Pollution by Public Service Vehicles

i. Environment Management and Coordination (Noise and Excessive Vibration Pollution Control) Regulations of 2009 which states that:
a. Section 16(1) where a sound source is planned, installed or intended to be installed or modified by any person in such a manner that such a source shall create or is likely to emit noise or
excessive vibrations, or otherwise fail to comply with the provisions of these Regulations, such a person shall apply for a license to the authority.
b. Section 3(1) No person shall make or cause to be made any loud, unreasonable, unnecessary or unusual noise which annoys, disturbs, injures or endangers the comfort, repose, health or
safety of others and the environment.
ii. The Environmental Management and Co ordination (Waste Management) Regulations, 2006 which states
that:
a. Part 1(1) No person shall dispose of any waste on a public highway, street, road, recreational area or in any public place except in a designated waste receptacle.
b. Part 1(2) Any person whose activities generate waste shall collect, segregate and dispose or cause to be disposed off such waste in the manner prescribed in the Waste Management
Regulations.

Noise pollution leads to hearing loss, sleep disturbances, cardiovascular and psycho physiologic problems, annoyance responses and adverse social behavior. Air pollution enhances global warming which results in climate change and also has adverse health effects such as respiratory complications. Solid waste is known to cause diseases and contribute to water, land and air pollution.

Article 42 of the Kenyan Constitution provides for the right to a clean and healthy environment for every Kenyan. Furthermore the state is obligated by the Constitution in Article 69 to eliminate all processes and activities that lead to environmental degradation. As the leading agency in environmental issues, NEMA is keen to ensure that these rights are assured to the public faster and effectively.

Consequently public service vehicle owners / operators are required to comply with the following directives:
a) Stop fitting enhanced sound amplifying equipment in PSVs.
b) Remove any enhanced sound amplifying equipment already installed in vehicles.
c) Remove any mufflers in exhaust systems which cause noise pollution.
d) Remove all musical /multi tone horns from all PSVs.
e) Install a refuse bin in each vehicle and provide a waste receptacle at bus stops for disposal of waste. This will facilitate collection and disposal of solid waste emanating from public
transport.
f) Regularly service their vehicles to ensure good mechanical state. This will reduce the amount of vehicular emissions and minimize air pollution.

NEMA advises passengers to demand a quiet environment in the PSVs that they travel in. NEMA, the Transport Licensing Board, Motor Vehicle Inspection Unit and Traffic Police will mount joint crackdowns on various routes to enforce noise, waste and air pollution regulations, the Transport Licensing Act and the Traffic Act.
Penalties

1. Failure to comply with the Environment Management and Coordination (Noise and Excessive Vibration Pollution Control) Regulations 2009 will lead to a fine of not more than Ksh. 350,000 on conviction or imprisonment for a term not exceeding 18 months or both.
2. Failure to comply with the Environmental Management and Coordination (Waste Management) Regulations, 2006 will on conviction lead to a fine not exceeding five hundred thousand shillings or
imprisonment for a term not exceeding eighteen months or to both.

DR. AYUB MACHARIA
ACTING DIRECTOR GENERAL
NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY