Nuclear Regulatory Act

Section 1. Short title Section This Act may be cited as the Nuclear Regulatory Act.

Section 2. Interpretation Section a nuclear facility or any other location that the authorized person has control over;

Section 3. Objects and purposes of the Act Section regulate the safe, secure and peaceful development, production, possession, use, storage, transport, transfer, disposal or handling of nuclear and radioactive materials, activities and facilities and other apparatus generating radiation; and

Section 4. Application of the Act Section 4(1) This Act shall apply to any person dealing with nuclear or radioactive material, activities or facilities and other apparatus generating radiation. Section 4(2) The Authority may, subject to the provisions of this Act, exempt any activity, facility or source from the application of this Act.

Section 5. Establishment of the Authority Section 5(1) There is hereby established an Authority to be known as the Kenya Nuclear Regulatory Authority. Section 5(2)(a) suing and being sued; Section 5(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 5(2)(c) borrowing money and lending money; Section 5(2)(d) entering into contracts; and Section 5(2)(e) performing all other acts for the furtherance of the provisions of this Act. Section 5(3) The headquarters of the Authority shall be in Nairobi or such other place as the Authority may, by resolution, determine

Section 6. Functions of the Authority Section ensure the safe, secure and peaceful use of nuclear science and technology;

Section 7. Powers of the Authority Section 7(1) The Authority shall have all the powers necessary for the execution of its functions under this Act and any other written law. Section 7(2)(a) control, supervise and administer all assets in such manner and for such purpose as best promotes the purpose of its establishment; Section 7(2)(b) determine the provisions to be made for its capital and recurrent expenditure and for its reserves; Section 7(2)(c) receive any grants, gifts, donations or endowments and make legitimate disbursements therefrom; Section 7(2)(d) levy such fees as it may determine necessary; Section 7(2)(e) enter into association with other bodies or organizations within or outside Kenya as may be desirable or appropriate in furtherance of the purpose for which it is established; Section 7(2)(f) open bank accounts for its funds; Section 7(2)(g) invest any of its funds not immediately required for its purposes in the manner provided under section 20 ; Section 7(2)(h) hold inquiries and gather any relevant information including requisition of reports, records, documents and any information from any source including any state organ and to compel the production of such in...

Section 8. Composition of the Board Section 8(1)(a) a non-executive Chairperson who shall be appointed by the President; Section 8(1)(b) the Principal Secretary of the Ministry responsible for internal security or his or her representative; Section 8(1)(c) the Principal Secretary of the National Treasury or his or her representative; Section 8(1)(d) the Principal Secretary of the Ministry responsible for energy or his or her representative; Section 8(1)(e) the Principal Secretary of the Ministry responsible for education or his or her representative; Section 8(1)(f) the Principal Secretary of the Ministry responsible for health or his or her representative; Section 8(1)(g) the Principal Secretary of the Ministry responsible for defence or his or her representative; Section 8(1)(h) the Attorney-General or his or her representative; Section 8(1)(i) three members appointed by the Cabinet Secretary by virtue of their knowledge and experience of not less than ten years in matters relating to engineering, law, radiation or nuclear related science, environmental or public safety, or finance; and Section 8(1)(j) the Director-General, who shall be an ex officio member. Section 8(2) The Boar...

Section 9. Director-General Section 9(1) There shall be a Director-General who shall be the chief executive officer of the Authority appointed by the Board and whose terms and conditions of service shall be determined by the Board in the instrument of appointment or otherwise in writing from time to time. Section 9(2)(a) has at least a degree in either physical science, nuclear science, engineering, law, social sciences or any other relevant field; and Section 9(2)(b) has at least ten years' experience at management level. Section 9(3) The Director-General shall, subject to the directions of the Board, be responsible for the day to day management of the affairs and staff of the Authority.

Section 10. Staff of the Authority Section The Board may appoint such professional and technical staff for the proper discharge of the functions of the Authority under this Act, on such terms and conditions of service as the Board may determine on the advice of the Salaries and Remuneration Commission.

Section 11. Conduct of business and affairs of the Board Section The conduct and regulation of the business of the Board shall be as provided in the Schedule, but subject thereto, the Board shall regulate its own procedure and the procedure of any of its committees thereof.

Section 12. Remuneration of the Board Section The members of the Board shall be paid such remuneration, fees or allowances as the Cabinet Secretary, in consultation with the Salaries and Remuneration Commission, may determine.

Section 13. Protection from personal liability Section No matter or thing done by a member of the Authority or any officer, employee or agent of the Authority shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Authority, render the member, officer, employee or agent or any person acting by his directions personally liable to any action, claim or demand whatsoever.

Section 14. Liability of Authority for damages Section The provisions for this Act shall not relieve the Authority of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act or by the failure, whether wholly or partially, of any works.

Section 15. Common seal of the Authority Section 15(1) The common seal of the Authority shall be kept in such custody as the Board may direct and shall not be affixed to any instrument or document except as authorized by the Board. Section 15(2) All instruments or documents issued under the common seal of the Authority shall be authenticated under the hand of the Director-General. Section 15(3) The common seal of the Authority, when affixed to a document and duly authenticated shall be judicially and officially noticed and unless and until the contrary is proved, any necessary order or authorization by the Board under this section shall be presumed to have been duly given.

Section 16. Funds for the Authority Section 16(1)(a) monies allocated by the National Assembly for the purposes of the Authority; Section 16(1)(b) such monies or assets as may accrue to the Authority in the course of exercise of its powers, or in the performance of its functions under this Act; and Section 16(1)(c) monies from other sources including loans, grants, or donations to the Authority. Section 16(2) The Authority shall open a bank account for its funds and its balances at the close of each financial year shall not be paid into the Consolidated Fund but shall be retained for the purposes of this Act in accordance with Article 206 (1) (a) and (b) of the Constitution.

Section 17. Financial year Section The financial year of the Authority shall be the period of twelve months ending on the thirtieth of June of every year.

Section 18. Annual estimates Section 18(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Authority for that year. Section 18(2)(a) the payment of salaries, allowances and other charges in respect of the staff of the Authority; Section 18(2)(b) the payment of pensions, gratuities and other charges in respect of the staff of the Authority; Section 18(2)(c) the maintenance, repair and replacement of the equipment and other property of the Authority; Section 18(2)(d) implementation of the regulatory control programme; and Section 18(2)(e) any other expenditure as may be necessary for the carrying out of the objects and functions of the Authority under this Act. Section 18(3) The annual estimates shall be approved by the Authority before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval. Section 18(4) No expenditure shall be incurred for the purposes of the Authority except in accordance with the annual estimates approved under subsection (3).

Section 19. Accounts and Audit Section 19(1) The Board shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Authority. Section 19(2)(a) a statement of income and expenditure during the year; and Section 19(2)(b) a statement of the assets and liabilities of the Authority as on the last day of that year. Section 19(3) The annual accounts of the Authority shall be prepared, audited, and reported upon in accordance with the Public Audit Act (Cap. 412B).

Section 20. Investment of funds Section The Authority may invest any of its funds in securities, trust funds or banks which the National Treasury may from time to time, approve for that purpose.

Section 21. Notifications Section 21(1) A person who intends to engage in any activity shall submit a notification to the Authority of his intention to carry out such activity. Section 21(2) The Authority shall prescribe by regulations a notification regime prescribing the form, manner and time limits within which the notification shall be made.

Section 22. Authorization Section 22(1)(a) specifically authorized by the Authority; or Section 22(1)(b) exempted, wholly or partially from regulatory control, by the Authority. Section 22(2)(a) a detailed description of the activity, nuclear or radioactive material, its intended use and the facility in which it shall be used; Section 22(2)(b) a description of the radiation protection measures and for physical protection of the nuclear or radioactive material or facility; Section 22(2)(c) a plan for the management of radioactive waste resulting from the use of nuclear or radioactive material; and Section 22(2)(d) proof of payment of prescribed fees. Section 22(3)(a) only for activities that can be conducted in a manner that adequately ensures the protection of people, property and the environment; and Section 22(3)(b) upon such other terms and conditions as may be prescribed. Section 22(4) A person who contravenes this section commits an offence and is liable upon conviction to a fine not exceeding five million shillings or imprisonment for a term not exceeding five years or to both.

Section 23. Categories for authorization Section 23(1) The Authority may establish categories of authorization for any activity for a specified period and subject to the terms and conditions specified in the authorization. Section 23(2) The Authority may require an authorized person to submit such reports as the Authority may from time to time request.

Section 24. Suspension, revocation or modification of an authorization Section 24(1)(a) a contravention of this Act; Section 24(1)(b) violation of the terms and conditions of the authorization; or Section 24(1)(c) any circumstance where the Authority determines that continued activity under the authorization would pose a risk to people, property or the environment. Section 24(2) A responsibility arising out of an authorization under this Act shall not be transferred unless with the written approval of the Authority. Section 24(3) An authorization shall cease to be valid when any time limit prescribed under the provisions of this Act lapses or the terms and conditions of the authorization expire.

Section 25. Primary responsibility for safety Section A person authorized to conduct an activity shall have the primary responsibility for the safe and secure conduct of the activity and for ensuring compliance with this Act and all applicable regulations.

Section 26. Right of review of a decision Section 26(1) A person aggrieved by a decision of the Authority under this Part shall have the right to apply to the Authority for a review of the decision. Section 26(2) An application for review under subsection (1) shall be filed with the Authority within thirty days of communication of the decision and shall state the factual, legal and procedural ground on which it is based. Section 26(3) The Authority shall within sixty days of receipt of an application for review, make a finding and communicate the same to the authorized person. Section 26(4) An application for review under this section shall not have the effect of suspending the decision by the Authority. Section 26(5) Nothing under this section stops an applicant from seeking alternative means of redress in a court of law.

Section 27. Inspection objectives and programmes Section 27(1)(a) facilities and activities meet the necessary regulatory requirements; Section 27(1)(b) relevant documents and instructions to authorized persons are valid and are being complied with by the authorized persons, employees or agents; Section 27(1)(c) persons engaged in authorized activities possess the competence necessary for their functions; Section 27(1)(d) deficiencies and deviations from authorization requirements are remedied without undue delay; and Section 27(1)(e) lessons learnt from authorized activities are communicated to other authorized persons, the Authority and any other relevant persons. Section 27(2) The Authority shall establish a planned and systematic inspection programme consisting of routine and reactive inspections that are announced and unannounced to monitor compliance with this Act and all applicable regulations.

Section 28. Appointment of inspectors Section 28(1) The Authority shall, by notice in the Gazette appoint persons of such qualifications as may be prescribed, to be inspectors for the jurisdiction specified in the notice of appointment. Section 28(2)(a) monitor compliance with the provisions of this Act and all applicable regulations; and Section 28(2)(a)(i) monitor compliance with the provisions of this Act and all applicable regulations; and Section 28(2)(a)(ii) compile and submit reports of inspection to the Authority; and Section 28(2)(b) perform such other functions as the Authority may deem necessary.

Section 29. Powers of inspectors Section enter any facility which he has reason to believe is necessary in order to ascertain whether the provisions of this Act are being complied with;

Section 30. Enforcement Section 30(1)(a) immediately order the temporary suspension of the activity; Section 30(1)(b) order the authorized person to prohibit workers who do not meet applicable requirements from engaging in the activity; Section 30(1)(c) order that nuclear material, radioactive material or any other apparatus generating ionizing radiation originating from a suspended activity or facility be safely and securely stored; and Section 30(1)(d) take any other action as may be prescribed under the provisions of this Act. Section 30(2)(a) withdrawn by the inspector; Section 30(2)(b) reversed or modified by the Authority; or Section 30(2)(c) modified or altered through an administrative or judicial review. Section 30(3) An inspector who undertakes any enforcement action specified in subsection (1) shall prepare a report indicating the reasons for his action and identifying the evidentiary basis for his findings including measurements, test samples, explanations and any other relevant information. Section 30(4) The report prepared under subsection (3) shall be made available to the authorized person who shall have the right to submit explanations or objections within the time...

Section 31. Oversight role by the Authority Section 31(1)(a) where the report is accompanied by objections, review the objections and issue such orders as may be necessary; and Section 31(1)(b) ensure that relevant measures have been taken against the persons contravening the provisions of the Act. Section 31(2)(a) remedy compliance as directed by the Authority or as soon as practically possible; and Section 31(2)(b) prevent recurrence. Section 31(3) The Authority may, where the case presents an immediate safety or security hazard to people, property or the environment, require the authorized person to suspend its activities until the situation has been remedied.

Section 57. Role of the Authority Section define the criteria for classification of emergencies;

Section 58. Failure by an applicant to develop an emergency preparedness and response plan Section The Authority shall not authorize any activity, operation, facility, or possession or use of a source unless an appropriate emergency preparedness and response plan has been developed by the applicant and approved by the Authority.

Section 59. Emergency preparedness and response Section 59(1) An on-site and off-site emergency plan shall be prepared in the prescribed form and manner for any facility, activity, or source. Section 59(2)(a) an assessment of the nature, likelihood and potential magnitude of resulting damage, including the population and territory at risk from an accident, malicious act or incident; and Section 59(2)(b) the results of any accident analyses and any lessons learnt from the experience or incidents and accidents that have occurred in connection with similar activities. Section 59(3) Emergency preparedness and response plans shall be periodically reviewed as directed by the Authority.

Section 60. Implementation of emergency preparedness and response plan Section The authorized person shall, in the event of a nuclear or radiological emergency, implement the emergency preparedness and response plan as approved by the Authority.

Section 61. Trans-boundary nuclear or radiological emergency Section 61(1) In the event of a nuclear or radiological emergency that poses a risk that radioactive contamination could spread beyond the boundaries of the Republic of Kenya, the Authority shall immediately notify the International Atomic Energy Agency and the relevant authorities of any State which is or may be physically affected by a release that could be of a radiological nature. Section 61(2) The Authority shall serve as the point of contact for providing any information or assistance regarding nuclear or radiological emergencies under the terms of relevant international instruments.

Section 62. Information to public about plan Section Every authorized person shall regularly inform the public and the Authority about the significant facts of its emergency preparedness and response plan.

Section 32. Regulatory control for radiation protection Section 32(1)(a) justify every radiation practice and prove that its benefits outweigh the health detriment to the people and environment; Section 32(1)(b) optimize the radiation protection of people and the environment in such a way that exposures, are as low as reasonably achievable, taking into account economic and social factors; Section 32(1)(c) put mechanisms in place to ensure dose limits are not exceeded for practices where such limits apply; and Section 32(1)(d) ensure the protection of persons from the harmful effects of exposure to ionizing radiation. Section 32(2)(a) the radiation risk for persons is sufficiently low to be of no regulatory concern; Section 32(2)(b) the collective radiological impact is sufficiently low that regulatory control is not warranted; and Section 32(2)(c) the source or activity is considered to be inherently safe, with no likelihood of creating situations that could result in a failure to meet the criteria in paragraphs (a) or (b).

Section 33. Radiation protection requirements Section 33(1) An authorization of an activity by the Authority under this Act shall be subject to the radiation protection requirements set out in subsection (2). Section 33(2)(a) possess an adequate understanding of the fundamental principles of radiation protection, justification, optimization and dose limitation; Section 33(2)(b) take all steps necessary for the protection and safety of workers, patients and the public by keeping doses below the relevant threshold and ensuring that all reasonable steps are taken to minimize adverse effects on the population, at present and in the future; Section 33(2)(c) plan and implement the technical and organizational measures necessary to ensure adequate safety, including effective defenses against radiological hazards; Section 33(2)(d) prepare and implement an appropriate emergency plan; Section 33(2)(e) ensure compliance with the dose limits established by the Authority and monitor the radiation exposure of workers; Section 33(2)(f) possess adequate human and financial resources to conduct the proposed activity in a manner that ensures safety and security; Section 33(2)(g) not modify the condu...

Section 34. Consumer products Section 34(1) No consumer products shall be offered to the public unless their use by members of the public has been justified and either their use has been exempted or their provision to the public has been authorized by the Authority. Section 34(2)(a) verify compliance with the provisions of this Act and applicable regulations; Section 34(2)(b) verify the assessments and selection parameters presented by the applicant; Section 34(2)(c) determine whether the end use of the product can be exempted; and Section 34(2)(d) if necessary, authorize the provision to the public of the consumer product subject to specific conditions of authorization or exempt the consumer product. Section 34(3) A person who imports consumer products, as exempt products shall ensure the products are packaged and labelled in a manner as prescribed by the Authority. Section 34(4) A person who contravenes this section commits an offence and is liable upon conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding five years, or to both.

Section 35. Medical exposure Section 35(1)(a) the radiological procedure has been requested by an appropriately qualified and registered clinician or medical practitioner within their respective care level; Section 35(1)(b) responsibility has been assumed for ensuring protection and safety; and Section 35(1)(c) the person subject to the exposure has been informed of the expected benefits and risks and has consented to the exposure. Section 35(2) Every authorized person shall ensure that all practicable measures have been taken to minimize the likelihood of unintended or accidental medical exposure. Section 35(3) Where unintended or accidental radiation exposure occurs, the authorized person shall implement corrective action and report to the Authority. Section 35(4) A person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year or to both.

Section 36. Intended radiological exposures with transboundary effects Section 36(1) Where an authorized person undertakes an activity likely to cause public exposure to neighboring States, the authorized person shall notify the Authority of the intended activity. Section 36(2) Upon receipt of a notification under subsection (1), the Authority shall notify the neighbouring State of the intended activity. Section 36(3) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding ten years or to both.

Section 37. Control of radiation sources Section establish a system of control over radiation sources to ensure they are safely managed and securely protected during and at the end of their useful lives; and

Section 38. Responsibility for radiation sources Section An authorized person shall bear the primary responsibility for ensuring the safe and secure use of radiation sources.

Section 39. National register for radiation sources Section establish and maintain a national register of radiation sources;

Section 40. Reports on loss of a radiation sources Section loss of control over radiation sources, or any other situation; or

Section 41. Orphan sources Section establish a system for recovery and safe management of orphan sources;

Section 42. Mining and milling licences Section 42(1) The Authority shall develop requirements and guidelines to be met before the issuance of a mining and milling license in relation to uranium, thorium or other radioactive elements. Section 42(2)(a) exploration; Section 42(2)(b) removal from site for testing and evaluation; Section 42(2)(c) excavation activities at site; Section 42(2)(d) siting and construction of the mine; Section 42(2)(e) operation of the mine and processing facility; Section 42(2)(f) transport; Section 42(2)(g) waste management; and Section 42(2)(h) decommissioning of the mine.

Section 43. Authorization of nuclear facilities Section 43(1) A person who intends to carry out an activity related to a nuclear facility shall obtain an authorization from the Authority. Section 43(2) An authorization under this section shall be required for the siting, construction, operation and decommissioning of a nuclear facility. Section 43(3)(a) nuclear facility design; Section 43(3)(b) siting; Section 43(3)(c) construction; Section 43(3)(d) commissioning; Section 43(3)(e) operation; Section 43(3)(f) decommissioning; Section 43(3)(g) remediation; and Section 43(3)(h) such other activity relating to construction and operation, as may be necessary. Section 43(4)(a) nuclear power plants; Section 43(4)(b) research reactors; and Section 43(4)(c) other nuclear facilities. Section 43(5) An application for authorization under this section shall be in such form and manner as may be prescribed. Section 43(6) The Authority shall ensure that the general public is informed and consulted at appropriate steps during the authorization process of a nuclear facility. Section 43(7) Any person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding o...

Section 44. Responsibility for safety of facilities and activies Section The authorized person shall bear the primary responsibility for ensuring safety and security of the facility and all activities associated with it.