The case has attracted plastic bags manufactures, importers and activist Okiya Omtatah, who have contested the notice citing violation of the law.
On August 28, Kenya joined more than 40 other countries that have banned, partly outlawed or taxed single use plastic bags, including China, France, Rwanda, and Italy.
Environment and Land Court judge Bernard Mweresa Eboso had initially declined to grant temporary orders suspending the gazette notice saying public interest tilts in favour of the ban.
The High Court will on Friday make a determination on whether an application challenging the legal notice banning use of plastic carrier bags will be heard by a three-judge bench.
The case has attracted plastic bags manufactures, importers and activist Okiya Omtatah, who have contested the notice citing violation of the law.
On August 28, Kenya joined more than 40 other countries that have banned, partly outlawed or taxed single use plastic bags, including China, France, Rwanda, and Italy.
Environment and Land Court judge Bernard Mweresa Eboso had initially declined to grant temporary orders suspending the gazette notice saying public interest tilts in favour of the ban.
Mr Omtatah has challenged the gazette notice saying it is illegal because it was not presented to Parliament as required by law. In the circumstances, he argues there is nothing left for the court to determine.
Those found producing, selling or even using plastic bags risk imprisonment of up to four years or fines of Sh4 million, ranking it among the world’s toughest law aimed at reducing plastic pollution.
National Environment Management Authority (Nema), and the Attorney General on behalf of the Ministry of the Environment, are supporting the gazette notice.
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