Govt Rolls Out New Punitive Penalties For Littering

Photo collage showing trash in Nairobi CBD and Ngong dumpsite in Kajiado county
Photo collage showing trash in Nairobi CBD and Ngong dumpsite in Kajiado county
File

The government has set stiff penalties and rules for Kenyans who fail to carry out proper waste management.

According to the Sustainable Waste Management Bill signed into law by President Uhuru Kenyatta on Thursday, July 7, Kenyans who fail to manage waste would be liable to a fine, not less than Ksh2 million or Ksh4 million or an imprisonment term of not less than 4 years.

 The new law stipulated that any Kenyan who fails to manage waste properly would be required to clean the site and restore it to its original state failure to which the government will prescribe the charges. 

However before the punishment is imposed, the person responsible will be given a period of six months to respond to accusations of littering.

File photo of Ngong dumpsite in Kenya
File photo of Ngong dumpsite in Kenya
File

Other than that, failure to properly segregate waste during disposal would attract a fine of not less than Ksh20,000.

According to the law, a Cabinet Secretary would be tasked with crafting waste management, and the accounting officer of a public entity shall be responsible for the management of waste.

The accounting officer will ensure that any person whose activities generate waste shall collect, segregate and dispose it correctly.

Those handling any form of waste would also be expected to ensure that the waste is delivered to a firm responsible for collection and disposal.

"Any person whose activities generate waste ensures that the waste is transferred to a person who is licensed to transport and dispose of the waste in accordance with the law," the law states.

According to the newly-signed law, a person who fails to honour the regulations will be penalized. The same charges will also be prescribed to officers who fail to execute their duties.

"A person in charge of a public entity that discharges waste contrary to the provisions of this section. commits an offence and shall, on conviction, be liable to a fine not exceeding one million shillings or a term of imprisonment not exceeding one year or both.

An officer of an entity who discharges waste contrary to the provisions of this section commits an offense and shall, on conviction, be liable to a fine not exceeding two hundred thousand shillings or imprisonment for a term not exceeding six months or both," the Bill read in part.

To ensure all Kenyans adhere to all the rules set by the government, all county governments will be required to enact a county sustainable waste management legislation.

Additionally, governors will be expected to establish waste recovery and recycling facilities and sanitary landfills for the disposal of non-recoverable waste, incentivise the collection and separation of waste at its source in neighbourhoods and informal settlements and ensure that cities plan for waste management facilities as part of city expansion.

They would also be expected to prepare a county waste management plan and quarterly monitoring reports for cities, urban areas, municipalities, and administrative units; and maintain data on waste management service provision by waste management service providers and share the information at least once in each year through the national waste information system.

The new laws are meant to ensure that the environment is kept clean and every citizen is held accountable for their actions.

A photo of an emptied litter bin in the Nairobi CBD
Litter pictured near the Kenya National Archives building in Nairobi on Tuesday, March 3, 2020.
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