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SPECIAL ISSUE
Kajiado County Gazette Supplement No. 13 (Bills No. 13)
REPUBLIC OF KENYA
KAJIADO COUNTY GAZETTE SUPPLEMENT
BILLS, 201 5
NAIROBI, 12th October, 2015
CONTENT
Bill for Introduction into the Kajiado County Assembly—
PAGE The Kajiado County Environmental Management Bill, 2015
1
PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI
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THE KAJIADO COUNTY ENVIRONMENTAL MANAGEMENT BILL, 2015
ARRANGEMENT OF CLAUSES
Clauses
PART I—PRELIMINARY
1— Short Title
2— Interpretation
3— Objects and Purpose of the Act
PART II—GENERAL PRINCIPLES
4— Entitlement to a Clean Environment
5— Access to Environmental Services
6— Application to Court under the Part
7— Application to Court not to Require Locus Stand
PART III—OFFENCES AND ENFORCEMENT
8— Appointment of Environmental Officers
9— Duties of Environmental Officers
10— Power of Entry
11— Environmental Officers to Prosecute
12— Records to Keep
13— Penalty
14— Offences Relating to Inspection
15— Offences by Bodies Corporate, Partnerships or Employers
16— Penalty where not Expressly Stated
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PART IV—PROTECTION AND CONSERVATION OF ENVIRONMENT
17— Prohibited Activities with EIA
18— County to Make Guidelines on Hill Top and Mountainous
Areas
19— County to Identify Hilly and Mountainous Areas
20— Criteria for Determining Environmental Risk to Hills
21— Afforestation and Re-afforestation
22— Director to Encourage Voluntary Planting of Trees
23— County to Control Land Within its Jurisdiction
24— Notice of Guidelines by the County
25— Zoning of Areas
26— Prohibition of Development Without Zoning Approval
27— Offences under the Part
28— Country to Control Biological Diversity
29— Guidelines for Conservation of Biological Resources
30— Stakeholders to take Part in Conservation of Biological
Resources
31— Protection of Species Threatened with Extinction
PART V—CONTROL OF UNDERGROUND POLLUTION
32— Digging of Pit in Prohibited Areas
33— Foul Water from Building to be Controlled
34— Connection to Public Sewer
35— Incinerator for Combustible Waste
36— Disposal of Sanitary Towels
37— Licensed Company to Deal with Sanitary Towels
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The Kajiado County Environmental Management Bill, 2015 3
38— Public Institutions to have Sanitary Bins
39— Definition of Public Premises
40— Sanitary bins to be Approved
41— Offences
42— Penalty where not Expressly Stated
43— Private Sector Involvement in Solid Waste Management
PART VI—REFUSE REMOVAL AND DISPOSAL
44— Garbage Collection Zones
45— Penalty
46— Application for Waste Disposal License
47— County may Order Cease of Operation
48— Cancellation of Waste Handling License
49— Hiring out of Refuse Receptacles
50— Application for Refuse Receptacle Hire
51— Mode of Collections for the Fees
52— Provision of Dust Bin
53— Dust Bin Specification
54— Dust bin to be a Condition for Licensing
55— Destruction of a County Receptacle
56— Storage of Domestic Refuse
57— Refuse Receptacle Site
58— Refuse Receptacle to be Covered
59— Dumping of Refuse Outside Receptacle an Offence
60— Vehicle Transporting Certain Type of Refuse
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61— Depositing Fire or Liquid
62— Condition of Refuse Receptacle Within Premises
63— Receptacle for Carrying Offensive Matter to be Covered
64— Every Person to Ensure Safe Refuse Disposal
65— Proof of Safe Disposal of Refuse
66— Penalty
67— Failure to Produce Proof on Demand an Offence
68— Obstructing Access
69— County to Control Disposal Site
70— Levy of Conservancy Fee
71— Conservancy Fee to be Levied along with Business Permits
72— Indiscriminate Refuse Disposal an Offence
73— No entry to County's Disposal Site Without Permission
74— Duty of the County to Remove Dead Animals
75— Disposal of Dead Animals Without Permit Prohibited
76— Placing of Dead Animals in Refuse Receptacle an Offence
77— An offence to Fail to Notify the County of Dead Animal
78— Penalty if Not Expressly Stated
PART VII —STREET CLEANSING
79— County's Responsibility to Cleanse Streets
80— Owner or Occupier to Clean Paved Areas
81— Offences for Failure to Clean
82—County to Provide Street Litter Bins 83— Indiscriminate
Litter Disposal Prohibited
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The Kajiado County Environmental Management Bill, 2015 5
84— Direct arrest for Littering
85— Indiscriminate Pasting of Posters Prohibited
86— Offence for Indiscriminate Pasting of Posters
87— Waste Disposal
88— Designated Waste
89— Incinerators to be Provided
90— Preparation and Transportation of Waste Disposal Plans
PART VIII—TOXIC AND HAZARDOUS SUBSTANCE DISPOSAL
91— County to Designate Areas for Toxic Waste Disposal
92— Incinerator to be Provided
93— Preparation and Transportation of Waste Disposal Plans
94— Unlicensed Disposal of Toxic Waste Prohibited
95— Proof of safe Disposal
96— License to Dispose of Toxic Hazardous Waste
97— Conditions in the Toxic Hazardous Disposal License
98— Special Conditions and Revocation of License to be Allowed
in Certain Circumstances
99— Appeals to Lie to the Count Executive Committee from
Decisions under the Part
100— Use of Consignment Note of the Carriage of Toxic
Hazardous
101— Offences Relating to Hazardous Wastes, Materials
Radioactive Substance
102— Penalty where not Expressly Stated
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PART IX—ENVIRONMENTAL IMPACT ASSESSMENT
103— Submission of an Environmental Impact Assessment Report
104— Further Environmental Impact Assessment
105— Environmental License
106— Transfer of Environment Impact
107— Environmental License
108— Transfer of Environmental Impact Assessment
109— Penalty where not Expressly Stated
PART X—ENVIRONMENTAL AUDITS
110— Further to Measures to Protect the Environment
111— Requirement of Persons Submitting the Assessments and
Reports
112— Penalty for Failure to Submit the Assessment and Report
113— Annual Environmental Audits
114— Failure to Comply with Notice is an Offence
115— Mitigations to be Complied with
116— Penalty where not Expressly Stated
PART XI—ENVIRONMENTAL NUISANCES
117— Prohibition of Nuisance
118— County Government to Maintain Cleanliness, Prevent
Nuisance
119— Environment Authorities to Remedy Danger to Environmentally
Unsustainable Buildings
120—What Constitutes Nuisance
121— Definition of Environmental Nuisance Author
122— Procedure if Owner or Occupier
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The Kajiado County Environmental Management Bill, 2015 7
123— Direct Prosecution
124— Bond to Appear in Court
125—Notice to be Complied within the Period Specified 126—
Continuity of Offence
127— Penalty for Continuity of Offences
128— Closing Order may be Issued
129— Court may Order County
130— Offences on Excess Smoke
131— Penalty where not Expressly Stated
PART MI—ENVIRONMENTAL NOTICES 132— Issues of Environmental
Notices
133— Contents of an Environment Notice
134— Contents of Environmental Restoration Notice 135—
Reconsideration of Restoration Notice 136— County to Recover
Restoration Cost
137— Issue of Environment Restoration Order by Court 138—
Failure to Comply with Restoration Notice an Offence 139—
Continuity of Offence
140— Environmental Licenses to be Obtained
141— Forfeiture and other Orders 142— Offences Relating to
Environment 143— Closure Order 144— Penalty where Expressly
Stated
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PART XIII—WATER QUALITY STANDARDS
145— Duty of Establishment to Procure Effluent
146— Failure to Submit Reports
147-- Effluent to be Discharged Only into Sewer
148— Discharge of Trade Effluent
149— Effluent Pre-treatment
150— Offences
151— Discharge License
152— Register of Discharge License
153— Procedure Analysis
154— Certificate of Analysis and its Effect
155— Waste water
156— Additional Offences Relating to Standards
157— Offences Relating to Waste Water Pollution
158— Penalty where not Expressly Stated
PART XIV—EXHAUSTER SERVICES
159— Exhauster Services to be Improved
160— Private Sector may be Involved in Exhauster Service
161— Construction to be Approved
162— Penalty where not Expressly Stated
PART XV—GREENING AND BEAUTIFICATION
163— Definitions of Public Places
164— Private sector Involvement in Beautification
165— Cancellation of Memorandum of Understanding
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The Kajiado County Environmental Management Bill, 2015 9
166— Protection of Bushes from Clearance
167— Penalty
168— Public Spaces and any Garden not to be used Without
Authority
169— Destruction and Stealing of Flowers Prohibited
170— Photography in Parks to be Controlled
171— Penalty where not Expressly Stated
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE
FIFTH SCHEDULE
SIXTH SCHEDULE
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10 The Kajiado County Environmental Management Bill, 2015
THE KAJIADO COUNTY ENVIRONMENTAL MANAGEMENT BILL, 2015
A Bill for
AN ACT of the Kajiado County Assembly, to provide for control
and management of environmental matters and for connected
purposes
ENACTED by the Kajiado County Assembly as follows—
PART 1—PRELIMINARY
Short Title
1. This act may be cited as the Kajiado County Environmental
Management Act, 2015.
Interpretation
2. In this Act, unless the context otherwise requires—
"adult" person of eighteen years of age or over;
"agent" means a contractor, private firm, community group or any
other person organization or institution appointed by County to
render refuse collection, transportation, treatment or disposal
services on its behalf;
"air quality" means the concentration prescription under or
pursuant to this Act of a pollutant in the atmosphere at the point
of measurement;
"ambient air" means the atmosphere surrounding the earth but
does not include the atmosphere within a structure or within any
underground space;
"analysis" means the testing or examination of any matter,
substance or process for the purpose of determining its composition
or qualities or its effect. (Whether physical, chemical or
biological) or any segment of the environment or examination of
emissions or recording of noise or subsonic vibrations to determine
the level or other characteristics of the noise or subsonic
vibration or its effect on any segment of the environment;
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The Kajiado County Environmental Management Bill, 2015 11
"analyst" means an analyst appointed or designated under the
County Act or any other government public analyst;
"annual report on the state of Environment" means the report
prepared and issued under a County Act;
"approved" or "prescribed" means respectively approved or
prescribed by the County Government or by the appointed officers or
by the regulations under the environment act as the case may
be;
"authorized Officer" Means the Director of Environment/Public
Health, Deputy Director of Environment/Public Health and Assistant
Director of Environment or any other officer duly authorized by the
Director of Environment or any other officer duly authorized by the
Director of Environment in writing;
"beneficial Environment" means that the environment which has
benefitted through the imposition of one or more obligations on the
burdened land;
"beneficial use" means a use of the Environment or any element
or segment of the environment that is conducive to public health,
and which requires protection from the effects of wastes,
discharges, emissions and deposits;
"biological diversity" means the variability among living
organisms from .41 sources including; terrestrial ecosystems,
aquatic ecosystems and the ecological complexes of which they are
part; this includes diversity within species of ecosystems;
"biological resources" includes genetic resources, organisms or
parts thereof, populations or any other biotic component or
ecosystems with actual or potential use or value for humanity;
"building" means any structures movable of fixed, of whatsoever
kind, or any part thereof and include drainage works and
excavations;
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12 The Kajiado County Environmental Management Bill, 2015
"burdened land" means any land upon which an environment
easement has been imposed;
"carrier" means the person carrying toxic and hazardous waste
including the named vehicle registration number as shown in
schedule C of the consignment of the consignment note referred to
as a carrier's certificate;
"charcoal" means wood fuel product derived for carbonization of
wood or other plant;
"CECM" means the County Environment Committee Member responsible
for or officer in charge of environmental matters as the case may
be;
"commercial area" means the area in the sub-county, which the
CEC may by order define;
"chemical" means a chemical substance in any form whether by
itself or in a mixture or preparation whether manufactured or
derived from notice and for the purpose of this Act includes
industrial chemicals, pesticides, fertilizers and drugs;
"clinical waste" means the waste arising from medical, nursing,
dental, veterinary, pharmaceutical or similar practice,
investigation, treatment, care, teaching or research which by
nature of its toxic, infectious or dangerous content may prove a
hazard or give offence unless previously rendered saf-and
inoffensive. Such waste includes human or animal tissues or
excretions;"' drugs and medical products, swabs and dressings,
instruments or similar substances and materials;
"collection authority" means the county, or any other authority,
organization, private company or individual issued with a disposal
license by the county to collect and dispose of any toxic and
hazardous waste;
"count environment committee" means The Environment Committee
established by the County;
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The Kajiado County Environmental Management Bill, 2015 13
"county environmental action plan" means The County Environment
Action Plan prepared under this Act;
"county" means The County Government of Kajiado;
"developer" means the person who is developing project, which is
subject to an environmental impact assessment process under a
County Act or any other Act;
"director of environment/public health" means a Director of
Environment/Health and a Deputy Director of Environment appointed
by the County;
"disposal site" means County's designated solid waste disposal
site;
"disposer" means the person disposing of the waste referred to
in schedule of the consignment note;
"domestic waste" means garbage, and all other forms of
non-liquid refuse produced from domestic buildings but do not
include refuse from gardens, or manure or other waste generated
from processes of rearing animals;
"drain" means any drain used for the drainage of one building
only or, of premises within the same cartilage and made merely for
the purpose of communicating there from with access tool or
premises occupied by different persons is conveyed;
"dust bin" means a moveable covered receptacle for the reception
and storage of Refuse and made of material and of such size and
construction as specified in this Act;
"dwelling" means any house, room, shed, hut, case, tent,
vehicle, vessel or boat or any other structure or place whatsoever,
any portion whereof is used by any human being for sleeping or in
which any human being dwells.
"ecosystem" means a dynamic complex of plant, animal, micro
—organism communities and their non- living environment interacting
as a functional unit;
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14 The Kajiado County Environmental Management Bill, 2015
"effluent" means gaseous waste, water or liquid or other fluid
of domestic, agricultural, trade or industrial origin treated or
unread and discharged directly or indirectly into the aquatic
environment;
"element" in relation to the environment means any of the
principal constituent parts of the environment including water,
atmosphere, solid, vegetation, climate, sound, odor, aesthetics,
fish and wildlife;
"enforcement officer" means an Officer employed or authorized by
the County to enforce County Act among other duties;
"environment management" includes the protection, conservation
and sustainable use of the various elements or components of the
environment;
"environment monitoring" means the continuous or periodic
determination of actual and potential effects of any activity or
phenomenon on the environment whether long-term or short-term;
"environment/Public Health Officer" means an officer appointed
by the County to be as such and includes the Director and the
Deputy of Environment;
"environment" includes physical factors of the surroundings of
human beings including land, water, atmosphere, climate, sound,
odor, taste, the biological factors of animals and plants and the
social factor of aesthetics and includes both the natural and built
environment;
"environment" means the physiological, chemical and biological
conditions of the region, in which an organism lives and includes
land, air and water;
"environmental audit" means the systematic, documented, periodic
and objective evaluation of how well environment organization,
management equipment are performing in conserving or preserving
environment;
"environmental authority" in relation to the area of county,
means the County Government of Kajiado;
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The Kajiado County Environmental Management Bill, 2015 15
"environmental education" include a process of recognizing
values and clarifying concepts in order to develop skills and
attitudes necessary to understand and appreciate the
inter-relatedness among men, his culture and hiss biophysical
surroundings;
"Environmental impact assessment" means a systematic examination
conducted to determine whether or not a programmed, activity or
project would have any adverse impacts on environment;
"environmental planning" means both long term and short term
planning that takes into account environmental exigencies;
"environmental resources" includes the resources of the air,
land, flora and water together with their esthetical qualities;
"environmental restoration order" means an order issued under a
County Act;
"environmentally friendly" includes any phenomenon or an
activity that does not cause harm or degradation to the
environment;
"ex-situ conservation" means conservation outside the natural
ecosystem and habitat of the biological organism;
"factory" means any building or part of a building in which
machinery is worked by stream, water, electricity or other
mechanical power, for the impose of trade;
"firm" means any facility or investment whose activities are
likely to have impact on the environment;
"garage" means any place where repairs of motorized vehicles or
equipment are undertaken;
"garden refuse" means the refuse from the garden Actins, flower
beds including grass, plants and cutting of the hedge trees and
manure;
"general prohibition"
No person shall smoke in any of the following places-
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16 The Kajiado County Environmental Management Bill, 2015
(a) a place of public assembly;
(b) within a radius of 10 meters (32.8 feet) of all public
entrances or air intakes of buildings;
(c) any service counter in any premises including unenclosed
areas behind such service counters;
(d) any service line in any premises;
(e) any reception area including any enclosed area adjoining
reception area;
(f) any elevator, escalator or stairway that is generally used
by and is open to the public;
(g) any public transportation facilities or vehicles;
(h) any restroom, washroom, or toilets used by or open to the
public;
(i) any drinking establishment;
(j) any restaurant, including patios or sidewalk cafes;
"genetic resources" means a genetic material of actual or
potential value;
"good environmental practice" means practice that is in
accordance with the provision of the relevant County Act or any
other relevant Act of the land;
"hazardous substances" means any chemical, waste gas, medicine,
drug, plant, animal, or microorganism, which is likely to be
injurious to human health or the environment;
"hazardous waste" means any waste which has been determined by
the county to be hazardous waste, or to belong to any other
category of waste prohibited for in this Act and any other Act;
"hazardous" denotes all waste including toxic waste, which
presents immediate or long-term threats to people or the
environment;
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The Kajiado County Environmental Management Bill, 2015 17
"his, him and/or he" shall be taken to refer to either male or
female as the case shall be;
"injurious pollution" in relation to a stream, a lake or any
inland waters means pollution injurious to the fauna or such body
or water;
"in-situ conservation" means conservation within the natural
ecosystem and habitat of the biological organism;
"intergeneration equity" means that all people within the
present generation have the right to benefit equally from the
exploitation of the environment and they have an equal entitlement
to a clean and healthy environment;
"intergenerational equity" means that the present generation
should ensure that in exercising its right to beneficial use of the
environment the health, diversity and productivity of the
environment is maintained or enhanced for the benefit of the future
generations;
"interpretation-smoking"
"smoke or smoking" means that the act of smoking tobacco,
including smoking a cigarette, cigar, pipe as evidenced by the
giving off of tobacco and includes the carrying of a lighted cigar,
pipe or other lighted smoking equipment;
"keeper of lodging house" means a person licensed to keep a
lodging nouse;
"land" includes any right over or in respect to immovable
property;
"latrine" includes privy, urinal, earth closet and water
closet;
"lodging House" means building or part of a house including the
verandah thereof, if any, which is let or sublet in lodgings or
otherwise, either by storey, by flats, by rooms or by parties of
rooms;
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18 The Kajiado County Environmental Management Bill, 2015
"magistrate" means any magistrate empowered to hold a
subordinate court of the first, second or third class or any other
magistrate as the case may be;
"mixture containing oil" means a mixture of substances or
liquids with such oil content as may be specified under a County
Act or if such oil content is not specified a mixture with an oil
content of 100 parts or more in one million parts of the
mixture;
"natural resources" includes the resources of the air, land,
water, animal and plants including their aesthetic qualities;
"noise" means any undesirable sound that is intrinsically
objectionable or that may cause adverse effects on human health or
the environment;
"occupational air quality" means the concentration prescribed
under or pursuant to this Act of a substance or energy in the
atmosphere within a structure or underground space in which human
activities take place;
"occupier" means a person in occupation or control of premises
and in relation to premises different parts of which are occupied
by different persons means the respective persons in occupation or
control of each part;
"offensive trader" includes the trade of blood boiler, bone
boiler, fell-monger, soup boiler, tallow matter and trip boiler and
any other noxious or offensive trade, business or manufacture
whatsoever;
"oil" includes crude oil, refined oil, diesel oil, fuel oil and
lubricating oir -- and any other description of oil which may be
prescribed;
"owner" as regards immovable property, includes any person other
than the county receiving the rent, or profits of any land or
premises from any tenant or occupier thereof or who would receive
such rent or profit if such land or premises were let whether on
his own account or as an agent for any person other than the
county, entitled thereto or interested therein; the term includes
any lease or license from the county and any superintendent,
overseer or manager or such lease or licensee residing on the
hold;
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The Kajiado County Environmental Management Bill, 2015 19
"owner" as regards to immovable property, includes any person,
other than the County, receiving the rents or profits of any land
or premises from any tenant or occupier thereof or who would
receive such rent or profits if such a land or premises were let
whether on his account, or as any agent for any person, other than
the county for any superintendent, overseer or manager of such
lease or license residing on the holding;
"owner" in relation to any premises means—
(a) the agent or trustee of any other owners described in
paragraph (i);
(b) the lease, including sub-lease of the premises;
(c) the person for the time being receiving the rent of the
premises whether on his own account or as an agent or trustee for
any other person or as receiver or who would receive the rent if
such premises were let to a tenant;
(d) the registered proprietor of the premises;
"ozone Layer" means the layer of the atmosphere zone above the
planetary boundary layer all defined in the Vienna Convention for
the protection of the Ozone 1985.
"pollutant" includes any substance whether liquid, solid or
gaseous which;
"polluter-pays principle" means that the cost for cleaning up
any element of the environment damaged by pollution, compensating
victims of the pollution, cost of beneficial uses lost as a result
of an act of pollution and other costs that are connected with or
incidental to the foregoing, is to be paid or borne by the person
convicted of pollution under this Act or any other applicable
Act;
"pollution" means any direct or indirect alteration of the
physical, thermal, chemical, biological or radioactive properties
of any part of the environment by discharging, emitting or
depositing wastes so as to effect any
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20 The Kajiado County Environmental Management Bill, 2015
beneficial use adversely to cause a condition which is hazardous
or potentially hazardous to public health, safety or welfare or to
animals, birds, wildlife, fish or aquatic life, or to plants or to
cause contravention of any condition, limitation or restriction
which is subject to a license under this Act;
"practicable" means reasonably practicable having regard, among
other things, to local conditions and knowledge and the term
"practicable" means include the provision and the efficient
maintenance of plants and the proper use thereof, and the
supervision by or on behalf of the occupier of any process or
operations;
"precautionary principle" is the principle that where there are
threats of damage to the environment, whether serious or
irreversible, lack of full scientific certainty shall not be used
as a reason for postponing cost-effective measures to prevent
environmental degradation;
"premises" include buildings, lands and hereditaments in every
tenure and machinery, plant or vehicle used in connection with any
trade carried on at any premises;
"presumption" where smoke is given off from a cigarette, cigar,
pipe or other lighted smoking equipment, it shall be, in the
absence of evidence to the contrary, presumed that the substance
being smoked is tobacco;
"producer" means of toxic and hazardous waste and one whose
details are shown in scheduled A of the consignment note for the
carriage and disposal of toxic; hazardous and clinical waste under
section 107 and referred to as producer's certificate;
"project report" means summary statement of the likely
environmental effects of a proposal development referred to in a
County Act;
"project" includes any project, programme or policy that leads
to projects, which may have an impact on the environment;
"public latrine" means any latrine to which the public is
admitted on payment or otherwise;
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The Kajiado County Environmental Management Bill, 2015 21
"public places" a building or portion of a building used or
intended to be used by the public, whether free or charge or for a
fee, for civic, political, travel, religious, social education,
commercial, entertainment, recreational or like purposes; ordinary
or occasionally as a place of public worship or a hospital,
college, school, theatre, public hall, or as a public place of
assembly, the lobby, hallways or stairways of an institution or
office building, the shopping center or shopping mall; a food court
used or intended to be used by the public in any building and
retail or wholesale store;
"public Sewer" means the County sewer or any sewer owned by any
County agent;
"radiation" includes ionizing radiation and any other radiation
likely to have adverse effects on human health and the
environment.
"relevant Land" means—
(a) in relation to a proposal to issue a disposal license, the
land on which activities may be carried on in pursuance to the
license it is issued in accordance with the proposal;
(b) in relation to a disposal license, the land on which
activity may be carried on in pursuance to the license and
reference to land includes such as water is mentioned in Act III
(4)a;
"responsibilities of owner" the owner of any public place, will
set aside a smoking zone or an area within the premises shall erect
a sign giving notice that smoking is prohibited at all public
entrances to the establishment and show areas set for smoking.
Shall ensure that any person found smoking by the owner or by an
employee or agent of the owner is immediately directed to stop
smoking and failing compliance is directed to leave off that
place;
"sand" means sedimentary material finer than gravel and coarser
that silts with grains between 00.06mm and 2mm in diameter and
includes stones, coral, earth and turf but does not include silica
sand;
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22 The Kajiado County Environmental Management Bill, 2015
"sand dealer" means any person(s) approved by the County
Government to harvest, remove, extract, scoop, transport or sell
sand in quantities above 2tonnes;
"sand harvesting" means the removal, extraction, harvesting or
scooping of sand from sites;
"sand harvesting site" means any area demarcated and endorsed
for the removal, extraction, harvesting or scooping of sand;
"sand loader" means any adult person engaged in the trade of
removal, extraction, harvesting or scooping of sand from sites onto
transportation vessels by either physical or mechanized means;
"sand transportation vessel" means any vessel used for purposes
of transporting sand from the sand harvesting site whether engine
propelled or hand cart or animal driven cart;
"sanitary convenience" means closets and urinals;
"segment" in relation to the environment means any portion or
portions of the environment expressed in terms of volume, space,
area, quantity, quality or time or any combination thereof;
"ship" includes every description of vessel or craft or floating
structure;
"soil" includes earth, sand, rock, minerals, vegetation and the
flora and fauna in the soil and derivations thereof such as
dust;
"street" means highway, road or sanitary lane or strip of land
reserved for a highway, rod or sanitary lane and includes any
bridge, footway, square, court, alley or passage whether a
thoroughfare or not or part of one;
"sustainable development" means development that meets the need
of the present generation without compromising the ability of
future generations to meet their needs by maintaining the carrying
capacity of the supporting ecosystems;
"tipping site" means County's designated solid waste dumping
site;
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The Kajiado County Environmental Management Bill, 2015 23
"toxic" means types of waste or substances that may cause death
or serious injury to human beings or animals;
"trade or industrial undertaking" means any place or premises
where there are commercial undertakings which are likely to have
environmental impacts;
"trade premises" means any premises (other than a factory) used
or intended to be used for carrying in any trade or business;
"trade refuse" means the refuse of any trade, manufacture or
business or of any building materials but does not include medical
and hazardous waste;
"verandah" means any building or part of a building in which
manual labor is exercised for the purpose of trade;
"waste Disposal Authority" means the authority taking charge in
the advisory in the collection, storage and disposal of toxic and
hazardous waste and in the Act shall be the county;
"waste Water" means the discharge from baths, lavatory, basins,
sinks and similar appliances which does not contain excretal liquid
or any other obnoxious substance;
"waste" includes any matter prescribed to be waste and any
matter whether liquid, solid, gaseous or radioactive, which is
discharged, emitted or deposited in the environment in such volume,
composition of matter likely to cause an alteration of the
environment;
"water closet" means a closet which has a fixed receptacle,
connected to a drainage system and separate provision for flushing
from a supply of clean water whether by the operation of a
mechanism or by an automatic action;
"water" includes drinking water, river, stream, watercourses,
reservoir, well, dam, canal, channel, lake, swamps, open drain or
underground water;
"wet land" means areas permanently or seasonally flooded by
water where plants and animals have become adapted;
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24 The Kajiado County Environmental Management Bill, 2015
And (ii) of this interpretation section or where such owner as
described in paragraphs (i) and (ii) cannot be traced or has died,
his legal personal representative may directly or indirectly alter
the quality of any element of the receiving environment is
hazardous or potentially hazardous to human health or the
environment and includes objectionable odors, radioactive, noise,
temperature change or physical, chemical, biological change to any
segment or element of the environment.
Objects of the Act
3. The object and purpose of this Act is to provide for
environmental Management through provisions on environmental
protection.
PART II—GENERAL PRINCIPLES
Entitlement to a Clean Environment
4. Every person within the jurisdiction of the County is
entitled to a clean and healthy environment and has the duty to
safe guard and enhances the environment.
Access to Environmental Facilities
5. The entitlement to a clean and healthy environment under
section (3) above includes the access by any person within the
county to the various public elements or segments of the
environment for recreational, educational, health, spiritual, and
cultural purposes.
Application to Court under the Part
6. If a person alleges that the entitlement conferred under
section (3) has been, is being or likely to be contravened in
relation to him, then without prejudice to any other action with
respect to the same matter which is lawfully available, that person
may apply to a subordinate court for redress and the subordinate
court may make such orders, issue such writs or give such direction
as may deem appropriate to-
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The Kajiado County Environmental Management Bill, 2015 25
(a) compel any officer duly appointed by the county to take
measures to prevent or discontinue any act or omission deleterious
to the environment;
(b) prevent, stop or discontinue any act or omission deleterious
to the environment;
(c) require that any ongoing activity to be subjected to an
environment audit in accordance with provisions of this Act;
(d) compel the persons responsible for the environmental
degradation to restore the degraded environment as far as
practicable to its immediate condition prior to the damage;
(e) provide compensation for any victim of pollution and the
cost of beneficial uses lost as a result of an act of pollution and
other losses that are connected with or incidental to the
foregoing.
Application to Court not to Require Locus Stand
7. A person proceeding under the section (5) above shall have
the capacity to bring an action not withstanding that such a person
cannot show that the defendants act or omission has caused or is
likely to cause him any personal loss of injury provided that such
action is not frivolous or vexations or is not an abuse to the
court process.
PART III—OFFENCES AND ENFORCEMENT
Appointment of Environmental Officers
8. The Director, Deputy Director or any other duly appointed
officer by the County shall be the Authorized Officer for the
purpose of this Act.
Duties of Environmental Officers
9. (a) An Authorized Officer shall-
(i) monitor compliance with the environmental standards
established under this Act;
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26 The Kajiado County Environmental Management Bill, 2015
(ii) conduct environmental audits;
(iii) perform such other functions as may be required under this
Act.
(b) an environmental officer may, in the performance of his
duties under this Act, at all reasonable times and without a
warrant—
(i) enter any land, premises, vessel, motor vehicle or ox drawn
trailer and make examination and enquiries whether the provisions
of this Act are being compiled with;
(ii) require the production of, inspect, examine and copy
licenses, registers, records and other documents relating to this
Act or any other law and as may be prescribed, submit such samples
for test and analysis;
(iii) seize any article, vessel, motor vehicle, plant,
equipment, substance or any other thing which he reasonably
believes has been used in the commission of an offence under this
Act;
(iv) order the immediate closure of any manufacturing plant or
other establishment or undertaking which is causing or is likely to
cause in his opinion significant pollution to the environment;
(v) require the owner or operator of such establishment or
undertaking to implement any remedial measures that the
environmental officer may direct;
(vi) issue an improvement notice requiring the owner or operator
of any manufacturing plant, vessel, motor vehicle or other
establishment or undertaking to cease any activities deleterious to
the environment and to take appropriate remedial measures,
including the installation
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The Kajiado County Environmental Management Bill, 2015 27
of new plant and machinery if necessary, within such reasonable
times as the Director may determine;
(vii) with the assistance of a county enforcement officer or a
police officer arrest any person whom he reasonably believes has
committed an offence under this Act;
(viii) install any equipment on any land, premise, vessel or
motor vehicle for purposes of monitoring compliance of this
Act;
(c) any establishment or undertaking closed down under this
section may resume its operations only with the written approval of
the Director.
PART III—OFENCES AND ENFORCEMENT
Power of Entry
10. The Director or any other person generally or specially
authorized in writing by the Director, may at any hour reasonable
for the proper performance of his duty, enter any land or premises
to make any inspection, inquiry, investigation or to perform any
other work or do anything which is required or authorized by this
Act or any other Law to do if such inspection, inquiry,
investigation or work is necessary for or incidental to the
performance of his duties or the exercise of his powers.
Environmental Officers to Prosecute
11. Subject to the existing statues of the land, the Director or
any of its Authorized officers may in any case in which he
considers desirable to do so, institute and undertake criminal
proceedings against any person before a court of competent
jurisdiction.
Discontinue at any stage before judgement is delivered any such
proceedings instituted or undertaken by him.
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28 The Kajiado County Environmental Management Bill, 2015
Records to be Kept
12. The Director shall prescribe thee activities whose records
shall be kept under this Act, the contents of such records and the
manner in which they are kept.
The records kept in accordance with this section and any other
records available at the site of an establishment or undertaking
shall be made available to such reasonable time to any
Environmental Officer for the purpose of an—
(a) environmental audit;
(b) environmental monitoring and evaluation;
(c) pollution control inspection;
(d) any other purpose that may be prescribed by the Director
from time to time.
Penalty
13. Any person guilty of an offence under this part shall upon
conviction is liable to—
(a) in the case of a first offence, to a fine not exceeding
fifty thousand shillings or to an imprisonment for a term not
exceeding four months in default or to both such fine and
imprisonment; -
(b) in the case of a second offence to a fine of not less than
fifty thousand shillings or to term not exceeding six months in
default or both such fine and imprisonment.
Offences Relating to Imprisonment
14. Any person who under this Act—
(a) hinders or obstructs an Environmental Officer in the
exercise of his duties;
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The Kajiado County Environmental Management Bill, 2015 29
(b) fails to comply with the lawful order or requirement made by
an Environmental Officer;
(c) refuses an Environmental Officer entry upon any land or into
any premises, vessel or motor vehicle which he is empowered to
enter;
(d) impersonates an Environmental Officer;
(e) refuses an Environmental Officer access to records, or
documents;
(f) fails to state or wrongly states his name or address to an
Environmental Officer in the cause of his duties;
(g) misleads or gives wrongful information to an Environmental
Officer;
(h) fails neglects or refuses to carry out an improvement order
issued.
commits an offence and shall, on conviction be liable to a fine
not exceeding fifty thousand shillings or in default to
imprisonment for a term not exceeding six months or to both such
fine and imprisonment.
'In the case of a second offence to a fine of not less than
fifty thousand shillings or to a term not exceeding six months in
default or both such fine and imprisonment.
Offences by Bodies Corporate, Partnerships or Employers
15. (a) when an offence against this Act is committed by a body
corporate, the body corporate and every Director or officer of the
body corporate who had knowledge of the commission of the offence
and who did not exercise due diligence, efficiency and economy to
ensure compliance with this Act shall be guilty of an offence;
(b) when an offence is committed under this Act by partnership,
every partner or officer of the partnership who had knowledge of
the commission of the offence and who did not exercise due
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30 The Kajiado County Environmental Management Bill, 2015
diligence, efficiency and economy to ensure compliance with this
Act commits an offence;
(c) a person shall be personally liable for an offence under
this Act, whether committed by him or his own account or as an
agent or servant of another person;
(d) an employer or principal shall be liable for an offence
under this Act, unless the employer or principal proves that the
offence was committed against his express or standing
directions.
Penalty where it is not Expressly Stated
16. Any person who contravenes any section in this part where no
penalty is expressly stated shall be guilty of an offence and upon
conviction be liable to a fine not exceeding two hundred thousand
shillings or to imprisonment not exceeding twenty four months or to
both such fine and imprisonment.
PART IV—PROTECTION AND CONSERVATION OF THE ENVIRONMENT
Prohibited Activities Without
17. No person shall, without prior written approval of the
Director given after an environmental impact assessment, in
relation to a river, lake, wetland within the county's jurisdiction
carry out any of the following activities—
(a) erect, reconstruct, place, alter, extend, remove or demolish
any structure or part of any structure in, or under the river, lake
or wetland;
(b) excavate, drill, tunnel or disturb the river, lake or
wetland;
(c) introduce any animal whether alien or indigenous in a lake,
river or a wetland;
(d) introduce or plant any part of a plant specimen whether
alien, indigenous, dead or alive in any river, lake or wetland;
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The Kai iado County Environmental Management Bill, 2015 31
(e) deposit any substance in a lake, river or a wetland or in,
or under its bed, if that substance would or is likely to have
adverse environmental effects on the river, lake or wetland;
(f) direct or block any river, lake or a wetland from its
natural and normal cause;
(g) drain any lake, river or a wetland.
County to make Guidelines on Hill Top and Mountains 18. The
County shall, in constitution with the relevant stakeholders,
develop, issue and implement regulations, procedures, guidelines
and measures for the sustainable use of hillsides, hilltops,
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.
County to Identify Hilly and Mountainous Areas
19. The County shall identify the hilly and mountainous areas
under its jurisdiction which are at risk from environmental
degradation. Criteria for Determining Environmental Risk to
Hills
20. A hilly or mountainous area is at risk from environmental
degradation if—
(a) it is prone to soil erosion;
(b) landslides have occurred in such an area;
(c) vegetation cover has been removed or is likely to be removed
from the area at a rate faster than its being replaced;
(d) any other land use activity in such an area that is likely
to lead to environmental degradation.
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32 The Kajiado County Environmental Management Bill, 2015
Afforestation and Reforestation
21. The Director shall specify which of the areas identified are
to be targeted for afforestation or reforestation.
Director to Encourage Voluntary Planting of Trees
22. The Director shall take measures through encouraging
voluntary self-help activities in their respective areas to plant
trees or other vegetation in any areas specified within the limits
of the county's jurisdiction.
County to Control Land Within it's Jurisdiction
23. Where the areas specified are subject to lease hold or any
other interest in land including customary tenure, the holder of
that interest shall implement measures required to be implemented
by the county including measures to plant trees and other
vegetation in those areas.
County to Control Land Within it's Jurisdiction
24. The County shall, in consultations with the relevant
stakeholders, issue land control guidelines and prescribe measures
for sustainable use of land within its jurisdiction.
Zoning Areas
25. The guideline issued and measures prescribed by the county
shall be by way of notice and shall include those related to
appropriate land use and zoning in relation to—
(a) industrial development;
(b) commercial use and/or development;
(c) residential houses development;
(d) any other form of development or use.
Prohibition of Development Without Zoning Approval
26. Any firm, person(s) who operate a business in an area that
is not zoned for that particular type of business, shall be guilty
of an offence.
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The Kajiado County Environmental Management Bill, 2015 33
Offences under the Part
27. Any firm, person(s) who develop an area for any other
purpose than what it is zoned for shall be guilty of an
offence.
County to Control Biological Diversity
28. Any person who contravenes any measure prescribed by the
county under this section or fails to comply with a lawful
direction issued by the Director under this section shall be guilty
of an offence.
County to Control Land use within it's Jurisdiction
29. (1) The county shall, in consultation with the relevant
stakeholders prescribe measures necessary to ensure the
conservation. Identify, prepare and maintain the inventory of
biological diversity within the county.
(2) Determine which components of biological diversity are
endangered, rare or threatened with extinction.
(3) Identify threats to biological and diversity measures to
remove or arrest their effects.
(4) Undertake measures intended to integrate the conservation
and sustainable utilization ethics in relation to biological
diversity in existing county activities and activities by private
persons.
(5) Specify county strategies, plans and programs for
conservation and sustainable use of biological diversity.
(6) Measure the nature of unexploited natural resources in terms
of water shed protection, influences on climate, cultural and
aesthetic value as well as actual and potential genetic value
thereof.
Stakeholders to take Part in Conservation and Biological
Resources
30. The County shall, in consultation with the relevant
stakeholders, prescribe measures adequate to ensure the
conservation of biological resources and in this regard guideline
for-
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34 The Kajiado County Environmental Management Bill, 2015
(a) land use methods that are compatible with conservation of
biological diversity of the County;
(b) the selection and management of protected areas shall
promote the conservation of various terrestrial and aquatic
ecosystems under the jurisdiction of the county;
(c) selection and management of buffer zones near protected
areas;
(d) special arrangements for the protection of species,
ecosystems and habitats threatened with extinction;
(e) prohibiting and controlling the introduction of alien
species to natural habitats.
Protection of Species Threatened with Extinction
31. The County shall in consultation with relevant
stakeholders—
(1) Prescribe measures for the conservation of biological
resources exist especially for those species threatened with
extinction.
Issue guidelines for the management of—
(a) germ plasm banks
(b) botanical gardens
(c) zoos or aquarium
(d) animal orphanages
(e) any other facilities deemed necessary by the county.
(2) Ensure that species threatened with extinction which are
conserved ex-situ are introduced into their natural habitats and
ecosystems where:-
(a) the threat to the species has been terminated;
(b) a viable population of the threatened species has been
achieved;
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The Kajiado County Environmental Management Bill, 2015 35
(c) elimination of substances that deplete the stratospheric
ozone layer;
(d) controlling of activities and practices likely to lead to
the degradation of the ozone layer and the stratosphere;
(e) reduction and minimization of nuisances to human health
created by the degradation of the ozone layer and the
atmosphere;
(f) formulate strategies, prepare and evolve programs for
phasing out ozone depleting substances.
County Government to control Sand Harvesting
32. (1) The County Government shall be the competent authority
responsible for the issuancepermits for sand harvesting and
transportation.
(2) No licensing authority established under any other written
law shall issue a trading permit or license for the undertaking of
any activity relating to sand harvesting trade unless the applicant
has produced to the Licensing Authority a permit for sand
harvesting or transportation, issued by the County Government.
(3) The County Government shall designate and document sand
harvesting sites from time to time. Each designated sand harvesting
site will have a management plan for purposes of rehabilitation of
the site.
(4) No person shall harvest sand from any area not designated a
sand harvesting site by the County Government. Loading shall be
done through controlled access points.
(5) No person shall be allowed to transport sand in excess of
the approved tonnage as shall be determined by the County
Government in consultation with other relative agencies.
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36 The Kajiado County Environmental Management Bill, 2015
County Government to Control Production and Transportation of
Charcoal
33. (1) The County Government shall be the competent authority
responsible for the issuance oflicenses for the production and
transportation of charcoal.
(2) No licensing authority established under any other written
law shall issue a trading permit or license for the undertaking of
any activity relating to commercial charcoal trade unless the
applicant has produced to the Licensing Authority a license for
charcoal production or transportation, issued by the County
Government under this Act.
Charcoal Movement Permit
34. No person shall move charcoal or charcoal products from one
place to another unless that person has obtained a movement permit
from the County Government in the prescribed form.
Protection of Endangered and Threatened Plant Species
35. (1) The CECM may from time to time determine endangered,
threatened or protected plant species within the County
Government.
(2) No person shall produce charcoal from endangered, threatened
or protected plant species.
Forest Officer to Carry out Inspection
36. (1) A county forest officer may carry out inspections at the
premises or vessels used for charcoal production, transportation
and trade—
(a) regularly;
(b) when non-compliance is suspect;
(c) when it is required for the purpose of issuing a license or
permit;
(2) A licensee shall produce a license or permit issued under
this part to a forest officer, on demand.
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The Kajiado County Environmental Management Bill, 2015 37
(3) Whenever practicable, a forest officer shall carry out an
inspection without giving prior notice.
General Penalty
37. Any person who contravenes the provisions of this part for
which no specific penalty is provided commits an offence and is
liable to a fine of not less than (KSHS 50,000) fifty thousand
shillings or an imprisonment for a term not exceeding one year or
to both such fine and imprisonment.
Effect of Eviction
38. (1) Not withstanding any other penalty prescribed under this
Part, the County Government may revoke the license or permit of any
person who is convicted of an offence under this Part.
(2) Any person convicted of an offence under this part shall
stand disqualified from holding a license or permit related to the
provisions under which he has been convicted, for a period of one
year from the time of conviction.
(3) The holder of any license or permit which is cancelled
pursuant subsection (1) shall, within fourteen days from the date
of conviction surrender the license or permit to the County.
PART V--CONTROL OF UNDERGROUND POLLUTION
Digging of Pits in Prohibited Areas
39. No person(s) shall dig a pit latrine within the latrines
prohibited areas, unless with expressauthority by the Director. In
granting such authority, the Director shall take all considerable
measures to prevent underground pollution.
Foul Water from Buildings to be Controlled
40. Where any building is without provision of conveying foul
water to a public sewer, the owner of such building shall, on
receipt of a notice from the Director requiring him to do so within
such reasonable time as may be
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38 The Kajiado County Environmental Management Bill, 2015
specified in the notice provide a drain connecting to any foul
water sewer which is within such distances or if it's not practical
to connect to such sewer or empty it into a septic tank or
otherwise as may be directed.
Connection to the Public Sewer
41. Any premises within a distance of not more than a hundred
meters from a public sewer shall be required to connect to all the
sewage and/ or waste water emanating from such premises to the
public sewer, failure to which it shall be an offence.
Incineration for Combustible Waste
42. Any person, firm, hospital or any other facility which
produces combustible waste shall provide an approved incinerator,
failure to which it shall be an offence.
Disposal of Sanitary Towels
43. (1) Sanitary pads or towels shall only be disposed of in
such a sanitary manner as advised or directed by the Director.
(2) Any person who disposes off sanitary pads into a pit or in
any other method not approved by the Director shall be guilty of an
offence.
Licensed Company can Deal with Disposal
44. No person or company shall handle or deal with the disposal
of sanitary towels without express authority or license from the
Director.
All Public Institutions to have Sanitary Bins
45. Any person who operates or allows operation of any premises
used by the public without provision of approved sanitary bins
shall be guilty of an offence.
Definition of a Public Premise
46. Unless otherwise stated, a public premises in the context of
this Act shall but not limited to restaurants, hotels and lodgings,
schools, offices,
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The Kajiado County Environmental Management Bill, 2015 39
hospitals, parks, hostels, factories, supermarkets, petrol
stations and/or any other place frequented by members of the
public.
Sanitary bins to be Approved
47. Any person who places or allows usage of sanitary bins in a
public place or institution which is not of such a design, size and
quality recommended by the Director shall be guilty of an
offence.
Offences
48. Any person who contravenes this Act shall be guilty of an
offence and upon conviction shall be liable to a fine of not less
than fifty thousand shillings or in default to six months
imprisonment or both of such fine and imprisonment.
Penalty where not Expressly
49. Any person who contravenes any section of this part where no
penalty is expressly stated shallbe guilty of an offence and upon
conviction be liable to a fine not exceeding fifty thousand
shillings or to imprisonment not exceeding six months or to both of
such a fine and imprisonment.
PART VI—REFUSE REMOVAL AND DISPOSAL
Private Sector Involvement in Solid Waste Management
50. (1) The County shall allow private sector involvement in
solid waste management on terms and conditions, which the county
shall deem appropriate from time to time.
(2) Any person, firm or group licensed to carry out garbage
collection and transportation, or disposal of any waste and which
flouts any clause or clauses of part thereof of solid waste
management agreement or policy guidelines in private sector
involvement in solid waste management shall be guilty of an
offence.
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40 The Kajiado County Environmental Management Bill, 2015
(3) Any person or firm who collects garbage outside the
authorized zone shall be guilty of an offence. The county may
review the boundaries of garbage collection zones from time to time
as it may deem fit.
51.Any person who operates or engages in waste disposal, waste
treatment, waste recycling, waste sorting, waste transportation or
any other waste handling activity without a license or written
authority or approval issued by county shall be guilty of an
offence.
52. (1) Every person whose activities generate waste shall
employ measures essential to minimize waste generation, treatment,
reclamation or recycling.
(2) Every person, firm, institution, factory, commercial
enterprise that engages in activity that generates waste shall if
so directed by the Director, separate or cause to be separated
various types of wastes and shall ensure collection or disposal of
the different wastes separated takes place as per the Director's
direction. Failure to fulfill all or any part of the Director's
requirement shall be an offence.
Penalty
53. Any person or firm which flouts on such term(s) or
condition(s) shall be guilty of an offence and upon conviction
shall be liable to a fine not exceeding one hundred thousand
shillings or in default to an imprisonment not exceeding twelve
months or to both such fine and imprisonment.
Application for Waste Disposal Licence
54. Any person intending to collect, transport, sort, separate,
salvage, reuse, and recycle waste or any other waste handling or
treatment activity within the jurisdiction of the county shall
prior to commencement of any of the aforementioned activity apply
to the county in writing for consideration of grant of an
appropriate license or a written authority from the Director.
55. Where the county rejects an application made under this
section, it shall within twenty one days of its decision, notify
the applicant of the decision specifying the reasons.
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The Kajiado County Environmental Management Bill, 2015 41
Orders to cease operation
56.The county may order any person to immediately stop the
generation, handling, operation, transportation, storage or
disposal of any wastes whose such generation, handling,
transportation, storage or disposal presents an imminent and
substantial danger to public health or to the environment or
natural resources.
Cancellation of Waste Handling Licence
57. The county shall without prior notice withdraw a waste
handling license or authority where such license or authority
holder fails to comply with the whole or part of the licensing
condition(s)
Hiring of Refuse Receptacles
58. (1) The county may hire out to the owner or occupier of any
premises within the county, approved refuse receptacle at such
charges as the county may be resolution from time to time
determine.
(2) Any person(s) or firm(s) whose refuse receptacle including
bulk containers is being serviced by the county shall be required
to produce proof to the effect that such refuse receptacle or
container is serviced by the council. Such proof shall include, but
not limited to a payment receipt from the county for such
services.
Application of Refuse Receptacle Hire
59. Every such owner or occupier shall pay for the refuse
receptacle so hired, an application fee and deposit, the amount
which county may be resolution determine from time to time.
Mode of Collecting the Fees
60. Any such charges shall be due on the last day of each month
and shall be collected wither together with conservancy charge or
separately in respect of the premises for which it has been
provided.
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42 The Kajiado County Environmental Management Bill, 2015
Provision of Dust Bin
61. The Director or any other authorized person may issue notice
requiring the owner, or occupier of any premises within the county
to provide such number of refuse receptacles and of specific type
as he reasonably thinks are necessary for the reception of domestic
or trade refuse
Dust Bin Specification
62. Every such dustbin shall be of size and pattern approved by
the county and shall be—
(a) of not greater capacity than 39 cubic ft. or 1.1m 2 and not
less than 21/2 cubic ft. or 0.7m 3 ;
(b) provided with sustainable handles;
(c) provided with a closed water and fly proof lid;
(d) or any other refuse container of the type ad pattern
approved by the County.
Dustbin to be Condition for Licensing
63. Provision of required number of refuse receptacle shall be a
condition to be fulfilled for thepurpose of granting of licenses to
public buildings and premises and occupation permits to residential
and commercial buildings.
64. Every person who disposes off refuse in the county's tipping
site or transfer station shall be required to show proof of
disposal fee payment or authority before disposal is allowed,
failure to which it shall be an offence.
Destruction of a County Receptacle
65. Any person who will fully or by reasons of neglect or
carelessness makes away with, destroys or damages beyond fair wear
and tear any receptacle or any part thereof, the property of the
county, shall be guilty of an offence and in addition to any
penalty that may be imposed by court shall pay to the County cost
of replacement or repair of such dustbin.
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The Kajiado County Environmental Management Bill, 2015 43
Storage of Domestic Refuse
66. Every owner or occupier of any premises on which refuse
receptacles is required to be provided and maintained in accordance
with this Act shall cause all domestic refuse from his or her
premises to be placed in such dustbin and not elsewhere.
Refuse Receptacle Site
67. (1) Every such owner or occupier shall cause all refuse bins
upon his premises to be placed and kept in an approved place upon
his premises or elsewhere as directed by the Director of
environment so as to be accessible to the county refuse removal
staff or any other person specially appointed for the purpose of
removal.
(2) Every owner or driver or conductor of public service vehicle
shall ensure that there is conspicuously fixed litter receptacle in
their vehicles.
Refuse Receptacle to be Covered
68. Every such owner or occupier of any premises shall cause all
refuse upon his or her premises to be kept in covered receptacles
so as to prevent any escape of the contents thereof or any soakage
there from into the ground, save when refuse is being deposited
therein or discharged therefrom.
Dumping of Refuse Outside Receptacle an Offence
69. Any person who places, or causes or permits to be placed any
refuse anywhere except in a refuse receptacle shall be guilty of an
offence.
Vehicle Transporting
70. Every owner or driver of every vehicle, pushcart or any
other facility used for transporting sand, soil, stone, gravel,
solid waste or any other material likely to be blown by wind or
dropped while being transported shall provide and maintain cover
material enough to contain any possibility of the material being
dropped or blown and deposited upon any street, road, highway or
other public or open space.
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44 The Kajiado County Environmental Management Bill, 2015
Depositing Fire or Liquid
71. Any person who deposits it causes or permits to be deposited
in any unextinguished ashes, or any other materials in a state
which is likely to cause fire, or any liquid which may in any way
endanger life or property shall be guilty of an offence.
Condition of Refuse Receptacle Within the Premises
72. Every owner or occupier of any premises shall cause all
refuse receptacles upon his premises to be kept reasonably clean
and maintained in good condition.
Receptacle for Carrying Offensive Matter to be Covered
73. Any owner of any receptacle or vehicle used for the removal
or carriage of offensive or noxious, shall ensure that it is
constructed or covered in such away so as to prevent the escape
Every Person to Ensure Safe Refuse Disposal
74. It shall be the duty of every tenant and/or landlord to
ensure a safe and sanitary disposal othis or her refuse and show
proof of disposal thereof, failure to which it shall be an
offence.
Proof of Disposal of Refuse
75. (1) It shall be sufficient proof of safe disposal of refuse
if authenticated payment receipt from a licensed private garbage
collector, in case of domestic refuse or a conservancy certificate
issued by the county in case of trade or commercial refuse is
produced;
(2) Every occupier, tenant, agent or owner shall cause to be
separated any class of waste or all wastes as may be directed by
the Director and such wastes shall be placed or stored in separate
receptacles until collected or otherwise disposed of in an approved
manner.
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The Kajiado County Environmental Management Bill, 2015 45
Penalty
76. Failure to dispose of refuse in a safe or sanitary manner
shall be an offence and upon conviction be liable to a fine of not
less than twenty thousand shillings or an imprisonment of a term
not exceeding three months or both such fine and imprisonment.
77. Every owner or occupier of any dwelling or any premises
shall show proof, if required to do so by the Director of safe
disposal of refuse from his dwelling premises.
Failure to Produce Proof on Demand is an Offence
78. Any owner or occupier of any premises receiving
garbage/waste collection services shall pay or ensure payment to
county or the private firm, or group that may have rendered service
on monthly basis the approved garbage/ waste collection fee.
Failure to pay or ensure payment of the prescribed garbage waste
collection fees shall be an offence.
Obstructing Access to Refuse Site
79. Any person who erects or causes or permits the erection of
any structure or otherwise obstructs an already provided access for
the purposes of refuse removal from any premises shall be guilty of
an offence.
County to Control Disposal Site
80. (1) The county may undertake the disposal of refuse either
by controlled tipping, burying, recycling, dumping, incineration or
refuse disposal return to the manufacturer, depending on the
quality and quantity of refuse and facilities available.
(2) No animal shall be allowed in the dumping site and any
animal found thereof shall be dealt with in a manner that the
Director shall decide. Such animals, may if deemed necessary be
subjected to shooting or humane killing.
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46 The Kajiado County Environmental Management Bill, 2015
81. The county shall levy conservancy fees to all residents with
its jurisdiction. Such fee shall be payable on monthly basis or as
the county may decide from time to time.
82. (1) Conservancy fee may be charged along with the business
permits or water bills or through any other mode decided by the
county from time to time;
(2) The county shall levy inspection fee on every private
company licensed to handle or deal with refuse in whatever way.
Indiscriminate Refuse Disposal
83. (1) Any person who dumps, causes or allows indiscriminate
disposal of refuse in any premisesland or any other place not
approved for such disposal shall be guilty of an offence.
(2) Any person who discharges or allows to be discharged from
any premises, residential or commercial waste water to a public
street, gutter or side channel or any area thereof not approved for
the reception of such discharge shall be guilty of an offence.
No Entry to County Disposal Site Without Permission
84. (1) Any person who enters, uses or causes to be used allows
use or entry to the county refuse disposal ground without written
permission from the Director shall be guilty of an offence.
(2) Any person who dumps refuse, waste or any other material I
the county's refuse disposal ground after 5pm and/or before 8am on
weekdays or dumps refuse on weekends or public holiday without
authority from the Director shall be guilty of an offence.
(3) Any person who enters a county refuse disposal ground for
purpose of refuse disposal or any other authorized purpose and who
fails to comply with general or specific instructions issued by the
Director or any person duly authorized to give such instructions or
refuse disposal attendant shall be guilty of an offence.
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Duty of the County to Remove Dead Animals
85.The county may undertake the removal of dead pets from
premises or streets after being notified by the owner or occupier
of the premises in which the animal died at a prescribed fee.
Disposal of Dead Animals Without Permission Prohibited
86. Any person, who disposes or causes to be used, allows
disposal of any dead animal without prior notification to the
county's and subsequent permission and guidance shall be guilty of
an offence. Placing a Dead Animal in a Refuse Receptacle is an
Offence
87. Any person who places, causes or permits to be placed in any
refuse receptacles any dead animals or fecal matter or manure or
any other matter which is not meant to be placed in suchreceptacle
shall be guilty of an offence.
An Offence to Fail to Notify the County of a Dead Animal 88. Any
owner or occupier of any premises within which has a dead
animal and fails to notify the county of such presence of a dead
animal shall be guilty of an offence.
89. (1) Any person who places, causes or permits to be placed in
any refuse receptacle any waste substance or matter which in the
opinion of the Director has been exposed to infection or is
contaminated or is infectious or which in any way hazardous in
nature shall be guilty of an offence;
(2) Any owner or occupier of any premises where waste is
generated and where such premises fall under an area having waste
collection service by either county or private firm, or group shall
register or ensure that his or her tenants register for garbage or
waste collection by the county or the respective private firm or
group. Failure to register, ensure registration of tenants or
giving misleading information shall lead to an offence.
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48 The Kajiado County Environmental Management Bill, 2015
Penalty if not Expressly Stated
90. Any person guilty of contravening the provisions of this
part if not expressly stated shall be guilty of an offence and upon
conviction to a fine not exceeding two hundred thousand shillings
or in default to an imprisonment for a term not exceeding twenty
four months or to both such fine and imprisonment.
PART VII—STREET CLEANSING
Cuuniy's Responsibility to Cleanse streets
91. The county shall undertake or contract out cleansing
services in its area of jurisdiction as it may decide from time to
time.
Owner of Paved Areas
92. (1) It shall be the duty of every owner or occupier or agent
of a occupier to house, trade premise or any other development to
clean or cause to be cleaned and to remove all wastes and maintain
cleanliness of the frontage of his house, trade premise or any
other development to the satisfaction of Director provided that the
duty of the owner or occupier or agent shall not include cleaning
of the main road, open space or public plot.
93. Any owner or occupier of any premises who fails to clean or
cause to be cleansed any paved area in connection to his premises
shall be guilty of an offence.
County to Provide Street Litter Bins
94.The county shall provide litter baskets or bins for'the
disposal of litter in the streets and publicplaces.
Indiscriminate Litter Disposal Prohibited
95. Any person who throws or causes litter to be thrown in the
street or public places or depositsor otherwise disposes off
littering any place other than the litter bins or baskets provided
shall be guilty of an offence.
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The Kajiado County Environmental Management Bill, 2015 49
Direct Arrest of those Found Littering
96. Any person found throwing or having thrown or causing litter
found to be thrown in streets or any public place shall be
immediately arrested and dealt with in accordance with the
provisions of this Act.
Indiscriminate Pasting of Posters Prohibited
97. Any person or firm or society or organization, religious or
otherwise shall ensure that their posters handbills or
advertisement materials are pasted or displayed only in authorized
surfaces, areas or places, failure to which it shall constitute to
an offence.
98. Any person or firm or society or organization, religious or
otherwise which pastes or allows or causes to be pasted a poster,
handbill or an advertisement material on a litter bin, dustbin or
any other unauthorized surface or place shall be guilty of an
offence.
Penalty
99. Any person guilty of an offence under this part shall be
liable on conviction to a fine not exceeding ten thousand shillings
or in default to an imprisonment for a term not exceeding three
month or both such fine and imprisonment.
PART VIII—TOXIC AND HAZARDOUS SUBSTANCE DISPOSAL
Environmental ImpactAssessment
100. (1) (a) environmental Impact Assessment (EIA) in relation
to proposed and new action oractions means the discrete and
systematic study of-
(i) the impact of proposed action may have on both the natural
and human environment;
(ii) the alternatives of the proposed action;
(iii) the strategies to mitigate the negative impacts.
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50 The Kajiado County Environmental Management Bill, 2015
(b) an EIA of a proposed action therefore shall contain studies
on how this action will affect the people, animals, bird,
micro-organisms, aquatic life and any other living organisms,
atmosphere water resources, landscapes, soils, vegetation,
buildings and any other form of life, structure of development
within a given natural environment.
(2) (a) environment Audit Report (EAR) in relation to existing
action means the discrete and systematic study of-
(i) the impact of the existing action or actions that has or
have on both the natural and human environment;
(ii) the alternatives of the proposed actions;
(iii) the strategies to mitigate the negative impacts.
(b) an Ear of a proposed action therefore shall contain studies
on how this action will affect the people, animals, birds,
micro-organisms, aquatic life and any other living organisms,
atmosphere, water resources, landscapes, soils, vegetation,
building and any other form of life, structure or development
within a given nature of environment.
Waste Disposal
101. (1) It shall be the duty of the county to ensure that the
arrangements made by the producer or the disposal of toxic and
hazardous waste are adequate for the purpose of disposing off all
such waste produced within its jurisdiction.
Designated Waste Area (2) All the toxic, hazardous and clinical
wastes shall be disposed of in a
designated area. A designated area in respect of this Act shall
be an area set aside by the county for the disposal of such waste
and may include a high temperature incinerator.
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The Kajiado County Environmental Management Bill, 2015 51
Incinerators to be Provided 102. Any person, firm, hospital or
any other facility which produce
combustible waste shall have an approved incinerator, failure to
which it shall be an offence.
Preparation and Transport of Waste 103.It shall be the duty of
the County Executive Committee Member—
(a) to carry out an investigation with a view to deciding what
arrangements are needed for the purpose of disposing toxic and
hazardous waste which is situated in its area;
(b) to decide what arrangements are for that purpose and for
that reason apply appropriate and suitable disposal method which
may be-
(i) disposal on land; (ii) disposal by incineration;
(iii) or if (i) and (ii) above are not applicable, the toxic and
hazardous waste to be appropriately packed and labeled "toxic and
hazardous waste" and be returned to the country or county of origin
as the case may be of the raw materials from which such waste has
resulted;
(iv) provision of an incineration in the case of institutions
producing clinical wastes.
(c) prepare a statement of the arrangements made or proposed to
be made by the authority and other person for disposing off such
waste during a period specified in the statement.
(d) to estimate costs of the methods of disposal and the same by
the authority and other person for disposing off such waste during
a period specified in the statement.
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52 The Kajiado County Environmental Management Bill, 2015
Unlicensed Disposal of Waste Prohibited
104. Except in prescribed cases, no person shall—
(a) deposit toxic and/or hazardous waste on any land and cause
or knowingly permit toxic and hazardous waste to be deposited in
any land, street, premises, drain, sewer or disposal site;
(b) use any plant, equipment or cause or knowingly, permit any
plant or equipment to be used for the purpose of disposing off
toxic and/or hazardous waste or of dealing in a prescribed manner
with toxic waste, which forms the site of the plant or equipment is
occupied by the holder of a license issued in pursuance to this by
Act which authorizes the deposit or use of land in question for the
deposit or use in accordance with the conditions, if any, specified
in the license;
(c) every occupier and every owner of premises where bulk waste,
industrial waste, hospital waste or any hazardous waste is
generated shall manage, contain and ensure that all such bulk,
industrial, hospital or hazardous waste is disposed of in safe and
sound conditions to the satisfaction of the Director or as may be
directed by CECM from time to time.
Proof of Safe Disposal
105. (1) Any person, hospital, medical clinic, chemist, agro vet
veterinary clinic or any other person or firm or facility producing
or handling clinical waste, expired drugs and/or chemical shall be
required to show acceptable proof of safe disposal of such
products, failure to which it shall be an offence.
(2) An acceptable safe disposal of clinical waste shall include,
but not limited to approved incineration, collection and
transportation by a person or company specifically licensed to
handle clinical or toxic and hazardous waste or any other disposal
method which, in the opinion of the Director is safe and
environmentally acceptable.
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The Kajiado County Environmental Management Bill, 2015 53
License to Dispose of Toxic Hazardous Waste
106. (1) An application for a disposal license in respect of any
land in the area of a disposalauthority must be made in writing to
the CECM and include such information as is prescribed (See
schedule A & B).
(2) A disposal license shall not be issued for a use of land,
plant or equipment for which planning approval is required in
pursuance of the Physical Planning Act 1996 unless such approval is
in force, but provision may be made by regulation for an
application for a disposal license to be considered while an
application for any proceedings connected with either application
to be conducted concurrently with any proceedings connected with
the other application.
(3) Where the CECM receives an application for a disposal
license for use of land, plant, equipment or which such planning
approval aforesaid is in force, it shall be the duty of the CECM
not to reject the application, unless he is satisfied that its
rejection is necessary for the purpose of preventing pollution or
danger to public health.
(4) Where the CECM proposes to issue a disposal license, it
shall be his duty before he does so—
(a) to refer the proposal to the water authority and any
collection authority of which the area includes any of the relevant
land and to any other prescribed person;
(b) to consider any representations about the proposal which,
during the period of twenty one days beginning with that on which
the proposal is received by a body or person agree in, the CECM
received from that body or person (including in particular any
representations about the conditions which that body or person
considers should be specified in the license) and if a water
authority or any other authority to which the proposal is referred
requests the CECM not to issue the license or disagrees with any of
the conditions specified in the license
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54 The Kajiado County Environmental Management Bill, 2015
either of them may refer the matter to the County Executive
Committee Development and the license shall now be issued in
accordance with their decision.
Provision may be made as to the conditions which are not to be
specified in a disposal license.
A person who in an application for a disposal license makes any
statement which he knows to be false in a particular material shall
be guilty of an offence and liable on summary conviction to a fine
not exceeding fifty thousand shillings or an indictment to
imprisonment for a term not exceeding two years or to both such
fine and imprisonment.
107. (1) Subject to the provisions made in this part, a disposal
license may include such conditions as the CECM may deem fit to
specify in the license and without prejudice to the generality of
this section and such conditions may relate to.
Conditions for license—
(a) the duration of the license;
(b) the supervision by the holder of the license of activities
to which the license relates;
(c) the kinds and quantities of waste which may be dealt with in
pursuance of the license or which may be so dealt with during a
specified period the methods of dealing with them and the recording
of information relating to them;
(d) the precautions to be taken on any land or plan or equipment
to which license relates;
(e) the steps to be taken with view to facilitate compliance
with any conditions of such planning permissions as is mentioned in
sub section (2) of the proceeding section;
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The Kajiado County Environmental Management Bill, 2013 55
(0 the hours during which toxic and hazardous wastes may be
dealt with pursuance to the license;
(g) the works to be carried out, in connection with the land,
plant or equipment to which the license relates, before the
activities authorized by the license are began or while they are
continuing and that a condition may require the carrying out of
works or the doing of any other act which the authority considers
appropriate in connection with the license not withstanding that
the license holder is not entitled as a right to carry out the
works or the act.
Penalties (2) The holder of a disposal license who without
reasonable excuse
contravenes a condition of the license which in pursuance