Obstacles to Compliance With Regulatory Obligations Relating to the Recycling of Used Lead-acid Batteries in Kenya
Abstract
Despite the enactment of an elaborate framework to regulate the handling of used lead-acid
batteries in Kenya, the country has witnessed numerous cases of lead poisoning and pollution
stemming from the handling of these batteries leading to serious health complications, loss of lives
and property and, significant degradation of the environment. This study sought to examine why
handlers of used lead-acid batteries in Kenya are unable to prevent and mitigate cases of lead
pollution and poisoning arising from the collection, transportation, disposal and recycling of used
lead-acid battery despite the existence of a robust regulatory framework. Specifically, the study
sought to identify the obstacles that hinder compliance with regulatory obligations relating to the
handling of used lead-acid batteries. The study was conducted under the rationalist compliance
theory which provides a basis for firms’ compliance with laws and is a valuable optic for observing
and comprehending behavior that drives compliance as well as reasons for those behaviors. The
study was conducted using a mix of qualitative and quantitative methods. The quantitative aspects
of the study were based on a survey of 5 scrap metal dealers and 22 motor vehicle owners in
Viwandani ward in Makadara sub-county of Nairobi City within the Republic of Kenya. The
qualitative aspect was based on in-depth interviews with key informants from the National
Environment Management Authority in Kenya and with key informants from the Associated
Battery Manufacturers Limited, the only licensed enterprise by the National Environment
Management Authority to recycle used lead acid batteries. A content analysis of the legal
framework governing the recyling of used lead-acid batteries was also conducted to identify any
gaps in the framework. The data collected was edited, coded, classified and tabulated in an excel
sheet in preparation for analysis. The analysis was then presented in the form of pie-charts. The
results revealed that awareness of the regulatory obligations and technological constraints
constitute the greatest obstacles to the compliance with regulatory obligations relating to the
handling of used lead-acid batteries. Inadequate enforcement also seems to play some role in noncompliance.
In addition, the regulatory framework governing the handling of used lead-acid
batteries, does not extend the responsibility of manufacturers of used lead-acid batteries to collect
and recycle the batteries. Further, the framework does not contain any provision that would
encourage or motivate consumers of lead-acid batteries to collect and return the batteries to the
manufacturer or a recycler. The national environment management authority pursuant to its
mandate under section 9(2)(m) of the Environmental Management and Coordination Act, 1999
may wish to consider developing and rolling-out a programme to sensitize handlers of used leadacid
batteries such as scrap metal dealers, owners of motor vehicles and recyclers of used leadacid
batteries about the hazards of these batteries as well as environmentally sound ways of
collecting, transporting, disposing and recycling of the ULABs. Secondly, since environmental
regulatory programs typically require significant capital expenditures for technologically complex..............
Publisher
University of Nairobi
Rights
Attribution-NonCommercial-NoDerivs 3.0 United StatesUsage Rights
http://creativecommons.org/licenses/by-nc-nd/3.0/us/Collections
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