The National Environmental Management Authority (NEMA) has warned the public against illegal importation, manufacturing and use of plastic bags in the country.

In a public notice dated Tuesday, September 23, 2025, NEMA expressed regret over the re-emergence of illegal importation, manufacture, use, and sale of banned plastic bags and packaging materials in retail outlets.

The latest concern emerges even as the former Cabinet Secretary, Ministry of Environment and Natural Resources, Judy Wakhungu, on February 28, 2017, through a Gazette notice No. 2356, banned the use, manufacture and importation of all plastic bags used for commercial and household packaging in Kenya.

On November 4, 2024, the Ministry gazetted the Environmental Management and Co-ordination (Management and Control of Plastic Packaging Materials) Regulations, 2024; whose objectives are among others to establish a framework for the management and control of the use of plastic packaging material as well as establish a framework for the management and control of the use of plastic packaging material.

However, the manufacturers and business community trading in plastic bags in the country have since ignored the regulations, prompting NEMA to send a warning.

NEMA issues stern warning

”Regulation 6(1) of the aforementioned regulations provides that a person shall not manufacture, import, export, possess, use or offer for sale a flat bag, plastic bag or plastic film without authorisation from the Authority,” NEMA said in part.

”In addition, regulation 2 defines a “plastic bag” as a carrier bag or flat bag made from any polymer, including polyethene, polypropylene, polyethene terephthalate, that could be laminated or non-laminated, film or fabric, woven or non-woven. A person shall not sell or offer for sale plastic packaging materials in Kenya unless the name and contact details of both the user and the manufacturer are clearly printed on the material, and the authorisation of the Authority has been given,” the statement added.

Consequently, members of the public are advised that any person who wishes to manufacture, import, export, possess, use or offer for sale flat plastic bags or plastic films within the above definition should apply to the Authority for a licence in accordance with the Management and Control of Plastic Packaging Materials Regulations, 2024. Application details and process can be accessed through www.nema.go.ke.

Additionally, the public is advised that any person who manufactures, imports, exports, uses, sells, offers for sale or possess plastic carrier bag or plastic flat bags without a licence commits an offence and shall, on conviction, be liable to a jail term not less than one year but not more than four years or to a fine of not less than two million shillings but not more than four million shillings or both such fine and imprisonment.