All producers, importers, and brand owners operating in Kenya need to take immediate and proactive measures in response to new regulatory requirements. The National Environment Management Authority (NEMA) has established a definitive deadline: by May 2025, all producers of designated products are required to register under the Sustainable Waste Management (Extended Producer Responsibility) Regulations, 2024. This registration is crucial for compliance with the national efforts to promote environmental sustainability and responsible waste management practices.
Non-compliance with these regulations may lead to severe consequences, including the cessation of product sales in the market and the imposition of significant financial penalties. It is imperative for businesses to familiarize themselves with the specific categories of products affected, ensure timely registration, and implement sustainable practices to mitigate environmental impact. Taking these steps not only aligns with legal obligations but also demonstrates a commitment to corporate social responsibility and environmental stewardship.
Understanding Extended Producer Responsibility (EPR)
The Extended Producer Responsibility (EPR) framework, established under the Sustainable Waste Management Act of 2022, places a significant obligation on producers to oversee the comprehensive lifecycle of their products. This extends from the initial stages of design and production through to the management of waste once these products have been consumed. By adopting this holistic approach, the EPR framework aspires to foster sustainable practices that not only enhance resource efficiency but also play a critical role in mitigating environmental pollution. Through this initiative, producers are encouraged to innovate in eco-friendly design and to implement effective waste management strategies, ultimately contributing to a healthier planet.
Who Needs to Register?
Entities involved in manufacturing, importing, converting, filling, refilling, repackaging, or rebranding products listed in the First Schedule of the Regulations are required to register. This includes a wide range of products such as:
- 1. Packaging materials (plastics, glass, cardboard, aluminum)
- 2. Electrical and electronic equipment.
- 3. Batteries and accumulators
- 4. End-of-life vehicles
- 5. Non-packaging items like rubber, textiles, diapers, and sanitary towels
Producers have two options for fulfilling EPR compliance: they can either create their own scheme or opt to participate in a collective scheme managed by a Producer Responsibility Organization (PRO). It is essential for each of these schemes to be registered with NEMA (the National Environmental Management Authority) and must be accompanied by a comprehensive four-year EPR plan that details the strategies for waste management.
Registration Process and Fees
To comply, producers must:
- Register with NEMA through the official portal.
- Pay a one-time registration fee. (As per the Schedules)
- Submit a comprehensive EPR plan detailing waste management measures, targets, and timelines.
- Importers are also required to obtain an EPR certificate at the point of importation, paying a fee per item as listed in the schedule.
Consequences of Non-Compliance
Failure to register by the deadline carries severe penalties:
- Fines ranging from KES 2 million to KES 4 million.
- Imprisonment for up to four years, or both.
- Revocation of licenses and removal of products from the market.
These stringent measures underscore the government’s commitment to enforcing sustainable waste management practices.
Navigating the complexities of EPR compliance can be challenging. Our firm offers comprehensive support to ensure your business meets all regulatory requirements:
- Developing and reviewing EPR compliance plans.
- Facilitating registration with NEMA.
- Providing tailored legal advice on waste management strategies.
- Conducting training programs for your team and stakeholders.
Act Now to Ensure Compliance
The May 2025 deadline is approaching fast, making immediate action essential. By ensuring compliance, you not only avoid costly penalties but also establish your business as a responsible and forward-thinking leader in the market.
Don’t wait any longer—reach out to D. Otunga & Associates today for personalized support in your compliance journey. Together, we can strengthen your position and commitment to sustainability!
This article is for informational purposes only and does not constitute legal advice. For specific guidance, please consult with a qualified legal professional.