The Kenya Association of Waste Recyclers (KAWR) is pleased to announce that its petition before the Environment and Land Court of Kenya (ELC Petition No. E026 of 2024 dated 3rd July 2024) has been successful. Judgment was delivered on 12th February 2026 in favour of the Petitioner against:
1) National Environment Management Authority – 1st Respondent
2) Cabinet Secretary, Ministry of Environment, Climate Change and Forestry – 2nd Respondent
3) Attorney General – 3rd Respondent
4) Council of Governors – 4th Respondent
5) Kenya Bureau of Standards – 5th Respondent
Background of the Petition
KAWR moved to court challenging the legality and constitutionality of a Public Notice dated 8th April 2024 issued by the 1st Respondent. The notice directed:
1) Mandatory segregation of waste across households, institutions, religious establishments, private and public functions and events;
2) Exclusive use of 100% biodegradable bin liners/garbage bags;
3) Immediate cessation of conventional plastic liners for organic waste collection; and
4) A requirement that county governments and licensed private waste service providers supply only 100% biodegradable garbage bags.
KAWR sought, among other reliefs, an order of certiorari to quash the Public Notice on grounds that it contravened constitutional provisions and waste management laws, was ultra vires, procedurally unfair, unconstitutional, and incapable of lawful implementation.
Court’s Determination
The Court found in favour of the Petitioner and quashed the impugned Public Notice.
Importantly, the Court further directed:
1. Establishment of the Waste Management Council
The Cabinet Secretary, Ministry of Environment, Climate Change and Forestry (2ndrespondent)is required to establish the Waste Management Council as stipulated under Section 6 of the Sustainable Waste Management Act, 2022. The Council is to be chaired by a presidential appointee and must include representation from key stakeholders within the waste management space.
2. Operationalization of Material Recovery Facilities (MRFs)
All the remaining forty three (43) County Governments are required to establish functioning Material Recovery Facilities (MRFs) within six (6) months of the ruling, in accordance with Sections 9 and 14 of the Sustainable Waste Management Act, 2022. This order of mandamus was issued by the court as a result of the petitioners concern that it was impossible to compel adherence to waste segregation obligations without proper infrastructure development at the county level.
Why This Matters
This judgment represents a significant victory for KAWR and, more broadly, for Kenya’s waste management and recycling sector.
It affirms that:
1) Environmental governance must adhere to constitutional standards, including legality, public participation, and proper regulatory process.
2) Policy implementation must follow the framework provided by statute rather than bypass it.
3) Institutional obligations under the Sustainable Waste Management Act, 2022 and other policy provisions are not optional.
KAWR is deeply grateful to the support from its membership towards this end and remains steadfast towards creating a more conducive and favorable environment to the entire waste management sector.