The National Environment Management Authority (NEMA) has refuted circulating reports alleging the introduction of new fines aimed at enhancing environmental management in Kenya. The viral graphic in question suggested that NEMA could impose fines of up to Ksh1 billion on both private and public companies, with individuals facing penalties of up to Ksh6 million.
According to the misleading graphic, establishments violating noise pollution regulations would be subject to a Ksh10 million fine.
Additionally, those involved in the manufacturing, importing, selling, or using of plastic carrier bags would face fines reaching Ksh100 million. This would be a 100 per cent increase on the fines.
Under the Environmental Management and Co-ordination Act, the possession or use of banned plastic bags is punishable by fines ranging from Ksh2 million to Ksh4 million, imprisonment for one to two years, or both.
The graphic, now stamped fake, also claimed that poor waste management practices, such as driving without a dustbin, littering from commercial buildings, and disposing of waste on roadsides, would attract fines of Ksh6 million.
Depositing rubbish in water bodies like rivers, streams, channels, or lakes was purportedly set to incur a Ksh6 million fine, while damaging wetlands would result in a Ksh3 million penalty. The law at the moment dictates that polluting the environment, including discharging dangerous materials into land, water, air, or aquatic environments, is punishable by fines between Ksh2 million and Ksh5 million.
At the moment, the laws dictate that violating environmental standards or using natural resources wastefully can lead to imprisonment of one to four years, fines ranging from Ksh2 million to Ksh4 million, or both.
Furthermore, the graphic alleged that failure to conduct environmental impact assessments or risk assessments for corporate bodies or factories would lead to a Ksh1 billion fine for individuals or a 15-year imprisonment.
According to the Environmental Management and Co-ordination Act, failure to submit a project report or prepare an environmental impact assessment report can result in imprisonment for up to 24 months or fines up to Ksh2 million, or both.
Mismanagement of records, including fraudulent alterations or false statements, carries penalties of one to four years in prison and fines between Ksh2 million and Ksh4 million, or both.
NEMA has categorically dismissed these claims as false. Under the current Environmental Management and Co-ordination Act, the penalties for environmental offenses are as follows:
For obstructing an environmental inspector or failing to comply with lawful orders, offenders face imprisonment ranging from one to four years, or fines between Ksh2 million and Ksh4 million, or both.
Mismanagement of hazardous wastes, materials, chemicals, or radioactive substances may result in fines of at least Ksh1 million, imprisonment for at least two years, or both.
Non-compliance with environmental restoration orders, tribunal orders, easements, or conservation orders can lead to imprisonment of one to four years, fines ranging from Ksh2 million to Ksh4 million, or both.
For general offenses not specifically outlined in the Act, penalties include imprisonment for one to four years, fines between Ksh2 million and Ksh4 million, or both.
Failure to segregate household waste into organic and non-organic categories can attract a fine of Ksh20,000 or imprisonment for six months, or both.
