Kenya - The Sustainable Waste Management Act (No. 31 of 2022) (Extended Producer Responsibility) Regulations, 2022

​The National Environment Management Authority (NEMA) announces the Sustainable Waste Management Act (No. 31 of 2022) (Extended Producer Responsibility) Regulations, 2022

(1) The purpose of these Regulations shall be to:

(a) Extend the responsibility of a producer over a product and its packaging during the entire life cycle of the product or its packaging;

(b) Provide an overarching framework for establishment and operation of mandatory extended producer responsibility schemes;

(c) Optimize the life cycle approach to management of products and associated wastes;

(d) Enhance resource mobilization for management of products and sustainable waste management;

(e) Operationalization of polluter pays principle; and

(f) Promote collaborative approach in management of products and associated wastes;

2. These Regulations shall apply to: (a) a producer; (b) an individual extended producer responsibility compliance schemes; and (c) a producer responsibility organization.

3. (i)These Regulations shall apply to the products set out in the First Schedule.

(ii) The products covered under these Regulations shall be those that negatively impact the environment and health due to:

(a) The challenge they pose on: (i) reuse; (ii) recyclability; and (iii) recoverability.

(b) The high management cost of the products at post-consumer stage because of the:

(i) Quantities involved; (ii) hazardous nature; (iii) risks involved.

Proposed date of adoption: September 30, 2023