NEMA under fire for arresting small scale traders using banned plastic bags


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3 small scale traders will be arraigned today in court to face charges of using plastic bags which have been banned by the National Environment Management Authority (NEMA).

The traders were arrested on Monday in Nairobi and the police seized about 500 pieces of plastic bags from them. The ban on plastics took effect on 28th August 2017 and since then NEMA has continued enforcement efforts while at the same time intensifying crackdown on traders using the plastic bags.

According to NEMA, there has been over 500 arrests and 300 prosecutions. Those found culpable have been fined between Ksh 50,000 and Ksh 150,000 with some jailed.

Section 144 of the  Enviromental Management and Coordination Act (EMCA) states that, any person who contravenes the provision of the gazette notice shall be liable to a fine of not less than two million Kenya Shillings, and not more than four million Kenya shillings, or imprisonment of a term of not less than one year but not more than four years or to both such fine and imprisonment.

The move by NEMA to take the traders to court has been condemned by a section of Kenyans with some accusing the body of going for small scale traders and turning the other way as big companies continue to pollute the environment.

Mwalimu_dida wrote, "Going after poor traders whose only crime is to try and get a meal for their struggling families. Then you parade their picture on social media like this as if you are some heroes. Why can't you look for the cartels who sold them the bags? And how the bags got into the country."

kitmikachwa posted "Why are you not arresting those companies that are throwing waste and chemicals  into the rivers? You are only arresting small fish? Shame on you NEMA."

wakilikaranja "Such arrests are devoid of public interest. I believe @ODPP_KE can review those charges. Industries are releasing waste in our environment and you are quite. A vigilant Kenyan will take your servants to court for abuse of office.Liability will be on individual officers."

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