Plastic bags manufacturers were dealt a big blow on Friday, after the High Court declined to suspend the ban on the carriers.
Justice Bernard Eboso of the Environment and Land Court declined to issue temporary orders demanded by the firms.
He said the need to conserve the environment outweighed commercial interests.
The decision means anyone caught with plastic bags from Monday will be liable to face a fine of no less than Sh2 million or serve a term of not less than one year.
“The grant of conservatory order in the circumstances of this dispute means that the offensive plastic bags continue to suffocate the environment to the detriment of the Kenyan population, while serving the commercial interests of a section of the plastic dealers,” Eboso said.
The Kenya Association of Manufacturers and a group of traders aggrieved by the directive went to court to stop the ban from taking effect.
They said it amounts to economic sabotage to millions of Kenyans who have heavily invested in and depend on plastics for a living.
They told the court they were not properly consulted and added that the gazette notice issued in March was a violation of their rights.
They said the ban would lead to the loss of about 60,000 jobs directly, and another 400,000 indirectly.
But Eboso said the arguments over the loss of livelihood is to be carefully weighed against the public interest of the more than 40 million Kenyans, whose right to a clean environment is taken care of by the ban.
He said lifting the ban would offend the constitutional and legal framework on the protection and management of the environment and subordinate the public interest.
“The application does not satisfy the criteria for grant of a conservatory order. A conservatory order would severely injure the public interest,” the judge said.
He said the manufacturers had not placed before the court evidence of any cost imposed on it or on its members by the legal notice.
Eboso also disagreed that the ban is on all categories of plastic bags.
He said it is limited to two categories of plastic — carrier bags constructed with handles and with or without gussets and flat bags constructed without handles and with or without gussets.
The case will be mentioned on September 21 for directions of the hearing of the main petition.
Courtesy