Importers, wholesalers, and retailers of plastic bags have moved to court to stop the imminent ban on the use of plastic bags for both household and commercial purposes.
In a suit filed by two businessmen on their behalf, the traders have sued the Environment Cabinet Secretary Judi Wakhungu and the Attorney-General.
Mr Fredrick Njenga and Mr Stephen Mwangi claim the ban, which was issued through a legal notice early this year, did not comply with the law.
Through lawyer Antony Ogesa, the petitioners argue that the legal notice of 2017 did not comply with the Statutory Instruments Act of 2013, adding that there was no adequate stakeholder consultation and that the six-month notice given by the ministry is also too short.
They want the court to temporarily suspend that regulation banning the use, manufacture, and importation of all plastic bags used for commercial and household packaging.
The ban applies to carrier bags (constructed with handles and with or without gussets) and flat bags (constructed without handles and with or without gussets).
The ministry of environment in March announced a ban on the use, manufacture, and importation of plastic bags effective from September this year.
“It is notified to the public that the Cabinet Secretary for Environment and Natural Resources has with effect from 6 months from the date of this notice banned the use, manufacture and importation of all plastic bags used for commercial and household packaging,” Environment CS Judi Wakhungu said in a gazette notice dated February 27.