ADVOKS GLOBAL · KENYA
Sustainable Waste Management Act
6. Waste Management Council
Edition: 2022-12-31 · In force
6. Waste Management Council
(1)There shall be a council to be known as the Waste Management Council which shall be established by the Cabinet Secretary within one year of the coming into operation of this Act.(2)The Council shall comprise of—(a)a Chairperson appointed by the President;(b)one person nominated by the Council of County Governors who shall be the vice-chairperson;(c)the Principal Secretary in the Ministry for the time being responsible for matters relating to waste management or a designated representative;(d)the Principal Secretary in the Ministry for the time being responsible for National Treasury or a designated representative;(e)the Director-General of the Authority;(f)four other persons appointed by the Cabinet Secretary being—(i)one person nominated by the registered association representing the largest number of entities in the private sector;(ii)one person nominated by the registered association representing the largest number of entities in the manufacturing sector; and(g)two persons with professional qualifications in waste management, one of whom shall represent civil society organizations.(3)The Council may co-opt not more than three members at any given time with relevant expertise when needed, who shall advise the Council on specific matters relating to sustainable waste management.(4)Except for members appointed under subsection (2)(c), (d) and (e), a person shall be qualified for appointment as chairperson or member of the Council if such person—(a)is a citizen of Kenya;(b)holds relevant academic and professional qualifications including a university degree in waste management, environmental engineering; environmental management, environmental studies, biology, chemistry or civil engineering;(c)has at least ten years' experience in the relevant field; and(d)fulfils the requirements of Chapter 6 of the Constitution.(5)In making appointments of the members to the Council, the Cabinet Secretary shall observe regional balance, gender, age, disability and ethnic balance.(6)A person shall not be qualified for appointment as chairperson or member of the Council if such person—(a)is a member of Parliament or a county assembly;(b)is a member of a local authority;(c)is an undischarged bankrupt; or(d)has been removed from office for contravening the provisions of the Constitution or any other written law.(7)The office of the chairperson or a member of the Council shall become vacant if the holder—(b)resigns from office in writing addressed to the Cabinet Secretary;(c)is absent from three consecutive meetings of the Council without good cause; or(d)is removed from office under subsection (8).(8)A person may be removed as a chairperson or member of the Council if that person—(a)is absent without permission of the Chairperson or the Cabinet Secretary in the case of the Chairperson, from three consecutive meetings of the Council;(b)contravenes the provisions Chapter Six of the Constitution;(c)is incapacitated by prolonged physical or mental illness and is unable to discharge the duties of his or her office;(d)is convicted of an offence and imprisoned for a term of more than six months;(e)fails to comply with the provisions of the Act relating to disclosure of interest; or(f)is adjudged bankrupt or enters into a composition scheme or arrangement with his or her creditors.(9)The Chairperson and the members of the Council appointed under subsection 2(f) shall hold office for a term of three years and shall be eligible for re-appointment for one further term of three years.(10)The conduct of business of the Council shall be in accordance with the First Schedule.(11)The Cabinet Secretary shall establish a waste management secretariat for the waste management council.