Govt To Start Slapping Kenyans With Ksh20,000 Fine As NEMA Law Begins

The National Environment Management Authority (NEMA) will begin enforcing a law that will compel Kenyans to switch to using biodegradable garbage bags for organic waste collection, effectively banning the use of plastic garbage bags and bin liners.

This follows the expiration of a 90-day notice issued by the authority regarding the directive which aims to enhance the environmentally sound management of organic waste. This means that starting Monday, July 8, Kenyans will have to separate their waste into organic and non-organic trash.

On April 8 this year, NEMA issued a notice requiring all households, private and public sector institutions, religious organisations, and event organisers to segregate organic waste and place it exclusively in 100% biodegradable garbage bags or bin liners.

A photo of different types of waste disposable dust bins. /MICOOPE

It revisited a 2017 directive which saw the government impose a blanket ban on the manufacture, importation and use of plastic carrier bags and flat bags used for commercial and household packaging.

"From the foregoing therefore and to ensure environmentally sound management of the organic waste fraction, the Authority hereby directs that within 90 days from the date of this notice:

"All organic waste generated by households, private sector and public sector institutions, religious institutions, private and public functions and events; shall strictly be segregated and placed in 100% biodegradable garbage bags/ bin liners only.

"The waste collected in 1 above shall be collected separately (not mixed with other waste types) and transported to a designated Material Recovery Facility for further processing. The use of conventional plastic bags/ bin liners for collection of organic waste shall thus cease forthwith," read the statement in part.

To comply with this directive, all County Governments and private waste service providers licensed by NEMA will be required to provide their clients with 100 per cent biodegradable garbage bags or bin liners only.

NEMA referred to Section 12 of the Sustainable Waste Management Act, 2022 which requires that all public and private sector entities segregate non-hazardous waste into organic and non-organic fractions.

Furthermore, the segregated waste be placed in properly labelled and colour-coded receptacles, bins, containers and bags. All waste service providers are additionally mandated to collect, handle and transport segregated waste.

The Sustainable Waste Management Act stipulates that Kenyans who do not obey the directive upon conviction will be fined a sum not exceeding Ksh20,000 or imprisonment for a term not exceeding six months or both.

The enforcement is part of NEMA's plans to ensure that Kenya complies with international environment sustainability standards.

NEMA's directive is seen as a method of enhancing garbage collection in the country, particularly in Nairobi and other major cities after the illegal dumping of plastic waste contributed to environmental pollution and clogging of drainage systems, cited as the cause of the heavy flooding witnessed in the city.