Extended Producer Responsibility in Waste Management

Kenya faces mounting waste management challenges. The country generates between 3,000 and 4,000 tonnes of waste daily, with 20–30% comprising plastic, metal, and paper. Yet, only 5–10% of plastic waste is recycled, due to underdeveloped infrastructure and public awareness.

In response, Kenya has adopted Extended Producer Responsibility (EPR) through the Sustainable Waste Management Act of 2022 and EPR Regulations gazetted on 4 November 2024. Together, they shift the onus of post-consumer waste management onto producers and importers of targeted product categories. This article analyses Kenya’s EPR journey, including what has been done, the entrenched challenges, possible solutions, and lessons from developed nations.

1. What Has Been Implemented

a) Legislative Milestones

• Sustainable Waste Management Act (2022) mandates that producers finance or arrange recovery and recycling of waste arising from their products.
• Extended Producer Responsibility Regulations (2024) define EPR compliance schemes, either individual or collective (through a Producer Responsibility Organ­isation, PRO), list target products, and set deadlines: producers must register with NEMA and submit a four-year EPR plan by May 2025.

b) Product Scope

The Regulations cover a broad range of products:

• Non‑hazardous packaging: plastic, cardboard, glass, aluminium
• Hazardous packaging: agricultural films, treated wood
• Electrical and electronic equipment, batteries, accumulators
• Non‑packaging items: tires, sanitary towels, diapers, motor vehicles.

c) Stakeholder Engagement

• KEPSA, through Sustainable Inclusive Business Kenya, has partnered with NEMA and Prosper Africa to facilitate workshops on EPR awareness and collective planning through 2023–2024, spanning Nairobi and Mombasa.
• Over 150 producers from diverse industry sectors presented EPR implementation strategies, including product design reforms, recycling infrastructure plans, consumer education plans, and mechanisms for informal waste collector inclusion.

d) Early Implementers

• Coca‑Cola Beverages Africa (Kenya) is piloting its global “World Without Waste” initiative, committing to collect and recycle bottles equivalent to those sold by 2030, working with PETCO Kenya PRO.

• Local social enterprises such as Ecopost and Gjenge Makers, led by Kenyan environmental entrepreneurs, are turning plastic waste into valuable building materials, recycling millions of kilograms and creating jobs in marginalized communities.

2. Major Challenges Facing EPR Implementation

a) Weak Enforcement and Governance

• NEMA remains the central enforcement authority, but county governments lack enforcement capacity, resulting in uneven compliance across counties.
• Cases of corruption and lack of transparency in licensing and tender processes further undermine regulatory integrity.

b) Financial Barriers for SMEs

• Small and medium enterprises (SMEs) struggle with costs: registering EPR plans, joining PROs, setting up buy-back centres, and reporting to NEMA, all of which pose a heavy financial burden.
• Producers worry these costs may be passed to consumers, potentially raising prices and triggering pushback.

c) Low Public Awareness & Consumer Engagement

• A 2022 UNEP survey revealed that only about 40% of consumers in Kenya knew companies are supposed to manage post‑consumer waste.
• Without public pressure or demand, corporate motivation to comply remains limited.

d) Informal Sector Exclusion

• Waste pickers (the backbone of Kenya’s recycling ecosystem) are not systematically integrated into EPR schemes or PRO frameworks, threatening their livelihoods.
• The law and regulations lack mandatory inclusion mechanisms such as quotas or representation on advisory councils.

e) Infrastructure & Data Gaps

• There are few Material Recovery Facilities (MRFs), limited sorting and recycling infrastructure, and inadequate waste collection logistics outside urban areas.
• A lack of reliable waste data hampers planning, monitoring, and objective compliance evaluation.

3. Possible Solutions and Strategies

a) Strengthening Enforcement & Governance

• Decentralize enforcement: build provincial and county-level capabilities to track compliance, audit PROs, and sanction violators.
• Enforce transparency: tender processes, licensing, and funding flows should be publicly reported and audited.

b) Supporting SMEs & PRO Models

• Provide tax incentives, subsidies, or tax holidays for eco‑product investments and recycling infrastructure, as suggested by KAM and manufacturers.
• Encourage collective PRO schemes to lower individual costs and reduce duplication.
• Offer capacity-building grants or soft lines of credit toward establishing EPR operations.

c) Raising Public Awareness

• Launch nationwide consumer education efforts through media, schools, and community groups about EPR, product design, waste segregation, and recycling benefits.
• Publicize success stories—like Ecopost and Gjenge Makers—to inspire behavior change and demand for sustainable packaging.

d) Integrating Informal Waste Actors

• Legally recognize and formalize waste pickers through registration, cooperatives, and inclusion in advisory and governance bodies.
• Mandate PROs to allocate quotas or contracts to informal aggregators or collection points.
• Provide training, fair pay, safety gear, and transparent traceability mechanisms—possibly using mobile‑money for verification.

e) Building Infrastructure & Better Data Systems

• Invest in local MRFs, buy-back centres, and reverse-vending machines in counties.
• Collaborate with PROs and local governments to map waste flows and publish performance dashboards.
• Leverage technology—e‑reporting systems, QR codes on packaging—to support tracking and compliance.

4. What Kenya Can Learn from Developed Nations

a) The EU Model: Mandatory Producer Design Requirements

• The EU’s Single-Use Plastics Directive imposes bans on many single-use items, while mandating eco-design to improve recyclability and reduce lifecycle costs.
• Kenya can follow suit by requiring minimum recycled content, standardized recyclable material, and designs that facilitate recovery and sorting.

b) Transparent PRO Oversight & Accountability

• In Europe, PROs often operate within regulated frameworks with public reporting and independent audit. Kenya can adopt these transparency models to ensure trust and compliance.

c) Fee-Based EPR and Financial Flows

• European EPR schemes typically tie fees to volume and recyclability, encouraging producers to redesign products for lighter environmental footprint.
• Kenya’s Regulation fees (first schedule) could escalate based on recyclability metrics and eco-design certifications to incentivize innovation.

d) Inclusive Multi‑Stakeholder Governance

• Many advanced EPR systems include stakeholder boards with producer representatives, municipality delegates, validators, and citizen groups.
• Kenya’s draft National Waste Management Council under the 2022 Act could be expanded to include waste picker organizations and civil society representatives.

e) Public Awareness & Cross‑Sector Collaboration

• Cities like San Francisco, Stockholm, or Tokyo pair policy with education and broad civic campaigns to shift consumer behavior. Kenya can replicate sustained public engagement to normalize recycling culture.

5. Success Stories from Kenya’s Innovators

• Ecopost, founded by Lorna Rutto, recycles over 30 tonnes of plastic monthly, producing eco-friendly lumber products that conserve forests and create jobs in marginalized communities.
• Gjenge Makers, founded by Nzambi Matee, transforms mixed plastic waste into bricks reportedly stronger than concrete—demonstrating scalable, marketable circular economy business models.
• Such enterprises not only reduce waste volumes but also embody how EPR frameworks can spur local innovation, livelihoods, and social impact.

6. The Way Forward—Transitioning to a Fair, Effective EPR Ecosystem

Conclusion

Kenya’s embrace of Extended Producer Responsibility represents a pioneering shift towards sustainable production and circular economy principles in Africa. With the 2022 Act and 2024 Regulations in place, the legal and policy framework now exists—providing a foundation for change.

Yet, success hinges on effective enforcement, inclusive stakeholder participation, financial support for SMEs, infrastructure development, and public engagement. Kenya’s innovators (like Ecopost and Gjenge Makers) show the power of locally-led, circular solutions.

By drawing on best practices from European EPR models, transparent PRO governance, eco-design mandates, stakeholder boards, and consumer education, Kenya can craft an EPR ecosystem that is equitable, efficient, and globally competitive.

If Kenya rises to this challenge, it could not only meet its national goal of 40% recycling by 2030 (Kenya Plastics Pact), but also pave the way as a leader for sustainable development across Africa.