The Eldoret Environment and Land Court has temporarily halted the implementation of the Sustainable Waste Management (Extended Producer Responsibility) Regulations, 2024, citing lack of public participation in their formulation.

In a ruling delivered on July 15, 2025, Justice E. M. Washe directed that Gazette Notice No.176 of 2024, which had introduced the regulations through Kenya Gazette Supplement No.196, be stayed until the matter is heard inter partes on September 23, 2025.

The case, filed under number ELCEPPET/E003/2025, centers on a petition by citizens challenging the Ministry’s decision to gazette the regulations without engaging the public.

The petitioners, represented by lawyers Kagimbi and Mwangangi, argued that the Cabinet Secretary’s delegated powers must be exercised in line with constitutional requirements, particularly Articles 10 and 47, which mandate transparency, accountability, and public participation in governance.

“The Minister did not allow and/or undertake the public participation as provided in the Constitution,” the petitioners submitted, insisting that the regulations imposed financial levies on essential products under Regulation 6 and Schedule 1 without due process.

They further argued that if the regulations were to be implemented, there was no mechanism for refunding levies unlawfully deducted in the interim, leaving citizens vulnerable to financial losses.

Respondents’ Position

In response, the 3rd Respondent’s counsel, Emacar, noted that while a refund mechanism could be possible, it would require the creation of additional regulations.

However, the court noted that such obligations could not be imposed on citizens without prior consultation and approval through constitutionally required procedures.

Court’s Ruling

“The court is satisfied that there are indeed financial obligations that are being imposed on the Citizen of Kenya based on this Gazette No.176 of 2024. Such obligations ought to be made aware to the public through public participation so that they are acceptable and lawful with the statute and Constitution,” Justice Washe ruled.

The respondents, represented by Cheruiyot for the 2nd and 4th Respondents and Mr. Emacar for the 3rd Respondent, were granted 21 days to file and serve their responses to the application dated July 4, 2025.

The petitioners will then have 14 days to file any further affidavits in reply.

Next Hearing

The matter is set for inter partes hearing before Environment and Land Court No.1 in Eldoret on September 23, 2025.

The ruling was made in the presence of court assistant Brian, with the 1st Respondent absent.

A Case file ruling submitted to the Eldoret Environment and Land Court. PHOTO/ Eldoret Environment and Land Court.