Nuclear Regulatory Act

This Act may be cited as the Nuclear Regulatory Act.

Defines "a nuclear facility or any other location that the authorized person has control over."

Regulates the safe, secure and peaceful development, production, possession, use, storage, transport, transfer, disposal or handling of nuclear and radioactive materials, activities and facilities and other apparatus generating radiation.

The Act applies to any person dealing with nuclear or radioactive material, activities, facilities or other apparatus generating radiation; the Authority may exempt any activity, facility or source from the Act.

The Board may appoint professional and technical staff for the proper discharge of the Authority's functions, on terms determined by the Board with advice from the Salaries and Remuneration Commission.

The Board must follow the Schedule for conducting its business and must regulate its own procedures and those of its committees.

Members of the Board are entitled to be paid remuneration, fees or allowances as determined by the Cabinet Secretary.

Members, officers, employees and agents of the Authority are exempt from personal liability for actions done bona fide in executing the Authority’s functions, powers or duties.

The Authority remains liable to pay compensation or damages to any person for injuries to the person, their property, or interests caused by the exercise of powers under the Act or by failure of works.

The Board may direct custody of the Authority's common seal and may authorize its affixing; instruments under the seal must be authenticated by the Director-General.

Establishes the Kenya Nuclear Regulatory Authority and sets out that it may sue and be sued, acquire and dispose of property, borrow and lend money, enter into contracts, and perform other acts to further the Act; headquarters to be in Nairobi or another place determined by the Authority.

The Authority must ensure the safe, secure and peaceful use of nuclear science and technology.

The Authority has the powers necessary to perform its functions, including controlling assets, making financial provisions, receiving grants, levying fees, associating with other bodies, opening bank accounts, investing funds (per section 20), holding inquiries and undertaking activities necessary to fulfill its functions.

Lists the persons who compose the Board: a President‑appointed non‑executive Chairperson; specified Principal Secretaries (or their representatives); the Attorney‑General (or representative); three members appointed by the Cabinet Secretary with at least ten years' relevant experience; and the Director‑General as an ex officio member. The Board must appoint its own secretary.

Creates the position of Director-General as the Authority's chief executive; the Director-General manages day-to-day affairs subject to Board directions; the Board appoints the Director-General and determines the terms and conditions of service.

The Authority's funds comprise monies allocated by the National Assembly, assets or monies accruing from its powers/functions, and monies from other sources (including loans, grants or donations); the Authority must open a bank account and year‑end balances must not be paid into the Consolidated Fund but must be retained for the purposes of this Act in accordance with Article 206(1)(a) and (b) of the Constitution.

The financial year of the Authority is the period of twelve months ending on 30 June each year.

The Board must prepare annual revenue and expenditure estimates at least three months before each financial year; the Authority must approve those estimates before the year starts and submit them to the Cabinet Secretary for approval.

The Board must ensure that the Authority keeps all proper books and records of account for its income, expenditure, assets and liabilities.

The Authority may invest its funds in securities, trust funds, or banks approved by the National Treasury.

Anyone who intends to engage in any activity must submit a notification to the Authority of that intention.

The Authority may authorize activities or exempt them from regulatory control; contravening the section is an offence punishable by a fine up to five million shillings or up to five years imprisonment.

The Authority may establish categories of authorization for activities and may require authorized persons to submit reports when requested.

Section 24 lists grounds for suspension, revocation or modification of authorizations; prohibits transfer of responsibilities arising from an authorization without the Authority's written approval; and says an authorization ceases when prescribed time limits lapse or its terms expire.

A person authorized to carry out an activity must take primary responsibility for conducting the activity safely and securely and for ensuring compliance with this Act and applicable regulations.

Persons aggrieved by an Authority decision may apply to the Authority for review; applications must be filed within thirty days of communication; the Authority must decide within sixty days of receipt; filing does not suspend the decision; applicants may seek court redress.

The Authority must establish a planned and systematic inspection programme of routine and reactive inspections (announced and unannounced) to monitor compliance with the Act and regulations.

The Authority must, by notice in the Gazette, appoint persons with prescribed qualifications to be inspectors for the jurisdiction specified in the notice.

Inspectors have the power to enter any facility when they have reason to believe entry is necessary to determine compliance with the Act.

Inspectors may order suspension, prohibit unqualified workers, secure radioactive material, or take other prescribed enforcement actions; inspectors who take enforcement action must prepare a report; the report must be made available to the authorized person who may submit explanations or objections; the Authority may prescribe circumstances requiring prior approval by the Authority before an inspector acts.

The Authority must review objections to reports and issue necessary orders, ensure measures against contraventions, and may require an authorized person to suspend activities where there is an immediate safety or security hazard until remedied.

The Authority defines the criteria for classification of emergencies.

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.

Facilities, activities, or sources must have on-site and off-site emergency plans in the prescribed form and manner; plans must include specified assessments and analyses and be periodically reviewed as directed by the Authority.

An authorized person must implement the approved emergency preparedness and response plan in the event of a nuclear or radiological emergency.

The Authority must immediately notify the IAEA and any State that may be physically affected if a nuclear or radiological emergency risks cross-border radioactive contamination, and must serve as the point of contact for information or assistance under relevant international instruments.

Every authorized person must regularly inform the public and the Authority about the significant facts of its emergency preparedness and response plan.

Section 32 sets out regulatory control objectives for radiation protection: practices must be justified, protection optimized, mechanisms must ensure dose limits are not exceeded where they apply, and persons must be protected from harmful effects of ionizing radiation; it also describes criteria under which regulatory control is not warranted.

Authorizations of activities by the Authority are subject to radiation protection requirements including understanding radiation protection principles; protecting workers, patients and public by keeping doses below relevant thresholds; implementing safety measures and emergency plans; ensuring dose-limit compliance and monitoring; having adequate resources; not modifying activities without the Authority's written approval; and providing information on request.

Consumer products may only be offered to the public if their public use has been justified and they have been either exempted or authorized by the Authority.

Medical exposures must meet specified conditions, authorized persons must minimize accidental exposure, and accidental exposures must be reported; contravention is an offence punishable by fine or imprisonment.

Authorized persons who undertake activities likely to cause public exposure in neighbouring States must notify the Authority; the Authority must in turn notify the neighbouring State. Failure to notify is an offence punishable by a fine up to ten million shillings or imprisonment up to ten years or both.

Establish a system of control over radiation sources to ensure they are safely managed and securely protected during and at the end of their useful lives.

An authorized person must bear primary responsibility for ensuring the safe and secure use of radiation sources.

Establish and maintain a national register of radiation sources.

Reports on loss of radiation sources or loss of control over radiation sources.

Establish a system for recovery and safe management of orphan sources.

The Authority must develop requirements and guidelines to be met before issuing mining and milling licences for uranium, thorium or other radioactive elements.

People intending to carry out activities related to a nuclear facility must obtain authorization from the Authority; authorization is required for siting, construction, operation and decommissioning; the Authority must inform and consult the public; contravention is an offence with fines or imprisonment.

The authorized person must ensure the safety and security of the facility and all associated activities.

A person applying for a site authorization for a nuclear power plant must prepare a site evaluation report in accordance with subsection (2).

Section 46. Authorization for construction and operations Section 46(1)(a) the competence and capability of the applicant or authorized person to meet relevant authorization requirements during construction and operation; Section 46(1)(b)

An authorized person must prepare a technical preservation programme for any research reactor that enters into or continues in a state of extended shutdown; the Authority must ensure safe management of such a reactor.

The Authority must not release a facility from regulatory control until the authorized person has demonstrated the decommissioning end state and met any additional regulatory requirements.

Applicants for authorization must prepare an initial decommissioning plan at the design stage for approval by the Authority; the plan must be commensurate with facility type/status and hazards, provide public review, require periodic reviews and updates, require revisions for significant changes, require a final plan before implementation, and ensure a programme for sites where decommissioning is complete but restrictions remain.

Decommissioning responsibilities ensuring safety, security and environmental protection, including activities conducted by contractors or subcontractors.

Applicants for authorization to construct and operate a nuclear facility must ensure adequate financial resources for safe decommissioning and waste management; those resources must be commensurate with facility-specific cost estimates, adjusted if estimates change, and reviewed during periodic reviews of the decommissioning plan.

Establishes a fund called the Decommissioning Fund.

Defines the sources of funds for the Fund as all moneys appropriated by the National Assembly, or paid into, or allocated to the Fund under any other Act.

The Authority must administer the Fund.

Section 55. Functions of the Fund Section decommissioning under the Act; and

Regulations made under subsection (1) must be laid before Parliament.

The Authority must make regulations for the transportation of radioactive material.

It is an offence for a person to design, operate, maintain, transport, or cause/permit the transport of nuclear material or radiation sources in packaging or packages otherwise than in accordance with this Act; conviction may result in a fine not exceeding five million shillings or imprisonment not exceeding five years or both.

Every carrier of a consignment must exercise reasonable care during transport to prevent injury to health or damage to property or the environment.

Every carrier must establish a radiation protection transport plan for use when transporting nuclear material or radiation sources.

A carrier must apply its radiation protection transport plan, as approved by the Authority, in the event of an accident or incident during transportation of nuclear material or a radiation source.

During transport, every consignment is segregated from any other dangerous goods.

The Authority must establish a list of controlled items subject to export or import controls.

A person must not export a controlled item without a prior licence from the Authority.

Import licensing criterion: a controlled item must not be otherwise prohibited under this Act.

Illicit trafficking: receiving, possessing, using, transferring, transporting, disposing or dispersing a nuclear material or radiation source that causes or is likely to cause death, serious injury, or damage to property or the environment.

This Act applies to management of any radioactive waste and spent fuel from civilian applications in the Republic of Kenya, but does not apply to waste containing only naturally occurring radioactive material unless declared as radioactive waste by the Authority.

The holder of the relevant authorization is primarily responsible for ensuring the safety and security of radioactive waste and spent fuel throughout management activities inside or outside a facility for the entire lifecycle.

The Authority must establish a classification of radioactive waste to ensure the safe and secure management of radioactive waste in Kenya.

Every authorized person must submit a waste management plan to the Authority for approval before an authorisation is granted.

Persons must not store, manage, transfer or dispose of radioactive waste without an authorization; applications for authorization must be in the prescribed form and manner; authorized persons must minimise generation and environmental impact of radioactive waste; contravention of the prohibition is an offence punishable by a fine not exceeding five million shillings or imprisonment for a term not exceeding five years, or both.

An authorized person must ensure that selecting a processing method improves safety through the use of a matrix material and ensures compatibility of the radioactive waste with chosen materials and processes.

Authorized persons must ensure non-radiological hazards of released radioactive waste comply with other written-law requirements, and must ensure radioactive waste storage protects people, property and the environment.

Authorization to operate a radioactive waste and spent fuel management facility must meet safety requirements for protection of persons, property and the environment through appropriate planning for siting, design, construction, operation and maintenance, including provisions for eventual retrieval of the waste.

Radioactive waste and spent fuel generated outside Kenya must not be imported into Kenya for any purpose.

Exports of radioactive waste and spent fuel from Kenya are allowed only with authorization by the Authority.

Nuclear material in Kenya must be used only for peaceful purposes; control, manufacture, acquisition or seeking assistance for nuclear weapons or related explosive devices is not allowed; contravening these rules is an offence punishable by a fine up to ten million shillings or imprisonment up to twenty years or both.

The Authority must cooperate with the International Atomic Energy Agency to implement the safeguards under this Part.

Inspectors of the Authority and designated inspectors of the applicable international entity are entitled to access facilities for verification; persons performing activities subject to the safeguards regime must allow the Authority and designated inspectors to carry out measures necessary to achieve compliance.

The Authority must approve the designation to Kenya of inspectors proposed by the applicable international entity.

Establishes a state system for accounting for and control of nuclear material and a system for measurement of nuclear material.

Before starting research and development related to the nuclear fuel cycle, any person must provide the Authority with information and data necessary for compliance with the Safeguards Agreement or its protocols.

The Authority must coordinate threat assessments carried out by national security institutions, and every authorized person must implement security measures according to the threat identified.

Authorized persons are primarily responsible for ensuring the physical protection of nuclear and radioactive materials and related facilities under their control; the Authority must issue guidelines on protection from unauthorized access, illicit trafficking, or sabotage of such materials and facilities.

The Authority must notify affected States and the relevant international entity and coordinate recovery, response, and information-sharing in cases of unlawful taking or threats involving nuclear material.

Persons are prohibited from interfering with, removing, altering, damaging, or rendering ineffective security measures protecting nuclear or radioactive material, except for lawful removal, transport or technical service.

Certain information issued to or sought by the Authority is confidential and may not be disclosed except with the Authority's written permission; authorized persons and other persons are prohibited from disclosing or using security-related information for unlawful purposes, and contravention is an offence punishable by a fine up to five million shillings or imprisonment up to five years or both.

A person must not use, damage or interfere with a nuclear facility with intent to cause death, bodily harm, property or environmental damage; doing so is an offence punishable by a fine up to ten million shillings or imprisonment for up to twenty years or both.

An employer or principal is liable for an offence committed by an employee or agent, unless the employer or principal proves the employee was not acting on instruction or authority.

If someone contravenes the Act and no penalty is specified, that person, on conviction, may be fined up to one million shillings or imprisoned for up to twelve months or both.

The Director of Public Prosecutions may, on the request of the Authority, gazette any officer of the Authority as a public prosecutor to prosecute offences under this Act.

The Authority must, in consultation with the Cabinet Secretary, make regulations to carry out the objects of the Act.

The Kenya Nuclear Regulatory Authority shall be the successor to the Radiation Protection Board and, subject to this Act, all the Board's rights, duties, obligations, assets, budget and liabilities shall be transferred to the Authority.

Employees of the former Radiation Protection Board who were government employees immediately before this Act are to be treated as employees of the Authority upon commencement; those employees are given an option, on commencement, to elect to serve in the Authority or to be redeployed in the Public Service within a period of one year.

Public officers may be seconded to the Authority from other public bodies at the Authority's request; while seconded they are treated as Authority officers and are subject only to its direction and control.

Repeals the Radiation Protection Act; preserves contractual obligations; former Radiation Protection Board members and the Chief Radiation Protection Officer shall continue to serve in the Authority in corresponding positions until the expiry of their unexpired term.