Kenya Sustainable Waste Management Act 2022: Establishes mandatory waste segregation, producer responsibility and circular economy governance

What’s Required

1. Segregate waste at source

All public and private sector entities must segregate non-hazardous waste into:

1. Organic waste.

2. Non-organic waste.

The waste must be placed in properly labeled and color-coded receptacles, bins, containers, or bags.

2. Waste service providers must maintain segregation

Waste collectors, handlers and transporters must collect and transport segregated waste in accordance with the Act.

3. Extended Producer Responsibility

Section 13 requires every producer to bear EPR obligations for reducing pollution and environmental impacts from products introduced into the Kenyan market and the waste arising from those products.

Producers may comply:

1. Individually.

2. Collectively through an EPR compliance scheme.

4. Register under the 2024 EPR Regulations

The 2024 EPR Regulations operationalized the Act.

NEMA states that manufacturers and importers of covered products must:

1. Register.

2. Pay applicable EPR fees.

3. Participate in a PRO scheme.

4. Manage products throughout their lifecycle.

5. Manage post-consumer waste.

5. Importer requirements

Importers of covered products must obtain EPR import certificates through Kenya’s National Electronic Single Window System.

6. Establish material recovery facilities

Each county government is required to establish a materials recovery facility for:

1. Final sorting.

2. Segregation.

3. Composting.

4. Recycling.

5. Transfer of recovered material.

7. Support the waste hierarchy

The Act promotes:

1. Prevention.

2. Reduction.

3. Reuse.

4. Recycling.

5. Recovery.

6. Environmentally sound disposal.

8. Circular economy investment

National and county governments are expected to promote investment in:

1. Waste collection.

2. Separation.

3. Treatment.

4. Processing.

5. Recovery.

6. Recycling.

7. Sanitary disposal.

Important Deadlines

1. 2022: Sustainable Waste Management Act enacted.

2. Within two years of commencement: Act required EPR regulations to be developed.

3. November 4, 2024: Sustainable Waste Management (Extended Producer Responsibility) Regulations gazetted.

4. Within six months of November 4, 2024: Covered producers, brand owners, and importers were required to register with NEMA under the EPR rules.

5. 2025 onward: Mandatory EPR schemes and import certification implemented.

6. 2026: NEMA continues to administer the EPR framework and publishes registration materials and guidance.

Current Status

Active and legally binding.

The Act remains the core national sustainable waste law, while several important implementing regulations came into force in 2024.

These include:

• Sustainable Waste Management (Extended Producer Responsibility) Regulations.

• Waste Management Regulations.

• Plastic Packaging Materials Regulations.

Penalties for Non-Compliance

The Act contains offense provisions for specific duties.

For example, a waste service provider that violates the segregation requirements in section 12 may be liable on conviction to:

• A fine of up to KES 50,000.

• Imprisonment for up to six months.

• Or both.

Other offenses and penalties depend on the specific provision breached and applicable implementing regulations.

Examples of Known Violations / Failure Modes

1. Failing to segregate waste.

2. Mixing segregated waste during transport.

3. Operating without required waste-management authorization.

4. Failing to register under EPR.

5. Importing covered products without EPR compliance.

6. Failing to join or establish an appropriate EPR scheme.

7. Failing to pay required EPR fees.

8. Illegal dumping.

9. Sending recyclable materials directly to disposal without required management.

10. Failing to provide accurate waste information.

11. Failing to comply with county waste-management requirements.

12. Misclassifying hazardous waste as ordinary waste.

Resources

• https://nema.go.ke/gazetted-regulations-2024/

• https://nema.go.ke/extended-producer-responsibility-epr/

• https://kenyalaw.org/kl/fileadmin/pdfdownloads/LegalNotices/2024/LN176_2024.pdf