Kenya gazetted the Sustainable Waste Management (Extended Producer Responsibility) Regulations, 2024 (Regulations), on 4 November 2024 to operationalise the EPR provisions of the Sustainable Waste Management Act, 2022 (Act). The Regulations apply to producers, stipulated products, product packaging, and designated EPR compliance schemes.
The Regulations establish EPR Compliance Schemes (individual or collective) and lists certain products that are subject to EPR compliance. An individual EPR compliance scheme is a system where direct execution of the EPR obligations falls on an entity that is a producer of a product, while in collective EPR compliance schemes, producers execute their EPR obligations through a producer responsibility organisation.
Products subject to EPR compliance are those that produce waste that negatively impact the environment, human and animal health due to the challenge they pose on reuse, recyclability, and recoverability; and high management cost of the products at post-consumer stage because of the quantities involved, hazardous nature and risks involved. More specifically, the First Schedule of the Regulations outlines a list of products and packaging that are subject to EPR compliance schemes and the fees they attract per item. They include packaging for non-hazardous products such as cardboard, glass, plastic and aluminium; packaging for hazardous products like industrial chemicals, treated wood and agricultural films; electrical and electronic equipment, mercury auto switches, thermostats, battery and accumulators; end of life motor vehicles; and non-packaging items such as rubber, sanitary towels and diapers among others.