•The Sustainable Waste Management Act of 2022 mandates that every producer must shoulder extended producer responsibility obligations to mitigate pollution.
•The Environmental Management and Coordination Act prohibits the discharge of hazardous wastes, materials, chemicals and radioactive substances.
Image: FILE
The National Environment Management Authority (Nema) has identified 29 companies responsible for contaminating Nairobi Rivers with products and packaging materials.
This follows comprehensive inspections conducted on January 18, 2024, at various points within the Nairobi River catchment.
In a statement on Wednesday, the authority revealed that all 29 companies have been served with a notice, compelling them to clean up the wastes within the specific sites where the environmental transgressions occurred.
"They (companies) are also mandated to submit to Nema an Extended Producer Responsibility (EPR) plan outlining comprehensive waste management strategies for the products and packaging associated with the Nairobi River catchment region," read the statement.
As a result, Nema has given the companies a 30-day window to comply with these directives.
Failure to adhere to the cleanup requirements and submit an EPR plan within the stipulated timeframe may lead to legal consequences as outlined by the Sustainable Waste Management Act.
The Sustainable Waste Management Act of 2022 mandates that every producer must shoulder extended producer responsibility obligations to mitigate pollution.
Additionally, individuals failing to manage waste in accordance with this Act are required to initiate the cleanup and restoration of the site to its natural state.
The inspection team uncovered a disconcerting sight along the riverbanks, where assorted synthetic wastes bearing the distinct identity of different producers were found to have accumulated.
"This accumulation not only interfered with the natural flow of the rivers but also posed a significant threat of flooding, water pollution, and potential adverse environmental effects on the general surroundings," says Nema.
Nema's decisive action emphasizes the commitment to enforcing environmental regulations and holding accountable those who contribute to the degradation of the Nairobi River ecosystem.
The move aligns with broader efforts to safeguard the environment, ensuring the sustainability of water resources and protecting the well-being of the communities dependent on these vital natural assets.
Last week, The Nairobi River Commission raised concerns over the continuous dumping of waste into the Nairobi River.
The commission, whose role is to coordinate other state agencies and stakeholders in the clean-up, says the task ahead is huge and requires a lot of planning.
It says there is a need to initiate a monthly national clean-up day.
The Environmental Management and Coordination Act prohibits the discharge of hazardous wastes, materials, chemicals and radioactive substances.
Those culpable shall, on conviction, be liable to a fine of not less than Sh1 million or imprisonment for a term of not less than two years or both.
"Any person who discharges dangerous materials, substances, oil or oil mixtures into land, water, air, or aquatic environment contrary to the provisions of the Act commits an offence and shall, on conviction, be liable to a fine not exceeding Sh500,000," the Act says.
The court may direct polluters to pay the full cost of cleaning up the polluted environment.
The court may also order that the substance, motor vehicle, equipment and appliance that were used to pollute the environment be forfeited to the state.
The commission needs approximately Sh22 billion to immediately address solid waste, sewerage and industrial waste challenges.