Importation of electronics and electricals that are older than twelve years will soon be prohibited in Kenya. This is according to draft regulations by the National Environment Management Authority (NEMA).
The draft regulations, says NEMA, are aimed at curbing the dumping of e-waste into the Kenyan market. These regulations will impact the importation of electronics such as refrigerators, televisions, smartphones, computers amongst other home and office appliances.
“Age restrictions are based on UNEP (United Nations Environment Programme) technical guidelines establishing 10 to 12 years as a threshold beyond which equipment typically requires replacement rather than repair,” states the impact assessment report on the Environmental Management and Coordination Electrical and Electronic Waste Management Regulations 2025.
The report goes on to state that the new regulations once passed shall “prohibit import of electronic and electrical equipment (EEE) above 12 years from the manufacturing date except heritage and, or museum items.”
The regulations further state that electronic and electrical equipment shall be declared as waste if they are unused for over twelve months, fail functionality tests, cost of repairing them goes above 60 per cent of the current market price, or if they contain prohibited components.
In addition to this, non-functional or hazardous items such as those that contain substances such as chlorofluorocarbons (CFCs), mercury switches and lead solder shall be barred.
Electronic and electrical equipment that are performing below 85 percent of the original specifications will be declared as waste at the port of entry even if they are below the maximum age of 12 years.
At the same time, all second-hand equipment shall be tested in laboratories that will be approved by the Kenya Bureau of Standards (KEBS) to ensure they meet the minimum entry requirements under the regulations.
The draft regulations further state that the Kenya Revenue Authority (KRA) will withhold the clearance of the imports until a compliance certificate is issued by NEMA.
Importers who are found importing equipment that violates these rules shall be subject to a fine of up to Sh10 million or 10 percent of the imported goods, which is higher. The importer will also face a possible ban from importing goods into Kenya and or a jail sentence.
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