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:
- 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. 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.
- 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.