Kenyans risk four years in jail for handling banned plastic bags, NEMA says

The possession of banned plastic bags could cost Kenyans millions of shillings or send them to prison for up to four years, as the National Environment Management Authority (NEMA) moves to tighten enforcement of the country's plastic ban.

NEMA has issued a fresh warning to traders and members of the public, cautioning that anyone found handling prohibited plastic carrier or flat bags without its approval will be prosecuted under environmental laws.

The warning comes after two traders were arrested in Embu town during an enforcement operation in which officers seized 4,995 banned plastic bags. The suspects were later presented in court to answer charges of possessing the prohibited packaging materials.

The Authority said the crackdown was intended to prevent the continued circulation of illegal plastic bags and ensure compliance with existing environmental regulations.

“The Authority warns members of the public that contravention of the ban attracts severe penalties as stipulated in Section 144 of the Environmental Management and Coordination Act (EMCA),” NEMA said.

It explained that the law prohibits the manufacture, importation, exportation, use and sale of plastic carrier and flat bags without the required licence.

Under Section 144 of the Environmental Management and Coordination Act, anyone convicted of violating the restrictions faces a prison term of between one and four years.

Offenders may also be ordered to pay fines ranging from Sh2 million to Sh4 million, while courts have the discretion to impose both a fine and imprisonment.

The restrictions are further provided for under the Environmental Management and Coordination (Management and Control of Plastic Packaging Materials) Regulations, 2024.

Regulation 6 expressly prohibits the manufacture, importation, exportation, possession, use or sale of plastic carrier and flat bags without authorisation from NEMA.

Kenya introduced the nationwide ban on plastic carrier bags in August 2017 in an effort to reduce environmental pollution and address the growing challenge of plastic waste.

The 2024 regulations reinforced the restrictions by establishing licensing requirements for activities involving plastic packaging materials.

NEMA says the measures are intended to promote environmentally responsible packaging and improve waste management across the country.

The Authority has urged Kenyans to adopt approved alternatives, including paper, cloth and sisal bags, for shopping and other everyday uses.