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Kenya plans appeal over EAC Bill to ban trade in polythene
High costs of manufacturing plastics puts pressure on the cost of beverages, food, cooking fat and other products wrapped in plastic containers as manufacturers pass costs to consumers. Kenya will petition the East African Legislative Assembly (EALA) over laws seeking to ban trade in polythene materials as part of efforts to conserve the environment. Photo/FILE
Kenya will petition the East African Legislative Assembly (EALA) over laws seeking to ban trade in polythene materials as part of efforts to conserve the environment.
The Industrialisation Permanent Secretary, Dr Karanja Kibicho, said the East African Community Polythene Materials Control Bill 2011, if enacted, would lead to job losses. Kenya, in its petition to EALA, will seek to have the Bill focus on the regulation of waste management including sorting at source, handling, transportation, disposal and recycling, Dr Kibicho said.
“It was agreed that we urgently communicate Kenya’s deep concerns on the Bill in its current form and shape,” the ministry said in a statement yesterday following a meeting with manufacturers.
The private member’s Bill by Rwanda’s Patricia Hajabakiga, seeks to prohibit trade in polythene materials unless special clearance is granted by the national environmental standards regulators.
A special list of polythene products legible for trade within region would be maintained with any offenders facing fines of up to $5,000, the new Bill proposes.
However, the Bill 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 that has already sailed through the First Reading on the floor of the House and recently referred to the relevant committee 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.
“The laws will kill our industry unless something is done to moderate them,” Mr Umesh Dodhia, the managing director at Hi Plast Limited said.
Statistics by the Industrialisation ministry showed Kenya hosts the majority of plastic manufacturing plants in East Africa.
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 churns about Sh1.5 billion in annual revenue to Treasury.
Manufacturers said a ban in plastic product 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.
“The object of this Bill, therefore, is to provide a legal framework for the preservation of a clean and healthy environment through the prohibition of manufacturing, sale, importation and use of polythene materials,” said Ms Hajabakiga.
According to the treaty establishing the EAC partners are encouraged to adopt common environmental regulations, incentives and standards and encourage the use of bio-degradable pesticides, herbicides and packaging materials.
Standards
The treaty also encourages for the adoption of common environment standards for the control of the atmospheric, terrestrial and water pollution arising from urban and industrial development activities.
Rwanda is the only EAC country that has made major strides in terms of regulating the usage of polythene material to curb environmental degradation.
Kenya has tried rein in pollution from polythene material but enforcement remains a major challenge, leaving most suburbs of key town chocking with polythene wastes.
Treasury in 2007 moved to slap a 120 per cent levy on plastics to protect the environment from degradation. It also proposed a ban on very thin plastic bags.
The Parliamentary Departmental Committee on Trade and Finance has proposed that the punitive 120 per cent tax be replaced by green tax.
The industry had protested against the 120 per cent tax saying it would make the plastic bags, a favourite of shoppers and goods wrappers in Kenya, expensive.
