NEMA puts on notice waste transporters without licences
The National Environment Management Authority (NEMA) has put on notice garbage collectors who do not have licences from them.
In a statement on Tuesday, April 2, 2024, the authority warned that apart from having licences from county governments, garbage collectors ought to have licences from the authority.
"The Environmental Management & Coordination Act 1999 (Revised 2015) and EMCA Waste Management Regulations 2006 Section 87 (2) require that waste transporters be licensed by NEMA. The Authority has noted that some waste transporters argue that since they had been licensed by the county governments, they do not need the NEMA license. This is illegal," the statement read in part.
"The Authority seeks to bring to your attention that the Environment and Land court in Nairobi Petition 3 of 2021 on 3rd August 2022 ruled that the waste transportation license issued by NEMA is a mandatory requirement for all waste transporters."
According to the ruling quoted by the authority, the annual license on account of waste transportation is premised on law.
"The Petitioners herein have also contended that the 2nd Respondent (NEMA) has also been charging and levying annual license on account of transportation of waste, refuse removal and solid waste disposal and have in this regard contended that the levying of such license fees, is unconstitutional, null and void. I need to point out that the levying and/or charging of such annual license/fees by the 2nd Respondent is premised on the existing provisions of the EMCA Act, 1999 and the Environment Management Waste Regulations 2006, which have not been found and declared unconstitutional," the ruling read in part.
The case had been filed at the Environment and Land Court in Nairobi in 2022, pitting the Waste and Environment Management Association of Kenya against NEMA and the County Government of Nairobi.
"The authority wishes to notify waste transporters that they risk arrest and prosecution for operating without a valid waste transportation license issued by NEMA," NEMA stated.
Currently, the authority charges a Ksh20,000 licence fee per truck yearly to allow them to collect and dispose of waste.
In a different development in March, 29 companies were issued with environmental restoration orders after their products and packaging were found littering the Nairobi River.
The companies were given 30 days to restore the river to its natural state.
"NEMA noted significant levels of improvement of the sites after cleanup done by the companies. NEMA encouraged the companies to invest more in value chain-based incentive systems which are more sustainable than intermittent cleanups. The waste pickers who form the base of the value chain should be incentivized per product they collect from the environment, and this would help in creating jobs and economic empowerment," NEMA stated on March 27, 2024.
