Oil and chemical spills: who pays, compensation and penalties
Environmental Management and Co-ordination Act · sources read 2 Oct 2026
Discharging oil, chemicals or other hazardous substances into water or the environment is a crime, and the polluter can be fined KSh 2 million to 5 million. The court can also make the polluter pay the clean-up cost and compensate people harmed.
- Where
- Report to NEMA (0786 101 100, incidence@nema.go.ke, or the NEMA County Director of Environment). Court cases go to the Environment and Land Court.
Steps
- Report an oil or chemical spill to the nearest NEMA County Director of Environment, the NEMA hotline 0786 101 100 or incidence@nema.go.ke.
- NEMA can order the polluter to restore the environment and pay compensation to people whose environment or livelihood was harmed.
- If the polluter is convicted, people harmed can apply to the court for compensation, restoration or restitution.
- You can also apply to the Environment and Land Court yourself, for yourself, a group or the public, to stop the harm and get compensation.
Watch out
- The owner of the facility, vehicle or vessel must notify NEMA immediately and start clean-up at once.
- If the owner fails to clean up, NEMA can seize the facility, vehicle or vessel.
- Ignoring a restoration order: 1 to 4 years in jail, a KSh 2 million to 4 million fine, or both.
Who this covers
- Every person in Kenya has the right to a clean and healthy environment.
- You can go to court about environmental harm even if it is not your land or property.
Official sources (2)
- Environmental Management and Co-ordination Act (Cap. 387) new.kenyalaw.org · read 2 Oct 2026
- Frequently asked questions on incidents management nema.go.ke · read 2 Oct 2026