The National Environment Management Authority (NEMA) has issued a strong warning following the resurgence of banned plastic bags in Kenya, warning that anyone found manufacturing, importing, selling or using the outlawed products will face heavy penalties.
The authority said it had noted with great concern a resurgence of the products in circulation, particularly in retail outlets, despite the ban that came into effect more than seven years ago.
In a public notice, NEMA reminded Kenyans that “the importation, manufacture, sale and use of plastic bags used for commercial and household packaging is illegal in Kenya.”
The ban, introduced through Gazette Notice No. 2356 of 28th February 2017, was globally celebrated as one of the most progressive environmental steps taken by any African nation.
However, recent reports indicate that the outlawed bags are slowly making their way back into the market, prompting the authority to issue a renewed warning.
“NEMA has noted with great concern, the re-emergence of illegal importation, manufacture, use, and sale in retail outlets of banned plastic bags and packaging materials,” the notice stated.
The Authority pointed to the Environmental Management and Co-ordination (Management and Control of Plastic Packaging Materials) Regulations, 2024, which outline a clear framework for the production and management of plastic packaging.
These include licensing, extended producer responsibility, labeling requirements and stiff penalties for offenders.
“Regulation 6(1) explicitly states that no person shall manufacture, import, export, possess, use or offer for sale a flat bag, plastic bag or plastic film without prior authorization from NEMA,” the statement read.
According to the notice, “Any person who manufactures, imports, exports, uses, sells, offers for sale or possesses plastic carrier bags or plastic flat bags without a licence commits an offence and shall, upon conviction, be liable to a jail term of not less than one year but not more than four years, or to a fine of not less than Sh2 million but not more than Sh4 million, or both such fine and imprisonment.”
The authority also underscored requirements for proper labeling of plastics, noting that “a person shall not sell or offer for sale plastic packaging materials in Kenya unless the name and contact details of both the user and the manufacturer are clearly printed on the material, and the authorization of the Authority has been given.”
Despite Kenya’s global recognition as a leader in environmental protection for its bold ban on single-use plastics, enforcement has remained a challenge, particularly in informal markets where small-scale traders attempt to bypass regulations.
To counter this, NEMA stressed that enforcement officers are intensifying inspections.
“The Authority continues to carry out inspection and enforcement activities to ensure compliance with the law. NEMA remains committed to a clean, healthy, and safe environment for all,” the statement concluded.
