Mombasa County Environmental Health and Sanitation Act, 2017 (No. 12 of 2017).

This Act concerns the protection of public health in Mombasa County. The Act provides with respect to a wide variety of matters affecting public health including, among other things, general sanitation, provisions of sanitation services, control of infectious diseases (also infected animals), food hygiene, control of public nuisances, pollution control and waste management, sewerage and stormwater drainage, and protection water supplies and sources from pollution. One of the declared objects of the Act is to provide an enabling environment of the realization of the right to reasonable standards of sanitation and to clean and healthy environment. The Act sets out the principles that shall guide the interpretation, application and administration of this Act. These are, in part expressed in the national values and principles of governance of Article 10 of the Constitution. In addition, the Act formulates - the right to reasonable standards of sanitation; the right to a clean and healthy environment; the right to clean and safe water; the duty of every person to protect and improve the environment and ensure ecologically sustainable development and use of natural resources, including surface and groundwater; the precautionary principle; the polluter pays principle.
The Act defines the powers and duties in respect of health and sanitation of the County Executive Committee member and the Chief Officer of Health and establishes the Directorate of Environmental Health and Sanitation and the County Inter-agency Environmental Health and Sanitation Committee. The Directorate shall, among other things, undertake the promotion and preservation of public health through the county and monitor food hygiene, environmental pollution, vector control and waste management within the jurisdiction of the county. The objective of the Committee is to ensure a coordinated, efficient, effective and consultative approach to environmental health and sanitation and may for that purpose formulate county policies; implement, monitor, evaluate and review strategies; and mobilize resources for purposes of administration of this Act. The Committee may establish Sub-county and Ward Environmental Health and Sanitation Committees. The Act establishes in every village, a Village Environmental, Health and Sanitation Committee. The village committees shall, so far as practicable, promote a community based approach to the provision of environmental health and sanitation service.
The County Government is designated as a sanitary authority. It shall be the duty of the County Government to ensure efficient, affordable, economical and sustainable provision of and access to sanitation services within its area of jurisdiction. For the purposes of this Act, sanitation services include but Are not limited to the activities specified in the First Schedule. No person may operate as a sanitation service provider by way of a business or for payment of service charges without the approval of the County Government or any other sanitary authority. The County Executive Committee member shall prescribe Regulations concerning food hygiene. The County Government department responsible for environmental health and sanitation matters shall develop a plan to be reviewed every five years for food safety and sanitation. No person or entity shall operate a food establishment for public without securing a sanitary licence from the County Government department responsible for environmental health and sanitation matters. The Act places restrictions on the manufacturing, handling and sale of food for purposes of safeguarding hygiene.
As to the right of water, The County Government shall take legislative, policy and other measures, including the setting of standards, to achieve the progressive realization of the right. The Act provides certain rules regarding the supply of clean water in specific circumstances ad seeks to protect water sources and bodies from pollution, and more specifically effluent discharge. There shall be a water shed storm water management plan in accordance with the prescribed standards.