County governments have been given three weeks to fully align with waste management requirements under the Sustainable Waste Management Act.
The National Environment Management Authority (Nema) said counties must urgently shift to a circular economy model, where waste is treated as a resource rather than discarded.
“Take notice that all county governments are required and are hereby directed to, within 21 days, accelerate the transition towards a circular economy in waste management by facilitating segregation of waste at source and in transit by reorganising dumpsites accordingly and giving effect to sections 9,12 16, 17 and 21 of Sustainable Waste Management Act,” Nema director general Mamo Mamo said in a notice.
The Act, passed into law on July 8, 2022, is founded on reducing waste and enhancing recovery. It places obligations on households to separate their waste, transporters to move it without mixing, and county governments to put up facilities that make this possible.
According to the Waste Management Regulations 2024, households and businesses must use colour-coded bins—green for organic matter, black for mixed waste and blue for recyclables. Transporters are barred from carrying unsegregated waste.
Mamo explained that proper segregation will enable recycling, reuse, and recovery, while reducing landfill use. He noted that Nema had already reminded counties on December 19, 2023 and June 18, 2024 to redesign dumpsites with different reception zones for organic, general, recyclable and residual waste.
He warned that Nema can invoke section 27 of the Act if counties ignore the directive, but added that the authority is committed to working with all players to protect the environment for current and future generations.
The law imposes stiff penalties for non-compliance. Households that fail to sort waste face a Sh20,000 fine, six months imprisonment, or both. Waste service providers who breach the law risk a fine of Sh50,000, jail, or both.
The framework also sets out that only 5 per cent of waste should end up in landfills. Of the rest, 60 per cent will be turned into manure, 30 per cent recycled, and 5 per cent incinerated.
Counties are required to develop their own waste management laws, working with the public, national government, and other stakeholders. They must also invest in waste collection, separation, treatment, processing and safe disposal, and establish material recovery facilities for sorting, composting and recycling. Residual waste is to be taken to landfills or long-term storage.
The law further states that anyone moving segregated waste must be licensed by Nema. Hazardous waste must be managed separately, under the Environmental Management and Coordination Act of 1999, because of the risks it poses to human health and the environment.
Producers also share responsibility. “Every producer shall bear extended producer responsibility (EPR) obligations to reduce pollution and environmental impacts of the products they introduce into the Kenyan market and waste arising therefrom,” the law reads.
The EPR principle compels manufacturers to take back, recycle and dispose of products at the end of their life cycle. This covers items such as plastics, batteries, oils, glass, electronic goods, tyres, pharmaceuticals, paints, packaging, furniture, textiles, agrochemicals, and veterinary products.
