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LAWS OF KENYA
ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT
THE ENVIRONMENTAL MANAGEMENT AND COORDINATION (WATER QUALITY) REGULATIONS
LEGAL NOTICE 177 OF 2024
- Published in Kenya Gazette Vol. CXXVI—No. 213 on 6 December 2024
- Commenced on 4 November 2024
- [Amended by The Environmental Management and Co-ordination (Water Quality)(Amendment) Regulations, 2025 (Legal Notice 23 of 2025) on 7 February 2025]
- [Amended by Environment Management and Co-ordination (Water Quality)(Amendment)(No. 2) Regulations, 2025 (Legal Notice 63 of 2025) on 24 March 2025]
1. Citation
These Regulations may be cited as the Environmental Management and Co-ordination (Water Quality) Regulations, 2024.2. Interpretation
In these Regulations, unless the context otherwise requires—“Buffer Zone” means distinct or established areas that separate potentially competing users and that serve to lessen the danger of potential conflicts;“Designated Representative” means any person authorized by the Authority to act on its behalf;“Ground water” means the water of underground streams, channels, artesian basins, reservoirs, lakes and other bodies of water in the ground, and includes water in interstices below the water table;“Natural water body” means any river, stream, spring, lake, swamp, pond, estuary, reservoirs, coastal or other water source in a natural water course;“pH” means the negative base 10 logarithm of the hydrogen ion concentration;“Point Sources” means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, conduit, tunnel, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft from which pollutants are or may be discharged;“Resource Quality” in relation to a water resource, means the quality of all the aspects of a water resource including—(a)the character and condition of the in-stream and riparian habitat;(b)the characteristics, condition and distribution of the aquatic biota;(c)the physical, chemical and biological characteristics of the water;(d)the quantity, pattern, timing, water level and assurance of in-stream flow; and(e)the water quality stipulated for the reserves.3. Application
These Regulations shall apply to—Part II – PROTECTION OF SOURCES OF WATER
4. Prevention of water pollution
5. Standards for sources of domestic water
All sources of water for domestic uses shall comply with the standards set out in First Schedule of these Regulations.6. Protection of lakes, rivers, streams, springs, wells and other water sources.
No person shall—7. Restrictions and other measures on use of water sources
The Authority, in consultation with the relevant lead agency, may impose restrictions and other measures on the use of sources of water for domestic use in order to prevent and control the degradation of those sources.8. Compliance with water quality standards
Each operator and supplier of treated water, containerised water and each water vendor shall comply with the relevant quality standards in force as promulgated by the relevant lead agencies.9. Water quality monitoring
The Authority, in consultation with the relevant lead agency, shall collect and maintain water quality monitoring records for sources of domestic water at least twice every calendar year and such records shall be in the form set out in the Second Schedule.Part III – WATER FOR INDUSTRIAL USE AND EFFLUENT DISCHARGE
10. Water for industrial use and compliance with industrial standards.
11. Discharge into the environment
No person shall discharge or apply any poison, toxic, noxious or obstructing matter, radioactive waste or other pollutant or permit any person to dump or discharge such matter into the environment unless such discharge, poison, toxic, noxious or obstructing matter, radioactive waste or pollutant complies with the standards set out in the Third Schedule.12. Compliance
13. Discharge into public sewers
Each owner or operator of a trade or industrial undertaking issued with a licence by a county government or sewerage service provider to discharge effluent into any existing sewerage system shall comply with the standards set out in the Fifth Schedule.14. Discharge monitoring
15. Review of records
The Authority shall review the monitoring records in order—16. Application for effluent discharge licence
17. Effluent discharge licence
An effluent discharge licence shall be in Form B as set out in the Seventh Schedule.18. Validity
An effluent discharge licence shall be valid for such period of time as the Authority may determine.19. Register of licences
The Authority shall maintain a register of effluent discharge licences.20. Licence not transferable
An effluent discharge licence issued under the Act shall not be transferable.Part IV – WATER FOR AGRICULTURAL USE
21. Use of waste water for irrigation
No person shall use wastewater for irrigation purposes unless the water meets the quality guidelines set out in the Eighth Schedule.22. Abstraction from a water body under environmental management plan
Where the Cabinet Secretary, in exercise of the powers conferred under section 42(3) of the Act has issued an order for the management of a natural water body, no person shall abstract water from such body for irrigation unless the water meets the standards set out in the Ninth Schedule.23. Creation of buffer zone for irrigation scheme
An owner or operator of an irrigation scheme shall create a buffer zone of at least fifty meters in width between the irrigation scheme and the natural water body into which such irrigation scheme discharges its waters.24. Transitional provision
Each owner or operator of an existing irrigation scheme shall, within ninety days upon the coming into force of these Regulations, take necessary steps to comply with these Regulations.25. Compliance with irrigation water standards
The Authority, in consultation with the relevant lead agency, shall take measures to ensure compliance with these Regulations by the owner or operator of an existing irrigation scheme.Part V – WATER FOR OTHER USES
26. Water pollution
No person shall discharge or apply any poison, toxic, noxious or obstructing matter, radioactive wastes, or other pollutants or permit any person to dump or discharge any such matter into water meant for fisheries, wildlife, recreational purposes or any other uses unless such discharge, poison, toxic, noxious or obstructing matter, radioactive waste or pollutant complies with the standards set out in the Third Schedule.27. Recreational uses
No person shall use or allow to be used any natural water body for recreational purposes unless the water body meets the quality standards for recreational use set out in Tenth Schedule.Part VI – MISCELLANEOUS PROVISIONS
28. Offences
Any person, who upon the coming into force of these Regulations, discharges or applies any poison, toxic, noxious or obstructing matter, radioactive waste or other pollutants or permits any person to dump or discharge such matter into the aquatic environment in contravention of water pollution control standards established under this Part commits an offence and shall be liable, on conviction, the penalty prescribed under section 144 of the Act.History of this document
24 March 2025 this version
07 February 2025
06 December 2024
04 November 2024
Commenced