The High Court of Kenya has dismissed an application seeking to temporarily suspend the government-initiated ban on plastic bags.
In the ruling delivered Friday afternoon, Environment and Land Court Judge Bernard Mweresa noted that environment protection overrides commercial interests, hence, the ban would continue as scheduled.
"Granting the orders sought will severally undermine the protection of the environment while serving commercial interests," Justice Eboso said.
The petition was filed on July 13 by importers, wholesalers and retailers of plastic bags who sought to have the court quash the ban.
Through an urgent application, Kenya Association of Manufacturers (KAM) and businessmen Frederick Gichuhi and Stephen Mwangi, claimed that they were not consulted before the ban notice was issued.
The petitioners claimed that Environment Cabinet Secretary Judi Wakhungu issued the gazette notice on February 28 contrary to the Statutory Instruments Act of 2013.
They further accused the CS of not having conducted an extensive impact assessment of the ban, therefore, the six-month notice was not adequate for them to clear all stocks and fulfil their contractual obligations.
The Government had defended itself, citing that the Environment ministry issued the notice in full compliance with its mandate to ensure that Kenya's environment is safeguarded and free from harmful substances.
National Environment Management Authority (NEMA) Director General Geoffrey Wahungu, on Thursday, echoed the sentiments stating that the ban fully complied with the law.
"The law was made in a consultative manner. The Cabinet Secretary didn’t Gazette the Act in a vacuum. There were proper and sufficient consultations," he had stated.
The ban will take effect from Monday, August 28.
The fine for those found in possession of the banned plastic bags has been set at Sh4 Million or a jail sentence of two years.
The court will resume hearing the manufacturers’ case on September 21.
