ADVOKS GLOBAL · KENYA
Nuclear Regulatory Act
30. Enforcement
Edition: 2022-12-31 · In force
30. Enforcement
(1)Where an inspector determines that an activity is being conducted in violation of the provisions of this Act or that the activity poses an immediate risk of injury or damage to persons, property or the environment, the inspector may—(a)immediately order the temporary suspension of the activity;(b)order the authorized person to prohibit workers who do not meet applicable requirements from engaging in the activity;(c)order that nuclear material, radioactive material or any other apparatus generating ionizing radiation originating from a suspended activity or facility be safely and securely stored; and(d)take any other action as may be prescribed under the provisions of this Act.(2)An order issued by an inspector under subsection (1) shall continue to be in force unless—(a)withdrawn by the inspector;(b)reversed or modified by the Authority; or(c)modified or altered through an administrative or judicial review.(3)An inspector who undertakes any enforcement action specified in subsection (1) shall prepare a report indicating the reasons for his action and identifying the evidentiary basis for his findings including measurements, test samples, explanations and any other relevant information.(4)The report prepared under subsection (3) shall be made available to the authorized person who shall have the right to submit explanations or objections within the time specified by the Authority.(5)The Authority may prescribe the circumstances under which the prior approval of the Authority shall be obtained by an inspector prior to taking any of the actions specified in subsection (1).