ADVOKS GLOBAL · KENYA
Sustainable Waste Management Act
16. Functions of accounting officers of public entities
Edition: 2022-12-31 · In force
16. Functions of accounting officers of public entities
(1)The accounting officer of a public entity shall be responsible for the management of waste generated in the entity in accordance with this Act.(2)Notwithstanding the generality of subsection (1), an accounting officer of a public entity shall ensure that—(a)any person who is in charge of or controls a facility or premises which is under the jurisdiction of the accounting officer and which generates waste shall minimise the waste generated by adopting the following cleaner production principles including—(i)improvement of production processes through conservation of raw materials and energy;(ii)eliminating the use of toxic raw materials;(iii)reducing toxic emissions and waste;(iv)monitoring the product cycle by—(A)identifying and eliminating potential negative impacts of the product;(B)enabling the recovery and reuse of the product;(C)reclamation and recycling; and(D)incorporating environmental concerns in the design process and disposal of a product;(b)any person whose activities generate waste shall collect, segregate and dispose of or cause to be disposed of the waste in accordance with this Act;(c)any person whose activities generate waste ensures that the waste is transferred to a person who is licensed to transport and dispose of the waste in accordance with this Act;(d)the entity cleans up and restores the site to its natural state or near its natural state;(e)the entity prepares a waste management plan and integrates the plan in its corporate strategy and plan; and(f)the entity has provided waste receptacles at its premises for organic, plastic and general dry waste and the waste generated is recycled through a licensed service provider.(3)Notwithstanding the provisions of this section, a person in charge of an entity who, in the discharge of his or her duties, is involved in waste generation or disposal processes shall be responsible for his or her actions and omissions.(4)A person in charge of a public entity that discharges waste contrary to the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding one million shillings or a term of imprisonment not exceeding one year or both.(5)An officer of an entity who discharges waste contrary to the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand shillings or imprisonment for a term not exceeding six months or both.