Michael Nene was pounced on by hawk-eyed Nema officials after he was found still selling the already banned plastic bags at his business premises on Moi Avenue, Nairobi.
"He said that the stock was bought before the ban but we did not believe him as we found him still selling," Nema county director Njoki Mukiri said on the phone.
Nene could become the first victim of the harsh legislation after being found with 10 tonnes of banned plastic bags.
"We have brought a lorry and we are in the process of confiscating them before taking them to Nema. The owner should have declared his stock for Nema to link them with those doing recycling," Mukiri said.
Environment CS Judi Wakhungu banned the use of plastics through a Gazette notice on February 27, giving manufacturers six months — until August 28 — to clear their stock.
Carrier bags with handles, with or without gussets, or flat bags without handles and with or without gussets will not be allowed in the market. Travellers will also not be allowed into the country with plastic bags, not even those from duty free shops.
Being found with plastic bags will attract a fine of between Sh2 million and Sh4 million, a jail term of between one and two years, or both.
Nene, who owns Asami limited, a firm dealing with packaging products, is expected to appear in court today.
Mukiri said the owner, who had about 20 employees, will be charged with possession of the banned plastic bags.
Dealers with the banned plastic bags have been engaging Nema in a cat-and-mouse game.
They are now crossing their fingers, waiting for a determination of a case they filed in court, while complaining that the ban will ruin their hard-earned investments.
The Kenya Association of Manufacturers had objected the ban, citing job cuts.
They have also written a long list to Nema, seeking clarifications.
-the Star