Companies identified by the National Environment Management Authority (Nema) as major polluters of the Nairobi River have agreed to comply with restoration orders issued by the authority to clean identified sites along the river.
This is after Nema officials met with representatives of Producer Responsibility Organisations (PROs) on Wednesday.
The meeting was a response to the publication of 29 companies whose products and packaging were found polluting the Nairobi river and was given 30 days to restore it.
The restoration order came after Nema officers carried out inspections on various points within the Nairobi River catchment on January 18.
Nema gave the directive following the companies' failure to comply with extended producer responsibility as per the provisions of the Sustainable Waste Management Act 2022.
During the meeting, it was also agreed that Nema will continue undertaking inspections and issue restoration orders to those producers whose products and packaging will be found in Kenyan rivers.
The four PROs which held a meeting with Nema include the Packaging Producer Responsibility Organisation (PAKPRO), Kenya Extended Producer Responsibility Organisation (KEPRO), Kenya Hazardous Waste Producer Responsible (KEHAPRO) and EPROK.
During the meeting, the PROs argued that their members were willing to cooperate with Nema to implement EPR.
“They further argued that their members are ready to comply with restoration orders issued by the authority to clean identified sites along Nairobi river and to submit an EPR Plan for Nairobi river catchment,” Nema said.
The PROs negotiated with Nema not to publish the names of their members on Nema's social media since they had already invested in the implementation of their EPR obligations through their respective PROs.
Nema will however publish on its social media names of companies whose products and packaging will be found in the river and who are not members of a PRO or not having individual EPR schemes.
It was agreed that PROs would share with Nema the names of producers who have fully paid their EPR fees to the PRO.
After lengthy deliberations, it was resolved that Nema take enforcement action on producers who fail to comply with restoration orders,” the authority said.
It was further agreed that PROs assist producers comply with Nema restoration orders.
Sustainable Waste Management Act 2022 enacted on July 6, 2022, has provisions known as extended producer responsibility that hold producers responsible for polluting the environment.
This is a departure from the past when public members were solely held responsible for littering.