Producers of electronic waste may soon be required to dispose of it only in designated areas – or face a fine of Sh20,000 or six months in jail – if a new Bill is enacted into law.
The Electronic Equipment Disposal, Recycling and Reuse Bill, 2025, outlines a comprehensive framework for managing electronic waste (e-waste) across the country.
The proposed legislation establishes consolidated e-waste sites where discarded electronic materials will first be dumped, then sorted for onward transmission to a central recycling plant created under the Bill.
“A person who generates e-waste in Kenya shall dispose of it at the designated ward consolidation site within their respective county ward,” the Bill states.
Sponsored by nominated Senator Peris Tobiko, the Bill has been published and is set for its first reading in the Senate.
It empowers the Environment CS, in consultation with the National Environmental Management Authority, to establish a National E-waste Recycling Plant through a notice in the gazette.
According to the draft, the declared recycling plant must occupy a minimum of 30 acres, with a buffer zone of at least a five-acre radius. The plant will serve as the primary facility for recycling e-waste materials.
At the county level, governors will be mandated to declare e-waste sorting sites via notice in the gazette. These must span at least five acres and maintain a buffer zone of no less than two acres.
Additionally, the Bill allows governors to establish ward consolidation sites for e-waste collection.
“The Cabinet Secretary, in consultation with Nema and the Council of County Governors, may prescribe standards, guidelines, and requirements for the establishment of the National E-waste Recycling Plant, e-waste sorting sites, and ward consolidation sites,” the Bill reads.
Kenya currently generates an estimated 3,000 tonnes of e-waste annually, much of which ends up mixed with general waste in landfills, Tobiko said.
More recent data indicates a higher figure of 51,300 tonnes per year.
The World Health Organization classifies e-waste as hazardous, citing its environmental and health risks when improperly handled. E-waste can release over 1,000 toxic substances into the environment, including neurotoxic chemicals such as lead, dioxins and mercury.
“Due to the grave implications that mishandling e-waste can have on both the environment and public health, it is paramount that a legal framework be established to ensure the safe and regulated handling and disposal of e-waste,” the Bill emphasises.
Under the proposed law, county executives in charge of the environment will be responsible for licensing individuals who wish to operate as e-waste collectors.
“An e-waste collector shall deliver materials collected from ward consolidation sites to a designated sorting site or the National E-waste Recycling Plant,” the Bill states.
Anyone seeking to run a recycling plant must obtain a licence from the Cabinet Secretary for Environment.
“No person shall operate as an e-waste recycler without first obtaining a licence from the Cabinet Secretary,” the Bill stipulates.
E-waste recyclers who fail to comply with the provisions of the Act will face a fine of up to Sh50,000, imprisonment for up to six months, or both.
Instant Analysis
Due to the grave implications that the mishandling of e-waste is likely to have on both the environment and eventually, the health and life of the citizen, it is paramount that a legal framework is put in place to provide for the safe, regulated handling and disposal of e-waste as part of enhancing the constitutional rights to a clean and healthy environment contained in Article 42 as well as ensuring the state has carried out its obligations encapsulated under Article 69(1).
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