Kenya has made significant progress in environmental governance through the
Environmental Management and Coordination Act (EMCA, 1999), the sustainable Waste Management Act (2022), and most recently, the Sustainable Waste Management (Extended Producer Responsibility) Regulations (2024).These frameworks establish the right to a clean and healthy environment and assign producers responsibility for managing the environmental impacts of their products throughout their life cycle.
However, despite these advances, these multiple policy, legal and regulatory frameworks remain largely focused on recycling and post-consumer waste management, rather than preventing waste through systemic refill and reuse solutions. While reuse is mentioned conceptually in EPR regulations, they are not yet supported through specific mandates, standards, or incentives. This creates a critical policy gap especially as Kenya grapples with growing plastic pollution, rising consumer packaging waste, and limited circular infrastructure. Unclear boundaries exist between county waste collection mandates and
Producer Responsibility Organisations (PROs) operating take-back schemes in municipal areas. Waste management is a devolved function managed by County Governments under the 2010 Constitution. However, the 2022 Act and 2024 EPR rules are nationally driven via NEMA. Many counties lack the institutional capacity, local legislation, or revenue-sharing frameworks to align with national EPR collection models.
Policy Recommendations: Strengthening Refill and Reuse Systems in Kenya’s Environmental Framework
