ADVOKS GLOBAL · KENYA
Energy Act
115. Offences and attempted offences
Edition: 2022-12-31 · In force
115. Offences and attempted offences
(1)A person who—(a)being the owner or operator of a facility that produces energy using coal or being a transporter of coal for energy production, fails to institute appropriate environmental, health or safety control measures;(b)being the owner or operator of a facility that produces energy using coal or transporter of coal for energy production, contravenes the provisions of this Act or any regulations made thereunder relating to the construction or operation of a facility that produces energy using coal;(c)maliciously misinforms the public leading to economic sabotage;(d)illegally acquires any interest in public land set aside for development of facilities intended to produce energy using coal;(e)being the owner of a facility that produces energy using coal, contravenes the provisions of this Act relating to the construction such facility;(f)owns or operates an unlicensed facility that produces energy using coal; or(g)constructs any facility defined in section 107 without obtaining a construction permit;commits an offence and shall on conviction, be liable to a fine of not less than—(i)two hundred thousand shillings or a term of imprisonment of not less than one year or to both such fine and imprisonment if the offence relates to paragraphs (a) or (b); or(ii)one million shillings or a term of imprisonment of not less than one (1) year or to both such fine and imprisonment, if the offence relates to paragraphs (c), (d), (e), (f) or (g).(2)A person who attempts to do any such thing as mentioned in subsection (1) commits an offence and shall on conviction, be liable to a fine of not less than—(a)one hundred thousand shillings or a term of imprisonment of not less than six months or to both such fine and imprisonment if the offence relates to subsections (1)(a) or (b); and(b)one million shillings or a term of imprisonment of not less than three years or to both such fine and imprisonment if the offence relates to subsections (1)(c), (d), (e) (f) or (g).