EPR

Extended Producer Responsibility (EPR) Compliance

Environmental Consultancy / By

NEMA Packaging Compliance requirements: Sustainable Waste Management Act, Extended Producer Responsibility (EPR) & Plastic Packaging Regulations”

Kenya’s environmental regulations are evolving rapidly, and businesses must act now to remain compliant. Under the Extended Producer Responsibility (EPR) Regulations (2024), Sustainable Waste Management Act (2022), and the Plastic Packaging Regulations (2024), all companies placing packaged products on the Kenyan market face mandatory compliance requirements.

The National Environment Management Authority (NEMA) reaffirmed these obligations during an industry forum on 15 January 2026, following its earlier circular of 14 November 2025. Nationwide enforcement begins on 2 February 2026.

Key EPR Regulatory Updates from NEMA

NEMA has clarified the following compliance rules:

  • Retail restrictions: Retailers will only stock products that meet EPR compliance standards.
  • Responsibility: Producers, brand owners, importers, and packaging users are accountable for compliance.
  • Enforcement: Non-compliant products will be withdrawn from retail outlets. Penalties may include product delisting, supply disruptions, and enforcement action

What This Means for Businesses

While packaging suppliers provide solutions aligned with industry standards, EPR registration, licensing, and proof of compliance remain the responsibility of the product owner or brand. Retailers are entitled to request compliance documentation directly from suppliers.

Mandatory EPR Compliance Requirements for Packaging Users

To remain compliant, businesses must secure:

  1. NEMA Producer Registration Certificate (EPR Registration) – mandatory for producers, brand owners, and importers.
  2. NEMA Licence for Plastic Packaging Material – required where applicable.
  3. Membership with a Licensed Producer Responsibility Organisation (PRO) – e
  4. Compliance Documentation – including registration certificates, PRO membership confirmation, and annual returns.

How to Apply for EPR Compliance Certificates

  1. NEMA Producer Registration Certificate
  • Apply via the NEMA eCitizen Portal.
  • Registration fee: KES 5,050 (KES 5,000 + KES 50 access fee).
  • Required documents: Business registration, KEBS/PCPB/Importer CoC (where applicable).
  1. NEMA Licence for Plastic Packaging Material
  • Apply via the NEMA Licensing Portal using your KRA credentials.
  • Select “Licence for Plastic Packaging Material” and upload required attachments.
  1. PRO Membership
  • Register with an approved Producer Responsibility Organisation (PRO).
  • Example: KEPRO.

Why EPR Compliance Matters

Compliance ensures:

  • Market access – only compliant products will remain on shelves.
  • Sustainability – alignment with Kenya’s waste management and circular economy goals.
  • Risk reduction – avoiding penalties, product withdrawal, and reputational damage.

For consultancy services reach out to us on info@decl.co.ke or call us at 0786560435