This is the version of this Act as it was from 10 January 2020 to 30 December 2022. Read the latest available version.
Nuclear Regulatory Act
Related documents
- Is amended by 24th Annual Supplement
- Repeals Radiation Protection Act

LAWS OF KENYA
NUCLEAR REGULATORY ACT
CAP. 243
- Published in Kenya Gazette Vol. CXXII—No. 4 on 10 January 2020
- Assented to on 23 December 2019
- Commenced on 10 January 2020
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Nuclear Regulatory Act, 2019.2. Interpretation
In this Act, unless the context otherwise requires —"activity" means the production, use, import and export of radiation sources for industrial, research and medical purposes; the transportation of radioactive material; the siting, construction, commissioning, operation, and decommissioning of facilities; radioactive waste management activities and site remediation;"applicant" means a person making an application for an authorization under this Act;"Authority" means the Kenya Nuclear Regulatory Authority established under section 5;"authorization" means the granting by the Authority of a written permission for an authorized person to perform a specified activity and includes a licence, permit, registration and approval;"authorized person" means a holder, whether natural or corporate, of a valid authorization for a specified activity;"Board" means the Board of the Authority established under section 8;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to health;"carrier" means any person, organization or government, undertaking the carriage of radioactive material by any means of transport and includes both carriers for hire or reward and carriers on own account;"clearance" means the removal of radioactive material or radioactive objects within authorized activities from any further regulatory control by the Authority;"clearance levels" means values established by the Authority and expressed in terms of radioactivity concentrations or total activity, at or below which sources of radiation may be released from regulatory control by the Authority;"consignment" means any package or packages, or load of radioactive material, presented by a consignor for transport;"consumer product" means a device or manufactured item into which radionuclides have been deliberately incorporated or produced by activation, or which generates radiation, and which can be sold and made available to members of the public without special surveillance or regulatory control after sale;"containment" means the methods or physical structures that prevent the dispersion of radioactive substances;"contamination" means the presence of radioactive substances in or on a material or the human body or other place where they are undesirable or could be harmful or the process giving rise to their presence in such places;"decommissioning" means all steps leading to the release of a facility, other than a disposal facility, from regulatory control other than confirming the decommissioned status of a facility and includes the processes for decontamination and dismantling;"Director General" means the chief executive officer of the Authority appointed under section 9;"discharges" means planned and controlled releases into the environment, as a legitimate practice, within the limits authorized by the Authority, of liquid or gaseous radioactive material that originates from regulated nuclear facilities during normal operations;"disposal" means the emplacement of spent fuel or radioactive waste in an appropriate facility without the intention of retrieval;"dose" means a measure of the radiation received or absorbed by a target;"dose limit" means the value of the effective dose or the equivalent dose to individuals from controlled activities that may not be exceeded;"exemption" means the determination by the Authority that a source or activity need not be subject to some or all aspects of regulatory control on the basis that the exposure (including potential exposure) due to the source or activity is too small to warrant the application of those aspects or that this is the optimum option for protection irrespective of the actual level of the doses or risks;"export" means the physical transfer, originating from an exporting State, into an importing State, of nuclear or other radioactive material, including sources;"exposure" means the act or condition of being subject to irradiation;"facility" means —(a)a nuclear facility or any other location that the authorized person has control over;(b)a radiation source facility;(c)a radioactive waste management facility and any other premises where radioactive material is produced, processed, used, handled, stored or disposed of, on such a scale that consideration of protection of safety is required;(d)a reactor, critical facility, conversion plant, fabrication plant, reprocessing plant, isotope separation plant or a separate storage installation; or(e)any location where nuclear materials in amount greater than one effective kilogram is customarily used;"fissile material" means uranium-233, uranium-235, plutonium-239, plutonium-241, or any combination of these radionuclides with the exception of —(a)natural uranium or depleted uranium which is unirradiated; and(b)natural uranium or depleted uranium which has been irradiated in thermal reactors only;"Fund" means the Decommissioning Fund established under section 52;"import" means the physical transfer, into an importing State or to a recipient of an importing State, originating from the exporting State, of nuclear or other radioactive material including sources;"incident" means any unintended event, including operating errors, equipment failures, initiating events, accident precursors, near misses or other mishaps, or unauthorized acts, malicious or non-malicious, the consequences or potential consequences of which are not negligible from the point of view of protection or safety;"inspection" means a set of activities —(a)carried out by the International Atomic Energy Agency inspectors at a facility or a location to verify that the nuclear material subject to safeguards remains in peaceful nuclear activities or is otherwise adequately accounted for, or as may be prescribed by the Authority; or(b)carried out by the Authority for the purposes of verifying compliance with the provisions of this Act;"intervention" means any action intended to reduce or avert exposure or the likelihood of exposure to sources which are not part of a controlled practice or which are out of control as a consequence of an accident;"ionizing radiation" for the purposes of radiation protection, means radiation capable of producing ion pairs in biological materials;"management" means the administrative and operational activities that are involved in the manufacture, supply, receipt, possession, storage, use, transfer, import, export, transport, maintenance, recycling or disposal of radioactive sources and other radioactive material;"naturally occurring radioactive material" means radioactive material containing no significant amounts of radionuclides altered from natural settings, or present in technologically enhanced concentrations above background radiation levels due to human activities that may result in a relative increase in radiation exposures and risks to the public and the environment;"non-ionizing radiation" means optical radiation, radio frequency radiation, low-frequency electric and magnetic fields, ultrasonic radiation and any other radiation with similar biological effects;"notification" means a document submitted to the Authority by a legal person to notify an intention to carry out an activity or other use of a source;"nuclear energy" means any form of energy released in the course of nuclear fission or nuclear fusion or of any other nuclear transmutation;"nuclear facility" means any civilian facility where nuclear material is produced, processed, used, handled or disposed of, including a nuclear installation, premises, nuclear power plant, research reactor, fuel fabrication plant, spent fuel storage facility, enrichment plant, reprocessing facility or any other facility determined by the Authority;"nuclear fuel cycle" means all operations associated with the production of nuclear energy, including mining, milling, processing and enrichment of uranium or thorium; manufacture of nuclear fuel; operation of nuclear reactors; reprocessing of spent fuel; decommissioning; and any activity for radioactive waste management and any research or development activity related to any of the foregoing;"nuclear material" means nuclear fuel, other than natural uranium and depleted uranium, capable of producing energy by a self-sustained chain process of nuclear fission outside a nuclear reactor, either alone or in combination with some other material and radioactive products or waste;"nuclear or radiological emergency" means an emergency in which there is, or is perceived to be, a hazard due to —(a)the energy resulting from a nuclear chain reaction or from the decay of the products of a chain reaction; or(b)radiation exposure;"nuclear power plant" means a nuclear power reactor and related facilities;"nuclear science and technology" means nuclear applications, including use of nuclear energy, for exclusively peaceful purposes;"optimize" means the process of determining what level of protection and safety makes exposures, and the probability and magnitude of potential exposures, as low as reasonably achievable, as required by the International Commission on Radiological Protection System of Radiological Protection, taking into account economic and social factors;"orphan source" means a radioactive source which is not under regulatory control, either because it has never been under regulatory control or because it has been abandoned, lost, misplaced, stolen or transferred without proper authorization;"physical protection" means measures for the protection of nuclear material or authorized facilities, designed to prevent unauthorized access or removal of fissile material or sabotage with regard to safeguards;"radiation" means and shall include, both ionizing and non-ionizing radiation;"radiation protection" means the protection of people from the effects of exposure to radiation, and the means for achieving this;"radiation source" means a radiation generator, or a radioactive source or other radioactive material not outside the nuclear fuel cycles of research and power reactors and includes naturally occurring radiation sources, orphan sources and radioactive material exempt from regulatory control;"radioactive material" means material designated as such by the Authority and subject to regulatory control because of its radioactive nature;"radioactive waste" means material, in whatever physical form, remaining from activities or interventions and for which no further use is foreseen —(a)that contains or is contaminated with radioactive substances and has radioactivity or radioactivity concentration higher than the level set for clearance from regulatory requirements; and(b)exposure to which is not excluded under applicable regulations;"radioactive waste management" means all activities, including decommissioning activities that relate to the handling, pre-treatment, treatment, conditioning, storage, or disposal of radioactive waste, excluding off-site transportation and may involve discharges;"radioactive waste management facility" means a facility and its associated land, buildings and equipment in which radioactive waste is managed;"research reactor" means a nuclear reactor used mainly for generation and utilization of neutron flux and ionizing radiation for research and other purposes, including experimental facilities associated with the reactor and storage, handling and treatment facilities for radioactive materials on the same site that are directly related to safe operation of the research reactor;"sabotage" means any deliberate act directed against a nuclear facility or nuclear material in use, storage or transport which could directly or indirectly endanger the health and safety of workers, the public or the environment by exposure to radiation or release of radioactive substances;"safeguards Agreement" means an agreement between Kenya and the International Atomic Energy Agency for the application of Safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons and the Additional Protocol as entered into force on 18th September, 2009;"safety" means the protection of people, property and the environment against radiation risks, and the safety of facilities and activities that give rise to radiation risks;"security" means the prevention and detection of, and response to, theft, sabotage, unauthorized access, illegal transfer or other malicious acts involving nuclear or other radioactive material, or their associated facilities;"source" means anything that may cause exposure by emitting ionizing radiation or by releasing radioactive substances or material and can be treated as a single entity for protection and safety purposes;"source material" means —(a)uranium containing the mixture of isotopes occurring in nature;(b)uranium depleted in the isotope 235;(c)thorium or any of the foregoing in the form of metal, alloy, chemical compound, or concentrate; and(d)any other material containing one or more of the foregoing in such concentration as determined by the International Atomic Energy Agency from time to time;"spent fuel" means nuclear fuel that has been irradiated and permanently removed from a reactor core;"spent fuel management" means all activities that relate to the handling or storage of spent fuel, excluding off-site transportation and may involve discharges;"spent fuel management facility" means any facility or installation the primary purpose of which is spent fuel management;"storage" means the holding of spent fuel or radioactive waste in a facility that provides for its containment with the intention of retrieval; and"transport" means all operations and conditions associated with and involved in the movement of nuclear or other radioactive material including the design, manufacture, maintenance and repair of packaging, and the preparation, consigning, loading, carriage including in-transit storage, unloading and receipt at the final destination of loads of such material and packages.3. Objects and purposes of the Act
The objects and purposes of this Act are to —4. Application of the Act
Part II – KENYA NUCLEAR REGULATORY AUTHORITY
5. Establishment of the Authority
6. Functions of the Authority
The objects and functions of the Authority shall be to —7. Powers of the Authority
8. Composition of the Board
9. Director-General
10. Staff of the Authority
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.11. Conduct of business and affairs of the Board
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.12. Remuneration of the Board
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.13. Protection from personal liability
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.14. Liability of Authority for damages
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.15. Common seal of the Authority
Part III – FINANCIAL PROVISIONS
16. Funds for the Authority
17. Financial year
The financial year of the Authority shall be the period of twelve months ending on the thirtieth of June of every year.18. Annual estimates
19. Accounts and Audit
20. Investment of funds
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.Part IV – REGULATORY CONTROL: NOTIFICATIONS, AUTHORIZATIONS, INSPECTIONS AND ENFORCEMENT
21. Notifications
22. Authorization
23. Categories for authorization
24. Suspension, revocation or modification of an authorization
25. Primary responsibility for safety
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.26. Right of review of a decision
27. Inspection objectives and programmes
28. Appointment of inspectors
29. Powers of inspectors
An inspector appointed under this Act may —30. Enforcement
31. Oversight role by the Authority
Part V – RADIATION PROTECTION
32. Regulatory control for radiation protection
33. Radiation protection requirements
34. Consumer products
35. Medical exposure
36. Intended radiological exposures with trans boundary effects
Part VI – SAFETY OF RADIATION SOURCES AND FACILITIES
37. Control of radiation sources
The Authority shall —38. Responsibility for radiation sources
An authorized person shall bear the primary responsibility for ensuring the safe and secure use of radiation sources.39. National register for radiation sources
The Authority shall —40. Reports on loss of a radiation sources
An authorized person shall promptly report to the Authority any —41. Orphan sources
The Authority shall —42. Mining and milling licences
Part VII – SAFETY OF NUCLEAR FACILITIES AND DECOMMISSIONING
43. Authorization of nuclear facilities
44. Responsibility for safety of facilities and activies
The authorized person shall bear the primary responsibility for ensuring safety and security of the facility and all activities associated with it.45. Site evaluation
46. Authorization for construction and operations
47. Extended shutdown for reactors
48. Decommissioning requirements
49. Decommissioning plan
50. Decommissioning responsibilities
An authorized person shall, in implementing decommissioning activities at a facility, be responsible for -51. Finances for decommissioning
Part VIII – DECOMMISSIONING FUND
52. Establishment of the Fund
There is established a fund to be known as the Decommissioning Fund.53. Sources of funds for the Fund
The Fund shall consist of —54. Administration of the Fund
The Fund shall be administered by the Authority.55. Functions of the Fund
The functions of the Fund shall be to cater for —56. Other matters to be prescribed
Part IX – EMERGENCY PREPAREDNESS AND RESPONSE
57. Role of the Authority
The Authority in liaison with the national body or authority responsible for responding to national emergencies shall —58. Failure by an applicant to develop an emergency preparedness and response plan
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.59. Emergency preparedness and response
60. Implementation of emergency preparedness and response plan
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.61. Trans-boundary nuclear or radiological emergency
62. Information to public about plan
Every authorized person shall regularly inform the public and the Authority about the significant facts of its emergency preparedness and response plan.Part X – TRANSPORTATION OF RADIOACTIVE MATERIAL
63. Transport of radiactive material
64. Offences relating to transport
65. Duty to exercise reasonable care by carrier
Without prejudice to any other provision under this Act, every carrier of a consignment shall exercise reasonable care to ensure that in the course of the transport of a consignment, no injury to health or any damage to property or to the environment is caused.66. Radiation protection transport plan
67. Emergency response in transportation
68. Segregation of material
Every carrier shall ensure that —Part XI – EXPORT AND IMPORT CONTROLS
69. Controlled items
70. Export licensing criteria
71. Import licensing criteria
A person shall not import a controlled item unless the —72. Illicit trafficking
Any person who —Part XII – RADIOACTIVE WASTE AND SPENT FUEL MANAGEMENT
73. Scope and principles of radioactive waste and spent fuel management
74. Responsibility for radioactive wast and spent fuel management
75. Classification of radioactive waste
The Authority shall establish a classification of radioactive waste to ensure the safe and secure management of radioactive waste in Kenya.76. Waste management plan
77. Offences relating to radioactive waste and spent fuel
78. Collection, segregation and characterization of radioactive waste
79. Discharge of radioactive waste
80. Authorization to operate a radioactive waste and spent fuel management facility
An applicant for an authorization for a radioactive waste and spent fuel management facility shall —81. Radioactive waste imports
Radioactive waste and spent fuel generated outside the territory of Kenya shall not be imported into Kenya for any purpose.82. Radioactive waste exports
Part XIII – SAFEGUARDS
83. Peaceful uses
84. Application of safeguards
85. Safeguard inspections
86. Designation of inspectors
The Authority shall be responsible for approving the designation to Kenya of inspectors proposed by the applicable international entity.87. State system of accounting for and control of nuclear material
The Authority shall make regulations to ensure the effective implementation of safeguards in Kenya by establishing and implementing —88. Information requirements for research and development activities related to the nuclear fuel cycle
Any person intending to carry out research and development activities related to the nuclear fuel cycle, shall prior to commencement, provide to the Authority information and data necessary for compliance subject to the Safeguards Agreement or any protocol thereto.Part XIV – NUCLEAR SECURITY AND PHYSICAL PROTECTION
89. Threat assessment processes
90. Primary responsibility for physical protection
91. International co-operation and assistance
92. Restrictions
93. Protection of confidential information
94. Offences relating to nuclear facilities
A person who uses or damages a nuclear facility, or interferes in whatever manner with its operation with the intent to cause death or bodily harm, damage to property or environment by compelling a person to do or refrain from doing an act commits an offence and is liable upon conviction, to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding twenty years or to both.Part XV – MISCELLANEOUS PROVISIONS
95. Offences by employees and agents
An employer or principal shall be liable for an offence committed by an employee or agent under this Act, unless the employer or principal proves that the employee was not acting on instruction or authority.96. General penalty
Where a contravention of any of the provisions of this Act is made for which no fine or penalty is expressly stated, the person so defaulting shall, on conviction, be liable to a fine not exceeding one million shillings or to an imprisonment for a term not exceeding twelve months or to both.97. Appointment of procecutors
The Director Public Prosecutions may, on the request of the Authority, gazette any officer of the Authority to be a public prosecutor for the purposes of prosecuting offences under this Act.98. Regulations
Part XVI – TRANSITIONAL PROVISIONS
99. Repeal of Cap. 243
100. Authority to be successor of Radiation Protection Board
The Kenya Nuclear Regulatory Authority established under section 5 of this Act, shall be the successor to the Radiation Protection Board established by the Radiation Protection Act (Cap. 243) and subject to this Act, all rights, duties, obligations, assets, budget and liabilities of the Radiation Protection Board existing at the commencement of this Act shall be automatically and fully transferred to the Kenya Nuclear Regulatory Authority.101. Transfer of staff
102. Secondment of staff
History of this document
31 December 2022
Revised by
24th Annual Supplement
Read this version
10 January 2020 this version
Commenced
23 December 2019
Assented to