Memorandum

Data on the Generation and Transboundary Movements of Hazardous Wastes and Other wastes in 2002 (as reported)		Quantities (in metric tons)
Generation	Amount of hazardous wastes generated under Art. 1(1)a (Annex I: Y1-Y45) of BC
	Amount of hazardous wastes generated under Art. 1(1)b of BC
	Total amount of hazardous wastes generated	^1)
	Amount of other wastes generated (Annex II: Y46-Y47)	Not reported
Export	Amount of hazardous wastes exported	Not reported
	Amount of other wastes exported	Not reported
Import	Amount of hazardous wastes imported	Not reported
	Amount of other wastes imported	Not reported

1) Survey Report "Tuba hazardous waste treatment storage and disposal central facility study" by Fichtner and Consulting Engineering Center (Fichtner -CEC, 2003) records actual waste data collection and data projection for the year 2002 as follows: Type of hazardous waste (Result of Sample survey) = 62,157 metric tons / annum. Type of hazardous waste (Estimation out of sample survey) =112,539 metric tons/annum.

Basel Convention 2002
Country Fact Sheet 2002

Kenya

Status of Ratifications:
Party to the Basel Convention:	01.06.2000 (a)
Amendment to the Basel Convention:	-
Basel protocol on Liability and Compensation:	-

(Accession (a); Acceptance (A); Approval (AA); Formal confirmation (c); Ratification; Succession (d))

Competent Authority	Focal Point
Competent Authority is not designated                              Focal Point is not designated Available contact information: Ministry of Environment and Natural Resources                                       Kencom House, P.O. Box 67839,Nairobi, Kenya                                      Tel: [phone]                                      Fax: [phone]

National Definition

National definition of waste used for the purpose of transboundary movements of waste exists in Kenya. National definition of hazardous waste used for the purpose of transboundary movements of waste exists in Kenya. "Hazardous waste" means any waste which has been determined by the Authority to be hazardous waste or to belong to any other category of waste provided for in section 91 (Environmental Management and Coordination Act, 1999). There are no wastes defined as, or considered to be hazardous wastes by national legislation in accordance with Art. 1, para 1(b) of the Basel Convention. Kenya requires special consideration for the following waste(s) when subjected to transboundary movement: Radioactive waste; Persistent waste; Carcinogen waste; Toxic waste; Corrosive waste; Explosive waste; and Flammable waste.

Restrictions on Transboundary Movement	Amendment to the Basel Convention The amendment to the Basel Convention (Decision III/1) has not been implemented in Kenya. Process of ratification started and the Environmental Management and Coordination Act, 1999 Bans import of waste into Kenya.
	Restrictions on export for final disposal Kenya restricts the export of hazardous wastes and other wastes for final disposal. Environmental Management and Coordination Act, 1999. The restriction covers all countries. Wastes allowed into Kenya if on transit to export country for environmentally sound disposal; prior informed consent given; and approval given by Director General - NEMA.
	Restrictions on export for recovery Kenya has no restrictions on the export of hazardous wastes and other wastes for recovery. Environmental Management and Coordination Act, 1999 and its regulations on Waste. The restriction covers all countries except Uganda and Tanzania. Kenya is a transit state for Uganda, Tanzania, Rwanda, Burundi and Democratic Republic of Congo for which bilateral relations on transit goods relate.
	Restrictions on import for final disposal Kenya restricts the import of hazardous wastes and other wastes for final disposal. The restriction covers all countries.
	Restrictions on import for recovery Kenya restricts the import of hazardous wastes and other wastes for recovery. Environmental Management and Coordination Act, 1999 and Pest Control Products Act. The restriction covers all countries.
	Restrictions on transit Kenya restricts the transit of hazardous wastes and other wastes. Environmental Management and Coordination Act, 1999. The restriction covers all countries. All transit wastes cannot be offloaded for repackaging while in transit.

Reduction and/or Elimination of Hazardous Waste Generation	National strategies/policies Sessional Paper on Environmental and Development; Sessional paper No. 6 on Industrialisation to the year 2020; and The constitution of Kenya. Legislation, regulations and guidelines The Environmental Management and Coordination Act, 1999; and Factories and Other places of work, 1990 Public Health Act.
	Economic instruments/ initiatives Under EMCA there is provision for: Emission licenses; Duty waivers for pollution control equipment; Tax rebates; and Deposit bonds
	Measures taken by industries/waste generators Adoption of ISO 14000 Environmental Management systems that provide for preventive and corrective measures; many industries are adopting cleaner production system; and risk surveys to address insurance related.
	Others Many companies now have environment, health and safety (EHS) at Senior Management levels; Sector groups (tanners and Kenya Flower council); There are company of the year (COYA) awards for best performing industries on waste.

Transboundary Movement Reduction Measures	National strategies/policies No measures taken yet. Legislation, regulations and guidelines None.
	Measures taken by industries/waste generators Many are installing on site treatment facilities; adoption of more efficient environment practices; increase re-use, recycle and reclamation; and avoiding problematic chemicals.
	Others Kenya has banned use of chemicals that may require treatment and disposal oversees such as PCBs and many of the pesticides under the Stockholm Convention on Persistent Organic Pollutants.

Disposal/ Recovery Facilities

Recovery/recycling/re-use facilities Optimum lubricants; Waste oil refinery; Chloride Exide; Used Batteries, recovery of lead, Used plastics; Kenya Paper Ltd; Waste paper recycling; Central Glass Works; Waste glass recycling;

Bilateral, Multilateral or Regional Agreements

Bilateral agreement; The arrangement concerns import of halogenated organic compounds (belonging to Y-categories Y4, Y10, Y39, Y41, Y43) from Kenya to Finland for final disposal. Due to the fact that Kenya became a Party to the Basel Convention in year 2000 the arrangement is not necessary any more; Republic of Kenya and Finland; 07.03.1997 -

Technical Assistance and Training Available

Kenya Industrial Research Institute Kenya Ports Authority National Environment Management Authority Government Chemist - Mombasa Kenya National Cleaner Production