The National Environment Management Authority (NEMA) has issued a notice to all waste transporters regarding the transportation of segregated waste.
The Authority, in a statement issued on Thursday June 26, referenced Legal Notice No. 178 dated November 4, 2024, under the Environmental Management and Co-ordination (Waste Management) Regulations, 2024, Sections 5 and 7.
According to NEMA, waste generators will be required to collect, segregate, and dispose of waste in a manner that does not pollute the environment.
“A Waste Generator shall segregate waste by separating hazardous waste from non-hazardous waste; and segregating non-hazardous waste into organic and non-organic fractions,” read the statement in part.
The Authority stated that segregated waste should be placed in clearly labeled and color-coded receptacles, bins, containers, or bags.
The regulations outline a National Waste Color Code (as provided in the Second Schedule), which specifies waste categories and their corresponding color-coding scheme.
NEMA Issues Notice to Waste Transporters
Organic waste should be placed in green-colored bins, general waste in black-colored bins, and recyclables in blue-colored bins.
“NEMA wishes to remind all stakeholders that Section 7 of the Waste Management Regulations, 2024, requires waste service providers to collect, handle, and transport segregated waste, and to deliver it only to licensed and designated facilities,” the Authority added.
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The authority reminded waste transporters that waste must be transported in a segregated state.
“This means you should NOT transport mixed waste,” the Authority emphasized.
As a result, the Authority demanded that transporters ensure their customers segregate waste at the source and store it in the appropriate color-coded bags.
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Ksh 50K fine or 6 Month Imprisonment for Non-Compliance
Transporters were also advised to ensure that the different color-coded bags of waste do not mix—either by compartmentalizing their vehicles into separate sections or by transporting different types of waste on different days.
Section 21(3) of the Sustainable Waste Management (SWM) Act, 2022, states that a waste service provider who fails to manage waste in accordance with the Act commits an offence and, upon conviction, shall be liable to a fine not exceeding Ksh 50,000, imprisonment for a term not exceeding six months, or both.
In addition, NEMA may consider suspending the waste transportation license for a period not exceeding six months.
NEMA stated that it has commenced enforcement of the Sustainable Waste Management (SWM) Act, 2022, and the Waste Management Regulations, 2024, specifically on the requirement for waste segregation and appropriate transportation.
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