The National Environment Management Authority (NEMA) has issued a warning against the illegal re-emergence of plastic bags in Kenya.
The authority cited widespread non-compliance with the country’s environmental laws.
In a public notice dated September 8, NEMA said it had observed an increase in the unlawful importation, manufacture, use and retail sale of plastic bags and packaging materials, all of which remain banned under the 2017 Gazette Notice No. 2356.
The Authority reminded the public that the ban, issued by the Cabinet Secretary for Environment on February 28, 2017, prohibits the use, manufacture, and importation of plastic bags used for both commercial and household packaging.
“NEMA has noted with great concern, the re-emergence of illegal importation, manufacture, use, and sale in retail outlets of banned plastic bags and packaging materials”
Ban on Plastic Bags
To strengthen enforcement, the Ministry of Environment gazetted new regulations on November 4, 2024, under the Environmental Management and Co-ordination (Management and Control of Plastic Packaging Materials) Regulations, 2024.
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The regulations aim to establish a clear framework for controlling plastic packaging use across the country.
“Regulation 6(1) explicitly states that no person shall manufacture, import, export, possess, use or offer for sale a flat bag, plastic bag or plastic film without prior authorization from NEMA,” the notice read.
The regulations further define a plastic bag as any carrier or flat bag made from polymers like polyethylene, polypropylene, or polyethylene terephthalate, whether woven or non-woven, laminated or not.
How to Sell Plastic Bags in Kenya
The sale of such materials is only permitted if the names and contact details of both the user and manufacturer are printed on them, and if authorization from NEMA has been granted.
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“A person shall not sell or offer for sale plastic packaging materials in Kenya unless the name and contacts details of both the user and the manufacturer are clearly printed on the material, and the authorization of the Authority has been given.”
Anyone intending to engage in such activities must apply for a license through the Authority’s official website at www.nema.go.ke.
According to the notice, any person found manufacturing, importing, using, or selling plastic bags without a license faces a jail term of one to four years, or a fine of KSh2 million to KSh4 million, or both.
“The Authority continues to carry out inspection and enforcement activities to ensure compliance with the law,” the notice stated. “NEMA remains committed to a clean, healthy, and safe environment for all.”
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