Updated 12 November 2026
The plastic bag ban Kenya introduced in 2017 makes it an offence to use, make or import plastic carrier bags and most flat bags for commercial and household packaging. The penalty under section 144 of the Environmental Management and Co-ordination Act (EMCA) is a fine of KSh 2 million to KSh 4 million, a jail term of one to four years, or both, according to the National Environment Management Authority (NEMA) on nema.go.ke, checked on 12 November 2026.
Updated November 2026. Sources: NEMA’s plastic bags page and its press statement on the total ban, the NEMA chairman’s statement, NEMA’s plastic bag ban poster (November 2025) and NEMA’s Ecoflash newsletter (1st edition 2025–2026), which summarises the 2024 plastic packaging regulations.
On this page
In this guide
What the plastic bag ban in Kenya covers
The Cabinet Secretary for Environment and Natural Resources issued the ban by Gazette Notice dated 28 February 2017 (NEMA cites Gazette Notice No. 2356, and No. 2334 in its press statement), using powers under sections 3 and 86 of EMCA. It banned “the use, manufacture and importation of all plastic bags used for commercial and household packaging”, with a six-month grace period. The ban took effect on 28 August 2017.
NEMA says the ban applies to two shapes of bag:
- Carrier bags constructed with handles, with or without gussets (the shop “juala”).
- Flat bags constructed without handles, with or without gussets, when used outside an industrial setting, for example for groceries or garbage.
NEMA’s press statement lists the reasons: plastic bags do not decompose and damage soil, litter the country, block sewers and drains and cause flooding, harm ecosystems and kill animals that eat them, endanger health when used for hot food, and release poisonous gases when burned. The Environment and Lands Court upheld the ban on 22 June 2018, NEMA reports, finding the limitation of rights reasonable and justifiable.
Plastic bag ban Kenya penalties and enforcement
| Item | What NEMA says |
|---|---|
| Legal basis for the penalty | Section 144 of EMCA |
| Fine | Not less than KSh 2 million and not more than KSh 4 million |
| Jail | Not less than one year and not more than four years |
| Or | Both fine and imprisonment |
| Early enforcement record | Two years after the ban, over 500 arrests and 300 prosecutions, with fines of KSh 50,000 to KSh 150,000 and some jail terms |
Under the plastic bag ban Kenya courts set the actual sentence, and the fines imposed in early cases were far below the statutory range. The exposure for a business is still serious: NEMA’s November 2025 poster warns against using single-use plastic carrier bags, offering plastic bags for sale without a valid licence, and importing products in plastic packaging materials without a valid licence.
The 4 NEMA exemption categories
NEMA’s compliance and enforcement technical team issued an interpretation of the plastic bag ban Kenya notice with four categories. Anything outside them is covered by the plastic bag ban Kenya rules in full:
- Plastic carrier bags: no exemptions. All are banned.
- Flat bags: banned for carrying items outside industry, but exempt for industrial primary packaging, where the product is in direct contact with the plastic and is packed at source. Conditions: extended producer or user responsibility or a take-back scheme; bags legibly and permanently labelled with the manufacturer, the end user and physical addresses; and records kept for the take-back scheme.
- Garbage and hazardous-waste liners: hazardous-waste liners (for example medical or chemical waste) are exempt if labelled, colour-coded and incinerated with the waste. Garbage liners are exempt if labelled and backed by an effective take-back scheme; they must be emptied and reused or recycled by the licensed waste collector, not dumped with the waste.
- Duty-free shop bags: airport duty-free shops are treated as outside Kenyan territory, but travellers arriving in Kenya must leave duty-free bags at the entry point.
NEMA also said makers, importers and users of industrial primary packaging bags should obtain a clearance letter from NEMA headquarters (Popo Road, off Mombasa Road, South C, Nairobi), after showing an effective take-back or EPR scheme. For the producer-responsibility side, see our EPR regulations guide.
On alternatives, NEMA lists options agreed with KEBS: bags made from non-plastic materials such as jute or sisal, paper, cloth and papyrus; woven polypropylene (gunny) bags; non-woven polypropylene bags; laminated polypropylene bags; polyolefin fibre bags; and 100% biodegradable starch or cassava bags. Some of these were subject to KEBS standards. If you plan to make alternatives, budget for standards certification; our guide to KEBS certification cost explains the fees.
The 2024 plastic packaging regulations
NEMA’s Ecoflash newsletter says the Environmental Management and Co-ordination (Management and Control of Plastic Packaging Materials) Regulations, 2024 were gazetted on 4 November 2024. It highlights three rules:
- Licence needed. Regulation 6(1): a person shall not manufacture, import, export, possess, use or offer for sale a flat bag, plastic bag or plastic film without authorisation from NEMA.
- Wide definition. Regulation 2 defines a plastic bag as a carrier or flat bag made from any polymer, including polyethylene, polypropylene and PET, laminated or not, film or fabric, woven or non-woven.
- Labelling. Plastic packaging materials may not be sold in Kenya unless the name and contact details of both the user and the manufacturer are clearly printed on them.
The newsletter says breaking the licensing rule carries the same one-to-four-year jail term or KSh 2 million to KSh 4 million fine, or both. NEMA advises anyone who wants to deal in flat bags or plastic film within that definition to apply for a licence. It also admits the ban “has not eradicated all plastic pollution” and that banned bags are still in use, especially in Nairobi.
Plastic bag ban Kenya checklist for businesses
- Audit your packaging. List every bag, film and liner you buy, sell or import, and match each to the NEMA categories above.
- Get authorisation where needed. If you make, import or sell flat bags or plastic film, apply to NEMA for the licence required by the 2024 regulations.
- Print the labels. Make sure the manufacturer’s and user’s names and contacts are printed on plastic packaging.
- Set up take-back. Exemptions depend on working take-back or EPR schemes and records.
- Train staff. Shop and market staff should never hand out carrier bags; offer one of the listed alternatives.
Larger plants may also need environmental approval for new lines; see our NEMA EIA licence guide. Starting a packaging-heavy business such as water bottling? Build the licence and labelling costs into your plan.
Frequently asked questions
What is the plastic bag ban Kenya fine?
Under section 144 of EMCA, as cited by NEMA, a fine of KSh 2 million to KSh 4 million, a jail term of one to four years, or both.
When did the plastic bag ban Kenya notice take effect?
The gazette notice is dated 28 February 2017 and the ban took effect on 28 August 2017 after a six-month grace period.
Are garbage bin liners allowed under the plastic bag ban Kenya rules?
NEMA exempts garbage liners that are clearly labelled and backed by an effective take-back scheme, and hazardous-waste liners that are labelled, colour-coded and incinerated with the waste.
Do I need a NEMA licence to sell flat plastic bags or film?
Yes. NEMA says regulation 6(1) of the 2024 plastic packaging regulations bars making, importing, exporting, possessing, using or selling flat bags, plastic bags or plastic film without its authorisation.
Prefer WhatsApp? Follow Business Radar on WhatsApp
We will email you a weekly money and business brief. We store your email (and your name, if you give one) for that purpose, under the Kenya Data Protection Act, 2019. You can unsubscribe at any time. Privacy policy.
