Court declines to suspend the ban on plastic bags

Plastic bags

NAIROBI—Plastic bag manufacturers  have suffered a setback after the High Court,on Friday declined to suspend ban on plastic bags set to take effect next Monday.

Environment and Land Court Judge Bernard Mweresa Eboso on Friday said public interest tilts in favour of not granting the orders sought and declined to issue temporary orders demanded by the firms.

“The grant of conservatory order in the circumstances of this dispute means that the offensive plastic bags continue to suffocate the environment to the detriment of the Kenyan population, while serving the commercial interests of a section of the plastic dealers,” Justice Eboso said.

The Kenya Association of Manufacturers (KAM) had claimed they were not adequately consulted before implementation of the notice, the judge said a casual look at the documents filed in court demonstrated there were sufficient consultations.

The court said players in in plastic sector were adequately represented.

“The application does not satisfy the criteria for grant of a conservatory order. A conservatory order would severely injure the public interest,” the judge said.

He said the manufacturers had not placed before the court evidence of any cost imposed on it or on its members by the legal notice.

Eboso also said the ban is limited to two categories of plastic ;Carrier bags constructed with handles and with or without gussets and flat bags constructed without handles and with or without gussets.

The judge said section 86 of the Environment Management and Coordination Act empowers the Cabinet secretary to formulate policies aimed at conserving the environment. The case will be heard on September 21.