LAWS OF KENYA

THE SUSTAINABLE WASTE MANAGEMENT ACT

CHAPTER 387C

Revised Edition 2022

Published by the National Council for Law Reporting
with the Authority of the Attorney-General
www.kenyalaw.org
[Rev. 2022] CAP. 387C
Sustainable Waste Management

CHAPTER 387C

SUSTAINABLE WASTE MANAGEMENT ACT

ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
Section
1. Short title
2. Interpretation
3. Objects of the Act
4. General principles
PART II – POLICY, CO-ORDINATION AND
OVERSIGHT OF WASTE MANAGEMENT
5. Role of the Cabinet Secretary
6. Waste Management Council
7. Functions of the Council
8. Functions of the Authority
9. Functions of county governments
PART III – MEASURES AND ACTIONS
10. Policies, regulations and standards by the Cabinet Secretary
11. Policies, regulations and standards by county governments
12. Waste classification and segregation
13. Extended producer responsibility
14. Materials recovery facilities
PART IV – WASTE MANAGEMENT FUNCTIONS
15. Functions of the Cabinet Secretary
16. Functions of accounting officers of public entities
17. Functions of county governments
18. Waste management plans
19. Duties of private sector entities
20. Duty to segregate and dispose waste
21. Duties of waste service providers
PART V – PUBLIC PARTICIPATION
AND ACCESS TO INFORMATION
22. Access to information
23. Public participation
PART VI – FINANCIAL PROVISIONS
24. Fees to be allocated to county waste management facilities
25. Incentives for waste management
PART VII – MONITORING AND COMPLIANCE
26. Monitoring and evaluation by the Authority
27. Compliance and enforcement
28. Role of the National Environment Complaints Committee

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29. Partnership programmes

PART VIII – GENERAL PROVISIONS
30. Restoration
31. Dispute resolution
32. General penalty
PART IX – PROVISIONS ON DELEGATED POWERS
33. Regulations
PART X – MISCELLANEOUS MATTERS
34. Integrating waste management into school curricula
35. Transitional provisions
SCHEDULES
CONDUCT OF THE BUSINESS AND AFFAIRS OF THE COUNCIL
PROVISIONS ON PUBLIC CONSULTATION

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Sustainable Waste Management

CHAPTER 387C

SUSTAINABLE WASTE MANAGEMENT ACT

[Date of assent: 6th July, 2022.]
[Date of commencement: 26th July, 2022.]
An Act of Parliament to establish the legal and institutional framework
for the sustainable management of waste; ensure the realisation of the
constitutional provision on the right to a clean and healthy environment
and for connected purposes
[Act No. 31 of 2022.]

PART I – PRELIMINARY
1. Short title
This Act may be cited as the Sustainable Waste Management Act.
2. Interpretation
In this Act, unless the context otherwise requires—
"Authority" means the National Environment Management Authority established
under section 7(1) of the Environmental Management and Co-ordination Act (Cap.
387);
"Cabinet Secretary" means the Cabinet Secretary responsible for matters
relating to waste management;
"National Environment Complaints Committee" means the National
Environment Complaints Committee established under section 31(1) of the
Environmental Management and Co-ordination Act (Cap. 387);
"Council" means the Waste Management Council established under section
6(2);
"domestic waste" means waste, other than hazardous waste, generated from
a domestic residence;
"e-waste" also referred to as waste electrical and waste electronic equipment
means waste resulting from electrical and electronic equipment including
components and sub-assemblies thereof;
"extended producer responsibility" means an environmental management
approach in which a producer‘s responsibility for a product is extended to the post-
consumer stage of a product life cycle;
"hazardous waste" has the meaning assigned to it under the Environmental
Management and Co-ordination Act (Cap. 387);
"industrial waste" means waste arising from processing or manufacturing or any
trade undertaking in the form of liquid, non-liquid, solid or gaseous substances;
"materials recovery facility" means a specialised facility that receives, separates
and prepares recyclable material for marketing to end user manufacturers;

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"National Environment Tribunal" means the National Environment Tribunal

established under section 125(1) of the Environmental Management and Co-
ordination Act (Cap. 387);
"non-organic waste" means dry recyclable and non-recyclable materials;
"organic waste" means compostable materials derived from plants and animals;
"payment for environmental services" and "payment for ecosystem services"
mean payments to farmers or land users to encourage the conservation of natural
resources;
"pollution" has the meaning assigned to it under section 2 of the Environmental
Management and Co-ordination Act (Cap. 387);
"private sector entity" means a person, firm or corporate entity with functions
of a private nature including entities registered under the Non-Governmental
Organizations Co-ordination Act (Cap. 134);
"producer" means an entity that introduces goods, products and packaging into
the country using authorised means by manufacturing, importing, converting, filling,
refilling, repackaging or rebranding;
"public entity" means—
(a) the government including the national and county governments, or
any State organ, department, agency, service or undertaking of a
national or county government;
(b) Parliament or a county assembly;
(c) any corporation, council, board, committee or other body which has
power to act under or for the purposes of any written law relating
to undertakings of public utility or otherwise to administer funds
belonging to or granted by the government or monies raised by rates,
taxes or charges in accordance with such law; or
(d) a public body established under any written law;
"recovery" means the controlled extraction of a material or retrieval of energy
from waste for the production of another product;
"recycle" means the process by which materials are reclaimed from waste for
further use as product, raw materials or input in the production process;
"re-use" means the action or practice of using something again whether for its
original purpose or to fulfil a different function;
"sustainable waste management" means using material resources efficiently
as prioritized by waste hierarchy, circular economy and clean production in order
to reduce the amount of waste that is generated, deposited or discarded in the
environment including the management of materials that would otherwise have
been dumped or wasted in a way that contributes to environmental, social and
economic goals of sustainable development;
"take-back scheme" means a scheme for the collection, transportation and
return of products or packaging from end users and consumers;
"toxic substance" means any substance which, on entry into an organism
through ingestion, inhalation or dermal contact, is injurious, causes physiological

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or biochemical disturbance, or otherwise causes deterioration of the functions of

the organism in any way;
"waste" means—
(a) any substance, material or object that is intended or required to be
discarded or disposed of by its holder, whether or not it can be reused,
recycled or recovered and include municipal waste, domestic waste,
waste from agriculture, construction waste, commercial waste, waste
from horticulture, aquaculture and forestry, medical waste, chemical
waste, hazardous waste, toxic waste, industrial waste, pesticides, e-
waste and toxic substances but does not include radioactive waste;
(b) a substance, material or object that may be designated as waste by
the Cabinet Secretary in consultation with the Authority by notice in
the Gazette;
Provided that waste or a portion of waste specified in paragraphs (a) and (b)
shall cease to be waste—
(i) once an application for reuse, recycling or recovery has been
approved by the Authority or, after such approval, it has been reused,
recycled or recovered;
(ii) where approval for reuse, recycling or recovery is not required, it has
been reused, recycled or recovered; or
(iii) where the Cabinet Secretary in consultation with the Authority has,
by notice in the Gazette and in the prescribed manner, excluded any
waste stream or portion of any waste stream from the definition of
waste;
"waste hierarchy" means the order of priority for efficient use of resources and
minimisation of pollution by avoidance, reduction, reuse, repair, refurbishment,
recycling, recovery and finally treatment for safe disposal;
"waste management facility" means a site or premises licensed in accordance
with this Act for the purposes of receiving, accumulation, depositing, recovery,
recycling, treatment, storage and disposal of waste and includes waste processing
areas, transfer stations, reusing areas, materials recovery facilities, recycling
plants, food waste treatment facilities, composting plants, waste disposal areas,
waste-to-energy facilities and sanitary landfills;
"waste management activity" means any administrative or operation activity for
the—
(a) importation or exportation of waste as prescribed by regulations;
(b) segregation of waste including any activity or process that is likely to
result in generation of waste;
(c) accumulation and storage of waste;
(d) collection and handling of waste;
(e) reduction, reusing, recycling and recovery of waste;
(f) trading in waste;
(g) transportation of waste;
(h) transfer of waste;
(i) treatment of waste; and
(j) disposal of waste;

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"waste minimisation programme" or "waste reduction programme" means a

programme that is intended to promote reduction in generation and disposal of
waste;
"waste service providers" includes collectors, transporters, waste processors,
material recovery operators, recyclers and landfill operators; and
"waste valorisation" means any activity aimed at converting waste, including
materials, chemicals and sources of energy, into useful products by reusing,
recycling or composting the waste.
3. Objects of the Act
The objects of this Act shall be to—
(a) promote sustainable waste management;
(b) improve the health of all Kenyans by ensuring a clean and healthy
environment;
(c) reduce air, land, fresh water and marine pollution;
(d) promote and ensure the effective delivery of waste services;
(e) create an enabling environment for employment in the green economy
in waste management, recycling and recovery;
(f) establish an environmentally sound infrastructure and system for
sustainable waste management;
(g) promote circular economy practices for green growth;
(h) mainstream resource efficiency principles in sustainable consumption
and production practices; and
(i) inculcate responsible public behaviour on waste and environment.
4. General principles
The general principles of this Act are—
(a) promoting the right to a clean and healthy environment;
(b) the precautionary principle where the lack of scientific certainty
shall not be used to postpone measures to prevent environmental
degradation where there are threats of damage to the environment;
(c) the polluter pays principle in which the cost of cleaning up any element
of the environment that has been damaged by pollution, the cost of
the beneficial uses of the environment that have been lost as a result
of the pollution, and any other costs associated with or incidental to
the pollution shall be paid by the polluter;
(d) payment for ecosystem services or payment for ecological services
in which payments are made to farmers or landowners who have
agreed to take certain actions to manage land or watersheds in order
to provide ecological services as an incentive to conserve natural
resources;
(e) zero waste principle in which products and processes are designed
and managed to reduce the volume and toxicity of waste and
materials, and to conserve and recover all resources, and to prevent
the burning or burying of resources, in order to treat waste as a
resource that can be harnessed for wealth creation, employment and
the reduction of pollution; and

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(f) achieving sustainable waste management goals.

PART II – POLICY, CO-ORDINATION AND
OVERSIGHT OF WASTE MANAGEMENT
5. Role of the Cabinet Secretary
The Cabinet Secretary shall be responsible for—
(a) policy on sustainable waste management in consultation with county
governments;
(b) the development of regulations in consultation with the Authority and
county governments;
(c) co-ordinating adherence to international obligations with regards to
waste management, nationally determined contribution of waste and
chemicals conventions; and
(d) oversight and co-ordination of the administration of this Act.
6. Waste Management Council
(1) There shall be a council to be known as the Waste Management Council
which shall be established by the Cabinet Secretary within one year of the coming
into operation of this Act.
(2) The Council shall comprise of—
(a) a Chairperson appointed by the President;
(b) one person nominated by the Council of County Governors who shall
be the vice-chairperson;
(c) the Principal Secretary in the Ministry for the time being responsible
for matters relating to waste management or a designated
representative;
(d) the Principal Secretary in the Ministry for the time being responsible
for National Treasury or a designated representative;
(e) the Director-General of the Authority;
(f) four other persons appointed by the Cabinet Secretary being—
(i) one person nominated by the registered association
representing the largest number of entities in the private sector;
(ii) one person nominated by the registered association
representing the largest number of entities in the manufacturing
sector; and
(g) two persons with professional qualifications in waste management,
one of whom shall represent civil society organizations.
(3) The Council may co-opt not more than three members at any given time with
relevant expertise when needed, who shall advise the Council on specific matters
relating to sustainable waste management.
(4) Except for members appointed under subsection (2)(c), (d) and (e), a person
shall be qualified for appointment as chairperson or member of the Council if such
person—
(a) is a citizen of Kenya;
(b) holds relevant academic and professional qualifications including
a university degree in waste management, environmental

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engineering; environmental management, environmental studies,

biology, chemistry or civil engineering;
(c) has at least ten years' experience in the relevant field; and
(d) fulfils the requirements of Chapter 6 of the Constitution.
(5) In making appointments of the members to the Council, the Cabinet
Secretary shall observe regional balance, gender, age, disability and ethnic
balance.
(6) A person shall not be qualified for appointment as chairperson or member
of the Council if such person—
(a) is a member of Parliament or a county assembly;
(b) is a member of a local authority;
(c) is an undischarged bankrupt; or
(d) has been removed from office for contravening the provisions of the
Constitution or any other written law.
(7) The office of the chairperson or a member of the Council shall become
vacant if the holder—
(a) dies;
(b) resigns from office in writing addressed to the Cabinet Secretary;
(c) is absent from three consecutive meetings of the Council without good
cause; or
(d) is removed from office under subsection (8).
(8) A person may be removed as a chairperson or member of the Council if
that person—
(a) is absent without permission of the Chairperson or the Cabinet
Secretary in the case of the Chairperson, from three consecutive
meetings of the Council;
(b) contravenes the provisions Chapter Six of the Constitution;
(c) is incapacitated by prolonged physical or mental illness and is unable
to discharge the duties of his or her office;
(d) is convicted of an offence and imprisoned for a term of more than six
months;
(e) fails to comply with the provisions of the Act relating to disclosure of
interest; or
(f) is adjudged bankrupt or enters into a composition scheme or
arrangement with his or her creditors.
(9) The Chairperson and the members of the Council appointed under
subsection 2(f) shall hold office for a term of three years and shall be eligible for
re-appointment for one further term of three years.
(10) The conduct of business of the Council shall be in accordance with the
First Schedule.
(11) The Cabinet Secretary shall establish a waste management secretariat for
the waste management council.
7. Functions of the Council
(1) The Council shall—

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(a) enhance inclusive inter-governmental coordination for sustainable

waste management;
(b) review progress in implementation of the national sustainable waste
management strategy;
(c) recommend to the Cabinet Secretary the national waste management
recycling and recovery targets;
(d) synchronise the development of waste management infrastructure;
(e) mobilise resources for financing of the waste management sector;
(f) promote inter county waste management partnerships in consultation
with county governments;
(g) recommend to the Cabinet Secretary incentives to promote
sustainable waste management; and
(h) perform such other functions as may be assigned by the Cabinet
Secretary.
(2) The Cabinet Secretary shall, within one year of the coming into operation
of this Act, make regulations for the operationalisation of the Council.
8. Functions of the Authority
(1) The Authority shall—
(a) develop standards and guidelines on sustainable waste management;
(b) generate and disseminate waste information for the public in
consultation with county governments;
(c) enforce waste management legislation in consultation with county
governments;
(d) save for where county governments have jurisdiction, issue licenses
for waste management activities;
(e) conduct research, awareness creation and training on sustainable
waste management; and
(f) establish a national waste information system for recording, collecting,
management and analysis of data and information including—
(i) data on the quantity and type or classification of waste
generated, stored, transported, treated, transformed, reduced,
reused, recycled, recovered or disposed of;
(ii) a register of licensed waste management, recycling and other
related activities;
(iii) the status of the generation, collection, reduction, reuse,
recycling, recovery, transportation, treatment and disposal of
waste;
(iv) the impact of waste on health and the environment;
(v) the levels and extent of waste management services provided
by counties;
(vi) information on compliance with this Act; and
(vii) any other information that is necessary for the purposes of the
effective administration of this Act.
(2) The Authority shall provide analytical reports and support on waste
management to ministries, agencies and counties and serve as the national

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knowledge and information management centre for disseminating information on

sustainable waste management.
9. Functions of county governments
(1) County governments shall be responsible for implementing the devolved
function of waste management and establishing the financial and operational
conditions for the effective performance of this function.
(2) County governments shall ensure that county waste management
legislation is in conformity with this Act within a period of one year of the coming
into operation of this Act.
(3) County governments shall ensure that the disposal of waste generated
within the county is done within the county’s boundaries except where there is an
agreed framework for inter-county transportation and disposal of waste.
(4) County governments shall provide central collection centres for materials
that can be recycled.
(5) County governments shall establish waste management infrastructure to
promote source segregation, collection, reuse, and set up for materials recovery.
(6) County governments shall maintain data on waste management activities
and share the information with the Authority.
(7) County governments shall mainstream waste management into county
planning and budgeting.
(8) County governments shall develop, manage and maintain designated
disposal sites and landfills.
(9) County governments shall maintain a register of all waste service providers
operating within their boundaries.
PART III – MEASURES AND ACTIONS
10. Policies, regulations and standards by the Cabinet Secretary
(1) The Cabinet Secretary shall, within two years of the coming into operation
of this Act and in consultation with the Authority and county governments, make
policies and regulations for the proper administration of this Act.
(2) Notwithstanding the generality of subsection (1), the Cabinet Secretary
shall, in consultation with the Authority and county governments, make regulations
prescribing—
(a) the closure of open dumpsites;
(b) procedures for sustainable waste management;
(c) the expansion of the market for recycled products and incentives to
expand the market for pre-consumer and post-consumer recycled
products through incentives, government procurement preferences
and other policies; and
(d) the promotion of health, safety and environmental standards including
—
(i) labour and health standards for waste handlers;
(ii) quality and certification standards for organic waste;
(iii) operational standards for dumpsites;
(iv) the classification of engineered sanitary landfills;

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(v) the formation of waste collection, materials recovery and

recycling savings and credit co-operative organisations;
(vi) the facilitation of waste-to-energy and waste-to-manure
projects; and
(vii) the facilitation of the collection of different types of wastes
including medical waste, chemical waste and construction
waste.
11. Policies, regulations and standards by county governments
(1) County governments shall, in consultation with relevant national
government agencies, the public and other stakeholders, develop county
legislation within two years of the coming into operation of this Act.
(2) Notwithstanding the generality of subsection (1), county governments may
make regulations prescribing—
(a) the use of land within the jurisdiction of the county government for
waste management; and
(b) investment in sustainable waste management including waste
collection, separation, treatment, processing, recovery and sanitary
final disposal of waste.
12. Waste classification and segregation
(1) All public and private sector entities shall segregate non-hazardous waste
into organic and non-organic fractions.
(2) The segregated waste shall be placed in properly labeled and colour coded
receptacles, bins, containers and bags.
(3) All waste service providers shall collect, handle and transport segregated
waste as provided for under this Act.
(4) Hazardous waste will be handled and managed as prescribed by the
Environmental Management and Co-ordination Act (Cap. 387) and any other
relevant written law.
(5) A waste service provider who contravenes the provisions of this section
commits an offence and shall, on conviction, be liable to a fine not exceeding fifty
thousand shillings or imprisonment for a term not exceeding six months or both.
(6) The Cabinet Secretary shall, in consultation with the Authority and county
governments, Gazette the National Colour Coding System for waste management.
13. Extended producer responsibility
Every producer shall bear extended producer responsibility obligations to
reduce pollution and environmental impacts of the products they introduce into the
Kenyan market and waste arising therefrom.
(2) Every producer shall fulfill their extended producer responsibility obligations
individually or collectively in a compliance scheme.
(3) The Cabinet Secretary shall, within two years of the coming into operation
of this Act make regulations on extended producer responsibility.
14. Materials recovery facilities
(1) Each county government shall establish a materials recovery facility.

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(2) A materials recovery facility shall be used for final sorting, segregation,
composting and recycling of waste generated or transported to the county and
transport the residual waste to a long-term storage or disposal facility or landfill.
(3) A materials recovery facility shall be licensed by the Authority.
(4) The Cabinet Secretary shall, in consultation with the Authority and county
governments, make regulations for the establishment and proper management of
materials recovery facilities.
PART IV – WASTE MANAGEMENT FUNCTIONS
15. Functions of the Cabinet Secretary
(1) The Cabinet Secretary shall prescribe measures for the reduction of waste,
and the environmentally sound reuse, recycling and recovery of waste.
(2) Notwithstanding the generality of subsection (1), the Cabinet Secretary shall
—
(a) develop regulations on waste management;
(b) in consultation with county governments, publish model county waste
management laws and regulations; and
(c) develop a National Waste Management Strategy.
(3) The Cabinet Secretary shall develop a national waste management strategy
and action plan within two years of the coming into force of this Act, which shall
be reviewed every five years.
16. Functions of accounting officers of public entities
(1) The accounting officer of a public entity shall be responsible for the
management of waste generated in the entity in accordance with this Act.
(2) Notwithstanding the generality of subsection (1), an accounting officer of a
public entity shall ensure that—
(a) any person who is in charge of or controls a facility or premises which
is under the jurisdiction of the accounting officer and which generates
waste shall minimise the waste generated by adopting the following
cleaner production principles including—
(i) improvement of production processes through conservation of
raw materials and energy;
(ii) eliminating the use of toxic raw materials;
(iii) reducing toxic emissions and waste;
(iv) monitoring the product cycle by—
(A) identifying and eliminating potential negative impacts of
the product;
(B) enabling the recovery and reuse of the product;
(C) reclamation and recycling; and
(D) incorporating environmental concerns in the design
process and disposal of a product;
(b) any person whose activities generate waste shall collect, segregate
and dispose of or cause to be disposed of the waste in accordance
with this Act;

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(c) any person whose activities generate waste ensures that the waste
is transferred to a person who is licensed to transport and dispose of
the waste in accordance with this Act;
(d) the entity cleans up and restores the site to its natural state or near
its natural state;
(e) the entity prepares a waste management plan and integrates the plan
in its corporate strategy and plan; and
(f) the entity has provided waste receptacles at its premises for organic,
plastic and general dry waste and the waste generated is recycled
through a licensed service provider.
(3) Notwithstanding the provisions of this section, a person in charge of an
entity who, in the discharge of his or her duties, is involved in waste generation or
disposal processes shall be responsible for his or her actions and omissions.
(4) A person in charge of a public entity that discharges waste contrary to the
provisions of this section commits an offence and shall, on conviction, be liable to
a fine not exceeding one million shillings or a term of imprisonment not exceeding
one year or both.
(5) An officer of an entity who discharges waste contrary to the provisions
of this section commits an offence and shall, on conviction, be liable to a fine
not exceeding two hundred thousand shillings or imprisonment for a term not
exceeding six months or both.
17. Functions of county governments
Each county government shall—
(a) enact a county sustainable waste management legislation within two
years of the coming into operation of this Act;
(b) establish waste recovery and recycling facilities and sanitary landfills
for the disposal of non-recoverable waste;
(c) incentivise the collection and separation of waste at source in
neighbourhoods and informal settlements;
(d) ensure that cities plan for waste management facilities as part of city
expansion;
(e) prepare a county waste management plan and quarterly monitoring
reports for cities, urban areas, municipalities and administrative units;
and
(f) submit annual reports to the Authority and county assembly on the
implementation of the county waste management plan; and
(g) maintain data on waste management service provision by waste
management service providers and share the information at least
once in each year through the national waste information system
developed under section 8(1)(f).
18. Waste management plans
(1) Each county government shall prepare and submit to the county assembly
for approval an integrated county waste management plan once every five years.
(2) Each county government shall include the approved integrated county
waste management plan in the integrated county development plan.

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19. Duties of private sector entities

(1) A private sector entity shall prepare a three-year waste management plan
and submit an annual monitoring report to the Authority which shall specify—
(a) the actual quantities of waste generated by the entity;
(b) the waste management methods applied by the entity; and
(c) any other information that the Authority may require.
(2) Notwithstanding the generality of subsection (1), the Cabinet Secretary
shall, within six months of the coming into force of this Act, Gazette the category of
private sector entities that shall be required to prepare waste management plans
which shall be based on the volume of production of waste.
(3) A private sector entity that fails to comply with the provisions of subsection
(1) commits an offence and shall, on conviction, be liable to a fine of not more than
two hundred thousand shillings and the person responsible for the private sector
entity shall, in addition to the fine imposed on the entity, be liable to imprisonment
for a term not exceeding three months.
(4) A private sector entity shall—
(a) adopt the following cleaner production principles including—
(i) improvement of production processes through conserving raw
materials and energy;
(ii) limiting the use of toxic raw materials to safe laws within such
time as may be prescribed by the Authority;
(iii) reducing toxic emissions and wastes; and
(iv) monitoring the product cycle from beginning to end by;
(b) identify and eliminate potential negative impacts of the product;
(c) enable the recovery and reuse of the product where possible;
(d) reclaim and recycle;
(e) incorporate environmental concerns in the design, process and
disposal of the product;
(f) collect, segregate and dispose of or cause to be disposed of the waste
in accordance with this Act;
(g) shall segregate waste by separating hazardous waste from non-
hazardous waste and dispose of the waste in a facility provided by the
county government or the Authority;
(h) transfer the waste to a person who is licensed to transport and dispose
of the waste in accordance with this Act;
(i) clean up and restore the site it was using to its natural state;
(j) prepare a waste management plan and integrate it in its corporate
strategies and plans; and
(k) provide waste segregation receptacles at its premises for organic,
plastic and general dry waste.
(5) A private entity that generates waste shall segregate the waste by
separating hazardous waste and dispose of the hazardous waste in a facility
provided by the county government or the Authority.
(6) A private entity or any its officers that fails to manage waste in accordance
with this Act commits and offence and on conviction, shall be liable to a fine—

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(a) of at least five per cent of the entity’s net income registered in the
previous tax year or five million shillings whichever is the higher; and
(b) of at least two hundred thousand shillings for the entity’s officers.
(7) Where a private entity or any of its officers has been convicted of an offence
under subsection (3), and the entity continues to fail to comply with the provisions
of this Act, the entity or the officer commits a further offence and for each day the
failure continues on conviction, shall be liable to a fine -
(a) not exceeding zero-point-five per cent of the entity’s net income
registered in the previous tax year, for the private entity; and
(b) not exceeding twenty thousand shillings for the entity’s officers.
20. Duty to segregate and dispose waste
(1) A person who generates waste in Kenya shall—
(a) segregate the waste at source in accordance with the provisions of
this Act; and
(b) dispose the waste to only licensed waste service providers or at
collection points designated in accordance with the provisions of this
Act.
(2) A person who does not manage waste in accordance with subsection (1)
commits an offence and shall, on conviction, be liable to a fine not exceeding twenty
thousand shillings or imprisonment for a term not exceeding six months or both.
21. Duties of waste service providers
(1) A waste service provider shall handle segregated waste in accordance with
the provisions of this Act.
(2) A waste service provider shall deliver segregated waste collected to facilities
licensed and designated in accordance with the provisions of this Act.
(3) A waste service provider who fails to handle or manage waste in accordance
with this Act commits an offence and shall, on conviction, be liable to a fine not
exceeding fifty thousand shilling or imprisonment for a term of six months or both.
PART V – PUBLIC PARTICIPATION AND ACCESS TO INFORMATION
22. Access to information
(1) The Authority shall keep the records on waste management submitted to it
and maintain their confidentiality where the circumstances so require.
(2) A person may have access to the records submitted to the Authority under
this Act.
(3) A person who wishes to access the records submitted to the Authority under
this Act may, on application in writing to the Authority, be granted access to the
records.
(4) The Authority may, with the approval of the Cabinet Secretary and by notice
in the Gazette, prescribe reasonable fees to be levied for processing applications
for access to information under this section.
23. Public participation
Public consultation and participation under this Act shall be conducted in
accordance with the principles set out in the Second Schedule.

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PART VI – FINANCIAL PROVISIONS

24. Fees to be allocated to county waste management facilities
Each county government shall allocate all waste collection and tipping fees
or other charges levied on waste received at a county government waste
management facility for the improvement of waste management activities and
services.
25. Incentives for waste management
(1) The Cabinet Secretary shall, in consultation with the Cabinet Secretary
responsible for matters relating to finance, introduce incentives—
(a) for locally produced and imported sustainable waste management
equipment and materials including collection machines, equipment for
recycling, composting, transporting and waste compacting; and
(b) to expand private investment in materials recovery and recycling
activities.
(2) The incentives contemplated under subsection (1) shall apply to—
(a) importers of sustainable waste management equipment, air pollution
control equipment, recycling and composting equipment;
(b) private investors to expand investment in waste recycling and
enhance circular economy; and
(c) private operators of certain classes of waste management equipment
including equipment for recycling and composting.
(3) The Cabinet Secretary shall, in consultation with the Cabinet Secretary
responsible for matters relating to finance, prescribe incentives and make
regulations for the preferential use of recovered or recycled materials over newly
manufactured materials with no recycled content.
PART VII – MONITORING AND COMPLIANCE
26. Monitoring and evaluation by the Authority
(1) The Authority shall monitor and review the performance of private entities
and county governments in carrying out their functions under this Act.
(2) The Authority shall develop regulations prescribing the procedure for
reporting on compliance with this Act by private entities.
(3) Notwithstanding any other provision in this Act, the Authority may, by notice
in the Gazette—
(a) require a private entity that has waste management obligations to
prepare reports on the status of the entity’s performance of the entity’s
waste management obligations and prescribe the period for reporting;
and
(b) require a private entity that fails to comply with its waste management
obligations to prepare a report within a specified time on the actions
it has taken, is taking or intends to take to secure the entity’s future
performance of the entity’s obligations.
27. Compliance and enforcement
(1) The Authority shall—
(a) monitor, investigate and report on whether public and private entities
are in compliance with the provisions of this Act; and

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(b) monitor and enforce compliance with the provisions of this Act.
(2) In the performance of its functions under this Act, the Authority shall have
all the powers necessary for the purpose of monitoring and investigation including
the power to enter premises of any private entity and make an enquiry relating to
compliance with this Act.
(3) A person commits an offence if that person—
(a) hinders the Authority in the performance of its functions under this Act;
(b) fails or refuses to give information that the person may lawfully be
required to give to the Authority; or
(c) gives false or misleading information to the Authority.
(4) A person who is convicted of an offence under subsection (3) shall be
liable to a fine not exceeding one million shillings or imprisonment for a term not
exceeding five years or to both.
28. Role of the National Environment Complaints Committee
(1) The National Environment Complaints Committee shall establish a
complaints and redress mechanism for the purposes of this Act.
(2) A person making a complaint on waste management to the National
Environment Complaints Committee may submit evidence.
29. Partnership programmes
(1) The Authority shall, in consultation county governments, establish
a partnership programme with waste generating industries and sectors for
continuous education on waste to encourage compliance.
(2) The county executive committee member responsible for environmental
management in each county shall develop a framework for inter-county co-
operation on waste management including the sharing of waste treatment facilities,
materials recovery facilities and waste disposal facilities for approval by the county
assembly.
(3) The Cabinet Secretary shall develop regulations for the framework for inter-
county co-operation on waste management.
PART VIII – GENERAL PROVISIONS
30. Restoration
(1) A person who fails to manage waste in accordance with this Act shall be
required to clean up and restore the site where the waste was being managed to
its natural state.
(2) The Authority shall issue the person with a site restoration order if the person
fails to clean up and restore the site in accordance with subsection (1).
(3) A restoration order issued under this section shall be effected in accordance
with the Environmental Management and Co-ordination Act (Cap. 387).
31. Dispute resolution
Any person or an entity aggrieved by—
(a) a refusal to grant a license under this Act;
(b) the imposition of any condition, limitation or restriction on a license
granted under this Act;
(c) any fee payable under this Act; or

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(d) the imposition of a restoration order in accordance with section 30,

may, within sixty days of the occurrence of the event with which the person or
entity is aggrieved, appeal to the National Environment Tribunal.
32. General penalty
A person who contravenes a provision of this Act for which a penalty has not
been prescribed shall, on conviction, be liable to a fine of not less than two million
shillings and not more than four million shillings or to imprisonment for a term not
exceeding four years or to both.
PART IX – PROVISIONS ON DELEGATED POWERS
33. Regulations
(1) The Cabinet Secretary may, in consultation with the Authority, make
regulations for the better carrying into effect of the provisions of this Act.
(2) Notwithstanding the generality of subsection (1), regulations made under
this section may provide for—
(a) anything required to be prescribed under this Act;
(b) take back schemes;
(c) the conversion of dumpsites into landfills;
(d) categories of waste segregation;
(e) design and identification of waste transportation vehicles;
(f) materials recovery facilities;
(g) collection schedules for sorted waste types;
(h) importation and exportation of waste;
(i) management of e-waste;
(j) national colour coding system for waste; and
(k) any other matter required under this Act.
(3) For the purpose of Article 94(6) of the Constitution—
(a) the purpose and objective of the delegation under this section is
to enable the Cabinet Secretary to make regulations for the orderly
conduct of the business and affairs of county governments, the
Authority and the National Environment Complaints Committee;
(b) the regulations made under this section shall be of such a nature and
scope, and within the limits specified in this section; and
(c) the principles and standards applicable to the regulations made under
this section shall be those set out in the Interpretation and General
Provisions Act (Cap. 2) and the Statutory Instruments Act (Cap. 2A).
PART X – MISCELLANEOUS MATTERS
34. Integrating waste management into school curricula
The Cabinet Secretary shall, in consultation with the Cabinet Secretary
responsible for matters relating to education and the Authority, develop a
curriculum on sustainable waste management within one year of the coming into
operation of this Act.

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35. Transitional provisions

(1) The Cabinet Secretary shall, in consultation with county governments,
develop a timetable for county governments to adopt the Act and regulations made
thereunder.
(2) The Authority shall publish a model county waste management legislation
and related subsidiary legislation on such date as the Cabinet Secretary may
appoint.
(3) Regulations relating to waste management under the Environmental
Management and Co-ordination Act (Cap. 387), shall remain in operation until
corresponding regulations under this Act have been published in the Gazette.

FIRST SCHEDULE
[s. 6(10)]

CONDUCT OF THE BUSINESS AND AFFAIRS OF THE COUNCIL

1. Meetings of the Council
The Council shall meet quarterly.
2. Special meetings
The Chairperson may, at any time, convene a special meeting of the Council
and shall do so within fifteen days of receiving a written notice for the meeting
signed by at least three of the members.
3. Chairperson to preside
(1) The chairperson shall preside at all meetings of the Council in which the
Chairperson is present and in the case of his or her absence, the vice-
Chairperson shall preside.
(2) At a meeting of the Council at which neither the Chairperson nor the vice-
Chairperson is present, the members of the Council present shall elect one
of their members to preside, and the person so elected shall have all the
powers of the Chairperson with respect to that meeting and the business
transacted thereof.
4. Quorum
The quorum for the conduct of the business of the Council shall be two thirds
of the members.
5. Voting
The decisions of the Council shall be by a majority of votes, and the chairperson
of the meeting shall have an original and a casting vote.
6. Validity of proceedings
The validity of any proceedings of the Council shall not be affected by
any vacancy among the membership thereof, or by reason of a defect in the
appointment of a member.
7. Minutes of the meeting
Minutes of the proceedings at meetings of the Council shall be kept in such a
manner as the Council directs and will be made available to the Cabinet Secretary.

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8. Committees of the Council

The Council may establish such committees as may be necessary for the
performance of the functions of the Council and may, subject to the provisions of
this Act, delegate powers conferred on it to any such committee.
9. Power of the Council to regulate own procedure
Subject to the provisions of this Schedule, the Council shall regulate its own
procedure.
10. Disclosure of interest
If a member of the Council is directly or indirectly interested in any contract,
proposed contract or other matter before the Council and is present at a meeting
of the Council at which the contract, proposed contract or other matter is the
subject of consideration, he or she shall, at the meeting and as soon as reasonably
practicable after the commencement thereof, disclose the fact and shall not take
part in the consideration or discussion of, or vote on, any questions with respect
to the contract or other matter, or be counted in the quorum of the meeting during
consideration of the matter.
11. Secondment
The Cabinet Secretary may, in consultation with the Council, and upon such
terms and conditions as may be prescribed, second such officers, agents and other
staff as may be necessary for the efficient discharge of the functions of the Council
under this Schedule.
12. Experts and Consultants
The Council may engage consultants and experts, as it considers appropriate,
to assist in the discharge of its functions under this Schedule.
13. Remuneration
The chairperson and members of the Council shall be paid such remuneration,
fees, allowances and disbursements for expenses as may be approved by the
Cabinet Secretary.
14. Reporting
(1) The Council shall submit an annual report to the Cabinet Secretary.
(2) Notwithstanding subparagraph (1), the Cabinet Secretary may, at any time,
require a report from the National Waste Management Council on a particular
matter.
15. Secretary
(1) The Cabinet Secretary shall second a senior officer from the Ministry to
serve as Secretary to the Council.
(2) The Secretary shall—
(a) be appointed by the Cabinet Secretary;
(b) be an ex officio member of the Council with no right to vote;
(c) be secretary to the Council;
(d) subject to the directions of the Council, be responsible for the day
to day management of the affairs of the Council; and
(e) perform such other functions as the Council may, from time to time,
determine.

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(3) The Secretary shall serve on such terms and conditions as the Cabinet
Secretary may determine.

SECOND SCHEDULE
[s. 23]

PROVISIONS ON PUBLIC CONSULTATION

1. (1) Where this Act imposes a requirement for public consultation in matters
relating to sustainable waste management policies, regulations, plans or
actions, the respective national or county government entity or public entity
shall publish a notice—
(a) in the Gazette;
(b) in at least two newspapers with a nationwide circulation;
(c) in at least one newspaper with a circulation in the locality in which
the policies, regulations, plans or actions relate;
(d) in at least one radio station broadcasting in the locality in which
the policies, regulations, plans or actions relate; and
(e) via the county executive committee member responsible for
environmental matters in the county.
(2) The notice specified in subparagraph (1) shall—
(a) set out a summary of the policy, regulation, plan or action;
(b) state the place where the details of the policy, regulation, plan or
action may be inspected; and
(c) invite written comments on, or objections to, the policy, regulation,
plan or action from any interested person and specify to whom and
the date by which the comments are to be submitted.
2. The respective national and county government entity or private entity shall
make arrangements for the public to obtain copies, at a reasonable fee, of
documents relating to the policy, regulation, plan or action which are in the
possession of the entity.
3. The respective national or county government entity or private entity shall
consider the—
(a) comments or objections received under paragraph (2); and
(b) comments or objectives received at a public meeting held in relation
to the policy, regulation, plan or action, or received form any other
source and in any other form.
4. The respective national or county government entity or private entity shall, by
notice in the Gazette, inform any interested person of the decision relating to the
policy, regulation, plan or action and the reasons thereof and the place where the
decision may be accessed.
5. Where regulations under the Act so require, the respective national or county
government entity or private entity shall convene a public meeting relating to
the policy, regulation, plan or action before a decision is rendered on the policy,
regulation, plan or action.

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