1 
    
 
LEGAL NOTICE NO.……………  
 
THE SUSTAINABLE WASTE MANAGEMENT ACT  
(No. 31 of 2022 ) 
 
 
THE SUSTAINABLE WASTE MANAGEMENT (EXTENDED PRODUCER 
RESPONSIBILITY) REGULATIONS, 2022 
 
ARRANGEMENT OF REGULATIONS  
 
Regulation  
 PART I — PRELIMINARY  
  
1-  Citation.  
2-  Interpretation.  
3-  Object and purpose.  
4-  Application of the Regulations.  
  
 PART II - EPR OBLIGATION AND RESPONSIBILITIES  
  
5-  Extended producer responsibility obligations.  
6-  Execution of extended producer responsibility obligations.  
7-  Products covered under extended producer responsibility.  
  
 PART III - REGISTRATION OF PRODUCER RESPONSIBILITY 
ORGANIZATIONS  
  
8-  Registration of  extended producer responsibility  compliance schemes .  
9-  Requirements for registration of a producer responsibility organization . 
10-  Revocation, suspension or cancellation of registration certificate . 
11-  Approval of extended producer responsibility  compliance scheme by 
Authorit y. 
12-  Role of the Ministry . 
13-  Extended producer responsibility  plan. 
14-  Producer responsibility organization  obligations . 
15-  Charging and modulation of extended producer responsibility  fees. 
16-  Producer responsibility organization  finance . 
17-  Producer responsibility organization agreements . 
18-  Producer responsibility organization  governance . 
19-  Number of producer responsibility organization  s per product . 
20-  Registration certificate and operating license  2 
 Annual operating licence . 
21-  Fees. 
22-  Renewal of Registration . 
23-  Records keeping and reporting . 
  
 PART IV - EPR SCHEMES AND WASTE MANAGEMENT  
  
24-  Extended producer responsibility  and counties . 
25-  Extended producer responsibility  schemes and waste management.  
  
 PART V -LICENSING, MONITORING AND COMPLIANCE  
  
26-  Role of the Authority . 
27-  Oversight.  
  
 PART VI - GENERAL PROVISIONS  
28-  Appeals . 
29-  Penalties and offences . 
30-  Transitional provision . 
Table of content does not agree with real regulation  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 3 
 THE  SUSTAINABLE WASTE MANAGEMENT ACT, 2022  
(No. 31 of 2022 ) 
 
IN EXERCISE of the powers conferred by section s 13 and 33 of the Sustainable Waste 
Management  Act, 2022  the Cabinet Secretary for Environment and Forestry makes the following 
Regulations — 
 
THE SUSTAINABLE WASTE MANAGEMENT (EXTENDED PRODUCER 
RESPONSIBILITY) REGULATIONS, 2022 
 
 PART I — PRELIMINARY  
  
Citation.  1. These Regulations may be cited as the Sustainable Waste 
Management (Extended Producer Responsibility) Regulations, 
2022. 
  
Interpretation.   
 
 
 
 
 
 
 
 
 
 
 
 2. In these Regulations unless the context otherwise requires —  
 
“Act” means the Sustainable Waste Management  Act, 2022;  
 
“actors” means the  different players in the extended 
producer responsibility value chain;  
 
“Authority” means the National Environment Management 
Authority established under section 7 of the Environmental 
Management and Co -ordination Ac t,1999 ; 
 
“brand” means  a registered trade mark under which a 
product is sold ; 
 
 “brand owner” means  the registered owner of the trademark;  
 
“circular economy” means an environmental management 
approach that promotes  initiatives for designing and redesigning 
out waste  from products, extraction of maximum value from 
natural resources, closing of material loops and creation of new 
value from materials that would otherwise have been considered 
as waste;  
 
“collective extended producer responsibility compliance 
scheme ” means a system  where  producer execut e their extended 
producer responsibility obligations  in a producer responsibility 
organisation ; 4 
  
“converter” means an entity that transforms or combines 
secondary raw materials to produce a new product;  
 
“consumer,” means the end user of a product;  
 
“control audit”  means a study commissioned by the 
Authority to evaluate performance of the extended producer 
responsibility  schemes in order to confirm compliance or 
management systems implementation gaps ; 
 
 “compliance schemes,” refers to both individual and 
collective extended producer responsibility schemes;  
 
“Council” means the Waste Management Council 
established under section 6(2) of the Act;  
 
“deposit refund scheme” means a collection system that 
requi res a monetary deposit on a product at the point of sale  where 
consumers redeem the deposit  when they return the product;  
 
“extended producer responsibility”  has the meaning 
assigned under the Act ; 
 
“environmentally friendly” means the practice of reducing 
environmental degradation and pollution by making products that 
comply with environmental sustainability that includes minimal 
waste production, reusability, recyclability, composability , 
biodegrada bility and safe disposability;  
 
“environment sustainability” means responsible interaction 
with the environment to avoid pollution, depletion or degradation 
of natural resources and allow for long -term environmental 
quality;  
 
“free rider” means an individual or entity that does not 
contribute to a collective scheme but benefits from its existence 
and action  and it includes a producer who fail s to manage own 
products at the post -consumer stage; producers who under declare 
their volumes, or fail to de monstrate fulfilment of individual 
extended producer responsibility obligations, producer s in a 
pooled scheme who fail to pay their subscriptions, submit accurate 
information or fulfil their membership requirements;  
 5 
 “individual extended producer responsib ility compliance 
scheme ” means a system where  direct execution of the extended 
producer responsibility  obligations fall on  an entity that is a sole 
producer of a product;  
 
“mandatory initiatives” means producer responsibility 
compliance schemes implemented through government 
regulation;  
 
            “Ministry” means the Ministry for the time being 
responsible for matters related to waste management;  
 
“packaging” means the material in which a product is 
wrapped or covered in order to protect it or prevent it from being 
contaminated , facilitate handling, transportation and delivery and 
for purposes of these  Regulation s, shall also be considered as a 
product;  
Part I, section 2 – interpretations with regards  to the definition 
of packaging I believe it should be added that packaging could also be 
serving the purpose of transportation, not only protection against 
contamination.(Janne)  
  
“post -consumer” means a period after usage when a product 
or packaging is discarded  by a consumer  or becomes waste;  
 
  
“producer” means an entity that introduces goods, products 
and packaging into the country using authorised means by 
manufacturing, importing, distributing, converting, selling or re-
selling or otherwise brings;  
  
“product” means a good or packaging introduced in the 
Kenyan market by any entity or person through production, 
importation, franchising, marketing, a distribution outlet and 
channels , for consumption by the consumer;  
 
 “producer responsibility organi sation” means a producers’ 
membership organization set up to assume legal obligation to 
implement extended producer responsibility on behalf of its 
members in a collective extended producer responsibility 
compliance scheme ;  
 
“product life cycle,” means the process a product  goes 
through  in all its stages from raw material extraction, design, 6 
 production, transportation, distribution, consumption or use, 
repair and maintenance, recycling and end of life disposal;  
 
“recovery ” has the meaning assigned under the Act ; (is it 
possible to lift the definition from the Act to the regulations?)  
 
“regulator” means  government institutions with legal 
mandate to regula te products introduced in Kenya;  
 
“take-back”  means a  mechanism through which  producers 
collect their products from consumers ; 
 
 ‘Tribunal” means the National Environment Tribunal 
established under section 125 the Environmental Management 
and Co -ordination Ac t, 1999 ; 
 
            “waste” has the meaning assigned under the Act ; and (is it 
possible to lift the definition from the Act to the regulations?)  
 
“waste management ” means  to control and monitoring of 
production to minimise waste, handling of post -consumer 
products including segregation at so urce, collection and take back 
schemes, transportation, processing of material recovered from 
waste, treatment and safe disposal of unrecoverable materials.  
“Waste service provider” has the meaning assigned under 
the Act.  
  
Purpose.  3.  (1) The purpose of these Regulations shall be to —  
  
 (a) extend the responsibility of a producer over a product and its 
packaging during the entire life cycle of the product or its 
packaging;  
  
 (b) provide an overarching framework for establishment and 
operation of mandatory extended producer responsibility  
schemes ; 
  
 (c) optimize the life cycle approach to management of products and 
associated wastes ; 
  
 (d) enhance resource mobilization for management of products and 
sustainable waste management ; 
  
 (e) operationalization of polluter pays principle ; and  
  7 
  (f) promote collaborative approach in management of products and 
associated wastes ; 
  
Application of the 
regulations .  4. (1) These Regulations shall apply to — 
  
 (a) a producer;  
  
 (b) an individual extended producer responsibility compliance 
schemes; and  
  
 (c) a produ cer responsibility organisation . 
  
Products covered under 
extended producer  
responsibility.  5. (1)  These Regulations shall apply to the products  set out in the 
First Schedule . 
  
 (2) The products covered under these Regulations shall be those that 
negatively impact the environment and health due to — 
 
(a) the challenge they pose on — 
(i) reuse;  
 
(ii)  recyclability; and  
 
(iii) recoverability;  
 
(b) the high management cost of the products at post -consumer 
stage because of the — 
 
(i) quantities involved;  
 
(ii) hazardous nature;  
 
(iii) risks involved.  
  
 (3) The Authority may, in addition to the products listed in the First 
Schedule, advise the Cabinet Secretary to publish  a list  in the Gazette , 
of products which  may from time to time , be subjected to extended 
producer responsibility compliance schemes  under these Regulations . 
  
 PART II — EXTENDED PRODUCER RESPONSIBILITY  
OBLIGATION S 
  
Extended producer 
responsibility 
obligations.  6. (1) Every producer shall bear extended producer responsibility 
obligation to reduce pollution and environmental impacts of the 8 
 product that they introduce in to the market  and waste arising 
therefrom.  
 
(2) For purposes of  fulfilling th e obligation  under sub regulation  (1), 
a producer shall — 
 
(a) establish post -consumer collection and take back scheme which 
may include a deposit refund system ; 
 
(b) set up an individual or a collective  extended producer 
responsibility compliance scheme  or join a collective extended 
producer responsibility  compliance schemes ; 
 
(c) register and provide reports of the status of the implementation of 
their extended producer responsibility obligations  to the 
Authority  through the reporting system established by the 
Authority ; 
 
(d) design products and packaging   materials   that minimize  
waste, facilitate reuse,  recycling,  recovery, use of secondary  
raw material s where possible and are  environmentally 
friendly at their end of life ; 
 
(e) take financial, organizational and physical  responsibility for the 
management, treatment and disposal of their post -consumer 
products and end of life treatment for the waste generated by their 
products;  
 
(f) provide updated information on quantities of products they 
introduce into the national market, recyclability and reusability, 
interpretation of packaging labels, market traceability mechanism 
and any other prescribed information through reporting system 
established by the Authority ;  
 
(g)  provide consumer with information on their role on reuse, return , 
take back points, meaning of recycling and recovery labels and 
symbols on the products ; 
 
(h) raise awareness on management of post -consumer products that 
they introduce in the market ; 
  
(i) carry out product life cycle assessment in relation to their products 
for enhancing environmental sustainability;  
 9 
 (j)  support establishment of markets for secondary raw materials;  
 
(k) put in place circular economy initiatives and any other measures 
to reduce impact of their product on health and environment; and  
 
(l) fund research and development programs on emerging 
technologies to improve material recovery .  
  
 (2) A producer’s obligation in a collective scheme shall include, but 
not be limited to, the payment of membership fees to a registered and 
licensed producer responsibility organization.  
  
Execution of extended 
producer responsibility  
obligations . 
 7. (1) Every producer shall fulfil the obligations set out in regulation 
6 individually or collectively by either setting up an individual 
producer responsibility compliance scheme or joining an 
established collective extended producer responsibility 
compliance scheme . 
  
 (2) A producer may transfer part of or the entire extended producer 
responsibility obligations subject to a membership agreement to a 
collective extended producer responsibility compliance  scheme  
through a producer responsibility organisation, in which they take 
membership.  
  
 (3) Notwithstanding the  provisions in sub regulation (2 ) above, lack 
of an established extended producer responsibility compliance 
scheme  shall not exempt any producer from extended producer 
responsibility obligations.  
  
 PART III - REGISTRATION AND LICENSING OF PRODUCER 
RESPONSIBILITY ORGANIZATIONS  
  
Number of  
producer r espon sibility 
organizations per 
product.  8. (1) There shall be established producer responsibility 
organisation s per product  category listed in the First Schedule . 
Delete s ection shaded yellow  below  
 
(2) Notwithstanding sub regulation (1) above, the Authority may 
allow  for registration and operation of more than one producer 
responsibility organisation to accommodate for material variation 
and development of eco -design standards of the respective  
product  category  as per EPR guidelines   
 10 
 (3) The producer responsibility organisation shall establish 
appropriate mechanisms and structures for the management of 
each product under its respective category.  
 
(4) A producer  compliance scheme  shall apply to the Authority for 
registration and issuance of an annual operating licence before 
they can proceed to carry out extended producer responsibility 
obligations.  
 
(5) Part III, section 8:4 – I think an annual operating license might not be 
appropriate as it might hinder incentive to invest in facilities and 
equipment if there is not a longer license. Instead an inspection and/or 
monitoring mechanism could be considered to make sure that the PRO 
is complying. Offenses and fees could be used to sanction, not 
immediate revocation of the license since that create s a lot of 
uncertainty and  in the end puts a risk to the environment that waste 
will simply not be handled. I believe part III, section 17 (i) describes 
inspection that could be used for managing PROs and matters of 
operation license as well. (Janne)  
 
(6) A pr oducer responsibility organisation may  enter into formal 
agreements and cooperation frameworks for joint research, 
collection, take back schemes , appropriate  infrastructure,  end of 
life treatment and disposal  mechanisms for the products under its  
scope.  
  
Registration certificate 
and operating licence.  9. The Authority shall , upon approval of an  application for 
registration, issue a Certificate of R egistration and an Annual 
Operating L icence for extended producer responsibility 
compliance schemes for — 
 
(a) individual producer responsibility; and  
 
(b) producer responsibility organisation.  
  
Registration of extended 
producer responsibility 
compliance  schemes.  10. (1) A producer shall not introduce a product listed in the First 
Schedule to this Regulations into the country,  unless the producer 
has applied to the Authority for producer responsibility 
registration and obtained a Registration Certificate (not provided 
in the schedules) and a producer responsibility number from the 
Authority.  
  
 (2) A producer shall apply to the Authority for  registration of  an 
individual extended producer responsibility compliance scheme 11 
 in Form A set out in the Second Schedule and pay the fee set out 
in the Third  Schedule.  
(3) Not withstanding clause 2, the authority shall publish a call for 
PRO registration no later than 6 mont hs after publication of this 
regulation.  
  
 (4) The application under sub regulation (2) shall be accompanied by 
the following  documentation — 
  
 (a) Application form  
(b) a declaration that the company is the sole producer of the 
product in the  country  
  
 (c) a copy of Registration Certificate from the Registrar of 
Companies;  
  
 (d) a copy of the extended producer responsibility plan;  
  
 (e) copies of contracts entered into with actors of the extended 
producer responsibility  scheme.  
  
 (f) proof of payment of the fees set out in the Third Schedule;  
  
 (g) a copy of a dispute resolution mechanism for the actors in the  
scheme ; and  
  
 (h) a copy of  the Articles and Memorandum of Association of the 
company indicating that the sole business of the company is 
to undertake extended producer responsibility obligations on 
the specifie d products.  (Is this a new company for  individual 
compliance scheme – to be clarified  – we propose you delete ). 
(i) Copy of annual EPR audit report conducted by an 
independent auditor licensed by the Authority  
(during annual renewal)  
  
 (4) Upon receiving the application in sub regulation (2), the Authority 
shall issue the producer with a Registration Certificate in Form B set 
out in the Second Schedule , indicating the extended producer 
responsibility number.  
  
Requirements for 
registration of a producer 
responsibility 
organization.  11. (1) A producer responsibility organisation shall , before assuming 
any legal obligation to implement extended producer 
responsibility on behalf of its members,  apply to the Authority f or 12 
 registration  in Form A  set out in the Second Schedule and pay the 
fee set out in the Third Schedule.  
  
 (2) The application for producer responsibility organisation 
registration under sub regulation (1) shall be accompanied by the 
following documents — 
  
 (a) Application form  
(b) proof of registration by the Registrar of Companies as a 
company limited by guarantee under the  Companies Act ; 
  
 (c) A certified copy of current register of producer 
responsibility organisation  members   ; 
(d) Copies of contracts entered into with actors of the 
extended producer responsibility scheme  
(e) Certificate of Extended Producer Responsibility issued to all 
producers .  
(f) Certified copy of agreements with the approved waste service 
providers  
  
 (g) signed minutes of the annual general meeting;  
(h) Workplan developed in consultation with the Department 
responsible for Waste Management in each county on EPR 
implementation.  
  
 (i) a copy of the extended producer responsibility fees structure 
agreed among members calculated using guidance provided 
under these Regulations  (section 19.3) ; 
(j) Part III, section 11:2 (d) – add the reference to the section where 
the calculation guidelines can  be found, it was not clear to me 
where they are stated. (Janne)  
  
 (k) a progress report on achievement of set  targets , in case of 
renewal of registration ; 
  
 (l) a copy of annual  EPR audit report conducted by an 
independent auditor licenced by the Authority ; 
  
 (m) a copy of list of directors of the company issued by the 
Registrar of Companies ; 
  
 (n) a copy of the Pin Certificate  issued by the Kenya Revenue 
Authority ;  
  
 (o) a copy of a lease agreement or proof of ownership of the 
facility of operation ; (please clarify)  
  13 
  (p) an extended producer responsibility plan prepared in 
accordance with the requirements stipulated under these 
Regulations;  
  
 (q) a budget or financial plan for the scheme ; 
  
 (r) a copy of signed minutes of the meeting adopting the updated 
extended producer responsibility plan signed by 
representatives of products within the category;  
  
 (s) an organogram for the producer responsibility organisation;  
(t) Workplan and budget for the coming year;  
(u) Certified copy of a nnual audited financial accounts;  
  
 (v) Copy of a dispute resolution mechanism for the actors in the 
scheme ; 
  
 (w) a copy of the Memorandum of Association of the company 
declaring that the sole business of the company is to undertake 
extended producer responsibility obligations on behalf of the 
members ; and  
  
 (x) proof of payment of the fees set out in the Third Schedule.  
 
For online applications, 
they will attach scanned 
original copies  (y)  
  
Interchange Interim 
application to come 
before the main 
application.  (3) The Authority shall, before processing the application under sub 
regulation (1), issue an interim permit to the producer responsibility 
organisation in Form C set out in the Second Schedule, for a period of 
ninety days (I propose six months since the attac hments are many) to 
enable the producer responsibility organization undertake stakeholder 
engagement and sensitisation of members.  
  
 (4) The producer responsibility organisation  shall submit the 
following documents to the Authority for consideration bef ore the 
interim permit is issued — 
  
 (a) Application form  
(b) minutes of the meeting of the producer responsibility 
organisation, which should have a minimum of thirty companies 
in attendance;  
  
 (c) a  copy  of business name reservation at the Registrar of 
Companies;  14 
   
 (d) a list of interim officials of the producer responsibility 
organisation elected at the meeting , drawn from different products 
in the category ; and  
  
 (e) a list of the members of the producer responsibility organisation.  
  
 (5 Check on numbering ) Upon the lapse of the ninety  (one hundred 
and ei ghty) days of the interim permit issued under sub regulation ( 3), 
the Authority shall, on verification of the application for registration, 
issue a Certificate of Registration to the producer responsibility in 
Form B set out in the Second Schedule.  
  
 (6) The Certificate of Registration issued above shall indicate the 
extended producer responsibility number.  
  
 (5 repeated ) Every producer (clarify) or producer responsibility 
organisation shall register its members using the producer 
responsibility number indicated in the Certificate of Registration 
issued under sub regulation (4).  (sub regulation 4 not clear ???).  
 
6. 1. Contracts entered between the producer and the PRO shall be 
annual.  
2. A producer shall not switch from one PRO to another unless at  the 
beginning of a new contract  year and a fter giving a 3 months’ notice  
to the PRO and copying the same to NEMA . 
  
Revocation, suspension 
or cancellation of 
Certificate of 
Registration.  12. (1) The Authority may revoke, suspend or cancel an extended 
producer responsibility Certificate of Registration if the individual 
extended producer responsibility compliance scheme  or the 
producer responsibility organisation does not comply with 
statutory requirement s or fails to meet the national target set out 
in the extended producer responsibility agre ement entered into by 
the parties  in the collective scheme.  
  
 (2) A producer responsibility organization  whose Registration 
Certificate has been revoked  may apply  to the Authority for 
registration upon  compliance with the conditions set out in the 
revocation . 
  
Annual operating licence.  
Section 12 and 14 should 
follow each other and 
duplication removed  13. (1) A producer or producer responsibility organisation shall, upon 
registration, apply to the Authority for an annual operating licence 
in Form D set out in the Second Schedule and pay the  fee set out 15 
 in the Third Schedule to undertake producer responsibility 
obligations for products listed in the First Schedule.  
  
 (2) An application for an annual operating licence under sub 
regulation (1) shall be accompanied by the following documents — 
  
 (a) a copy of the progress report for the preceding year ; 
  
 (b) a copy of the list of Directors of the Company issued by the 
Registrar of Companies  
  
 (c) a certified copy of current register of producer responsibility 
organisation  members ; 
  
 (d) certified copy of agreements with the approved service  
providers ; 
  
 (e) a copy of the Certificate of Registration ; 
  
 (f) a work plan and budget for the coming  year; 
(g) Workplan developed in consultation with the Department 
responsible for Waste Management in each county on EPR 
implementation.  
(h) Copy of annual EPR audit report conducted by an independent 
auditor licenced by the Authority.  
  
 (i) Certified audited financial accounts ,  
  
 (j) proof of payment of the  fees set out in the Third Schedule.  
(k) signed minutes of the annual general meetin g. 
  
 (3) The Authority shall issue an annual operating licence  in Form E 
set out in the Second Schedule  to individual producers’ extended 
producer responsibility compliance schemes and producer 
responsibility organisations that fulfil their performance standard s as 
set out in the work plan  and are assessed to be of good standing by the 
Authority.  
  
Revoca tion, suspension 
or cancellation of licence.  
(12 and 14 are similar)  14. (1) The Authority may, after the issuance of an annual operating 
licence — 
(a) cancel or revoke such licence; or  
 
(b) suspend such licence, for such time, not more than twenty -
four months,  
 
where the licensee contravenes the provisions of the licence.  16 
  
(2) Whenever a licence is revoked, suspended or cancelled, the holder 
thereof shall not proceed with the  extended producer 
responsibility scheme and each individual member of the producer 
responsibility organisation  shall be responsible for the 
management of their product.  
(3) Part III, section 14:2 – in case of revocation of a license  in Denmark or 
if a PRO files for bankruptcy et c. there is a pre -paid collateral 
security/deposit paid to ensure that the expenses for waste collection 
and treatment can be paid  during  the period of liquidation of the PRO. 
It is typically expenses for collection and treatment covering a period 
between 6 and 9 months that is pre -paid as deposit.(Janne)  - to be 
included in the guidelines  
 
(4) In case the producer responsibility organisation  licen ce is 
revoked , the members shall nominate an interim committee to 
manage the producer responsibility organisation  for a period not 
exceeding six months within which the producer responsibility 
organisation  shall reorganize itself.  
 
(5) Where the Authority cancels, revokes o r suspends a licence in 
accordance with this regulation , the Authority shall indicate, in 
writting, the reasons for such cancellation, revocation or 
suspension.  
 
(6) Where the Authority acts as per clause 5, the Authority may also 
prohibit the producer from pl acing the polluting product and packaging 
on the market  (AG to confirm if this is a non -tariff barrier) . 
  
Approval of extended 
producer responsibility  
compliance scheme by 
Authority.  15. (1) The registration of an individual extended producer 
responsibility compliance scheme  shall be approved by the 
Authority for a maximum period of four years , which shall be 
renewable,  on condition that the producer demonstrates proof of 
operational, technical, managerial and financial capacity to meet 
their extended producer responsibility  obligations and the national 
targets.  
 
(2) The registration of a p roducer responsibility organisation shall be 
approved by the Authority for a maximum period of four years , 
which shall be renewable, on condition that the produce r 
responsibility organisation demonstrates technical, managerial, 
financial and staffing and operational capacity to fulfil the 
requirements set out in the articles of association and agreements 
set by the members and stakeholders in the value chain.  17 
   
Extended producer 
responsibility plan.  16. (1) Every individual and collective extended producer 
responsibility  compliance scheme  shall , prior to   registration  (we 
may need to give deadline for submission of this document) , 
develop and submit a four-year EPR plan to the Authority 
indicating the following — 
  
 (a) the baseline for the products and packaging  handled;  
(b) Plan fo r safe handling , processing  and disposal of 100% 
equivalent volume of  products  declared by the producer .  
  
 (c) Plan to meet national targets for reuse, recycling or recovery  
operations  and end of life mana gement ; 
(d) Plan for continuous additionality in material recovery  and 
recycling  including circularity . 
  
 (e) a collection, logistics, recycling and composting system and end 
of life  disposal  mechanism ; 
  
 (f) modulation of extended producer responsibility membership fees 
and parameters based on environmental sustainability criteria ;  
  
 (g) a program on public awareness and consumer education and 
information on waste segregation and proper handling of post -
consumer  products;  
  
 (h) a verifiable paid up  membership  list; 
  
 (i) a list of service providers and actors in the  scheme;  
  
 (j) an eco-design standard operating procedure for the products 
handled by the  scheme;  
  
 (k) a mechanism of controlling banned or dangerous substances’ in  
products  handled by the scheme ; 
  
 (l) an annual reporting mechanism;  
  
 (m) a plan or projection on training and capacity building of members 
and actors in the  scheme;  
  
 (n) a schedule on monitoring of members, product traceability 
system, inspections and compliance with these Regulations ; 
  18 
  (o)  a model of financing the scheme  integrating financial flows to 
the entire value chain actors ; and 
  
 (p) any other actions necessary for execution of responsibility 
requested by the Authority.  
  
 (2) Every producer responsibility organisation  shall submit an annual 
work  plan and pr ogress report to the Authority.  
  
Producer responsibility 
organisations obligations.  17. A producer responsibility organisation shall — 
  
 (a) at an agreed upon fee, be responsible for executing extended 
producer responsibility obligations on behalf of its members ; 
  
 (b) take the organisational and management responsibility for 
collection, sorting, material recovery, recycling, treatment and 
end of life mana gement of its members’ products;  
  
 (c) be responsible for establishing post -consumer collection and take 
back schemes which may include a deposit refund system ; 
  
 (d) be responsible for modulation of extended producer responsibility 
fees according to established environmental criteria listed in 19.3 
on product design, useful life and end of life management as set 
out in the membership registration requirements and as re viewed 
during the annual members’ general meeting;  
  
 (e) be responsible for raising awareness on waste prevention, post -
consumer product management and payment of a contribution to 
finance cross -sectorial communication campaigns in their 
territory of operat ion; 
  
 (f) undertake market development for the secondary raw materials 
market of  the products under their scope;  
  
 (g) fund research and development programs on emerging 
technologies to improve material recovery;  
  
 (h) set for its members’ minimum targets for reuse, recycling and 
recovery based on the national targets set in accordance with 
regulation 12 and may offer ince ntives for waste service providers 
and informal waste holders to encourage sorting of wa ste at 
source;  
  19 
  (i) undertake organised monitoring of its membership activities to 
ascertain that objectives are being achieved and to trigger 
inspections in view of applying sanctions to members who fail to 
fulfil their membership obligations;   
  
 (j) communicate to county governments the information they have on 
the quantities of waste collected and recovered through the 
extended producer responsibility mechanisms that have been 
declared in their territory of operation;  
  
 (k) comply with the sustainable  waste management objectives set by 
the Authority ; 
  
 (l) shall hold an annual general meeting to deliberate on the progress 
and performance of the organization, governance, manage ment 
and administrative systems;  
  
 (m) ensure effective management and harmonious relations between 
the differen t actors involved in the scheme;  
  
 (2) The amount, ceiling and collection methods for the fee under sub 
regulation (1)  (a) shall be as set out in the terms of reference of the 
contract.  (there is no 1a) . 
(3) PROs shall establish a registry and data centres for their respective 
members, products and submit report to the Authority quarterly . 
  
Additional requirements 
on p roducer 
responsibility 
organisations.  18. (1) The members of the producer responsibility organisation shall 
provide financial contributions which shall be used in their 
entirety to accomplish the extended producer responsibility 
obligations as set out in regulation 17 . 
  
(2) Subject to conditions and limi tations set out in the producer 
responsibility organization agreement , a proportion of the waste 
recovered by producer responsibility organisations may be set 
aside for reuse or for recovery of usable parts.  
 
(3) A producer responsibility organisation may recommend to the 
Authority to restrict or ban harmful or dangerous substances that 
undermine environmental sustainability in the products of its 
membership.  
 
(4) A producer responsibility organisation may establish any other 
lawful  mechanisms and systems for enforcing extended producer 
responsibility of its members.  
 20 
 (5) A producer responsibility organisation may verify data provided by 
producers with relevant agencies.  
 
(6) Every producer responsibility organisation shall engage waste 
service provider s licensed by the Authority and the respective 
county  government.  
 
(7) All producers shall not place their products in the market if they are 
not listed in the Authority’s register.  
 
(8) All retailers  within the product value chain shall only place 
products in the market from producers published in the updated 
register of the Authority.  
  
Charging and modulation 
of extended producer 
responsibility fees.  19. (1) Members to a collective extended producer responsibility  
compliance scheme shall pay registration fees to the relevant 
producer responsibility organization, which shall then assume 
responsibility for the post -consumer and end of life management 
in lieu  of the producers’ products.  
 
(2) Members of a collective extended producer responsibility  
compliance scheme shall contribute an annual subscription fee 
towards a collective extended producer responsibility compliance 
scheme.  
 
(3) Members of a collective extended  producer responsibility  
compliance scheme shall pay extended producer responsibility 
fees, calculated using the same parameters for all the producers in 
a given scheme, and shall vary from one producer to  another 
taking into account the — 
(a) quantity of products introduced to the  market;  
 
(b) existence of mechanism for segregation of products 
at source;  
 
(c) recyclability and recoverability of  the products;  
 
(d) existence of markets for use of producer’s 
secondary raw  material;  
 
(e) absence or presence of hazardous or none hazardous 
but disruptive  additives; and  
 21 
 (f) products with or without defined environmental 
foot prints.  
 
(g) Fulfilment of obligations listed in section 6(2).  
 
 
(4) The producer responsibility organisation shall submit to the 
Authority extended producer responsibility  fees structure agreed 
among members calculated in accordance with sub regulation (4).  
(sub-regulation 4 not clear)  for concurrence.  
 
(5) The amount, ceiling and collection methods for the determination 
of financial contribution under this regulation  shall be as set out 
in the terms of reference of the membership agreement.  
  
Producer responsibility 
organisation  finance . 20. (1) Funds  for the PRO shall include disbursements provided under 
section 19 from producers and donations from other sources.  
(2) The extended producer responsibility fees paid into the 
producer responsibility organisation  shall be used 
for— 
 
(a)  putting in place post-consumer products collection, logistics, 
recycling, recovery and safe disposal.  
 
(b) engagement of downstream partners in the chain who take 
back, recycle and treat and end -of life product disposal.  
 
(c) consumer education and public awareness on sustainable  
waste management practises;  
 
(d) training and capacity building of actors in the scheme 
including but not limited to waste service providers, 
transporters and recyclers;  
 
(e) management and administrative overheads of the extended 
producer responsibility system;  
 
(f) establishment and develop ment of  secondary markets and 
uses for the products under their scope;  
 
(g)  establish research and development programs with registered 
research institutions on emerging technologies to improve 
material recovery , removal of pollutan ts, additionality and 22 
 circularity  and effective systems for handling post -consumer 
products;  
 
(h) development of eco -design and eco -labelling standards in 
consultation with the body responsible for standards for 
products under their scope  ; 
 
(i) Support purchase and maintenance of m achinery and 
equipment to support waste collection , processing,  recovery  
and safe end of life treatment ; and  
 
(j) providing g uidance to members on eco -design standards of 
their products and recycler -friendly packaging.  
 
(2) The fees received under sub regulation (1) shall not be used for 
profit making purposes.  
 
(3) All proceeds shal l be ploughed back to the scheme to enhance 
sustainable waste management initiatives.  
  
Producer Responsibility 
Organization 
Agreements.  (3) A producer responsibility organization shall enter into 
formal agreements with their members, waste service 
providers, recyclers and other key actors as required 
by the compliance scheme.  
  
Producer responsibility 
organization governance.  (4) (1) Members o f a producer responsibility organisation 
shall be  responsible for the management of the 
producer responsibility organization.  
 
(2) The producers shall be shareholders of the producer 
responsibility organization to which they belong.  
  
Record keeping and 
reporting.  (5) (1) All producers shall maintain updated records of 
products managed, eco -design standards, contracts 
entered into with agents,  licensed waste service 
providers and recyclers, and level of performance as 
per the work plan.  
 
(2) All extended producer responsibility compliance schemes  shall 
maintain updated records of products managed, eco -design 
standards, contracts entered into  with agents,  licensed waste 
service providers and recyclers, and level of performance as per 
the work plan.  
 23 
 (3) All extended producer responsibility  compliance schemes  shall 
publish their annual extended producer responsibility reports by 
31st January  of every year.  
 
(4)  All extended producer responsibility sch emes both individual and 
collective shall submit up -to date annual report of the preceding 
year to the Authority by January 31st of every year.  
 
(5) All extended producer responsibility  compliance s chemes shall 
provide annual reports on volumes of products col lected, 
transported and subjected to end -of life treatment to the respective 
counties . 
 
(6) The Authority shall establish a reporting mechanism for all the 
individual and collective extended producer responsibility 
schemes.  
  
 PART IV – ROLES AND RESPONSIBILITIES  
  
Role of the Ministry.  (6) The Ministry shall, upon  recommendation by the 
Authority —  
 
(a) issue, by notice in the  Gazette , collective  national   
objectives, frameworks and targets   for extended  
producer responsibility compliance schemes;  
 
(b) issue appropriate manuals and procedures to support 
implementation of these Regulations;  
 
(c) publicize the national targets and procedures ; and  
 
(d) facilitate stakeholder consultations on formulation and 
operation of producer responsibility organisations.  
  
Role of the Authority.  (7) The Authority shall monitor the operation of extended 
producer responsibility schemes and producer 
responsibility organization s, by setting operational 
procedures  and targets including — 
 
(a) registrat ion of producers bearing extended producer 
responsibility obligations;  
 
(b) issuance of certificate of registration of extended producer 
responsibility for individual and collective schemes;  24 
  
(c) renewal of registration and issuance of annual operating 
licenses;  
 
(d) determin ing and review ing the terms of ref erence for 
registration and certification  from time to time;  
 
(e)  undertak ing periodic review of extended producer 
responsibly targets;  
 
(f) maintain ing a  publicly accessible register  of all registered 
and licensed individual and collective extended producer 
responsibility schemes  and producer responsibility 
organisations ;  
 
(g) updating the list of covered products within the extended 
producer responsibility;  
 
(h) Updating register of producers compliant with this 
regulation based on data provided by PROs  
 
(i) maintain and update periodic data transmitted by producer 
responsibility organization;  
 
(j) publishing annual status reports of extended producer 
responsibility compliance scheme s; 
 
(k) evaluating the operations of extend ed producer 
responsibility schemes ; 
 
(l) ensuring proper implementation of extended producer 
responsibility schemes, including control audit, 
assessment of product and waste chains  including, inter 
alia, quantities marketed, waste collected and treated ; 
 
(m) verify that producer responsibility organizations comply 
with the terms of their authorisation, and take measures to 
sanction those that do not comply;  
 
(n) Determine minimum EPR fees in consultation with PROs  
o) Commit all finances generated from PROs to operationalize 
this regulation .  25 
 (o) designation of products to be included in the First 
Schedule; and  
 
(p) undertak ing capacity building and public awareness to 
support implementation of this regulation.  
 Part IV, section 25 – I believe there are many administrative tasks placed on 
NEMA and/or the MoEF. In Denmark at least some of the finances to cover 
these administrative tasks are paid by the PRO’s eg. inspection and 
monitoring as part of the registration  / yearly fee. (Janne)  
 
Role of county 
governments.  (8) Pursuant to section 17 of the Act, each County 
government shall — 
 
(a) set up appropriate facilities for disposal of waste disposal  
(make this last) ; 
(b) work with producer responsibility organisations to  ensure  
proper collection, transportation, sorting and disposal of waste 
products ; 
 
(c) facilitate the establishment of intercountry waste management 
infrastructure;  
 
(d) Facilitate PROs to develop and implement county workplans 
for EPR implementation.  
 
(e) collaborate with producer responsibility organisations to 
establish appropriate mechanisms for the operationalisation of 
the extended producer responsibility schemes established 
under these Regulations.  
 
(f) undertake public sensitisation and awareness on waste 
segregation and management; and  
 
(g) publish and maintain an updated inventory of waste service 
providers.  
  
Oversight.  (9) (1) All registered and licensed schemes shall be subject 
to oversight by the Authority.  
 
(2) All extended producer responsibility compliance scheme s 
shall be monitored and audited annually by the Authority to 
ascertain  the attain ment of  the scheme’s  objecti ves and  to 26 
 determine Kenya’s position in relation to the objectives set for 
waste management.  
 
(3) The data gathered through the audit carried out under sub -
regulation (2) shall  be used to improve the performance and 
regulatory process of the schemes and to sanction schemes 
that are not in compliance.  
 
(4) The Authority shall , in consultation with the Council, 
recommend to the Ministry collective national objectives, 
frameworks a nd targets for extended producer responsibility 
compliance schemes.  
  
 PART VI – GENERAL PROVISIONS  
Appeals.   
(10) (1) Any person aggrieved by any decision of the 
Authority  under these Regulations may  file an appeal 
at the Tribunal.  
 
(2) Any person who is aggrieved by —  
 
(a) the grant of a licence or certificate or a refusal to grant a 
licence or certificate under these regulations;  
 
(b) the imposition of any condition, limitation or restriction on a 
licence or certificate issued under these regulations;  
 
(c) the revocation, suspension or variation of a licence or 
certificate of registration issued under these regulations; or 
 
(d) the imposition of an environmental restoration order or 
environmental improvement order by the Authority under 
these Regulations , 
 
may within sixty days after the decision , make an appeal to the 
Tribunal.  
  
Penalties and offences.  (11) (1) An individual extended producer responsibility 
compliance scheme  or a producer responsibility 
organization commits an offence by wilfully fail ing to 
undertake any obligation  under these Regulations and 
shall be liable upon conviction to the penalty set out in 
sub regulation (2).  
 27 
 (2) Upon conviction by a court of law for the individual extended 
producer responsibility compliance scheme  under sub regulation 
(1), the court shall order the offender to bear  the cost of 
management of the said obligation .  
(3) Anybody  who places in the market a product on behalf of a 
producer who is not listed in the register published by the 
Authority as per section 17(3) commits an offence and shall be 
liable upon conviction to a fine of not less than Kshs 500,000 per 
product or to o ne year imprisonment or to both.  
 
(4) A producer or producer responsibility organization commits an 
offence when the producer or producer responsibility organization 
gives misleading or false information on quantities held or 
managed under the extended produc er responsibility  scheme .  
 
(5) A producer who is not a member of a related produc er 
responsibility organization, a free rider and does not fulfil their 
individual obligations commits an offence.  
  
General penalty.  (12) A person who con travenes a provision of these 
Regulations  for which a penalty has not been provided 
shall, on conviction, be liable to  the penalty provided 
under section 32 of the Act.  
  
Transitional Provision  (13) Any producer who , before the commencement of 
these Regulations was producing any of the products 
listed in the First Schedule shall apply to the Authority 
for a registration within six months after the 
commencement of these Regulations and shall ensure 
compliance with the provisions of these Regulations.  
 
 
 
          FIRST SCHEDULE               (r.5(1)  
 
LIST OF PRODUCTS AND PACKAGING SUBJECT TO EXTENDED PRODUCER 
RESPONSIBILITY COMPLIANCE SCHEME  
 
1. Packaging for non -hazardous products (plastics,, aluminium, composite, paper and its 
corrugates, glass, cardboardand  carton).  
2. Hazardous products’ packaging (Industrial chemicals, oil and lubricants, 
pharmaceuticals, agrochemicals, veterinary, cosmetics, paints and solvents) , treated 
wood  and agricultural  films  28 
 , 3. Electrical and Electronic Equipment, Mercury Auto Switches, thermostats, Battery 
and Accumulators  
4. End of life motor vehicles, automobiles, aircrafts,  locomotives  
5. Non packaging items (Plastics, glass, paper, cardboard), Furniture (except wooden, 
metallic), Rubber and Tyres, textiles, leather, artificial hair, diapers, sanitary  towels.  
 
 
SEC OND SCHEDULE : FORMS  
                                       FORM A               (r. 10(2), 11(1))  
APPLICATION FOR PRODUCER RESPONSIBILITY REGISTRATION  
 
PART A: DETAILS OF APPLICANT   
Al: Name of  applicant (Individual or Firm)… ……………………………………………  
 A2: Nationality…………………………… ………………………..………… ………….  
 A3: PIN No………………………… ……………………………………………....……  
 A4: Business Registration No. (where applicable)  ………………………..Date .…………  
 A5: Postal Address………………………………………………………………………….  
 A6: Telephone No…………… ……………………..………. …………………………… …. 
A7. P hysical Location…………………………… ……………………………………………  
 A8: Email: …………………………………………… …………………..………………….  
A9. Contact Perso n…………………………………… Designation…… …………………………  
Email…………………… ………………… Mobile No……………………………………..  
A10: Indicate the categor y(s) of producer you belong (tick  appropriately)  
i. Manufacturer,  
ii. Importer,   
iii. Refiller,  
iv. Repackager,   
v. Rebrander,  
vi. Brand owner,  
vii. Converter,  
viii. Others…  ................................ ..........  (please  specify)  
 
29 
 A11: List of Products and packaging (attach another page if necessary) 
……………………………………………………………… ………………  
 
PART B: DECLARATION BY APPLICANT  
 
 I hereby certify that the particulars given above are correct and true to the best of my kn owledge and 
belief …………………          ………………………       ………………….  
Signature of applicant           Full name in block letters            Position  
 
 On behalf of……………………………………………..……… Date……………………..  
Firm Name and seal  
 
 
PART  C: REQUIREMENTS  
Please submit the following attachments:  
(a) Application Form;  
(b) Certificate of Registration for the Company.  
(c) Documents indicating the type of products and packaging introduced to the Kenyan Market  
 (b)  The prescribed fee: Payable to:  
Account Name : NEMA Revenue Account  
Account No. 1102298158  
Bank: KCB, KICC Branch  
Director -General,  
The National Environment Management Authority (NEMA),  
Kapiti Road, South C,  
P.O. Box 67839 – 00100,  
NAIROBI, KENYA.  
 
Tel. 254 -020-609013/27/79 or 608999 Fax 254 -02-608997     E -mail: dgnema@swiftkenya.com  
 
NB: Certificate of registration for the individual producer missing.  
 30 
   31 
  
SECOND SCHEDULE  
                                      FORM B                                 (r. 10(4),10(5))       
 
EXTENDED PRODUCER RESPONSIBILITY  
CERTIFICATE OF REGISTRATION  
Certificate No……….  
 
          This certificate has been issued to …………… ………………………………… (Extended 
Producer Responsibility name) in fulfilment of the extended producer responsibility registration 
requirement s in compliance with the Environmental Management and Coordination (Extended 
Producer Responsibility) Regulations 2021 . 
Date of issue: …………………………………………..  
Expiry Date;…………………………………………….  
 
Signature …………………………………..  
Director General  
National Env ironment Management Authority   
 
 
 
 
 
 
 
 
 
  
32 
  
 
FORM C      (r.11 (1)) 
INTERIM PERMIT FOR PRODUCER RESPONSIBILITY ORGANIZATION  
 
DIRECTOR GENERAL  
NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY  
Permit Number: ………………………………..  
This is  to authorize  ................................ ................................ ................................ ................  (Name  
of Producer Responsibility Organization) to undertake extended producer responsibility 
obligations  for ................................ ................................ ................................ ...........  (name  of 
product (s). 
This permit  is  valid  for   a   period   of   three   (3)   months from  ………………..  (Date of 
issue)  to…………………………………… (Date of expiry).  
NOTE : This permit is not a guarantee for registration certificate.  
 
Signature……………………………..........  
 
DIRECTOR GENERAL  
NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY 
  
 
SECOND SCHEDULE                         
FORM  D                                       (r.13 (1)) 
  APPLICATION FOR LICENCE TO OPERATE INDIVIDUAL /COLLECTIVE 
PRODUCERS EXTENDED PRODUCER RESPONSIBILITY SCHEME  
1. I hereby apply for a licen ce to undertake exten ded producer responsibility objectives for 
………………………………( Category  name) of which particulars are as given below;  
Full Name of Applicant or contact person…………………………………………….  
Name of company on behalf of which the application is being made (if applicable) 
………… ……………….......................  
Producer responsibility registration number/Producer Responsibility Organization registration 
number  (in case of renewal) ……………………………………………………………………..  
Registered address of Applicant/Company ………………………………………….  
    (Address and postcode ) 
Physical Locality :( location, building)         …………………………………………….  
County                                                       …………………………………………..  
Phone/Mobile number                               ………………………………………….  
E-mail Address                                          ………………………………………….  
PIN Number                                                …………………………………………..  
Company Registration Number                 ………………………………………..  
    (If applicable)  
 
2. Production and product lifecycle management  
 Delete since this is a PRO application  
2.2 List product (s)  for collective schem e  
…………………………………………………………………………………………………  
- 
……………………………………………………………………………………………………..  
2.4 Describe circular economy initiative for your product(s) [reuse, recyclability, 
recove rability, energy efficiency  (attach additional pages as necessary ] 
…………………………………………………………………………………………….  
2.5 What is the estimated annual volume/quantity of product(s) introduced into the market?  
……………………………………………………………………………………………………..  
  
34 
 2.6 State the estim ated annual amount of your product/product components at post -consumer 
stage. 
…………………………………………………………………………………………………..  
 
2.7 State mechanisms put in place for identification and tracking of your product(s)?  
……………………………………………………………………………………………………  
 
3 Attach the following documents together with the application form  
(a) Proof of registration as a company limited by guarantee as provided by the Companies 
Act Kenya ; 
(b) Copy of list of directors ( CR12 ) issued by the Registrar of C ompanies ; 
(c) Kenya Revenue Authority  (KRA) Pin Certificate ; 
(d) A copy of lease agreement/ proof of ownership of the facility of operation ; 
(e) The Extended Producer Responsibility Plan ; 
(f) Budget/financial plan of the proposed scheme ; 
(g) Signed minutes of the meeting adopting the extended producer respon sibility plan signed 
by representatives of products with in the c ategory (for collective schemes)  
(h) List of members of the producer responsibility organisation  per product  
(i) Proposed organogram for the producer responsibility organisation  
(j) Provide a dispute res olution mechanism for the actors in the scheme  
(k) Copy of the Memorandum of Association of the company declaring that the sole business 
of the company is to undertake extended producer responsibility  obligations on the 
specific products.  
(l) proof of p ayment of the relevant fees to the Authority . 
 
 
 
  
35 
  
 
SECOND SCHEDULE  
             FORM  E        (r.13(3)  
ANNUAL LICENCE TO OPERATE AN EXTENDED PRODUCER RESPONSIBILITY 
SCHEME  
License number:  ………………………………………………………………  
Application Reference:  …………………………………………………………..  
Name………………………………………………………………………………  
Postal Address: ……………………………………………………………………  
You are hereby licensed to undertake Extended Producer Responsibility Obligations for 
………………………. ( Category )  
This License is valid from………… (date of issue) to ……………… (date of expiry)  
This license is subject to th e following conditions (see over leaf).  
Date issued: ……………………………………………………………………….  
 
   
36 
 THIRD  SCHEDULE: FEES       (r.10(2), 11(1), 13(1)  
 
Director General  
National Environment Management  Authority  
Application fees  
Registration  
1. Collective Extended Producer Responsibility Schemes – Ksh. 10,000  
2. Individual Extended Produce r Responsibility Schemes - Ksh. 5,000  
Renewal of Registration  
1. Collective Extended Producer Responsibility Schemes – Ksh. 10,000  
2. Individual Extended Producer Respo nsibility Schemes -  Ksh. 10,000  
Annual Licence  
1. Collective Extended Producer Responsibility Scheme – Ksh. 10,000  
2. Individual Extended Producer Responsibility Scheme  – Ksh. 10,000  
Individual producer registration (one off)  – Ksh. 5000  
 
Monitoring and Control Audit  
0.5 % of the total annual EPR fee that PRO is managing  as provided in section 19 (3)  
 
 
 
Made on the……………….………………………………….…. 2022. 
 
 
 
 
 
 
SOIPAN TUYA , 
Cabinet Secretary  for Environment and Forestry .