Sustainable Waste Management Act, No. 31 of 2022.

This Act, consisting of 35 articles and divided into ten Parts, provides for the establishment of a legal and institutional framework for the sustainable management of waste; for ensuring the realisation of the constitutional provision on the right to a clean and healthy environment and for connected purposes. The Act covers: domestic waste, waste electronic equipment, extended producer responsibility, hazardous waste, industrial waste, organic and non-organic waste, payment for environmental service, pollution, private sector entity, producer, public entity, recycle, re-use, recovery, sustainable waste management, waste management facility. The Act identifies the following objectives: sustainable waste management promotion; improving the health of all Kenyans by ensuring a clean and healthy environment; reduction of air, land, fresh water and marine pollution; ensuring the delivery of waste service; creating an enabling environment for employment in the green economy in waste management, recycling and recovery; circular economy practices promotion; mainstreaming resource efficiency principles in sustainable consumption; improving responsible public behaviour on waste and environment. The Act is based on the following principles: precautionary principle; polluter pays principle; payment for ecosystem services; zero waste principle.
Matters covered by this Act include: Policy, coordination and oversight of waste management, including: role of Cabinet Secretary, composition and functions of waste management Council, functions of the Authority, functions of County governments; measures and actions, including: procedures for sustainable waste management, research and analysis on the impact of waste on the health and the environment, incentives to expand the market for recycled products, promotion of health, safety and environmental standards, use of land for waste management; waste classification and segregation; waste management functions; reduction of toxic emissions; duty to segregate and dispose waste; duties of private sector entities; public participation and access to information, including: keeping of records on waste management, public consultation and participation; financial provisions, including: fees to be allocated to county waste management facilities, incentives for waste management to expand private investment; monitoring and evaluation; offences; partnership programmes; general and miscellaneous provisions, including: integration of waste management into school curricula.