Kenyan manufacturers renew push for review of EPR charges after court ruling

The concerns follow a recent court decision lifting conservatory orders that had temporarily shielded manufacturers from complying with the charges. The orders had been issued after industry players challenged the fees as excessive. With the suspension lifted, firms are now required to remit the charges pending the full hearing and determination of the case.

Under the current framework, manufacturers are required to pay KES 150 per item for products and packaging listed under the EPR scheme, particularly for imported goods. The first schedule of the regulations covers a wide range of categories, including packaging for non-hazardous products such as plastics, glass, aluminum and paper-based materials, as well as hazardous product packaging like industrial chemicals, pharmaceuticals and agrochemicals.

Other categories include electrical and electronic equipment, batteries and accumulators, end-of-life vehicles and non-packaging items such as textiles, tyres, furniture, sanitary products and artificial hair.

Kenya Association of Manufacturers has raised concerns over the lack of clarity in the regulations, particularly around the definition of a “unit item” in categories one and two. Manufacturers argue that this ambiguity could lead to inconsistent or inflated charges.

Georgina Wachuka, Policy and Research Advocacy Officer at KAM, said the standoff could be resolved through dialogue with regulators.

“The sooner the government and the authority are able to clear the wrinkles, the sooner we shall be able to support government in increasing its job creation targets as we manage our environment,” she said.

Industry players also warn that the costs may be passed on to consumers. According to Kenya Extended Producer Responsibility Organization Chief Executive Officer James Odongo, while many producers are willing to comply with environmental obligations, unresolved issues in the regulations could have broader economic effects.

“We have seen EPR being implemented from way back in 2018. Majority of the producers are willing to take on the costs of compliance and environmental stewardship, but there are teething issues that might result in producers transferring the cost to consumers,” he said.

On its part, National Environment Management Authority says ongoing consultations are aimed at resolving the dispute.

Principal Environment Officer Bonface Mamboleo noted that nationwide engagements with stakeholders are underway to address the concerns.

“I think the continuous engagement that we are currently having countrywide is designed to have a finality on the matter because it’s a pain point,” he said.