During the Ministerial Stakeholders Forum (MSF) held on 7th August 2019, the private sector agreed to work in partnership with the government to develop a framework for mandatory extended producer responsibility in Kenya. The Ministry of Environment and Forestry has since then been developing Extended Producer Responsibility Regulations (EPR Regulations). EPR Regulations provide a framework for mandatory extended producer responsibility to the post-consumer stage of a product lifecycle.
The steering committee developed the first draft that was subjected to public participation in May 2020. KEPSA members made submissions to the policy which were considered by the technical steering committee that developed the 2nd Draft of the Environmental Management and Co-ordination act (no. 8 of 1999) the Environmental Management and Co-ordination (Extended Producer Responsibility) Regulations, 2020. The regulations provide for all EPR schemes for all products and packaging in all phases of their life cycle to enhance environmental sustainability.
KEPSA in collaboration with the Ministry of Environment and Forestry undertook four private sector consultations aligned to the products listed under Schedule 1 of the regulations. Health sector consultations’ meeting took place on 6th October 2020, Environment and Agriculture and Tourism took place on 7th October 2020, Electrical and Electronic Equipment consultation took place on 7th October 2020 while Industry and Trade consultation took place on 8th October 2020. From the consultations, members raised several concerns including timelines of eco-labeling, the role of county governments and the role of consumers. These were taken for consideration by the Ministry of Environment and Forestry team as they develop the 3rd draft and finalize the regulations by the end of the year.