ENVIRONMENTAL LITERACY
CONTROL ENVIRONMENTAL HAZARD
This learning outcome helps trainees understand, purposes and content of Environmental
Management and Coordination Act 1999, purposes and content of Solid Waste Act, storage
methods for environmentally hazardous materials, disposal methods of hazardous wastes,
types and uses of PPE in line with environmental regulations, occupational Safety and Health
Standards (OSHS)
ENVIRONMENTAL MANAGEMENT AND COORDINATION ACT 1999
An Act of Parliament to provide for the establishment of an appropriate legal and institutional
framework for the management of the environment and for matters connected therewith and
incidental thereto.
GENERAL PRINCIPLES
Entitlement to a clean and healthy environment
(1) Every person in Kenya is entitled to a clean and healthy environment and has the duty to
safeguard and enhance the environment.
(2) The entitlement to a clean and healthy environment under subsection (1) includes the
access by any person in Kenya to the various public elements or segments of the environment
for recreational, educational, health, spiritual and cultural purposes.
(3) If a person alleges that the entitlement conferred under subsection (1) has been, is being
or is 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 the
High Court for redress and the High Court may make such orders, issue such writs or give
such directions as it may deem appropriate to—
(a) prevent, stop or discontinue any act or omission deleterious to the environment;
(b) compel any public officer to take measures to prevent or discontinue any act or omission
deleterious to the environment;
(c) require that any on-going activity be subjected to an environment audit in accordance with
the 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; and
(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
(Read EMCA 1999 for more insight)
National Environment Management Authority
NEMA is established under the Environmental Management and Coordination Act No. 8 of
1999 (EMCA) as the principal instrument of Government for the implementation of all
policies relating to environment.
Mandate of NEMA
The objects and purpose for which NEMA is established under EMCA is twofold: to ensure
sustainable management of the environment through exercising general supervision and
coordination over matters relating to the environment and; to be the principal instrument of
the government in the implementation of all policies relating to the environment.
Functions of the Authority
i. Coordinating environmental management activities being undertaken by the lead
agencies
ii. Taking stock of the natural resources
iii. Advising on land use planning
iv. Undertaking research, investigation and surveys in the field of environment and
disseminating information on the findings
v. Mobilizing and monitoring the use of financial and human resources for
environmental management
vi. Enforcing environmental standards
vii. Undertaking environmental education, public awareness and public participation
programmes;
viii. developing, publishing and disseminating manuals, codes or guidelines relating to
environmental management
ix. Preparing the state of the environment report a
x. Development and implementation of the national environment action plan
1.2 SUSTAINABLE WASTE MANAGEMENT ACT 2022
An Act of Parliament to establish the legal and institutional framework for the sustainable
management of waste; ensure the realization of the constitutional provision on the right to a
clean and healthy environment and for connected purposes.
Objects of the Act
The objects of this Act shall be to—
(a) promote sustainable waste management;
(b) improve the health of all Kenyans by ensuring a clean and healthy environment;
(c) reduce air, land, fresh water and marine pollution;
(d) promote and ensure the effective delivery of waste services;
(e) create an enabling environment for employment in the green economy in waste
management, recycling and recovery;
(f) establish an environmentally sound infrastructure and system for sustainable waste
management;
(g) promote circular economy practices for green growth;
(h) mainstream resource efficiency principles in sustainable consumption and production
practices; and
(i) inculcate responsible public behavior on waste and environment.
4. General principles
The general principles of this Act are—
(a) promoting the right to a clean and healthy environment;
(b) the precautionary principle where the lack of scientific certainty shall not be used to
postpone measures to prevent environmental degradation where there are threats of damage
to the environment;
(c) the polluter pays principle in which the cost of cleaning up any element of the
environment that has been damaged by pollution, the cost of the beneficial uses of the
environment that have been lost as a result of the pollution, and any other costs associated
with or incidental to the pollution shall be paid by the polluter;
(d) payment for ecosystem services or payment for ecological services in which payments are
made to farmers or landowners who have agreed to take certain actions to manage land or
watersheds in order to provide ecological services as an incentive to conserve natural
resources;
(e) zero waste principle in which products and processes are designed and managed to reduce
the volume and toxicity of waste and materials, and to conserve and recover all resources,
and to prevent the burning or burying of resources, in order to treat waste as a resource that
can be harnessed for wealth creation, employment and the reduction of pollution; and
NOTE: Read the act for more insight