2021, Kenya, was developed by the Ministry of Environment and Forestry, and passed into legislation on June 16, 2022. It took effect on July 7, 2022. Find out below how this new legislation may impact your business.
The Objective of the Act
is to reduce pollution, and improve the health of Kenyans and the environment, through sustainable waste management practices. It outlines the responsibilities of the government and private sector to achieve this goal.
The General Principal of the Act
is the right to a clean and healthy environment for all Kenyans through a number of new initiatives:
Polluter Pays Principle - all costs of cleaning up the environment that has been damaged by pollution, and the cost of loss of beneficial land use due to pollution, shall be paid by the polluter.
Payment For Eco Services - payments are made to farmers, or landowners, who have agreed to take certain actions to manage the environment in a positive way as an incentive to conserve natural resources.
Zero Waste Principal - products and processes are designed and managed to reduce the volume/toxicity of waste, reduce energy consumption, and conserve/recover all resources. Waste is treated as a valuable commodity.
The Role of the Government
is to develop policy and regulations, in consultation with local stakeholders, and in adherence to international obligations. The Act outlines the establishment of a Waste Management Council to guide and oversee this process with the general onus on the County governments to implement and administer the program. The government is expected to:
Make polices and regulations for the proper administration of the Act.
Close open dumpsites.
Expand the market for recycled products through incentives.
Promote standards for health and safety of waste handlers, quality/certification of organic waste, operations of dumpsites, and the classification of engineered sanitary landfills.
Form waste collection, material recovery, and recycling co-operative organizations, and facilities.
Facilitate waste-to-energy and waste-to-manure projects.
Facilitate the collection of different types of wastes, including, medical, chemical, and construction waste.
Develop, prepare, and implement an approved waste management plan.
The Responsibilities of the Private Sector
include the segregation of non-hazardous and hazardous waste as prescribed by the Environmental Management and Coordination Act, 1999. In addition, non-hazardous waste is to be segregated into organic and non-organic waste fractions. Producers are expected to have systems in place to reduce the waste volume, pollution and environmental impacts of the products they sell to the Kenyan Market. In addition, private entities are expected to :
Develop and submit a waste management plan for approval every three years.
Prepare and submit annual waste monitoring reports.
Only transfer waste to licensed waste transport providers.
Clean up and restore properties they are using to their natural state.
A person who discharges waste contrary to the provisions of the Act may be liable to fine of up to five million shillings, or imprisonment, for a term not exceeding six months, or both.
Park Environmental
can ensure that you are in compliance with the new legislation by:
Classifying your hazardous and non-hazardous waste streams.
Treating, or stabilizing, your hazardous waste.
Developing and implementing waste management plans.
Preparing annual waste monitoring reports.
Investigating and restoring your sites to their natural state.
Contact us today to discuss your environmental sustainability goals,
Nathan Park M.Sc. PChem. P.Ag. (BC, Canada)
C: 254.746.064.040 (Kenya) | npark@parkenvironmental.com
C: 604.364.1945 (Canada) | www.parkenvironmental.com
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