When former environment CS Judy Wakhungu banned the use of plastic bags, it was never expected that anyone would contest the directive.
But a manufacturer has filed a case seeking for Sh2 billion compensation.
According to the paper bags maker, the business lost investment worth billions after the ban.
Hi-plast filed an application where they want the court to enter judgment against the government for failure to make an appearance or pleadings for the case for compensation.
“We pray that the court grants us leave since inspite of proof of service the defendants have defaulted in entering appearance and has further failed to file any appropriate defence,” lawyer Eddy Orinda says.
If the court agrees with the company, the directive banning paper use could be overturned and ordered to pay the petition over Sh2 billion.
NEMA has neglected or refused to act despite knowing that the matter is alive in court, the lawyer says.
Hi-Plast had earlier sought an order to quash the gazette notice by the Ministry of Environment, banning the manufacture and use of plastic bags.
The High Court delivered a judgement in a separate case filed by Kenya Association of manufactures(KAM) in which the the latter lost.
Through its director Mahesh Dodhia, Hi-plast says the ban has caused them unimaginable losses, having invested heavily in machinery and raw materials as well as defaulted on loan repayments.
Already he is facing liquidation and had expected that his suit in which he raises the issues if compensation would be merged with the KAM one but this was not done.
“The petitioner’s loans were to be repaid solely based on sales projection that were hinged on month on month output and sales of its products which are now deemed illegal,” lawyer Orinda says.
The firm also claims that the declaration of the ban and its implementation came after manufacturers were granted inadequate and unreasonable notice.
Hi-Plast accuses the ministry of disregarding a parliamentary committee’s call for the shelving of the gazette notice leading to the ban.
Dodhia further accused the ministry of abetting other manufacturers, whom he claimed continue to produce plastic bags.
He added that the ban seems to have been effected to prop up the businesses of friendly manufacturers, a move he terms discriminatory and malicious.
He stated that at time the Gazette Notice was published in March 2017, the company had already shipped in raw materials.
Proceedings resume July 2.
