MAUREEN WANJUGU MWANGI VS STATE LAW OFFICE AND National Assembly AND 2 Others

RULING

1. The application dated 04.07.2025 is seeking to stay the implementation of the Gazette Notice No.176 of 2024 which gazettes The Sustainable Waste Management (Extended Producer Responsibility) Regulation, 2024.
2. The main ground seeking for the stay of the Regulations is the lack of public participation prior to the gazettement of the Legal Notice No.176 of 2024. 
3. The Petitioner is of the considered view that although the Minister has delegated powers to prepare and gazette the regulations, these powers must be exercised in line with the Constitution and in particular Articles 10 and 47 of the Constitution.
4. The Petitioner is aggrieved that the Minister did not allow and/or undertake the public participation as provided in the Constitution.
5. Similarly, the Regulations also impose levies on essential products in Regulation 6 and Schedule 1 of the said Regulation.
6. If the regulations were to be implemented, there is no mechanism that is provided in the Regulations or main statute to refund or make good the changes the public will have and between the period the regulations are implemented and when the levies are deducted unlawfully.
7. The Respondents have stated that they are yet to file their responses due to the late filing.
8. Counsel for the 3^rd Respondent stated that there is a possibility for a refund although it would require that the regulation be created.
9. In view of the above submission and the pleading in both the Petition and the present application, this court is satisfied that there are indeed financial obligations that are being imposed on the Citizen of Kenya based on this Gazette No.176 of 2024.
10. Such obligations ought to be made aware to the public through public participation so that they are acceptable and lawful with the statute and Constitution.
11. To this effect, the Gazette Notice No.176 contained in the Kenya Gazette Supplement No.196 known as The Sustainable Waste Management (Extended Producer Responsibility) Regulations, 2024 be and hereby stayed in terms of their implementation pending the inter-parte hearing of the application dated 04.07.2025 on 23.09.2025 before ELC No.1.
12. The Respondents are granted leave of 21 days to prepare, file and serve their responses to the application dated 04.07.2025.
13. The Applicant will have leave of 14 days upon service of the Respondent responses to file and serve any further affidavit if need be.

IN THE PRESENCE OF;

Court Assistant: Brian

Plaintiff: Mr. Kagimbi and Mr. Mwangangi for the Petitioners/Applicant

Defendant: Ms. Cheruiyot for the 2^nd and 4^th Respondent/Respondent

  Mr. Emacar for the 3^rd Respondent/Respondent

  1^st Respondent – N/A