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Sustainable Waste Management Act, 2022

The Sustainable Waste Management Act, 2022 (Act No. 31 of 2022) is a landmark piece of legislation in Kenya that seeks to establish a comprehensive legal and institutional framework for the sustainable management of waste. It was enacted on July 7, 2022, by President Uhuru Kenyatta.

Introduction
Objectives of the Act
Key Provisions of the Act
- Extended Producer Responsibility (EPR)
- Waste Management Council
- Waste Management Plans
- Waste Collection and Transportation
- Waste Treatment and Disposal
- Enforcement and Penalties
Case Laws
Conclusion

Introduction

The Act was developed by the Ministry of Environment and Forestry and was passed by the National Assembly on February 23, 2022, with amendments. The Senate passed the Act without amendments on June 16, 2022.

The Act recognizes the importance of waste management in protecting public health, the environment, and promoting sustainable development. It aims to address the challenges posed by waste generation and disposal in Kenya, which has been a major environmental and public health concern.

Objectives of the Act

The Sustainable Waste Management Act, 2022, has several objectives, including:

Promoting sustainable waste management: The Act seeks to promote a circular economy approach to waste management, which emphasizes waste reduction, reuse, recycling, and recovery.
Improving public health: The Act aims to improve the health of all Kenyans by ensuring a clean and healthy environment.
Reducing pollution: The Act seeks to reduce pollution of air, land, fresh water, and marine environments caused by waste.
Ensuring effective waste services: The Act aims to promote and ensure the effective delivery of waste services to all Kenyans.
Creating employment opportunities: The Act seeks to create an enabling environment for employment in the green economy, particularly in the waste management sector.

Key Provisions of the Act

The Sustainable Waste Management Act, 2022, contains several key provisions that aim to achieve its objectives. These include:

Extended Producer Responsibility (EPR)

The Act introduces the concept of Extended Producer Responsibility (EPR), which makes producers responsible for the entire life cycle of their products, including their disposal. This means that producers are required to take back their products at the end of their useful life and ensure their proper recycling or disposal.

The EPR provisions are further elaborated in the Sustainable Waste Management (Extended Producer Responsibility) Regulations, 2022. These regulations specify the responsibilities of producers, including:

Product design: Producers are required to design products that are easy to recycle and reuse.
Take-back schemes: Producers are required to establish take-back schemes for their products, either individually or collectively.
Financial contributions: Producers are required to make financial contributions to support waste management infrastructure and programs.

Waste Management Council

The Act establishes a Waste Management Council, which is responsible for providing strategic direction and oversight for waste management in Kenya. The Council is composed of representatives from various stakeholders, including the government, private sector, civil society, and academia.

The Council's responsibilities include:

Developing national waste management policies: The Council is responsible for developing and reviewing national waste management policies.
Monitoring and evaluating waste management programs: The Council is responsible for monitoring and evaluating the effectiveness of waste management programs.
Promoting research and innovation: The Council is responsible for promoting research and innovation in waste management.

Waste Management Plans

The Act requires all counties to develop and implement comprehensive waste management plans. These plans must include strategies for:

Waste reduction: The plans must include strategies for reducing waste generation at source.
Waste collection and transportation: The plans must include strategies for collecting and transporting waste in a safe and efficient manner.
Waste treatment and disposal: The plans must include strategies for treating and disposing of waste in an environmentally sound manner.

Waste Collection and Transportation

The Act sets out requirements for the collection and transportation of waste, including:

Segregation at source: The Act encourages the segregation of waste at source, which helps to facilitate recycling and recovery.
Collection systems: The Act requires the establishment of efficient waste collection systems in all counties.
Transportation standards: The Act sets out standards for the transportation of waste, including requirements for safe and secure transportation.

Waste Treatment and Disposal

The Act sets out requirements for the treatment and disposal of waste, including:

Waste treatment technologies: The Act encourages the use of environmentally sound waste treatment technologies.
Landfill management: The Act sets out standards for the management of landfills, including requirements for proper siting, design, and operation.
Waste-to-energy: The Act encourages the development of waste-to-energy projects.

Enforcement and Penalties

The Act provides for a range of enforcement mechanisms and penalties to ensure compliance with its provisions. These include:

Inspection and monitoring: The Act empowers the National Environment Management Authority (NEMA) to inspect and monitor waste management facilities.
Enforcement orders: NEMA can issue enforcement orders to address violations of the Act.
Fines and imprisonment: The Act provides for fines and imprisonment for individuals and companies that violate its provisions.

Case Laws

There are no specific case laws related to the Sustainable Waste Management Act, 2022, as it is a relatively new piece of legislation. However, there are several relevant case laws that have been decided under the Environmental Management and Coordination Act (EMCA), 1999, which provides the overarching legal framework for environmental protection in Kenya.

The National Environment Management Authority (NEMA) v. Kenya Breweries Limited (2003) eKLR: This case involved a dispute over the disposal of industrial waste by Kenya Breweries Limited. The court held that the company had a duty to ensure that its waste was disposed of in an environmentally sound manner and that it was liable for any environmental damage caused by its waste disposal practices.
The National Environment Management Authority (NEMA) v. Kenya Power and Lighting Company Limited (2008) eKLR: This case involved a dispute over the disposal of hazardous waste by Kenya Power and Lighting Company Limited. The court held that the company had a duty to ensure that its hazardous waste was disposed of in accordance with the relevant regulations and that it was liable for any environmental damage caused by its waste disposal practices.

Conclusion

The Sustainable Waste Management Act, 2022, is a significant step towards addressing the challenges of waste management in Kenya. The Act provides a comprehensive legal framework for promoting sustainable waste management practices, protecting public health, and reducing environmental pollution. The Act's provisions on Extended Producer Responsibility, the Waste Management Council, and waste management plans are particularly important for ensuring effective waste management in Kenya.

The Act is expected to have a significant impact on the waste management sector in Kenya. It is likely to lead to increased investment in waste management infrastructure and technologies, as well as the development of new business models for waste management. The Act is also expected to raise awareness of the importance of waste management among the public and encourage more sustainable consumption patterns.

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