suing and being sued;

taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property;

borrowing money and lending money;

entering into contracts; and

performing all other acts for the furtherance of the provisions of this Act.

control, supervise and administer all assets in such manner and for such purpose as best promotes the purpose of its establishment;

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

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

levy such fees as it may determine necessary;

enter into association with other bodies or organizations within or outside Kenya as may be desirable or appropriate in furtherance of the purpose for which it is established;

open bank accounts for its funds;

invest any of its funds not immediately required for its purposes in the manner provided under section 20;

hold inquiries and gather any relevant information including requisition of reports, records, documents and any information from any source including any state organ and to compel the production of such information where it considers necessary; and

undertake any other activity that may be necessary for the fulfillment of any of its functions under this Act.

protection of persons, property and the environment;

national security;

independence;

responsibility and accountability;

transparency;

co-operation; and

need not be bound by the strict rules of evidence.

a non-executive Chairperson who shall be appointed by the President;

the Principal Secretary of the Ministry responsible for internal security or his or her representative;

the Principal Secretary of the National Treasury or his or her representative;

the Principal Secretary of the Ministry responsible for energy or his or her representative;

the Principal Secretary of the Ministry responsible for education or his or her representative;

the Principal Secretary of the Ministry responsible for health or his or her representative;

the Principal Secretary of the Ministry responsible for defence or his or her representative;

the Attorney-General or his or her representative;

three members appointed by the Cabinet Secretary by virtue of their knowledge and experience of not less than ten years in matters relating to engineering, law, radiation or nuclear related science, environmental or public safety, or finance; and

the Director-General, who shall be an ex officio member.

has at least a degree in either physical science, nuclear science, engineering, law, social sciences or any other relevant field; and

has at least ten years' experience at management level.

monies allocated by the National Assembly for the purposes of the Authority;

such monies or assets as may accrue to the Authority in the course of exercise of its powers, or in the performance of its functions under this Act; and

monies from other sources including loans, grants, or donations to the Authority.

the payment of salaries, allowances and other charges in respect of the staff of the Authority;

the payment of pensions, gratuities and other charges in respect of the staff of the Authority;

the maintenance, repair and replacement of the equipment and other property of the Authority;

implementation of the regulatory control programme; and

any other expenditure as may be necessary for the carrying out of the objects and functions of the Authority under this Act.

a statement of income and expenditure during the year; and

a statement of the assets and liabilities of the Authority as on the last day of that year.

specifically authorized by the Authority; or

exempted, wholly or partially from regulatory control, by the Authority.

a detailed description of the activity, nuclear or radioactive material, its intended use and the facility in which it shall be used;

a description of the radiation protection measures and for physical protection of the nuclear or radioactive material or facility;

a plan for the management of radioactive waste resulting from the use of nuclear or radioactive material; and

proof of payment of prescribed fees.

only for activities that can be conducted in a manner that adequately ensures the protection of people, property and the environment; and

upon such other terms and conditions as may be prescribed.

a contravention of this Act;

violation of the terms and conditions of the authorization; or

any circumstance where the Authority determines that continued activity under the authorization would pose a risk to people, property or the environment.

facilities and activities meet the necessary regulatory requirements;

relevant documents and instructions to authorized persons are valid and are being complied with by the authorized persons, employees or agents;

persons engaged in authorized activities possess the competence necessary for their functions;

deficiencies and deviations from authorization requirements are remedied without undue delay; and

lessons learnt from authorized activities are communicated to other authorized persons, the Authority and any other relevant persons.

perform such other functions as the Authority may deem necessary.

immediately order the temporary suspension of the activity;

order the authorized person to prohibit workers who do not meet applicable requirements from engaging in the activity;

order that nuclear material, radioactive material or any other apparatus generating ionizing radiation originating from a suspended activity or facility be safely and securely stored; and

take any other action as may be prescribed under the provisions of this Act.

withdrawn by the inspector;

reversed or modified by the Authority; or

modified or altered through an administrative or judicial review.

where the report is accompanied by objections, review the objections and issue such orders as may be necessary; and

ensure that relevant measures have been taken against the persons contravening the provisions of the Act.

remedy compliance as directed by the Authority or as soon as practically possible; and

prevent recurrence.

justify every radiation practice and prove that its benefits outweigh the health detriment to the people and environment;

optimize the radiation protection of people and the environment in such a way that exposures, are as low as reasonably achievable, taking into account economic and social factors;

put mechanisms in place to ensure dose limits are not exceeded for practices where such limits apply; and

ensure the protection of persons from the harmful effects of exposure to ionizing radiation.

the radiation risk for persons is sufficiently low to be of no regulatory concern;

the collective radiological impact is sufficiently low that regulatory control is not warranted; and

the source or activity is considered to be inherently safe, with no likelihood of creating situations that could result in a failure to meet the criteria in paragraphs (a) or (b).

possess an adequate understanding of the fundamental principles of radiation protection, justification, optimization and dose limitation;

take all steps necessary for the protection and safety of workers, patients and the public by keeping doses below the relevant threshold and ensuring that all reasonable steps are taken to minimize adverse effects on the population, at present and in the future;

plan and implement the technical and organizational measures necessary to ensure adequate safety, including effective defenses against radiological hazards;

prepare and implement an appropriate emergency plan;

ensure compliance with the dose limits established by the Authority and monitor the radiation exposure of workers;

possess adequate human and financial resources to conduct the proposed activity in a manner that ensures safety and security;

not modify the conduct of any authorized activity in a manner that could affect the protection of workers, patients and the public or the environment without seeking the written approval of the Authority; and

provide upon request by the Authority, all information considered to be necessary by the Authority.

verify compliance with the provisions of this Act and applicable regulations;

verify the assessments and selection parameters presented by the applicant;

determine whether the end use of the product can be exempted; and

if necessary, authorize the provision to the public of the consumer product subject to specific conditions of authorization or exempt the consumer product.

the radiological procedure has been requested by an appropriately qualified and registered clinician or medical practitioner within their respective care level;

responsibility has been assumed for ensuring protection and safety; and

the person subject to the exposure has been informed of the expected benefits and risks and has consented to the exposure.

exploration;

removal from site for testing and evaluation;

excavation activities at site;

siting and construction of the mine;

operation of the mine and processing facility;

transport;

waste management; and

decommissioning of the mine.

nuclear facility design;

siting;

construction;

commissioning;

operation;

decommissioning;

remediation; and

such other activity relating to construction and operation, as may be necessary.

nuclear power plants;

research reactors; and

other nuclear facilities.

the frequency and severity of external natural and human induced events and phenomena that could affect the safety of the facility;

the foreseeable evolution of natural and man-made factors in the region that may have a bearing on safety for a time period that encompasses the projected lifetime of the facility;

the hazards associated with external events that are to be considered in the design of the facility, including the potential combined effects of hydrological, hydrogeological and meteorological conditions;

particulars relating to safety such as the storage and transport of nuclear material;

the possible non-radiological impact of the facility, due to chemical or thermal releases, and the potential for explosion and dispersion of chemical products;

the potential for interactions between nuclear and non-nuclear effluents;

the potential radiological impacts in operational states and conditions on people in the region, including impacts that could lead to emergency measures or potential impacts outside the territory of the Republic of Kenya;

total nuclear capacity to be installed on the site, with provision for re-evaluation of the site if the installed capacity is to be significantly increased beyond the level assessed in a previous site evaluation; and

such other matters as may be prescribed.

the competence and capability of the applicant or authorized person to meet relevant authorization requirements during construction and operation;

the site evaluation report, prepared pursuant to the provisions of this Act, to confirm its acceptability, and related information needed for the design of the proposed facility;

the potential environmental impact of the proposed facility;

the basic design of the proposed facility, to confirm that it can meet relevant safety, security and physical protection requirements;

the management systems of the applicant or authorized person;

research and development plans related to demonstration of the acceptability of the design; and

arrangements for decommissioning and management of radioactive waste including financial mechanisms therefor.

the development of the facility design through documentation submitted by the authorized person to determine its continued acceptability; and

the progress of research and development activities related to demonstration of the acceptability of the design.

the commissioning programme and, if needed, establish a schedule for further review and assessment prior to operation;

as-built design and construction and manufacturing quality of the facility;

results of non-nuclear commissioning tests;

limits and conditions for operation during commissioning, with a staged approach, if necessary;

provisions for radiation protection;

adequacy of operating instructions and procedures, especially the main administrative procedures, general operating procedures and emergency operating procedures;

recording and reporting systems;

arrangements for training and qualification of facility personnel, including staffing levels and fitness for duty requirements;

management systems for operation;

emergency preparedness programme;

accounting measures for nuclear and radioactive material;

adequacy of physical protection measures;

arrangements for periodic testing, maintenance, inspection and control of modifications and surveillance;

arrangements for decommissioning and management of radioactive waste;

results of commissioning tests; and

limits and conditions for operation.

the review and assessment of changes in operational limits and conditions or of significant safety related modifications, to be conducted prior to their authorization; and

periodic reviews in every ten years or as the Authority may otherwise direct, of the operator's compliance with relevant terms and conditions related to the facility's safety and physical protection.

arrangements for ensuring that the reactor core remains subcritical;

procedures and measures to disconnect, dismantle and preserve the systems that are to be taken out of operation or temporarily dismantled;

modifications of the safety analysis report and the operational limits and conditions;

arrangements for dealing with the fuel and radioactive waste;

regular surveillance and periodic inspection, testing and maintenance to ensure that the safety performance of structures, systems and components does not degrade;

revised emergency planning arrangements;

staffing requirements to undertake the tasks necessary to keep the reactor in a safe condition and to maintain knowledge about the research reactor; and

arrangements for the security of the reactor and the facility.

establish requirements for the decommissioning of nuclear facilities where radioactive sources are produced, used or stored in accordance with subsection (2);

ensure that relevant documents and records prepared by the authorized person are maintained for a specified period of time before, during and after decommissioning;

establish criteria for determining when a nuclear facility or part of a facility must be permanently shut down; and

evaluate the end state of the facility after decommissioning activities have been completed to ensure that relevant regulatory requirements have been met.

safety and environmental criteria, including conditions on the end state of decommissioning;

limits and conditions for the removal of regulatory controls for facilities containing radionuclides;

criteria for the clearance of radioactive material during and following decommissioning; and

such other requirements as may be prescribed.

ensure that the public and interested parties are provided with an opportunity to review and comment upon the decommissioning plan prior to its approval;

require the authorized person to provide periodic reviews and updates of the decommissioning plan and shall specify the maximum time interval between such reviews and updates;

where specific circumstances result in significant changes to the initial decommissioning plan, require the authorized person, to revise and update the plan to reflect these changed circumstances and submit it to the Authority for approval;

require that a final decommissioning plan be prepared and submitted for approval prior to the implementation phase of decommissioning activities; and

ensure that a programme to implement and monitor compliance with remaining regulatory requirements has been established for sites where decommissioning has been completed but where authorizations or restrictions on future use of the site remain.

be commensurate with a facility specific cost estimate;

be changed if the cost estimate increases or decreases; and

be reviewed as part of the periodic review of the decommissioning plan.

the administrative operations of the Fund; and

the financial requirements for decommissioning.

an assessment of the nature, likelihood and potential magnitude of resulting damage, including the population and territory at risk from an accident, malicious act or incident; and

the results of any accident analyses and any lessons learnt from the experience or incidents and accidents that have occurred in connection with similar activities.

protect persons, property and the environment;

meet the obligations under relevant international instruments ratified or acceded to by Kenya;

support international cooperation in the safe, secure and peaceful uses of nuclear science and technology; and

support international efforts to prevent the proliferation of nuclear weapons, explosive and radiological dispersal devices.

undertake the design of any packaging or package;

operate or maintain any packaging or package; or

transport, or cause or permit to be transported in any packaging or package, any nuclear material or radiation source, otherwise than in accordance with the provisions of this Act.

take into account the nature and extent of the measures to be taken in respect of the likelihood and magnitude of radiation exposures or environmental contamination; and

adopt a structured and systematic approach including consideration of the interfaces between the mode of transport and other activities.

the receiving State has disclosed the use of and made a binding commitment to use the controlled item for peaceful uses only;

levels of physical protection of the controlled item is consistent with those set forth in the Convention on the Physical Protection of Nuclear Materials;

International Atomic Energy Agency Safeguards shall be applicable in relation to the controlled item;

transfers of previously exported controlled items to a third State are subject to the prior approval by the Authority; and

any reprocessing of the controlled item is subject to the approval by the Authority.

that people, property and the environment are adequately protected against radiological and other hazards;

generation of radioactive waste is kept to the minimum practicable;

interdependence among the different steps of radioactive waste and spent fuel management is taken into account;

protective measures for radioactive waste and spent fuel management in the Republic of Kenya are implemented in a manner that reflects internationally recognized criteria, standards and guidance;

biological, chemical and other hazards that may be associated with radioactive waste and spent fuel management are adequately addressed;

criticality and removal of residual heat generated during radioactive waste and spent fuel management are adequately addressed;

actions imposing reasonably predictable impacts on future generations greater than those permitted for the current generation are avoided; and

appropriate funding arrangements are in place.

generation of the activity and volume of radioactive waste are kept to the minimum practicable level by suitable design, operation and decommissioning of its facilities;

radioactive waste is managed by appropriate classification, segregation, treatment, conditioning, storage or disposal, and maintaining records of such activities;

management of radioactive waste is not unnecessarily delayed; and

information sought by the Authority is furnished as requested.

an outline of the processes generating waste, and a description of the waste generated;

a description of the environment into which the waste will be discharged or disposed, including the baseline radiological characteristics;

a description of the proposed system for waste management including the facilities and procedures involved in the handling, transportation, treatment, storage or disposal of radioactive waste;

prediction of environmental concentrations of radionuclide and radiation doses to people from the proposed waste management practices, including demonstration of adherence to the radiation protection requirements under this Act;

a program for monitoring the concentration of radionuclides in the environment and assessment of radiation doses to members of the public arising from the waste management practices;

emergency plans for dealing with accidental releases, or circumstances which might lead to uncontrolled releases of radioactive waste, to the environment;

a schedule for reporting on the operation and results of monitoring and assessments required by this plan;

a plan for decommissioning the operation and the associated waste management facilities and remediation of the site; and

a system of periodic assessment and review of the adequacy and effectiveness of procedures instituted under the plan to ensure currency and to take account of potential improvements consistent with best practicable technology.

radioactive waste is collected, segregated, characterized and packaged at the point of origin in accordance with the classification and packaging system established under this Act;

the selected radioactive waste packages are compatible with planned storage or disposal options and also meet the prescribed radioactive waste acceptance criteria; and

the waste packages are designed and produced so that radionuclides are confined under both normal and accident conditions.

such discharge is within the limits specified in the authorization and is carried out in a controlled manner using authorized methods; or

the discharge is confirmed to be below the radioactivity clearance level prescribed by the Authority.

keep radioactive discharges below the authorized limits as is reasonably achievable;

monitor and record the discharges of radionuclides with sufficient detail and accuracy to demonstrate compliance with the authorized discharge limits and to permit estimation of the exposure of the critical group;

report discharges to the Authority at intervals as specified by the Authority and as may be determined from time to time; and

report as soon as practically possible to the Authority of any discharges exceeding the authorized limits.

the importing State has been notified of the transfer of radioactive waste and spent fuel prior to its receipt and has consented to such transfer;

movement of the intended exported material shall be conducted in conformity with relevant international obligations in all States through which the material will transit; and

the importing State possesses the regulatory infrastructure and technical capacity necessary to manage the exported radioactive waste and spent fuel.

ensure the implementation of the obligations of Kenya arising from ratified international treaties and conventions;

collect and provide to the applicable international entity information required to fully implement Kenya's international and national obligations;

facilitate entry into, access within the Republic of Kenya and offer necessary support to designated inspectors of the applicable international entity; and

ensure all agencies of the Government of Kenya and authorized persons cooperate fully with the applicable international and national entities in application of safeguard measures.

notify the Authority without delay of the incident and circumstances thereof;

provide a written report, including particulars, to the Authority as soon as practicable after giving notice; and

provide the Authority with any additional information as may be requested.

the development, production and use of nuclear energy;

mining, production, refinement, conversion, enrichment, processing, reprocessing, possession, import, export, use, packaging, transport, management, storage, or disposal of a nuclear material;

design, inspection during production or installation, production, possession, storage, import, export, use, decommissioning, or disposal of prescribed equipment;

production, possession, transfer, storage, import, export, use, disclosure or restriction of disclosure of prescribed information;

applications for an authorization under this Act;

design, siting, construction, installation, operation, maintenance, modification, decommissioning, abandonment or disposal of a nuclear facility or part of a nuclear facility;

protection of persons, property and the environment, from any risks associated with the facilities and activities carried out under this Act;

non-ionizing radiation exposure;

prescribing the fees that may be charged by the Authority, on information, products and services or for the programmes that it establishes and maintains;

prescribing the fees payable for various authorizations;

qualifications for, and the training and examination of, inspectors and other persons authorized under this Act;

measures to ensure the maintenance of national security and compliance with Kenya's international obligations in the development, production and use of nuclear energy and the production, use, possession, packaging, transport, storage and disposal of nuclear materials, prescribed equipment and prescribed information;

measures to implement Kenya's international obligations regarding the development, production and use of nuclear energy, including prescribing the manner in which the conditions under which access to a nuclear facility, nuclear material or prescribed information shall be granted to prescribed persons;

establishing requirements to be complied with by any person who possesses, uses, packages, transport, stores or disposes of a nuclear substance or prescribed equipment or who locates, designs, constructs, installs, operates, maintains, modifies, decommissions or abandons a nuclear facility or nuclear-powered vehicle;

the form of certificates of inspectors and designated officers;

the procedure for certifications and decertification of prescribed equipment;

establishing classes of nuclear facilities;

the provision of any radiation protection services;

radioactivity levels in foodstuff and consumer products;

licensing process for export or import of controlled items, including end-user controls;

the form of notices required by this Act and the manner in which they are to be given;

the exemption of any activity, persons, class of persons or quantity of nuclear material, temporarily or permanently, from the application of this Act or the regulations thereunder; and

prescribe anything that is required to be prescribed by this Act and generally any other matter necessary for carrying out the purposes of this Act.

in as far as applicable, the contractual obligations existing pursuant to the Radiation Protection Act shall be preserved;

members of the former Radiation Protection Board and the Chief Radiation Protection Officer shall continue to serve in the Authority in the corresponding positions as members of the Board and Director-General respectively until the expiry of their unexpired term.