NEMA’s BAN ON NON-WOVEN BAGD SUSPENDED BY COURT.

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Importers and small Traders Association of Kenya members outside Milimani Law Courts building.

BY NT CORRESPONDENT.

The National Environmental Management Authority (NEMA) ban on non-woven polypropylene bags has been temporarily suspended by the High Court.

This follows an application filed by Importers and Small Traders Association of Kenya who have challenged the ban on grounds that it was made unilaterally and without any consultation whatsoever with the stakeholders and public.

“The court be pleased to issue orders suspending the directive by the respondents stopping the use , manufacture, importation and supply/distribution of non-woven polypropylene bags effective from 31st March this year pending hearing and determination of the case, “reads the order issued.

In the court papers the traders claim that they have heavily invested in capital in terms of machinery, raw material and labour. “That the respondent in inhuman, inconsiderate and not proportionate as they offend the principles of inclusiveness and public participation, “reads the court papers.

They argued through lawyer Kelvin Mogeni that the said directive by NEMA is bound to occasion massive job losses and further curtail the economic rights of many Kenyans who rely or trade on non-woven bags.

Further they claimed that NEMA’s directive is intended to be to be in force indefinitely as they do not indicate how long it will take for the Kenya Bureau of Standards to effect specifications on the gauge and quality of the non-woven carrier bags, so that they could be allowed in the market.

NEMA on 19 last month publicized a directive demanding the traders to stop the use, manufacture, importation and supply and distribution of the non-woven polypropylene bags effective from March 31.

The authority says the bags in the market are equally a threat to the environment.

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