Mixing your household waste such as food, jars and cans will soon land you in trouble.
A new law now outlines harsh penalties for waste generators who fail to sort waste into various streams.
The Sustainable Waste Management Act 2022 outlines that those who fail to sort their waste at household will be slapped with a six-month jail term or pay Sh 20,000 as fine.
“ It is our responsibility to protect and conserve our environment for our survival. This starts with you at the house hold level when you segregate waste” says National Environment Management Authority (Nema) Director General Mamo Mamo.
The Act calls for the segregation of non-hazardous waste into organic and non-organic types.
This is because sorting waste makes recycling, reusing much easier.
Authorities are banking on the new law to cut the amount of waste going into the landfills as well as transition the country away from linear model of waste management to circular model.
The new law will see five percent of waste incinerated, 30 percent recycled and 60 percent turned into manure.
Only 5 percent will, go to land fills.
The law outlines that the devolved units will have two years to develop their own legislation in consultation with the national government, the public and other parties.
Counties will have to enact regulations prescribing investment in sustainable waste management, including waste collection, separation, treatment, processing, recovery, and sanitary final disposal of waste.
Each county will also establish a material recovery facility for final sorting, segregation, composting and recycling of waste.
The new law says any person whose activities generate waste will collect, segregate, dispose of or arrange disposal of waste in accordance with the law.
The person or persons moving the segregated waste must be licensed by Nema.
Segregated waste will be placed in properly labeled and color-coded receptacles, bins and bags to be provided.
The law mandates Environment Cabinet Secretary in consultation with Nema to gazette the national color coding system for waste management.
Under the color coding system wet or organic waste will be loaded into Green bins, while general waste will be accommodated in black bins.
Waste that can be recycled( dry) will be loaded into blue bins this includes glass materials.
Waste that are hazardous in nature will handled separately and managed according to the Environmental Management and Coordination Act, 1999 and other laws.
Such wastes have the potential to harm human health or the environment.
The new law does not spare producers as they will be held responsible.
“Every producer shall bear extended producer responsibility (EPR) obligations to reduce pollution and environmental impacts of the products they introduce into the Kenyan market and waste arising therefrom,” the new law read.
EPR is an environmental protection strategy that makes the manufacturer responsible for the entire life cycle of the product and especially for the take back, recycling and final disposal.
Some of the products that are subjected to EPR include composites, agricultural film, batteries, oils and lubricants, plastic and rubber, and aluminum products.
Others are glass, electrical and electronic equipment, furniture, paper and carton, mercury auto switches and thermostats, paints, and pharmaceuticals.
Tyres, automobiles, leather, rubber and agrochemicals will also be subjected to EPR.
A provider who violates the law will be committing an offence and on conviction could be fined as much as Sh50,000, or imprisoned for six months. Or both.
The new law come into effect even as new statistics shows that a number of counties still grapple with how to handle waste.
The Economic survey 2024 shows that Nairobi county generated 1195 Metric tonnes of waste in 2023 but only managed to collected 1025 metric tonnes.
In 2024, Nairobi generated 1139.2 metric and collected 509.6 metric tonnes.
Mombasa in 2023 generated 12,00 metric tonnes and collected 700 metric tonnes while in 2024 it generated 1047 metric and collected 650 metric tonnes.
Kisumu city in 2023 generated 227.9 metric tonnes and collected 68.4 metric tonnes.
In 2024, it generated 231.6 metric tonnes but managed to collect 69.4 metric tonnes.
If adopted well, the circular waste management model has the potential to convert waste into wealth while conserving the environment and ensuring public health.
