Mombasa Governor vows ocean protection through waste action

Mombasa Governor Abdulswamad Sharif Nassir's pledge at the 11th Our Ocean Conference to bolster solid waste management and improve sewer infrastructure underscores Kenya's deepening commitment to ocean protection and environmental sustainability. This article examines the robust legal framework in Kenya, from constitutional mandates to specific statutes and county-level legislation, that underpins such initiatives. It highlights the devolved responsibilities of county governments in waste management and pollution control, particularly in coastal regions, and explores the practical and legal implications for practitioners navigating an evolving landscape of environmental compliance, enforcement, and sustainable development.

This article delves into the legal architecture governing waste management and ocean protection in Kenya, with a specific focus on the roles and responsibilities of county governments like Mombasa. It will explore the constitutional underpinnings, key national legislation, and specific county-level instruments that empower and mandate these actions. Furthermore, it will analyze the challenges and opportunities presented by this framework, providing insights for legal professionals on compliance, enforcement, and the trajectory of environmental law in Kenya's blue economy.

Building upon this constitutional foundation, Kenya has enacted a comprehensive suite of environmental legislation. The Environmental Management and Coordination Act (EMCA), 1999 (Cap 387), as amended, serves as the principal framework for environmental protection, conservation, and management. EMCA is supplemented by various subsidiary regulations, including the Environmental Management and Coordination (Waste Management) Regulations, 2024 (Legal Notice No. 178 of 2024), which outline licensing requirements for waste disposal, recycling, and transportation, and mandate segregation, incineration, and packaging protocols. The Water Act, 2016, further regulates water resources, water, and sewerage services, with provisions for pollution control and the discharge of pollutants into water resources. Additionally, the Sustainable Waste Management Act, 2022, represents a significant legislative milestone, providing a thorough framework for sustainable waste management, emphasizing resource conservation, and addressing pollution across various environmental segments, including marine environments. Nationally, strategies such as the National Solid Waste Management Strategy (2014/2015) and the National Marine Litter Management Action Plan (2021-2030) guide efforts to improve waste management and combat marine pollution. Kenya is also a signatory to international conventions like MARPOL and the London Convention, which address pollution from ships and dumping of wastes at sea, further integrating global standards into national policy.

A notable legal development is the ongoing challenge to Section 42A of the Mombasa County Solid Waste Management (Amendment) Act, 2023, concerning charges for solid waste management services for vessels. This case highlights the complexities of balancing county government revenue generation with international environmental obligations and the need for a robust, legally sound framework for waste management at ports. The emphasis on strengthening Extended Producer Responsibility (EPR) mechanisms within the Sustainable Waste Management Act, 2022, also points towards a shift in accountability, aiming to ensure producers bear responsibility for the entire lifecycle of their products, thereby addressing pollution at its source.

Looking ahead, practitioners should closely monitor the full implementation of the Sustainable Waste Management Act, 2022, and its associated Extended Producer Responsibility Regulations, as these are poised to significantly reshape waste management practices across the country. The outcomes of judicial reviews concerning county environmental levies and the development of new county-specific environmental policies will also provide crucial precedents and guidance. The call for ocean protection through waste action is not merely a political statement but a legally binding imperative, creating both challenges and opportunities for legal professionals to contribute to a sustainable future for Kenya's coastal regions.