Statutory Mandates:

The Act delineates responsibilities among key entities:

• Cabinet Secretary: Responsible for policy formulation, regulation development, coordination of international obligations, and oversight of the Act’s administration.
• Waste Management Council: A new entity serving as an advisor to the Cabinet Secretary, intermediary for inter-governmental relations, and resource mobilizer for the Waste Management Sector.
• National Environment Management Authority (NEMA): Entrusted with regulatory, sensitization, and enforcement functions in consultation with county governments. NEMA issues licenses, conducts research and training, and maintains a national waste information database.
• County Governments: Responsible for various waste management functions, including legislative alignment, waste facility establishment, waste recovery, and quarterly reporting. They must incentivize waste collection and separation, plan for waste management facilities, and submit annual reports to NEMA and County Assembly.

Waste Management for Private Sector Entities and Waste Service Providers:

Private sector entities are mandated to:

• Develop 3-year waste management plans and submit annual monitoring reports to NEMA.
• Identify and eliminate negative impacts of products, enable recovery and reuse, reclaim and recycle, and incorporate environmental concerns in product design and disposal.
• Collect and segregate hazardous waste, ensuring disposal in facilities provided by the county government or NEMA.
• Provide waste segregation receptacles on business premises for organic, plastic, and general dry waste.

Compliance and Penalties:

Non-compliance by private sector entities and individuals may result in fines ranging from KES 20,000 to KES 5,000,000, with some penalties linked to a percentage of the entity’s net income for the previous tax year. Prison terms ranging from 3 months to 4 years are also possible, and in certain cases, both fines and prison terms may be imposed.

Dispute Resolution:

Entities or individuals aggrieved by license denials, imposed conditions, fees, or restoration orders have the right to appeal to the National Environment Tribunal within 60 days from the date of the event.

The Sustainable Waste Management Act establishes a comprehensive framework for waste management, emphasizing collaboration between government entities, private sector responsibility, and stringent measures to ensure compliance with environmental standards.