Traders conducting business in a town in Kenya
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The National Environment Management Authority (NEMA) has announced the implementation of the Sustainable Waste Management regulations 2024, affecting multiple businesses.
The new regulations, which come into effect beginning next month, will require producers and importers to take responsibility for the entire product's lifecycle, from production to end-of-life.
To ensure compliance, the new regulations require producers and importers to register their compliance schemes with NEMA and pay the requisite fees.
Importers seeking to bring into the country environmentally hazardous goods are required to obtain Extended Producer Responsibility (EPR) certificates at the point of import and pay corresponding fees for the products they import.
A ship docked at the Port of Mombasa, January 30, 2025.
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KPA
According to NEMA, the EPR import fee of Ksh150 per item will apply to commodities listed under categories 3 and 4. Such goods include hazardous products like chemicals, electrical and electronic equipment, treated wood, and accumulators.
In the notice dated Wednesday, April 30, the Authority revealed that the EPR import fee of Ksh150 per item would apply for all imports arriving into the country beginning May 4, 2025.
"These regulations apply to all producers, including manufacturers, importers and brand owners of products listed in the first schedule of these regulations," NEMA announced.
"All producers of products listed in the first schedule shall, within six months of the commencement of these regulations, apply to NEMA for registration and issuance of an extended Producer responsibility Certificate," the Authority added.
To apply for the EPR, NEMA called on importers, manufacturers, and brand owners to do so through the NEMA website, nema.ecitizen.go.ke. Similarly, Kenyans can access the document containing the regulations through the Authority's portal.
Additionally, the new regulations impose heavy fines for producers who fail to adhere to the requirements, including a fine of up to Ksh2 million or even imprisonment for a term of 4 years, or both.
NEMA developed the regulations to promote environmental conservation by ensuring producers take responsibility for their products through the "polluter pays" principle.
The regulations encourage manufacturers to design and market environmentally friendly products, further minimising waste generation. While the new regulations encourage environmental preservation, they could also trigger an increase in the prices of commodities.
NEMA offices in Nairobi, Kenya.
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Wkimedia Commons
