The vibrant second-hand clothing trade, affectionately known as "mitumba," faces an imminent threat of collapse in Kenya due to a proposal spearheaded by France, Sweden, and Denmark, with support from Finland and Austria, to internationally ban the export of textile waste, under the Basel Convention. While the definition of textile waste remains a subject of debate, this proposal could significantly hurt the local second-hand clothing sector.

The blame for this serious situation largely rests with an international syndicate comprising charities collecting clothes from well-intentioned donors in the Global North, textile recycling companies responsible for sorting and grading, and importers in Kenya who have neglected environmentally and sustainable business practices. 

Consequently, substandard clothing inundates Kenya, with traders reporting that up to 40 percent of each bale is unsellable, as revealed by research conducted by the Changing Markets Foundation, Clean Up Kenya, and Wildlight. These unsellable garments, derogatorily referred to as "fagia" in Swahili to mean ‘that which you sweep away’, primarily end up in the repurposing industry which generates tremendous amounts of waste or in the rags industry, exacerbating Kenya’s terrestrial and aquatic pollution including on Nairobi River.

To put this into proper perspective, 1 billion kilograms of second-hand clothing has been imported in to the country in the last seven years, about 400 million of this being “fagia”. 

This cartel, driven solely by self-interest and disconnected from the concerns of consumers and traders, obstinately refuses to acknowledge the detrimental environmental and social ramifications of their trade. This cartel is an extension of the ultra-fast fashion industry, which is over producing low quality cloth and driving overconsumption in the West, leading to tremendous amounts of used clothing being available for exports to countries with insufficient waste infrastructure. 

Moreover, they are actively lobbying across Europe to thwart scrutiny into the trade and are resisting Kenya's efforts to implement the Extended Producer Responsibility law, which would hold businesses financially accountable for their products' lifecycle.

Should Western nations proceed with the ban, the repercussions would be catastrophic, leading to mass unemployment, hindering Kenya’s access to affordable clothing, and inflicting economic harm through reduced tax revenue. These dire consequences are entirely avoidable if the cartel would engage constructively.

Therefore, we, the undersigned, urgently petition the following:

1. Minister for Environment and Climate Change, Ms. Soipan Tuya, to issue a comprehensive statement addressing concerns regarding the environmental impact of the second-hand clothing trade in Kenya and outlining the government's plans towards fostering sustainable practices within the sector.
2. Minister of Investment, Trade, and Industry, Ms. Rebecca Miano, to release an official statement addressing the implications of the proposed export ban on textile waste, emphasizing the potential for massive job losses and the threat it poses to Kenya's access to affordable clothing.
3. The Speakers of the National Assembly and Senate put up these matters for debate in both Houses of Parliament, building on a question that has been asked in the Senate by Senator Hamida Kibwana on dumping of textile waste to Kenya.
4. National Environmental Management Authority to issue restoration orders against prominent importers identified in the UN Comtrade Trade Data of 2021 (Full list to be separately sent to NEMA). These orders should mandate the reclamation of polluted sections of Nairobi River to begin with, particularly around Gikomba market, heavily impacted by textile waste, but should be extended nationally.
5. National Environmental Management Authority to enforce compliance of the Sustainable Waste Management Act of 2022 among all importers of second-hand clothing. This includes mandatory membership in a Producer Responsibility Organization as part of Extended Producer Responsibility compliance or production of proof of an EPR plan.

We implore the above authorities to act swiftly and decisively to safeguard the interests of the Kenyan people, protect the environment, and ensure the sustainability of the second-hand clothing trade in Kenya.

Signed:

Petition Lead – Betterman Simidi Musasia 

Co-Petitioner – Janet Chemitei

Co-Petitioner – Ruth Okinyo

To learn more about our advocacy work on sustainable production and consumption of clothing, visit https://cleanupkenya.org/textile-waste-advocacy/

To support our work visit https://cleanupkenya.org/support-us/