ADVOKS GLOBAL · KENYA
Climate Change Act
17. Monitoring compliance
Edition: 2023-09-15 · In force
17. Monitoring compliance
(1)The National Environmental Management Authority shall on behalf of the Council—(a)monitor, investigate and report on whether public and private entities are in compliance with the assigned climate change duties;(b)ascertain that private entities are in conformity with instructions prescribed under section 16 of this Act; and(c)regulate, enforce and monitor compliance on levels of greenhouse gas emissions as set by the Council under this Act.(2)In the performance of this function, the Authority shall—(a)have all powers necessary for purposes of monitoring and investigation including the power to enter premises of any private entity and make an enquiry; and(b)at a reasonable hour, for the purposes of monitoring and investigation, enter any private land or premises to make an inspection or other task related to this function.(3)A person commits an offence if the person—(a)fails to give or refuses to give access to the Authority or its authorised staff who has requested access to any land;(b)hinders the execution by the Authority of the duties under this Act or any other law;(c)fails or refuses to give information that the person may lawfully be required to give to the Authority; or(d)gives false or misleading information to the Authority.(4)A person who commits an offence under subsection (3) is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a period not exceeding five years, or to both.(5)The Authority shall, annually, report to the Council on the performance of functions under this Act, and such report shall form part of the report by the Council to the National Assembly.