Senators have accused the Ministry of Environment, Climate Change and Forestry of failing to enforce environmental laws, arguing that weak implementation has allowed industrial pollution, hazardous waste and environmental degradation to persist despite Kenya having a strong legal framework.
The concerns were raised on Wednesday as Environment Cabinet Secretary Dr Deborah Mulongo appeared before the Senate to answer questions from Nominated Senator Hamida Kibwana on the Government's preparedness to tackle industrial pollution, unsafe waste disposal and toxic exposure.
Kibwana sought details on measures the Ministry has put in place to prevent industrial pollution, regulate electronic waste and stop the illegal dumping of hazardous substances. She also questioned how the Ministry works with the National Environment Management Authority (NEMA), county governments and other agencies to monitor pollution hotspots, whether a national environmental health assessment has been carried out and the reforms being introduced to strengthen pollution control.
Responding to the concerns, Mulongo said Kenya already has comprehensive environmental laws anchored in the Environmental Management and Coordination Act (EMCA), the Sustainable Waste Management Act, 2022, and regulations gazetted in 2024 covering air quality, water quality, hazardous chemicals, waste management and Extended Producer Responsibility (EPR).
She said the legal framework gives NEMA powers to inspect facilities, issue improvement notices, order environmental restoration, shut down non-compliant industries and prosecute offenders.
According to the Cabinet Secretary, the Ministry stepped up enforcement during the past financial year through targeted inspections and compliance programmes.
She told senators that NEMA inspected 101 facilities within the Nairobi Metropolitan Area to curb the illegal discharge of industrial waste into rivers and waterways. The authority has also begun identifying and shutting down 400 illegal discharge points along the Athi-Galana-Sabaki River system.
Mulongo said environmental audits remain a key compliance tool, with 6,673 audits submitted during the 2024/25 financial year and nearly 9,800 reviewed in the current financial year. She said the reviews resulted in improvement notices and corrective directives for facilities found to be violating environmental standards.
The inspections, she added, have targeted hospitals, agrochemical companies, renewable energy projects, mining operations and asbestos disposal sites.
Industries found violating environmental laws face improvement orders, restoration directives, closure notices and criminal prosecution where necessary.
The Ministry reported that two facilities had been closed for environmental violations, while five people were arrested and prosecuted during the previous financial year for illegally discharging industrial effluent.
Mulongo also defended the implementation of the Extended Producer Responsibility framework, saying manufacturers are now legally required to take responsibility for waste generated by their products after consumption.
She said four Producer Responsibility Organisations are currently managing electronic waste, hazardous waste and other waste streams, while 296 producers whose waste polluted rivers have been compelled to undertake clean-up exercises.
To strengthen enforcement, Mulongo said NEMA has expanded its inspection capacity by training officers from county governments and other agencies.
"The Ministry has also expanded enforcement capacity by training officers from county governments and other lead agencies through the Basic Enforcement Course, after which they are gazetted as environmental inspectors," stated the Cabinet Secretary.
She also highlighted NEMA's Incident Management System, which enables members of the public to report environmental incidents for immediate response.
"Twelve incidents involving hazardous chemical spills, fires, leaks and toxic releases had already been responded to during the current financial year and remained under monitoring until affected sites are fully restored," she disclosed.
Mulongo further revealed that the Government had completed a nationwide environmental health assessment covering all 47 counties under the Africa Environmental Health and Pollution Management Programme implemented between 2020 and 2025.
The assessment identified open burning of mixed waste and electronic waste as major sources of toxic emissions and heavy metals, while informal electronic waste recycling continues to expose workers and nearby communities to dangerous substances such as lead and mercury.
She said the findings informed new waste management regulations, Extended Producer Responsibility regulations and the framework governing hazardous chemicals. Other reforms include stronger penalties for polluters, improved laboratory capacity, digitised compliance systems and integrating informal electronic waste handlers into regulated recycling programmes.
Despite the Ministry's response, senators insisted that pollution remains widespread because environmental laws are not being effectively enforced.
Tana River Senator Danson Buya raised concerns over environmental destruction caused by gypsum mining in his county.
"There is serious environmental degradation. The people of Tana River today are suffering because of gypsum mining and the open pits are left like that. When did you last send and arrest environmental degradation."
Makueni Senator Dan Maanzo questioned the progress of the Nairobi River restoration programme.
"What is even the status of cleaning Nairobi river? This is a river which goes to river Athi. What's the status of cleanliness?"
Kakamega Senator Boni Khalwale called for urgent intervention to address raw sewage flowing into River Nyando and through Kakamega town.
"CS you're missing in Kisumu and Kakamega county. Can you make an undertaking that she is going to dispatch the team to see how raw sewer is released into River Nyando and how it's splashing in the city center of Kakamega town."
Busia Senator Okiya Omtatah also questioned the credibility of environmental reports produced by the Ministry.
"Is the CS in preparing this place because I have quashed many reports which have been found to be fictitious like the recent one of the affordable housing in Lang'ata."
The lawmakers maintained that the Government should focus on enforcing existing environmental laws instead of introducing more policies that have yet to deliver measurable results.
In her closing remarks, Mulongo assured the House that the Government remains committed to protecting Kenyans from industrial pollution, hazardous waste and toxic exposure through stronger enforcement, closer collaboration with NEMA, county governments and other regulatory agencies.