THE BAN ON PLASTIC BAGS IN KENYA

The word plastic means a material consisting of any of a wide range of synthetic or semi- synthetic
organic compounds that are malleable and so can be molded into solid objects. Products made from
plastic include plastic bags, plastic bottles, plastic chairs etc.
Plastic bags unlike the latter two are usually manufactured for single use only and generally tear after a
first use. The types of plastic bags are the carrier bags and flat bags.
In Kenya plastic bags are used as a key packing material in several sectors of the economy namely
manufacturing, trade, transport, agriculture, hospitality etc.
These bags are easily transported by wind and are some of the most visible components of roadside and
shoreline litter.
Research by NEMA in conjunction with United Nations Environmental Program (UNEP) and Kenya
Institute of Public Policy Research and Analysis (KIPPRA) revealed that 100 million plastic bags are
handed out in Kenya by supermarkets alone.
Eight million tonnes of plastic leak into the ocean every year and UNEP estimates that at the current rate
there will be more plastic in the ocean than fish by 2050.

The effects of plastic bags on the environment.

The indefinite period of time that it takes for the average plastic bag to break down can be literally
hundreds of years. Plastic bags don't fully biodegrade and thus have several impacts on the environment.
They are: -

Ÿ They cause blockage to water pipes, drainage and sewerage systems causing flooding in rainy
seasons;

Ÿ They litter the environment and tend to stay where they land for a long period of time;

Ÿ They damage ecosystems and biodiversity;

Ÿ They endanger human health when used for packaging food in particular hot food;

Ÿ They provide breeding grounds for mosquitoes that carry malaria and dengue fever;

Ÿ They cause death to livestock and sea life who may unintentionally ingest them;

Ÿ When burnt they emit toxic gases that harm the atmosphere and increase the level of VOCs (volatile
organic compounds);

Ÿ They also inhibit soil nutrients;

The ban on plastic bags

Kenya becomes the 11th country to take action in support of the United Nations Environmental campaign
and joins the list of countries in Africa to impose a ban on plastic bags among them been Rwanda,
Morocco, South Africa and Tanzania. The ban comes 3 weeks after the United nations declared a "war on
plastic" through its clean seas initiative which has secured commitments to address major plastic pollution
from 10 governments.
The ban on plastic bags in Kenya was announced by the Environment and Natural resources Cabinet
Secretary Judi Wakhungu on 14th March, 2017 following the gazettement by way of Gazette notice
No.2334 dated February 28, 2017 while exercising powers conferred under section 3 and 86 of the
Environmental Management and Co-ordination Act (EMCA Cap 387). Manufacturers, wholesalers and
retailers of plastic bags have a grace period of 6 months to clear their stock of all bags used for
commercial and household packaging by the due date of August 28, 2017.
A number of efforts to ban the plastic bags had previously failed due to bad decisions by various parties.
In 2005 the government came up with a 10- point plan to address plastic waste but it did not succeed.
Then in 2007 the Finance minister, Amos Kimunya banned the manufacture of plastic bags below 0.3
millimeters in thickness. This still did not work.
In 2011 the National Environment Management Authority banned polythene bags of thickness below 0.6
millimeters which also failed.
The drive towards a region free of plastic bags is also been championed by the East African Legislative
Assembly which is currently collecting views from member states on a bill seeking to abolish the bags all
over the region.
The National Environment Management Authority applauded the move to ban the use of plastic bags and
gave further guidelines. NEMA clarified that the ban applies to carrier and flat bags with or without
handles or gussets. Garbage bags are not exempted from the ban. However, the ban does not apply to
plastics or flat bags used in industrial packaging in accordance with approved packaging standards. The
bags used in packaging must be labelled by the firm manufacturing the product to ensure full compliance.
There will be no more manufacture, selling over the counter or giving freely of plastic bags and
manufacturers and importers have also been urged to declare all remaining stock to NEMA by the due
date for necessary action.
The Kenya Bureau of Standards will no longer issue permits to new investors and no investor will be
allowed to venture into the business. The existing permits for the said plastic will expire on August, 28,
2017.
Alternatives to plastic bags
The alternatives to plastic bags offered are:-

Ÿ paper bags

Ÿ clothing bags

Ÿ canvas bags

Ÿ sisal bags

Ÿ papyrus bags

Ÿ buyers/ shoppers own shopping bags

Implications of the ban on plastic bags
Whereas the ban on plastic bags will be a huge relief as it will promote a cleaner environment, reduce
pressure on landfills, save the ecosystem and reduce volatile gas emissions, it will also have an impact on
manufacturers and retailers of the bags.
The Kenya Association of Manufacturers warned that the ban will lead to the loss of about 60,000 jobs
directly and another 400,000 indirectly. They stated that the short period for transition may affect the
economy to unprecedented levels as the sector contributes Kshs. 2 billion to the exchequer in addition to
other spin-off benefits. They pleaded with the government to consider proposals for a waste management
programme through the Finance Bill 2017.
There is also the view that shifting from plastic to paper bags may not be necessarily greener as it may
simply shift the environmental impact from decreasing litter to increasing resource use. Making of paper
bags for instance requires more resources from extracting raw materials like trees and natural gas and
then processing said materials in a complex system that requires resources like water and energy.

Reactions to the ban

The parliamentary committee on Environment and Natural resources moved to have the gazettement
notice suspended but the ban was not reversed.
Manufacturers, retailers and stakeholders have received the ban with apprehension and proposals have
been brought forward. One such proposal is to have a waste management levy at one percent value of all
raw materials which is to be collected in a fund and allocated in collaboration with the government for
appropriate waste collection, recycling and campaigns aimed at protecting the environment.
Charges associated with the use of plastic bags could also be imposed. If for instance for every bag used
at the supermarket there was a charge imposed, I would be more inclined to invest in a biodegradable bag
to reduce my expenditure on plastic bags.
The Kenya Climate Innovation Centre may also want to explore and weigh the possibility of venturing
into the waste disposal and recycling space. This may fast track the process of adopting the plastic bag
ban through supporting entrepreneurs with an eye for recycling plastic waste.
Some stakeholders and manufacturers are of the opinion that the problem is not the plastic bags but it is
consumer behaviour. They stated the need for more time to enable manufacturers research on alternative
lines of production and smooth implementation of the ban without it being punitive.
The Cabinet Secretary for Environment and Natural resources refused to extend the time for
implementation of the ban and directed manufacturers to explore the viable alternatives available.
However, support from the government, private sector and civil society will be instrumental in
implementing the ban.
How the ban has fared in other countries
Countries that have implemented a ban on plastic bags have had a few successes amongst the challenges.
Five years after Ireland instituted a 15-cent levy on plastic bags in 2002 there has been a 90% reduction in
use reports a paper published in the Environment and Resource Economics
Researchers at Cardiff University in the United Kingdom found that a fee for plastic bags introduced in
October,2015 has led to a decline in the number of shoppers who take single use bags at check out from
25% to 7% after one year.
One year after its ban San Jose reported a reduction in plastic bag litter of approximately 89% in the
storm drainage system, 60% in the creeks and rivers and 59% in city streets and neighbourhoods.
China which also banned many types of plastic bags in 2008, claims some successes but some reports
suggest the rule has been difficult to enforce.

Penalties
The punitive measures to be taken on persons found with plastic bags include serving a jail term of not
less than one year or a fine of not less than ksh.2 million as provided by the Environment Management
and Coordination Act.
The penalty applies to both individuals and manufacturers. NEMA is working on criminal charges with
the county governments for non- compliant individuals and is also hoping for assistance from county
governments in domestication of the law for small offenders.