The Kericho County Environment Management Act, no. 2 of 2021

SPECIAL ISSUE Kenya Gazette Supplement No 2 (Kencho County Acts No 2) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT KERICHO COUNTY ACTS, 2021 NAIROBI, 20th January, 2021 CONTENT Act— Page The Kencho County Environment Management Act, 2021 1 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER NAIROBI THE KERICHO COUNTY ENVIRONMENT MANAGEMENT ACT, 2021 No 2 of2021 Date of Assent 19th January, 2021 Date of Commencement See Section 1 ARRANGEMENT OF SECTIONS Section PART I— PRELIMINARY 1—Short title and commencement 2—Interpretation 3—Objectives 4—^Application of the Act PART II —ADMINISTRATIVE PROVISIONS 5—Establishment of the Directorate 6—^Functions ot the Directorate 7—County, Sub-County, Ward Environment committees 8—^Record keeping 9—^Entitlement to clean and healthy enviromnent 10—Court Redress 11—Issue of licenses PART III—WASTE MANAGEMENT 12—^Establishment of an integrated county waste management plan and stiategy 13—Duty to manage waste 14—^Material recovery 15—Categorization and handling of wastes 16—Prohibition against dangerous handling and disposal of waste 17—Charges for waste management 18—License to tianspoit waste 19—Piivate and Public involvement in waste management 20—^Zoning 2 ^ XewAo County Environment Management 2021 21 Application for waste handling license 22 Cancellation of waste handling license 23—Duty to ensure safe refuse removal and disposal 24—Prohibition against littering 25—Obstruction of access for refuse removal 26—^Provision of refuse receptacles 27—^Approval of refuse receptacles), 28—^Junk waste disposal 29—^Refuse receptacle site 30 County to provide street cleaning services 31—Owner or occupier to clean paved areas 32—County to provide street litter bins 33 ^Indiscriminate pasting of posters prohibited 34—Offences PART IV—CONTROL OF AIR POLLUTION 35—^Abatement of air pollution 36—^Permitted operations —Causing air pollution contrary to license an offence 38 ^Directorate to liaise with lead agencies 39 Directorate to order inspection 40 ^Powers to refuse to grant or renew licenses and to cancel licenses 4-1 ^Responsibility ofownei oi operator 42—Smoking m public places " ^ 43—Smoking in public vessels "^4—Display of signs m non-smoking areas 45—Owner to ensure no smoking 46—Public awareness campaigns PART V—ENVIRONMENTAL CONSERVATION AND PROTECTION 46 Piotection and conservation of rivers and wetlands 47 Protection of hilltops and riparian from degiadation 3 2021 Kericho County Environment Management No 2 PART VI—MANAGEMENT OF PARKS AND OPENS SPACES 48—Greening and beautification in urban areas 49—^Permission to prune, cut trees, flowers or shrubs 50—^Vegetation management 51—^Use of Public Park or open space 52—Destruction of trees, flowers in Public Park, streets 53—Permission for photography in the parks and open spaces 54—Certificate to operate a tree nursery 55—Penalty PART VII—NOISE POLLUTION CONTROL 56—^Regulation of noise 57—Special places 58—^Application for license 59—License fees PART VIII —NUISANCES 60—Nuisance and impounding of animals 61—^Protected area 62—Offences on nuisances PART IX—OUTDOOR ADVERTISING 63—^Illegal outdoor advertisement 64—^Application for advertising 65—Offences on outdoor advertising 66—^Directorate may prescribe rules PART X—ENFORCEMENT 67—Authorized officers 68—Duties of authorized officers 69—Powers of authorized officers 70—Restriction to enter dwelling place 71—Obstiuction of authorized officers 72—Service of Notices 4 No 2 Kencho County Environment Management 2021 PART XI—MISCELLANEOUS PROVISIONS 73—Offence by body corporate, partnerships, etc 74—Regulations 75—County Technical Environmental committee 76—^Transitional provision 77—Requirement for EIA /EA Undertaking 78—General Penalty 79—Rules FIRST SCHEDULE SECOND SCHEDULE 5 2021 Kericho County Environment Management No 2 THE KERICHO COUNTY ENVIRONMENT MANAGEMENT ACT, 2021 AN ACT of the County Assembly of Kencho to provide for the management of the environment including, control of air pollution, noise pollution, waste management, and general nuisances in order to promote a clean, safe and healthy environment and to provide for matters mcidental thereto ENACTED by the County of Assembly of Kencho, as follows— PART I—PRELIMINARY Short Title 1 This Act may be cited as the Kencho County Environment Management Act, 2021 and shall come into operation on the date of publication in the Gazette Interpretation 2 In this Act— "Act" means Kericho County Environmental Management Act, 2021 "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 pollution" means any change m the composition of air caused by air pollutants, "air pollutant means any— (a) fume, smoke, particulate matter, vapour, gas, odorous substance or any combination thereof, or (b) any other substance or' matter whether physical, chemical, biological, or radioactive, including source material, special nucleai material and bypioduct matenals, which is emitted into or otherwise enters the atmosphere from any object or activity and causes, or, if unabated, may cause air pollution but does not include water vapour, steam condensate or any other emission exempted under this Act, "Approved" or prescribed" means respectively approved or prescribed by the county or appointed officers by the regulations under the Enviionmental Act as the case may be "Authority' means the National Environment Management Authority as established under section 7 of the Environment Management and Co ordination Act 6 No 2 Kencho County Environment Management 2021 "authorized officer" means an authorized officer within the meaning of section 67 of this Act, "beneficial use" "means a use of environment or any element or segment of the enviromnent that is conducive to public health, welfare or safety and which requires the Kencho County Environment Management Act, 2020 protection from the effects of waste, discharges, emissions and deposit, "biomedical or chmcal waste" means all waste arising from medical, nursing, dental, veterinary, pharmaceutical or similar practice, which by nature of its toxic, infectious or dangerous content and includes human or animal tissue excretions, drugs and medical products, swabs, dressings and instruments or similar substances, "Building" means any structure movable or fixed, of whatsoever kind, or any part thereof and included drainage work and excavation "Board" means the County Public Service Board of Kencho, "Carrier" means the person carrying toxic and hazardous waste including the named vehicle registration number as shown m Schedule C of the consignment note referred to as carrier's certificate "Clmical 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 safe and inoffensive Such waste includes human oi animal tissue or excretion, drugs and medical products, swabs and dressings, instruments or similar substances and materials "Collection authority" means the County, or any othei authoritj^ organization, private Company, or individual issued "With a disposal license by the county to collect and dispose of any waste "Constitution' means the Constitution of Kenya, 2010, 'County" Means Kencho County, "Coimty Government" means County Government of Kencho, "County Assembly" means a county assembly established under Article 176 of the Constitution, "County Environment Committee" means a Committee established m accordance with Article of EMCA, 2015 "Directorate" means Directorate responsible for environment management affairs m the county established under section 5 of this Act, 7 2021 Kericho County Environment Management No 2 "disposal site" means County government's designated solid waste disposal site, "Domestic waste" means garbage, and all other forms of non-liquid refuse produced from domestic buildings, but do not include refuse from the gardens, or manure or other waste generated from processes of rearing animals, "Dustbin" means a movable covered receptacle for the reception and storage of refuse and made of material and of such size and construction as specified m these by-laws, "Garden refuse" means the refuse from the garden lawns, flower beds including grass, plants and cuttings of the hedge trees and manure, "Disposer" means the person disposing of the waste referred to in schedule of the consignment note, "Environment" means the physiological, chemical and biological conditions of the region, m which organism's lives and includes land, air and water, "Environmental Impact Assessment (EIA)" m relation to proposed and new action or actions means the discrete and systematic study of— (a) the impact of a proposed action may have both the natural and human environment, (b) the alternative of the proposed action, (c) the strategies to mitigate the negative impacts. An Environmental Impact Assessment (EIA) of a proposed action therefore shall contain studies on how this actions will affect the people, animals, birds, micro-organism, aquatiq Jife aiid aiiy othm living organisms, atmosphere, water resources, landscapes, soils, vegetation, buildings and any other form of life, structure of development within a given natural environment, "Environment Audit Report (EAI)" in relation to existing action means the discrete and systematic study of— (a) the impact of the existing action or actions that ha both or have both the natural' and human environment, (b) the alternatives of the proposed action, (c) the strategies to mitigate the negative impacts. An EIA of a proposed action therefore shall contain studies on how this action will affect the people, animals, water resources, landscapes. 8 No 2 Kencho County Environment Management 2021 soils, vegetation, building or any other form of life, structure or development within a given nature environment, 'Executive Committee member" means the County Executive Committee member responsible for matters relating to the environment, 'e-waste" means electronic products that have become unwanted, non-wanting or obsolete, "Govemor" means a County governor elected m accordance with ArticlelSO of the Constitution, 'industrial waste" means waste generated by businesses from an industrial or manufacturing process, "Injurious pollution" m relation to stream, lake or any inland waters means pollution injurious to the fauna or such body or water, "Interpretation of smoking" smoke or smoking means the act of smoking tobacco, includmg a cigarette, cigar or pipe as evidences by the giving off of tobacco ant the carrying of lighted cigar, pipe or other lighted smoking equipment, "Land" includes any right over or m respect to immovable property, "mter-generational equity" means that all people within the present generation have the right to benefit equally from the exploitation of the environment, and that they have an equal entitlement to a clean and healthy environment, "magistrate" means Magistrate as entailed m the meaning of Magistrates Court Act, 2015, "Franchise system" means a method of distributing products or services involving a franchisor, who establishes,the brand's trademark or trade name and a business system, and a franchisee, who pays a royalty and often an initial fee for the right to do business under the franchisor's name and system, "Noise" means any undesirable sound that is intrinsically objectionable or that may cause adverse effects on human health or the environment "Junk waste" means items such as fiimiture, appliances, and other bulky material, "Noise pollution" means the emission of uncontrolled noise that is likely to cause danger to human health or damage to the environment. f2^21 KepchoComtY^Eny^trQnment Management ^No 2 j ̂ "oj^ner" a^jregards^imjtiM^yable }3r,operty,jincludes^an)^ persoiij other "^tnan the County Government, recCiiyt^g rents or^ pijofit^ oj^^any lands or premises from any tenant or occupier thereof,!^ 1 - 2 S ̂ G j j t I j ^ ' f ^ U V "Vibration" means an oscillatory motion of solid bodies i of deterministic or random nature described by displacement, velocity or dfcceletation'withtresp^cttbagivenreference^pomt; '' V 1 ) ' V > i 'i ? , "excessive vibration" means the presence of vibration which— J<j1 ■» ''UirLi . ' I ,i -.'j t 1 .u'- I Vi T >j!' K i ' 't ^ ( WlPf such,inten^i^,^duration, frequency,or i:hM^cter as to annoy, ,phY^lofe(;al,e^ personal or real property, and (fiS 0^x5"' ''t r 2 ij ' ' tft.-Sil "9i , U 7 n <, 5, ppypj>A,^y mij?'®' HO ivHos 3§,metfrs>in any^pov^§,sourc,e, , „ , j, „ c« i •^'OcDnpier'AlfincliiidesLany peri^on fin actual occupatiorn'of^dand lor '•premisesVwithoutf regard td'thel title under which'he occupies ahdancase of premises sub-divided and let to lodger or payable by'^i'odge^s'orj tenants fvyh^thfii gn o^wn ^cp^opnt or as^^it agpt|or a^y persopjenthl^d, thereto oriterestfdl^erem., ^ r.Hs, Jo/ ^ -,.0. . ,, .f t > "Ownef'^'aseregards 'immbvable»property,CiinGludes' apy person,'"other ithanoth&^Cdunty, receivingothe rents'or profitso.of> anyslands or premises ■'fromianyj tenantmP'OGcupierttheredf orlwhb!'w;ould-receive.suGh'.rents or "profits'if^sueh orpremises were Jet whether)onuhis owh'aGCourit'on ds an (agent for anyperson^ other itham the County fori iany'superintendent, overseer or manager of sueh lessee or kCense residing on'the holding,) .1 ' < «'u S'PrCsumption" Where'smoke'asigivenjoff fromfeigarettey cigar, pipe or other lighted smoking equipment, atshall be^an the absenbe^bf evidence to the contrary, presumed thatthe substance heing^smokedis"tobaccQ,( -f I ~iO '•'i' h > ! 'i ,1 X,i ' e > 0'' jt if Public places"-means—("f > /i") q tn > i > iJ t< j ih 1 i ' V t ' (a) IS a building or portion of a building used or intended to be used f by the public;/whether free. of charge or'for a free ciyic ,or / "i'4 'political, tiavel', religious,!' social educational, commercial, entertainment, recreational or like purposes, ordinarily 'or ( pccasionaUy as a public place of ̂ worship or a hospital, college, school, theatre, public hall or as a public assembly,1 \(j 1 f ' ' u I ^ I ( '( ^ ! i n m (b) the lobby,) kall-vvays' or stairways^ of an institution or 'office , > > bpilding,^ ^ ^ , !j/(c) ashoppingfcenter'or'shoppingmalh ■ > 10 No 2 Kericho County Environment Management 2021 (d) a food court used or intended to be used by the public, in any building, and a retail or wholesale store, "pollutant" includes any substance whether liquid, solid or gaseous which — (a) may directly or indirectly alter the quality of any element of the receiving environment, (b) IS hazardous or potentially hazardous to human health or the environment, and includes objectionable odours, radio-activity, noise, temperature change or physical, chemical or biological change to any segment or element of the enviromnent, 11 "polluter-pays principle" means that the cost of cleaning up any element of the 'environment damaged by pollution, compepsatmg victims of pollution, cost of beneficial uses lost as a resul^ of an, act of pollution and other costs that are connected with or incidental fo the foregoing, is to be paid or borne by the person convicted of pollution under this Act or any otlipr applicable la\y, "pollution" means any direct or indirect alteration of tji? phystcal, therm^, c|iemical, biplpgjcal or racjio-apttve prpperttes pf any part pptroniftpnt 'jjy dispharging, emittjfig, or f|eppsit}ng '^asjes 50 h to affept any beneffci^t pse advpfsely, to cajise a cpndit}pn ̂ hicfi i§ Pf potentially hazardous tp pubfic fiealtlt, safely or >yelfare, or to apitpal?, birds, wildlife, fish or aqpatic fife, or to plants or tp pause contfaventtpn o^ any condition, liinitation, pr restriction which is sp|3jpct to a hcepcp pni^pr this is act or any othef appjicable law, "project" includes any project, programme or policy that leads to projects which may have an impact on the environment, 'Project report" means" a summary statement of the likely environmental effect of a proposed development referred to m section 58 of EMC A, 1999, "proponent" means a person proposing or executing a project, programme or an undertaking specified m the Second Schedule ot EMCA 1999, "smokmg" means inhaling or exhaling the smoke of any tobacco product and includes the holding of, or control over any ignited tobacco product or device containing an ignited tobacco product, 'special area" means an area declaied by the county to be a special area under section 57 of this Act, with regard to legulation of noise levels. 11 2021 Kericho County Environment Management No 2 "vehicle" means any device driven by mechanical, power on land or water, and includes any craft or aircraft, but does not include a wheeled chair used solely for the conveyance of a child or invalid, "urban area" means an area designated as such under the Urban Areas and Cities Act (No 13 of 2011) as contemplated in Article 184 of the Constitution, "water" includes drinking water, river, stream, water-couise, reservoir, well, dam, canal, channel, lake, swamp, open dram, or underground water, "wetland' means areas permanently or seasonally flooded by water where plants and animals have become adapted, "waste" includes any matter prescribed to be waste and any matter, whethei liquid, solid, gaseous, or radioactive, which is discharged, emitted, or deposited in the environment m such volume composition or manner likely to cause an alteration of the environment, "Waste disposal Authority" means the authority taking charge in the advisory in the collection, storage and disposal of toxic and hazardous waste, "Zone" means a zone into which the county is divided for the purposes of this Act Objectives 3 The object and purpose of this Act shall be to— (a) to create the necessary institutional framework required to have an efficient waste management system within the County, (b) to create the necessary institutional framework to provide foi the prevention, control and abatement of— (i) air pollution to ensure clean and healthy ambient air, (ii) noise pollution, and (ill) Waste and disease causing pests, and ensure a clean healthy environment (c) promote an environmentally friendly county that will reduce health iisks associated with a polluted enviionment, and (d) encouiage residents to take responsibility for the environment 12 No 2 Kericho County Environment Management 2021 Application of the Act 4 The provisions of this Act shall be in addition to other requirements imposed by or under the National Environment Management Act or any other written law PART II—ADMINISTRATIVE PROVISIONS Establishment of Directorate 5 (1) There is established a Directorate m the County Government Directorate responsible for environmental matters to be known as the Directorate of Environment (2) The Directorate shall have all the necessary powers for the execution of its functions under this Act (3) The Executive Committee member shall ensure that the Directorate has adequate human, fipancial and any other appropriate resource to enable it to carry out the flinctions assigned to it under this Act (4) There shall be appointed a Director and Deputy-Director of Environment and such other officers as may be deemed necessary from time to time by the County Public Service Board Functions of the Directorate 6 The functions of the Directorate shall be to— (a) monitor compliance of the environmental standards established under this Act, (b) develop in collaboration with other County and national government institutions strategies to ensure a clean and healthy environment in the county, (c) carry out research directly or in collaboration with other institutions and serve as the repository of data and statistics related to enviionmental management, (d) develop in collaboration with other county and national government departments strategies and plans for implementing this Act, (e) carry out public education and awareness on the benefits of a clean environment directly and in collaboration with other public or private bodies and institutions, (f) consider all matters brought to its attention by the national govermnent and to report its findings thereof. 13 2021 Kericho County Environment Management No 2 (g) arrange for facilities of the disposal of litter in streets and public places, (h) designate in collaboration with the County Planning Directorate areas within the county to be dumping sites, and (i) perform any o^her function that may be assigned by ̂ ny national or county legislation County Sub-county and Ward Environment Committees 7 (1) The Governor by notice in the Gazette, appoint Members of County Environment Committee (2) Every County Environment Committee shall be constituted in accordance with the provision of article 18 of the Environmental Management and Co-ordination (amendment) act, 2015 (3) The Executive Committee Member may establish Sub-county and Ward Environment Committees to coordinate, monitor, evaluate and review environmental management activities and interventions in their respective sub counties and wards, and to perform such other functions as may be deemed necessary to achieve the objectives of this Act (4) The County Executive Committee Member responsible for environment matters shall prescribe regulations relating to the functions, powers and procedures of the Sub-county and ward Environment Committees Record keeping 8 The Executive Member shall— (a) prescribe the activities which records shall be kept under this Act, the contents of such records, mid the^manner in which they shall be kept, (b) keep any other records available at the site of an establishment or undertaking and shall be made available at such reasonable time to any Environmental Officer or authorized officer for the purposes of (i) environmental audit, (ii) environmental monitoring and evaluation, (c) pollution control, (d) inspection, and (e) any other purpose that may be prescribed by the Director of Environment from time to time. 14 2 Kencho County Environment Management 2021 (f) designate in collaboration with the County Planning Directorate areas within the county to be dumping sites, and (g) perform any other function that may be assigned by any national or county legislation Entitlement to Clean and Healthy Environment 9 Every person within the jurisdiction of the County is entitled to a clean and healthy environment and has the duty to safeguard and enhance the environment (2) The entitlement under sub-section (1) includes the right of access and enjoyment of the various public elements and segments of the environment for recreational, educational, health, spiritual and cultural purposes Court Redress 10 (1) If a person alleges that the entitlement conferred under section 9 has been, is being or is likely to be contravened, then without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to a High Court for redress and the High court may make such orders, or give such direction as it may deem appropriate to— (a) prevent, stop or discontinue any act or omission harmful to the environment, (b) compel any public officer to take measures to prevent or discontinue any act or omission harmful to the environment, court rediess (c) require that any on-gomg activity to an environment audit in accordance with the provisions of this Act (d) compel persons responsible for the environmental degradation to restore the degraded environment as far as practicable to its immediate condition prior to the damage, and (e) provide compensation for any victim of pollution and the cost of beneficial uses lost as a result of pollution and other losses that are connected with or incidental therewith (2) A person intending to file a suit under subsection (1) shall have the capacity to bring an action notwithstanding that such a person cannot show that the defendant s act or omission has caused or is likely to cause him any persona! loss or injury provided that such action is not frivolous or vexatious or is not an abuse of the court process 15 2021 Kericho County Environment Management No 2 Issue of licenses 11 (1) The Executive Committee Member shall issue licenses to applicants subject to such lawful conditions as the Executive Committee Member may determine ( (2) Every license shall specify the premises upon which the business specified m the license may be carried on (3) The Executive Committee Member for Finance shall through the annual Finance Act prescribe the fees payable for the issue of licenses under this Act (4) The Directorate may after considering the objections, if any, made undei this section, grant the license applied for, subject to such terms and conditions as may be specified in the license (5) The issuance of a license to an applicant under this Act shall not be withheld without reasonable cause (6) A license issued under this Act is not transferable PART III—SOLID >VASTE MANAGEMENT Establishment of an Integrated County Waste Management Plan and Strategy 12 (1) The County Government department responsible for enviromnental matters sh^l in consultation with regulatory mstitutions established under national legislation in respect of environmental management and coordination and water resources management as well as the County Executive Committee members responsible for water, energy hade, environment and agriculture, town committees, municipality boards, establish a county waste management policy and anjntegrated county waste management plan and strategy foi the implementation of this Act and any othei written law (2) Notwithstanding the generality of sub-section (1), the mtegiated waste management plan and strategy shall incorporate components of— (a) a household waste management plan, (b) an industrial waste management plan, (c) a commeicial waste management plan, (d) healthcaie waste management plan, (e) electronic waste management plan, and (f) hazaidous waste management plan 16 No 2 Kencho County Environment Management 2021 (3) The integrated waste management plan and strategy may include information on— (a) the quantities of household, industrial, electronic" commercial, medical or hazardous waste expected to be generated durmg the plan period, (b) waste disposal sites and public and private waste management facilities for the period specified in the plan, (c) staff, equipment and other material used for operating the publicly owned sites and facilities at present and needed during the period specified, (d) the methods by which, in a given period, the County Government intends to manage waste and a prioritization of the different methods of waste management for the given period of time, (e) estimated costs of the different methods of waste management contemplated in the plan, and how these costs may be covered by tariffs, fees, or other means, (f) mechamsms for the management by use of County Government resources and means or by use of means provided by the private sector, durmg that period, (g) targets by the County Government for the reduction, reuse, recycling and recovery of waste, and strategies for implementation (4) Every waste service provider or department of the County Government municipal board, town committee shall give effect to the county integrated waste, inanagement^plan and strategy y/hen exercising a power, function, or service relating to waste management (5) Subject to the provisions of the County Governments Act and the Urban Areas and Cities Act, the County Integrated Waste management plan and strategy shall be incorporated in the County Integrated Development Plan (CIDP) Duty to Manage Waste 13 (I) A generator or holder of waste shall be required to, within the holder's power, take all reasonable measures— (a) avoid the generation of waste and where such generation carmot be avoided, to reduce the amounts or toxicity of waste that is generated, 17 2021 Kencho County Environment Management No 2 (b) comply with requirements for collection of waste varying by type, origin and properties by placing such waste in receptacles approved, designated or provided by-the service providers, for that purpose in a manner and loeation approved or authorized, (c) take all measures to prevent the mixing of hazardous waste with other waste or of recoverable waste with non-recoverable waste, (d) ensure that waste is treated, and where not reusable, recyclable or recoverable, disposed of m a manner not deleterious to health or the environment or causative of a publie health nuisance, (e) provide briefing and periodic training to personnel handling hazardous waste and prevent any employee or any person under his or her supervision from contravening this Act, (f) plan and implement the measures necessary to avoid the spread of pollution after the closure of the projects and operations, as well as of the waste disposal facility or installation, (g) prevent waste from being used for an unauthorized purpose, and (h) draw up a contingency plan for response to accidents as may occur upon carrying out waste-related operations (2) The duty of a holder of waste shall not be construed as a limitation on the obligation of the County Government in respect of waste management Material recovery 14 The Executive Committee Member shall establish material recovery guidelines and undertake activities to facilitate and promote recovery of waste materials through reduction, re-use, recycling and composting of waste by the various actors in solid'waste-management Categorization and Handling of Wastes 15 (1) The Executive committee Member shall, through waste regulations, divide wastes generated m the county into various categories depending on their physieal or chemical characteristics and provide for the necessary manner of the handling of such waste so as to guarantee the health and safety of all, mcludmg but not limited to the waste handlers, as well as the wellbemg of the environment (2) The categories of wastes referred to in subsection (1) shall include— (a) market waste, (b) biomedical or clinical waste. 18 No 2 Kericho County Environment Management 2021 (c) e-waste, (d) construction and demolitions waste, (e) industrial waste, (f) agricultural waste, (g) hazardous waste, (h) junk waste, (i) plastic waste, and 0) any other category of waste as the county executive committee may determine Prohibition against dangerous handling and disposal of waste 16 (1) No person shall discharge or dispose of any waste, whether generated within or outside the county, in such manner as to cause pollution to the environment or ill health to any person (2) No person shall discharge or dispose of any wastes except under and m accordance with the provisions of this Act Charges for waste management 17 The Executive Member in consultation with the Finance Department may by a notice m the gazette impose a charge on generators of wastes within the County for purposes of meeting the cost of waste management License to Transport Waste 18 (1) No person shall transport any waste other than— (a) Licence to transport-waste in-accordance with a valid license to transport waste issued by the Directorate, and (b) to a waste disposal site established in accordance with this Act (2) Any person who contravenes any provisions of this section commits an offence and shall be liable upon conviction to a fine not exceeding fifty thousand shillings or a term of imprisonment of not more than six months or both Private and Public Involvement m Waste Management 19 (1) The County government shall allow for, and facilitate the participation of all persons including individuals, corporate entities, and community and neighborhood associations and organizations in all aspects 19 2021 Kericho County Environment Management No 2 of waste management in order to attain and maintain high and sustainable standards m waste management within the county (2) The Executive committee member, m consultation with the Directorate shall establish mechanisms for the involvement of the vaiious actors in waste management m the County and these mechanisms may include— (a) franchise system, (b) management contracts paid for by the county government, or (c) any other arrangement for provision of specified waste management services (3) No person or firm shall deal with garbage collection withm the County without a valid license issued by the Department (4) 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 or part thereof of waste management agreement or policy guidelines in private sector involvement m waste management commits an offence Zoning 20 (1) The Executive committee member may by notice in the gazette divide the County into such zones for Zoning purposes of convenient management of waste collection and transportation and may from time to time alter such zones (2) Any person or firm authorized to collect and transport waste shall be guilty of an offence if he or she operates outside the zone m which he or she is authorized to operate Application for Waste Handling License 21 (1) A person intending to collect, sort, separate, salvage reuse recycle or transport any solid waste m the county shall make an application m a prescribed form to the Directorate where the activity is to take place and shall pay a prescribed fee (2) Where the Directorate rejects an application made under this section, he or she shall within twenty one days of his decision notify the applicant of the decision specifying the reasons (3) Any vehicle used for transportation of waste or any other means of conveyance shall be labelled in such a manner as may be prescribed 20 No 2 Kencho County Environment Management 2021 Cancellation of Waste Handling License 22 (1) The Executive Committee Member may where a licensee fails to comply with the whole or any part of the licensing conditions and upon giving notice cancel or vary a license issued under section 21 Cancellation of waste handling license (2) Any person aggrieved by a cancellation of license under this section may upon complying with the licensing conditions re apply for a license Duty to Ensure Safe Refuse Disposal 23 (1) Every person has a duty to ensure safe and sanitary disposal of his or her refuse (2) Every occupier of any premises shall ensure safe and sanitary disposal of his and her refuse and show proof thereof (3) It shall be sufficient proof of safe disposal of refuse if an occupier has an authenticated payment receipt from a licensed garbage collector (4) Any person who fails to dispose of refuse in a safe and sanitary manner commits an offence and is liable upon conviction to a fine not exceeding fifty thousand shillings or imprisonment for a term not exceeding twelve months or both Prohibition against Littering 24 Any person who throws or causes litter to be thrown m a public place or deposits or otherwise disposes off litter in any place other than in the litter bins provided commits an offence and shall upon conviction be liable to a fine not exceeding thirty thousand shillings oi to a term not exceeding thiee months imprisonment or both Obstruction of Access for Refuse Removaf 25 (1) No person shall erect, cause to be erected or permit the erection of any structure or otherwise obstruct an already piovided access for the purpose of refuse removal from any premises (2) Any person who contravenes the provisions of subsection (1) above commits an offence and shall be liable upon conviction to a fine not exceeding fifty thousand shillings or to six months imprisonment Provision of Refuse Receptacles 26 The Director of Environment 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 types 21 2021 Kericho County Environment Management No 2 as it shall be deemed reasonable for the reception of domestic or trade refuse Approval of Refuse Receptacles 27 (1) No person shall place or allow usage of a refuse receptacle in a public place which is not of such a design, size shape and quality recommended by the department (2) Any persons who contravenes the provisions of sub-section (1) above commits an offence and shall be liable upon conviction to a fine not exceeding fifty thousand shillings or in default six months imprisonment or both such fine and imprisonment Junk Waste Disposal 28 (1) No owner or occupier may keep or allow to be kept junk waste m public premises (2) Where any junk waste is found abandoned m any public place, the authorized officer shall take immediate steps to remove such junk waste and dispose of it m such manner as he or she may deem fit (3) Any disposal by the authorized officer under subsection (2) shall be at the expense of the owner of such premises or of the junk waste, where such owner is known Refuse Receptacle Site 29 Every owner or occupier of any premises shall cause all refuse bins upon his premises to be placed and kept m an approved place upon his premises or elsewhere as directed by the Diiector of Environment or any other authorized person so as to be accessible to the County Government refuse removal staff or authoiized seivice providers County to Provide Street Cleaning Services 30 (1) The County Government through the Directorate responsible for environment affairs municipality Board oi town committee shall make arrangements for the cleaning of streets thoroughfares and sidewalks within the County (2) No person shall— (a) sweep or cause or permit to be swept from any land, premises or vessel any dust, dirt, ashes, refuse or rubbish onto or into any footway, back-lane, drain or road, (b) place or cause or permit to be placed upon frontage of a house, flat, building or any other structure any dust, dirt, ashes, refuse, rubbish or demolition material or any sort of refuse. 22 No 2 Kei icho County Environment Management 2021 (c) mount any poster or banner by pasting or nailing it on any lamp post, traffic bollard, refuse bin, painted wall, tiee or structure on any street, thoroughfare, sidewalk oi any other unauthorized suiface 01 place, (d) cause the water in any sink, dram, ditch or gutter or any other offensive matter to run onto any street, (e) convey m any vehicle, cart or otherwise any offensive substance through or along any street except m receptacles which are watertight and airtight, and disturb the surface of any street, sidewalk, sanitary lane or other public place vested m the County Government, without the previous consent m writing of the department, nor otherwise than m accordance with such conditions as it may detemune Owner or Occupier to Clean Paved Areas 31 It shall be the duty of every occupier or owner or argent of 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 /her house, trade premises or any other development to the satisfaction of the Directorate provided that the duty of the owner or occupier or agent shall not include cleamng of the mam road, open space or public plot County to Provide Street Litter Bins 32 The County Government through the Directorate responsible for environment affairs Municipality Board or Town committee may make arrangements to provide litter basket or bins for the disposal of litter only m the streets and public areas Indiscriminate Pasting of Posters Prohibited 33 Any person, firm ,society or organization, religious, political or otherwise which pastes or causes to be pasted a poster, hand Bill or an advertisement material on a litter bin, dust bin oi any other unauthorized surface oi place, shall be guilty of an offence Offences 34 Any person guilty of an offence undei the piovisions of the preceding laws shall be liable on conviction to a fine not exceeding Kenya Shillings fifty thousand (KSh 50,000) or m default to imprisonment for a term not exceeding one month or to both such fine and imprisonment or m default to an imprisonment to a term not exceeding three months or to both such fine and imprisonment 23 2021 Kericho County Environment Management No 2 PART IV—CONTROL OF AIR POLLUTION Abatement of air pollution 35 The Directorate is in addition to the responsibilities imposed under section 6 also undertake the— (a) promotion of alternative cooking technologies that are non polluting, (b) development of well-ventilated buildings, (c) regulation of smoking m public places, (d) Promotion of tree planting and expansion of forest cover Permitted Operations 36 The following operations shall be permissible under this Act provided that they are not used for the disposal of refuse— (a) back-bummg to control or suppress wildfires, (b) firefightmg rehearsals or drills conducted by fire service agencies, (c) traditional and cultural burning of savanna grasslands, (d) burning for purposes of public health protection, and (e) Emissions of air pollutants from all stationary and mobile sources as set out under the Regulations Causing Air Pollution Contrary to License an Offence 37 No pel son shall— (a) act in a way that directly or indirectly causes, or is likely to cause immediate or subsequent air pollution, or (b) emit any liquid solid or gaseous substance or deposit any such substance. Contrary to the license issued undei this Act oi other relevant law Directorate to Liaise with Lead Agencies 38 (1) The Directorate shall liaise with relevant lead agencies, fiom time to time regarding— (a) methods of abating and regulating air pollution, (b) determining piotected areas and special areas, (c) clean up of any an pollution wheie necessaiy, (d) declaring any aiea exempted from the provisions ot this Act 24 No 2 Kencho County Environment Management 2021 Directorate to Order Inspection 39 (1) The Directorate may, to ensure the provisions ot this Act are being observed, in consultation with the relevant agencies, at any time order the inspection (a) of a vehicle releasing visible exhaust emissions, (b) any waste incinerator, and (c) of fuel burning equipment Powers to Refuse to Grant or Renew Licenses and to Cancel Licenses 40 (1) The Directorate may refuse to grant or renew a license or cancel a license, with respect to any license relating to— (a) the use of premises as a theatre, music hall, concert room or other place of amusement, or as a restaurant or eating house, (b) for the carrying on of any work or trade, (c) on grounds that— (i) that the method adopted or proposed to be adopted by the applicant for preventing noxious or offensive vapors, gases or smells ansmg from such work or trade are not efficient (ii) that the granting or renewal of such license would be calculated to cause nuisance or annoyance to persons residing in the neighborhood (2) The Directorate may cancel any license granted by it on any such grounds as it may by law specify and, in addition, on any of the following grounds, whether specified m such law or not— (a) with-respect"to any license," that it is contrary to the-public interest for such license to lemam in force, and (b) additionally, with respect to any license specified m subsection (1) fb)— (i) that the premises to which the license relates or any ad jacent premises owned or occupied by the holder of the license are frequented by persons of bad character, (ii) that the continuation of such license m force would be calculated to cause nuisance or annoyance to persons residing m the neighborhood, and (c) with respect to any license tor the carrying on ot any work or trade declared to be an offensive trade— 25 2021 Kericho County Environment Management No 2 (i) that the premises used by the holder of the license have become unsuitable for the purpose, (ii) that the methods adopted by the applicant for preventing noxious or offensive vapors, gases or smells arising from the work or trade have become ineffective Responsibility of Owner or Operator 41 (1) The Directorate may, after consultation with the relevant agencies and the public, declare a facility to be a controlled facility for purposes of this Act (2) Every owner or operator of a controlled facility shall ensure that emissions from his or her facility does not cause air pollution in any territory outside the jurisdiction of the County, in excess of the relevant ambient air quality levels prescribed Smoking in Public Places 42 (1) No person shall smoke a tobacco product or hold a lighted tobacco product m an enclosed indoor area of a public place (2) Notwithstanding the provisions of sub-section (1), the Directorate may by notice in the Gazette prohibit or restrict smoking in a specified outdoor public place where persons are likely to congregate within close proximity to one another or where smoking may pose a fire or other hazard, (3) Any person who contravenes any of the provisions of this section shall be guilty of an offence Smoking m Public Vessels 43 (1) No person shall smoke a tobacco productjor hold a lighted tobacco product in a public vessel (2) Any person who contravenes any of the provisions of this rule shall be guilty of an offence Display of Signs in Non-Smoking Areas 44 (1) The owner or manager of a public place or any public vessel m which smoking is prohibited under this Act shall post clearly legible signs stating that smoking is prohibited (2) The signs under sub-section (1) shall be displayed in the national languages and may in addition be displayed in the language most widely spoken by the people of the area 26 No 2 Kencho County Environment Management 2021 Owner to Ensure No Smoking 45 (1) The owner or manager of a public place or public vessel in which smoking is prohibited under this Act shall take reasonable steps to ensure that smoking does not take place m such place or vessel (2) Without prejudice to the generality ot sub-section (1), the owner or manager of the premises may— (a) ask the person who is smokmg to immediately cease smoking, (b) demand that the person smokmg should leave the premises or vessel, (c) seek the assistance of a health officer, police officer or authorized officer (3) A person who contravenes any of the provisions of this section shall be guilty of an offence PART V—ENVIRONMENTAL CONSERVATION AND PROTECTION Protection and conservation of rivers wetlands 46 (1) No person shall, without prior written approval of the Authority given after an environmental impact assessment, m relation to a river, or wetland m the county carry out any of the following activities — (a) erect, reconstruct, place, alter, extend, remove or demolish any structure or part of any structure m, or under the river or wetland, (b) excavate, drill, tunnel or disturb the river, oi wetland, (c) introduce any ammal whether alien or indigenous m a river oi wetland, (d) introduce or plant any part of a plant specimen, whether alien or indigenous, dead or alive, in any river, or wetland, (e) deposit any substance m a river or wetland or m on, or under its bed, if that substance would or is likely to have adverse environmental effects on the river, or wetland, (f) direct or block any aver or wetland from its natural and normal course, oi (g) dram any, river or wetland (2) No car washing activities shall be allowed m any aieas including rivers, wetlands othei than those designated for such All designated car 27 2021 Kericho County Environment Management No 2 washing areas shall have provision for running piped water, a washing bay CQpstructed of motor gravel, silt and soil traps and, drainage of the water to pond or vegetated areas or sewer line and failure to will be an offence (3) The Executive member m consultation with the Authority may, by notice m the Gazette, issue general and specific orders, regulations or standards for the management of river banks, wetlands and such orders, regulations or standards may include management, protection, or conservation measures m respect of any area at risk of environmental degradation and shall provide for— (a) the development of an overall environmental management plans for a river, wetland or taking into account the relevant sectoral I ] ^ \ I 1 1 interests, (b) contingency plans for the prevention and control of all deliberate and accidental discharge of pollutants into the rivers, if) Wi ft! !!?«!!'!?!« of Iwygsting sf MHipif iiYfflg resources to enstire optimism sustainable yield, Fromotion of ' ' II r- Jl' 'V ' ~ V " >■ !'•' < Lfnepdly tourism, and he raanageptent of Wf!!(??! ?f R!«! Sipws flRR! I! T!>p Psffify sh#. m eP!)5H!|w! YRft fto pfoyw' W ssoppp. W pr^onbe me^sjires for ?}isti(inable jise ofjull tpns, hill slides , mputitainptis and riparian areasm Tul "h ilnnit)' M ' lu ! f iT ni I'C ' (2) The guidelines issued anfj measures prescribed by the County under subsection (^1) sWll be by way of Gazette Notice and sliall include those relating to— (a) appropriate farming methods, (b) carrying capacit}' of the areas desciibed in subsection (1) in relation to animal husbandry, } (c) measures to curb soil erosion, (d) disaster preparedness in areas prone to landslides, (e) the protection of areas referred to m subsection (1) from human settlements, (f) the protection of water catchment areas, and (g) any other measures the county considers necessary .28 V No, Kericho (^oifnty Envirojvnen^y^Mgnagem^nt 2021 vj ' (3)fThe Sub county,fEnvironment .Committees shall be responsible for ensyringii thahyths/ guidelines issuedjfand measures, prescribed,,,under subsection (2) /p respect of tbeip SubfCounties are implerpented, , , ^ (4), ̂ ny,{personj who ii^oAtrayejnes, anyf>measure, prescribed ,by the coupty^,under fhis section}or^ who.,fails fto, comply, wph a.lawful direction issued by aiSubfCounty e;nyironmentiGomputtees under this flection ̂shall, be guilty.oEap,offence ^ j cnv > if C. t-- a, ^ (5)'Siibjbcf to MbsectiOnX2)'the'Goyern5r inay" in'cohsulfatidn with' of the Directorate of Forestry, enter into~arfy ddntfactr^l* arrangement'with arpnyatej.owperoiofianyijland on suchderms and^,conditions.^as may be mutually ngrepdforsthe purposes of registering guclvlapd,as forest land (6) The county shall not take any action, m respect^oPany forest or monntarn.,area>f lyhieh) ts.,prejndicialf|tOf,thei teaditionaljTmterests(pf the indigenous cpipmurntie^fpustoin&rily, residenby^ithiniqr nrbund such forest or mountain area , , . ' fO 111 cn W. PART VI—MANAGEMENT OF PARKS AND OPENS 'jPi Mtfo 'jfuvn 'S > m \c he •'■iftuiPDd' L? i fa 'rfcp j/b< >!'■.. oi Greenmg-andiJBeautificatjion rn llrban ,Ai]eaSi 'i I'v 48 (1) The County may establish or allov^ phvate''skctbP hivolvement in greemng and bqautrfiGatj,onop,thei,Gpuntyrparks>,pn;temis ppd qondttions agreed by the involved paities ^A memorandum of agreement or undefkandifigi^ill be bntbrbd betyfeeh'fBe''Cduj!ity arid tbe partner ^ ̂ ^ yxii 4. ' K * ^ / U <! J'P < i ? tg /"ii i il >1 (2) The County shall capceil, pr^ jvithdrawjthe^mepiorandum of understanding if partner fads to comply with all or any of the condition(s) ahie'ed thdr^f ' .a'o 1 ' '/ Lj'p.' jraCi.w a i e . 'af'-'T-' ' ar' i '}} )Z\i} i -sfi 3^ j.() A n\ iltP' C) t.i 'as ,„(3) Any owner or occupier of^apy lapd ip which,.an^o|qn^apace,iS| available and/or which is suitable for greening, if so ^required by the county shall plant grass, flowers ,shrubs*()f tfee'duhles^it''is^betng prepared for any other immediate approved-use , ' f " » e y < " Permission to Prune, Cut Trees, Flowfelrs^or Shrubs ' ' ■" 49 No person shall cut, prune Br permit cuftihg or pruftihg of trees, flowers or shrubs withipthe County's urban arqas junsdrction without fust obtaining a written permission fiom the department, failure to which it is an offence I If Vegetation Management 50 (1) It shall be the duty of the owner or the occupier of a plot or premises to clear all vegetdtidii'Within a rddius^bf at least five(5)'meters 29 2021 Kericho County Environment Management No 2 from the boundaries of his/ her plot or premises, failure to which shall constitute an offence (2) It shall be the duty of the owner or occupier of undeveloped plot to clear all vegetation therein failure to which shall be an offence (3)Any person(s) who fails to trim his/her flower bed, hedge offence to a size which, in the opinion of the Directorate is reasonable shall be guilty of an offence Use of Public Park or Open Space 51 (1) Any person who uses for any purpose any public park or any public open space without authority from the Directorate shall be guilty of an offence (2) Any person who occupies a public space without authority of the County shall be guilty of an offence Destruction of Trees, Flowers m Public Park, Streets 52 (1) Any person who steals or destroys or causes destruction whether willfully or not to flowers, shrubs, trees, seats or any other property in a public park or place shall be guilty of an offence (2) Where deemed necessary, every owner or occupier of a premises or space shall be required to beautify the frontage of such a premises or space in accordance with the specifications provided by the Directorate (3) It shall be an offence for any person or persons to display for sale or otherwise any wares or equipment or foods in a beautified area or public space (4) Any person/persons who destroys or otherwise interferes with floweis, tiees or any beautification material or equipment shall be lequired to replant or restore the area destroyed or interfered with to its original sate Permission for Photography in the Parks and Open Spaces 53 Any person who practices photography in the public paiks roundabouts without the authority of the Directorate shall be guilty of an offence Certificate to Operate a Tree Nursery 54 Any person or person who operates tree or flower nurseries without a tree nursery certificate from County shall be guilty of an offence 30 No 2 Kericho County Environment Management 2021 Penalty 55 Any person guilty of contravening the preceding laws expressly stated shall be guilty of an offence and upon conviction be liable to a fine not exceeding Kenya Shillings Ten Thousand (KSh 10,000) or to imprisonment not exceeding eighteen months or to both such fine and imprisonment PART VII—NOISE POLLUTION CONTROL Regulation of Noise 56 The Directorate shall be responsible for— (a) the development of a county strategy on noise pollution, (b) regulation of noise in special areas, (c) regulation of high noise levels associated with corrunercial and associated machinery, public transportation and social activities Special Places 57 (1) The Directorate shall, by notice, designate certain places to be special places for purposes of this Act (2) A place designated to be a special place undei this section shall, subject to section 57 (1), not be subjected to high noise levels Application for License 58 (1) A person who desires to undertake an activity, whose noise levels may constitute a danger or a nuisance under this Act, shall apply to the Directorate foi a license before carrying out such activity (2) The Diiectorate shall— (a) where the activity is not taking place within a special area, issue a license subject to any conditions as it may impose, (b) where the activity is to take place within a special area, consult the community living m that area before making a decision on the issuance of a license (5) The consultations between the Directorate and the community under subsection (2) shall be recorded and a copy thereof be placed with such community representative as may be agreed upon (6) A peison who carries out an activity contiary to this section commits an offence 31 2021 Kericho County Environment Management No 2 License fees 59 (1) The Directorate shall hase with Finance Department with the approval of the county assembly to determine the"^fees to be paid for license under this Part and different fees may be set for different activities Provided that where an activity exceeds the period stated within the license, the Directorate shall on application, provided no breach of contract has occurred on the part of the applicant and on payment of such fee as may be prescribed, extend the license PART VIII—NUISANCES Nuisance and Impounding of Animals 60 (1) Any person who keeps within the County any animal or poultry which causes a nuisance to any of the residents in the neighborhood shall be guilty of an offence (2) Any person who, except with the written permission of Directorate and subject to such conditions as it may deem fit, keeps within an urban area, a game animal, reptile or any ass, mule, ox, bull, or cow, goat, sheep oi pig shall be guilty of an offence (3) The Directorate may remove any of the species of animals referred to m subsection (2) which has been kept within the county or left m a street m contravention of this Act and impound the same (4) The owner of an animal or reptile, as specified under subsection (2), which IS removed from the town or street m pursuance of subsection (3) shall not be entitled to recover the same until he or she has paid to the county, such fee as may be prescribed in the Regulations to covei expenses mcuired by the county for the upkeep of the animal (5) If an ownei contemplated under subsection (43 does not pay the fees and expenses due within a period of seven days from the date the said animal was impounded, the Directorate may sell or otherwise dispose of the animal by auction or any other means and the proceeds of such disposal, shall be set off against the outstanding fees and expense any incurred by the Directorate m the removal or disposal of the animal (6) A person shall be guilty of an offence, if such person has under his control or m his custody— (a) any animal, leptile oi bird, which causes a nuisance or annoyance to any of the residents of the area, or (b) any animal, reptile or bird which is so kept as to be or likely to become injurious to the health of any person, oi 32 No 2 Kericho County Environment Management 2021 (c) any animal, reptile, poultry or bird which wanders on a street in such a manner as to cause obstruction, inconvenience to traffic or pose a danger to persons (7) Any person who, except with the written permission of the Directorate subject to such conditions as it may deem fit, permits any animal leferred to m subsection (1) to graze within a protected area shall be guilty of an offence Protected Area 61 (1) The Directorate shall declare specified areas to be protected areas under this Act (2) The Directorate before declaring an area to be a protected area shall consider the purpose for which it is being protected and the views of the community within that area (3) A person who allows animals under his or her control to graze within a protected area commits an offence Offences on Nuisances 62 Any peison who m any street— (a) without a permit— (i) Ignites any firework, (ii) for the purpose of hawking, selling, distributing or advertising any article or event, shouts or uses any bell, gong, or other noisy instrument or loudspeaker, (ill) lights or maintains or suffers to be lit oi maintained any fiie or braziei in the central area as defined in any laws of the County foi the time being in force, (iv) commits any act contrary to public decency, (b) places or deposits and leaves any glass, earthenware, tin, carton, papei, sawdust or other rubbish so as to create or tend to create litter, (c) throws down or leaves any orange peel, banana skin, or other substance likely to cause a person to fall down, (d) to the inconvenience or danger of any person carries or conveys any bag of lime, charcoal, or other offensive material, timber or any pointed or edged tools or implements not properly guarded, (e) plays any game m such a manner as to cause the likelihood of damage to property, or danger to any person. 33 2021 Kericho County Environment Management No 2 (f) rides, drives or propels a vehicle on a footpath, (g) while being in charge of any dog, allows such dog to foul any path and fails to remove the stool, ' ~ (h) defecates or urinates on the street or any open space with an exception of a pregnant woman (i) touts for passengers, or, 0) without a permit draws graffiti on any public building, (k) urinate or defecate m or upon any land, forest, bush, street, alley, canal, dram, ditch, river, or watercourse or m any place to which the public has access to except m a sanitary convenience provided for such purpose, and (1) cause or permit any urine or faecal matter to flow or dram into any , river, canal, ditch, dram, dam or watercourse. Shall be guilty of an offence PART IX—OUTDOOR ADVERTISING Illegal Outdoor Advertisement 63 Any person who, m or m view of, any street or public place, erects, fixes, places, mamtams, displays or uses or permits to be erected, fixed, placed, maintained, displays or used, any advertisements devise without first obtaining a permit, or otherwise than in accordance with the terms and conditions of permit shall be guilty of an offence Application for Advertising 64 Every application for a permit shall be made m writing to the chief officer and shall be accompanied by a plan or sketch showmg, to the satisfaction of the Department, the positioi^of the proposal advertising device or notice, its dimensions and the method of execution and stating the material of which it is to be composed or it is constructed, its color and such other information as the Directorate may require Offences on Outdoor Advertising 65 Any person who without a permit— (a) draws, wheels or drives any vehicles or caiiies any board oi placard used solely or chiefly for the purpose of exhibiting advertisements, (b) for the purpose of advertising, distributes any hand bill oi other paper, (c) defaces the footway or roadway by writing or other marks, Commits an offence 34 No 2 Kericho County Environment Management 2021 Directorate may Prescribe Rules 66 The Directorate may prescribe county laws to— (a) to prohibit or control the display of advertisements and advertising devices in or in view of any street or other public place or m such places or in such manner or by such means as would, m the opinion of the Department, be likely to affect injuriously the amenities of or to disfigure any neighborhood, and (b) to regulate the use and passage of advertising vans, sandwich boards, lanterns, flags, screens or other moveable advertising devices, and (c) to regulate the distribution of handbills m or along any street or other public place, (d) to control street decorations, and to prohibit or control the erection and removal of temporary platforms, seats and other structures for the use of the public at any meeting or entertainment or for the accommodation of spectators at any procession, (e) the size of the billboards and the number that may be erected on a road reserve, (f) the fees payable PART X—ENFORCEMENT Authorized Officers 67 (1) The County Executive Member shall appoint for each sub county, any person or class of persons in the employment of the County public service Board to be authorized officeis for purposes of this Act (2) Notwithstanding the provisions of this section, the following officers shall be deemed to be authorized officers for the purposes of this Act— (a) officers appointed as Enforcement Officeis imdei County Legislation, the National Police Service Act, and Environmental Management and Co-ordination Act, and (b) any other person upon whom any written law vests functions of the maintenance of law and older Duties of Authorized Officers 68 An authorized officei shall— 3 5 ^"vironmentManagement No 2 Td^ (b) perform such other functions as may be required under this Act Powers of Authorized Officers aulho'Ldoffieymay'Xn" Act, an £S5=S='~rs approval of the Executive member order the wrrr=„/r.s S cause significant pollution 10 the envtronmenl set o.S?!„'rsVi o'^fcZif "«'«•" p--y this section for til purnos^^^^^^ in this Act monitoring and ensuring compliance with office? fm°anySungdOT^^ authoiized and without negligence undei this Act Restriction to Enter Dwelling Place die co'n"serAtXt:;Zerrrtarf'"® court of competent jurisdiction ^ wairant issued by a Obstruction of Authorized Officers other'U'L'd'urauiroLT.f commits an offence and on conviction shall be ImHe less than one year but not moie than four years or to a 110^7 °7°' two million shillings but not mn.r. fi, I „ such line and '» ""I 36 No 2 Kencho County Environment Management 2021 Service of Notices 72 (1) Any notice required or authorized to be sent or served for the purposes of this Act may be sent or served— (a) by delivering it to the person to or on whom it is to be sent or served, or (b) by leaving it at the usual or last known place of abode or business of that person, or, m the case of a company, at its registered office 01 (c) by oidinaiy oi registeied post, or (d) by fixing or pasting it on a conspicuous place within the premises, or (e) by any method which may be presciibed (2) However, if an authorized officer having attempted to send or serve a notice by one of the methods provided under subsection (1) and is satisfied that such notice has not been received by the person to whom it was addressed, he may advertise, in the Gazette and m one or more newspapers circulating in the county, the general purport of such document, and upon such advertising the document shall be deemed to have been received by that person PART XI—MISCELLANEOUS PROVISIONS Offence by Body Corporate, Partnerships, etc 73 (1) Where an offence is committed under this Act by a body corpoiate, the body corporate and every director or officer of the 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 the offence (2) Wliere an offence is committed under this Act by a partnership, every partner or officer of the partnership 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 commits an offence (3) A person shall be personally liable foi an offence against this Act, whether committed by him oi his or her own account or as an agent oi servant of anothei person (4) An employer oi piincipal shall be liable foi an offence against this Act, unless the employer oi piincipal proves that the offence was committed against his oi her express or standing directions 37 2021 Kericho County Environment Management No 2 Regulations 74 (1) Subject to provisions ot national or related pieces of legislation, the Executive Committee Member may, make Regulations foi the bettei cariymg out of this Act (2) Without prejudice to the generality of subsection (1) the regulations may— (a) prescribe the forms of applications notices licenses, permits and other documents for use under this Act, (b) prescribe the fees payable undei this Act, (c) set standards for the purpose of enhancing enviionmental quality of Its residents , (d) regulate the playing of musical instiuments or the singing oi performing for profit, in or on any public place, (e) regulate all businesses, factories and workshops which, by reason of noise, vibration or other cause, may be or become a souice ot dangei, discomfort or annoyance to the neighbourhood (f) prohibit anything required by this Act to be prohibited, (g) prescribe the conditions subject to which such businesses, factoiies and workshops shall be caiTied on, (h) prohibit or control the display of advertisements and adveitising devices, and (i) regulate the use and passage of advertising vans, sandwich boaids, lanterns, flags, screens or othei moveable adveitising devices County Technical Environmental Committee 75 The Executive Committee Member may establish a County Technical Enviromnental Committee for the puipose of advising in formulation of environmental standards and other relevant environmental issues Transitional Provision 76 Any person who, at the commencement of this Act, owns or operates a waste disposal site or plant, shall apply to the Executive Committee Membei for a license under this part, within four months after the commencement of this Act 38 2 Kencho County Environment Management 2021 Requirement for ElA /£A Undertalung 77 No person, being, a proponent of a project, shall, before financing, commencing proceeding with, carried out, executing or conducting or causing to be financed, commenced, proceeded with, carried out, executed or conducted by another person any undertaking specified in the Second Schedule as prescribed in the Environment Management and coordination act 1999 without submitting a project report to the Authority and obtain a licence to that effect General Penalty 78 (1) A person who is convicted of an offence under this Act, for which no other penalty is provided, shall on conviction be liable to a fine not exceeding shillings five hundred thousand or imprisonment tor a period not exceeding two years or to both such fine and imprisonment (2) A county may, by law, further prescribe that, in addition to any penalty, any expenses incurred by the county in consequence of the breach of any law made under this Act or in the execution of any work directed by any such law to be executed by any person and not executed by him, shall be paid by the person committing such breach or failing to execute such work Rules 79 (1) The Directorate may make rules prescribing (a) the fees to be charged in respect of any license or permit issued under this Act, (b) the form of applications and permits, (c) any registers to be kept, (d) conditions subject to which the county shall issue peimits relating to noise pollution, air pollution and advertising, (e) generally to give effect to the provisions of this Act (2) All rules made under this Act shall be presented to county assembly as soon as possible after publication FIRST SCHEDULE As prescribed in Environment Management and Co-ordmation Act, 1999 SECOND SCHEDULE As prescribed m Environment Management and Co-ordmation Act, 1999