Prohibition of Plastics in Kenya: Moving Towards a Constitutionally Compliant Governance Regime for Single-use Plastics

Abstract

The topic for this research is ‗‘Prohibition of Plastics in Kenya: Moving towards a Constitutionally Compliant Governance Regime for Single-Use Plastics‘‘. The work is divided into five chapters with the overall objective aimed at making proposals on the move towards a constitutionally complaint governance regime for single use plastics. This is with an aim of attaining a clean and healthy environment which is a constitutional right. The research is based on the Theories of planned Behaviour and The Circular Economy Approach which both point towards change of behaviour and attitude towards the environment more so the disposal of plastics. The research methodology adopted is doctrinal and so largely qualitative. Desktop review of existing laws, policies and case laws from the Internet, Kenya Law reports, NEMA, Ministry of Environment and Forestry as well as journals. The research examines the prevalence of pollution by plastics and more specifically the single use plastics in Kenya and the regulatory (law, policies and institutional) framework governing the manufacture, import, use and disposal of single use plastics in Kenya as well as the finding from the study. It makes proposals that will eventually be of use in the ‗war against‘ the ban of plastics and in the creation of awareness among the citizens on the dangers posed by the plastics to the environment, human health and animal health. All these aimed at attaining to a clean and healthy environment which is a constitutional right for all Kenyan‘s.