POLLUTION LAWS IN KENYA
EMCA, 1999
Environmental Management and Coordination Act, 1999
Assented to in1999 and commenced in 2000.
An ACT of Parliament to provide for the establishment
of an appropriate legal and institutional framework for the
management of the environment and for the matters
connected therewith and incidental thereto.
EMCA, 1999
Institutions under EMCA
NEMA:National Environmental Management Authority (NEMA)
is to exercise
general supervision and co-ordination over all matters relating
to the environment
and to be the principal instrument of Government in the imple
mentation of all
policies relating to the environment/
NATIONAL ENVIRONMENT COUNCIL: responsible for po
licy formulation
directions for the purposes of the Act. The Council also sets n
ational goals
and objectives, and determines policies and priorities for the p
rotection of the
environment.
PROVINCIAL AND DISTRICT ENVIRONMENT COMMIT
TEES:
Contribute to decentralisation of environmental management
and enable
participation of local communities.
PUBLIC COMPLAINTS COMMITTEE:
provides the administrative mechanism for addressing environme
ntal harm.
EIA REGULATIONS
Section 58 of EMCA requires an ENVIRONMENTAL IMPACT
ASSESSMENT LICENSE
EMCA, 1999
WETLAND REGULATIONS, 2009
environmental impact before it ensures that a strategic environm
ental
plan encompassing mitigation measures and approved by the A
uthority is in place”.
NOISE REGULATIONS, 2009
These Regulations prohibit a production of any loud,
unreasonable, unnecessary or unusual noise which
annoys, disturbs, injures or endangers the comfort, repose,
health or safety of others and the environment.
Specific sections have requirements
that apply to wetlands in Kenya
either in private or public land.
The regulations empower the District Environment Committee
to co-ordinate, monitor and advise on
all aspects of wetland resource management
within the district.
WATER QUALITY REGULATIONS
This includes the following:
• Protection of sources of water for domestic use;
• Water for industrial use and effluent discharge;
• Water for agricultural use.
These Regulations outline:
• Quality standards for sources of domestic water;
• Quality monitoring for sources of domestic water;
• Standards for effluent discharge into the environment;
• Monitoring guide for discharge into the environment;
• Standards for effluent discharge into public sewers.
License to discharge to the environment.
WASTE MANAGEMENT REGULATIONS
These Regulations apply to all categories of waste .
These include:
• Industrial wastes;
• Hazardous and toxic wastes;
• Pesticides and toxic substances;
• Biomedical wastes;
• Radio-active substances.
These regulations outline requirements for handling, storing,
transporting, and treatment/ disposal of all waste categories.
Disposal of waste by NEMA licensed company.
CONTROLLED SUBSTANCES
These are basically ozone depleting gases
One needs a license to:
• Produce Controlled Substances.
• Import Controlled Substances.
Transport Controlled Substances through Kenya.
Export Controlled Substances.
THE EMCA(CONSERVATION OF
BIOLOGICAL DIVERSITY RESOURCES,
ACCESS TO GENETIC RESOURCES
AND BENEFIT SHARING) REGULATIONS,
2006
Environmental Impact Assessment Licence to:
• Engage in activities with an adverse impact on any ecosyste
m;
lead to the introduction of any exotic species;
lead to unsustainable use of natural resources,
Any person who intends to access genetic resources in Kenya
needs an Access permit for genetic resources in Kenya
with a certificate from National Council for Science and Techno
log
