What You Need to Know
The National Environment Management Authority (NEMA) in Kenya is advocating for stringent electronic waste management regulations. The proposed rules will require manufacturers and importers to take responsibility for recycling and safe disposal of e-waste, aiming to mitigate the growing environmental impact of electronic waste in the country.
Africa-Press – Kenya. The National Environment Management Authority has renewed its push for strict electronic waste management rules compelling manufacturers and importers to bear recycling and disposal responsibility.
This is under the Draft Electrical and Electronic Waste Management Regulations, 2025 currently at the public validation stage.
The authority plans to introduce strict Extended Producer Responsibility (EPR) for manufacturers, importers, and distributors to manage, collect and recycle electronic items.
These rules mandate NEMA registration for electronics producers, demand safe disposal and set penalties for illegal dumping.
A person who intends to introduce new or used electrical or electronic equipment into Kenya shall apply to the authority for registration as a producer.
According to NEMA, waste electrical and electronic equipment commonly referred to as e-waste is on the rise in Kenya as well as globally, attributed to rapid changes in technology.
The regulations will provide an appropriate legal and institutional framework and mechanisms for the management of e-waste handling, collection, transportation, recycling and safe disposal.
“Manufacturers and importers must take back products at the end of their life or fund licensed recyclers, ensuring they do not focus only on high-value, easy-to-recycle materials (cherry-picking),” NEMA director general Mamo B. Mamo said.
Producers will be responsible for establishing collection centers and facilitating safe transport of e-waste to licensed recyclers or refurbishers.
This will mainly covers household appliances, ICT equipment, toys, lighting and medical devices.
Proposed penalties include fines such as Sh20,000 or six-month jail term, or forfeiture of goods for unauthorised dumping or importing without registration. Exporting e-waste will also requires a valid permit from NEMA.
The Shippers Council of Eastern Africa (SCEA) which represents importers, exporters and other stakeholders in the logistics and shipping industry, notes the rule will increased the costs of doing business.
“Taking care of the environment is key but regulations are becoming a burden and costly. We also need to appreciate for need to pay the actual costs for services provided.The government need to urgently address the runaway charges,” SCEA chief executive Agayo Ogambi said.
The move on e-waste comes as the authority also moves to implement an the EPR regulations, 2024 on other imported and locally manufactured goods, effective March 14, where importers are now required to obtain an EPR import certificate through the National Electronic Single Window System.
Six lobby groups– the Association Of Kenya Suppliers, Kenya Private Sector Alliance, Kenya Flower Council, Fresh Produce Consortium of Kenya, Kenya International Freight and Warehousing Association and the SCEA have however poked holes on the new rule.
They have called for further talks to address proposals that will negatively impact businesses and consumers.
The rule will see players in the value chain held accountable for the entire lifecycle of their products, including post-consumer waste management and environmental impacts, which comes with an extra cost.
Major concerns by the private sector players include the high cost of compliance where for instance, an importer is required to pay Sh150 per item for every consignment brought into the country.
In addition, the importer must obtain an import permit for each shipment, which carries further financial implications.
Producers are also mandated to register individually with NEMA, paying a one-off registration fee of Sh5,000 or 10,000 under the collective action scheme (Producer Responsibility Organisation – PRO) and an annual renewable license fee of Sh50,000 for individuals or Sh100,000 for schemes.
“The cumulative impact of these costs will directly increase the cost of importation and manufacturing. Inevitably, these additional operational expenses will be passed on to consumers, leading to higher retail prices for essential products,” the private sector groups said.
Products to be most affected include diapers, sanitary towels, detergents and fabric softeners, thereby disproportionately affecting low- and middle-income households.
They have argued that moreover, the flat fee structure (Sh150 per item) does not differentiate between high-risk and low-risk products or between large corporations and SMES, thus placing a heavier financial burden on small businesses and bulk importers.
This, they say could significantly impact SMES, potentially leading to financial distress and closure.
Retail Trade Association of Kenya CEO Wambui Mbarire said the Industry supports the policy but is well aware that, based on engagements with suppliers, manufacturers since before Christmas, the supply chain is not ready for full enforcement.
Industry engagements show that less than five per cent of suppliers and manufacturers had complied with the NEMA regulations as of last month, with many still registering and affiliating with approved EPR schemes.
“While retailers have been engaging suppliers to accelerate compliance, they caution that abrupt enforcement could disrupt supply chains, leading to limited product availability on shelves, higher consumer prices and pressure on local manufacturers and SMEs,” she told the Star.
“We are calling for a phased enforcement approach, prioritising producers and importers in line with EPR principles, with clear transition milestones to protect business continuity while compliance scales up.”
Kenya produces approximately 22,000 to 24,000 tonnes of waste daily, which equates to over eight million tonnes annually.
Most of this waste is organic, but about 20 per cent is plastic, with only about eight to 45 per cent of plastic waste being recycled.
A significant portion (over 75%) is mismanaged, ending up in landfills, open dumpsites, or the environment.
Kenya has been grappling with the increasing challenge of electronic waste, driven by rapid technological advancements and consumerism. The rise in e-waste has prompted NEMA to propose regulations that enforce Extended Producer Responsibility (EPR), compelling manufacturers to manage the lifecycle of their products. This initiative aims to create a sustainable framework for e-waste management, addressing both environmental and public health concerns while balancing the economic implications for businesses.
