• Plastic Bags

Ban on Plastic Carrier Bags

IT IS ILLEGAL TO USE, IMPORT OR MANUFACTURE PLASTIC CARRIER BAGS IN KENYA

PREVIOUS INFORMATION ON PLASTIC BAGS BAN

The processing of clearances for primary industrial plastic packaging is now being done online through the NEMA Licensing Portal. Applicants are required to register and do the applications (initial/renewal) online. Applicants are encouraged to register with Extended Producer Responsibility Organizations (EPROs) for purposes of facilitating take-back mechanisms/schemes.

This month marks two years since the ban on plastic bag took effect. Hitherto, there has been over 500 arrests and 300 prosecutions. Those found culpable have been fined between Ksh 50,000 and Ksh 150,000 with some jailed.

Most importantly, the Authority has reported increased levels of compliance with ban. Notably, the public has changed attitude towards their view on plastic bags and their usage in relation to the environment. Moreover, there been visible cleanliness in most towns that previously used to be dotted with plastic carriers bags hanging loosely on buildings and trees. 80 percent compliance with the plastic ban has been recorded.

According to Cabinet Secretary for Environment and Forestry, Keriako Tobiko there has been tremendous progress in the enforcement of the plastic bags ban. This has resulted into significant reduction in circulation of the banned plastic bags. The CS notes that the ministry will continue to monitor the progress of the ban by ensuring continued enforcement to foster compliance as well as providing the necessary resources. Mr. Keriako also challenges County Government to up environmental conservation agenda to complement the national government efforts.

The 2017 plastic ban was one of the best things to deal with solid to happen in this country, Ag. Director General, Mamo B. Mamo says. Mr. Mamo states that following over a decade of engagement with the relevant stakeholders, the ministry of environment and NEMA felt that it was the right time to effect the ban.

“Plastic bags caused a lot of insolvencies into the environment majorly due to throw away culture by most Kenyans, the Authority felt the need to do something to ensure a clean environment is safeguarded,” Mr. Mamo says.  The right to a clean and healthy environment is recognized and protected under Article 42 of the Constitution of Kenya.

With the ban, Kenya become one of the few countries to ban plastic bags globally acting as a benchmark to most countries in the world especially our neighbours in East Africa.

NEMA’s Director Legal Services, Irene Kamunge chairs the committee on plastic bag ban implementation in the country. She says that the mandate of the committee focuses on compliance, enforcement, awareness creation and research which has largely contributed to the success of the ban.

A research sanctioned by NEMA in 2018 on prevalence of plastic bags in rumens of slaughtered livestock in Nairobi’s abattoirs found out that more than 50% of livestock have ingested plastic bags. These animals suffer from various conditions such as depression, being weak and bloating affecting milk and beef production. The researchers concluded that the ban on plastic bags should be upheld to safeguard livestock industry and environment. A prior research by NEMA and United Nations Environment Programme (UNEP) postulates that Kenyan supermarkets handed out 100 million plastic bags annually that ended littering the environment before the ban.

The Authority has developed draft plastic management regulations to assist in implementation of the plastic bags ban. The regulations are awaiting gazettement by the Environment and Forestry CS Keriako Tobiko. The regulations were developed through a consultative process of all stakeholders in the country such as Kenya Association of Manufacturers, County Governments among others.

Among other things, the plastic bags management regulations seeks to bring forth the Extended Producer Responsibility (EPR). Through this approach, producers will have financial and physical responsibility of their products especially paper bags and have a duty to ensure the bags they use are well disposed to ensure the environment remains clean. The regulations also define fines and penalties in line with the Environmental Management and Coordination Act (1999). According to NEMA’s Director Legal department, Irene Kamunge, the regulations will guide on how plastic bags will be managed in the country which will be a step in the right direction towards realization of a clean and healthy environment.

The Authority has also been working with the Kenya police in enforcing the ban. Enforcement of ban has largely been successful as the office of Inspector General of Police and Director of Public Prosecutions have offered the necessary support during enforcements.

The Authority has continued to create awareness on alternatives to plastic packaging to both the public in both local and international media. For instance, various exhibitions and campaigns have been held to educate the public on various available alternatives in the market. This has been achieved through various communication strategies that have been put in place concerning the plastic ban.

 

The Cabinet Secretary, Ministry of Environment and Natural Resources through a Gazette Notice No.2334 & 2356 banned the use, manufacture and importation of plastic bags used for commercial and household packaging.  

As the Ban on plastic bags came into effect on the 28th of August 2017, the National Environment Management Authority (NEMA) made great strides in providing clarifications on acceptable alternative options to the plastic carrier bags which were affected by the Ban. It was during this period that the Kenyan market was flooded with Non-woven Polypropylene bags to replace the carrier bags in various retail outlets/stores/shops. The Non-woven bags are known to bear positive characteristics in terms of reusability and durability as opposed to the conventional plastic carrier bags.

However, due to the rising need of the non-woven bags in the market, it has been noted over time that Manufacturers of these bags are producing very ‘low gauge’ poor quality non-woven bags which cannot be used multiple times but are disposed of after single use. This single-usage of these bags will eventually lead to heavy environmental consequences due to poor disposal practices currently being experienced in the country coupled with the lack of requisite infrastructure to sustainably manage these bags.

In view of the above, the Authority directs that ALL manufacturers, importers, suppliers/distributors and users of these Non-woven polypropylene bags should STOP further manufacture, importation, supply and use of these bags in the Kenyan market effective 31ST MARCH 2019 until the Kenya Bureau of Standards (KeBs) gazettes a standard that will inform the quality of non-woven bags needed in the Kenyan market.

You are therefore advised to comply accordingly, failure to which the Authority will instigate Enforcement Action pursuant to the provisions of the Environmental Management and Coordination Act, Cap 387 of the Laws of Kenya.

All stakeholders and members of the public are informed that NEMA, pursuant to EMCA Act, Cap 387 and in adherence to Statutory Instruments Act, 2013 has developed draft regulations on management and use of Plastic Carrier and flat bags.

All Stakeholders and members of the public who may wish to submit oral or written comments on the draft regulations are invited to do so as well as attend various regional stakeholder forums organized by the Authority as per schedule below;

REGION

VENUE

DATE

Coastal

Mombasa White Rhino Hotel

13th November, 2018

Western/ Nyanza

Kisumu Hotel Perch

13th November, 2018

Rift Valley

Eldoret Hotel Baron

20th November, 2018

North Eastern/Eastern/Central

Isiolo Silber Bells Hotel

20th November, 2018

Nairobi

Utalii Hotel

23rd November, 2018

The National stakeholder validation workshop will take place in Nairobi, Utalii Hotel on 5th Dec. 2018.

Please send your your written submissions to: plasticregulations@nema.go.ke

Download the Draft Regulations HERE

The Environment and Lands Court has ruled in favour of the plastic bag ban. Judges Samson Okong’o, Antonina Bor and Benard Eboso on Friday 22nd June 2018 declined to quash the gazette notice which prompted the ban on plastic bags in August last year.

The three-judge-bench stated that the government did not violate any rights in imposing the ban. They went further to point out the lack of evidence to prove increased cost of packaging or a health risk as a result hence the decline to invalidate the February 28, 2017 gazette notice.

Further, the judges noted that the benefits of the ban outweighs the harm caused by the ban. “The limitation of rights imposed by the impugned gazette notice was reasonable and justifiable and as such accords with the Constitution,” the judges said. They further added that although some ordinary Kenyans could suffer social and economic losses as a result of the ban, the plastic ban was for the common good of the general public and as such lawful.

The judgment was conveyed in a case in which the Kenya Association of Manufacturers, importers, exporters, wholesalers and retailers together with activists Okiya Omtatah had challenged the ban on the use, manufacture as well as importation of certain types of plastic bags used for commercial and household packaging.

The plaintiffs had in separate suits sued the Environment Cabinet Secretary, the National Environment Management Authority (NEMA) and Attorney General. The judges said that the suit entailed a lingering dispute of facts, which appeared straightforward on the surface but contained complex legal issues underneath.The legal battle started soon after the environment CS published a gazette notice on the ban on usage, manufacturing and importation of plastic bags with at least five cases being filed.

The plaintiffs claimed lack of public participation and their doom to suffer great economic loses but the ministry said it had engaged various stakeholders through Nema in 27 meetings since 2006. The ministry also articulated to the court that previous attempts to control the negative environmental impacts of plastics had been futile.

{By NEMA's Brenda Rajwayi)

The Ministry of Environment and Natural Resources in conjunction with National Environment Management Authority among other stakeholders will be holding an Alternative Eco-Friendly Exhibition at the KICC on the 24th and 25th August 2017 for manufacturer, retailers, distributors and the general public.

The compliance and enforcement technical team deliberated on the interpretation of the plastic ban gazette notice 2356 of 28th February 2017 and wishes to state as follows;

  1. EXEMPTIONS 
  1. Category 1: Plastic carrier bags-

All bags in this category are banned. For clarity these are bags commonly known as “Juala” that are used as secondary packages for items in shops, markets etc. There is no contention in this category of banned plastic as there are NO EXEMPTIONS 

  1. Category 2: Flat bags

Flat bags used for carrying items outside industrial setting e.g. groceries, garbage, are banned. However, in this category EXEMPTION is extended for bags used for industrial primary packaging where the product is direct contact with the plastic and is done at the source. The exemption is subject to:

  1. Extended Producer/User Responsibility and/or effective Take Back Schemes
  2. Legibly and permanently labeled bags to indicate the name of the industry manufacturing the product, the end-user and physical addresses for ease of monitoring, traceability and therefore ease of enforcement intervention.
  • Keeping of inventory/record with the aim of implementing the take back scheme.
  1. Category 3: Flat bags used as Garbage and hazardous (e.g. medical waste, chemicals etc.) waste liners
  1. Hazardous waste liners are exempted so long as they are legibly and permanently labeled (as indicated in 2 ii above) and color-coded and are incinerated together with the waste.
  2. Garbage Liners are also exempted on condition that they are clearly labeled (as indicated in 2 ii above) and have demonstrated effective and efficient Extended Producer/User Responsibility and/or effective Take Back Schemes. The liners will NOT be dumped together with the waste but will be emptied and reused or recycled by the licensed waste collector and transporter (the end user).
  1. Category 4: Duty Free shop bags

The ban applies to the use, manufacture and importation of the banned plastics within Kenya. Since duty free shops at airports are considered to be outside the Kenyan territory, bags used at this point are not affected by the ban. However, any traveler coming into Kenya with duty free bags shall be required to leave the same at the entry points.

  1. ALTERNATIVES

Following the above, the following guideline on the potential alternatives has been agreed with KEBs;

  1. All bags made from non-plastic materials e.g. jute/sisal, Paper, cloth, Papyrus
  2. Woven polypropylene plastic bags (gunny bags)
  3. Non-woven polypropylene plastic bags (cloth-like bags)
  4. Laminated polypropylene bags
  5. Polyolefin fibre bags
  6. 100% biodegradable bags (starch and cassava bags)

The 2 & 3 options are subject to the development of the standard by KEBs whose process has already started. The standard development will be based on the following parameters:-

  • The specific material;
  • Gauge;
  • Tensile Strength and;
  • Basting Strength
  • Toxicity of the material and its safety for use (Heavy metals will also be tested among others).
  •  

By Compliance and Enforcement Technical Team

The Cabinet Secretary, Ministry of Environment and Natural Resources through a Gazette Notice No. 2536 banned the use, manufacture and importation of plastic bags used for commercial and household packaging. The Ban applies to;

  1. Carrier bags constructed with handles and with or without gussets;
  2. Flat bags constructed without handles and with or without gussets

This Ban on Plastic Bags comes into effect on the 28th August 2017. The National Environment Management Authority (NEMA) has since made efforts to unbundle this Ban in form of Frequently Asked Questions (FAQs) which can be downloaded from the NEMA website www.nema.go.ke.  Retail outlets, exporters, manufacturers, and various other categories of users are requested to take note of these developments and put in place the necessary alternative arrangements

NEMA therefore wishes to inform all manufacturers, importers and users that plastic bags used for primary industrial packaging are exempted as long as they are used for industrial primary packaging at the source of the product and are not available on sale at the counter or given freely outside the industrial setting. The exemption also includes disposal bags for handling of biomedical and hazardous waste and garbage bin liners. Furthermore, these bags must be clearly labeled (printed) the name of the industry manufacturing the product and the end-user.

In a bid to enhance compliance to this Ban, all manufacturers, importers and users of plastic bags used for primary industrial packaging are hereby notified to obtain Clearance Letters (on application and justification to NEMA) allowing them to continue with the manufacture, importation and use of the above defined plastic bags packaging. The applicants shall demonstrate to the satisfaction of the Authority, an effective Take Back Schemes (TBS) and/or Extended Producer Responsibility (EPR). The clearance letters can be obtained from NEMA-HQs in South C, Popo Road, off Mombasa Road, Nairobi.

 Feel free to direct any queries to;

Director General

National Environment Management Authority

Popo Road, Off Mombasa Road

P.O. Box 67839-00200

NAIROBI

Email: – dgnema@nema.go.ke

Telephone: – +254 724 253 398; +254 723 363 010; +254 735 013 046; +254 020-2183718

Facebook: National Environment Management Authority – NEMA

The Cabinet Secretary Ministry of Environment and Natural Resources Prof Judi Wakhungu on 28th February 2017, through a gazette notice No. 2536 banned the use, manufacture and importation of plastic carrier bags constructed with handles and with or without gussets and flat bags constructed without handles and with or without gussets meant for household and commercial packaging with effect from 28th August, 2017. NEMA is implementing the ban.

NEMA is implementing the ban.To set the lead on implementation of this notice, the Authority has been declared a PLASTIC FREE ZONE effective from 31st July 2017. This has been implemented in all NEMA premises-Headquarters and all the 47 NEMA County offices.

In an internal memo to the staff, the NEMA Director General, Prof Geoffrey Wahungu noted that compliance should be adhered to by all staff and clients.

Prof Wahungu further added that it is critical for the Authority to take lead and set an example in implementing the ban. He further added that all waste shall be sorted in accordance to the various waste streams and waste collection bins/skips shall be clearly labelled for that purpose.

Ask your Question: Nema’s Geoffrey Wahungu

The government has banned the use, manufacture and importation of all plastic bags for commercial and household packaging.

This follows a move by the CS Environment Prof Judi Wahungu to gazette on February 28th, 2017 the ban that will see the country eradicate plastic bags menace. The increased use of plastic bags has been the leading cause of environmental degradation.

Speaking during an interview with Citizen TV yesterday, NEMA Director General Prof Geoffrey Wahungu said the banning of plastic carriers will play a critical role in fostering a clean and healthy environment for all.