Reprieve for producers, importers as NEMA announces negotiated compliance on new waste management law

The regulator, in collaboration with producers and importers, will develop compliance plans to ensure that they adhere to the mandatory provisions of extended producer responsibility outlined in the Sustainable Waste Management Act of 2022.

NEMA had previously issued a notice to all manufacturers and importers in Kenya, which required them to demonstrate their compliance with the law, with the notice expiring on October 30.

However, instead of immediate enforcement, NEMA plans to initiate a compliance plan and awareness campaign to educate citizens about the regulation and the responsibilities of producers and importers in managing waste.

“We shall not start enforcement right away. We will start a compliance plan and awareness creation to ensure citizens are aware of this regulation because citizen responsibility is key to management of waste,” said Dr. Mamo B. Mamo, the Director-General, National Environment Management Authority (NEMA) on Wednesday, November 1.

Dr Mamo was addressing stakeholders at WWF-Kenya’s Panda House at a forum that brought together key stakeholders in circular economy, including the Kenya Association of Manufacturers, Kenya Private Sector Alliance, the Kenya Producers Responsibility Organization, and key industry players among them Safaricom PLC and the East African Breweries PLC.

 The Kenya Association of Manufacturers urged producers to adhere to the provisions of Section 13 of the Sustainable Waste Management Act which requires companies to exhibit proof of compliance to the law.

“As a company, you cannot say these regulations don't apply to me because of a lacuna in law. As of now, there is no lacuna. There is more clarification on extended producer responsibility," said Miriam Bomett, Deputy Head of Policy, Research and Advocacy, Kenya Association of Manufacturers, the business association for industrialists in Kenya.

But the KAM official said that the association is keen to ensure the newly-mandated Public Responsibility Organizations are accountable to the government.

"We are quite keen to ensure there is an accountability framework. The group that will have the biggest responsibility are manufacturers,” added Ms Bomett.

KEPRO, the Kenya Extended Producer Responsibility Organization on packaging for non-hazardous products, urged producers to look beyond compliance to aspects of environmental, social and corporate governance.

“We need to appreciate that extended producer responsibility is here to stay. That should be the motivation,” said James Odongo, Chief Administrative Officer, KEPRO Kenya.

KEPRO is one of four voluntary schemes formed by industry players to comply with the new legal dispensation. The other three are: the Packaging Producer Responsibility Organization (PAKPRO), E-Waste Producer Responsibility Organization (E-PROK) and KEHARPO that deal with hazardous material.

“We are witnessing signals that seek to govern and enhance responsible production and disposal in our economic environment, but we need to raise our ambitions to match with the extent of the problem. The four PROs are only dealing with non-hazardous packaging.

"There are other categories of materials that urgently need the private sector to coalesce around and create effective PROs, especially on end-of-life automobiles and non-packaging waste,” said Jackson Kiplagat, Head of Conservation Programmes, WWF-Kenya.

Safaricom, which is the largest telecommunications provider in Kenya, said that it has ridden itself of plastics in its current sustainability policy through adoption of e-waste take back system. 
“We have set up e-waste take back systems at retail shops to encourage electronic waste to be collected for free for disposal,” said Owen Ombima – Senior Officer, Sustainable Business and Social Impact, Safaricom PLC.

The forum was organized by WWF-Kenya to promote circular economy practices and effective waste management through the implementation of Extended Producer Responsibility requirements stipulated in the Sustainable Waste Management Act.

Other important stakeholders who participated in the forum included the Kenya Private Sector Alliance, Bowmans (Kenya), Michelin, East African Breweries PLC and cBrain.