EPZA Kenya Gazettes Water Sewerage Regulations Following Machakos Court Ruling

• EPZA has implemented Standard Operating Procedures for water and sewerage services in export processing zones.
• The new procedures are based on a landmark ruling by the Environment and Land Court in Machakos in ELC Case No. 35 of 2010, delivered on October 4, 2019.
• Compliance with these procedures is essential to prevent environmental degradation and protect public health.
• Businesses operating within EPZA's export processing zones must adhere to the necessary requirements.

EPZA has taken note of this ruling and has subsequently implemented Standard Operating Procedures aimed at ensuring compliance with the court's directives.

The Export Processing Zones Authority (EPZA) has issued a public notice regarding the implementation of water and sewerage Standard Operating Procedures. This development follows a landmark ruling by the Environment and Land Court in Machakos in ELC Case No. 35 of 2010, delivered on October 4, 2019, which had previously addressed issues related to water and sewerage services in export processing zones. The court's decision is significant as it sets a precedent for the provision of essential services within these zones. EPZA has taken note of this ruling and has subsequently implemented Standard Operating Procedures aimed at ensuring compliance with the court's directives.

The Environment and Land Court in Machakos has been instrumental in shaping Kenya's environmental law, particularly in relation to export processing zones. In its ruling in ELC Case No. 35 of 2010 on October 4, 2019, the court emphasized the importance of providing adequate water and sewerage services within these zones, determining that EPZA is a licensed water undertaker. The court's decision was based on the need to protect public health and prevent environmental degradation. EPZA has now implemented Standard Operating Procedures that align with the court's directives, ensuring that businesses operating within these zones comply with the necessary requirements.

The new Standard Operating Procedures are crucial for businesses operating within EPZA's export processing zones as they set clear standards for water and sewerage services. Compliance with these procedures is essential to prevent environmental degradation and protect public health. The procedures also serve as a reminder of the importance of adhering to Kenya's environmental law, particularly in relation to export processing zones. Lawyers should take note of this development and advise their clients accordingly, ensuring that they are aware of the potential implications of non-compliance.

Lawyers should watch for the potential implications of this new regulation on businesses operating within EPZA's export processing zones, particularly with regards to compliance with water and sewerage service requirements.

Source: Original reporting via EPZA