Plastic Bags Ban: Ministry Of Environment Sued For Unlawful Notice

The Ministry of Environment and Natural Resources has been dragged to court for its ‘unlawful’ plastic bags ban.

Two plastic bags importers Fredrick Njenga and Stephen Mwangi are asking the courts to overturn the ban claiming that it did not comply with the Statutory Instruments Act 2013.

See Also: Waste Management: Kenya Bans The Manufacturing And Use Of Plastic Paper Bags

The applicants further argued that the six-month timeline for compliance is not enough. They told the court they would require ample time to clear all stocks and fulfill their contractual obligations.

Njenga and Mwangi also told the court that there was no stakeholders input before the decision was made, claiming they, together with their employees, would suffer a huge economic loss should the plastic bags ban be upheld.

In response, the ministry through its secretary administration for the State of Department of Environment, William Kiprono, says that the application is misconceived and bad in law.

He said the Ministry has powers under the environmental and Coordination Act Cap 387 for public good adding that the applicants have not challenged the said power to formulate the regulation neither have they proved with evidence that the said regulations were formulated and gazette in contravention of any law.

“A grant of the orders sought by the applicants will affect the wider public interest,” argued Kiprono.

Kiprono also refuted the allegation that stakeholders were not consulted by the ministry before the plastic bags ban was published. He said the ministry through NEMA have been engaging the sector on a new approach of stoppage with a total of ten meetings held between the ministry, NEMA and stakeholders.

Read: Plastic Bags Users To Face Huge Fines Or Long Jail Term: What You Should Know

He then asked the court to dismiss the case by first saying that half of the estimated 24 million plastic bags used in Kenya monthly end up in municipal solid waste.

The plastic bags are easily blown around and are eaten by livestock and wildlife which results in their death.

“Current research undertaken in the past years from Sekenani and Masai Mara has shown that nearly 40% of cattle and goats that died during the drought had ingested plastic bags, sufficient to have caused premature deaths.”