In line with its commitment to enhancing environmental sustainability, the Cabinet Secretary for Environment, Climate Change and Forestry gazette eight (8) critical regulations aimed at improving waste management, air and water quality, and the handling of hazardous materials. These regulations took effect on 6th December 2024, and businesses are strongly encouraged to familiarize themselves with the changes to ensure compliance.
- The Sustainable Waste Management (Extended Producer Responsibility) Regulations, 2024 (Legal Notice No. 176 of 2024)
They operate under the Sustainable Waste Management Act, Cap. 387C, Laws of Kenya.
The objective of these regulations is to extend the responsibility of a producer over a product and its packaging during the life cycle of the product or its packaging, provide a framework for the establishment and operation of mandatory extended producer responsibility schemes and provide for the operationalization of the polluter pays principle.
These Regulations apply to producers, extended producer responsibility compliance schemes, products set out in the First Schedule, products that produce waste that negatively impact the environment, human and animal health, due to the challenges they pose on reuse, recyclability and recoverability and the high management cost of the products at post-consumer stage because of the quantities involved, hazardous nature and risks involved.
They give effect to section 13 of the Sustainable Waste Management Act.
They took effect on 4th November 2024.
- The Environmental Management and Coordination (Water Quality) Regulations, 2024 (Legal Notice No. 177 of 2024)
They operate under the Environmental Management and Co-ordination Act, Cap. 387, Laws of Kenya.
They provide for prevention of water pollution and protection of sources of water and apply to drinking water, water used for industrial purposes, water used for agricultural purposes, water used for recreational purposes, water used for fisheries and wildlife and water used for any other purposes.
They establish standards for wastewater management to ensure clean and healthy water resources and provision of standards for water for different uses.
The eleventh schedule has been enhanced to include all chargeable functions.
They are accessible at https://shorturl.at/VgEaw
- The Environmental Management and Coordination (Waste Management) Regulations, 2024 (Legal Notice No. 178 of 2024)
They operate under the Environmental Management and Coordination Act to provide a framework for the management of waste and abatement of pollution guaranteed under Article 42 of the Constitution and statutory guarantees of ensuring clean, safe and sustainable environment for all people.
These Regulations apply to the handling, storage, transportation, segregation and destruction of waste by providing for guidance, procedures and standards for environmental governance to ensure compliance in the waste management sector.
- The Environmental Management and Coordination (Sand Harvesting) Regulations, 2024 (Legal Notice No. 179 of 2024)
They operate under the Environmental Management and Coordination Act to establish a framework for the sustainable utilization of sand resources and good environmental practices during sand harvesting.
This is a novel Regulation that seeks to give effect to the erstwhile Sand Harvesting Guidelines of 2007 and devolve the sand harvesting activity.
They establish the Ward Sand Harvesting Committee in each Ward where sand harvesting activities occur. The Committees are charged with the following duties:
- inform the agenda of the County Environment Committee through proposals relating to sand harvesting activities in the Ward.
- co-ordinate and mobilize communities and other stakeholders in the Ward to design and implement sand harvesting activities.
- facilitate research and knowledge management at the Ward level on sand harvesting, its impacts and strategies for responding to the impacts.
- facilitate public education, awareness creation, and capacity building at the Ward level on sand harvesting, its impacts and response strategies; and
- co-ordinate, facilitate and manage community consultations on priority sand harvesting activities.
- The Environmental Management and Coordination (Air Quality) Regulations, 2024 (Legal Notice No. 180 of 2024)
They operate under the Environmental Management and Co-ordination Act.
The Regulations provide for prevention, control and abatement of air pollution to ensure clean and healthy air.
They apply to internal combustion engines, premises, places, processes, operations or works to which the provisions of the EMCA and the Regulations made apply.
These are a significant improvement of the 2014 Regulations and introduces various improvements including emission testing from mobile sources.
- The Environmental Management and Coordination (Management and Control of Plastic Packaging Materials) Regulations, 2024 (Legal Notice No. 181 of 2024)
They operate under the Environmental Management and Coordination Act.
They establish a framework for the management and control of the use of plastic packaging materials and promote the use of environmentally friendly packaging material.
These Regulations specifically strengthen the gazette notices banning the use of plastics.
To preserve and promote a clean and healthy environment for sustainable development and promote the recycling of plastic packaging material.
- The Environmental Management and Coordination (Management and Control of Toxic and Hazardous Chemicals and Materials) Regulations, 2024 (Legal Notice No. 182 of 2024)
They are promulgated under Sections 92 and 147 of the Environment Management and Coordination Act. The Regulations are meant to ensure protection of human health and environment from adverse effects of toxic and hazardous industrial chemicals and materials and reduce risks posed by chemicals and provide for the sound management of chemicals. They also ensure the free movement of chemical products.
Conclusion
The enactment of these Regulations is a step towards achieving a clean and safe environment under Article 42 of the Kenya Constitution 2010.
This is a short summary to unpack the recently gazette environmental regulations. For further information or specialized legal assistance, please contact us at info@bmmusau.com or visit our offices:
I am a Kenyan Advocate and the Managing Partner of B M Musau & Co., Advocates, a position I have held since 1999. My work encompasses regulatory reforms, reduction of administrative burdens, the structure of business entities, joint ventures, acquisitions, banking, foreign investment and other general corporate areas
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