{"id":697,"date":"2020-01-29T00:38:22","date_gmt":"2020-01-29T00:38:22","guid":{"rendered":"https:\/\/news.law.fordham.edu\/elr\/?p=697"},"modified":"2020-01-29T00:38:22","modified_gmt":"2020-01-29T00:38:22","slug":"kenyas-plastic-bag-ban-an-imperfect-but-effective-policy","status":"publish","type":"post","link":"https:\/\/fordhamlawelr.org\/?p=697","title":{"rendered":"Kenya\u2019s Plastic Bag Ban: An Imperfect but Effective Policy"},"content":{"rendered":"<p style=\"text-align: center;\">By: Caroline Kane<\/p>\n<p>On a recent flight to Kenya, I was warned by the passenger next to me, a native-Kenyan, to throw away my plastic bags before landing. Replaying the previous night\u2019s packing session in my head, I was comforted to know I had not packed a single plastic bag (this was not for lack of trying \u2013 I simply had run out of plastic bags in my apartment). I engaged the man in conversation, and learned that plastic bags had recently been banned in Kenya. A violation, the man warned, could get someone in a lot of trouble. Since I was curious about this ban, and had an hour-long cab ride to my hotel ahead of me, I researched this environmental law.<\/p>\n<p>I quickly learned that Kenya\u2019s plastic bag ban has company. Over <a href=\"https:\/\/perma.cc\/F7LG-E8P9\">100 members of the United Nations<\/a> have banned or taxed the bags, and <a href=\"https:\/\/perma.cc\/8QXK-KRRS\">New York<\/a> recently became the second state in the U.S. to ban plastic bags. On the African continent alone, <a href=\"https:\/\/perma.cc\/3PNA-PDUC\">34 countries<\/a> have taxes or bans on the bags. What makes Kenya\u2019s policy unique, however, is its <a href=\"https:\/\/perma.cc\/9AZY-8JWH\">heavy penalties<\/a>. Instituted in <a href=\"https:\/\/perma.cc\/N228-3D6V\">August of 2017<\/a>, the law carries <a href=\"https:\/\/perma.cc\/CD48-TMK6\">heavy fines<\/a> (up to $38,000) and even <a href=\"https:\/\/perma.cc\/S3V7-EWJV\">prison time<\/a> (up to four years) for anyone caught producing, selling, or simply carrying a plastic bag.<\/p>\n<p>The heavy penalties associated with the plastic bag ban are a strong incentive for people to <a href=\"https:\/\/perma.cc\/TGX2-Y3RR\">comply<\/a> with the law. Since taking effect, positive <a href=\"https:\/\/perma.cc\/L37M-EBM3\">results<\/a> are prevalent in various walks of life. For example, obstruction of waterways has decreased and fishermen have fewer bags caught in their nets. The amount of plastic found in animals taken to slaughter has also decreased. Furthermore, the plastic bag ban has had a special impact on Nairobi\u2019s shanty towns. Shanty towns are affected by the phenomena of \u201cflying toilets\u201d &#8211; the practice of defecating in bags and throwing them up to the tin roofs. In the Mathare community, use of the communal toilet is up. The ban has led to an overall cleaner community.<\/p>\n<p>Of course, implementing this ban hasn\u2019t been <a href=\"https:\/\/perma.cc\/ZW9B-P7YG\">seamless<\/a>. Alternative reusable bags are costly, and the government does not issue subsidies to businesses who use alternative bags. The swift implementation of the ban halted some business, and the broad interpretation of \u201cplastic bags\u201d has caused thousands of people, like exporters of food and flower products, to be laid off. Furthermore, some venders have replaced traditional plastic shopping bags with bags made of synthetic fiber \u2013 in other words, \u201c<a href=\"https:\/\/perma.cc\/VWY2-PCYG\">[p]lastic bags replaced by plastic bags<\/a>.\u201d<\/p>\n<p>As with any such ban, Kenya is <a href=\"https:\/\/perma.cc\/J4Y2-BTCB\">still perfecting its policy<\/a> surrounding plastic bags. While such a drastic ban surely has a positive effect on the environment, the government should try to find affordable (non-plastic) alternatives to traditional plastic bags. It should also help to find work for those displaced due to the plastic bag ban. Kenya should strive for a just life for its people as well as its environment.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>By: Caroline Kane On a recent flight to Kenya, I was warned by the passenger next to me, a native-Kenyan, to throw away my plastic bags before landing. Replaying the previous night\u2019s packing session in<\/p>\n","protected":false},"author":1,"featured_media":698,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_coblocks_attr":"","_coblocks_dimensions":"","_coblocks_responsive_height":"","_coblocks_accordion_ie_support":"","_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[17,57,27],"tags":[],"class_list":["post-697","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-international","category-plastic-pollution","category-sustainability"],"_links":{"self":[{"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=\/wp\/v2\/posts\/697","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=697"}],"version-history":[{"count":0,"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=\/wp\/v2\/posts\/697\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=\/"}],"wp:attachment":[{"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=697"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=697"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=697"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}