GLOBAL - The British government has announced an imminent crackdown on “for-profit” environmental enforcement in England, moving to ban local councils from using private companies that are paid based on the number of fines they issue for offences like littering. This policy shift, confirmed on Thursday, 27 November 2025, raises critical questions for Kenyan urban centres grappling with their own enforcement challenges, even as they operate under a different, public-led system.

Under new statutory guidance from the Ministry of Housing, Communities and Local Government, English councils will be required to terminate contracts where private enforcers retain a significant portion, often between 50% and 100%, of the revenue from each Fixed Penalty Notice (FPN) issued. These on-the-spot fines typically range from £100 to £200 (approximately KSh 16,000 to KSh 32,000) for littering or breaching Public Spaces Protection Orders (PSPOs), which cover offences like dog fouling and street drinking.

The move follows extensive criticism from civil liberties organisations. The Manifesto Club, a prominent advocacy group, reported that private companies, driven by profit motives, issue the vast majority of these penalties, leading to what they term “outrageous injustices.” Josie Appleton, the group's director, stated that at least 75% of PSPO penalties came from private firms, creating a system where financial incentives can override public interest and proportionate enforcement.

The Kenyan Context: Public Enforcement and New Regulations

While the UK retreats from a privatised enforcement model, Kenyan cities like Nairobi face a different set of issues rooted in a public enforcement framework. Environmental enforcement is primarily conducted by County Government Inspectorate officers, popularly known as “kanjo,” and the National Environment Management Authority (NEMA).

Kenya has recently strengthened its legal framework with the Sustainable Waste Management Act, 2022. This legislation introduces stringent penalties and mandates waste segregation at the household level. According to NEMA, failure to separate organic and non-organic waste can result in a fine of KSh 20,000, a six-month jail term, or both. The Act assigns county governments the responsibility of implementing waste management functions, including licensing waste service providers and establishing Material Recovery Facilities.

For private entities, the penalties are even steeper. The Act stipulates that companies failing to manage waste according to the law face fines of at least 5% of their net income from the previous year or KSh 5 million, whichever is higher. This legislative overhaul aims to embed principles of a circular economy and extended producer responsibility, where manufacturers are accountable for the post-consumer stage of their products.

A Tale of Two Systems: Lessons in Governance

The UK's decision to ban “fines farming” highlights the potential dangers of outsourcing punitive powers to profit-driven entities. Critics in England argued the system created perverse incentives, leading to aggressive tactics and penalties for minor, sometimes accidental, infractions. The lack of a simple appeals process, often forcing citizens to contest fines in court at the risk of a criminal record, was another major point of contention.

In contrast, Kenya’s challenges are not with privatisation but with the capacity, consistency, and public perception of its public enforcement bodies. While Nairobi City County has policies and frameworks for waste management and environmental protection, implementation remains a significant hurdle. Public discourse often centres on the effectiveness and integrity of county officers, with persistent concerns over corruption and arbitrary enforcement.

The UK experience serves as a cautionary tale for any future considerations of public-private partnerships in enforcement within Kenya. As county governments are mandated to develop and fund their own waste management regulations under the new Act, the English model's failure underscores the importance of ensuring that any enforcement mechanism, public or private, is driven by public interest rather than revenue generation. The focus, as suggested by both the UK government's new guidance and Kenya's Sustainable Waste Management Act, must remain on genuinely reducing pollution and fostering a cleaner, healthier environment for all citizens.