NEMA Enforces 2022 Waste Law as Court Blocks Lifted

Kenya, December 15 2025 - Kenya’s environmental regulator, the National Environment Management Authority (NEMA), has announced the full enforcement of the Sustainable Waste Management Act, 2022, following the lifting of conservatory court orders that had previously halted its implementation.

The move reinstates two key regulatory frameworks: the Extended Producer Responsibility (EPR) Regulations, 2024, and the Environmental Management and Coordination (Management and Control of Plastic Packaging Materials) Regulations, 2024. The enforcement has immediate implications for businesses involved in the importation, production, or branding of goods in Kenya.

In a notice to its members, the Kenya Extended Producer Responsibility Organisation (KEPRO) outlined the new compliance requirements under the revived regulations. Central among them is a mandatory import levy of Sh150 per unit of bulk secondary packaging for all products classified under Category 1 of the EPR Regulations. The category covers raw materials, intermediate inputs, and finished consumer goods, with the levy payable at the point of entry into the country.

Industry players have raised concerns over the methodology used to calculate the levy, particularly the adoption of bulk secondary packaging as the standard unit of measurement. In response, NEMA has invited stakeholders to submit formal objections or requests for clarification via email, indicating a willingness to engage with affected parties.

Under the renewed enforcement regime, all producers, importers, and brand owners are required to register with NEMA and obtain a valid EPR Registration Certificate. Non-compliance may result in penalties or delays in clearing imported goods. Registration guidelines are available on NEMA’s official website.