Ministry in court to stop case against plastic bags ban

Ministry in court to stop case against plastic bags ban

The Ministry of Environment and Natural Resources has asked the court to dismiss case challenging legal notice that banned the use, manufacture and importation of plastic bags for commercial and household packaging.

In its response, the Secretary Administration for the State of Department of Environment, William Kiprono, says that the application is misconceived and bad in law.

In his affidavit, Kiprono submits that at least 24 million plastic bags are reported to be used in Kenya monthly half of which end up in municipal solid waste.

Kiprono says that prior to the current ban, there have been previous attempts to control the negative impact of plastic bags to the environment without much success.

He further claims that the six months’ notice is reasonable, more so considering the fact that there have been prior engagements with the plastic sector since 2005 when the government first attempted to ban the use of plastic in the country.

Further, Kiprono says that Plastic carrier bags and flat bags are easily blown around, they are eaten by livestock and wildlife occasioning them harm including death.

“Current research undertaken in the past years from Sekenani and Masai Mara has shown that nearly 40% of cattle and goats that died during the drought had ingested plastic bags, sufficient to have caused premature deaths,” claims Kiprono.

He argues that the Ministry has powers under the environmental and Coordination Act Cap 387 for public good adding that the applicants have not challenged the said power to formulate the regulation neither have they proved with evidence that the said regulations were formulated and gazette in contravention of any law.

“A grant of the orders sought by the applicants will affect the wider public interest,” argues Kiprono.

The Ministry has also dismissed allegation that there were no consultation with stakeholders saying that the ministry through NEMA have been engaging the sector on a new approach of stoppage, total of ten meetings have been held between the ministry, NEMA and stakeholders on the approach.

In the case two plastic bags importers Fredrick Njenga and Stephen Mwangi claim that the legal notice No. 2356 of 2017 did not comply with the Statutory Instruments Act 2013.

They further argue that the six-month timeline for compliance is limited and they require ample time to clear all stocks and fulfill their contractual obligations.

Njenga and Mwangi say there was no stakeholders’ input before the decision was made.

The two claim they, together with their employees, stand to suffer great economic losses should the ban be enforced. They say the notice lacks clarity, making it difficult to understand content.

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