Producers, importers to pay new fees under Kenya’s waste rules

Businesses in Kenya will start paying new waste-related fees from next month following the introduction of fresh environmental regulations by the National Environment Management Authority (NEMA).

The new rules, known as the Sustainable Waste Management Regulations 2024, will require producers and importers to take full responsibility for their products from the time they are made to when they are no longer usable.

The regulations apply to producers, importers, and brand owners and require them to register with NEMA and pay specific fees based on the products they handle.

In a public notice dated Wednesday, NEMA stated that importers bringing hazardous goods into the country will be expected to obtain Extended Producer Responsibility (EPR) certificates at the point of import and pay fees for every item they bring in.

"An EPR import fee of Ksh150 per item will apply for all imports arriving into the country beginning May 4, 2025," NEMA said.

This fee applies to items under categories 3 and 4, which include hazardous goods such as chemicals, treated wood, electrical and electronic equipment, and accumulators.

"These regulations apply to all producers, including manufacturers, importers, and brand owners of products listed in the first schedule of these regulations," NEMA announced.

Under the new law, all affected producers must apply for registration and acquire an EPR certificate from NEMA within six months of the regulations taking effect.

"All producers of products listed in the first schedule shall, within six months of the commencement of these regulations, apply to NEMA for registration and issuance of an extended Producer responsibility Certificate," the Authority added.

NEMA has advised businesses to apply through its online portal, nema.ecitizen.go.ke.

Members of the public can also access the full regulations document through the same platform.

The new measures are aimed at promoting environmental protection by holding producers accountable for the waste their products generate.

The move is based on the “polluter pays” principle, which requires those responsible for pollution to bear the cost of managing it.

NEMA said the regulations are designed to encourage the production and sale of goods that are environmentally friendly, helping reduce waste in the process.

The authority has also warned of heavy penalties for those who fail to comply.

Offenders risk a fine of up to Ksh2 million, a jail term of up to four years, or both.

Although the regulations are expected to support environmental goals, they may also lead to higher commodity prices due to the added costs on businesses.

NEMA is urging all stakeholders to take the rules seriously and register their compliance schemes without delay.