Court suspends directive by NEMA stopping the use of non-woven polypropylene bags

Judge now suspends unwoven bags ban [Photos courtesy]
A Nairobi court has suspended the directive by National Environment and Management Authority (Nema) stopping the use of non-woven polypropylene bags pending the determination of a petition.

Justice James Makau yesterday issued the orders after Traders Association of Kenya (ISTA) went to court contesting that Nema wanted to stop operations of its members.

“Orders... suspending the directive by Nema stopping the use, manufacture, importation and supply of non-woven polypropylene bags effective from March 31, 2019, pending the hearing and determination of the application before me,” ruled Makau.

Makau has also restrained Nema from instigating action against ISTA members.

Dancun Okatch, in their application, said in the legal notices in Gazette Notices number 2334 and 2356 of 2017, the non-woven polypropylene bags were exempted from the ban and their use authorised as an alternative to the environmental unfriendly plastic bags.

ISTA members told the court that based on directive by Nema, they invested heavily in terms of machinery, raw material and labour, in furtherance of their trade and most importantly to comply with the regulations set forth to run their business without interference or breaching provisions of the law.

They added that on March 19, 2019, Nema publicised a directive demanding them to stop the use, manufacture, importation and supply of the said non-woven polypropylene bags effective from March 31, 2019.

“The said decision was made unilaterally and without any consultations with the stakeholders and public,” said Mr Okatch.

The matter will be heard on May 3, at the Land and Environment Court in Nairobi.

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National Environment and Management AuthorityNemapolypropylene bags