The National Environment Management Authority (NEMA) has warned Kenyans over the unlawful importation, manufacture, sale, and use of banned plastic bags and packaging materials.
Through a notice issued on Tuesday, September 23, NEMA noted that persons caught flouting the law would risk a jail term of between one and four years or a fine of Ksh2-4 million, or both.
The Authority noted that the warning came amidst an observed increase in the use of plastic bags, despite an ongoing ban on the products that has been in effect since 2017.
“The National Environmental Management Authority (NEMA) has noted with great concern the re-emergence of unlawful importation, manufacture, use, and sale in retail outlets of banned plastic bags and packaging materials,” NEMA stated.
“Members of the public are advised that any person who manufactures, imports, exports, uses, sells, offers for sale or possesses plastic carrier bags or plastic flat bags without a licence commits an offence and shall, on conviction, be liable to a jail term not less than one year but not more than four years or to a fine of not less than two million shillings but not more than four million shillings or both such fine and imprisonment,” the Authority added.
To that effect, NEMA announced that it would begin a crackdown on plastic bags, geared toward enforcing existing laws.
“The Authority continues to carry out inspection/enforcement activities and regulation on the use, manufacture, and importation of plastic carrier bags and plastic flat bags to ensure compliance with the law, while assuring the public of its commitment to ensure a clean, healthy, and safe environment for all,” it noted.
The ban on plastic bags came into effect in August 2017 and was formalised through a gazette notice. In the ban, the use of plastic bags for commercial and household purposes was prohibited. Also, the use of plastic flat bags outside industrial settings as secondary packaging was prohibited.
It followed earlier partial bans targeting plastic bags below a certain thickness or in specific locales, but these were either less stringent or less enforceable.
However, there were several exceptions to the ban, with plastic bags for primary industrial packaging and garbage bin liners allowed for use.
Further, those who wished to manufacture, import, export, possess, use, or offer for sale flat plastic bags had to apply to NEMA for a licence in accordance with the Management and Control of Plastic Packaging Materials Regulations, 2024.
Another directive issued was that persons wishing to sell or offer for sale plastic packaging materials in Kenya had to ensure that the name and contact details of both the user and the manufacturer were clearly printed on the material after getting authorisation from the Authority.
