Pwani Circular Economy Association

EPR TO THANK FOR CLEANER NGONG RIVER NEMA has swung into action to enforce environmental pollution from synthetic items based on on section 13 of the Sustainable Waste Management Act 2022 which requires all producers bear extended producer obligations to reduce pollution and environmental impacts of the products they introduce into the Kenyan market and waste arising therefrom. On 30th August 2023, NEMA asked producers to submit their Extended Producer Responsibility (EPR) plans to ascertain that they had put in place appropriate mechanisms to reduce environmental pollution based on their products. NEMA enforces EPR through an assisted compliance approach model involving feedback loops or cycles of planning, reflection, action and observation. On 18th January 2024, inspectors undertook crucial inspections across the Ngong River catchment area. It was distressingly clear that numerous companies had neglected their Extended Producer Responsibility obligations leading to leakage of their products into the river. In response to these violations, Environmental Restoration Orders were promptly issued in accordance with Section 30(1) of the Sustainable Waste Management Act, 2022. These orders compel the implicated companies to undertake comprehensive cleanup efforts and restore the affected sites to their original, unspoiled state, thereby mitigating the adverse environmental impacts of their actions. The Restoration Orders informed the producers that Products and Packaging bearing their identity were found polluting Nairobi Rivers. They were given thirty (30) days commencing 22nd January, 2024 to clear these items from the river and restore the affected sites to their original, unspoiled state, thereby mitigating the adverse environmental impacts of their actions. Further, they were directed to submit an Extended Producer Responsibility (EPR) Plan indicating their preventive actions to ensure reduction of pollution and environmental impacts of their products and waste arising therefrom within Nairobi River Catchment. On 27th March 2024, the Authority did a joint inspection with the 29 companies to assess cleanliness of the 3 sites upon which an inspection report was shared with all players. NEMA shared the joint inspection report with all the 29 companies. Some sites were adequatey restored while further works were needed in some sites. We are optimistic that clean sites will be handed over to NEMA soon. Fast forward to the most recent site visit at the Likoni Bridge section of the Ngong River. Significant progress has been made, evident in the removal of the obstructive barriers that previously impeded the river's flow. Today, water cascades freely, uninterrupted by the remnants of human neglect. NEMA officials on the ground have noted a remarkable improvement in the site's condition following the diligent cleanup efforts undertaken by the implicated companies. This positive development shows the importance of collective action in safeguarding our precious natural resources for future generations. While this progress is certainly cause for celebration, it's imperative to recognize that our journey towards sustainable environmental management is far from over. NEMA is keen to deliver clean rivers in Kenya through EPR.

ARE YOU A WASTE TRANSPORTER IN KENYA? - ITS MANDATORY TO OBTAIN A NEMA LICENSE The Environmental Management & Coordination Act 1999 (Revised 2015) and EMCA Waste Management Regulations 2006 Section 87 (2) require that waste transporters be licensed by NEMA. The Authority has noted that some waste transporters argue that since they had been licensed by the County Governments, they do not need the NEMA license. This is illegal! The Authority seeks to bring to your attention that the Environment and Land court in Nairobi Petition 3 of 2021 on 3rd August, 2022 ruled that the waste transportation license issued by NEMA is a mandatory requirement for all waste transporters. (Paragraph 142-143). Read the judgement-shorturl.at/ixGHJ The Authority wishes to notify waste transporters that they risk arrest and prosecution for operating without a valid waste transportation license issued by NEMA.