New NEMA rule to regulate donations of electrical and electronic equipment

According to the draft Sustainable Waste Management Regulations 2024, institutions and organizations receiving donated electronics must register with NEMA upon receipt.
Donations of electrical and electronic equipment in Kenya will now be subject to compliance with a new rule under the Extended Producer Responsibility (EPR) framework, as outlined by the National Environment Management Authority (NEMA).
According to the draft Sustainable Waste Management Regulations 2024, institutions and organizations receiving donated electronics must register with NEMA upon receipt.
They will be required to declare the type of items, year of manufacture, and other relevant details.
This initiative aims to enhance tracking and management of electronic waste (e-waste) throughout its lifecycle.
Speaking during a stakeholder training forum in Machakos, Newton Osoro, Principal Environmental Education Officer at NEMA, noted that the regulations will ensure all electronic equipment is traceable within the country, helping to streamline its proper disposal at the end of life.
The draft regulations apply to all producers, importers, handlers, recyclers, and refurbishers of electronic equipment. All stakeholders must register with NEMA, obtain an annual compliance certificate, and pay an EPR fee, currently set at Sh150 per item for importers.
Senior Counsel Erastus Gitonga of NEMA added that the EPR fees are vital for managing the end-of-life process of electronic products and promoting sustainable waste management practices.
However, implementation of the EPR fee structure has been delayed by a pending court case filed by producers and importers.
The case challenges the proposed fees, citing insufficient public participation and concerns over the affordability of the charges.