Answering call of nature in public? You risk being jailed for 90 days
Mukurweini MP John Kaguchia addresses wananchi at Kariara village in Nyeri County on August 7, 2023. He has sponsored The Environmental Health and Sanitation Bill, 2023,
Be warned as you prepare to answer that call of nature on public or private land or near a river as you could be jailed for 90 days or fined Sh5,000 or both if MPs pass a Bill currently before the House.
The Environmental Health and Sanitation Bill, 2023, sponsored by Mukurweini Member of Parliament John Kaguchia, seeks to ensure that all Kenyans enjoy their right to reasonable standards of sanitation and a clean and healthy environment.
According to the Bill, if enacted into law, it will be an offence for any person to urinate or defecate in the open on any private or public land, road, pavement, path, park, beach, water body or any other place open to the public.
The Bill also makes it an offence for a person who allows urine or faeces to flow or drain into a lake, river, stream, watercourse or public place, or who urinates or defecates in a public place and fails to clean up or remove the deposited material immediately.
“A person who contravenes the sub-sections shall be guilty of a crime and shall be liable on conviction to a fine not less than Sh5, 000 or to imprisonment for a term of three months or both,” reads the Bill.
The Bill states that every county government, city or urban authority shall establish interventions to promote the elimination of open defecation.
Open defecation refers to the practice of depositing human stool in fields, forests, bushes, bodies of water, or other open spaces, particularly in areas where there is no access to improved faeces disposal systems.
According to the World Health Organization, 420 million people worldwide practice open defecation.
This poses a serious threat to public health because it can contaminate drinking water and spread diseases such as cholera, diarrhoea and dysentery.
Poor hygiene
According to the United Nations Children's Fund (UNICEF), faecal contamination of the environment and poor hygiene practices remain a leading cause of child mortality, morbidity, malnutrition and stunting, and can have a negative impact on cognitive development.
The UN has called for the elimination of open defecation by 2025, which is incorporated in the Sustainable Development Goals (SDGs).
The Bill also prohibits the use of untreated wastewater or sludge on agricultural land, unless it is treated and confirmed to meet set standards.
“No person shall sell or supply sludge for use on agricultural land if he or she knows or has reason to believe that such is untreated or that the requirements above will not be fulfilled when this is so used,” reads the Bill.
The proposed legislation states that where the use of sludge or sewage on agricultural land is permitted, it must be applied in a way that takes into account the nutrient needs of crops and that does not adversely affect the quality of soil, surface water and groundwater.
“A person who contravenes this section commits an offence and shall be liable to fine not less than Sh500,000 or to a term of imprisonment not exceeding 14 months or both,” reads the Bill.
The Bill seeks to implement the provision of the constitution which requires the state to take necessary legislative, policy and other measures including the setting of standards to achieve the progressive realisation of the rights guaranteed under the Bill of Rights which include the right to a clean and healthy environment.
The main objective of the Bill is to prevent and reduce health risks associated with environmental hazards and to tackle the social and economic costs of preventable diseases associated with poor sanitation and environmental pollution.
