Environmental Management and Co-ordination (Deposit Bonds)(No. 2) Regulations, 2025

The Regulations may be cited as the Environmental Management and Co-ordination (Deposit Bonds) (No. 2) Regulations, 2025.

AI-assisted research synopsis — verify against the official legal text below.

Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 67 of 2025
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

The Regulations may be cited as the Environmental Management and Co-ordination (Deposit Bonds) (No. 2) Regulations, 2025. This section provides definitions of terms used in the Regulations, such as "abandoned land", "affected media", "applicant", "remediation", and others. The Regulations apply to activities, industrial plants and undertakings listed in the First Schedule that have or are likely to have adverse effects on the environment. These Regulations prescribe the procedure for managing a deposit bond. Non-applicability of the deposit bond.

Read the provisions Ask with citations

Search within this statute

Search all stored provisions in this version.

Legal text

Provisions of Environmental Management and Co-ordination (Deposit Bonds)(No. 2) Regulations, 2025

Showing 19 of 19

Part I

PRELIMINARY PROVISIONS

1
PRELIMINARY PROVISIONS - 1. Citation.

AI-assisted research summary: The Regulations may be cited as the Environmental Management and Co-ordination (Deposit Bonds) (No. 2) Regulations, 2025.

Section 1. Citation. Section These Regulations may be cited as the Environmental Management and Co-ordination (Deposit Bonds) (No. 2) Regulations, 2025.
2
PRELIMINARY PROVISIONS - 2. Interpretation.

AI-assisted research summary: This section provides definitions of terms used in the Regulations, such as "abandoned land", "affected media", "applicant", "remediation", and others.

Section 2. Interpretation. Section In these Regulations, unless the context otherwise requires— “abandoned land” means a degraded environment where the perpetrator is not identifiable; “affected media” means land, water, air, or any other natural resource that has been polluted, contaminated or degraded; “applicant” means any person who submits a Deposit Bond Assessment Report to the Authority for consideration and approval; “bond discharge certificate” means an authorisation issued by the Authority certifying that the remediation works have met all completion criteria, specifications and standards for the refund of a deposit bond; “Committee” means the Technical Advisory Committee established under regulation 18; “competent expert” means a multi-skilled team having knowledge in environmental valuation, law or actuary and led by an environmental assessment expert or firm licensed by the Authority; “environmental emergency” means the sudden onset of disasters, accidents or unexpected condition or situation resulting from technological or human-induced factors, or a combination of both, that in the reasonable opinion of the Authority, materially or adversely, or is likely to materially or adversely cause severe damage to all or to a significant part thereof, or which presents a physical threat to persons or property or the environment; “facility” means a place where any of the activities set out in the First Schedule is undertaken; “good environmental practice” means a sustainable or environmentally responsible practice that is undertaken in accordance with the provisions of the Act or any other existing law; “industrial plant” means any plant undertaking manufacturing, engineering or trade activities as set out in the First Schedule; “notice of confiscation” means a notice issued by the Authority for the purposes of confiscation of a deposit bond; “operator” means a registered proprietor of the any of the activities set out in the First Schedule; “proponent” means a person proposing or executing any project, programme or undertaking set out in the First Schedule; “Register” means a Deposit Bond Register maintained under these Regulations; and “remediation” means rehabilitation, clean-up, restoration, post-care, maintenance and compatible after-use activities.
3
PRELIMINARY PROVISIONS - 3. Application

AI-assisted research summary: The Regulations apply to activities, industrial plants and undertakings listed in the First Schedule that have or are likely to have adverse effects on the environment.

Section 3. Application Section These Regulations shall apply to activities, industrial plants and undertakings set out in the First Schedule which have or are likely to have adverse effects on the environment.
4
PRELIMINARY PROVISIONS - 4. Purpose of the Regulations.

AI-assisted research summary: These Regulations prescribe the procedure for managing a deposit bond.

Section 4. Purpose of the Regulations. Section The purpose of these Regulations is to prescribe the procedure for managing a deposit bond.

Part II

MANAGEMENT OF DEPOSIT BONDS

10
MANAGEMENT OF DEPOSIT BONDS - 10. Non-applicability of the deposit bond.

AI-assisted research summary: Non-applicability of the deposit bond.

Section 10. Non-applicability of the deposit bond. Section an exemption for non-compliance to applicable provisions of the Act; and
11
MANAGEMENT OF DEPOSIT BONDS - 11. Reassessment of a deposit bond.

AI-assisted research summary: Reassessment is triggered if there has been an error in the original assessment of a deposit bond.

Section 11. Reassessment of a deposit bond. Section there has been an error in the original assessment;
12
MANAGEMENT OF DEPOSIT BONDS - 12. Review of the deposit bond payable.

AI-assisted research summary: The Authority may review the deposit bond to ensure it is adequate for the approved remediation plan; reviews may be based on operation complexity or carried out every three years or another period approved by the Authority.

Section 12. Review of the deposit bond payable. Section 12(1) The Authority may conduct a review of the deposit bond payable under these Regulations to ensure adequacy of the deposit bond with regard to the approved remediation plan. Section 12(2)(a) conducted depending on the complexity of the operation, long-term care and progressive remediation works required; or Section 12(2)(b) carried out every three years, or any other period as may be approved by the Authority.
13
MANAGEMENT OF DEPOSIT BONDS - 13. Refund of a deposit bond.

AI-assisted research summary: The Authority must inspect and, after confirming good environmental practices, refund the deposit bond; operators must notify the Authority with a remediation report within 60 days of nearing completion.

Section 13. Refund of a deposit bond. Section 13(1) The Authority shall, pursuant to section 28(3) of the Act, issue a refund of a deposit bond amount after inspecting an operation and establishing that the operator has observed good environmental practices. Section 13(2) An operator shall within sixty days of nearing completion of an operation, notify the Authority when an operation is approaching closure and end of remediation works by submitting a remediation report demonstrating the completion of the remediation works is done in accordance with the parameters set out under subregulation (4). Section 13(3) The Authority shall inspect the facility within sixty days from the date of submission of the remediation report under subregulation (2), to ensure compliance with the conditions, specifications and standards set out in the approval document, annual environmental audit reports, remediation, post care and maintenance plans and initiate the processing of a bond discharge certificate as set out in the Second Schedule. Section 13(4)(a) the public safety of the site; Section 13(4)(b) the stability of the site under a range of seasonal conditions representative of that climate; Section 13(4)(c) the ecological system recovery at the site; Section 13(4)(d) the sampling and analysis of applicable parameters; Section 13(4)(e) the state of recovery in comparison to the surrounding area; Section 13(4)(f) the aesthetic value of the site; Section 13(4)(g) the time scales to meet the required remediation level; Section 13(4)(h) the compliance history of the operator; Section 13(4)(i) the compatible after-use plans of the site; Section 13(4)(j) the involvement of stakeholders, project affected populations and surrounding community; and Section 13(4)(k) any other factor as may be determined by the Authority. Section 13(5) The deposit bond determined in accordance with these Regulations shall be refunded without interest to the operator within six months after issuance by the Authority of the bond discharge certificate.
14
MANAGEMENT OF DEPOSIT BONDS - 14. Confiscation of a deposit bond.

AI-assisted research summary: The Authority may confiscate a deposit bond for operator breaches; it must issue written notice before confiscation, the operator must respond within 14 days, and the Authority must allow a hearing and communicate its decision within 14 days of the hearing. If remediation fails the Authority shall confiscate and within 60 days use the deposit towards restoration and publish a financial report; the operator may refer to court within 60 days of the decision.

Section 14. Confiscation of a deposit bond. Section 14(1) The Authority may, pursuant to section 28(4), confiscate a deposit bond where the operator breaches the provisions of the Act and these Regulations. Section 14(2) Where the Authority intends to confiscate a deposit bond, the Authority shall issue a notice, in writing, of the intended confiscation to the operator. Section 14(3) The operator shall be required to respond to the notice under subregulation (2) within fourteen days of receipt of the notice. Section 14(4) Where the operator fails to respond to the notice as required under subregulation (3), the Authority may confiscate the deposit bond without any further reference to the operator. Section 14(5) Where the Authority receives a response from the operator under subregulation (3), the Authority shall grant the operator an opportunity to be heard and in this regard, schedule a date for the hearing that shall be at least fourteen days after the response by the operator. Section 14(6) The decision of the Authority shall be communicated to the operator within fourteen days from the date of the hearing. Section 14(7)(a) issue a notice requiring the operator to restore the affected media within the time specified by the Authority; Section 14(7)(b) where the operator fails to remediate the affected media to the satisfaction of the Authority, the Authority shall confiscate and within sixty days initiate the process to use the deposit towards restoration of the affected media and thereafter prepare and publish a financial report in the Gazette on how the funds in the deposit bond were utilised; or Section 14(7)(c) cancel any license issued to the operator under the Act on the advice of the Committee, where the operator has become a habitual offender. Section 14(8) Where the cost of remediation exceeds the deposit bond amount confiscated, the balance of such costs shall be recovered from the operator. Section 14(9) Where the Authority confiscates a deposit bond and the operator is dissatisfied with the confiscation, the operator may, pursuant to section 28(5) of the Act, refer the matter to a competent court of law within sixty days of the decision of the Authority.
15
MANAGEMENT OF DEPOSIT BONDS - 15. Appeals.

AI-assisted research summary: Lists specific types of decisions about deposit bonds that are the subject of appeals.

Section 15. Appeals. Section 15(1)(a) the determination of the amount of the deposit bond payable under these Regulations; Section 15(1)(b) the confiscation of a deposit bond by the Authority; Section 15(1)(c) the refundable amount of a deposit bond; Section 15(1)(d) the imposition by the Authority of any condition, limitation or restriction in the approval condition pertaining to deposit bond; or Section 15(1)(e) any other decision made by the Authority relating to the payment of a deposit bond by that person.
5
MANAGEMENT OF DEPOSIT BONDS - 5. Management of deposit bonds.

AI-assisted research summary: The Director-General is responsible for managing deposit bonds and must carry out tasks including maintaining a register, reviewing assessments and reports, issuing approvals and notices, recommending payment prescriptions to the Cabinet Secretary, conducting joint inspections, receiving remediation reports, preparing annual reports, and performing other activities conferred by law.

Section 5. Management of deposit bonds. Section 5(1) The Director-General shall be responsible for the management of deposit bonds. Section 5(2)(a) prepare and maintain a register of activities, industrial plants and undertakings that require deposit bonds; Section 5(2)(b) review the terms of reference developed by the competent experts in carrying out a deposit bond assessment; Section 5(2)(c) review the Deposit Bond Assessment Report to determine the adequacy and reliability of deposit bonds payable to the Restoration Fund; Section 5(2)(d) issue approvals on Deposit Bonds Assessment Reports and notices of the deposit bonds payable to the persons liable to pay the deposit bond; Section 5(2)(e) make recommendations to the Cabinet Secretary on the prescription of payments of deposit bonds by the Cabinet Secretary responsible for finance, pursuant to section 28(2) of the Act; Section 5(2)(f) undertake a joint inspection and monitoring with the relevant county government or lead agency to determine compliance with good environmental practices in line with the approval on terms and conditions based on the Deposit Bond Assessment Report; Section 5(2)(g) receive periodic status reports of any on-going remediation work from the operators; Section 5(2)(h) prepare annual reports on deposit bonds received, refunded, confiscated, status of sites remediated and matters which have been determined or are pending before the Tribunal; and Section 5(2)(i) undertake any other activity, as may be conferred on it under the Act or any other law.
6
MANAGEMENT OF DEPOSIT BONDS - 6. Maintenance of Register.

AI-assisted research summary: The Authority must keep and maintain a Deposit Bonds Register of activities, industrial plants or undertakings likely to have an adverse effect on public health and the environment.

Section 6. Maintenance of Register. Section Pursuant to section 28(1) of the Act, the Authority shall keep and maintain a Deposit Bonds Register of activities, industrial plants or undertakings which are likely to have adverse effect on public health and the environment.
7
MANAGEMENT OF DEPOSIT BONDS - 7. Contents of Register.

AI-assisted research summary: Lists "Section name of the facility" as a content item for the register.

Section 7. Contents of Register. Section name of the facility;
8
MANAGEMENT OF DEPOSIT BONDS - 8. Determination of a Deposit Bond for facilities in operation.

AI-assisted research summary: Project proponents must ensure a Deposit Bond Assessment Report is prepared for listed projects likely to have significant adverse environmental effects; false or misleading data is an offence.

Section 8. Determination of a Deposit Bond for facilities in operation. Section 8(1) Each project proponent shall ensure that a Deposit Bond Assessment Report is prepared on the any project set out in the First Schedule likely to have significant adverse effects on the environment when operated in a manner that is not in conformity with good environmental practices. Section 8(2) The Deposit Bond Assessment Report prepared under subregulation (1) shall be prepared by a competent expert in accordance with terms of reference approved by the Authority. Section 8(3)(a) the proposed location of the project; Section 8(3)(b) site characteristics for a facility in operation; Section 8(3)(c) a clear description of the activities being undertaken at the facility; Section 8(3)(d) evidence of integrated environmental assessment or environmental audit where applicable; Section 8(3)(e) the environmental management systems in place; Section 8(3)(f) the existing environmental levies or other insurance covers that the facility may have; Section 8(3)(g) a remediation, post-care and maintenance plan, including the required standards of remediation works, the activities involved, time frame, cost and the monitoring mechanism; Section 8(3)(h) an analysis of the amount of deposit bond payable in respect of the projected cumulative risks of the project activities to the recipient environment and affected media and persons as shall be prescribed by the Cabinet Secretary responsible for matters relating to finance on the recommendation of the Cabinet Secretary; and Section 8(3)(i) details of the operator or proponent who shall be responsible for the execution and completion of remediation works. Section 8(5) A person who provides information or data which is false, incorrect or intended to mislead in relation to this regulation, commits an offence.
9
MANAGEMENT OF DEPOSIT BONDS - 9. Review and approval by the Authority.

AI-assisted research summary: The Authority must review and decide on the Deposit Bond Assessment Report; the project proponent must pay the notified deposit bond to the Restoration Fund within thirty days of the notice (or another period depending on complexity).

Section 9. Review and approval by the Authority. Section 9(1) The Authority shall, in consultation with the relevant lead agencies, review and make a decision on the Deposit Bond Assessment Report based operational standards set by the Authority. Section 9(2)(a) to the operator of the facilities in operation, within thirty days of the submission of the report; and Section 9(2)(b) to the proponent of a proposed project, within thirty days after the issuance of the Integrated Environmental Assessment Licence. Section 9(3)(a) issue an approval of the Deposit Bond Assessment Report; and Section 9(3)(b) issue a notice of the deposit bond payable. Section 9(4)(a) make a decision on the basis of the Authority’s estimate of the deposit bond amount; or Section 9(4)(b) undertake a reassessment of the deposit bond payable. Section 9(5) The project proponent shall pay the deposit bond notified under subregulation (3) to the Restoration Fund within a period of thirty days of the date of the notice or such other period depending on the complexity of the operation, regularity and quantum of payment required.

Part III

MISCELLANEOUS PROVISIONS

16
MISCELLANEOUS PROVISIONS - 16. Offences and penalties.

AI-assisted research summary: A person who commits an offence under these Regulations for which no specific penalty is provided shall, on conviction, be liable to the penalty specified under section 144 of the Act.

Section 16. Offences and penalties. Section A person who commits an offence under these Regulations for which no specific penalty has been provided shall be liable, on conviction, to the penalty specified under section 144 of the Act.
17
MISCELLANEOUS PROVISIONS - 17. Liability on transfer.

AI-assisted research summary: Both the transferee and the transferor of an undertaking listed in the First Schedule are liable for all liabilities and for observing obligations imposed by the transfer; however, the transferor is not responsible for future liabilities or obligations arising after the date of transfer.

Section 17. Liability on transfer. Section The transferee as well as the transferor of an undertaking set out in the First Schedule shall be liable for all liabilities and the observance of all obligations imposed by the transfer in respect of the operation transferred, but the transferor shall not be responsible for any future liabilities or any obligations so imposed with regard to the operation from the date of the transfer.
18
MISCELLANEOUS PROVISIONS - 18. Transitional Clause.

AI-assisted research summary: People carrying out activities, industrial plants or undertakings listed in the First Schedule must comply with these Regulations within twelve months of commencement; failure to comply is an offence.

Section 18. Transitional Clause. Section 18(1) A person who is carrying out an activity, industrial plant or undertaking set out in the First Schedule shall, within twelve months of the commencement of these Regulations, comply with the provisions of these Regulations. Section 18(2) A person who fails to comply with subregulation (1) commits an offence.
19
MISCELLANEOUS PROVISIONS - 19. Revocation.

AI-assisted research summary: The Environmental Management and Co-ordination (Deposit Bonds) Regulations (L.N. No. 19/2025) are revoked.

Section 19. Revocation. Section The Environmental Management and Co-ordination (Deposit Bonds) Regulations (L.N. No. 19/2025), are revoked.

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

About this LexChat collection

Publisher and coverage

LexChat is published by Esheria. Coverage reflects the legislation currently mapped from identified source collections; it may be incomplete, delayed, or later corrected. The official source controls where it differs from this research page.

AI and research method

AI-generated material is explicitly labelled and published only through LexChat's quality controls. It is a research aid, not the source document.

Corrections and reporting

Report a source mismatch, factual issue, personal-data concern, or licensing question to support@esheria.co.ke. Include this page's URL and the supporting official source so the record can be reviewed, corrected, restricted, or withdrawn.

Legal-information disclaimer

LexChat provides legal information and research tools, not legal advice. Verify currency, status, citations, and jurisdiction with authoritative sources and a qualified professional where appropriate.