ingram
 

 Summary of New Regulations 2024 (EMCA & SWMA)

To extend the responsibility of a producer over a product and its packaging during the life cycle of the product or its packaging and provide a framework for the establishment and operation of mandatory extended producer responsibility schemes.

To operationalize the polluter pays principle and give effect to section 13 of the SWMA.

To provide for the prevention of land and water pollution by establishing standards for waste water management to ensure clean and healthy water resources as well as provision of standards for water for different uses.

The eleventh schedule on EDL fees for controlled facilities has been enhanced.

To provide a framework for the management of waste and abatement of pollution in line with the constitutional and statutory guarantees of ensuring clean, safe and sustainable environment for all persons.

The Regulation provides for guidance, procedures and standards for environmental governance to ensure compliance in the waste management sector

To establish a framework for the sustainable utilization of sand resources and good environmental practices during sand harvesting.

This is a novel Regulation that seeks to give effect to the erstwhile Sand Harvesting Guidelines of 2007 and devolve the sand harvesting activity.

To provide for the prevention, control and abatement of air pollution to ensure clean and healthy ambient air.

This is an improvement of the 2014 Regulations and introduces various improvements including emission testing from mobile sources.

To establish a framework for the management and control of the use of plastic packaging materials and promote the use of environmentally-friendly packaging material.

The gazette notices banning use of plastics are now finally strengthened with the force of subsidiary legislation.

To preserve and promote a clean and healthy environment for sustainable development and promote the recycling of plastic packaging material.

To ensure protection of human health and environment from adverse effects of toxic and hazardous industrial chemicals and materials and reduce risks posed by chemicals and provide for the sound management of chemicals.

To ensure the free movement of chemical products.

These Regulations have been in draft and under development since the year 2013 and are now in force.

 

 

Gazetted Regulations 2024

1. CHEMICALS REGULATIONS.-LN 182

2. WASTE MANAGEMENT AND SAND HARVESTING REGULATIONS-LN178-179

3. AIR QUALITY AND PLASTICS-LN 180-181

4. EPR AND WATER QUALITY REGULATIONS-L.N._176-177

 

5. CONTROLLED SUBSTANCES REGULATIONS 2025

 

Public Notices

1. NOTICE TO THE PUBLIC - Plastics Regulations 2024

2. NOTICE TO THE PUBLIC - Waste Management Regulations, 2024 

3. NOTICE TO THE PUBLIC - Extended Producer Responsibility (EPR)) Regulations 2024

4. NOTICE TO THE PUBLIC - Sand Harvesting Regulations, 2024

5. NOTICE TO THE PUBLIC - Sand Transporters

 

The Cabinet Secretary Ministry of Environment, Climate Change and Forestry, Hon. Aden Duale on 28th August, 2024 directed NEMA to mapout facilities with asbestos roofing countrywide to ensure they are removed.
 
The facilities including schools and other private establishments will have the next 3 months to remove asbestos. Citing public health safety concerns, he stated that he has already written to public institutions with such roofing to remove them and dispose them off in line with NEMA guidelines.
 
The CS was speaking as he made his inaugural visit to NEMA headquarters. He was accompanied by the Permanent Secretary, State Department of Environment and Climate Change, Dr. Eng. Festus Ngeno.
The CS held a meeting with the Board of Directors, Management and staff where critical issues affecting the Authority were discussed.
 
In order to enhance operations of the Authority, the CS stated that he will fastrack gazettement of 13 Environmental Management and Coordination Act (EMCA) regulations currently pending.
 
He further outlined the pivotal role the Authority plays in management of the environment. He added that an error of omission or commission could have a far reaching effect to the health of the public. As such, staff must abide by high standards to safeguard the environment.
 
He directed the Authority to enhance its revenue collection to be able to cater for its operations and discharge optimal services to the public.
 
As the Designated National Authority (DNA) for Carbon markets, the CS urged the Board and the Management to critically register and diligently undertake the task as part of efforts to cope with climate change and meet the country obligations as outlined in the Paris Agreement.
 
"Nema must enforce the law to ensure the environment is protected and safeguarded. All facilities in the 47 Counties must be brought under compliance," he said. On the same, he urged the County Directors of Environment to remove bottlenecks in the licensing process.
 
He also warned those discharging raw sewerage into Nairobi rivers. He stated that NEMA must engage Nairobi City Water and Sewerage Company to ensure that raw sewer doesn't get into Rivers from burst sewer lines.
 
On his part, NEMA Chairman, Emilio Mugo who was represented by his Vice Chair, Sophia Matura expressed the Authority's commitment to address various environmental related challenges through implementation of various environmental laws and partnerships.
 
The Director General, Mamo B. Mamo, EBS echoed the same sentiments noting that the Authority has made progress in enhancing environmental compliance through regular enforcement actions.
The national World cleanup celebrations took place on 20th September, 2024 at Hon. John Michuki Memorial Park. This was among 30 other cleanup activities ongoing concurrently countrywide.
 
This year's event takes place  following addition to the UN Calendar of International Days for the first time. Kenya started celebrating this day 7 years ago. The cleanup celebrations  started in Estonia in 2008 as "Lets Do It." The theme for this year's event was, "Make Room for Life."
 
"The day aims to activate 5% of the world's population that will catalyse lasting societal change in behaviour around mismanaged waste," said NEMA Vice Chair, Sophia Matura.
 
She added that its important for everyone to take responsibility for our own environment- avoid throwing waste from the car windows or in open spaces.
 
The Authority looks forward towards the future, the concept of the circular economy will play a crucial role in transforming waste management. The Authority envisions a future where waste is no longer seen as a burden but as a valuable resource—where segregation, recycling, repurposing, and reusing materials are the norm, not the exception.
 
Kenyans were urged to completely stop using the banned plastic bags. Its starts from citizen-led responsibility to keep a healthy and clean environment. This has a great effect on reduction of illegal dumping of waste and focus more on recycling.
The appointment of NEMA as the Designated National Authority for Article 6 of the Paris Agreement and all other markets and the Director General as the National Carbon Registrar is a great step towards enhancing the flow of climate finance from developed countries to developing countries for the purposes of enhanced climate action, the NEMA Director General, Mamo B. Mamo, EBS has said.
 
The DG added that NEMA has effectively served as the DNA for Clean Development Mechanism (CDM) for over 15 years and has therefore gained the relevant technical skills over the years. “The Authority shall therefore continue to serve as a one stop shop for carbon project approvals, environment and social safeguards through our ESIA regimes and project monitoring through the Environmental Audit process,” the DG said.
 
The DG was speaking while opening a workshop for the development of the national carbon markets supported by the GIZ Kenya on 7th August, 2024
 
The amendment of the Climate Change Act 2016 to provide for governance measures for carbon markets and non-markets. The Act was assented to by H.E. the President on 1st September 2023 and became operational 2 weeks later. This Act provides for development of 4 subsidiary regulations namely the Carbon Markets Regulations, Carbon Trading Regulations, National Carbon Registry Regulations and Non-Market Regulations.
 
The Carbon Market Regulations were developed and published on 17th May 2024. The Carbon Markets Regulations is a great step for the country towards full operationalization and implementation of carbon markets. The Government is also keen to fast track the development of the other three regulations and our presence here today marks an important initial step towards the development of the National Carbon Registry whose regulations shall be in due course.
 
The development of the National Carbon Registry is a significant journey that the country is embarking on.
 
Government authorities in any country need to be fully aware of the different paths carbon projects in their jurisdiction may follow hence the need to implement a carbon tracking platform.
 
The carbon market registries will serve three interrelated purposes:
a. To promote transparency by providing publicly accessible information on mitigation activities under the carbon crediting program or jurisdiction
b. To facilitate the issuance, transfer, and use of uniquely identifiable carbon units that are linked to, and convey a claim to emissions reductions or removals achieved by, registered mitigation activities; and
c. To help prevent double counting and double issuance of emissions reductions and removals by making information about carbon units transparent.

Contact Us

Popo Road,South C, off Mombasa Road

P.O.BOX 67839-00200, Nairobi. Kenya

Mobile: 0724 253398, 0735 013046.

Email: info@nema.go.ke

Opinion Poll

Rate Our Services?
Copyright © 2025 National Environment Management Authority (NEMA). All Rights Reserved.