The-Accountant-Jul-Aug-2017

ENVIRONMENT
BANNING PLASTIC
BAGS IN KENYA
By Angela Mutiso, cananews@gmail.com
Is it a tall order?
The media in Kenya and the public alike
has been awash with debates on plastic
bags since the Kenyan government
declared that it would soon set up a
national ban on them. We have been
using these bags in Kenya ever since we
can remember; which is probably why this
announcement has triggered unending
discussions on the matter.
Indeed, it is not uncommon to
encounter these bags, flying all over
us; we see heaps of used plastic bags
strewn all over rubbish dumps, floating
in polluted waters, filled with rubbish
awaiting collection, used by shops and
supermarkets to enfold goods and in more
bizarre cases, used as flying toilets and
unwittingly consumed by most animals
that graze in urban areas. They are used to
wrap almost anything. We would, it seems
be at a loss without them, or so we think.
Many people are not really sure how this
declaration will be enforced. But the
government seems determined this time.
According to a report in the Standard,
The ban on the use of plastic bags as from
August 28 still remains. The National
Environment Management Authority
(Nema) has maintained that any
manufacturers found producing the bags
and supermarkets using the bags after
the ban date will be prosecuted. Nema
Director General Geoffrey Wahungu
said the ban would not be reversed,
and advised the affected to put in place
measures to ensure compliance.
Speaking from Egerton University
during an awareness conference ahead
of World Environmental Day (marked
on June 5th every year around the world)
Director General for Nema Geoffrey
Wakhungu said the Authority has
come up with alternatives that will curb
further use of plastic bags. “We have been
working with stakeholders concerned
with conservation matters. We have
come up with alternatives including the
manufacture and use of fabrics, papyrus,
sisal packaging as well as other ecofriendly
materials,” Mr Wakhungu said.
(Read more on standardmedia.co.ke)
According to (Gazette Notice No.
2356 (Feb. 28, 2017), 119:31 KENYA
GAZETTE (Special Issue) (Mar. 14,
2017), at 1077.) The ban will apply to two
categories of bags: the carrier bag, a “bag
constructed with handles, and with or
without gussets,” and the flat bag, a “bag
constructed without handles, and with or
without gussets.” (Id.)
According to the Act: Any person
who contravenes against any provision
of this Act or of regulations made
thereunder for which no other penalty
is specifically provided is liable, upon
conviction, to imprisonment for a term of
not less than one year but not more than
four years, or to a fine of not less than
two million shillings [about US$19,417]
but not more than four million shillings
[about US$38,835], or to both such fine
and imprisonment[,] or to both such
fine and imprisonment. (Environmental
Management and Co-ordination Act, No.
8 of 1999, § 144 ( Jan. 14, 2000), KENYA
LAW website.)
This is the third time Kenya is
attempting to ban plastic bags in the
country. There was an attempt in 2007
and 2011.
46 JULY - AUGUST 2017