The National Environment Management Authority (NEMA) has re-launched a crackdown on the use and production of plastic bags following a re-emergence.
In a statement released on Tuesday, September 23, NEMA expressed grave concern over the illegal return of banned plastic bags and packaging materials in retail outlets across the country. It warned violators of severe penalties, including fines of up to Ksh4 million or imprisonment for up to two years.
The environmental watchdog has intensified its enforcement activities after receiving reports that some manufacturers have secretly continued producing the prohibited polythene bags despite existing regulations.
Under the current regulations, violators face significant consequences. Any person found manufacturing, importing, exporting, using, selling, offering for sale, or possessing plastic bags without proper licensing commits an offence and is liable to a fine of 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.
NEMA has called upon members of the public to actively participate in curbing the illegal trade by reporting anyone involved in the production or distribution of banned plastic bags.
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Kenya first prohibited the use, manufacture, and importation of plastic bags through a gazette notice issued by the Cabinet Secretary for the Ministry of Environment and Natural Resources on February 28, 2017.
The comprehensive ban covered all plastic bags used for commercial and household packaging.
The government strengthened its position on November 4, 2024, when the Cabinet Secretary gazetted the Environmental Management and Co-ordination Management and Control of Plastic Packaging Materials Regulations, 2024.
These regulations established a comprehensive framework for managing and controlling plastic packaging materials in the country.
Under Regulation 6(1) of the current regulations, no person shall manufacture, import, export, possess, use or offer for sale a flat bag, plastic bag, or plastic film without proper authorization from NEMA.
The regulations define a 'plastic bag' as any carrier bag or flat bag made from polymers, including polyethylene, polypropylene, and polyethylene terephthalate.
However, the law provides an exception for plastic packaging materials in Kenya, provided the name and contact details of both the user and manufacturer are clearly printed on the material, and authorization from NEMA has been obtained.
NEMA has advised that anyone wishing to manufacture, import, export, possess, use, or offer plastic bags or films for sale must first apply for a licence through the Management and Control of Plastic Packaging Materials Regulations, 2024.
Last month, NEMA conducted nationwide operations targeting facilities suspected of manufacturing banned polythene bags.
The Authority confirmed that several inspections were carried out at companies believed to be operating discreetly, violating the regulations.
"Inspectors from NEMA have operated in several facilities suspected of manufacturing banned polythene bags. NEMA will continue surveillance to eradicate illegal production and ensure that offenders are prosecuted," the agency said in an earlier statement.
