Ban on polythene bags could be suspended indefinitely

The ban on polythene bags that was set to take effect in September could be suspended indefinitely if MPs adopt a new report.

The National Assembly’s Committee on Environment and Natural Resources cited an "unreasonable" timeframe provided by Environment and Natural Resources Cabinet Secretary Judi Wakhungu to implement the legal notice.

On February 28, Prof Wakhungu had published a legal notice announcing the ban on both domestic and commercial use of plastic bags.

However, the committee said in its report that there was lack of consultation with all stakeholders, which is a mandatory constitutional and legal requirement in policy and legal framework formulation and implementation. It further noted that there was non-compliance in the notice with provisions of the Statutory Instruments Act.

Appearing before the committee two weeks ago, Prof Wakhungu refuted claims that she published TheKenya Gazette notice without consultations. She told MPs that the ministry had been engaging Kenya Association of Manufacturers for the past 15 years over the ban.

While the lawmakers acknowledged in the report that, indeed, the ministry held several meetings with Kam, there was no specific discussion on the subject of the ban on use, manufacture and importation of plastics. They also faulted the CS for failing to table the gazette notice in Parliament within seven days as required by law.

The committee further said in the report that the notice was supposed to be “accompanied by a regulatory impact statement and certificate signed by the CS as required under Section 6 and 7 of the statutory Act”.

The manufacturers lobby had expressed fears that the ban would lead to the loss of 600,000 jobs and indirect employment through retailers, wholesalers and outlets.

But the CS responded that the figures were exaggerated and that Kam “know the truth as we have been engaging over time” and added: “The number of jobs that will be created will be more than those lost.”