Extended Producer Responsibility (EPR) now law in Kenya

Kenya has implemented the Sustainable Waste Management (Extended Producer Responsibility) Regulations, Legal Notice No 176 of 2024, marking a major shift in how waste is managed in the country.

Effective from 4 November 2024, the rules place the onus on producers, importers and brand owners to manage the entire life cycle of their products.

Under these new extended producer responsibility (EPR) regulations, firms must register with the National Environment Management Authority (NEMA), develop take‑back systems, pay fees tied to product volumes, and submit annual reports—all by the compliance deadline of 4 May 2025.

All entities introducing goods, packaging or products into Kenya—whether through manufacturing, import or rebranding—must register with NEMA and obtain an annual licence.

This includes importers of listed items, obligated to register and pay EPR fees within six months of the regulations coming into force.

Registration involves submission of a four‑year compliance plan and secures a Producer Responsibility Number necessary for product clearance.

The regulations mandate producers to implement take‑back schemes—such as deposit‑refund systems or collection partnerships—to ensure post‑consumer waste is responsibly collected and processed.

EPR fees, set by the Cabinet Secretary, are paid based on the volume of products placed on the market and support waste infrastructure.

Producers must also maintain detailed records covering production volumes, waste collection, recycling and disposal, submitting annual reports to NEMA and county authorities.

These EPR regulations stem from the Sustainable Waste Management Act of 2022, which codified principles like the polluter‑pays model, zero‑waste ideology and circular economy frameworks.

The Act tasks the Cabinet Secretary with creating regulations to operationalise these principles, now realised through the EPR rules.

Previous measures—including the 2017 single‑use plastic bag ban—have helped tackle pollution, but take‑back schemes and mandatory EPR fees represent a more comprehensive, lifecycle‑focused strategy.

Businesses are urged to register by 4 May 2025, design effective waste collection programmes, engage with producer responsibility organisations (PROs), and improve product recyclability through design and consumer education.

Joining PROs can ease the administrative burden, enabling collective compliance. Enforcement will be robust—companies failing to register or submit accurate data may face legal action, financial penalties or licence revocation.