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Kenyans Face Penalties for Failing to Sort Garbage Under New Environmental Law
@Source: nairobiwire.com
Kenya’s new waste management law will soon penalize households that fail to sort waste correctly. The Sustainable Waste Management Act, 2022, now fully in force, mandates citizens to separate their waste into different streams. Failure to comply could lead to a six-month jail term or a fine of Ksh20,000.
“It is our responsibility to protect and conserve our environment for our survival. This starts with you at the household level when you segregate waste,” said National Environment Management Authority (NEMA) Director General Mamo Mamo.
The law requires individuals to separate non-hazardous waste into organic and non-organic types. Authorities believe this initiative will make recycling and reuse easier while cutting down on waste sent to landfills.
Under the new model:
5% of waste will be incinerated
30% recycled
60% converted into manure
Only 5% will go to landfills
Counties Ordered to Enact Supporting Regulations
The law gives county governments two years to pass their own waste management regulations. These must be developed in collaboration with the national government, the public, and relevant stakeholders.
Each county will be required to:
Establish Material Recovery Facilities (MRFs) for waste sorting and recycling
Prescribe investment regulations for sustainable waste practices like collection, treatment, and final disposal
Ensure all waste handlers are licensed by NEMA
Waste Generators and Handlers Must Follow Protocols
The law compels anyone generating waste to segregate, collect, and dispose of it properly. Individuals or businesses transporting sorted waste must obtain a license from NEMA.
Additionally, segregated waste must go into color-coded and labeled bins, bags, or containers provided by licensed collectors.
The Cabinet Secretary for Environment, in consultation with NEMA, must gazette a national color coding system to guide waste management.
Color-Coded Waste Bins Rolled Out
The national waste color-coding system categorizes waste as follows:
Green bins: Organic or wet waste
Black bins: General waste
Blue bins: Recyclable dry waste like glass
Hazardous waste will require special handling as outlined in the Environmental Management and Coordination Act, 1999. Authorities emphasized that improper disposal of such waste poses severe risks to human health and the environment.
Producers Now Legally Accountable Under EPR
The law enforces Extended Producer Responsibility (EPR), requiring manufacturers to manage their products from creation to disposal.
“Every producer shall bear extended producer responsibility obligations to reduce pollution and environmental impacts of the products they introduce into the Kenyan market and waste arising therefrom,” reads the new law.
Products covered under EPR include:
Plastics, rubber, aluminum
Agricultural films, batteries, oils, lubricants
Glass, electronics, furniture, paper, cartons
Mercury auto switches, paints, pharmaceuticals
Tyres, automobiles, leather, agrochemicals
Any provider who violates EPR regulations faces strict penalties. Upon conviction, they could pay up to Ksh50,000, serve six months in jail, or face both punishments.
This provision aligns with Kenya’s broader shift towards a circular economy model, which prioritizes resource efficiency, recycling, and environmental sustainability over the traditional linear “take-make-dispose” model.
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