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On 7th May 2025, the High Court in Nairobi issued conservatory orders in the constitutional petition Law Society of Kenya vs. National Environment Management Authority (NEMA) & Others. These orders temporarily halt the implementation of the Extended Producer Responsibility (EPR) Regulations 2024, which had been officially launched on 5th May 2025. The implementation of EPR in Kenya was expected to cause significant disruptions in the operations of the country’s waste recovery and recycling sectors, as manufacturers would now be legally responsible for the entire lifecycle of their products.

The Law Society of Kenya (LSK) filed a petition challenging recent administrative directions issued by NEMA. These directives, if enforced, would have:

• Introduced abrupt new licensing and operational requirements,
• Disrupted ongoing waste management activities, and
• Lacked the necessary legal backing and public participation required under the Constitution.

LSK argued that the directives threatened constitutional rights and risked causing irreparable harm to affected parties, including businesses already licensed under existing environmental regulations.

The High Court of Kenya, through Hon. Mr. Justice Bahati Mwamuye, found merit in these aforementioned concerns and issued conservatory orders suspending NEMA’s directives on EPR implementation. This means:

• The contested directives from NEMA are currently halted.
• All stakeholders, including recyclers and waste handlers, may continue operating under the previous regulatory framework without any legal consequences. Compliance to the EPR directives

The case will be mentioned in court on 16th June 2025 to confirm compliance with the conservatory orders and to schedule an expedited hearing of the substantive matter.

What This Means for KAWR Members

For members of the Kenya Association of Waste Recyclers (KAWR), the ruling has several important implications/ramifications:

1. No Legal Obligations

You, by law, are not required to follow the provisions of EPR (2024) Regulations. However, while the court process has temporarily halted EPR enforcement, the Sustainable Waste Management Act (2022) and other applicable regulatory provisions remain in force.

2. 2. Temporary Legal Shield

Until the case is heard and decided, NEMA cannot enforce the challenged rules. This protects your business from abrupt compliance demands, penalties, or suspensions stemming from the provisions of EPR (2024) Regulation.

3. Strategic Advocacy Window

This pause creates a valuable window for meaningful engagement and reflection on sector readiness in the event the conservatory order are lifted.

 

Kenya Association of Waste Recyclers encourages all its members to;

• Continue Current Operations: Remain compliant with existing legal and licensing requirements.
• Stay Informed: KAWR is closely monitoring the court proceedings and will issue updates as developments unfold. Any question, concern, or clarification can be addressed to info@kenyarecyclers.co.ke or our hotline number 0737 526 588
• Prepare for Engagement: Be ready to provide input when public consultations or stakeholder meetings are announced.
• Document Impacts: Maintain internal documentation on how the proposed directives would have affected your operations—this could be vital for future advocacy or legal support.

The matter is scheduled to return to court for mention on 16th June 2025.

 

The Conservatory Orders are shared below for your reference.

High Court Conservatory Orders Blog 2

Environmental sustainability depends on efficient waste management, and producer subsidies are vital to the financing of waste management organizations (WMOs) in Kenya. However, preserving stakeholder trust depends on making sure these subsidies are used efficiently and openly. The Kenya Association of Waste Recyclers (KAWR) is dedicated to resolving these issues by implementing organized supervision procedures that support efficiency, justice, and accountability.

Enhancing Contractual Structures

Working together with WMOs and Producer Responsibility Organizations (PROs) to create standardized contracts is one of the main initiatives KAWR is pursuing. The terms, conditions, and intended use of subsidies are spelled out in these contracts. Additionally, they contain particular performance metrics and benchmarks to guarantee that funds are distributed and used.

Systems for Digital Tracking and Reporting

KAWR is promoting the use of digital platforms that monitor the transfer of subsidies from PROs to WMOs to increase transparency. These platforms give stakeholders access to real-time data on how funds are being spent, enabling them to keep an eye on developments and guaranteeing efficient use of subsidies.

Audits by Third Parties

To guarantee that subsidies are being used appropriately, independent verification is crucial. Third-party audits will be carried out regularly, according to KAWR. The results of these audits will be made available to the general public, enhancing stakeholder confidence and accountability.

Building WMO Capacity

Strong administrative abilities and financial awareness are necessary for efficient subsidy management. For WMOs, KAWR is planning training courses on compliance, reporting, and financial management. WMOs will be better able to fulfill their contractual responsibilities and follow best practices.

Public Disclosure and Involvement of Stakeholders

The foundation of accountability is transparency. PROs and WMOs are being urged by KAWR to release comprehensive reports on the use of subsidies, including costs and results. To promote trust and well-informed decision-making, these reports will be distributed to the public, PROs, and government authorities.

Mechanisms for Grievance Redress

Mechanisms for reporting instances of subsidy misuse or misallocation must also be part of a robust oversight system. To guarantee that complaints are handled quickly and that remedial action is done when required, KAWR is setting up avenues for stakeholders to voice concerns.

Cooperation with Regulatory Organizations

To ensure adherence to subsidy agreements, KAWR is collaborating closely with regulatory bodies including the National Environment Management Authority (NEMA). This entails creating policies and procedures that control the distribution and application of subsidies and guarantee that all stakeholders follow the strictest accountability requirements.

Rewards for Adherence

KAWR is looking into measures to reward WMOs that exhibit excellent compliance and efficient use of subsidies to promote adherence to transparency standards. Preferential access to upcoming financing possibilities or public acknowledgment of exceptional performance are two examples of incentives.

In conclusion

By putting these policies into place, KAWR hopes to guarantee that subsidies are put to better use—improving Kenya’s recycling and waste management systems. A sustainable and responsible waste management system is built on transparency and accountability, which are not merely legal obligations. Through these efforts, KAWR underlines its dedication to resource management and the advancement of a circular economy in Kenya.

Kenya Association of Waste Recyclers (KAWR) is a pivotal organization in Kenya’s waste management sector, established in 2017. As the nation embarks on implementing Extended Producer Responsibility  (EPR), KAWR stands at the forefront, advocating for sustainable waste management practices. It serves as an umbrella body for private sector entities engaged in materials recovery from waste, encompassing activities such as recycling, composting, and power generation.

The implementation of the Extended Producer Responsibility (EPR) framework in Kenya necessitates a strategic approach to determining subsidy rates for waste collection and recycling entities. These rates are pivotal in ensuring the efficacy and sustainability of the EPR program. Below are the key considerations for establishing these rates:

Determining Subsidy Rates: Key Considerations

• Collection Costs: It is imperative for producers to evaluate the financial outlay required for waste collection services, which encompasses transportation, sorting, and handling operations. A direct correlation exists between the complexity of these activities and the subsidy rate; more intricate and costly collection processes may necessitate a higher rate of subsidy.
• Recycling Costs: The financial burden associated with the recycling process, including but not limited to sorting, cleaning, and processing, must be taken into account. Materials that incur higher recycling costs should be considered for increased subsidy rates to ensure their sustainable management.
• Market Value of Recyclables: The market demand for recyclable materials significantly influences the subsidy rate. Materials with a robust market presence, such as PET bottles, may operate effectively under a reduced subsidy rate due to their inherent value.
• Environmental Impact: Producers are tasked with evaluating the environmental dividends of recycling various materials. Materials that offer substantial environmental benefits, particularly those that are hazardous or challenging to recycle, may justify a heightened subsidy to promote their recovery and reuse.
• Social and Economic Considerations: The socio-economic implications on individuals and communities involved in waste collection, particularly waste pickers, informal collectors, and marginalized groups, must be factored into the subsidy equation. Subsidies serve as a mechanism to enhance their quality of life and work conditions.
• Overall Recycling Goals: The subsidy rate should be congruent with the overarching recycling objectives at both national and regional levels. Ambitious recycling targets may require more generous subsidies to catalyze progress towards these goals.

 

Waste Streams Requiring Enhanced Incentives

Certain waste streams warrant additional incentives for a variety of reasons:

• Complex Materials: Waste streams comprising materials that pose recycling challenges, such as multi-layer plastics and electronic components, often necessitate higher subsidies to foster their appropriate management and recycling.
• Low Market Value: Waste streams characterized by low market desirability, such as mixed plastics, require stronger incentives to bolster recycling initiatives and ensure their viability.
• Environmental Impact: Waste streams that include hazardous or toxic substances, like batteries and electronic waste, should receive in壯陽藥
  centives to mitigate potential environmental degradation.
• Social Equity: The critical role of waste pickers and informal collectors in the recycling ecosystem should be acknowledged through incentives that promote their fair treatment and economic inclusion.
• Circular Economy Goals: Waste streams that align with the principles of a circular economy, particularly those that enable closed-loop recycling, may benefit from additional incentives to support their transition to sustainable practices.

Criteria for Subsidy Eligibility                                                                                                                

Entities involved in waste management, such as waste pickers, recyclers, and collection operators, can qualify for subsidies by adhering to the following criteria:

• Compliance: Adherence to EPR regulations is non-negotiable. Entities must demonstrate compliance with established waste handling, sorting, and recycling protocols.
• Reporting and Transparency: Ensuring transparency in reporting on waste collection and recycling processes is paramount. It is crucial for all stakeholders to disclose their methods, volumes, and frequencies of waste collection and recycling. This transparency not only fosters trust among consumers and regulatory bodies but also promotes accountability. Entities involved in these activities should provide comprehensive reports that detail their specific contributions to waste management and recycling efforts, thereby demonstrating their commitment to environmental stewardship.

• Inclusion of Informal Sector: Extended Producer Responsibility (EPR) schemes must not overlook the informal sector, which often plays a significant role in waste management, especially in developing economies. It is essential to recognize and incorporate informal waste pickers into the formal waste management framework. This inclusion can be achieved through policy reforms, capacity-building programs, and by providing access to necessary resources. Integrating these workers helps in legitimizing their role, ensuring fair compensation, and improving waste management systems’ efficiency and effectiveness.
• Performance Metrics: Linking financial incentives such as subsidies to specific performance metrics could drive better outcomes in waste management. These metrics might include, but are not limited to, the total volume of waste collected, the rates of recycling achieved, and the quantifiable environmental impact of these activities. By doing so, it encourages organizations to strive for higher performance standards and aligns financial rewards with tangible environmental benefits. Such a system would incentivize innovation and investment in more efficient collection and recycling technologies and methodologies, ultimately leading to enhanced sustainability in waste management.

Kenya Association of Waste Recyclers (KAWR) is the umbrella body for the private sector industry involved in the materials recovery from waste; this includes and is not limited to, retrieval of materials from waste, repair, refurbishment, recycling, remanufacturing, composting, power generation, or any other initiative aimed at extracting value from material that would otherwise have been discarded as waste.

Here are some key points highlighting the advantages of appointing KAWR as your EPR Agent:

1.Extensive Network: KAWR’s membership spans across the country, connecting various stakeholders in the recycling value chain. With over 500 recycling businesses, KAWR has a robust network that covers waste collection, sorting, and conversion into finished products.

2.Community-Based Approach: KAWR collaborates with over 200 Community-Based Organizations (CBOs). This community-driven approach ensures that waste management efforts are inclusive and reach local communities effectively.

3.Resource Conservation Expertise: As the most knowledgeable organization in Kenya regarding resource conservation, KAWR brings unparalleled expertise to the table. Their insights into waste collection壯陽藥
, segregation, sorting, reuse, and recycling are invaluab

4.Legislative Influence: KAWR’s active involvement in technical working groups and committees at both national and county levels demonstrates their influence in shaping waste management policies and legislation. Their contributions have been vital in recent legal developments.

5.Training and Capacity Building: KAWR’s commitment to training extends beyond its own members. By sharing knowledge and best practices, they contribute to building a skilled workforce in waste management.

6.Regional Representation: KAWR’s competent board, led by a visionary executive, benefits from the input of 8 regional representatives covering different provincial regions of Kenya that is, Nairobi, Central, Coast, Rift valley, North Eastern, Eastern, Western. This ensures a holistic approach to waste management.

7.Market Network: KAWR’s extensive recycling market network in the East Africa region facilitates the flow of recyclable materials, promoting a circular economy.

By appointing KAWR as your EPR agent, you align with an organization that combines expertise, community engagement, and legislative influence to drive sustainable waste management practices.

Kenya stands at a pivotal moment in its waste management journey, with the introduction of Extended Producer Responsibility (EPR) poised to revolutionize how products are managed at their end-of-life stage. The recent mandate by regulators for producers to present their EPR plans signifies a significant shift towards a more sustainable and accountable approach to waste management. However, amidst this transition, it’s crucial to ensure that no one is left behind, particularly the informal sector players who contribute massively to Kenya’s waste management landscape. In this article, we’ll explore the implications of embracing EPR while advocating for the inclusion and fair treatment of informal sector workers who form the backbone of Kenya’s waste management ecosystem.

EPR is a principle that holds producers accountable for the entire lifecycle of their products, including their disposal. It encourages producers to take responsibility for the environmental impacts of their products and implement strategies to minimize waste generation, promote recycling, and ensure proper disposal. By shifting the burden of waste management from taxpayers and municipalities to producers, EPR incentivizes product redesign, recycling infrastructure development, and consumer education.

Implementing mandatory EPR plans marks a significant milestone in Kenya’s waste management framework. Regulators now require producers to demonstrate their preparedness in extending responsibility for their products beyond the point of sale. This move aligns with global trends towards sustainable production and consumption and underscores Kenya’s commitment to environmental stewardship.

While the implementation of EPR presents challenges, such as increased compliance costs and logistical complexities, it also offers numerous opportunities for innovation and collaboration. Producers can leverage EPR as a driver for product innovation, waste reduction, and resource efficiency. Additionally, EPR fosters partnerships between producers, recyclers, and waste management stakeholders, leading to a more integrated and efficient waste management ecosystem.

Despite their informal status, waste pickers(reclaimers), recyclers, and small-scale waste management entrepreneurs play a crucial role in Kenya’s waste management landscape. These individuals and small businesses operate at the grassroots level, collecting, sorting, and recycling waste from households, businesses, and public spaces. Their efforts not only prevent valuable resources from ending up in landfills but also contribute to local economic development and poverty alleviation.

As Kenya transitions to EPR, there’s a risk of marginalizing informal sector players who lack formal recognition and access to support mechanisms. Many waste pickers and recyclers rely solely on income generated from collecting and selling recyclable materials. Any disruption to their livelihoods could have devastating consequences for their well-being and that of their families. Thus, it’s imperative to ensure that the transition to EPR is inclusive and equitable, leaving no one behind.

Recognizing the invaluable contribution of the informal sector, it’s essential to develop mechanisms for compensating these workers fairly during the transition to EPR. Producers, regulators, and other stakeholders must collaborate to establish compensation frameworks that acknowledge the economic value of the services provided by informal sector players. This could include direct financial support, access to training and capacity-building programs, and opportunities for formal employment within the waste management sector.

To ensure that compensation reaches those who need it most, sound structures for financial traceability, accountability, and transparency must be put in place. This requires establishing clear guidelines for fund allocation, monitoring mechanisms to track the flow of resources, and transparent reporting mechanisms to ensure that funds are used effectively and equitably. By fostering trust and accountability, these structures can enhance the integrity of the compensation process and promote social equity.

In acknowledging the essential role of the informal sector, we must also commend the formal private sector for its indispensable contributions to Kenya’s waste management sector. Without their investments, i壯陽藥
nnovations, and commitment to sustainable practices, the market dynamics that enable the informal sector’s activities would not exist. The formal private sector plays a pivotal role in the waste management value chain, providing crucial infrastructure, technology, and expertise that support recycling initiatives, waste collection systems, and environmental conservation efforts. Their involvement not only creates employment opportunities but also drives efficiency and quality standards within the industry. Thus, as we navigate the transition to Extended Producer Responsibility (EPR) and prioritize inclusivity, it’s vital to recognize and foster partnerships between the formal private sector and informal stakeholders, leveraging each other’s strengths to build a more resilient and sustainable waste management ecosystem.

As Kenya embraces Extended Producer Responsibility (EPR) to revolutionize waste management, it’s crucial to recognize and empower the informal sector players who form the backbone of the country’s waste management landscape. By including these unsung heroes in the transition to EPR, addressing their needs, and ensuring their fair compensation and recognition, Kenya can build a more inclusive and sustainable waste management system that leaves no one behind. This commitment to social equity, environmental stewardship, and collaborative partnerships will not only benefit informal sector workers but also contribute to the overall resilience and prosperity of Kenyan society.

 

Richard Kainika

Nairobi 2024

What is recycling:

Recycling refers to a process of diverting or rescuing valuable materials from the waste stream.

Rescued materials or resources can be re-used, processed into alternative raw materials and/or manufactured into new products, instead of being condemned and disposed at dumpsites.

Existing opportunities

• As recycling continues to take shape in the country, new and unique opportunities keeps on emerging depending on the material stream one is handling.
• —Some of major material streams in our waste which continue to offer oppo威而鋼
  rtunities for their value include:

1. Plastics (PET, HDPE, PP, LDPE)
2. Waste paper
3. Scrap metal (Copper, aluminium, steel, cast iron e.t.c.
4. Textile waste, used oil
5. Rubber such as used tyres
6. Bones for crushing to bone meal
7. Composting of organic waste to organic fertilizer
8. Collection of food waste for use as animal feeds.

 

Sample products made from recycled materials and re-use:

 

 

• The price of recycled materials is largely dependent on market demand. However, recyclable materials are readily available hence can fetch a good profit.
• Ensure quality extraction of materials from waste.
• Sometimes changes in weather can 威而鋼
  affect collection, however, at such times the demand is high hence good profit.
• Associate犀利士
  d costs in accessing market which vary dependent on source versus market location.

 

Things to consider:

1. Identify a place to operate (space for storage)
2. Collect what is readily available for maximum collection.
3. Know your market: (Where to sell and at what price).
4. Maintain good book keeping habit.

Waste is wealth….

KAWR is doing its best犀利士
in creating the much needed recycling awareness among the public in order to help drive the recycling agenda as well as ensure its members do not have to continuously incur losses due to low value of materials they receive from pickers.

We also collaborating with like-minded stakeholders such as PETCo in helping the country achieve the much desired recycling rate of 35% from the current 10% as a country.

Our mission is to create a circular economy and sustainable environment through recycling.

Benefits

• Better linkage: KAWR is the first stop for the government and other stakeholders when they want to engage with recyclers. In future, members may be the first to get consideration in case of selective recycling opportunities from local and national goverments.
• Building network: A member is able to link up and share ideas with with over 400 other recyclers hence easier access to raw materials and market for materials collected.
• Advocacy: KAWR is the leading voice on behalf of recyclers at the national and local levels on legislative and regulatory issues with an aim of improving business climate for recyclers. This gives a member a better representation and sense of belonging.
• Access to information: membership organizations are a source of latest news on rec樂威壯
  ycling trends, market changes hence be able to make informed decisions in time.
• Getting discounts and support: KAWR members enjoys discounted rates from appointed bodies in areas such as EIA and Audit as a step towards regulatory compliance.
• Training and recycling advice: members are able to get frequent training on what can be recycled, how to process the material and where the market exists for different materials in an ever-changing recycling environment