Court upholds ban on plastic bags
A three judge bench declined to quell the gazette notice which effected the ban on plastic bags in August last year.
The Environment and lands Court has upheld the ban on plastic bags. A three judge bench declined to quell the gazette notice which effected the ban on plastic bags in August last year.
The manufacturers were unable to prove that there was increased cost of packaging or a health risk as a result. According to the judges the government did not violate any rights in imposing the ban and the limitation of rights imposed by the impugned gazette notice was reasonable and justifiable and as such accords with the Constitution.
They noted that the plastic ban is for the common good of the general public, though as a result of the ban some ordinary Kenyans may suffer social and economic losses.
The judgment was rendered in a case in which the Kenya Association of Manufacturers, importers, exporters, wholesalers and retailers together with activist Okiya Omtatah had challenged the ban on the use, manufacture as well as importation of certain types of plastic bags used for commercial and household packaging.