ADVOKS GLOBAL · KENYA
Environmental Management and Co-ordination (Deposit Bonds)(No. 2) Regulations, 2025
14. Confiscation of a deposit bond.
Edition: 2025-03-24 · In force
14. Confiscation of a deposit bond.
(1)The Authority may, pursuant to section 28(4), confiscate a deposit bond where the operator breaches the provisions of the Act and these Regulations.(2)Where the Authority intends to confiscate a deposit bond, the Authority shall issue a notice, in writing, of the intended confiscation to the operator.(3)The operator shall be required to respond to the notice under subregulation (2) within fourteen days of receipt of the notice.(4)Where the operator fails to respond to the notice as required under subregulation (3), the Authority may confiscate the deposit bond without any further reference to the operator.(5)Where the Authority receives a response from the operator under subregulation (3), the Authority shall grant the operator an opportunity to be heard and in this regard, schedule a date for the hearing that shall be at least fourteen days after the response by the operator.(6)The decision of the Authority shall be communicated to the operator within fourteen days from the date of the hearing.(7)Upon hearing a matter under this regulation, the Authority may—(a)issue a notice requiring the operator to restore the affected media within the time specified by the Authority;(b)where the operator fails to remediate the affected media to the satisfaction of the Authority, the Authority shall confiscate and within sixty days initiate the process to use the deposit towards restoration of the affected media and thereafter prepare and publish a financial report in the Gazette on how the funds in the deposit bond were utilised; or(c)cancel any license issued to the operator under the Act on the advice of the Committee, where the operator has become a habitual offender.(8)Where the cost of remediation exceeds the deposit bond amount confiscated, the balance of such costs shall be recovered from the operator.(9)Where the Authority confiscates a deposit bond and the operator is dissatisfied with the confiscation, the operator may, pursuant to section 28(5) of the Act, refer the matter to a competent court of law within sixty days of the decision of the Authority.