POLICY AND REGULATORY
FRAMEWORK FOR WASTE REUSE IN
KENYA
Dr. Leah Oyake-Ombis
Chief Officer-
Environment and Forestry
Presentation Outline
• Introduction
• Current situation
• Policy gaps
• Efforts towards Policy development
• Effects of Po...
Introduction
• Several policies have been developed but are characterized by
incoherency.
• They are poorly coordinated wi...
Current Situation
• Existing policies have been broad and not specific to the plastic
production sub-sector. Nevertheless,...
Policy Gaps
• EMCA which is a national policy, fails to encourage re-use and
recycling of solid waste through economic inc...
Policy Gaps
• The Draft National SWM Strategy of 2008 strategy fails to
operationalize this into concrete actions and ther...
Efforts towards Policy Development
• In 2003, UNEP facilitated a technical working group to
develop policy instruments, to...
Efforts towards Policy Development
• The second set of policy measures contained the adoption of an
advanced minimum thick...
Effects of Policy Directives
• As a representative of one of the plastic production companies
(Hi- Plast Ltd) recounted, t...
Effects of Policy Directives
• Manufacturers had additional costs following the directive that
banned manufactured bags of...
Plastic Bag Policy Implications on 2 Commonly used Bags
Source: Oyake- Ombis, L., 2012
21-05-2015 Environment and Forestry...
Lobbying for better Policies
• The chairman of the East African Plastics Association submitted
a proposal to the Minister ...
Opportunities in Existing Policies
• The government’s commitment to participation in Regional
Trade Arrangements (RTAs) ha...
Opportunities in Existing Policies
• The plastic production sub-sector has benefited from a number
of programmes under the...
Opportunities in Policy
• The National Exports Strategy (NES) has been
instrumental in deepening the existing traditional
...
Opportunities in Policy
• The National Industrialization Policy which was
formulated in 2008 to help fast track the realiz...
Opportunities in Policy
• The National Industrialization policy framework has the
potential to create a wide diversificati...
Conclusion
• The SWM policy provisions are still largely centred on the
classical approaches of efficient collection and l...
Recommendations
• Policies should address the concerns of the actors:
o Yard shop operators should be facilitated to form ...
20
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Nairobi city council policy and regulatory framework for waste reuse in kenya

An overview of the policy and regulatory framework for waste reuse in Kenya, with specific details from Nairobi City County. Presented at a stakeholder workshop on developing business opportunities for resource recovery and reuse of domestic and agro-industrial waste in urban and peri-urban areas (West and East Africa), held in Nairobi.
Published on: Mar 3, 2016
Published in: Environment      
Source: www.slideshare.net


Transcripts - Nairobi city council policy and regulatory framework for waste reuse in kenya

  • 1. POLICY AND REGULATORY FRAMEWORK FOR WASTE REUSE IN KENYA Dr. Leah Oyake-Ombis Chief Officer- Environment and Forestry
  • 2. Presentation Outline • Introduction • Current situation • Policy gaps • Efforts towards Policy development • Effects of Policy directives • Lobbying for better Policies • Opportunities in existing Policies • Conclusion • Recommendations 21-05-2015 Environment and Forestry Sub-sector Nairobi City County2
  • 3. Introduction • Several policies have been developed but are characterized by incoherency. • They are poorly coordinated within the Solid Waste Management (SWM) sector and have not rationalized the potential contribution of both state and non-state actors to SWM. • In Kenya, policy and regulatory frameworks are mainly focused on plastics yet there are other waste streams that are reused and others which are reusable but have not been explored. • EMCA provides procedures and standards to regulate the management of solid waste and categorized waste (e.g. hazardous and non-hazardous) in order to facilitate its proper management. 21-05-2015 Environment and Forestry Sub-sector Nairobi City County3
  • 4. Current Situation • Existing policies have been broad and not specific to the plastic production sub-sector. Nevertheless, they have been instrumental in facilitating access for the plastic production sub- sector to manufacturing technologies. • The zero rating taxation on imported technologies is an incentive and has acted as a push factor and could explain the current diversification of production resulting in the different socio-technical routes. Absence of taxation of imported machines benefits industries in twofold: 1. Efficient production due to availability of latest technologies. 2. Short periods of investment returns resulting in steady growth in the sub-sector. 21-05-2015 Environment and Forestry Sub-sector Nairobi City County4
  • 5. Policy Gaps • EMCA which is a national policy, fails to encourage re-use and recycling of solid waste through economic incentive provisions. • The national medium term plan (2008-2012) of Kenya Vision 2030, proposes the development of waste management strategies where youth groups can be engaged but fails to recognize the potential of material recovery. • The Economic Recovery Strategy for Wealth and Employment Creation (2003-2007) recognizes the dysfunctional state of city authorities- currently the county governments and the absence of a waste recycling policy. However, it fails to recognize the already existing actors engaged in the SWM sector and to build upon these niches by assigning them responsibilities and facilities. 21-05-2015 Environment and Forestry Sub-sector Nairobi City County5
  • 6. Policy Gaps • The Draft National SWM Strategy of 2008 strategy fails to operationalize this into concrete actions and there is no deliberate attempt to coordinate, harmonize and focus activities of all – state and non-state – actors towards the ambitions of sustainable waste management as formulated in this plan. • The National Exports Strategy (NES) has been slow to recognize the differentiation of the plastic manufacturing sub-sector that calls for urgent attention in the development of regulations on quality and safety of its products. The implication of this has been a poor up-take of semi- processed plastic waste materials at the international market, which negatively affects the overall diversification of the industry’s products. 21-05-2015 Environment and Forestry Sub-sector 6
  • 7. Efforts towards Policy Development • In 2003, UNEP facilitated a technical working group to develop policy instruments, to be piloted in Nairobi, for the management of plastic bag waste. • After almost 4 years of consultations, negotiations and learning from best practices from both developed and developing countries, the technical working group had developed two sets of policy packages. • The first set of policy measures included the launching of an aggressive public awareness creation and anti-litter campaign; the development of an effective recycling system; support for the improvement of a waste disposal system; the introduction of a voluntary code of practice for retailers; and the introduction of a minimum thickness standard of 20 micron for plastic bags used for shopping. 21-05-2015 Environment and Forestry Sub-sector Nairobi City County7
  • 8. Efforts towards Policy Development • The second set of policy measures contained the adoption of an advanced minimum thickness standard of 30 micron by the manufacturers; the introduction of a levy charged on plastic bags; and the support by the government for the development of alternatives to petrochemical–based carrier bags. To assist the policy implementation, a Plastics Management Fund (PMF) was to be created. • During the 2007/08 budget speech, the Minister announced an immediate ban on manufacturing of plastic bags of less than 30 micron thickness and further proposed an excise duty of 120% on plastic bags to take effect in January 2008. This betrayed the spirit of consultation in policy making and failed to pre- empt the ramifications of such unilateral decisions. 21-05-2015 Environment and Forestry Sub-sector Nairobi City County8
  • 9. Effects of Policy Directives • As a representative of one of the plastic production companies (Hi- Plast Ltd) recounted, the directive compelled manufacturers to abruptly upgrade their production technologies, resulting into a series of consequences. • Foremost, manufacturers had to incur an unexpected investment in order to stay in business. • As not all manufacturers were able to comply, enterprise closures resulted in job losses. • Another immediate and significant impact of the Minister’s 2007/08 Directive on plastic bags related to the consumer economy. Because plastic manufacturers transferred the financial burden of the excise duty to consumers, prices for all plastic carrier bags increased, resulting in an upsurge of prices of basic commodities such as salt, sugar, bread and milk. 21-05-2015 Environment and Forestry Sub-sector Nairobi City County9
  • 10. Effects of Policy Directives • Manufacturers had additional costs following the directive that banned manufactured bags of less than 30 micron thickness which had to be destroyed and recycled. • Moreover, demand for plastic bags decreased as consumers tended to reuse bags, since the bags of 30 micron thickness were more durable. This led the chairman of East African Plastics Association, who was also the chief executive officer of Hi- Plast group of companies, together with other manufacturers to start a youth campaign to recover all plastic bags within Nairobi’s environment in support of plastic waste recycling. • While anticipating the possible long term impacts of the Minister’s 2007/08 Directive on plastic bags on their investment, a number of plastic bag manufacturers started to explore alternatives of using their processing installations to produce biodegradable plastic bags. 21-05-2015 Environment and Forestry Sub-sector Nairobi City County10
  • 11. Plastic Bag Policy Implications on 2 Commonly used Bags Source: Oyake- Ombis, L., 2012 21-05-2015 Environment and Forestry Sub-sector Nairobi City County11 Carrier bag size 9″*15″, per 1000 bags (Ksh.) 7″*12″, per 1000 bags (Ksh.) % cost increase compared to 10 micron bags Cost at 10 micron thickness 284 177 - Cost at 20 micron thickness 569 354 100% Cost at 30 micron thickness 854 531 200% Cost at 30 micron with 120% excise duty 1878 1168 560%
  • 12. Lobbying for better Policies • The chairman of the East African Plastics Association submitted a proposal to the Minister to review the 2007/08 Directive on plastic bags with the following recommendations: o To share the 120% excise duty (which was mainly borne by plastic shopping bag manufacturers) with manufactures of other plastic materials meant for commercial use, like plastic sheets used in horticulture and the building industry. o Substitution of the ad valorem excise duty of 120% with a specific excise/levy of USD 20 per ton on all imported raw materials for the manufacturing of plastic bags to be remitted to a SWM Fund. • The SWM Fund had a broader scope as compared to the Plastic Management Fund earlier proposed by stakeholders. • Manufacturers also wanted an immediate legislative amendment to allow plastic bag manufacturers to manufacture bags of at least 14 microns thickness. 21-05-2015 Environment and Forestry Sub-sector Nairobi City County12
  • 13. Opportunities in Existing Policies • The government’s commitment to participation in Regional Trade Arrangements (RTAs) has reduced trade barriers within the East Africa region. This policy has stimulated much growth within the conventional recycling industries. • Arising from the policy instruments for management of plastic bags and the subsequent amendment to the Finance Act of 2007, only bags of 20 micron and above are to be produced in Kenya. • Furthermore, an excise duty at the rate of 50% of excisable value is charged on plastic shopping bags payable by the manufacturer. • These regulatory measures are likely to be windows of opportunity for the development of plastic waste recycling in Kenya and for the conventional recycling route in particular as it has a long history for recycling backed by an elaborate network of internal waste material supply. 21-05-2015 Environment and Forestry Sub-sector Nairobi City County13
  • 14. Opportunities in Existing Policies • The plastic production sub-sector has benefited from a number of programmes under the liberalization policy. The Kenya Investment Act of 2006 which provides a ‘one-stop-shop’ for licensing and registration of business has effectively reduced the bureaucratic procedures that hamper investment flows through increased time spent in the registration process. • The Draft National SWM Strategy of 2008 stipulates a statutory 30% of waste recovery within city jurisdictions by the year 2018, and to progressively recover over 50% of the waste by the year 2030. These targets are in line with the environmental aspirations of Vision 2030. 21-05-2015 Environment and Forestry Sub-sector Nairobi City County14
  • 15. Opportunities in Policy • The National Exports Strategy (NES) has been instrumental in deepening the existing traditional markets and supporting expansion of Kenyan products into new markets segments. • This has positively influenced the growth of the conventional recycling route where its products have gained access to the East Africa region and Common Market for Eastern and Southern Africa (COMESA) markets. 21-05-2015 Environment and Forestry Sub-sector Nairobi City County15
  • 16. Opportunities in Policy • The National Industrialization Policy which was formulated in 2008 to help fast track the realization of Kenya Vision 2030 has not been sensitive to the unique requirements of the plastic production sub-sector. • The policy recognizes innovations as being central in meeting the rapidly changing consumer needs and standards. • It further proposes to intensify innovations in priority segments of the manufacturing sector and commit to develop capacity in order to meet international standard requirements. For example, plastic manufacturing sub- sector has been listed as requiring up-grading some of its products through collaboration of the industry and public institutions such as KEBS and KIRDI. 21-05-2015 Environment and Forestry Sub-sector Nairobi City County16
  • 17. Opportunities in Policy • The National Industrialization policy framework has the potential to create a wide diversification of the plastic manufacturing sub-sector if products of home-grown industry and export of semi-processed waste materials could be picked as potential innovations for further development. • Such a move would enable fast-tracking of standardization of plastic waste products which so far have not obtained any credible certification in order to access both local and international markets. • It would also be a big incentive in the promotion of both exports of waste materials to China and competitive market access to home-grown recycling industries’ products. 21-05-2015 Environment and Forestry Sub-sector Nairobi City County17
  • 18. Conclusion • The SWM policy provisions are still largely centred on the classical approaches of efficient collection and landfilling. • In cases where recycling of solid waste is mentioned, they fail to provide a framework and operationalized strategies within which non-state actors are stimulated and incentivized to engage. • SWM policies also fail to capture financing mechanisms that can support resource recovery. • Finally, weak enforcement hampers realization of some of the existing policies. For instance, ‘Extended Producer Responsibility’ should be enforced so that the principles of ‘closed loop recycling industry’ and ‘circular economy’ can be realised. 21-05-2015 Environment and Forestry Sub-sector Nairobi City County18
  • 19. Recommendations • Policies should address the concerns of the actors: o Yard shop operators should be facilitated to form associations. o Conventional recycling industries bemoan exorbitant utility bills. o Home-grown recycling industries need technological support. o Export of semi-processed PET plastic waste are sub-standard. • Any city waste management strategy should include waste separation at source to ensure that actors within the recycling chain are guaranteed of less contaminated plastic waste. • Development of rules that require industries to take back certain quantities of plastic waste from the SWM system should be spearheaded by policy actors such as NEMA, KEBS, KIPPRA, Ministry of Local Government, Ministry of Industrialization, and KAM. 21-05-2015 Environment and Forestry Sub-sector Nairobi City County19
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