Court Halts Kenya’s New Waste Law That Would Have Dealt A Blow To Kenyans And Businesses

The High Court of Kenya has suspended the implementation of the Sustainable Waste Management (Extended Producer Responsibility) Regulations, 2024—a bold set of rules that were meant to usher in a new era of environmental accountability. Justice Bahati Mwamuye of the Milimani High Court issued the conservatory orders following a petition filed by the Law Society of Kenya (LSK), effectively freezing the regulations until the legal dispute is resolved.

At the heart of the now-suspended law was a simple but powerful idea: that those who profit from plastic bottles, electronic packaging, and other consumer products should also bear the burden of cleaning up the waste they generate. The regulations, published in November 2024, placed responsibility squarely on the shoulders of producers, importers, and retailers. They were required to register with the National Environment Management Authority (NEMA), submit detailed waste management plans, meet recycling targets, and contribute levies toward national clean-up and recycling programs. To comply, companies would also have to join collective waste management bodies known as Producer Responsibility Organizations.

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The LSK challenged this framework, arguing that it was pushed through without meaningful public engagement. According to the petition, the regulations were imposed without proper consultation with the citizens, businesses, and stakeholders they would most affect—an oversight that violates Kenya’s Constitution. LSK also contends that the financial obligations placed on businesses were arbitrary and lacked accountability, potentially opening the door to abuse and mismanagement. The legal argument further accuses NEMA and the Ministry of Environment of sidestepping Parliament, creating far-reaching obligations via gazette notice rather than through a transparent legislative process.

Justice Mwamuye found that the concerns raised were weighty enough to warrant immediate judicial intervention. In the interim, he ordered a complete stop to the application and enforcement of the regulations, barring NEMA and all related government agencies from pursuing any actions under the suspended law.

The impact of this decision is already being felt. For environmental advocates, it’s a painful setback. Kenya, like many developing nations, is drowning in waste—much of it plastic. Without the legal force of the Extended Producer Responsibility regulations, there is no mechanism compelling corporations to contribute to waste collection, recycling, or disposal. The burden of cleaning up the country’s trash, once again, falls to local governments and citizens with limited resources.

On the other side of the divide, many in the business community are breathing a sigh of relief. For small and medium enterprises, the rules were confusing, costly, and threatening to their survival. The suspension offers them a moment to regroup, consult, and perhaps advocate for a more practical framework.

This case also raises deeper questions about how Kenya creates its laws and who gets a seat at the table. It highlights the tensions between environmental urgency and procedural fairness, between the need for rapid reform and the constitutional demand for transparency and participation. As the country awaits the next hearing in June, one thing is clear: the future of waste management in Kenya now lies not in the streets or factories, but in the courtroom.

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