2021-06-15T15:59:30Z
Mombasa County Solid Waste Management Policy, Kenya 2018.pdf
Republic of Kenya
Mombasa County Sessional Paper No 01 of 2019
On
Solid Waste Management
MOMBASA COUNTY SOLID WASTE MANAGEMENT
POLICY
June 2019
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Table of Contents
Chapter 1 Background and Situational Analysis ....................................... 4
1.1. Introduction .......................................................................................... 4
1.2. Policy development process ............................................................... 4
1.3. Geographic location and size ............................................................. 5
1.4. Administrative structure ..................................................................... 5
1.5. Social and economic context .............................................................. 5
1.5.1. Social context ............................................................................................................ 5
1.5.2. Economic context .................................................................................................... 6
1.5.3. Urbanization .............................................................................................................. 7
1.6. Solid waste management conceptual framework ............................ 8
1.6.1. Waste streams and sources....................................................................................... 8
1.6.2. Functional elements of a solid waste management system ....................... 10
1.6.3. Integrated Solid Waste Management (ISWM) ................................................ 11
1.7. Policy and legislative framework on solid waste management ... 14
1.7.1. Constitution of Kenya ............................................................................................... 15
1.7.2. The Environmental Management and Co-ordination Act (Cap 387) ...... 15
1.7.3. National Environment Policy, 2013 ..................................................................... 16
1.7.4. Integrated Coastal Zone Management (ICZM) Policy .................................. 16
1.7.5. Kenya Vision 2030 ..................................................................................................... 17
1.7.6. The National Solid Waste Management Strategy, 2015 .............................. 17
1.7.7. Global Policy Related to Solid Waste Management...................................... 18
1.7.8. Other policies and laws with implications on county solid waste
management policies and laws ........................................................................... 19
1.8. County context on solid waste management ................................. 20
1.9. Policy rationale ................................................................................... 22
Chapter 2 Policy Framework ...................................................................... 23
2.1. Introduction ........................................................................................ 23
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2.2. Policy Goal .......................................................................................... 23
2.3. Policy mission ..................................................................................... 23
2.4. Policy objectives ................................................................................. 24
2.5. Policy principles ................................................................................. 24
2.6. Policy measures .................................................................................. 25
2.6.1. Solid waste generation ............................................................................................ 26
2.6.2. Solid waste handling and separation, storage and processing ................. 27
2.6.3. Solid waste collection ............................................................................................... 29
2.6.4. Solid waste transfer and transportation ............................................................ 32
2.6.5. Solid waste separation, processing and transformation ............................. 34
2.6.6. Solid waste disposal .................................................................................................. 37
2.6.7. Solid waste management financing .................................................................... 38
2.6.8. Solid waste management and informal sector ............................................... 40
2.6.9. Solid waste management and land use planning .......................................... 41
2.6.10. Planning, Partnerships and Participation ........................................................ 43
2.6.11. Information, Education and Communication ................................................ 45
2.6.12. Research and development ................................................................................. 46
Chapter 3 Policy Implementation, Monitoring and Evaluation ............. 48
3.1. Introduction ........................................................................................ 48
3.2. Policy Implementation ...................................................................... 48
3.2.1. Institutional framework ........................................................................................... 48
3.2.2. Planning and Performance Management ......................................................... 52
3.2.3. Legal and Administrative Reforms....................................................................... 53
3.2.4. Collaboration with National Government ......................................................... 53
3.2.5. Staff Capacity Development .................................................................................. 54
3.3. Policy Monitoring and Evaluation .................................................... 54
3.3.1. Design of indicators .................................................................................................. 54
3.3.2. Monitoring and evaluation framework and system ...................................... 54
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Chapter 1
Background and Situational Analysis
1.1. Introduction
Solid waste management remains one of the critical development challenges globally,
nationally and at the county level. Solid waste is inevitable due to ordinary human
activities such as industrial production, consumption at household level, construction
and commercial processes among others. However, accumulation of solid waste has
environmental, health, social and economic implications in the long term.
Consequently, public interventions in solid waste management coupled with
engagement with private actors are required in order to achieve optimal results.
This policy provides for the guiding framework for solid waste management in
Mombasa County. The policy shall guide the county solid waste management actors
providing effective, efficient and sustainable services while utilizing solid waste as an
economic resource.
1.2. Policy development process
This policy was developed through a consultative process. The key policy actors in
solid waste management in the county were engaged during the preparation process.
Specifically national and county departments involved in solid waste management,
which included National Environment Management Authority (NEMA), county
departments in charge of public health, public works and trade were consulted. In
addition, private actors in solid waste management such as solid waste collectors and
transporters, resident associations, waste sorters and recyclers participated in the
process.
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1.3. Geographic location and size
The county is located in the coastal region of Kenya. It is situated between longitudes
39039’ 48.92” E and latitudes -40 03’ 16.78” S. The county covers a total area of
294.7 Km2 of which 65km2 is the water mass. The county neighbors Kwale to the
South, Kilifi to the North and the Indian Ocean to the East.
1.4. Administrative structure
The county consists of Six sub-counties namely Mvita, Nyali, Kisauni, Jomvu,
Changamwe and Likoni. The county has thirty wards. Each ward is represented by a
member of the county assembly.
1.5. Social and economic context
1.5.1. Social context
a) Poverty index
The county population that lives in poverty is estimated to be 34.8 percent.
b) Human Development Index
The Human Development Index (HDI) is a summary measure of average achievements
in key dimensions of human development, a long and healthy life (life expectancy at
birth), knowledge (expected years of schooling) and a decent standard of living (Gross
National Index Per Capita). The HDI of less than 0.550 signifies a low human
development, 0.550 – 0.699 signifies medium human development, 0.700 – 0.799 for
high human development and 0.800 or greater for very high human development.
Mombasa County has a Human Development Index of 0.55. This implies extent to
which the county population meets the 3 criteria of HDI a long and healthy life,
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knowledge and a decent standard of living. From the HDI categorization, the county
has a medium human development level.
Education
The county’s literacy rate stands at 57 percent. The level of education has
implications to the level of uptake of the solid waste management policy measures
such as information, adoption of modern solid waste management practices and
investment in solid waste management.
c) Demographic context
According to 2009 population census, the county has a population of 939,370 people
(Kenya National Bureau of Statistics). However, currently, the population is estimated
to be 1,266,358. The population of male is estimated to be 657,288 while female to be
609,069. In addition, the youth population is estimated to be 594,489 being 47 percent
of the total county population.
The population density in the county was 4,086 persons per km2 in 2009 and projected
to be 5,508 persons per km2 in 2018
1.5.2. Economic context
The main forms of economic activities (industrial and trade) in the county are tourism,
port and shipping, industry and fishing. The economic activities that have high
generation of solid waste in the county are tourism and industry. Tourism activities are
concentrated in Nyali Subcounty, while industrial activities are concentrated in Mvita
and Changamwe sub-counties. The table below summarizes the number of economic
activities and the number of entities
S/No Economic activity Number of entities
1 Where houses/ go downs 47
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2 Military Barracks 2
3 Industries 194
4 Supermarkets 45
5 Hospitals 89
6 Hotels/bars 1690
7 Clinics -
8 Schools 1048
9 Grocery stores 30063
10 Households 263,000
The major employers include the hotel industry, Kenya Ports Authority, government of
Kenya and container freight terminals. The total county labour force stands at 679,717
of which 6791 are employed in the agricultural sector, 13594 are engaged as rural self-
employed while 408830 are wage employed. The remaining 165857 are engaged as
urban self-employed.
1.5.3. Urbanization
The urban and pre-urban population is 98 percent of the county’s population
(according to 2009 census). It is projected to be 1,247,157 in 2018. The large urban
population can be attributed to the fact that Mombasa is an industrial city, a port city
and a major gateway to the East and Central Africa region as a result many people
come into the city in pursuit of employment opportunities, education and investment
opportunities. As per department of planning, land and Housing, about 65% of the
residents of Mombasa are housed in informal settlements. The rising urbanization in
the county results in increase in the quantities of solid waste produced. This has
resulted in increase in demand for solid waste management services. Consequently,
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the county has to strategically plan for the development of sustainable solid waste
management.
1.6. Solid waste management conceptual framework
Solid waste emanates as a result of human activities. The term “waste” in common
terms implies something that has no value and that should be discarded. Management
of solid waste is a public issue that has health, environment, economic and social
effects at household, local, national and international level. The level of waste
generation is directly related to population size, human behavior such as production
(including production processes) and consumption patterns and management,
recovery or utilization of waste products at the point of production or intermediate
level. Waste generated at one point may be raw materials for another production
process.
1.6.1. Waste streams and sources
Solid waste management is based on identifiable waste streams from the various
identifiable sources. Waste is ordinarily classified according to the waste streams for
purposes of effective management. A waste source may produce different waste
streams e.g. a household may produce food and kitchen waste, agricultural waste,
papers and e-waste. There are different methods of collecting, recovering, processing,
treating and disposing the various waste streams. The common waste streams are
outlined in table 1–
Table 1: Waste Streams
Waste Streams
▪ Food, kitchen and garden waste ▪ Ferrous metals (iron and steel)
▪ Non-ferrous metals (aluminum,
copper, lead)
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▪ Automotive waste (oil, tyres,
end of life vehicles (or vehicle
parts)
▪ Paper and cardboard
▪ Agricultural waste
▪ Textiles
▪ Mining waste
▪ Electrical and electronic waste
(e-waste)
▪ Construction and demolition
waste
▪ Special health care waste
▪ Sewage sludge
▪ Batteries
▪ Expired chemicals and
pharmaceuticals
The most common waste sources are outlines in table 2 below–
Table 2: Waste Sources
Waste Sources
▪ Households
▪ Offices
▪ Cafes and restaurants, hotels, food
stalls
▪ Schools, universities, laboratories
▪ Retail operations (e.g. shops,
supermarkets, warehouses)
▪ Markets
▪ Public facilities (sports grounds,
street sweeping and cleaning)
▪ Hospitals and other health care
facilities
▪ Mines and mineral processing
facilities
▪ Agriculture and food processing
facilities
▪ Fishing and fish processing
facilities
▪ Forestry operations
▪ Building sites
▪ Manufacturing facilities
▪ Water treatment and sewage
treatment facilities
▪ Land transport facilities (e.g. truck
depots, bus and train stations and
terminals)
▪ Car yards and car repair shops
▪ Ships, boats and aircraft (airports,
ports, marinas)
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Whereas there are different waste streams, waste is normally divided into hazardous
and non-hazardous waste. The manner of managing the two types of waste is very
different due the potential health risks and hazardous. Waste may in addition be
classified broadly as municipal solid waste or industrial waste and post-consumer
waste.
One of the key concepts in solid waste management is municipal solid waste.
Municipal solid waste is regarded as waste generated by households and waste of
similar nature generated by commercial and industrial premises, institutions such as
schools, hospitals and other facilities inhabited by people, construction and demolition
of buildings, and from public spaces such as streets, markets, slaughter houses, public
toilets, bus stops, parks and gardens.
1.6.2. Functional elements of a solid waste management system
Functional elements of a solid waste management system describe the value chain in
the core functions of a solid waste management system. Regulatory and management
system for solid waste management is mainly based on the functional elements. Table
3 below describes the functional elements of a solid waste management system–
Table 3: Functional Elements of a Solid Waste Management System (or waste
elements system)
Functional element Description
Waste generation Encompasses activities in which materials are identified as
no longer being of value and are either thrown away or
gathered together for disposal
Waste handling and
separation, storage
Involves activities associated with managing wastes until
they are placed in storage containers for collection.
Handling also entails the movement of loaded containers to
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and processing at
source
the point of collection. Separation of waste components at
source facilitates effective handling and storage of waste,
particularly for recycling and reuse purposes.
Collection Includes gathering of solid wastes and recyclable materials
and the transport of these materials, after collection, to the
location where the collection vehicle is emptied, such as
materials-processing facility, a transfer station, or a landfill
Transfer and
transport
Involves two steps (a) transfer of wastes from the smaller
collection vehicle to the larger transport equipment (b)
subsequent transport of wastes, usually over long distances
to a processing or disposal site. Transfer normally takes
place at a transfer station
Separation,
processing and
transformation of
solid waste
Entails separation of waste and recovery or processing of
waste materials, which had been separated at source. This
takes place at materials recovery facilities, transfer stations,
combustion facilities and disposal sites. Transformation
processes are used to reduce the volume and weight
requiring disposal and to recover conversion products and
energy. Combustion (to produce energy) and composting
are some of the most common transformation processes.
Disposal Disposal by landfill or land spreading is the ultimate
destination of solid waste whether its waste collected and
transported from source or from transformation facilities
(e.g. residues of composting or combustion). The best
practice is to dispose waste through sanitary landfill which
prevents public health hazards and nuisances
Source: Kieth and Tchobanoglous (2002), Handbook of Solid Waste
Management, McGraw-Hill, USA.
1.6.3. Integrated Solid Waste Management (ISWM)
The modern approach to effective and sustainable waste management is what has
come to be commonly referred to as the Integrated Solid Waste Management (ISWM).
This integrated approach has been advanced by United Nations Environment
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Programme (UNEP) and the UN-Habitat. The approach may be viewed from different
analytical frameworks. The UNEP and UN-Habitat have developed 2 complementary
analytical frameworks on ISWM. The analytical frameworks are the “two-triangles”
ISWM analytical framework advanced by UN-Habitat and the Waste Management
Hierarchy advanced by UNEP.
a) Two-triangles” ISWM analytical framework
The “Two triangles” analytical framework categorizes solid waste management
system into two pillars (triangles) i.e. the physical elements and governance
features. Table 4 below outlines the “Two-triangles” analytical framework.
Figure 1: "Two triangles" Analytical Framework
The first triangle comprises the three key physical elements of the ISWM system,
which are–
i) public health which entails maintaining healthy conditions in cities and
urban areas through a good waste collection service
ii) environment which entails protection of environment throughout the
waste chain, especially during treatment and disposal
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iii) resource management which may be described as ‘closing the loop’
since it entails returning both materials and nutrients to beneficial use,
through preventing waste and striving for high rates of organics
recovery, reuse and recycling.
The second triangle comprises of the governance features of the ISWM system,
which supports sustenance of the first triangle. The governance features entail a
system that–
i) is inclusive, providing transparent spaces for stakeholders to
contribute as users, providers and enablers
ii) is financially sustainable, which implies cost-effective and affordable
waste management system
iii) rest on a base of sound institutions and pro-active policies
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b) Waste Management Hierarchy ISWM
analytical framework
The waste management hierarchy indicates
an order of preference for action to reduce
and manage waste. The waste hierarchy is
presented as an inverted pyramid with the
most preferred action being prevention of
waste generation followed by reduction of
waste generation (e.g. through re-use),
followed by recycling (including composting
or anaerobic digestion), followed by material
recovery and waste-energy processes such
as combustion and pyrolysis and the final
action being disposal either in landfills or
through incineration without energy
recovery for waste that was not prevented,
diverted or recovered. o
The ISWM system forms a good foundation for solid waste management policy
framework and strategy development.
1.7. Policy and legislative framework on solid waste management
The policy and legislative framework for county solid waste management consist of
the constitution of Kenya and various statutes, sessional papers and sectoral plans
among others. This part highlights the laws and policies that relate to solid waste
management at county level.
Figure 2: Waste Management Hierarchy
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1.7.1. Constitution of Kenya
Article 10 entrenches sustainable development as one of the national values. Solid
waste management is one of the key drivers of sustainable development.
Article 43 guarantees the right to highest attainable standard of health, reasonable
standards of sanitation and clean and safe water. Solid waste is a major contributor to
prevalence of risk factors to communicable and non-communicable diseases and
conditions. Consequently, effective, efficient and sustainable management of solid
waste especially in urban areas has will drastically reduce incidences of communicable
or non-communicable diseases and conditions and related health care burden as well
as reduce associated public nuisance of unmanaged solid waste.
Article 69 of the Constitution provides for encouragement of public participation in
the management, protection and conservation of the environment; establishment of
systems of environmental impact assessment, environmental audit and monitoring of
the environment; elimination of processes and activities that are likely to endanger the
environment.
Section 2 (g) of the Fourth Schedule assigns to the county government the function of
refuse removal, refuse dumps and solid waste disposal.
1.7.2. The Environmental Management and Co-ordination Act (Cap 387)
The Environmental Management and Co-ordination Act, Cap 387 including subsidiary
legislation is the main national statute that governs environment protection,
conservation and management, which includes solid waste management. In regard to
solid waste management, the Act provides among others for–
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a) development of county environment action plans which provide for
environment management systems
b) the standards of waste including issues such as handling, storage,
transportation, segregation and destruction of any waste
c) prohibition of handling dangerous waste
d) classification and management of hazardous and toxic waste
The Environmental Management and Coordination (Waste Management) Regulations,
2006, and Environmental (Prevention of Pollution in Coastal Zone and Other Segments
of the Environment) Regulations, 2003 seek to implement the statutory requirements
on solid waste management.
1.7.3. National Environment Policy, 2013
The policy provides for governance framework for environment management. In
regard to solid waste management, the policy recognizes inefficient production
processes, low durability of goods and unsustainable consumption and production
patterns lead to excessive waste generation. In order to address these challenges, the
policy provides for development of an integrated national waste management
strategy, promotion of use of economic incentives to manage waste and promotion
of establishment of facilities and incentives for cleaner production waste recovery,
recycling and re-use.
1.7.4. Integrated Coastal Zone Management (ICZM) Policy
In regard to solid waste management, the Integrated Coastal Zone Management
(ICZM) Policy, Sessional Paper No. 14 of 2014 provides for pollution control and waste
management practices. The policy seeks to improve the management of municipal
solid waste through empowerment of county governments to effectively manage
urban waste, promotion of public private partnership in waste management,
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strengthening of county governments to enforce laws for regulating municipal waste
and enforcement of Environmental Management and Coordination (Waste
Management) Regulations, 2006.
1.7.5. Kenya Vision 2030
The Kenya Vision 2030 lays the foundation for social and economic development in
Kenya. In regard to solid waste management, Kenya Vision 2030 provides for
development of solid waste management systems in at least 5 municipalities, and in
the proposed economic zones, regulation on use of plastic bags, development and
enforcement of mechanisms targeting pollution and solid waste management
regulations, strengthening of institutional capacities of multi-sectoral planning and
strengthening linkages between institutions of planning and environment
management, development of national waste management system and use of market-
based environment instruments for providing incentives or disincentives in solid waste
management and establishment of initiative to clean the Nairobi River as well as rivers
and water fronts in Kisumu, Mombasa and Nakuru.
1.7.6. The National Solid Waste Management Strategy, 2015
The National Solid Waste Management Strategy, 2015 is anchored on the Kenya
Vision 2030. It lays the foundation for strategic management of solid waste in Kenya.
The strategy provides for among others for–
a) definitions and classification of solid waste
b) the national context and status on solid waste management
c) the common waste management practices in Kenya
d) the challenges facing solid waste management in Kenya
e) integrated solid waste management
f) the waste management cycle and ideal approaches applicable to Kenya
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The national strategy sets the foundation for development and adoption of county
solid waste management policies and strategies.
1.7.7. Global Policy Related to Solid Waste Management
The global policy related to solid waste management is mainly contained in the United
Nations conventions and policies that provide for framework for solid waste
management and which have implications on county solid waste management policies
and laws. They include–
a) United Nations Convention on Climate Change. Article 4 on commitments
provides for promotion and cooperation in development, application and
diffusion including transfer of technologies, practices and processes that
control, reduce or prevent anthropogenic emissions of greenhouse gases in
sector such as waste management sectors
b) The Kyoto Protocol to the United Nations Convention on Climate Change.
Article 1 (viii) provides for States’ obligation to limitation or and reduction of
methane emissions through recovery and use of waste management. The
Protocol obligates States to formulate and implement solid waste management
programmes that are intended to mitigate climate change
c) The Basel convention on the Control of Transboundary Movement of Hazardous
Wastes and their Disposals. However, the control of international movement of
hazardous waste is a mandate of national government
d) The Rio Declaration on Environment and Development (Agenda 21-Global
Programme of Action on Sustainable Development). Chapter 7 provides for
sustainable human settlements which includes provision of basic services such
as waste collection, Chapter 20 provides for managing hazardous wastes and
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Chapter 22 provides for managing solid wastes and sewage which encourages
waste minimization and increase reuse and recycling
In addition, the United Nations’ Sustainable Development Goals (SDGs) establishes
a global framework and commitment for sustainable development. Specifically, key
SDGs that have direct implications on solid waste management and which shall be
integrated in the county model policy shall include –
a) Goal 3: Ensure healthy lives and promote wellbeing for all at all ages
b) Goal 6: Ensure availability and sustainable management of water and sanitation
for all
c) Goal 9: Build resilient infrastructure, promote inclusive and sustainable
industrialization and foster innovation
d) Goal 11: Make cites and human settlements inclusive, safe, resilient and
sustainable
e) Goal 12: Ensure sustainable consumption and production patterns
1.7.8. Other policies and laws with implications on county solid waste
management policies and laws
There are other national policies and laws that have implications on county solid waste
management (or the process and institutional frameworks for county policies and
laws). These include–
a) County Governments Act, No. 17 of 2012, which provides for the governance
and management system and process in the county including development
planning, decentralization, citizen participation and policy development among
others
b) Public Finance Management Act, Cap 412 C, which provides for financial
planning and management at the national and county levels including linkage
of development planning, budgeting and public expenditure
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c) Urban Areas and Cities Act, Cap 275, which provides for integrated
development planning in urban areas. The Act provides for development of
urban integrated development plans for urban areas and cities which includes
planning for solid waste management
d) Physical Planning Act, No. 6 of 1996, which provides for physical planning and
development control in Kenya, which is mainly a county function. Integrated
Solid Waste Management System requires functioning and effective spatial
planning, zoning and land laws.
e) Legal Notice No. 137 on Transfer of Functions to County Governments,
2013, which provides for unbundling of county functions stipulated under Part
2 of the Fourth Schedule to the Constitution
f) Mombasa County Vision 2035, which envisages a scenario of a developed
integrated waste management facility, enacted waste segregation at source, a
recycling rate of 50%, and restricted illegal dumping and open burning of waste.
1.8. County context on solid waste management
Solid waste management remains one of the major challenges to the county. The most
common forms of solid waste generated in the county is the organic waste which is
mainly generated at household level, hotels and restaurants and agricultural
produce/food markets such a Kongowea and Marikiti. The county generates an
estimated 2,200 tons of waste per day, 68 percent of which is organic. Approximately
18 percent of the waste is composed of plastics, cardboard, paper and metals. Other
Inorganic waste such as e-waste, construction waste and junk constitute an estimate
of 14 percent of the waste stream. Public and private health facilities generate
biomedical waste which is estimated to be 2-3 tons per day. In addition, industrial
solid waste is also generated in substantial quantities from the manufacturing and
processing industries located in the county.
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Solid waste generated in the rural parts of the county is disposed within the
households mainly through disposal in pits or open burning. Most of biodegradable
waste such as agricultural or human food waste is reused as food for farm animals or
composted to produce manure for agricultural production. Non-biodegradable waste
such as containers are reused for other house hold uses such as storage. The entire
county is urban and hosts the second largest city of Kenya, one of the largest wholesale
and retail fresh produce market (Kongowea) and the Port of which generates
substantial quantities of municipal and industrial waste.
Most of the solid waste generated is disposed in undesignated open grounds areas
such as VOK, Kwa Karama, Kadongo, Junda, Saratoga, and Mcheleni. Most solid waste
is disposed in the same form as it was generated without being recycled or reused or
recovered. Open disposal of solid waste has continuously posed negative
environmental health impact through leachate and direct flow into water sources. In
addition, the disposal methods in the county have been a contributor to public
nuisance. There is limited investment in solid waste recycling and recovery systems in
the county.
Collection and transportation of solid waste generated at household, commercial and
industrial level in the county is undertaken by both the private sector and county
government. The county government provides solid waste collection and
transportation services from the public areas. Currently the county does not have
waste collection bins and waste collection containers installed. There are two
designated dumpsites namely Mwakirunge in Kisauni and Shonda in Likoni. The
dumpsites are poorly management and do not meet the prescribed environment
health standards. The county government has made budgetary allocation for solid
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waste collection but the allocations have been low below the desired financial
investment for solid waste management.
1.9. Policy rationale
The county government seeks to establish an effective, efficient and sustainable solid
waste management in order to facilitate realization of its development goals. This solid
waste management policy will be instrumental in advancing county social and
economic development. This policy is therefore developed in order to –
a) provide for a policy mechanism for implementing county functions related to
solid waste management as assigned under the Constitution of Kenya
b) provide for adoption of Integrated Solid Waste Management system and
processes in the county
c) facilitate adoption and compliance with relevant international and national
standards for solid waste management in the county
d) facilitate the realization of Kenya Vision 2030 as it relates to solid waste
management
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Chapter 2
Policy Framework
2.1. Introduction
In order to comprehensively address solid waste management, a framework setting
the policy direction to be pursued by the county government and other stakeholders
is essential. This chapter describes the policy framework consisting of the core policy
measures to be pursued. In addition, the chapter lay out the policy vision, mission and
guising principles.
2.2. Policy Goal
To minimize waste generation and promote re-use, recovery and recycling of waste
materials and sustainable waste disposal.
2.3. Policy mission
To promote a sustainable, effective and integrated solid waste management system
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2.4. Policy objectives
The policy shall pursue the following objectives–
a) Delivering a waste management system that is effective, equitable, responsive
and sustainable under the prevailing conditions
b) Provision of public services (e.g. waste collection, transport, treatment and
disposal) suited to the needs of and affordable for local users
c) Protection of public and occupational health and the environment
d) Contributing to sustainable use of natural resources, e.g. through materials
recovery and recycling, soil improvement, energy generation
e) Contributing to economic development, including through fostering resource
efficient production and developing waste recovery and recycling operations
f) Providing employment and enterprise development opportunities
g) Deploying technologies appropriate to prevailing conditions
h) Building the capacities of those forming part of the waste management system
i) Encouraging and inviting research and development into technologies and
governance approaches for sustainable resource and waste management
2.5. Policy principles
The following shall be the guiding principles for the solid waste management policy–
a) Proximity principle which implies that waste should be managed close
to where it is generated
b) Self-sufficiency principle which implies that where possible and
practical, each urban area or zone should manage its own waste
c) Polluter pays principle whereby those who generate waste should bear
the cost of managing the waste to minimize risk to human health and the
environment
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d) Precautionary principle whereby appropriate policy measures may be
taken in order to safeguard human health and environment. Even if
scientific evidence is not conclusive it would be essential to adopt
precautionary approach
e) Sustainable development which is development that meets the needs of
the present without compromising the ability of future generations to
meet their own needs
f) Inter-generational equity which implies that waste should not be
managed in a way that bequeaths legacy problems to subsequent
generations
g) Intra-generational equity which implies that waste management
resources and services should be equitably accessible to all citizens or
residents in the same generation. All interested parties should have
equitable possibilities to provide services and equitable burden-sharing
in terms of waste management facilities (environmental justice)
h) Extended producer responsibility
2.6. Policy measures
The county shall adopt an integrated approach to solid waste management as
described in chapter 1 as well as the principles of solid waste management that form
the foundation of this policy. The policy measures shall be based on a combination
and integration of the functional elements in solid waste management, solid waste
management hierarchy and the two-triangle framework both of which form the
integrated solid waste management system. This part shall prescribe the policy
measures that the government shall pursue. The policy measures shall be in the form
of policy statements, which prescribe the appropriate policy instruments in solid waste
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management. In addition, the policy measures are based on the constitutional
functional assignment of county governments as well as constitutional provisions.
2.6.1. Solid waste generation
Context
Generation of waste depends on product demands, production processes,
consumption demands, behaviour and patterns among others. Waste generation has
implications on resources used for production of products, which result in varying
levels of waste generation. Waste generation exists throughout the product lifecycle.
Most waste generated in the county consists of municipal waste, which emanates from
consumption of processed products at household, commercial and industrial levels.
Some processes or activities such as industrial ones contribute to high waste
generation. Whereas, the county government has no legal mandate to regulate
production processes, which would reduce amount of waste generated, it has a duty
to promote appropriate production processes, change in consumption behavior and
patterns. The aim is to prevent generation of waste where possible through
appropriate means.
Policy measures
In order to promote and facilitate prevention of solid waste generation through
sustainable waste generation processes, the county department responsible for solid
waste management shall –
a) Promote prevention of waste generation among product users through
awareness creation on behavior change, consumer choices and
consumption practices to reduce excessive consumption or use and waste
of diverse products
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b) Collaborate and coordinate with national government and other
stakeholders in adopting measures for promoting resource conservation
and management to prevent or avoid excessive utilization of resources
which lead to excess generation of solid waste
c) Establish partnership and collaboration with manufacturers wholesalers
and retailers in adopting appropriate measures and strategies for
preventing waste generation
d) Engage with national government to adopt appropriate measures for
preventing waste in the product value chain and life-cycle such as product
and packaging design, manufacture, distribution and product use
e) Promote in collaboration with national government and relevant
stakeholders the adoption of modern technology in product manufacture
so as to reduce excessive generation of solid waste
f) In collaboration with other relevant public and private stakeholders,
promote reuse of products or materials e.g. containers or packaging
materials in order to reduce generation of waste
g) The department responsible for solid waste management shall establish
an inventory for all the waste streams which shall be disaggregated
according to the respective sources
2.6.2. Solid waste handling and separation, storage and processing at source
Context
Waste handling and storage before collection and transport determines the
effectiveness of the rest of solid waste management system. Waste handling and
storage at point of generation requires adoption of public and environmental health
standards. In order to facilitate reduction, recycling and recovery of solid waste, waste
separation or segregation at source is essential. Currently, the county experiences poor
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solid waste handling, storage and separation at the sources. This is mostly common in
the urban areas due to high population density and low awareness of sustainable
waste handling, separation and storage processes. Other challenges faced by the
county include storage of organic and inorganic waste in the same containers, open
storage of waste or disposal of waste in outdoor open places directly from the
source/point of generation or storage of waste in open spaces within premises which
is a threat to public and environment health.
Policy measures
In order to ensure effective and appropriate solid waste handling, storage and
separation, the following policy measures shall be adopted–
a) The department responsible for solid waste management shall in collaboration
with relevant stakeholders carryout awareness creation and capacity
development to waste generators on handling, storage and processing of solid
waste at source
b) Solid waste shall be segregated or separated at source or point of generation
into dry (recyclables) and wet waste (food waste and organic matter), which shall
be further segregated and stored under each of the two categories into different
forms of waste in accordance with the standards and stored in appropriate
receptacles in accordance with the prescribed guidelines and standards
c) The department responsible for solid waste management shall in collaboration
and coordination with national government, generators of solid waste and
relevant stakeholders develop and adopt strategies, measures and standards to
promote and facilitate segregation of solid waste at source or point of
generation
d) In accordance with the building code and development control laws and
policies, owners or occupiers or residential, commercial or industrial premises
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shall install appropriate containers and spaces for waste handling and storage
within the premises for purposes of ease of collection and which meet public
and environment health standards for purposes of ease of collection
e) Solid waste generated from any premises or source shall be separated and
stored within the premises before being collected and transported for recovery
and final disposal.
f) The department responsible for solid waste management shall ensure adoption
of appropriate measures and processes for waste segregation at the point of
generation
g) Disposal of waste in open grounds or in non designated collection points by a
waste generator shall be prohibited
2.6.3. Solid waste collection
Context
Waste collection is the collection of waste from the point of generation or production
(residential, industrial, commercial or institutional) to the point of treatment, recovery
or disposal. Waste collection methods are determined by the location of waste
generation (i.e. public places, residential, commercial, industrial or commercial).
Uncollected waste leads to public and environmental health hazards such as diseases
and health conditions, public nuisance, and blockage of drainage system, seepage of
waste into water and soil among others.
The waste collection process is required to be efficient and carried out through
appropriate means. Waste collection services in the county especially for urban areas
are provided by the private sector. However, waste collection services for public areas
are carried out through municipal services provided by the county government. Solid
waste in the county is characterized with disposal of waste in open areas before
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collection (open dumping) and inefficient and inadequate waste collection services in
both public and private places. Some localities in urban areas where there lacks
organized waste collection services experience environmental and health challenges
associated with open disposal of waste. Other challenges include inadequate waste
collection points and containers or bins as appropriate and low funding of waste
collection services.
Policy measures
In order to address challenges associated with waste collection, the following policy
measures shall be adopted–
a) The department responsible for solid waste management shall in collaboration
with other relevant public and private actors establish an efficient, responsive
and coordinated countywide solid waste collection services system which shall
among others include stakeholder consultation, mobilization and participation,
compliance with public and environment health standards and collection of
solid waste from public and private places and maintenance of clean public
streets and places
b) The department responsible for solid waste management shall in consultation
with National Environment Management Authority and other relevant
stakeholders designate, gazette and develop waste collection points in each
ward according to the solid waste management spatial map
c) The department responsible for solid waste management shall in consultation
with respective local residents representing residential, commercial, institutional
and industrial areas, place or install appropriate waste collection containers,
receptacles and bins in strategic public places for purpose of collection of solid
waste
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d) All institutions such as schools or health facilities shall place or install
appropriate waste collection containers, receptacles and bins in strategic places
within the facilities for purpose of collection of solid waste which shall conform
to the prescribed standards
e) Solid waste collection services provided by public or private actors shall comply
with the prescribed standards and operating procedures
f) Solid waste collection services from households, commercial, institutional or
industrial premises shall be carried out by private sector service providers in
accordance with prescribed standards and guidelines, unless in areas where
there are no established private sector service providers for solid waste
collection
g) The department responsible for solid waste management shall establish a
system for collecting solid waste in informal settlements which do not have
access to private sector provision of waste collection services
h) A solid waste generator shall deposit any waste generated to the appropriate
waste collection point located within the geographical locality of the waste
generator and in the appropriate waste segregation or separation collection
receptacles
i) There shall be established a system of registration of solid waste collectors
including waste pickers for the purposes on coordinating solid waste collection,
facilitating stakeholder capacity development and ensuring compliance with
prescribed guidelines and standards
j) The department responsible for solid waste management shall in consultation
and collaboration with National Environment Management Authority and other
relevant stakeholder designate, gazette and develop waste transfer stations
according to the solid waste management spatial map and prescribed
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standards. The department may establish or facilitate establishment of
specialized transfer stations for specific types of solid waste
k) The department responsible for solid waste management shall promote and
facilitate establishment of intermediary community based waste sorting centres
which shall be integrated with the county solid waste management system
l) The department responsible for solid waste management shall in collaboration
with the department responsible for public health maintain waste collection
points in conformity with prescribed public and environment health standards
m) The department responsible for solid waste management shall in collaboration
with the department (s) responsible for women, youth, persons with disabilities
or other vulnerable groups and county treasury develop initiatives for the
groups to participate in co-management of waste collection points and waste
collection services for purposes of promoting economic empowerment of the
groups
n) The county government shall initiate and develop public private partnership
programmes for sustainable solid waste collection services
o) In accordance with Access to Government Procurement Opportunities Policy,
the county government shall provide preferential treatment to youth, women
and persons with disabilities in accessing thirty percent of county government
contracts for solid waste collection services
p) In procuring services for provision of solid waste collection services, the county
government shall consider a supplier’s integration of service delivery with
youth, women and persons with disabilities empowerment
2.6.4. Solid waste transfer and transportation
Context
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Waste transfer and transportation is directly related to waste collection. Waste is
generally collected for the purposes of transfer or transportation to the next point of
waste management system. Solid waste in the county is normally transported from
collection points directly to the final disposal sites or landfills. This has meant that
there has been limited intermediate waste processing such as recovery, recycling and
composting. The common mode of waste transportation is through trucks or hard
carts for transfer of waste from households or premises to waste collection points.
Most of the trucks are open which leads to waste dropping off during transportation.
Policy measures
In order to address challenges associated with solid waste transfer, the following policy
measures shall be adopted–
a) Save for biomedical and hazardous waste, all solid waste shall be transferred or
transported to solid waste transfer stations or to material recovery facilities for
sorting and separation or processing after which waste shall be transported to
the appropriate landfill for final disposal as appropriate. However, Construction
and demolition waste may be transported to specific areas approved by the
county department responsible for solid waste management in accordance with
the standards
b) All solid waste transporters shall be registered and licensed by the county
government as prescribed
c) Solid waste transportation services including plant and equipment shall conform
to the prescribed standards
d) The department responsible for solid waste management shall in collaboration
with other public and private stakeholders establish market linkages between
waste transporters and women, youth, persons with disabilities or other
vulnerable groups involved in co-management of waste collection and for
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purposes of economic empowerment of the groups and effective service
delivery
e) In accordance with Access to Government Procurement Policy, the county
government shall provide preferential treatment to youth, women and persons
with disabilities in accessing thirty percent of county government contracts for
transfer and transportation of solid waste
f) In granting contracts for provision of solid waste transfer and transportation
services, the county government shall consider a supplier’s integration of
service delivery with youth, women and persons with disabilities empowerment
g) Solid waste transfer and transportation services from households, commercial,
institutional or industrial premises shall be carried out by private sector service
providers in accordance with prescribed standards and guidelines
h) The department responsible for solid waste management shall establish a
system for transfer and transportation solid waste in informal settlements which
do not have access to private sector provision of waste collection services
i) The department responsible for solid waste in collaboration with the
departments responsible for physical planning and transport and National
Environment Management Authority and in consultation with solid waste
transportation service providers, designate specific routes and time schedule to
be followed in transfer and transportation of solid waste
2.6.5. Solid waste separation, processing and transformation
Context
Sustainable management of solid waste leads to processing and transformation of
waste into economic value. As a result very minimal waste is actually disposed in the
final landfill. Waste separation entails separating waste according to potential use such
as recycling or recovery. Waste is separated into for example organics and recyclables
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(which are further separated into for example e-waste, plastics, metals, papers and
junks such as wood among others). Waste processing and transformation entails
material recovery processes such as composting, combustion and recycling of
materials to make useful products.
The county lacks a structured system of separation, processing and transformation of
solid waste into useful materials that may be utilized for other purposes. Most of the
waste generated, which comes from urban areas, is disposed through open dumping
in dumpsites. The county lacks a coordinated system for separation of waste and
recycling. However, there are few to initiatives for collection of recyclable materials
especially metal and plastics.
Policy measures
In order to address the problem of poor waste separation, processing and
transformation, the following policy measures shall be adopted–
a) The department responsible for solid waste management shall in collaboration
with other relevant stakeholders mobilize local communities and
neighbourhoods to promote and facilitate collection and separation of
recyclable solid waste
b) The county government shall set aside such land as may be appropriate, in a
single or multiple lots for purposes of materials recovery and processing
c) The department responsible for solid waste management shall in collaboration
with national government and other relevant stakeholders establish a system
for facilitating and promoting solid waste separation, processing and
transformation (material recovery and recycling which shall among others
include facilitation of enterprises involved in waste processing and
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transformation to access solid waste placed in transfer stations, technology
acquisition, technical assistance and capacity development.
d) Final waste separation shall be undertaken at the transfer stations. Other waste
processing and transformation processes may take place at a transfer station
e) The county government shall adopt appropriate economic incentives to
promote private sector participation in solid waste separation, processing and
transformation such as reduced fees, charges and levies for enterprises involved
in waste processing and transformation
f) The county government shall in collaboration and coordination with national
government and relevant stakeholders promote investment in solid waste
processing and transformation and establishment of wholesale and retail outlets
for sale of recycled products or recovered materials
g) The county government shall in accordance with the Public Procurement and
Disposal Act undertake purchase of appropriate products produced from
processed and transformed solid waste in order to promote market
development in solid waste management
h) The department responsible for solid waste management shall in collaboration
with national government entities and relevant stakeholders develop and adopt
guidelines, standards and operating procedures for separation, processing and
transformation applicable to each solid waste stream in accordance with the
established standards and best practices. All waste generators shall comply with
the established guidelines
i) Where there is no capacity to recycle any waste stream or type of waste, the
county government shall promote and facilitate market linkages between local
and external investors for purposes of supply chain management
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j) The department responsible for solid waste management shall, in collaboration
with relevant stakeholders establish technology and innovation hubs for
development of solid waste management technology
2.6.6. Solid waste disposal
Context
Solid waste disposal is the final stage in the process of discarding solid waste. Any
material that cannot be recycled or recovered is disposed mainly in the landfills or
through incineration especially for biomedical waste. A sustainable solid waste
management system is where few materials of solid waste are finally disposed.
However, most of the solid waste generated in the county is disposed through
dumping in the landfills which or open grounds in public places. This, as noted earlier
poses a threat to public and environmental health. The landfills in the county are
poorly sited especially in relation to residential areas and do not meet the appropriate
standards. The county has no sanitary landfill hence the waste disposed in the open
grounds has direct negative impact on the environment and water resources. The
ultimate goal is to have zero waste to landfills.
Policy measures
In order to address challenges associated to waste disposal, the following policy
measures shall be adopted–
a) The department responsible for solid waste management shall in collaboration
with the department responsible for physical planning, National Environment
Management Authority, residents in the potential areas for siting landfills and
other relevant stakeholders designate, gazette and develop controlled sanitary
landfills in accordance with the solid waste spatial plan and the county spatial
plan
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b) All the open public places where solid waste is dumped shall be cleared and
placed under the respective intended public use
c) The department responsible for solid waste management shall ensure and
facilitate solid waste treatment before final disposal
d) The department responsible for solid waste management shall develop a system
and standard operating procedures for management of sanitary landfills
e) For purposes of disposing biomedical waste, the department responsible for
health in collaboration with the department responsible for solid waste
management and relevant county and national government agencies shall
adopt appropriate modern technology and processes for disposal of biomedical
waste and shall ensure that private health facilities dispose biomedical waste in
accordance with national standards
f) The county government may provide services to private health facilities for
purposes of managing and disposing biomedical waste
g) The county government shall implement and where applicable, enforce national
law and policy that prohibits disposal of solid waste into rivers and water
resources
h) Where the national government has established a landfill, the county
government shall utilize the landfill for purposes of disposing the solid waste
designated for disposal in the landfill.
i) The county government may collaborate with other counties in establishing
sanitary landfills
2.6.7. Solid waste management financing
Context
Provision of sustainable solid waste management services requires substantial
funding. It requires coordinated financial investment from public, private and
voluntary sectors. Some of the solid waste management processes such as processing,
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transformation, treatment and disposal are capital intensive. Consequently, for the
county to achieve intended objectives for solid waste management, there is need for
adoption of diverse funding models and instruments. In addition, cost sharing through
user fees and charges are effective mechanisms for sustainable solid waste
management. Currently, there is low funding for solid waste management in the
county. There is low private sector investment in solid waste management. In addition,
public funding in the sector is below the levels required for financing the municipal
solid waste management services.
Policy measures
In order to address the policy challenges in financing solid waste management, the
following policy measures shall be adopted–
a) There shall be levied appropriate user fees and charges for solid waste
management. The fees and charges shall be levied in accordance with the tariff
policy stipulated under the County Governments Act.
b) The county government shall provide incentives for promoting solid waste
recycling and waste material recovery which may include reduced fees, levies
and charges for enterprises engaged in the two processes
c) The county government shall in consultation with national government adopt
public-private partnership model of financing various processes in solid waste
management. Such partnership shall be based on efficiency, cost effectiveness
and sustainability of the model in provision of solid waste management services
d) The county government shall facilitate its officers to acquire technical skills and
develop competencies for public private partnerships management especially in
initiation, development, negotiation, award and management of public private
partnerships in solid waste management
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e) Subject to Public Finance Management Act, at least fifty percent of the user fees
and charges collected from solid waste management services shall be utilized
for the purpose of defraying operational costs associated with provision of solid
waste management services
f) The county government shall subsidize solid waste management services to low
income areas and informal settlements in accordance with the County
Governments Act
g) The county government shall progressively increase budgetary allocations for
implementation of this policy and laws related to solid waste management
h) The county government shall mobilize resources in the form of grants and
donations from development partners for financing solid waste management
processes
2.6.8. Solid waste management and informal sector
Context
Informal sector is a key player in solid waste management. Most informal actors in
solid waste management include waste pickers, community based organizations, self
help groups, small and micro enterprises and individual actors such as waste pickers
and sorters among others. They play a significant role in the whole solid waste
management value chain. However, their work exposes them to numerous health
conditions and diseases especially respiratory ones. In addition, whereas they generate
some income from their activities, the incomes are very low. Due to limited access to
capital, most of their work is undertaken manually. The county government recognizes
the valuable role the informal sector plays in solid waste management and the
strategic need to facilitate their role so as to promote employment creation.
Policy measures
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In order to promote participation of informal sector in solid waste management, the
following policy measures shall be adopted in addition to measures described above
–
a) The county government shall facilitate the informal groups or individuals
involved in solid waste management value chain to access affordable capital for
solid waste management enterprise development
b) The department responsible for solid waste management shall initiate capacity
development programs for informal sector engaged in solid waste management
as well as facilitate and support the sector to adopt health requirements
c) The department responsible for solid waste management shall in collaboration
with other relevant stakeholders facilitate and promote market linkage between
the informal sector and investors in solid waste management
d) The county government shall where appropriate develop service agency
agreements with the informal sector in the provision of solid waste management
services
2.6.9. Solid waste management and land use planning
Context
The quantities of various waste streams generated depends on the population density
of waste generators in a given locality. Different zones produce different types of waste
and in various quantities. The location of waste collection points, application of waste
collection, transfer and transportation services are based on spatial planning in a given
locality. Further, the siting of waste disposal areas is based on physical characteristics
of the locality such as soil structure, terrain, population density and impact of the
locality to other physical resources such as water resources. Consequently, land use
planning has a significant role to play in ensuring sustainable solid waste management.
The county government has no solid waste management spatial plan to, which guides
various interventions in solid waste management services.
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Policy measures
In order to ensure that there is sustainable solid waste management, it will be essential
to have appropriate and effective zoning for solid waste management. In this regard–
1) The department responsible for spatial planning in collaboration with the
department responsible for solid waste management and other relevant
stakeholders, shall–
a) carry out solid waste management survey using Geographical
Information System (GIS), which shall consider –
(i) land use: topography, drainage and soil
(ii) infrastructure (transport, communications, health,
education, water and energy)
(iii) Economic base of the area (urban informal economic
base)
(iv) human settlements (density and land use)
(v) institutions such as schools and other government
institutions, industries and commercial enterprises and
non –state organizations
b) develop the county solid waste management spatial plan which shall
include details for each sub-county and ward as the core
decentralized spatial units
c) designate the location of the collection points, transfer stations,
composting sites, waste recovery facility and landfills in accordance
with the solid waste management spatial plan
d) regulate solid waste management in accordance with the solid waste
management spatial plan
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2) The department responsible for solid waste management shall in
collaboration with departments responsible for spatial planning and
county administration map the county into solid waste management
zones for purposes of ensuring efficiency in service delivery and
coordination of stakeholder participation in solid waste management
3) The county government shall ensure that the county spatial plan
designates zoning and setting up of industries that are integrated in terms
of use of waste generated in some industries which is utilized as raw
materials in other industries
2.6.10. Planning, Partnerships, Participation and Inter-governmental
Relations
Context
Solid waste management is complex due to multiplicity of social, economic and
environmental determinant factors and stakeholders. There is no single policy measure
or stakeholder that can manage solid waste effectively. There is need for inclusivity of
diverse stakeholders in solid waste management processes. Users and providers of
solid waste management services must partner and collaborate in order to deal with
all aspects of solid waste management. All the stakeholders should be involved in
identifying policy options and implementing programmes related to solid waste
management. The county government has a weak stakeholder management process
in regard to solid waste management. Users and non-state providers of solid waste
management services are usually excluded from active participation in the
management process.
Policy measures
In order to ensure inclusion and participation of users and providers of solid waste
management services, the following policy measures shall be adopted–
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a) The department responsible for solid waste management shall in collaboration
with relevant stakeholders prepare a county solid waste management plan
which shall provide a framework for implementing this policy, national policy
and any law enacted for purposes of implementing this policy.
b) The department responsible for solid waste management shall in collaboration
with relevant stakeholders –
(i) initiate programmes for mobilizing and creating awareness among
residents, local communities and neighbourhoods to participate in
sustainable solid waste management
(ii) establish mechanisms to receive and handle complaints related to
solid waste management service delivery from the respective
localities
(iii) facilitate community or area-based forums for users and providers
of solid waste management services to deliberate on emerging
issues in solid waste management to as to enhance efficiency in
service delivery
(iv) promote and facilitate stakeholder-led initiatives on solid waste
management
c) The department responsible for solid waste management shall consult, inform
and coordinate with relevant stakeholders on any matters related to service
delivery on solid waste management
d) The county government shall liaise, consult, collaborate and coordinate with
the national government and neighbouring counties on matters related to solid
waste management
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2.6.11. Information, Education and Communication
Context
Solid waste management depends on a combination of regulatory, service delivery
and information-based tools. Whereas regulatory tools are instrumental command
and control instruments in behaviour in matters such as generation, handling and
disposal of solid waste, they cannot be fully effective unless they are complemented
by behaviour change by users and providers of solid waste management services.
Sustainable solid waste management depends on value- based approach by
individuals and entities. Strategic communication and messaging on solid waste
management is instrumental in shaping public opinion and support. The county
government lacks effective information, education and communication system and
processes. There is low awareness on sustainable solid waste management in the
county.
Policy measures
In order to increase awareness and change behaviour on solid waste management, the
following policy measures shall be adopted–
a) The department responsible for solid waste management shall in collaboration
with relevant stakeholders develop and implement information, education and
communication system and strategies targeting diverse users and providers of
solid waste management services and shall ensure that such information is
available to all stakeholders and county residents
b) The department responsible for education and department responsible for
solid waste management shall in collaboration with national government
ministry responsible for education and relevant stakeholders develop
information, education and communication materials and initiate
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dissemination, education and awareness creation programmes targeting
children and youth on solid waste management
c) The department responsible for solid waste management shall in collaboration
with the department responsible for information technology develop
technology-based communication strategies on solid waste management
d) The department responsible for solid waste management shall in collaboration
with the department responsible for information technology and relevant
stakeholders establish a solid waste information management system
2.6.12. Research and development
Context
Solid waste generation is dynamic and changes as society develops. The form of waste
streams changes as production processes change and new products and packaging
emerge. Consequently, there is need for continuous innovation in intervention
measures and strategies in solid waste management. In addition, there is need for
evidence-based decision making on solid waste management. There are minimal
research efforts undertaken by the county government in regard to solid waste
management.
Policy measures
In order to address the policy gaps in research and development, the following policy
measures shall be adopted–
a) The department responsible for solid waste management shall facilitate a
capacity development programme for personnel in research and
development
b) The department responsible for solid waste management shall establish a
research unit to coordinate, promote and undertake research and
development related to environment management and governance
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c) The department for solid waste management shall undertake and
collaborate with other relevant research institutions and institutes of higher
learning in carrying out research and development in solid waste
management
d) The department responsible for solid waste management shall in
collaboration with relevant stakeholders disseminate research findings
e) The department responsible for solid waste management shall establish a
research data management system
f) The county executive committee shall ensure that evidence generated
through research informs decisions related to solid management
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Chapter 3
Policy Implementation, Monitoring and Evaluation
3.1. Introduction
This chapter outlines the mechanisms for implementing, monitoring and evaluating
the policy. For intended policy outcomes to be achieved, there is need for effective
policy implementation, monitoring and evaluation. This will require strong institutional
development, inclusion of stakeholders in governance, legal and administrative
reforms and integration with the county performance management system.
3.2. Policy Implementation
3.2.1. Institutional framework
In order to ensure effective and efficient solid waste management, the following
institutions shall be established–
1) County solid waste management Committee
There shall be established the County Solid Waste Management Committee which
shall consist of–
(a) the county executive committee member responsible for solid waste
management who shall be the chairperson;
(b) the chief officer responsible for solid waste management who shall be
the secretary;
(c) the director in charge of solid waste matters;
(d) all sub-county administrators;
(e) the director in charge of public health matters;
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(f) all municipality or town managers in the county;
(g) the director in charge of trade matters;
(h) the director in charge of public works;
(i) the county commissioner or the representative;
(j) the director responsible for spatial planning;
(k) one person representing the National Environment Management
Authority;
(l) one person representing the county environment committee established
under the Environment Management and Coordination Act;
(m) one person representing community based organizations or non
governmental organizations engaged in solid waste management in the
county;
(n) one person representing generators of industrial waste;
(o) one person representing entities engaged in solid waste recycling,
composing or material recovery in the county;
(p) one person representing residents or neighbourhood associations;
(q) one person representing private waste collectors and transporters; and
(r) one professional qualified and experienced in matters related to
environment and solid waste management
The Committee may co-opt not more than three persons who are experienced in
matters related to solid waste management. The persons described under (h), (i), (j)
shall be appointed by the county executive member responsible for solid waste
management from amongst persons nominated by the respective organizations
The committee shall be responsible for –
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a) coordinating public and private sector engagement in solid waste
management in the county;
b) providing platform for public-private dialogue, consultation and
collaboration and participation in solid waste management in the county;
c) facilitating mobilization of county residents on solid waste management
in the county;
d) ensuring harmonization of public and private sector plans and programs
on solid waste management in the county;
e) receiving and considering reports from ward committees and advising the
county executive committee on appropriate policies, strategies and plans
to be adopted in the county on solid waste management;
f) monitoring and evaluating the implementation of county solid waste
management policies, strategies, plans and programs in the county; and
g) adjudicating in disputes emanating from solid waste management
processes in the county
The Committee shall hold meetings on a quarterly basis and shall regulate its own
procedure. The term of office for persons who are not public officers shall be 3 years
renewable for one and final term of 3 years.
2) Ward solid waste management committee
There shall be established a Ward Solid Waste Management Committee for each
ward which shall consist of–
(a) the ward administrator who shall be the chairperson;
(b) the officer in charge of environment in the ward who shall be the
secretary;
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(c) the Area Chief as designated by the National Government;
(d) the officer in charge of public health matters in the ward;
(e) the officer in charge of trade in the ward;
(f) the officer in charge of public works in the ward;
(g) one person nominated and appointed to represent community based
organizations or non-governmental organizations engaged in solid
waste management in the ward;
(h) two persons representing resident or neighbourhood associations in the
ward;
(i) one person representing entities engaged in solid waste recycling,
composting or material recovery;
(j) one person representing waste pickers in the ward;
(k) one person representing private enterprises providing waste collection
and transportation services in the ward; and
(l) one professional qualified and experienced in matters related to
environment and solid waste management.
The Committee may co-opt not more than three persons who are experienced in
matters related to solid waste management. The persons described under paragraph
(h), (i), (j) shall be appointed by the county executive member responsible for solid
waste management from amongst persons nominated by the respective
organizations.
The committee shall be responsible for –
a) coordinating public and private sector provision of in solid waste
management services in the ward;
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b) providing a platform for public-private dialogue, consultation,
collaboration and participation in solid waste management in the ward;
c) facilitating mobilization of county residents on solid waste management
in the ward;
d) ensuring harmonization of public and private sector strategies and
programs on solid waste management in the ward;
e) monitoring the implementation of this policy and other solid waste
management policies, strategies, plans and programs at the ward level;
f) monitoring the quality and adequacy of provision and delivery of solid
waste management services in the ward;
g) organizing and facilitating ward forums on solid waste management;
h) advising the county committee on appropriate legislative and policy
measures or public services to be adopted in ensuring effective
implementation of this policy and any legislation developed for
implementation of this policy
The Committee shall hold meetings on a quarterly basis and shall regulate its own
procedure. The term of office for persons who are not public officers shall be 3 years
renewable for one and final term of 3 years.
3.2.2. Planning and Performance Management
Implementation of the policy shall be undertaken through development of
environment sectoral plan (or sectoral plan dealing with solid waste management). In
accordance with the County Governments Act, the environment sectoral plan shall be
part of the County Integrated Development Plan (CIDP 2018-2022). The county
Medium Term Expenditure Framework (MTEF) and the County Fiscal Strategy Paper
shall adequately cover the strategies and programmes provided under the
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environment sectoral plan. The sectoral plan shall be implemented annually through
the annual development plan
Implementation of this policy shall be integrated with the county performance
management system through the sectoral plan. The annual performance contracting
and targets for respective departments responsible for implementation of this policy
shall be aligned to activities and programmes in the environment sectoral plan so as
to ensure complementarity and inter-sectoral approach in implementing this policy.
Data related to policy implementation shall be collected on a continuous basis in order
to inform decision making by the county executive and other sector stakeholders.
3.2.3. Legal and Administrative Reforms
In addition to programmes and projects to be designed under the environment
sectoral plan (or sectoral plan dealing with solid waste management), appropriate
legal reforms related to solid waste management shall be undertaken. There shall be
prepared for enactment or adoption laws, guidelines, standards and frameworks. Key
among them shall be enactment of County Solid Waste Management Bill.
3.2.4. Collaboration with National Government
As stipulated under Article 6 and 189 of the Constitution, the county government shall
institute measures to cooperate, collaborate, consult and partner with the national
government in implementing this policy as well as implementing national policies, laws
and standards related to solid waste management . In this regard, the department
responsible for solid waste management shall initiate intergovernmental collaboration
mechanisms with the national government ministry of environment and other
agencies responsible for matters related to environment.
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3.2.5. Staff Capacity Development
The department responsible for solid waste management shall in collaboration with
the department responsible for human resource management and the County Public
Service Board resource the department as well as other county departments
responsible for implementing this policy, with highly qualified professional staff in line
with respective policy measures. In addition, the department responsible for solid
waste management and department responsible for human resource management
shall develop and facilitate continuous professional and capacity development for all
relevant officers in various departments responsible for implementing this policy.
3.3. Policy Monitoring and Evaluation
3.3.1. Design of indicators
In order to ensure effective implementation of this policy, there shall be a continuous
monitoring of the results of programmes and activities undertaken to implement this
policy. The department responsible for solid waste management shall in collaboration
with national and county stakeholders design the core outcome indicators to be
adopted in measuring the results.
3.3.2. Monitoring and evaluation framework and system
This policy shall be evaluated in accordance with overall county monitoring and
evaluation framework, standards and system. The following requirements shall apply
in regard to policy monitoring and evaluation–
a) The department responsible for solid waste management shall designate
staff to be responsible for coordinating monitoring and evaluation of
implementation of this policy.
b) In each period of 3 months, the department responsible for solid waste
management shall prepare a report on the progress made in implementing
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the policy, which shall be submitted to county executive committee for
consideration and decision-making.
c) There shall be annual policy review, which shall involve all solid waste
management stakeholders. The review shall provide feedback on
successes, progress and challenges related to policy implementation and
whether policy outcome have been met in each year. The policy review
report shall be submitted to county executive committee for consideration
and decision-making
d) The policy shall be evaluated at the end of each period of 5 years to assess
the extent to which policy outcomes have been realized including policy
impact
e) The department responsible for solid waste management shall
disseminate policy evaluation reports to county solid waste management
stakeholders.
“TWO TRIANGLES” ANALYTICAL FRAMEWORK
Public Health Inclusivity
Collection User and Provider =
Environment Sound Institutions
Gov :
Disposal and Pro-active Policies
3Rs Financial
Reduce, Reuse, Recycle Sustainability
eee ee ee Integrated Sustainable Waste Management
Source: © David Wilson, Costas Velis, Ljiljana Rodi. Concept adapted from: Scheinberg, A., Wilson, D.C. and Rodic, L. (2010) Solid Waste Management in the World's Cities.
Earthscan for UN-Habitat.
WASTE MANAGEMENT HIERARCHY
Most preferred
Disposal
v
Least preferred
Source: UNEP (2011). Towards a Green Economy:
Pathways to Sustainable Development and Poverty Eradication.
Mombasa County Sessional Paper No 01 of 2019
On
Solid Waste Management
MOMBASA COUNTY SOLID WASTE MANAGEMENT
POLICY
June 2019
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Table of Contents
Chapter 1 Background and Situational Analysis ....................................... 4
1.1. Introduction .......................................................................................... 4
1.2. Policy development process ............................................................... 4
1.3. Geographic location and size ............................................................. 5
1.4. Administrative structure ..................................................................... 5
1.5. Social and economic context .............................................................. 5
1.5.1. Social context ............................................................................................................ 5
1.5.2. Economic context .................................................................................................... 6
1.5.3. Urbanization .............................................................................................................. 7
1.6. Solid waste management conceptual framework ............................ 8
1.6.1. Waste streams and sources....................................................................................... 8
1.6.2. Functional elements of a solid waste management system ....................... 10
1.6.3. Integrated Solid Waste Management (ISWM) ................................................ 11
1.7. Policy and legislative framework on solid waste management ... 14
1.7.1. Constitution of Kenya ............................................................................................... 15
1.7.2. The Environmental Management and Co-ordination Act (Cap 387) ...... 15
1.7.3. National Environment Policy, 2013 ..................................................................... 16
1.7.4. Integrated Coastal Zone Management (ICZM) Policy .................................. 16
1.7.5. Kenya Vision 2030 ..................................................................................................... 17
1.7.6. The National Solid Waste Management Strategy, 2015 .............................. 17
1.7.7. Global Policy Related to Solid Waste Management...................................... 18
1.7.8. Other policies and laws with implications on county solid waste
management policies and laws ........................................................................... 19
1.8. County context on solid waste management ................................. 20
1.9. Policy rationale ................................................................................... 22
Chapter 2 Policy Framework ...................................................................... 23
2.1. Introduction ........................................................................................ 23
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2.2. Policy Goal .......................................................................................... 23
2.3. Policy mission ..................................................................................... 23
2.4. Policy objectives ................................................................................. 24
2.5. Policy principles ................................................................................. 24
2.6. Policy measures .................................................................................. 25
2.6.1. Solid waste generation ............................................................................................ 26
2.6.2. Solid waste handling and separation, storage and processing ................. 27
2.6.3. Solid waste collection ............................................................................................... 29
2.6.4. Solid waste transfer and transportation ............................................................ 32
2.6.5. Solid waste separation, processing and transformation ............................. 34
2.6.6. Solid waste disposal .................................................................................................. 37
2.6.7. Solid waste management financing .................................................................... 38
2.6.8. Solid waste management and informal sector ............................................... 40
2.6.9. Solid waste management and land use planning .......................................... 41
2.6.10. Planning, Partnerships and Participation ........................................................ 43
2.6.11. Information, Education and Communication ................................................ 45
2.6.12. Research and development ................................................................................. 46
Chapter 3 Policy Implementation, Monitoring and Evaluation ............. 48
3.1. Introduction ........................................................................................ 48
3.2. Policy Implementation ...................................................................... 48
3.2.1. Institutional framework ........................................................................................... 48
3.2.2. Planning and Performance Management ......................................................... 52
3.2.3. Legal and Administrative Reforms....................................................................... 53
3.2.4. Collaboration with National Government ......................................................... 53
3.2.5. Staff Capacity Development .................................................................................. 54
3.3. Policy Monitoring and Evaluation .................................................... 54
3.3.1. Design of indicators .................................................................................................. 54
3.3.2. Monitoring and evaluation framework and system ...................................... 54
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Chapter 1
Background and Situational Analysis
1.1. Introduction
Solid waste management remains one of the critical development challenges globally,
nationally and at the county level. Solid waste is inevitable due to ordinary human
activities such as industrial production, consumption at household level, construction
and commercial processes among others. However, accumulation of solid waste has
environmental, health, social and economic implications in the long term.
Consequently, public interventions in solid waste management coupled with
engagement with private actors are required in order to achieve optimal results.
This policy provides for the guiding framework for solid waste management in
Mombasa County. The policy shall guide the county solid waste management actors
providing effective, efficient and sustainable services while utilizing solid waste as an
economic resource.
1.2. Policy development process
This policy was developed through a consultative process. The key policy actors in
solid waste management in the county were engaged during the preparation process.
Specifically national and county departments involved in solid waste management,
which included National Environment Management Authority (NEMA), county
departments in charge of public health, public works and trade were consulted. In
addition, private actors in solid waste management such as solid waste collectors and
transporters, resident associations, waste sorters and recyclers participated in the
process.
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1.3. Geographic location and size
The county is located in the coastal region of Kenya. It is situated between longitudes
39039’ 48.92” E and latitudes -40 03’ 16.78” S. The county covers a total area of
294.7 Km2 of which 65km2 is the water mass. The county neighbors Kwale to the
South, Kilifi to the North and the Indian Ocean to the East.
1.4. Administrative structure
The county consists of Six sub-counties namely Mvita, Nyali, Kisauni, Jomvu,
Changamwe and Likoni. The county has thirty wards. Each ward is represented by a
member of the county assembly.
1.5. Social and economic context
1.5.1. Social context
a) Poverty index
The county population that lives in poverty is estimated to be 34.8 percent.
b) Human Development Index
The Human Development Index (HDI) is a summary measure of average achievements
in key dimensions of human development, a long and healthy life (life expectancy at
birth), knowledge (expected years of schooling) and a decent standard of living (Gross
National Index Per Capita). The HDI of less than 0.550 signifies a low human
development, 0.550 – 0.699 signifies medium human development, 0.700 – 0.799 for
high human development and 0.800 or greater for very high human development.
Mombasa County has a Human Development Index of 0.55. This implies extent to
which the county population meets the 3 criteria of HDI a long and healthy life,
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knowledge and a decent standard of living. From the HDI categorization, the county
has a medium human development level.
Education
The county’s literacy rate stands at 57 percent. The level of education has
implications to the level of uptake of the solid waste management policy measures
such as information, adoption of modern solid waste management practices and
investment in solid waste management.
c) Demographic context
According to 2009 population census, the county has a population of 939,370 people
(Kenya National Bureau of Statistics). However, currently, the population is estimated
to be 1,266,358. The population of male is estimated to be 657,288 while female to be
609,069. In addition, the youth population is estimated to be 594,489 being 47 percent
of the total county population.
The population density in the county was 4,086 persons per km2 in 2009 and projected
to be 5,508 persons per km2 in 2018
1.5.2. Economic context
The main forms of economic activities (industrial and trade) in the county are tourism,
port and shipping, industry and fishing. The economic activities that have high
generation of solid waste in the county are tourism and industry. Tourism activities are
concentrated in Nyali Subcounty, while industrial activities are concentrated in Mvita
and Changamwe sub-counties. The table below summarizes the number of economic
activities and the number of entities
S/No Economic activity Number of entities
1 Where houses/ go downs 47
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2 Military Barracks 2
3 Industries 194
4 Supermarkets 45
5 Hospitals 89
6 Hotels/bars 1690
7 Clinics -
8 Schools 1048
9 Grocery stores 30063
10 Households 263,000
The major employers include the hotel industry, Kenya Ports Authority, government of
Kenya and container freight terminals. The total county labour force stands at 679,717
of which 6791 are employed in the agricultural sector, 13594 are engaged as rural self-
employed while 408830 are wage employed. The remaining 165857 are engaged as
urban self-employed.
1.5.3. Urbanization
The urban and pre-urban population is 98 percent of the county’s population
(according to 2009 census). It is projected to be 1,247,157 in 2018. The large urban
population can be attributed to the fact that Mombasa is an industrial city, a port city
and a major gateway to the East and Central Africa region as a result many people
come into the city in pursuit of employment opportunities, education and investment
opportunities. As per department of planning, land and Housing, about 65% of the
residents of Mombasa are housed in informal settlements. The rising urbanization in
the county results in increase in the quantities of solid waste produced. This has
resulted in increase in demand for solid waste management services. Consequently,
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the county has to strategically plan for the development of sustainable solid waste
management.
1.6. Solid waste management conceptual framework
Solid waste emanates as a result of human activities. The term “waste” in common
terms implies something that has no value and that should be discarded. Management
of solid waste is a public issue that has health, environment, economic and social
effects at household, local, national and international level. The level of waste
generation is directly related to population size, human behavior such as production
(including production processes) and consumption patterns and management,
recovery or utilization of waste products at the point of production or intermediate
level. Waste generated at one point may be raw materials for another production
process.
1.6.1. Waste streams and sources
Solid waste management is based on identifiable waste streams from the various
identifiable sources. Waste is ordinarily classified according to the waste streams for
purposes of effective management. A waste source may produce different waste
streams e.g. a household may produce food and kitchen waste, agricultural waste,
papers and e-waste. There are different methods of collecting, recovering, processing,
treating and disposing the various waste streams. The common waste streams are
outlined in table 1–
Table 1: Waste Streams
Waste Streams
▪ Food, kitchen and garden waste ▪ Ferrous metals (iron and steel)
▪ Non-ferrous metals (aluminum,
copper, lead)
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▪ Automotive waste (oil, tyres,
end of life vehicles (or vehicle
parts)
▪ Paper and cardboard
▪ Agricultural waste
▪ Textiles
▪ Mining waste
▪ Electrical and electronic waste
(e-waste)
▪ Construction and demolition
waste
▪ Special health care waste
▪ Sewage sludge
▪ Batteries
▪ Expired chemicals and
pharmaceuticals
The most common waste sources are outlines in table 2 below–
Table 2: Waste Sources
Waste Sources
▪ Households
▪ Offices
▪ Cafes and restaurants, hotels, food
stalls
▪ Schools, universities, laboratories
▪ Retail operations (e.g. shops,
supermarkets, warehouses)
▪ Markets
▪ Public facilities (sports grounds,
street sweeping and cleaning)
▪ Hospitals and other health care
facilities
▪ Mines and mineral processing
facilities
▪ Agriculture and food processing
facilities
▪ Fishing and fish processing
facilities
▪ Forestry operations
▪ Building sites
▪ Manufacturing facilities
▪ Water treatment and sewage
treatment facilities
▪ Land transport facilities (e.g. truck
depots, bus and train stations and
terminals)
▪ Car yards and car repair shops
▪ Ships, boats and aircraft (airports,
ports, marinas)
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Whereas there are different waste streams, waste is normally divided into hazardous
and non-hazardous waste. The manner of managing the two types of waste is very
different due the potential health risks and hazardous. Waste may in addition be
classified broadly as municipal solid waste or industrial waste and post-consumer
waste.
One of the key concepts in solid waste management is municipal solid waste.
Municipal solid waste is regarded as waste generated by households and waste of
similar nature generated by commercial and industrial premises, institutions such as
schools, hospitals and other facilities inhabited by people, construction and demolition
of buildings, and from public spaces such as streets, markets, slaughter houses, public
toilets, bus stops, parks and gardens.
1.6.2. Functional elements of a solid waste management system
Functional elements of a solid waste management system describe the value chain in
the core functions of a solid waste management system. Regulatory and management
system for solid waste management is mainly based on the functional elements. Table
3 below describes the functional elements of a solid waste management system–
Table 3: Functional Elements of a Solid Waste Management System (or waste
elements system)
Functional element Description
Waste generation Encompasses activities in which materials are identified as
no longer being of value and are either thrown away or
gathered together for disposal
Waste handling and
separation, storage
Involves activities associated with managing wastes until
they are placed in storage containers for collection.
Handling also entails the movement of loaded containers to
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and processing at
source
the point of collection. Separation of waste components at
source facilitates effective handling and storage of waste,
particularly for recycling and reuse purposes.
Collection Includes gathering of solid wastes and recyclable materials
and the transport of these materials, after collection, to the
location where the collection vehicle is emptied, such as
materials-processing facility, a transfer station, or a landfill
Transfer and
transport
Involves two steps (a) transfer of wastes from the smaller
collection vehicle to the larger transport equipment (b)
subsequent transport of wastes, usually over long distances
to a processing or disposal site. Transfer normally takes
place at a transfer station
Separation,
processing and
transformation of
solid waste
Entails separation of waste and recovery or processing of
waste materials, which had been separated at source. This
takes place at materials recovery facilities, transfer stations,
combustion facilities and disposal sites. Transformation
processes are used to reduce the volume and weight
requiring disposal and to recover conversion products and
energy. Combustion (to produce energy) and composting
are some of the most common transformation processes.
Disposal Disposal by landfill or land spreading is the ultimate
destination of solid waste whether its waste collected and
transported from source or from transformation facilities
(e.g. residues of composting or combustion). The best
practice is to dispose waste through sanitary landfill which
prevents public health hazards and nuisances
Source: Kieth and Tchobanoglous (2002), Handbook of Solid Waste
Management, McGraw-Hill, USA.
1.6.3. Integrated Solid Waste Management (ISWM)
The modern approach to effective and sustainable waste management is what has
come to be commonly referred to as the Integrated Solid Waste Management (ISWM).
This integrated approach has been advanced by United Nations Environment
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Programme (UNEP) and the UN-Habitat. The approach may be viewed from different
analytical frameworks. The UNEP and UN-Habitat have developed 2 complementary
analytical frameworks on ISWM. The analytical frameworks are the “two-triangles”
ISWM analytical framework advanced by UN-Habitat and the Waste Management
Hierarchy advanced by UNEP.
a) Two-triangles” ISWM analytical framework
The “Two triangles” analytical framework categorizes solid waste management
system into two pillars (triangles) i.e. the physical elements and governance
features. Table 4 below outlines the “Two-triangles” analytical framework.
Figure 1: "Two triangles" Analytical Framework
The first triangle comprises the three key physical elements of the ISWM system,
which are–
i) public health which entails maintaining healthy conditions in cities and
urban areas through a good waste collection service
ii) environment which entails protection of environment throughout the
waste chain, especially during treatment and disposal
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iii) resource management which may be described as ‘closing the loop’
since it entails returning both materials and nutrients to beneficial use,
through preventing waste and striving for high rates of organics
recovery, reuse and recycling.
The second triangle comprises of the governance features of the ISWM system,
which supports sustenance of the first triangle. The governance features entail a
system that–
i) is inclusive, providing transparent spaces for stakeholders to
contribute as users, providers and enablers
ii) is financially sustainable, which implies cost-effective and affordable
waste management system
iii) rest on a base of sound institutions and pro-active policies
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b) Waste Management Hierarchy ISWM
analytical framework
The waste management hierarchy indicates
an order of preference for action to reduce
and manage waste. The waste hierarchy is
presented as an inverted pyramid with the
most preferred action being prevention of
waste generation followed by reduction of
waste generation (e.g. through re-use),
followed by recycling (including composting
or anaerobic digestion), followed by material
recovery and waste-energy processes such
as combustion and pyrolysis and the final
action being disposal either in landfills or
through incineration without energy
recovery for waste that was not prevented,
diverted or recovered. o
The ISWM system forms a good foundation for solid waste management policy
framework and strategy development.
1.7. Policy and legislative framework on solid waste management
The policy and legislative framework for county solid waste management consist of
the constitution of Kenya and various statutes, sessional papers and sectoral plans
among others. This part highlights the laws and policies that relate to solid waste
management at county level.
Figure 2: Waste Management Hierarchy
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1.7.1. Constitution of Kenya
Article 10 entrenches sustainable development as one of the national values. Solid
waste management is one of the key drivers of sustainable development.
Article 43 guarantees the right to highest attainable standard of health, reasonable
standards of sanitation and clean and safe water. Solid waste is a major contributor to
prevalence of risk factors to communicable and non-communicable diseases and
conditions. Consequently, effective, efficient and sustainable management of solid
waste especially in urban areas has will drastically reduce incidences of communicable
or non-communicable diseases and conditions and related health care burden as well
as reduce associated public nuisance of unmanaged solid waste.
Article 69 of the Constitution provides for encouragement of public participation in
the management, protection and conservation of the environment; establishment of
systems of environmental impact assessment, environmental audit and monitoring of
the environment; elimination of processes and activities that are likely to endanger the
environment.
Section 2 (g) of the Fourth Schedule assigns to the county government the function of
refuse removal, refuse dumps and solid waste disposal.
1.7.2. The Environmental Management and Co-ordination Act (Cap 387)
The Environmental Management and Co-ordination Act, Cap 387 including subsidiary
legislation is the main national statute that governs environment protection,
conservation and management, which includes solid waste management. In regard to
solid waste management, the Act provides among others for–
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a) development of county environment action plans which provide for
environment management systems
b) the standards of waste including issues such as handling, storage,
transportation, segregation and destruction of any waste
c) prohibition of handling dangerous waste
d) classification and management of hazardous and toxic waste
The Environmental Management and Coordination (Waste Management) Regulations,
2006, and Environmental (Prevention of Pollution in Coastal Zone and Other Segments
of the Environment) Regulations, 2003 seek to implement the statutory requirements
on solid waste management.
1.7.3. National Environment Policy, 2013
The policy provides for governance framework for environment management. In
regard to solid waste management, the policy recognizes inefficient production
processes, low durability of goods and unsustainable consumption and production
patterns lead to excessive waste generation. In order to address these challenges, the
policy provides for development of an integrated national waste management
strategy, promotion of use of economic incentives to manage waste and promotion
of establishment of facilities and incentives for cleaner production waste recovery,
recycling and re-use.
1.7.4. Integrated Coastal Zone Management (ICZM) Policy
In regard to solid waste management, the Integrated Coastal Zone Management
(ICZM) Policy, Sessional Paper No. 14 of 2014 provides for pollution control and waste
management practices. The policy seeks to improve the management of municipal
solid waste through empowerment of county governments to effectively manage
urban waste, promotion of public private partnership in waste management,
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strengthening of county governments to enforce laws for regulating municipal waste
and enforcement of Environmental Management and Coordination (Waste
Management) Regulations, 2006.
1.7.5. Kenya Vision 2030
The Kenya Vision 2030 lays the foundation for social and economic development in
Kenya. In regard to solid waste management, Kenya Vision 2030 provides for
development of solid waste management systems in at least 5 municipalities, and in
the proposed economic zones, regulation on use of plastic bags, development and
enforcement of mechanisms targeting pollution and solid waste management
regulations, strengthening of institutional capacities of multi-sectoral planning and
strengthening linkages between institutions of planning and environment
management, development of national waste management system and use of market-
based environment instruments for providing incentives or disincentives in solid waste
management and establishment of initiative to clean the Nairobi River as well as rivers
and water fronts in Kisumu, Mombasa and Nakuru.
1.7.6. The National Solid Waste Management Strategy, 2015
The National Solid Waste Management Strategy, 2015 is anchored on the Kenya
Vision 2030. It lays the foundation for strategic management of solid waste in Kenya.
The strategy provides for among others for–
a) definitions and classification of solid waste
b) the national context and status on solid waste management
c) the common waste management practices in Kenya
d) the challenges facing solid waste management in Kenya
e) integrated solid waste management
f) the waste management cycle and ideal approaches applicable to Kenya
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The national strategy sets the foundation for development and adoption of county
solid waste management policies and strategies.
1.7.7. Global Policy Related to Solid Waste Management
The global policy related to solid waste management is mainly contained in the United
Nations conventions and policies that provide for framework for solid waste
management and which have implications on county solid waste management policies
and laws. They include–
a) United Nations Convention on Climate Change. Article 4 on commitments
provides for promotion and cooperation in development, application and
diffusion including transfer of technologies, practices and processes that
control, reduce or prevent anthropogenic emissions of greenhouse gases in
sector such as waste management sectors
b) The Kyoto Protocol to the United Nations Convention on Climate Change.
Article 1 (viii) provides for States’ obligation to limitation or and reduction of
methane emissions through recovery and use of waste management. The
Protocol obligates States to formulate and implement solid waste management
programmes that are intended to mitigate climate change
c) The Basel convention on the Control of Transboundary Movement of Hazardous
Wastes and their Disposals. However, the control of international movement of
hazardous waste is a mandate of national government
d) The Rio Declaration on Environment and Development (Agenda 21-Global
Programme of Action on Sustainable Development). Chapter 7 provides for
sustainable human settlements which includes provision of basic services such
as waste collection, Chapter 20 provides for managing hazardous wastes and
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Chapter 22 provides for managing solid wastes and sewage which encourages
waste minimization and increase reuse and recycling
In addition, the United Nations’ Sustainable Development Goals (SDGs) establishes
a global framework and commitment for sustainable development. Specifically, key
SDGs that have direct implications on solid waste management and which shall be
integrated in the county model policy shall include –
a) Goal 3: Ensure healthy lives and promote wellbeing for all at all ages
b) Goal 6: Ensure availability and sustainable management of water and sanitation
for all
c) Goal 9: Build resilient infrastructure, promote inclusive and sustainable
industrialization and foster innovation
d) Goal 11: Make cites and human settlements inclusive, safe, resilient and
sustainable
e) Goal 12: Ensure sustainable consumption and production patterns
1.7.8. Other policies and laws with implications on county solid waste
management policies and laws
There are other national policies and laws that have implications on county solid waste
management (or the process and institutional frameworks for county policies and
laws). These include–
a) County Governments Act, No. 17 of 2012, which provides for the governance
and management system and process in the county including development
planning, decentralization, citizen participation and policy development among
others
b) Public Finance Management Act, Cap 412 C, which provides for financial
planning and management at the national and county levels including linkage
of development planning, budgeting and public expenditure
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c) Urban Areas and Cities Act, Cap 275, which provides for integrated
development planning in urban areas. The Act provides for development of
urban integrated development plans for urban areas and cities which includes
planning for solid waste management
d) Physical Planning Act, No. 6 of 1996, which provides for physical planning and
development control in Kenya, which is mainly a county function. Integrated
Solid Waste Management System requires functioning and effective spatial
planning, zoning and land laws.
e) Legal Notice No. 137 on Transfer of Functions to County Governments,
2013, which provides for unbundling of county functions stipulated under Part
2 of the Fourth Schedule to the Constitution
f) Mombasa County Vision 2035, which envisages a scenario of a developed
integrated waste management facility, enacted waste segregation at source, a
recycling rate of 50%, and restricted illegal dumping and open burning of waste.
1.8. County context on solid waste management
Solid waste management remains one of the major challenges to the county. The most
common forms of solid waste generated in the county is the organic waste which is
mainly generated at household level, hotels and restaurants and agricultural
produce/food markets such a Kongowea and Marikiti. The county generates an
estimated 2,200 tons of waste per day, 68 percent of which is organic. Approximately
18 percent of the waste is composed of plastics, cardboard, paper and metals. Other
Inorganic waste such as e-waste, construction waste and junk constitute an estimate
of 14 percent of the waste stream. Public and private health facilities generate
biomedical waste which is estimated to be 2-3 tons per day. In addition, industrial
solid waste is also generated in substantial quantities from the manufacturing and
processing industries located in the county.
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Solid waste generated in the rural parts of the county is disposed within the
households mainly through disposal in pits or open burning. Most of biodegradable
waste such as agricultural or human food waste is reused as food for farm animals or
composted to produce manure for agricultural production. Non-biodegradable waste
such as containers are reused for other house hold uses such as storage. The entire
county is urban and hosts the second largest city of Kenya, one of the largest wholesale
and retail fresh produce market (Kongowea) and the Port of which generates
substantial quantities of municipal and industrial waste.
Most of the solid waste generated is disposed in undesignated open grounds areas
such as VOK, Kwa Karama, Kadongo, Junda, Saratoga, and Mcheleni. Most solid waste
is disposed in the same form as it was generated without being recycled or reused or
recovered. Open disposal of solid waste has continuously posed negative
environmental health impact through leachate and direct flow into water sources. In
addition, the disposal methods in the county have been a contributor to public
nuisance. There is limited investment in solid waste recycling and recovery systems in
the county.
Collection and transportation of solid waste generated at household, commercial and
industrial level in the county is undertaken by both the private sector and county
government. The county government provides solid waste collection and
transportation services from the public areas. Currently the county does not have
waste collection bins and waste collection containers installed. There are two
designated dumpsites namely Mwakirunge in Kisauni and Shonda in Likoni. The
dumpsites are poorly management and do not meet the prescribed environment
health standards. The county government has made budgetary allocation for solid
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waste collection but the allocations have been low below the desired financial
investment for solid waste management.
1.9. Policy rationale
The county government seeks to establish an effective, efficient and sustainable solid
waste management in order to facilitate realization of its development goals. This solid
waste management policy will be instrumental in advancing county social and
economic development. This policy is therefore developed in order to –
a) provide for a policy mechanism for implementing county functions related to
solid waste management as assigned under the Constitution of Kenya
b) provide for adoption of Integrated Solid Waste Management system and
processes in the county
c) facilitate adoption and compliance with relevant international and national
standards for solid waste management in the county
d) facilitate the realization of Kenya Vision 2030 as it relates to solid waste
management
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Chapter 2
Policy Framework
2.1. Introduction
In order to comprehensively address solid waste management, a framework setting
the policy direction to be pursued by the county government and other stakeholders
is essential. This chapter describes the policy framework consisting of the core policy
measures to be pursued. In addition, the chapter lay out the policy vision, mission and
guising principles.
2.2. Policy Goal
To minimize waste generation and promote re-use, recovery and recycling of waste
materials and sustainable waste disposal.
2.3. Policy mission
To promote a sustainable, effective and integrated solid waste management system
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2.4. Policy objectives
The policy shall pursue the following objectives–
a) Delivering a waste management system that is effective, equitable, responsive
and sustainable under the prevailing conditions
b) Provision of public services (e.g. waste collection, transport, treatment and
disposal) suited to the needs of and affordable for local users
c) Protection of public and occupational health and the environment
d) Contributing to sustainable use of natural resources, e.g. through materials
recovery and recycling, soil improvement, energy generation
e) Contributing to economic development, including through fostering resource
efficient production and developing waste recovery and recycling operations
f) Providing employment and enterprise development opportunities
g) Deploying technologies appropriate to prevailing conditions
h) Building the capacities of those forming part of the waste management system
i) Encouraging and inviting research and development into technologies and
governance approaches for sustainable resource and waste management
2.5. Policy principles
The following shall be the guiding principles for the solid waste management policy–
a) Proximity principle which implies that waste should be managed close
to where it is generated
b) Self-sufficiency principle which implies that where possible and
practical, each urban area or zone should manage its own waste
c) Polluter pays principle whereby those who generate waste should bear
the cost of managing the waste to minimize risk to human health and the
environment
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d) Precautionary principle whereby appropriate policy measures may be
taken in order to safeguard human health and environment. Even if
scientific evidence is not conclusive it would be essential to adopt
precautionary approach
e) Sustainable development which is development that meets the needs of
the present without compromising the ability of future generations to
meet their own needs
f) Inter-generational equity which implies that waste should not be
managed in a way that bequeaths legacy problems to subsequent
generations
g) Intra-generational equity which implies that waste management
resources and services should be equitably accessible to all citizens or
residents in the same generation. All interested parties should have
equitable possibilities to provide services and equitable burden-sharing
in terms of waste management facilities (environmental justice)
h) Extended producer responsibility
2.6. Policy measures
The county shall adopt an integrated approach to solid waste management as
described in chapter 1 as well as the principles of solid waste management that form
the foundation of this policy. The policy measures shall be based on a combination
and integration of the functional elements in solid waste management, solid waste
management hierarchy and the two-triangle framework both of which form the
integrated solid waste management system. This part shall prescribe the policy
measures that the government shall pursue. The policy measures shall be in the form
of policy statements, which prescribe the appropriate policy instruments in solid waste
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management. In addition, the policy measures are based on the constitutional
functional assignment of county governments as well as constitutional provisions.
2.6.1. Solid waste generation
Context
Generation of waste depends on product demands, production processes,
consumption demands, behaviour and patterns among others. Waste generation has
implications on resources used for production of products, which result in varying
levels of waste generation. Waste generation exists throughout the product lifecycle.
Most waste generated in the county consists of municipal waste, which emanates from
consumption of processed products at household, commercial and industrial levels.
Some processes or activities such as industrial ones contribute to high waste
generation. Whereas, the county government has no legal mandate to regulate
production processes, which would reduce amount of waste generated, it has a duty
to promote appropriate production processes, change in consumption behavior and
patterns. The aim is to prevent generation of waste where possible through
appropriate means.
Policy measures
In order to promote and facilitate prevention of solid waste generation through
sustainable waste generation processes, the county department responsible for solid
waste management shall –
a) Promote prevention of waste generation among product users through
awareness creation on behavior change, consumer choices and
consumption practices to reduce excessive consumption or use and waste
of diverse products
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b) Collaborate and coordinate with national government and other
stakeholders in adopting measures for promoting resource conservation
and management to prevent or avoid excessive utilization of resources
which lead to excess generation of solid waste
c) Establish partnership and collaboration with manufacturers wholesalers
and retailers in adopting appropriate measures and strategies for
preventing waste generation
d) Engage with national government to adopt appropriate measures for
preventing waste in the product value chain and life-cycle such as product
and packaging design, manufacture, distribution and product use
e) Promote in collaboration with national government and relevant
stakeholders the adoption of modern technology in product manufacture
so as to reduce excessive generation of solid waste
f) In collaboration with other relevant public and private stakeholders,
promote reuse of products or materials e.g. containers or packaging
materials in order to reduce generation of waste
g) The department responsible for solid waste management shall establish
an inventory for all the waste streams which shall be disaggregated
according to the respective sources
2.6.2. Solid waste handling and separation, storage and processing at source
Context
Waste handling and storage before collection and transport determines the
effectiveness of the rest of solid waste management system. Waste handling and
storage at point of generation requires adoption of public and environmental health
standards. In order to facilitate reduction, recycling and recovery of solid waste, waste
separation or segregation at source is essential. Currently, the county experiences poor
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solid waste handling, storage and separation at the sources. This is mostly common in
the urban areas due to high population density and low awareness of sustainable
waste handling, separation and storage processes. Other challenges faced by the
county include storage of organic and inorganic waste in the same containers, open
storage of waste or disposal of waste in outdoor open places directly from the
source/point of generation or storage of waste in open spaces within premises which
is a threat to public and environment health.
Policy measures
In order to ensure effective and appropriate solid waste handling, storage and
separation, the following policy measures shall be adopted–
a) The department responsible for solid waste management shall in collaboration
with relevant stakeholders carryout awareness creation and capacity
development to waste generators on handling, storage and processing of solid
waste at source
b) Solid waste shall be segregated or separated at source or point of generation
into dry (recyclables) and wet waste (food waste and organic matter), which shall
be further segregated and stored under each of the two categories into different
forms of waste in accordance with the standards and stored in appropriate
receptacles in accordance with the prescribed guidelines and standards
c) The department responsible for solid waste management shall in collaboration
and coordination with national government, generators of solid waste and
relevant stakeholders develop and adopt strategies, measures and standards to
promote and facilitate segregation of solid waste at source or point of
generation
d) In accordance with the building code and development control laws and
policies, owners or occupiers or residential, commercial or industrial premises
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shall install appropriate containers and spaces for waste handling and storage
within the premises for purposes of ease of collection and which meet public
and environment health standards for purposes of ease of collection
e) Solid waste generated from any premises or source shall be separated and
stored within the premises before being collected and transported for recovery
and final disposal.
f) The department responsible for solid waste management shall ensure adoption
of appropriate measures and processes for waste segregation at the point of
generation
g) Disposal of waste in open grounds or in non designated collection points by a
waste generator shall be prohibited
2.6.3. Solid waste collection
Context
Waste collection is the collection of waste from the point of generation or production
(residential, industrial, commercial or institutional) to the point of treatment, recovery
or disposal. Waste collection methods are determined by the location of waste
generation (i.e. public places, residential, commercial, industrial or commercial).
Uncollected waste leads to public and environmental health hazards such as diseases
and health conditions, public nuisance, and blockage of drainage system, seepage of
waste into water and soil among others.
The waste collection process is required to be efficient and carried out through
appropriate means. Waste collection services in the county especially for urban areas
are provided by the private sector. However, waste collection services for public areas
are carried out through municipal services provided by the county government. Solid
waste in the county is characterized with disposal of waste in open areas before
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collection (open dumping) and inefficient and inadequate waste collection services in
both public and private places. Some localities in urban areas where there lacks
organized waste collection services experience environmental and health challenges
associated with open disposal of waste. Other challenges include inadequate waste
collection points and containers or bins as appropriate and low funding of waste
collection services.
Policy measures
In order to address challenges associated with waste collection, the following policy
measures shall be adopted–
a) The department responsible for solid waste management shall in collaboration
with other relevant public and private actors establish an efficient, responsive
and coordinated countywide solid waste collection services system which shall
among others include stakeholder consultation, mobilization and participation,
compliance with public and environment health standards and collection of
solid waste from public and private places and maintenance of clean public
streets and places
b) The department responsible for solid waste management shall in consultation
with National Environment Management Authority and other relevant
stakeholders designate, gazette and develop waste collection points in each
ward according to the solid waste management spatial map
c) The department responsible for solid waste management shall in consultation
with respective local residents representing residential, commercial, institutional
and industrial areas, place or install appropriate waste collection containers,
receptacles and bins in strategic public places for purpose of collection of solid
waste
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d) All institutions such as schools or health facilities shall place or install
appropriate waste collection containers, receptacles and bins in strategic places
within the facilities for purpose of collection of solid waste which shall conform
to the prescribed standards
e) Solid waste collection services provided by public or private actors shall comply
with the prescribed standards and operating procedures
f) Solid waste collection services from households, commercial, institutional or
industrial premises shall be carried out by private sector service providers in
accordance with prescribed standards and guidelines, unless in areas where
there are no established private sector service providers for solid waste
collection
g) The department responsible for solid waste management shall establish a
system for collecting solid waste in informal settlements which do not have
access to private sector provision of waste collection services
h) A solid waste generator shall deposit any waste generated to the appropriate
waste collection point located within the geographical locality of the waste
generator and in the appropriate waste segregation or separation collection
receptacles
i) There shall be established a system of registration of solid waste collectors
including waste pickers for the purposes on coordinating solid waste collection,
facilitating stakeholder capacity development and ensuring compliance with
prescribed guidelines and standards
j) The department responsible for solid waste management shall in consultation
and collaboration with National Environment Management Authority and other
relevant stakeholder designate, gazette and develop waste transfer stations
according to the solid waste management spatial map and prescribed
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standards. The department may establish or facilitate establishment of
specialized transfer stations for specific types of solid waste
k) The department responsible for solid waste management shall promote and
facilitate establishment of intermediary community based waste sorting centres
which shall be integrated with the county solid waste management system
l) The department responsible for solid waste management shall in collaboration
with the department responsible for public health maintain waste collection
points in conformity with prescribed public and environment health standards
m) The department responsible for solid waste management shall in collaboration
with the department (s) responsible for women, youth, persons with disabilities
or other vulnerable groups and county treasury develop initiatives for the
groups to participate in co-management of waste collection points and waste
collection services for purposes of promoting economic empowerment of the
groups
n) The county government shall initiate and develop public private partnership
programmes for sustainable solid waste collection services
o) In accordance with Access to Government Procurement Opportunities Policy,
the county government shall provide preferential treatment to youth, women
and persons with disabilities in accessing thirty percent of county government
contracts for solid waste collection services
p) In procuring services for provision of solid waste collection services, the county
government shall consider a supplier’s integration of service delivery with
youth, women and persons with disabilities empowerment
2.6.4. Solid waste transfer and transportation
Context
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Waste transfer and transportation is directly related to waste collection. Waste is
generally collected for the purposes of transfer or transportation to the next point of
waste management system. Solid waste in the county is normally transported from
collection points directly to the final disposal sites or landfills. This has meant that
there has been limited intermediate waste processing such as recovery, recycling and
composting. The common mode of waste transportation is through trucks or hard
carts for transfer of waste from households or premises to waste collection points.
Most of the trucks are open which leads to waste dropping off during transportation.
Policy measures
In order to address challenges associated with solid waste transfer, the following policy
measures shall be adopted–
a) Save for biomedical and hazardous waste, all solid waste shall be transferred or
transported to solid waste transfer stations or to material recovery facilities for
sorting and separation or processing after which waste shall be transported to
the appropriate landfill for final disposal as appropriate. However, Construction
and demolition waste may be transported to specific areas approved by the
county department responsible for solid waste management in accordance with
the standards
b) All solid waste transporters shall be registered and licensed by the county
government as prescribed
c) Solid waste transportation services including plant and equipment shall conform
to the prescribed standards
d) The department responsible for solid waste management shall in collaboration
with other public and private stakeholders establish market linkages between
waste transporters and women, youth, persons with disabilities or other
vulnerable groups involved in co-management of waste collection and for
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purposes of economic empowerment of the groups and effective service
delivery
e) In accordance with Access to Government Procurement Policy, the county
government shall provide preferential treatment to youth, women and persons
with disabilities in accessing thirty percent of county government contracts for
transfer and transportation of solid waste
f) In granting contracts for provision of solid waste transfer and transportation
services, the county government shall consider a supplier’s integration of
service delivery with youth, women and persons with disabilities empowerment
g) Solid waste transfer and transportation services from households, commercial,
institutional or industrial premises shall be carried out by private sector service
providers in accordance with prescribed standards and guidelines
h) The department responsible for solid waste management shall establish a
system for transfer and transportation solid waste in informal settlements which
do not have access to private sector provision of waste collection services
i) The department responsible for solid waste in collaboration with the
departments responsible for physical planning and transport and National
Environment Management Authority and in consultation with solid waste
transportation service providers, designate specific routes and time schedule to
be followed in transfer and transportation of solid waste
2.6.5. Solid waste separation, processing and transformation
Context
Sustainable management of solid waste leads to processing and transformation of
waste into economic value. As a result very minimal waste is actually disposed in the
final landfill. Waste separation entails separating waste according to potential use such
as recycling or recovery. Waste is separated into for example organics and recyclables
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(which are further separated into for example e-waste, plastics, metals, papers and
junks such as wood among others). Waste processing and transformation entails
material recovery processes such as composting, combustion and recycling of
materials to make useful products.
The county lacks a structured system of separation, processing and transformation of
solid waste into useful materials that may be utilized for other purposes. Most of the
waste generated, which comes from urban areas, is disposed through open dumping
in dumpsites. The county lacks a coordinated system for separation of waste and
recycling. However, there are few to initiatives for collection of recyclable materials
especially metal and plastics.
Policy measures
In order to address the problem of poor waste separation, processing and
transformation, the following policy measures shall be adopted–
a) The department responsible for solid waste management shall in collaboration
with other relevant stakeholders mobilize local communities and
neighbourhoods to promote and facilitate collection and separation of
recyclable solid waste
b) The county government shall set aside such land as may be appropriate, in a
single or multiple lots for purposes of materials recovery and processing
c) The department responsible for solid waste management shall in collaboration
with national government and other relevant stakeholders establish a system
for facilitating and promoting solid waste separation, processing and
transformation (material recovery and recycling which shall among others
include facilitation of enterprises involved in waste processing and
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transformation to access solid waste placed in transfer stations, technology
acquisition, technical assistance and capacity development.
d) Final waste separation shall be undertaken at the transfer stations. Other waste
processing and transformation processes may take place at a transfer station
e) The county government shall adopt appropriate economic incentives to
promote private sector participation in solid waste separation, processing and
transformation such as reduced fees, charges and levies for enterprises involved
in waste processing and transformation
f) The county government shall in collaboration and coordination with national
government and relevant stakeholders promote investment in solid waste
processing and transformation and establishment of wholesale and retail outlets
for sale of recycled products or recovered materials
g) The county government shall in accordance with the Public Procurement and
Disposal Act undertake purchase of appropriate products produced from
processed and transformed solid waste in order to promote market
development in solid waste management
h) The department responsible for solid waste management shall in collaboration
with national government entities and relevant stakeholders develop and adopt
guidelines, standards and operating procedures for separation, processing and
transformation applicable to each solid waste stream in accordance with the
established standards and best practices. All waste generators shall comply with
the established guidelines
i) Where there is no capacity to recycle any waste stream or type of waste, the
county government shall promote and facilitate market linkages between local
and external investors for purposes of supply chain management
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j) The department responsible for solid waste management shall, in collaboration
with relevant stakeholders establish technology and innovation hubs for
development of solid waste management technology
2.6.6. Solid waste disposal
Context
Solid waste disposal is the final stage in the process of discarding solid waste. Any
material that cannot be recycled or recovered is disposed mainly in the landfills or
through incineration especially for biomedical waste. A sustainable solid waste
management system is where few materials of solid waste are finally disposed.
However, most of the solid waste generated in the county is disposed through
dumping in the landfills which or open grounds in public places. This, as noted earlier
poses a threat to public and environmental health. The landfills in the county are
poorly sited especially in relation to residential areas and do not meet the appropriate
standards. The county has no sanitary landfill hence the waste disposed in the open
grounds has direct negative impact on the environment and water resources. The
ultimate goal is to have zero waste to landfills.
Policy measures
In order to address challenges associated to waste disposal, the following policy
measures shall be adopted–
a) The department responsible for solid waste management shall in collaboration
with the department responsible for physical planning, National Environment
Management Authority, residents in the potential areas for siting landfills and
other relevant stakeholders designate, gazette and develop controlled sanitary
landfills in accordance with the solid waste spatial plan and the county spatial
plan
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b) All the open public places where solid waste is dumped shall be cleared and
placed under the respective intended public use
c) The department responsible for solid waste management shall ensure and
facilitate solid waste treatment before final disposal
d) The department responsible for solid waste management shall develop a system
and standard operating procedures for management of sanitary landfills
e) For purposes of disposing biomedical waste, the department responsible for
health in collaboration with the department responsible for solid waste
management and relevant county and national government agencies shall
adopt appropriate modern technology and processes for disposal of biomedical
waste and shall ensure that private health facilities dispose biomedical waste in
accordance with national standards
f) The county government may provide services to private health facilities for
purposes of managing and disposing biomedical waste
g) The county government shall implement and where applicable, enforce national
law and policy that prohibits disposal of solid waste into rivers and water
resources
h) Where the national government has established a landfill, the county
government shall utilize the landfill for purposes of disposing the solid waste
designated for disposal in the landfill.
i) The county government may collaborate with other counties in establishing
sanitary landfills
2.6.7. Solid waste management financing
Context
Provision of sustainable solid waste management services requires substantial
funding. It requires coordinated financial investment from public, private and
voluntary sectors. Some of the solid waste management processes such as processing,
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transformation, treatment and disposal are capital intensive. Consequently, for the
county to achieve intended objectives for solid waste management, there is need for
adoption of diverse funding models and instruments. In addition, cost sharing through
user fees and charges are effective mechanisms for sustainable solid waste
management. Currently, there is low funding for solid waste management in the
county. There is low private sector investment in solid waste management. In addition,
public funding in the sector is below the levels required for financing the municipal
solid waste management services.
Policy measures
In order to address the policy challenges in financing solid waste management, the
following policy measures shall be adopted–
a) There shall be levied appropriate user fees and charges for solid waste
management. The fees and charges shall be levied in accordance with the tariff
policy stipulated under the County Governments Act.
b) The county government shall provide incentives for promoting solid waste
recycling and waste material recovery which may include reduced fees, levies
and charges for enterprises engaged in the two processes
c) The county government shall in consultation with national government adopt
public-private partnership model of financing various processes in solid waste
management. Such partnership shall be based on efficiency, cost effectiveness
and sustainability of the model in provision of solid waste management services
d) The county government shall facilitate its officers to acquire technical skills and
develop competencies for public private partnerships management especially in
initiation, development, negotiation, award and management of public private
partnerships in solid waste management
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e) Subject to Public Finance Management Act, at least fifty percent of the user fees
and charges collected from solid waste management services shall be utilized
for the purpose of defraying operational costs associated with provision of solid
waste management services
f) The county government shall subsidize solid waste management services to low
income areas and informal settlements in accordance with the County
Governments Act
g) The county government shall progressively increase budgetary allocations for
implementation of this policy and laws related to solid waste management
h) The county government shall mobilize resources in the form of grants and
donations from development partners for financing solid waste management
processes
2.6.8. Solid waste management and informal sector
Context
Informal sector is a key player in solid waste management. Most informal actors in
solid waste management include waste pickers, community based organizations, self
help groups, small and micro enterprises and individual actors such as waste pickers
and sorters among others. They play a significant role in the whole solid waste
management value chain. However, their work exposes them to numerous health
conditions and diseases especially respiratory ones. In addition, whereas they generate
some income from their activities, the incomes are very low. Due to limited access to
capital, most of their work is undertaken manually. The county government recognizes
the valuable role the informal sector plays in solid waste management and the
strategic need to facilitate their role so as to promote employment creation.
Policy measures
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In order to promote participation of informal sector in solid waste management, the
following policy measures shall be adopted in addition to measures described above
–
a) The county government shall facilitate the informal groups or individuals
involved in solid waste management value chain to access affordable capital for
solid waste management enterprise development
b) The department responsible for solid waste management shall initiate capacity
development programs for informal sector engaged in solid waste management
as well as facilitate and support the sector to adopt health requirements
c) The department responsible for solid waste management shall in collaboration
with other relevant stakeholders facilitate and promote market linkage between
the informal sector and investors in solid waste management
d) The county government shall where appropriate develop service agency
agreements with the informal sector in the provision of solid waste management
services
2.6.9. Solid waste management and land use planning
Context
The quantities of various waste streams generated depends on the population density
of waste generators in a given locality. Different zones produce different types of waste
and in various quantities. The location of waste collection points, application of waste
collection, transfer and transportation services are based on spatial planning in a given
locality. Further, the siting of waste disposal areas is based on physical characteristics
of the locality such as soil structure, terrain, population density and impact of the
locality to other physical resources such as water resources. Consequently, land use
planning has a significant role to play in ensuring sustainable solid waste management.
The county government has no solid waste management spatial plan to, which guides
various interventions in solid waste management services.
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Policy measures
In order to ensure that there is sustainable solid waste management, it will be essential
to have appropriate and effective zoning for solid waste management. In this regard–
1) The department responsible for spatial planning in collaboration with the
department responsible for solid waste management and other relevant
stakeholders, shall–
a) carry out solid waste management survey using Geographical
Information System (GIS), which shall consider –
(i) land use: topography, drainage and soil
(ii) infrastructure (transport, communications, health,
education, water and energy)
(iii) Economic base of the area (urban informal economic
base)
(iv) human settlements (density and land use)
(v) institutions such as schools and other government
institutions, industries and commercial enterprises and
non –state organizations
b) develop the county solid waste management spatial plan which shall
include details for each sub-county and ward as the core
decentralized spatial units
c) designate the location of the collection points, transfer stations,
composting sites, waste recovery facility and landfills in accordance
with the solid waste management spatial plan
d) regulate solid waste management in accordance with the solid waste
management spatial plan
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2) The department responsible for solid waste management shall in
collaboration with departments responsible for spatial planning and
county administration map the county into solid waste management
zones for purposes of ensuring efficiency in service delivery and
coordination of stakeholder participation in solid waste management
3) The county government shall ensure that the county spatial plan
designates zoning and setting up of industries that are integrated in terms
of use of waste generated in some industries which is utilized as raw
materials in other industries
2.6.10. Planning, Partnerships, Participation and Inter-governmental
Relations
Context
Solid waste management is complex due to multiplicity of social, economic and
environmental determinant factors and stakeholders. There is no single policy measure
or stakeholder that can manage solid waste effectively. There is need for inclusivity of
diverse stakeholders in solid waste management processes. Users and providers of
solid waste management services must partner and collaborate in order to deal with
all aspects of solid waste management. All the stakeholders should be involved in
identifying policy options and implementing programmes related to solid waste
management. The county government has a weak stakeholder management process
in regard to solid waste management. Users and non-state providers of solid waste
management services are usually excluded from active participation in the
management process.
Policy measures
In order to ensure inclusion and participation of users and providers of solid waste
management services, the following policy measures shall be adopted–
Mombasa County Solid Waste Management Policy
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a) The department responsible for solid waste management shall in collaboration
with relevant stakeholders prepare a county solid waste management plan
which shall provide a framework for implementing this policy, national policy
and any law enacted for purposes of implementing this policy.
b) The department responsible for solid waste management shall in collaboration
with relevant stakeholders –
(i) initiate programmes for mobilizing and creating awareness among
residents, local communities and neighbourhoods to participate in
sustainable solid waste management
(ii) establish mechanisms to receive and handle complaints related to
solid waste management service delivery from the respective
localities
(iii) facilitate community or area-based forums for users and providers
of solid waste management services to deliberate on emerging
issues in solid waste management to as to enhance efficiency in
service delivery
(iv) promote and facilitate stakeholder-led initiatives on solid waste
management
c) The department responsible for solid waste management shall consult, inform
and coordinate with relevant stakeholders on any matters related to service
delivery on solid waste management
d) The county government shall liaise, consult, collaborate and coordinate with
the national government and neighbouring counties on matters related to solid
waste management
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2.6.11. Information, Education and Communication
Context
Solid waste management depends on a combination of regulatory, service delivery
and information-based tools. Whereas regulatory tools are instrumental command
and control instruments in behaviour in matters such as generation, handling and
disposal of solid waste, they cannot be fully effective unless they are complemented
by behaviour change by users and providers of solid waste management services.
Sustainable solid waste management depends on value- based approach by
individuals and entities. Strategic communication and messaging on solid waste
management is instrumental in shaping public opinion and support. The county
government lacks effective information, education and communication system and
processes. There is low awareness on sustainable solid waste management in the
county.
Policy measures
In order to increase awareness and change behaviour on solid waste management, the
following policy measures shall be adopted–
a) The department responsible for solid waste management shall in collaboration
with relevant stakeholders develop and implement information, education and
communication system and strategies targeting diverse users and providers of
solid waste management services and shall ensure that such information is
available to all stakeholders and county residents
b) The department responsible for education and department responsible for
solid waste management shall in collaboration with national government
ministry responsible for education and relevant stakeholders develop
information, education and communication materials and initiate
Mombasa County Solid Waste Management Policy
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dissemination, education and awareness creation programmes targeting
children and youth on solid waste management
c) The department responsible for solid waste management shall in collaboration
with the department responsible for information technology develop
technology-based communication strategies on solid waste management
d) The department responsible for solid waste management shall in collaboration
with the department responsible for information technology and relevant
stakeholders establish a solid waste information management system
2.6.12. Research and development
Context
Solid waste generation is dynamic and changes as society develops. The form of waste
streams changes as production processes change and new products and packaging
emerge. Consequently, there is need for continuous innovation in intervention
measures and strategies in solid waste management. In addition, there is need for
evidence-based decision making on solid waste management. There are minimal
research efforts undertaken by the county government in regard to solid waste
management.
Policy measures
In order to address the policy gaps in research and development, the following policy
measures shall be adopted–
a) The department responsible for solid waste management shall facilitate a
capacity development programme for personnel in research and
development
b) The department responsible for solid waste management shall establish a
research unit to coordinate, promote and undertake research and
development related to environment management and governance
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c) The department for solid waste management shall undertake and
collaborate with other relevant research institutions and institutes of higher
learning in carrying out research and development in solid waste
management
d) The department responsible for solid waste management shall in
collaboration with relevant stakeholders disseminate research findings
e) The department responsible for solid waste management shall establish a
research data management system
f) The county executive committee shall ensure that evidence generated
through research informs decisions related to solid management
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Chapter 3
Policy Implementation, Monitoring and Evaluation
3.1. Introduction
This chapter outlines the mechanisms for implementing, monitoring and evaluating
the policy. For intended policy outcomes to be achieved, there is need for effective
policy implementation, monitoring and evaluation. This will require strong institutional
development, inclusion of stakeholders in governance, legal and administrative
reforms and integration with the county performance management system.
3.2. Policy Implementation
3.2.1. Institutional framework
In order to ensure effective and efficient solid waste management, the following
institutions shall be established–
1) County solid waste management Committee
There shall be established the County Solid Waste Management Committee which
shall consist of–
(a) the county executive committee member responsible for solid waste
management who shall be the chairperson;
(b) the chief officer responsible for solid waste management who shall be
the secretary;
(c) the director in charge of solid waste matters;
(d) all sub-county administrators;
(e) the director in charge of public health matters;
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(f) all municipality or town managers in the county;
(g) the director in charge of trade matters;
(h) the director in charge of public works;
(i) the county commissioner or the representative;
(j) the director responsible for spatial planning;
(k) one person representing the National Environment Management
Authority;
(l) one person representing the county environment committee established
under the Environment Management and Coordination Act;
(m) one person representing community based organizations or non
governmental organizations engaged in solid waste management in the
county;
(n) one person representing generators of industrial waste;
(o) one person representing entities engaged in solid waste recycling,
composing or material recovery in the county;
(p) one person representing residents or neighbourhood associations;
(q) one person representing private waste collectors and transporters; and
(r) one professional qualified and experienced in matters related to
environment and solid waste management
The Committee may co-opt not more than three persons who are experienced in
matters related to solid waste management. The persons described under (h), (i), (j)
shall be appointed by the county executive member responsible for solid waste
management from amongst persons nominated by the respective organizations
The committee shall be responsible for –
Mombasa County Solid Waste Management Policy
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a) coordinating public and private sector engagement in solid waste
management in the county;
b) providing platform for public-private dialogue, consultation and
collaboration and participation in solid waste management in the county;
c) facilitating mobilization of county residents on solid waste management
in the county;
d) ensuring harmonization of public and private sector plans and programs
on solid waste management in the county;
e) receiving and considering reports from ward committees and advising the
county executive committee on appropriate policies, strategies and plans
to be adopted in the county on solid waste management;
f) monitoring and evaluating the implementation of county solid waste
management policies, strategies, plans and programs in the county; and
g) adjudicating in disputes emanating from solid waste management
processes in the county
The Committee shall hold meetings on a quarterly basis and shall regulate its own
procedure. The term of office for persons who are not public officers shall be 3 years
renewable for one and final term of 3 years.
2) Ward solid waste management committee
There shall be established a Ward Solid Waste Management Committee for each
ward which shall consist of–
(a) the ward administrator who shall be the chairperson;
(b) the officer in charge of environment in the ward who shall be the
secretary;
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(c) the Area Chief as designated by the National Government;
(d) the officer in charge of public health matters in the ward;
(e) the officer in charge of trade in the ward;
(f) the officer in charge of public works in the ward;
(g) one person nominated and appointed to represent community based
organizations or non-governmental organizations engaged in solid
waste management in the ward;
(h) two persons representing resident or neighbourhood associations in the
ward;
(i) one person representing entities engaged in solid waste recycling,
composting or material recovery;
(j) one person representing waste pickers in the ward;
(k) one person representing private enterprises providing waste collection
and transportation services in the ward; and
(l) one professional qualified and experienced in matters related to
environment and solid waste management.
The Committee may co-opt not more than three persons who are experienced in
matters related to solid waste management. The persons described under paragraph
(h), (i), (j) shall be appointed by the county executive member responsible for solid
waste management from amongst persons nominated by the respective
organizations.
The committee shall be responsible for –
a) coordinating public and private sector provision of in solid waste
management services in the ward;
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b) providing a platform for public-private dialogue, consultation,
collaboration and participation in solid waste management in the ward;
c) facilitating mobilization of county residents on solid waste management
in the ward;
d) ensuring harmonization of public and private sector strategies and
programs on solid waste management in the ward;
e) monitoring the implementation of this policy and other solid waste
management policies, strategies, plans and programs at the ward level;
f) monitoring the quality and adequacy of provision and delivery of solid
waste management services in the ward;
g) organizing and facilitating ward forums on solid waste management;
h) advising the county committee on appropriate legislative and policy
measures or public services to be adopted in ensuring effective
implementation of this policy and any legislation developed for
implementation of this policy
The Committee shall hold meetings on a quarterly basis and shall regulate its own
procedure. The term of office for persons who are not public officers shall be 3 years
renewable for one and final term of 3 years.
3.2.2. Planning and Performance Management
Implementation of the policy shall be undertaken through development of
environment sectoral plan (or sectoral plan dealing with solid waste management). In
accordance with the County Governments Act, the environment sectoral plan shall be
part of the County Integrated Development Plan (CIDP 2018-2022). The county
Medium Term Expenditure Framework (MTEF) and the County Fiscal Strategy Paper
shall adequately cover the strategies and programmes provided under the
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environment sectoral plan. The sectoral plan shall be implemented annually through
the annual development plan
Implementation of this policy shall be integrated with the county performance
management system through the sectoral plan. The annual performance contracting
and targets for respective departments responsible for implementation of this policy
shall be aligned to activities and programmes in the environment sectoral plan so as
to ensure complementarity and inter-sectoral approach in implementing this policy.
Data related to policy implementation shall be collected on a continuous basis in order
to inform decision making by the county executive and other sector stakeholders.
3.2.3. Legal and Administrative Reforms
In addition to programmes and projects to be designed under the environment
sectoral plan (or sectoral plan dealing with solid waste management), appropriate
legal reforms related to solid waste management shall be undertaken. There shall be
prepared for enactment or adoption laws, guidelines, standards and frameworks. Key
among them shall be enactment of County Solid Waste Management Bill.
3.2.4. Collaboration with National Government
As stipulated under Article 6 and 189 of the Constitution, the county government shall
institute measures to cooperate, collaborate, consult and partner with the national
government in implementing this policy as well as implementing national policies, laws
and standards related to solid waste management . In this regard, the department
responsible for solid waste management shall initiate intergovernmental collaboration
mechanisms with the national government ministry of environment and other
agencies responsible for matters related to environment.
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3.2.5. Staff Capacity Development
The department responsible for solid waste management shall in collaboration with
the department responsible for human resource management and the County Public
Service Board resource the department as well as other county departments
responsible for implementing this policy, with highly qualified professional staff in line
with respective policy measures. In addition, the department responsible for solid
waste management and department responsible for human resource management
shall develop and facilitate continuous professional and capacity development for all
relevant officers in various departments responsible for implementing this policy.
3.3. Policy Monitoring and Evaluation
3.3.1. Design of indicators
In order to ensure effective implementation of this policy, there shall be a continuous
monitoring of the results of programmes and activities undertaken to implement this
policy. The department responsible for solid waste management shall in collaboration
with national and county stakeholders design the core outcome indicators to be
adopted in measuring the results.
3.3.2. Monitoring and evaluation framework and system
This policy shall be evaluated in accordance with overall county monitoring and
evaluation framework, standards and system. The following requirements shall apply
in regard to policy monitoring and evaluation–
a) The department responsible for solid waste management shall designate
staff to be responsible for coordinating monitoring and evaluation of
implementation of this policy.
b) In each period of 3 months, the department responsible for solid waste
management shall prepare a report on the progress made in implementing
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the policy, which shall be submitted to county executive committee for
consideration and decision-making.
c) There shall be annual policy review, which shall involve all solid waste
management stakeholders. The review shall provide feedback on
successes, progress and challenges related to policy implementation and
whether policy outcome have been met in each year. The policy review
report shall be submitted to county executive committee for consideration
and decision-making
d) The policy shall be evaluated at the end of each period of 5 years to assess
the extent to which policy outcomes have been realized including policy
impact
e) The department responsible for solid waste management shall
disseminate policy evaluation reports to county solid waste management
stakeholders.
“TWO TRIANGLES” ANALYTICAL FRAMEWORK
Public Health Inclusivity
Collection User and Provider =
Environment Sound Institutions
Gov :
Disposal and Pro-active Policies
3Rs Financial
Reduce, Reuse, Recycle Sustainability
eee ee ee Integrated Sustainable Waste Management
Source: © David Wilson, Costas Velis, Ljiljana Rodi. Concept adapted from: Scheinberg, A., Wilson, D.C. and Rodic, L. (2010) Solid Waste Management in the World's Cities.
Earthscan for UN-Habitat.
WASTE MANAGEMENT HIERARCHY
Most preferred
Disposal
v
Least preferred
Source: UNEP (2011). Towards a Green Economy:
Pathways to Sustainable Development and Poverty Eradication.
Phone numbers
- 38715
- 201517
- 203017
- 201316
Phone numbers
- 2015 .............................. 17
- 387) ...... 15
- 2013 ..................................................................... 16
- 2030 ..................................................................................................... 17
Law clause
- art 2
- Article 10
- Article 69
- Article 1
- Section 2
- Article 6
- Article 4
- Article 43
Law code
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