Kenya guns for ban on polythene imports in EAC

Kenya is pushing for amendments to proposed laws seeking to ban trade in polythene materials when they come up for debate before the East Africa Legislative Assembly.

The controversial East African Community (EAC) Polythene Materials Control Bill is scheduled for the second and third reading during the EALA sittings going on in Kampala.

“We have a common position on the Bill as Kenya that we handed to our representatives in the regional assembly and we expect them to push for that position,” said David Nalo, the permanent secretary in the East African Community Affairs Ministry.

The private member’s Bill by Rwanda’s Patricia Hajabakiga seeks to prohibit trade in polythene materials in East Africa unless special clearance is granted by the national environmental standards regulators.

A special list of polythene products legible for trade within East Africa would be maintained with any offenders facing fines of up to $5,000, the new Bill proposes.

The Bill, however, exempts trade in polythene materials used in medical services, industrial packaging, construction industry including water pipes and the manufacture of tents.

“All polythene materials found in possession of any person in contravention of this Act shall be seized and taken to the appropriate stores established by the environment authority for disposal,” the Bill said in part. Manufactures and the government officials, however, said the proposed laws would deal a major blow to the multi-billion shilling plastics industry in Kenya, causing massive losses of jobs and investments.

“We have our reservations on the Bill as Kenya and we hope our petition will be heard,” Mr Nalo said.

There are about 42 manufacturing units in Kenya alone with an estimated total investment of about Sh43 billion. The polythene industry in Kenya employs more than 9,000 Kenyans directly and another 80,000 indirectly and contributes to about Sh1.5 billion in annual revenue to Treasury.

In a proposal handed to its legislators in EALA, Kenya wants the Bill to focus on waste management and regulation of polythene imports from external markets.

“The Bill has no provisions that address the user, which mandates the user to use and dispose polythene responsibly,” Kenya said in a petition to the Clerk of EALA.

Kenya proposes that to ensure environmental protection, polythene producers should be taxed and the revenue collected should be used to establish recycling plants as part of the polluter- pay- principle.

“There should be a levy for consumers to discourage use of polythene,” Kenya said.

“The onus therefore is on EALA (Kenya) to persuade other Partner States taking into account that the position in this report has raised considerable discussions in Kenya, where most of the polythene used in the region is produced,” the government said in a brief.
Manufacturers under the umbrella of the Kenya Association of Manufacturers (KAM) also said a ban in plastics would shift competition in favour of foreign firms eyeing imports into the regional market.

The Bill’s sponsor, however, maintained it was critical to uphold strict standards on the environment.