Point in Time
Act No: No. 8 of 1999
Act Title: ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION
[ Date of commencement: 14th January, 2000. ]
[ Date of assent: 6th January, 2000. ]
Arrangement of Sections
PART I – PRELIMINARY
1.
Short title

This Act may be cited as the Environmental Management and Co-ordination Act, 1999.

PART II – GENERAL PRINCIPLES
3A.
Access to information.
(1)

Subject to the law relating to access to information, every person has the right to access any information that relates to the implementation of this Act that is in the possession of the Authority, lead agencies or any other person.

(2)

A person desiring the information referred to in subsection (1) shall apply to the Authority or a lead agency and may be granted access to such information on payment of the prescribed fee.

PART III – ADMINISTRATION
The Authority
7.
Establishment of the National Environment Management Authority
(1)

There is established an Authority to be known as the National Environment Management Authority.

(2)

The Authority shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of—

(a)

suing and being sued;

(b)

taking, purchasing, charging and disposing of movable and immovable property;

(c)

borrowing money;

(d)

entering into contracts; and

(e)

doing or performing all such other things or acts for the proper administration of this Act, which may lawfully be performed by a body corporate.

11.
Powers of the Authority

The Authority shall have all powers necessary for the proper performance of its functions under this Act and in particular, but without prejudice to the generality of the foregoing, the Authority shall have powers to—

(a)

control, supervise and administer the assets of the Authority in such manner as best promotes the purpose for which the Authority is established;

(b)

determine the provisions to be made for capital and recurrent expenditure and for reserves of the Authority;

(c)

receive any grants, gifts, donations or endowments and make legitimate disbursements therefrom;

(d)

enter into association with other bodies or organisations within or outside Kenya as the Authority may consider desirable or appropriate and in furtherance of the purpose for which the Authority is established;

(e)

open a banking account or banking accounts for the funds of the Authority; and

(f)

invest any funds of the Authority not immediately required for its purposes in the manner provided in section 26.

13.
Conduct of business and affairs of the Authority
(1)

Subject to this Act, the Authority shall regulate its own procedure.

15.
Delegation by the Authority

Subject to this Act, the Authority may, by resolution either generally or in any particular case, delegate to any committee of the Authority or to any member, officer, employee or agent of the Authority, the exercise of any of the powers or the performance of any of the functions or duties of the Authority under this Act.

16.
Staff of the Authority

The Authority may appoint such officers or other staff of the Authority as are necessary for the proper discharge of its functions under this Act or any other written law, upon such terms and conditions of service as the Authority may determine.

17.
The common seal of the Authority

The common seal of the authority shall be kept in such custody as the Authority may direct and shall not be used except on the order of the Authority.

18.
Protection from personal liability

No matter or thing done by a member of the Authority or any officer, employee or agent of the Authority shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Authority, render the member, officer, employee or agent or any person acting on his directions personally liable to any action, claim or demand whatsoever.

19.
Liability of the Authority for damages

The provisions of section 18 shall not relieve the Authority of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of the powers conferred on the Authority by this Act or by any other written law or by the failure, whether wholly or partially, or any works.

21.
Financial year

The financial year of the Authority shall be the period of twelve months ending on the thirteeth June in each year.

County Environment Committees
PART IV – ENVIRONMENTAL PLANNING
41A.
Purpose of Environmental Action Plans.
(1)

The purpose of environmental action plans is to co-ordinate and harmonise the environmental policies, plans, programmes and decisions of the national and county governments, as the case may be, in order to-

(i) minimize the duplication of procedures and functions; and promote consistency in the exercise of functions that may affect the environment; and
(ii) secure the protection of the environment across the country; and
(iii) prevent unreasonable actions by any person, state organ or public entity in respect of the environment that are prejudicial to the economic or health interests of other counties or the country.[Act No. 5 of 2015, s. 27.]
41B.
Monitoring compliance with Environmental Plans
(1)

The Authority shall monitor compliance with the national and county environmental action plans and may take any steps or make any inquiries that it may consider necessary in order to determine if the plans are being complied with.

(2)

If as a result of any action taken or inquiry made under subsection (1) the Authority is of the opinion that a plan is not substantially being complied with, the Authority shall serve a written notice to the organ concerned, calling on it to take such specified steps as the Authority may consider necessary to remedy noncompliance.

(3)

Within thirty days of the receipt of the notice referred to in subsection (2), the organ shall respond to the notice in writing setting out any —

(a)

objections to the notice, if any;

(b)

the action that will be taken to ensure compliance with the respective plan; or

(c)

other information that the organ considers relevant to the notice.

(4)

After considering the representations from the organ and any other relevant information, the Authority shall within thirty days of receiving the response referred to in subsection (3) issue a final notice —

(a)

to confirm amend or cancel the notice referred to in subsection (2);

(b)

to specify any action and a time period within which such action shall be taken to remedy non-compliance.

(5)

The Authority shall keep a record of all environmental action plans and ensure that such plans are available for inspection by the public.

PART V – PROTECTION AND CONSERVATION OF THE ENVIRONMENT
44.
Protection of hill tops, hill sides, mountain areas and forests

The Authority shall, in consultation with the relevant lead agencies, develop, issue and implement regulations, procedures, guidelines and measures for the sustainable use of hill sides, hill tops, mountain areas and forests and such regulations, guidelines, procedures and measures shall control the harvesting of forests and any natural resources located in or on a hill side, hill top or mountain area so as to protect water catchment areas, prevent soil erosion and regulate human settlement.