The Electronic Equipment Disposal, Recycling and Reuse Bill, 2025

Background

Kenya generates an average of three thousand tonnes of e-waste annually, which is often mixed with ordinary waste in landfills (Waste Electrical and Electronic Equipment Centre - WEEE Centre). According to the World Health Organisation, mishandling this electronic waste releases hazardous substances and neuro-toxicants like lead, dioxins, and mercury, threatening human health and the environment. The Electronic Equipment Disposal, Recycling and Reuse Bill, 2025 seeks to provide a legal framework for sustainable, environmentally compliant disposal, recycling, and reuse of electronic equipment to satisfy constitutional rights to a clean and healthy environment under Article 42 and state obligations under Article 69(1).

Key Provisions

• National and County Government Roles: Defines functions of the Cabinet Secretary (CS) to develop policies, classify e-waste, license National E-waste Recycling Plants, and monitor the value chain. It also mandates County Executive Committee (CEC) members to establish sorting sites, set up ward consolidation sites, and license e-waste collectors.
• Infrastructure Framework: Establishes three tiers of waste management facilities:
  • National E-waste Recycling Plant: Established by the CS in consultation with the National Environment Management Authority (NEMA), requiring a minimum geographical area of 30 acres and a 5-acre buffer zone radius.
  • E-waste Sorting Site: Established by the Governor on the recommendation of the CEC member, requiring a minimum area of 5 acres and a 2-acre buffer zone radius.
  • Ward Consolidation Site: Established by the Governor on the recommendation of the CEC member, requiring a minimum area of 1 acre and a 1-acre buffer zone radius.

New Obligations

• Waste Generators: Every person who generates e-waste in Kenya must safely dispose of the e-waste at designated ward consolidation sites within their respective county wards (Section 8).
• E-Waste Collectors: Must obtain a non-transferable annual license from their respective county government. Licensed collectors must handle e-waste in a prescribed manner and deliver collected e-waste from ward consolidation sites to designated e-waste sorting sites or the National E-waste Recycling Plant (Section 9 & 14).
• E-Waste Recyclers: Must obtain a non-transferable annual license from the Cabinet Secretary to reclaim e-waste for further use as products, raw materials, or manufacturing inputs (Section 10 & 15).

Penalties

• Improper E-Waste Disposal: Generators failing to manage e-waste in accordance with Section 8(1) face a fine not exceeding KSh 20,000, imprisonment for up to six months, or both (Section 8(2)).
• Unlicensed Collection or Recycling: Operating as an e-waste collector or recycler without a license, or violating license terms, carries a fine not exceeding KSh 50,000, imprisonment for up to six months, or both (Sections 9(7), 10(7)).
• Failure to Manage Waste in Prescribed Manner: Licensed collectors or recyclers who fail to handle or manage waste in accordance with the Act commit an offence and face a fine up to KSh 50,000, imprisonment for up to six months, or both (Sections 14(3), 15(2)).