- Dr Ayub Macharia said under the new law the number of dumping sites will drastically reduce.
- The Sustainable Waste Management Act was signed into law on July 8, 2022.
The Ministry of Environment has exuded confidence new law on sustainable waste management will end pollution.
Director of Environmental Education and Awareness Unit at the ministry Dr Ayub Macharia said under the new law the number of dumping sites will drastically reduce.
The Sustainable Waste Management Act was signed into law on July 8, 2022.
“Counties must ensure that the waste collection areas are zoned. They must ensure timely and regular collection of all solid wastes either through a door-to-door collection or from centralised collection points,” Macharia said.
Statistics from the ministry show that the country generates an estimated 22,000 tons of waste per day, calculated by assuming an average per capita waste generation of 0.5kg for a population of 45 million.
It is estimated that 40 per cent of the waste is generated in urban areas.
Given that urbanization is increasing by 10 per cent, by 2030 the Kenya urban population will be generating about 5.5 million tonnes of waste every year, which is three times more than the amount of waste generated in 2009.
Past inventories estimate that 60 per cent to 70 per cent of waste generated is organic, 20 per cent plastic, 10 per cent paper, one per cent medical waste and two per cent metal.
The ministry says inefficient production processes, low durability of goods, unsustainable consumption and production patterns lead to excessive generation of waste.
It is estimated that Kenya’s urban population will increase to 50 million by the year 2030, accounting for 62.7 per cent of the national population, further straining the capacity of Kenyan cities to provide critical waste management services to residents.
About 34.8 per cent (10 million) of the total population of Kenya resides in urban centres, with the largest five cities (Nairobi, Mombasa, Kisumu, Nakuru and Eldoret) accounting for a third of the urban population.
They produce 2400, 2000, 1000, and 500 tonnes of solid waste daily. As the scale of future urbanisation increases, waste management will pose growing socioeconomic, environmental and institutional challenges if adequate measures are not put in place.
Waste Management is a devolved responsibility under the Constitution.
However, most counties lack adequate infrastructure, governance mechanisms and dedicated funding for effective sustainable waste management.
Many have not set aside land for building waste management factories.
Most counties have uncontrolled dumping, mixed waste, dirty waste, very minimal value recovery from waste, and demand for more trucks and land for dumpsites, scavengers and insecurity.
This has led to the release of greenhouse gases into the environment, pollution and land degradation.
Macharia said the new Sustainable Waste Management Act 2021 will be handy in helping counties to tame waste.
According to the law, those found polluting the environment will be ordered to pay a fine of as much as Sh4 million or spend four years in jail.
The ministry has also developed a National Sustainable Waste Management Policy that will advance Kenya towards a more sustainable and circular green economy.
Macharia said the policy will move the country towards the realisation of the Zero Waste principle, whereby waste generation is minimised or prevented.
“It will help ensure that waste is collected, separated at the source, reused and recycled and that the remaining waste stream is destined for a secure, sanitary landfill,” he said.
Macharia said the National Environment Management Authority is implementing 10 minimums with counties in order to tackle the solid waste menace.
He said counties are also supposed to ensure waste collection facilities such as skips, bulk containers and waste cubicles are regularly emptied and do not become eyesores.
Counties must ensure that all the collected waste is transported using Nema-licensed vehicles to designated disposal sites and ensure a designated site for waste disposal.
Macharia said the devolved units must ensure that the disposal site is secured with a fence and a gate manned by a county government official to control the dumping and spread of waste outside the disposal site.
Counties must also ensure all incoming waste is weighed or estimated and the quantities recorded in tonnes.
Other roles that counties must play include developing and maintaining motorable roads inside the site to ensure ease of access during disposal and ensure that waste is spread, covered and compacted at regular intervals.
Counties must also put in place appropriate control measures for the management of dumpsite fires and enhance security and control of the disposal sites so that all illegal activities are contained.
The devolved units are, however, still grappling with how to handle waste as they do not have the necessary infrastructure in place.
The Sustainable Waste Management Act imposes a radical shift in waste management from a linear to a circular economy and the use of the waste hierarchy approach.
It seeks to promote sustainable waste management, improve the health of all Kenyans, and reduce air, land, freshwater and marine pollution.
The law targets non-hazardous waste.
According to the new law, waste must be segregated at source.
Failure to do so at the household level attracts a fine of Sh20,000.
A private sector entity that fails to comply with the provisions commits an offence and shall, on conviction, be liable to a fine of not more than Sh200, 000.
The person responsible for the private sector entity shall, in addition to the fine imposed on the entity, be liable to imprisonment for a term not exceeding three months.
Waste will be collected and transported by Nema licensed waste service providers to compost facilities or material recovery facilities.
“All waste service providers will collect, handle and transport segregated waste as provided under the Act,” it says.
Macharia warned waste service providers who contravene the provisions on segregation of the law, saying that they will upon conviction be liable to a fine not exceeding Sh 50,000 or imprisonment for a term not exceeding six months, or both.