ADVOKS GLOBAL · KENYA
Environmental Management and Co-ordination Act
142. Offences relating to pollution
Edition: 2022-12-31 · In force
142. Offences relating to pollution
(1)Any person who—(a)discharges any dangerous materials, substances, oil, oil mixtures into land, water, air, or aquatic environment contrary to the provisions of this Act;(b)pollutes the environment contrary to the provisions of this Act;(c)discharges any pollutant into the environment contrary to the provisions of this Act, commits an offence and shall on conviction, be liable to a fine not less than two million shillings but not more than five million shillings.(2)In addition to any sentence that the Court may impose upon a polluter under subsection (1) of this Section, the Court may direct that person to—(a)pay the full cost of cleaning up the polluted environment and of removing the pollution;(b)clean up the polluted environment and remove the effects of pollution to the satisfaction of the Authority.(3)Without prejudice to the provisions of subsections (1) and (2) of this section, the court may direct the polluter to meet the cost of the pollution to any third parties through adequate compensation, restoration or restitution.