Return of Plastics: Single-use plastic bags back in use, five years after ban

Overnight, it became illegal to use single-use plastic bags and anyone found with them risked a fine of between 2 million and 4 million shillings or a jail-term of 1 -2 years or both.

Nearly five years down the line, something has changed, and we are out to find out what it is and why. 

Our first stop, downtown Nairobi, in the Kamukunji area. An informer had told us that we would certainly be assisted to get the outlawed carrier bags at this ever busy trading area. 

However, our efforts here proved futile as those we asked maintained that they only dealt with approved polypropylene bags which replaced the plastic ones

At around the OTC bus stage we come close but our cover is blown after the black market sellers become suspicious on noticing our parked vehicle across the road.

“Niambie ni packet ngapi unataka….ama unataka bale…bale ya 7*12 inakuja na 100 packets…hii ingine inakuwa na 60 ndani…ama ubebe nusu wewe cheza na hesabu yako,” a trader tells us. 

At one of the stores we are told to go away and come back the following day. 

Our breakthrough finally comes, we have managed to convince a sugar-cane trader that we are also vendors in need of a bale of plastic bags. He directs us to his supplier operating from Kibra. 

We make a phone call and agree on where to meet. 

Determined not to blow our cover, a member of the team alights meters away from the agreed meet up point. 

Our contact is waiting for us oblivious of our mission...and shortly after we convince him that we are indeed legitimate business people in need of his products. He dashes off to bring us some samples. 

My wife anauza maembe…miwa….sasa nataka bulk ukiwa na mingi inasaidia…” We tell our contact. 

Meanwhile, as we wait, this man carrying a back bag joins us. He is here on the same mission —to purchase plastic carrier bags in bulk. 

“Nimetumwa hapa na dame fulani sasa nakupigia simu unakata….nitakusaidia aje”

“Kabla ata huyu afike nimepiga simu kitambo…angeniambia nimetuma mtu sio unanikatia simu,” 

Our contact also reveals the risk of his business saying he has been arraigned in court for selling the outlawed bags, but the allure of the lucrative business is too inviting. 

“Hii kazi nishawai setiwa nikashikwa…hii biashara ni mbaya…ni biashara mbaya lakini huyo msichana huwa anatuuzia makaratasi kila mara….hizi makaratasi nishawai shikwa na nikapelekwa kortini….lakini hii biashara ni tamu..ni kama bhangi….” 

After what seems like an eternity, our contact reappears, carrying our consignment. After paying for the pieces, we hurriedly leave. Mission complete.

Our next stop is the National Environment Management Authority (NEMA) headquarters in Nairobi.

We hand over the plastic bags to the Director-General, Mamo Boru. We are seeking answers on why single use plastics are still plentiful five years after the ban. 

“This is a banned plastic flat-bag. As NEMA  we have been doing enforcement on this. we are not sure whether this is within the country or not.,” Mr. Boru tells us. 

NEMA acknowledges the existence of the plastic bags, but blames the country’s porous borders for the influx.

“We don’t have manufacturers doing plastic bag use here. The issue is the porous border points. In all the 47 counties, we have gazetted over 1000 inspectors via COG to ensure that they assist NEMA on the issue of compliance, "Mr. Boru adds. 

In July 2018, Citizen TV uncovered the dirty tricks used by unscrupulous business people to smuggle huge quantities of polythene into Kenya from neighboring Uganda, despite the government ban.

 Some of the traders use illegal crossings through which they would sneak in other contraband materials, while the daring ones simply pass through the official border points where only minimum checks are made by officers. 

They do this knowing very well that offenders face prison sentences of 1 year to 2 years or fines of up to 4m or both

“We have prosecuted a number of culprits…There are 30 cases in court at the moment, "the director general adds. 

The Kenya Association of Manufacturers initially criticized the implementation of the ban since Kenya was home to an estimated 170 plastic-producing companies that employed almost 3 percent of the Kenyan workforce.

They are now part of a task force that is working together with other stakeholders to look at how the balance between job creation in the manufacturing sector and conservation of the environment can be achieved. 

The latest revelations come in the wake of a UN report three months ago, that described plastics as the largest, most harmful, and most persistent fraction of marine litter, accounting for 85 per cent of all waste that goes into the ocean…

Experts are warning that dumping more plastic into the environment poses a real risk to marine life such as birds, turtles, and other sea creatures.

Latest studies now suggest that human beings are in danger as they ingest plastics through seafood, drinks, and even common salt, posing untold health risks. 

A special gathering of the UN environment programme, UNEP, getting underway in Nairobi, is due to discuss the growing plastic menace and device ways of achieving global cooperation to stem the tide.

Reporting by Waihiga Mwaura and Ben Kirui.