Be warned as you prepare to answer that short or long call in an open public or private property or near a river as it may land you in jail for 90 days or pay a fine of Sh5,000 or both if MPs pass a Bill currently before the House.
The Environmental Health and Sanitation Bill, 2023 sponsored by Mukurweini John Kaguchia seeks to ensure that all Kenyans enjoy their right to reasonable standards of sanitation, and a clean and healthy environment.
According to the Bill, if enacted into law, it will be an offence for any person to urinate, or defecate in the open on private property or on public property, in any street, sidewalk, rod, park, beach, water body or any other place open to the public.
The Bill also prohibits a person who permits any urine or faecal matter to flow or drain into any lake, river, stream or watercourse or public place or urinate in or defecate in any public place and fails to clean or remove the material deposited immediately.
“A person who contravenes the sub-sections shall be guilty of a crime and shall be liable on conviction to a fine not less than Sh5,000 or imprisonment for a term of three months or both,” reads the Bill.
The Bill states that every county government, city or urban authority shall establish interventions to promote the elimination of open defecation.
Open defecation refers to the practice of depositing human stool in fields, forests, bushes, bodies of water, or other open spaces, particularly in areas where there is no access to improved feces disposal systems
According to the World Health Organization (WHO) 420 million people in the world are practicing open defecation.
It poses a serious risk to public health as it has the potential risk of contaminating drinking water leading to the spread of diseases such as cholera, diarrhoea and dysentery.
According to the United Nations Children’s Fund (UNICEF), faecal contamination of the environment and poor hygiene practices remain a leading cause of child mortality, morbidity, undernutrition and stunting, and can potentially have negative effects on cognitive development
The United Nations calls for eliminating open defecation by 2025 and has been incorporated in the Sustainable Development Goals (SDG)
The Bill also prohibits the use of untreated wastewater or sludge on agricultural land unless treated and confirmed that it meets the set standards.
“No person shall sell or supply sludge for use on agricultural land if he or she knows or has reason to believe that such is untreated or that the requirements above will not be fulfilled when this is so used,” reads the Bill.
The proposed legislation states that where the use of sludge or wastewater is permissible on agricultural land, it shall be applied in such a way that account is taken of the nutrient needs of the plants and that the quality of the soil and the surface and groundwater is not impaired.
“A person who contravenes this section commits an offence and shall be liable to fine not less than Sh500,000 or to a term of imprisonment not exceeding 14 months or both,” reads the Bill.
The Bill seeks to implement the provision of the constitution which requires the state to take necessary legislative, policy and other measures including the setting of standards to achieve the progressive realization of the rights guaranteed under the Bill of Rights which include the right to a clean and healthy environment.
The main objective of the Bill is to prevent and reduce health risks associated with environmental hazards and to tackle the social and economic costs of preventable diseases associated with poor sanitation and environmental pollution.
