Industry Producers Must Take Responsibility for Packaging Waste in Nairobi Rivers, Says CS Duale

The Cabinet Secretary (CS) for Environment, Climate Change, and Forestry, Aden Duale, has called on industry producers to take responsibility for the waste generated from their packaging. Speaking at a consultative meeting with producers on the use of Extended Producer Responsibility (EPR) at the Boma Hotel in South C, Nairobi, CS Duale stressed the need for accountability among manufacturers, emphasizing that the government will enforce compliance with EPR regulations.

This meeting comes at a critical juncture as the government, through the National Environment Management Authority (NEMA), steps up efforts to clean up Nairobi Rivers, which have long been plagued by waste, much of which can be traced back to industry packaging. With the government set to gazette the Extended Producer Responsibility (EPR) regulations, industry players are now being held accountable for the waste generated by their products, particularly when this waste ends up in public spaces and water bodies.

The Call for Accountability in Packaging Waste Management

In his address, CS Duale was unequivocal in his message to producers. “If you are in the packaging industry, you must take responsibility for your packaging material in Nairobi Rivers,” he said, challenging producers to comply with existing environmental laws and take proactive measures to manage their waste.

His statement underscores the mounting pressure on manufacturers and producers to comply with NEMA’s restoration orders, which mandate them to clean up waste in the Nairobi rivers. The cabinet secretary was adamant that producers who fail to comply will face stringent action from the government, noting that NEMA had already issued restoration orders to 145 companies in the past eight months due to their waste being found in the rivers.

CS Duale emphasized that compliance with EPR is not optional but mandatory for all producers. “You must comply with the orders as directed and ensure that our rivers are spotlessly clean,” he reiterated. This strong stance reflects the government’s resolve to restore the ecological integrity of Nairobi’s waterways and curb the negative environmental impacts caused by improper waste management.

The Sustainable Waste Management Act: A Framework for Circular Economy

At the heart of the government’s efforts to ensure responsible waste management is the Sustainable Waste Management Act, 2022. This legislation, passed by Parliament, aims to transition Kenya from a linear model of waste management—where products are simply discarded after use—to a circular model, where waste is minimized, and resources are reused, recycled, or repurposed.

The linear “take, make, dispose” model that has long been in use in Kenya has contributed to the proliferation of litter, illegal dumpsites, and increased greenhouse gas emissions. The Act seeks to change this by placing the onus on producers to manage the lifecycle of their products, from design to disposal.

Section 13 (1) of the Sustainable Waste Management Act, 2022, outlines the obligations of producers under the Extended Producer Responsibility (EPR) policy. According to the Act, “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.”

The EPR model is based on the Polluter-Pays Principle, which means that producers are financially, organizationally, and physically responsible for the collection, treatment, and disposal of waste from the products they bring to market. This ensures that producers take an active role in managing the environmental impact of their products, particularly when it comes to waste disposal.

Government Action and the Role of NEMA

In addition to holding producers accountable, the government is actively working to clean up Nairobi’s rivers and other water bodies across the country. The recently launched Climate Resilience Service Programme, unveiled by President William Ruto in September 2024, highlighted waste management and sanitation as key areas of focus. As part of this initiative, the government has engaged over 20,000 youth to remove waste from the rivers, and much of the waste collected has been linked to products from specific producers.

CS Duale noted that EPR will be a major tool in implementing the Climate Resilience Service Programme, particularly along the Nairobi rivers. He emphasized that the government expects producers to take responsibility for their waste and ensure that it is safely disposed of. “Since most of this waste has labels from the producers, we expect EPR schemes to take their waste away for safe disposal,” he stated.

Moreover, the cabinet secretary called on EPR schemes to sustain the cleanliness of Nairobi’s rivers by establishing strong logistical systems that integrate local community groups. These systems should facilitate the collection, transportation, recycling, reuse, and safe disposal of waste generated from their products. The involvement of community groups in waste management efforts is seen as a crucial step toward ensuring long-term sustainability and reducing the environmental footprint of packaging materials.

The Scale of Kenya’s Waste Problem

The scale of the waste management problem in Kenya is staggering. According to the Sustainable Waste Management Policy of 2021, every Kenyan generates approximately 0.5 kilograms of waste per day, amounting to 25,000 tonnes of waste daily for a population of 50 million. This waste is composed of 60% organic matter, 30% recyclables, and 10% other materials, including hazardous waste.

Given the sheer volume of waste generated daily, the need for effective waste management systems cannot be overstated. The government’s push for EPR compliance is seen as a critical step in reducing the environmental impact of packaging waste and ensuring that producers play their part in managing the lifecycle of their products.

Enforcement and Consequences for Non-Compliance

While the government is working with industry players to promote compliance with EPR regulations, CS Duale made it clear that non-compliance will not be tolerated. He applauded NEMA for its efforts in enforcing Section 13 of the Sustainable Waste Management Act, stating that companies that fail to meet their obligations will face serious consequences.

The CS warned that if producers continue to allow their products to cause pollution, NEMA will engage them in discussions with the intention of banning the offending product or packaging. This two-pronged approach—encouraging compliance while enforcing strict penalties for non-compliance—aims to ensure that Kenya’s rivers and other water bodies are restored to their natural, unpolluted states.

Conclusion

CS Aden Duale’s message to industry producers is clear: the time for inaction on packaging waste is over. As the government moves to gazette the Extended Producer Responsibility (EPR) regulations and enforce compliance with the Sustainable Waste Management Act, 2022, producers must take responsibility for the waste generated by their products.

The adoption of EPR as a policy tool marks a significant shift toward a circular economy in Kenya, where waste is no longer seen as a problem to be discarded but as a resource to be managed, recycled, and repurposed. By holding producers accountable for their waste, the government is taking an important step toward ensuring the long-term health and sustainability of Nairobi’s rivers and the environment as a whole.

As CS Duale emphasized during the meeting, “It is crucial that we address this matter promptly, and I expect your full cooperation in ensuring we meet our obligations and standards.” The onus is now on industry players to step up and contribute to a cleaner, greener future for Kenya.