Stringent measures in Bill that seeks to keep environment clean

John Kaguchia

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,

Photo credit: Joseph Kanyi | Nation Media Group

What you need to know:

  • The Bill states that any hotel, resort, lodging or boarding facility that does not conform to the provisions constitutes a public nuisance.
  • For public service vehicles and taxis, the Bill stipulates that they must have receptacles for garbage collection or face a fine of Sh10,000.

Hospital owners and operators of food establishments face a fine of up to Sh500,000 for failing to provide adequate mechanisms for waste management and disposal if MPs pass a Bill set to be introduced in the House.

The Environmental Health and Sanitation Bill, 2023, sponsored by Mukurweini MP John Kaguchia, seeks to ensure that all Kenyans enjoy their right to reasonable standards of sanitation, clean and healthy environment.

According to the Bill, hospital owners risk being fined Sh500,000 or imprisonment not exceeding one year or both if they fail to develop and maintain a facility sanitation and healthcare waste management plan.

They are also required to provide adequate sanitary accommodations, shower rooms for each gender and persons with disability, adequate capacity to clean all dishes, utensils and equipment related to food production, as well as ensure all sewage is disposed of through a sewage disposal system

The Bill also stipulates that those operating food establishments will be required to get authority from the county health authority and keep records of any necessary information on their sources of food, failure to which they will be liable to a fine of Sh500,000 or a jail term not exceeding three months, or both.

According to the Bill, those be employed in food handling in a food establishment must obtain a certificate of medical examination issued by county health authorities and be vaccinated against any infectious diseases.

“A person who contravenes this section commits an offence and shall be liable to affine not exceeding Sh200,000 or imprisonment for a term not exceeding three months, or both,” states the Bill

Clean and safe water

Owners and operators of hotels, resorts, cafes, restaurants, lodgings and other accommodation or boarding facilities also face a fine of not less than Sh50,000 or a jail term not exceeding three months, or both, if they fail to supply clean and safe water, have an approved sewerage system, as well as a waste water and solid waste management system.

In addition, the facilities will be required to enforce food hygiene and sanitation standards and provide clean and sanitary sheets, towels, napkins, pillowcases or any other bedding.

The Bill states that any hotel, resort, lodging or boarding facility that does not conform to the provisions constitutes a public nuisance.

Uhuru Park

Members of the public relax in Uhuru Park, Nairobi on Christmas Day. Such public parks will be required to have adequate sanitation facilities before they are allowed to operate if a Bill set to be tabled in the National Assembly becomes law. Wilfred Nyangaresi | Nation Media Group

“A person who contravenes the provisions of this section shall be guilty of an offence and liable to a fine of not less than 50,000 or to a term of imprisonment not exceeding three months or to both,” reads the Bill

Bus and railway stations, service stations, rest areas, bazaars, fairgrounds and showgrounds will also be required to ensure that their premises meet prescribed construction and maintenance standards, provide toilet facilities for each gender and persons with disabilities.

They will also be required to supply clean water for drinking and running water and soap for hand washing, designate smoking zones and prevent any public nuisance.

Those who will contravene these provisions are liable to affine of not less than Sh50,000 or to a term of imprisonment not exceeding three months, or both.

Garbage collection

“No bus station, railway station, port, service station, rest area, bazar, fairground, public park, showground or other similar establishment shall be open for public use unless it is equipped with sufficient sanitary conveniences to meet the needs of the public,” states the Bill.

For public service vehicles and taxis, the Bill stipulates that they must have receptacles for garbage collection or face a fine of Sh10,000

The Bill provides that all private and public schools shall provide safe water for drinking and hand and face washing facilities, adequate toilets for each gender and persons with disabilities, and adequate sewerage system.

Heads of schools that will contravene this provision will be liable to a fine of not less than Sh50,000 or to a jail term not exceeding three months, or both.

Further, the Bill stipulates that all spas, massage parlours, gymnasia, saunas, barber shops or other beauty establishments shall not be allowed to operate without first obtaining a sanitary license after instituting measures necessary to prevent the creation and spread of infectious and contagious diseases.

Those found guilty of operating without the required license will be liable to a fine of not less than Sh50,000 or imprisonment for a term not exceeding three months, or both.

According to the Bill, it will now be mandatory owners, occupiers or any other person in charge of any land, or premises whose frontage is on any public street, highway or footway or underpass to keep the immediate vicinity of such premises clean.

“A person who contravenes the provisions of this section commits an offence and shall be liable to a fine not exceeding Sh200,000 or to imprisonment for a term not exceeding three months, or both,” reads the Bill.