Kenya advances towards Bamako Convention ratification after decades of delay

KENYA – Over three decades after signing the Bamako Convention, Kenya is moving closer to ratifying the treaty aimed at controlling hazardous waste imports and transboundary movements within Africa.

The development comes amid heightened scrutiny of the country’s environmental enforcement, highlighted by the infamous Owino Uhuru lead poisoning case.

In 2007, Metal Refinery (EPZ) Ltd began smelting lead-acid batteries in Mombasa’s densely populated Owino Uhuru settlement without proper environmental safeguards.

The operations exposed residents to toxic lead dust, fumes, and wastewater, resulting in over 20 fatalities and chronic health issues affecting children and adults alike.

Despite clear environmental laws prohibiting such hazardous activity, the company was licensed, in violation of both Kenya’s environmental statutes and the Basel Convention obligations.

Following years of litigation, Kenya’s Supreme Court in December 2024 upheld a KES 1.3 billion (US$12 million) compensation award to the affected community and affirmed the negligence of the National Environment Management Authority (NEMA).

The case underscored gaps in enforcement and the dangers of weak regulatory oversight.

Environmental experts now see Kenya’s ratification of the Bamako Convention as a critical step toward preventing similar crises.

Adopted in 1991, the Convention bans the import of hazardous and radioactive waste into Africa and mandates strict management of toxic materials within the continent. While Kenya signed in 2003, domestic legal alignment has been slow.

Recent legislative and regulatory progress, however, demonstrates significant momentum. In 2023, Parliament adopted a motion supporting ratification.

The Environmental Management and Co-ordination Act (EMCA) of 1999, updated in 2015 and 2019, provides a robust legal framework for hazardous waste management, including permit systems, classification criteria, and export/transit controls.

Complementary measures include the Environmental Management and Co-ordination (Waste Management) Regulations, 2024, which establish a digital National Waste Information System and strengthen transboundary monitoring.

Kenya’s Sustainable Waste Management Act, 2022, introduces extended producer responsibility (EPR) and upcoming e-waste management regulations, addressing rising volumes of toxic electronic waste.

NEMA Director General Mamo Mamo highlighted that the country’s existing laws, once fully enforced, are sufficient to operationalize the Bamako Convention domestically.

Environmental analysts argue that ratification and domestication will not only improve enforcement and transparency but also enhance inter-agency coordination, enable proper inventories of hazardous waste, and empower prosecution of illegal operators.

Dr Faridah Were, University of Nairobi chemist, notes that full domestication could prevent crises akin to Owino Uhuru and streamline judicial processes for affected communities.

“Had Kenya ratified the Convention earlier, accountability and remediation would have been far more straightforward,” she said.

As Kenya edges closer to ratification, stakeholders hope the move will reinforce hazardous waste governance, safeguard human health, and curb the transboundary flow of toxic materials across the region.

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