The High Court has temporarily stopped the government from implementing regulations meant to introduce tough penalties against manufacturing companies that pollute the environment.
The government, through the National Environment Management Authority (NEMA), was hoping to start implementing the regulations effective May 5.
The regulations, contained in the Extended Producer Responsibility Regulations 2024, had introduced stringent waste management requirements, particularly targeting manufacturers, as part of efforts to promote environmental sustainability.
Justice Bahati Mwamuye issued a conservatory order, temporarily suspending the implementation of the Extended Producer Responsibility Regulations, in his ruling on Wednesday.
The judge directed that, pending the hearing and determination of an application that had been submitted before it, the rollout of the regulations be stopped.
''Pending the inter-parties hearing and determination of the Petitioner/Applicant's Notice of Motion application dated 7th May 2025, a conservatory order is hereby issued staying the operation, application, implementation, and/or enforcement of the Sustainable Waste Management (Extended Producer Responsibility) Regulations, 2024, published as Legal Notice No. 176 in Kenya Gazette Supplement No. 196 [Legislative Supplement No. 85] dated 4th November 2024,'' Justice Mwamuye directed.
The government introduced the Extended Producer Responsibility (EPR) Regulations 2024 to strengthen environmental sustainability through better waste management.
Published under Legal Notice No. 176 on November 4, 2024, the rules required producers to take full responsibility for their products' entire lifecycle, including handling waste after consumer use.
Under the regulations, producers were required to design products that generate minimal waste and support reuse, recycling, and recovery.
They were also expected to set up take-back schemes, register with the National Environmental Authority (NEMA), and submit regular reports on how they were meeting their EPR obligations.
According to the government, the regulations apply to a broad range of products and packaging materials that pose environmental risks due to their non-reusability, limited recyclability, or hazardous composition.
NEMA would enforce stringent penalties on the entities that fail to abide by the new laws.
Further, the court ordered NEMA not to initiate any further enforcement of the provisions of the regulations until the matter is determined.
Justice Mwamuye set June 16 as the date the case would be mentioned to confirm compliance and to take directions on the expedited hearing and determination of the application.
