A review of Extended Producer Responsibility (EPR) practice and regulation in Kenya

This review explores Kenya’s implementation of Extended Producer Responsibility (EPR) regulations to promote sustainable waste management. The review examines the legal framework, key regulations, and their impact on producers, Producer Responsibility Organizations (PROs), and the environment. It also discusses the role of the Sustainable Waste Management Act 2022 in complementing EPR efforts.

In response to environmental and health concerns, Kenya’s Ministry of Environment and Forestry established the Extended Producer Responsibility (EPR) Regulations under the Environmental Management and Co-ordination Act of 1999. These regulations require producers to ensure sustainable waste management through the “polluter pays principle” across their product’s life cycle. Additionally, the Senate passed the Sustainable Waste Management Bill, 2021, further promoting efficient waste management.

Besides international laws, Kenya has its own laws about EPR in the Constitution, Articles 10(2) and 42, and the Environmental Management and Coordination Act No. 8 of 1999. These rules include:

1. Precautionary principle (preventing harm)

2. Polluter pays principle (companies pay for the waste they make)

3. Zero waste principle (making products with less waste), and incentives for landowners to protect the environment.

Kenya’s EPR rules for packaging make companies responsible for their products from start to finish. Companies can do this individually, collectively or transfer their responsibility to Collective Schemes. Producer Responsibility Organizations (PROs) help with collection, sorting, recycling, and manage waste. Each type of product needs a PRO. Companies must submit plans every two years. Working with local governments and businesses is important for effective waste management.

The Sustainable Waste Management Act 2022 also helps with EPR. It makes both public and private companies responsible for managing their products after people use them. Companies must also make plans to manage their waste and use cleaner ways to make things. The Act creates a council to help manage waste across the country.

Finally, the 2014 National Environment Policy wants to create a plan for managing all waste in Kenya. This plan will help make laws and rules about waste management, and EPR is an important part of this plan.

In conclusion, Kenya is working hard to manage waste in a sustainable way. It’s important for companies and PROs to follow the rules to help protect the environment.

Disclaimer:

The information provided in this article is intended for informational purposes only and should not be construed as legal advice. Don’t hesitate to get in touch with us at info@koassociates.co.ke for any queries or legal advice.