NEMA warns Kenyans of Ksh.4M fine, four-year jail term over banned plastic bags

In a statement shared on its X account on Tuesday, November 3, 2026, the authority said it had arrested two traders in Embu town after they were found in possession of 4,995 pieces of banned plastic carrier bags.

The traders were subsequently arraigned in court to answer to charges related to possession of the prohibited bags.

NEMA warned that members of the public found contravening the ban could face severe penalties under Section 144 of the Environmental Management and Coordination Act (EMCA) and the Environmental Management and Coordination (Management and Control of Plastic Packaging Materials) Regulations, 2024.

“The Authority warns members of the public that contravention of the ban attracts severe penalties as stipulated in Section 144 of Environmental Management and Coordination Act (EMCA),” NEMA stated.

The authority explained that anyone found manufacturing, importing, exporting, using or selling plastic carrier or flat bags without a licence commits an offence.

Under the law, anyone convicted of the offence faces a prison term of between one and four years, a fine ranging from Ksh2 million to Ksh4 million, or both imprisonment and a fine.

The latest arrests come as the authority continues to enforce Kenya’s plastic bags ban, which was introduced in August 2017 to curb environmental pollution.

The 2024 regulations further strengthened the legal framework governing plastic packaging materials by introducing licensing requirements for various activities involving the products.

Regulation 6 prohibits the manufacture, importation, exportation, possession, use or sale of plastic bags and flat bags without authorisation from NEMA.

The regulations also provide for penalties against individuals who contravene the requirements.

The authority has maintained that the restrictions are intended to promote environmentally friendly alternatives and improve waste management across the country.

Kenyans are encouraged to use alternative shopping bags made from materials such as paper, cloth, sisal and other approved alternatives.

NEMA’s latest warning serves as a reminder that possession of prohibited plastic carrier bags without the required licence can attract criminal charges, with offenders facing millions of shillings in fines if convicted.