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We are  not against the Plastic Bags Ban, but how it’s being executed – KAM

BY Soko Directory Team · August 28, 2017 11:08 am

The Kenya Association of Manufacturers (KAM) has said it has never been against the ban but differed on the manner its execution.

The manufacturer’s lobby group was responding after the the Environment and Land Court on Friday  dismissed its application to suspend ban on plastic bags that took effect on Monday.

“We would like to clarify that as the Association of Manufacturers we have never been against the intent of the ban, which is to clean up our country, towards improving the quality of life for all citizens. We have only differed on the manner of its execution, which did not take into account adequate stakeholder consultation,” said KAM in a statement.

“This will negatively affect manufacturing plastic sector economic contribution. The shut-down of many factories will also mean immediate termination of workers with no send-off packages and no alternatives provided,” read part of the statement.

Additionally, as much as garbage bags are exempted, citizens are expected to empty their garbage and re-use the same bags over and over again, posing a health and sanitation risk.

KAM noted that to enable all of us attain the goal for a clean environment it is important that all stakeholders are engaged to develop measures that allows the country to set up alternatives for a smooth transition from plastic bags.

KAM’s case will be mentioned on September 21 for directions of the hearing of the main petition and the association is optimistic  that the court will recognise the value of appropriate consultation before executing any regulation.

“We are hopeful that during the hearing of the case, the Courts will recognise the laws in the country and the Constitution, that any regulation-making authorities should undertake appropriate consultation and impact assessment before issuing a policy directive – especially if the directive is likely to have direct or substantial effect on business and on the lives of citizens. In addition, the 6-month period was hardly enough notice for a country whose entire industry and population depends on these bags for packaging,” says KAM.

The association has developed and presented a waste management solution to the Ministry of Environment and Natural Resources and NEMA that has the potential to manage the country’s waste and in the process create more jobs for the people of Kenya.

The Court  had ruled that industrial plastic packaging does not fall within the scope of the ban on plastics. However NEMA FAQ only exempts Primary packaging, and NOT Secondary packaging and Exports as well as plain bags.

Industrial Primary packaging is subject to the following:

Extended Producer/User Responsibility and/or effective Take Back Schemes.

Legibly and permanently labeled bags to indicate the name of the industry manufacturing the product, the end-user and physical addresses for ease of monitoring, traceability and therefore ease of enforcement intervention.

Keeping of inventory/record with the aim of implementing the take back scheme.

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