Search options

Search operator:
Find:
At least one word (OR)
All words (AND)
Exact expression (Phrase)
Semantic search & fuzzy search
Also find:


2021-06-16T09:51:50Z
Sustainable Waste Management Bill, Kenya 2020.pdf
ICT OAGDOJ Kenya:

The Sustainable Waste Management Bill, 2020

1

THE SUSTAINABLE WASTE MANAGEMENT BILL, 2020

ARRANGMENT OF CLAUSES

Clause

PART I—PRELIMINARY

1—Short title and commencement
2—Interpretation
3—Objectives 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—Take back schemes
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

PART V—PUBLIC PARTICIPATION AND ACCESS TO INFORMATION

20—Access to information
21—Public participation

PART VI—FINANCIAL PROVISIONS

22— Fees to be allocated to county waste management facilities
23— Incentives for waste management


The Sustainable Waste Management Bill, 2020

2

PART VII—MONITORING AND COMPLIANCE

24—Monitoring and evaluation by the Authority
25—Compliance and enforcement
26— Role of the National Environment Complaints Committee
27—Partnership programmes

PART VIII—GENERAL PROVISIONS

28—Restoration
29—Dispute resolution
30—General penalty

PART IX—MISCELLANEOUS MATTERS

31— Integrating waste management into school curricula
32—Regulations
33—Transitional provisions

SCHEDULE—Provisions on Public Participation


The Sustainable Waste Management Bill, 2020

3

THE SUSTAINABLE WASTE MANAGEMENT BILL, 2020

A Bill for

AN ACT of Parliament to establish the legal and institutional framework
for the sustainable management of waste; the realisation of the
constitutional provision on the right to a clean and health
environment; and for connected purposes

ENACTED by the Parliament of Kenya as follows

PART I—PRELIMINARY

Short title and
commencement.

1. This Act may be cited as the Sustainable Waste Management
Act, 2020, and shall come into operation on such date as the Cabinet
Secretary may, by notice in the Gazette, appoint.

Interpretation. 2. In this Act, unless the context otherwise requires—

No. 8 of 1999.
“Authority” means the National environment Management

Authority established under section 7 (1) of the Environmental
Management and Co-ordination Act, 1999;

“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, 1999;

“Council” means the Waste Management Council established
under section 6 (2);

“domestic waste” means waste, other than hazardous waste,
generated from a domestic residence;

“extended producer responsibility measures” means measures that
extend a person’s or a firm’s financial or physical responsibility over a
product up to the consumer stage of the product including—

(a)waste minimisation programmes;

(b) deposit-refund and take-back schemes;

(c)financial arrangements for any fund established for the
promotion of reduction, reuse, recycling or recovery of waste;

(d) awareness programmes to inform the public on the impacts of
waste emanating from the product on health and the


The Sustainable Waste Management Bill, 2020

4

environment; and

(e)any other measures to undertaken for the reduction of the
potential impact of the product on health and the environment;

“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;

“National Environment Tribunal” means the National
Environment Tribunal established under section 125 (1) of the
Environmental Management and Co-ordination Act, 1999;

“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, 1999;

No. 18 of 2013.
“private sector entity” a person, firm or corporate entity with

functions of a private nature including entities registered under the
Public Benefits Organisations Act, 2013;

“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 grated 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 whereby waste is reclaimed for
further use involving the separation of waste from a waste stream and


The Sustainable Waste Management Bill, 2020

5

the processing of that waste as a product or raw material;

“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
in order to reduce the amount of waste that is generated and managing
the waste in a way that contributes to the environmental, social and
economic goals of sustainable development;

“take-back scheme” means a scheme for the collection,
transportation and return of products or packaging to end users;

“toxic substance” means any substance which, on entry into an
organism through ingestion, inhalation or dermal contact, is injurious,
causes physiological 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 unwanted, rejected,
abandoned, discarded or disposed of, or 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,
horticulture, aquaculture and forestry, medical waste,
chemical waste, hazardous waste, toxic waste, industrial
waste, pesticides 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 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 recovering is not
required, it has been reused, recycled or recovered; or

(iii) where the Cabinet Secretary 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 management facility” means a site or premises licensed in
accordance with this Act for the purposes of receiving, accumulation,


The Sustainable Waste Management Bill, 2020

6

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;

(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;

“waste minimisation programme” or “waste reduction
programme” means a programme that is intended to promote reduction
in generation and disposal of waste; 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.

Objectives of
the Act.

3. The objectives 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


The Sustainable Waste Management Bill, 2020

7

economy in waste management, recycling and recovery;

(f) establish an environmentally sound infrastructure and system
for sustainable waste management;

(g) promote sustainable procurement practices;

(h) mainstream resource efficiency principles in sustainable
consumption and production practices; and

(i) inculcate responsible public behaviour on waste and
environment.

General
principles.

4. 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

(f) achieving sustainable development goals.

PART II—POLICY, CO-ORDINATION AND OVERSIGHT OF WASTE
MANAGEMENT

Role of the
Cabinet

5. The Cabinet Secretary shall be responsible for—


The Sustainable Waste Management Bill, 2020

8

Secretary. (a) policy on sustainable waste management in consultation with
county governments;

(b) the development of regulations in consultation with the
Authority;

(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.

Waste
Management
Council.

6. (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) the Cabinet Secretary who shall be the chairperson;

(b) the chairperson of the Environment Committee of the Council
of County Governors who shall be the co-chairperson;

(c) a representative from the ministry responsible for matters
relating to waste management;

(d) a representative from the National Treasury;

(e) a representative from the Authority;

(f) the chairperson of the caucus of county executive committee
members in charge of environment; and

(g) three other persons appointed by the Cabinet Secretary for
their competencies in sustainable waste management.

(3) The Council may co-opt members with relevant expertise
when needed who shall advise the Council on specific matters relating
to sustainable waste management.

(4) The Cabinet Secretary shall establish a waste management
secretariat for the waste management council.

Functions of the
Council.

7. (1) The Council shall—

(a) provide analytical support on sustainable waste management
to ministries, agencies and county governments;

(b) serve as the national knowledge and information management
centre for disseminating knowledge and information on


The Sustainable Waste Management Bill, 2020

9

sustainable waste management;

(c) in collaboration with other agencies at the international,
national and county governments level—

(i) identify sustainable waste prevention, reduction,
reuse, recycling and disposal strategies;

(ii) optimise opportunities to mobilise financing for
sustainable waste management; and

(iii) ensure co-ordination across national and county
government entities in sustainable waste management;

(d) co-ordinate activities relating to Kenya’s international
obligations relating to waste and chemicals conventions;

(e) develop a national strategy for the reduction of land-based
pollution to the marine environment;

(f) provide technical assistance to county governments as may be
needed from time to time; and

(g) perform such other functions as may be assigned by the
Cabinet Secretary.

(3) The Cabinet Secretary shall, within one year of the coming
into operation of this Act, make regulations for the operationalisation
of the Council.

Functions of the
Authority.

8. (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—


The Sustainable Waste Management Bill, 2020

10

(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 develop an action plan for the
implementation of the National Waste Management Strategy within
one year of the coming into operation of this Act.

(3) The Authority shall provide analytical reports and support on
waste management to ministries, agencies and counties and serve as
the national knowledge and information management centre for
disseminating information on sustainable waste management.

Functions of
county
governments.

9. (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


The Sustainable Waste Management Bill, 2020

11

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.

PART III—MEASURES AND ACTIONS

Policies,
regulations and
standards by the
Cabinet
Secretary.

10. (1) The Cabinet Secretary shall, within two years of the
coming into operation of this Act and in consultation with the
Authority, 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, 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;

(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.


The Sustainable Waste Management Bill, 2020

12

Policies,
regulations and
standards by
county
governments.

11. (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.

Take back
schemes.

12. (1) Products and packaging that may cause negative impacts
on the environment shall be returned to the seller after their use.

(2) Products and packaging referred to in subsection (1) shall be
marked with a special label.

(3) The seller of products referred to in subsection (1) shall take
back the used products and packaging.

(4) The Cabinet Secretary shall prescribe regulations on the
products and packaging referred to in subsection (1), the manner and
form of marking the product and packaging, the processes and
procedures for the collection, processing, treatment and return of
products and packaging, and the manner of public information
thereon.

Extended
producer
responsibility.

13. (1) An entity engaged in the production, conversion or
importation of products and packaging shall bear extended producer
responsibility over the products or packaging for the purpose of
reducing the environmental impact of the products or packaging.

(2) For the purpose of this section, “extended producer
responsibility” of an entity engaged in the production, conversion or
importation of products and packaging includes the design of
environmentally friendly and recyclable products and packaging,
physical collection and management of waste, and financial
contributions to a collective scheme.

(3) Recoverable and recyclable products, materials and packaging
that may cause pollution shall be marked with a special label and
returned to the seller, producer, importer, brand owner or agent after
the post-consumer use of the products, materials and packaging.

(4) A manufacturer, importer, supplier, distributor or retailer of
products or packaging referred to in subsection (2) shall join an


The Sustainable Waste Management Bill, 2020

13

extended producer responsibility scheme within one year of the
coming into operation of this Act.

(5) A producer, importer, converter, brand owner or distributor
may, with the permission of the Authority, establish a collective
producer responsibility organisation.

(6) There shall be one collective producer responsibility
organisation for a specific waste stream.

(7) A consumer shall return to a seller, distributor, producer,
importer, brand owner or agent the used product or packaging referred
to in subsection (2).

(8) The Cabinet Secretary, in consultation with the standards body
and the Authority, may prescribe design standards for the products or
packaging referred in subsection (2).

(9) Extended producer responsibility schemes and collective
producer responsibility organisations shall submit annual reports to the
authority specifying the type and amount of waste generated by the
participants in the schemes, the manner in which the waste was
collected, managed and disposed of, and any other information that the
Authority may prescribe from time to time.

(10) The Cabinet Secretary shall make regulations on extended
producer responsibility and special return marks and labels for
products and packaging referred to in subsection (2).

Materials
recovery
facilities.

14. (1) Each county government shall establish a materials
recovery facility.

(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

Functions of the
Cabinet
Secretary.

15. (1) The Cabinet Secretary shall prescribe measures for the
reduction of waste, and the environmentally sound reuse, recycling
and recovery of waste.


The Sustainable Waste Management Bill, 2020

14

(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.

Functions of
accounting
officers of
public entities.

16. (1) The accounting officer of a public entity shall be
responsible for the management of waste generated 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;

(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;


The Sustainable Waste Management Bill, 2020

15

(d) any person whose activities generate waste shall segregate
the waste by separating the hazardous waste and dispose of
the waste in a facility that has been established by the
county government or Authority for that purpose;

(e) the entity cleans up and restores the site to its natural state
or near its natural state;

(f) the entity prepares a waste management plan and integrates
the plan in its corporate strategy and plan; and

(g) the entity has provided waste segregation 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 two hundred thousand
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 and offence and shall, on
conviction, be liable to a fine not exceeding fifty thousand shillings or
imprisonment not exceeding six months or both.

Functions of
county
governments.

17. Each county government shall—

(a) enact a county sustainable waste management legislation
within one year 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


The Sustainable Waste Management Bill, 2020

16

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).

Waste
management
plans.

18. (1) Each county government shall prepare and submit to the
county assembly for approval an integrated waste management plan
once every five years.

(2) Each county government shall include the approved integrated
waste management plan in the integrated county development plan.

Duties of
private sector
entities.

19. (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) 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.

(3) 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;


The Sustainable Waste Management Bill, 2020

17

(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.

(4) 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.

(5) 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—

(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.

(6) Where a private entity or any of its officers has been convicted
of an offence under subsection (2), 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


The Sustainable Waste Management Bill, 2020

18

(b) not exceeding twenty thousand shillings for the entity’s
officers.

PART V—PUBLIC PARTICIPATION AND ACCESS TO INFORMATION

Access to
information.

20. (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 on the Gazette, prescribe reasonable fees to be levied for
processing applications for access to information under this section.

Public
participation.

21. Public consultation and participation under this Act shall be
conducted in accordance with the procedures set out under the
Constitution, this Act and any other relevant written law.

PART VI—FINANCIAL PROVISIONS

Fees to be
allocated to
county waste
management
facilities.

22. 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.

Incentives for
waste
management.

23. (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;


The Sustainable Waste Management Bill, 2020

19

(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

Monitoring and
evaluation by
the Authority.

24. (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.

Compliance and
enforcement.

25. (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

(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


The Sustainable Waste Management Bill, 2020

20

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.

Role of the
National
Environment
Complaints
Committee.

26. (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.

Partnership
programmes.

27. (1) The Authority shall, in consultation with 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

Restoration. 28. (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).

No. 8 of 1999.
(3) A restoration order issued under this section shall be effected

in accordance with the Environmental Management and Co-ordination
Act, 1999.


The Sustainable Waste Management Bill, 2020

21

Dispute
resolution.

29. 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

(d) the imposition of a restoration order in accordance with
section 27,

may, within sixty days of the occurrence of the event with which the
person or entity is aggrieved, appeal to the National Environment
Tribunal.

General
penalty.

30. 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—MISCELLANEOUS MATTERS

Integrating
waste
management
into school
curricula.

31. 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.

Regulations. 32. (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; and


The Sustainable Waste Management Bill, 2020

22

(h) any other matter required under this Act.

(3) For the purpose of Article 96 (4) 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

Cap. 2.
No. 23 of 2013.

(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 and the Statutory
Instruments Act, 2013.

Transitional
provisions.

33. (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.

No. 9 of 1999. (3) Regulations relating to waste management under the
Environmental Management and Co-ordination Act, 1999, shall
remain in operation until corresponding regulations under this Act
have been published in the Gazette.

SCHEDULE (s. 21)
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


The Sustainable Waste Management Bill, 2020

23

Dated the ………………………………….., 2020.

KERIAKO TOBIKO,
Cabinet Secretary for Environment and Forestry.

(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.


The Sustainable Waste Management Bill, 2020

24

MEMORANDUM OF OBJECTS AND REASONS

The principal object of the Bill is to establish the legal and institutional framework for the
sustainable management of waste; the realisation of the constitutional provision on the right
to a clean and health environment. The Bill is divided into 9 Parts and runs to 32 clauses and
one Schedule.

Part I of the Bill (clauses 1 – 4) provides for preliminary matters. Clause 2 provides for the
defined terms; clause 3 provides for the objects of the Act; and clause 4 provides for the
principles underpinning the Act.

Part II of the Bill (clauses 5 – 9) provides for policy, co-ordination and oversight of waste
management. Clause 5 provides for the role of the Cabinet Secretary; clause 6 provides for
the establishment of the Waste Management Council while clause 7 provides for its
functions; clause 8 provides for the functions of NEMA; and clause 9 provides for the
functions of county governments.

Part III of the Bill (clauses 10 – 14) provides for measures and actions including the for the
role of the Cabinet Secretary and county governments regarding policies, regulations and
standards; the administration of take-back schemes; the extended producer responsibility of
entities engaged in the production, conversion and importation of products and packaging;
and the establishment and administration of materials recovery facilities.

Part IV of the Bill (clauses 15 – 19) provides for the waste management functions of the
Cabinet Secretary and accounting officers of public entities, county governments. It also
provides for the establishment and management of materials recovery facilities; and the
duties of private sector entities.

Part V of the Bill (clauses 20 and 21) provides for access to the information on waste
management submitted and maintained by NEMA, and for public consultation and
participation for the purposes of the Act.

Part VI of the Bill (clauses 22 and 23) provides for financial provisions including the
allocation of fees for county waste management facilities; incentives for the production and
importation of sustainable waste management equipment, and for encouraging investment in
materials recovery and recycling activities.

Part VII of the Bill (clauses 24 – 27) provides for monitoring, compliance and enforcement
by NEMA; the role of the National Environment Complaints Committee in establishing a
complaints and redress mechanism for the purposes of the Act; and the establishment of
partnership programmes by the Authority.

Part VIII of the Bill (clauses 28 – 30) provides for general provisions including the
obligation for environmental restoration where waste management activities have taken
place; dispute resolution mechanisms relating disputes under the Act; and a general penalty
for offences for which no specific penalty is provided for under the Act.

Part IX of the Bill (clauses 30 – 33) provides for miscellaneous matters including the
integration of waste management into school curricula; the making of regulations for the


The Sustainable Waste Management Bill, 2020

25

better carrying out of the provisions of the Act by the Cabinet Secretary; and for transitional
matters.

The Schedule to the Bill provides for the procedure to be followed in public participation as
specified in clause 21.


Failed tasks while import & analysis (ETL)

X-TIKA:EXCEPTION:warn

Law clause

  • section 31
  • section (2
  • section 7
  • section (3
  • section 27
  • section 6
  • section 125
  • Article 96
  • section 8
  • section (1
  • section 2

Filename extension

pdf

Countries

Creation-Date:
2021-03-15T12:16:28Z

Last-Modified:
2021-03-15T12:22:31Z

Last-Save-Date:
2021-03-15T12:22:31Z

access_permission_assemble_document:
true

access_permission_can_modify:
true

access_permission_can_print_degraded:
true

access_permission_can_print:
true

access_permission_extract_content:
true

access_permission_extract_for_accessibility:
true

access_permission_fill_in_form:
true

access_permission_modify_annotations:
true

countries_ss_taxonomy0:
  • Kenya
  • Kenya
  • Kenya
  • Kenya


created:
2021-03-15T12:16:28Z

creator:
ICT OAGDOJ Kenya

date:
2021-03-15T12:22:31Z

dc_creator:
ICT OAGDOJ Kenya

dc_format:
application/pdf; version=1.4

dcterms_created:
2021-03-15T12:16:28Z

dcterms_modified:
2021-03-15T12:22:31Z

file_modified_dt:
2021-06-16T09:51:50Z

id:
https://plasticsdb.surrey.ac.uk/documents/kenya/Sustainable Waste Management Bill, Kenya 2020.pdf

law_code_ssall_labels_stemming_en_ss_tag:


law_code_ssall_labels_stemming_en_ss_tag_ss_taxonomy0:
  • Corpus Juris Civilis
  • Oregon Revised Statutes


meta_author:
ICT OAGDOJ Kenya

meta_creation-date:
2021-03-15T12:16:28Z

meta_save-date:
2021-03-15T12:22:31Z

modified:
2021-03-15T12:22:31Z

path0:
plasticsdb.surrey.ac.uk

path1:
documents

path2:
kenya

path_basename:
Sustainable Waste Management Bill, Kenya 2020.pdf

pdf_PDFVersion:
1.4

pdf_charsPerPage:
  • 1102
  • 476
  • 1761
  • 1950
  • 2130
  • 1508
  • 1825
  • 1728
  • 1569
  • 1952
  • 1586
  • 2314
  • 2051
  • 1636
  • 2082
  • 1795
  • 1854
  • 1926
  • 1934
  • 2007
  • 1664
  • 1936
  • 1737
  • 2994
  • 260


pdf_docinfo_created:
2021-03-15T12:16:28Z

pdf_docinfo_creator:
ICT OAGDOJ Kenya

pdf_docinfo_creator_tool:
Nitro Pro

pdf_docinfo_modified:
2021-03-15T12:22:31Z

pdf_docinfo_producer:
Nitro Pro 9 (9. 5. 1. 5)

pdf_encrypted:
false

pdf_hasMarkedContent:
false

pdf_hasXFA:
false

pdf_hasXMP:
true

pdf_unmappedUnicodeCharsPerPage:
  • 0
  • 0
  • 0
  • 0
  • 0
  • 0
  • 0
  • 0
  • 0
  • 0
  • 0
  • 0
  • 0
  • 0
  • 0
  • 0
  • 0
  • 0
  • 0
  • 0
  • 0
  • 0
  • 0
  • 0
  • 0


producer:
Nitro Pro 9 (9. 5. 1. 5)

resourceName:
b'Sustainable Waste Management Bill, Kenya 2020.pdf'

xmpTPg_NPages:
25

xmp_CreatorTool:
Nitro Pro

etl_file_b:
1

etl_enhance_mapping_id_time_millis_i:
0

etl_enhance_mapping_id_b:
1

etl_filter_blacklist_time_millis_i:
0

etl_filter_blacklist_b:
1

etl_filter_file_not_modified_time_millis_i:
12

etl_filter_file_not_modified_b:
1

etl_enhance_file_mtime_time_millis_i:
0

etl_enhance_file_mtime_b:
1

etl_enhance_path_time_millis_i:
0

etl_enhance_path_b:
1

etl_enhance_entity_linking_time_millis_i:
279

etl_enhance_entity_linking_b:
1

etl_enhance_multilingual_time_millis_i:
2

etl_enhance_multilingual_b:
1

etl_export_solr_time_millis_i:
2

etl_export_solr_b:
1

etl_export_queue_files_time_millis_i:
0

etl_export_queue_files_b:
1

etl_time_millis_i:
1013

Failed tasks while import & analysis (ETL):
X-TIKA:EXCEPTION:warn

etl_enhance_extract_text_tika_server_ocr_enabled_b:
1

etl_count_images_yet_no_ocr_i:
0

X-Parsed-By:
  • org.apache.tika.parser.DefaultParser
  • org.apache.tika.parser.pdf.PDFParser


etl_enhance_extract_text_tika_server_time_millis_i:
311

etl_enhance_extract_text_tika_server_b:
1

etl_enhance_pdf_ocr_time_millis_i:
125

etl_enhance_pdf_ocr_b:
1

etl_enhance_detect_language_tika_server_time_millis_i:
17

etl_enhance_detect_language_tika_server_b:
1

etl_enhance_contenttype_group_time_millis_i:
1

etl_enhance_contenttype_group_b:
1

etl_enhance_pst_time_millis_i:
1

etl_enhance_pst_b:
1

etl_enhance_csv_time_millis_i:
0

etl_enhance_csv_b:
1

etl_enhance_extract_hashtags_time_millis_i:
6

etl_enhance_extract_hashtags_b:
1

etl_enhance_warc_time_millis_i:
6

etl_enhance_warc_b:
1

etl_enhance_zip_time_millis_i:
1

etl_enhance_zip_b:
1

etl_clean_title_time_millis_i:
0

etl_clean_title_b:
1

etl_enhance_rdf_annotations_by_http_request_time_millis_i:
27

etl_enhance_rdf_annotations_by_http_request_b:
1

etl_enhance_rdf_time_millis_i:
0

etl_enhance_rdf_b:
1

etl_enhance_regex_time_millis_i:
10

etl_enhance_regex_b:
1

etl_enhance_extract_email_time_millis_i:
11

etl_enhance_extract_email_b:
1

etl_enhance_extract_phone_time_millis_i:
8

etl_enhance_extract_phone_b:
1

etl_enhance_extract_law_time_millis_i:
19

etl_enhance_extract_law_b:
1

etl_export_neo4j_time_millis_i:
165

etl_export_neo4j_b:
1

X-TIKA_EXCEPTION_warn:
org.xml.sax.SAXParseException; lineNumber: 2; columnNumber: 2; The markup in the document following the root element must be well-formed. at org.apache.xerces.parsers.DOMParser.parse(Unknown Source) at org.apache.xerces.jaxp.DocumentBuilderImpl.parse(Unknown Source) at java.xml/javax.xml.parsers.DocumentBuilder.parse(DocumentBuilder.java:122) at org.apache.tika.utils.XMLReaderUtils.buildDOM(XMLReaderUtils.java:407) at org.apache.tika.parser.pdf.PDMetadataExtractor.loadDOM(PDMetadataExtractor.java:241) at org.apache.tika.parser.pdf.PDMetadataExtractor.extract(PDMetadataExtractor.java:62) at org.apache.tika.parser.pdf.PDFParser.extractMetadata(PDFParser.java:273) at org.apache.tika.parser.pdf.PDFParser.parse(PDFParser.java:155) at org.apache.tika.parser.CompositeParser.parse(CompositeParser.java:280) at org.apache.tika.parser.CompositeParser.parse(CompositeParser.java:280) at org.apache.tika.parser.AutoDetectParser.parse(AutoDetectParser.java:143) at org.apache.tika.parser.RecursiveParserWrapper.parse(RecursiveParserWrapper.java:233) at org.apache.tika.server.resource.TikaResource.parse(TikaResource.java:409) at org.apache.tika.server.resource.RecursiveMetadataResource.parseMetadata(RecursiveMetadataResource.java:147) at org.apache.tika.server.resource.RecursiveMetadataResource.getMetadata(RecursiveMetadataResource.java:123) at jdk.internal.reflect.GeneratedMethodAccessor3.invoke(Unknown Source) at java.base/jdk.internal.reflect.DelegatingMethodAccessorImpl.invoke(DelegatingMethodAccessorImpl.java:43) at java.base/java.lang.reflect.Method.invoke(Method.java:566) at org.apache.cxf.service.invoker.AbstractInvoker.performInvocation(AbstractInvoker.java:179) at org.apache.cxf.service.invoker.AbstractInvoker.invoke(AbstractInvoker.java:96) at org.apache.cxf.jaxrs.JAXRSInvoker.invoke(JAXRSInvoker.java:201) at org.apache.cxf.jaxrs.JAXRSInvoker.invoke(JAXRSInvoker.java:104) at org.apache.cxf.interceptor.ServiceInvokerInterceptor$1.run(ServiceInvokerInterceptor.java:59) at org.apache.cxf.interceptor.ServiceInvokerInterceptor.handleMessage(ServiceInvokerInterceptor.java:96) at org.apache.cxf.phase.PhaseInterceptorChain.doIntercept(PhaseInterceptorChain.java:308) at org.apache.cxf.transport.ChainInitiationObserver.onMessage(ChainInitiationObserver.java:121) at org.apache.cxf.transport.http.AbstractHTTPDestination.invoke(AbstractHTTPDestination.java:267) at org.apache.cxf.transport.http_jetty.JettyHTTPDestination.doService(JettyHTTPDestination.java:247) at org.apache.cxf.transport.http_jetty.JettyHTTPHandler.handle(JettyHTTPHandler.java:79) at org.eclipse.jetty.server.handler.HandlerWrapper.handle(HandlerWrapper.java:127) at org.eclipse.jetty.server.handler.ScopedHandler.nextHandle(ScopedHandler.java:235) at org.eclipse.jetty.server.handler.ContextHandler.doHandle(ContextHandler.java:1297) at org.eclipse.jetty.server.handler.ScopedHandler.nextScope(ScopedHandler.java:190) at org.eclipse.jetty.server.handler.ContextHandler.doScope(ContextHandler.java:1212) at org.eclipse.jetty.server.handler.ScopedHandler.handle(ScopedHandler.java:141) at org.eclipse.jetty.server.handler.ContextHandlerCollection.handle(ContextHandlerCollection.java:221) at org.eclipse.jetty.server.handler.HandlerWrapper.handle(HandlerWrapper.java:127) at org.eclipse.jetty.server.Server.handle(Server.java:500) at org.eclipse.jetty.server.HttpChannel.lambda$handle$1(HttpChannel.java:383) at org.eclipse.jetty.server.HttpChannel.dispatch(HttpChannel.java:547) at org.eclipse.jetty.server.HttpChannel.handle(HttpChannel.java:375) at org.eclipse.jetty.server.HttpConnection.onFillable(HttpConnection.java:270) at org.eclipse.jetty.io.AbstractConnection$ReadCallback.succeeded(AbstractConnection.java:311) at org.eclipse.jetty.io.FillInterest.fillable(FillInterest.java:103) at org.eclipse.jetty.io.ChannelEndPoint$2.run(ChannelEndPoint.java:117) at org.eclipse.jetty.util.thread.strategy.EatWhatYouKill.runTask(EatWhatYouKill.java:336) at org.eclipse.jetty.util.thread.strategy.EatWhatYouKill.doProduce(EatWhatYouKill.java:313) at org.eclipse.jetty.util.thread.strategy.EatWhatYouKill.tryProduce(EatWhatYouKill.java:171) at org.eclipse.jetty.util.thread.strategy.EatWhatYouKill.run(EatWhatYouKill.java:129) at org.eclipse.jetty.util.thread.ReservedThreadExecutor$ReservedThread.run(ReservedThreadExecutor.java:388) at org.eclipse.jetty.util.thread.QueuedThreadPool.runJob(QueuedThreadPool.java:806) at org.eclipse.jetty.util.thread.QueuedThreadPool$Runner.run(QueuedThreadPool.java:938) at java.base/java.lang.Thread.run(Thread.java:829)

X-TIKA_content_handler:
ToTextContentHandler

X-TIKA_embedded_depth:
0

X-TIKA_parse_time_millis:
290




Searching ...