The Role of Regulatory Framework on E-waste in Kenya: Case of Nairobi County (2010-2022).

Abstract

This study examined the role of regulatory framework on e-waste in Kenya, case of Nairobi County as from 2010-2022.The absence of regulation, guiding policy and strategy, insufficient capacity, resources, skills, and infrastructure such as recycling systems to tackle the electronic and electrical challenge effectively has increased the level of human exposure to unhealthy environmental conditions. The study intended to determine the trends driving e-waste generation in emerging economies; to assess the challenges faced by the absence of policies and regulations on e-waste in Kenya; and to assess the role played by institutions, regulations, and policies on e-waste in Kenya. This literature identified that there is a need to place a proper legal framework to tackle e-waste management in Kenya and this need is reflected through governance theory and system theory. The study used qualitative research design where exploratory and phenomenological research design methods were applied using unstructured questionnaires. The target population was Nairobi with a sample population being acquired from Nairobi industrial area and CBD to form 46 respondents. The data was collected using secondary sources and as well as relying mainly on primary sources. The study identified that there is huge volume of unmanaged e-waste in Nairobi County a clear indication of lack of disposal mechanism. There exist institutions, such as Ministry of ICT, Ministry of Environment, Public Procurement Oversight Authority, County Government of Nairobi, that have been working closely with NEMA to not only formulate but also to implement the e-waste management. This led to formulation of ICT policy, EMCA, Public Procurement and Disposal Act, among other policies and legal instruments. However, there is still a feeling of the implementers such as Nairobi City County government, waste collectors and recyclers not doing enough to manage e-waste in Nairobi county. This has been driven partly due to lack of proper awareness on e-waste management for the public and private sectors (WEEE centre, Computer for schools, Safaricom, JKUAT) to engage in the management of e-waste. The Nairobi County Government should work closely with the National Government of Kenya to ensure that an operational legal framework replaces the draft e-waste regulations of 2011. This will also ensure that there is a special ministry or department focusing on e-waste to support NEMA and the Ministry of Environment in managing e-waste. However, Nairobi County government lacks an institution that works closely with other institutions to ensure that e-waste is properly managed and recycled where possible. The study recommends for close cooperation among stakeholders to achieve e-waste management goals, actualizing the existing legal framework and policies on e-waste to be operational in Nairobi county through proper coordination, and that these policies and framework should be subjected to periodic review to ensure they tackle contemporary issues in e-waste management, and finally expand the number of institutions to complement the existing institutions in e-waste management.