NEMA orders 29 companies to clean up Nairobi River in just one month

The National Environment Management Authority (NEMA) has ordered 29 companies to clean the Nairobi River in 30 days after their products and packaging materials were found to be polluting the river.

In a statement on Wednesday, January 31, 2024, the decision was arrived at after carrying out inspections at various points within the Nairobi River catchment on January 18, 2024.

The inspection found assorted synthetic wastes along the river, part of which bore the identity of different producers.

According to NEMA, the waste had accumulated in the rivers interfering with their flow, posing a potential threat of flooding, water pollution and likely to have adverse environmental effects on the general environment.

"Kenyan urban rivers have for a long time suffered from pollution especially from littered solid waste. The main reason for this was due to inadequate legislation for waste management post-consumer level. But this space has changed after inclusion of Section 13 in the Sustainable Waste Management Act 2022 that introduced mandatory Extended Producer Responsibility (EPR) for all products in Kenya," NEMA added.

"Each of the 29 companies polluting Nairobi River is expected within 30 days to clean up the wastes within the specific sites where the crime was committed to their natural state and submit to NEMA the EPR plan for management of waste emanating from their products and packaging for Nairobi River catchment region."

According to the Sustainable Waste Management Act, 2022, every producer bears extended producer responsibility obligations to reduce pollution.

Persons/companies who fail to manage waste in line with the Act are required to clean up and restore the site to its natural state.

The orders were signed by the NEMA Director General on January 25, marking the first time of the enforcement of the provisions of extended producer responsibility in Kenya.

"The environmental restoration order also communicated to the producers the right of appeal against this order to the National Environment Tribunal, if aggrieved. NEMA intends to inspect all rivers in the country and task the producers to restore all sites polluted by products subject to EPR. This would help to ensure that all rivers are flowing all the time and devoid of solid waste pollution," the statement added.

More companies on NEMA watchlist

On Monday, the NEMA enforcement team and police inspected three sites along Ngong' River and found the sites polluted by products and packaging from different companies.

During this inspection, additional evidence of labelled products and packaging materials from different companies was collected.

"It's important to note that Section 13 of the Sustainable Waste Management Act mandates the producers to take responsibility for the products they introduce to the market, including managing the waste generated. This measure is essential for preventing pollution," NEMA stated.

Companies whose products and packaging were collected in the river will be served with a restoration order.

Here are the companies ordered to clean Nairobi River;

• NEMA