You know, as usual in Kenya, we have taken what should have been a noble idea and implemented it so incompetently that we shall likely see a worse problem that we had before. The idea to reduce, and eventually stop, the use of plastic bags was a good one - to protect the environment, get rid of aesthetically displeasing waste, and generally get us to be more responsible in how we pack, and especially, how we dispose of plastic bags.
However, there was little attempt, in the months and weeks leading up to today's ban, to educate us on what was and wasn't allowed (recall the confusion on whether garbage bags were or were not covered by the ban); on good, safe and effective alternatives (are we back to using newspapers as the primary wrappers of meat?); and on how to get rid of the plastic bags we were already in possession of.
Many before me have written eloquently about the many failure points of this ban (look at Mohammed Hersi's and Suhayl Esmailjee's timelines, especially), but let me rephrase and, perhaps, re-emphasise a few points:
1. It was entirely predictable that we would hear of the harassment that is currently going on. It was predictable that police, NEMA, municipal officers and all sorts of other busybodies would see this as an ATM. Body, vehicular and home searches are illegal without a warrant, so the lawyers tell me, but that won't stop officers harrassing you in their overzealousness to find a 'crime', threaten you with arrest and try and solicit a bribe.
2. Many of us have collections of plastic bags in our homes. There doesn't exist a large-scale, countrywide, well-publicised plastic bag recycling programme in Kenya. With the news of this random harassment, what are we most likely to do? Instead of taking the risk of tangling with the law, many will surreptitiously just dump their collections of plastic bags. Prepare for people simply throwing out large masses of bags from cars late in the night. Prepare for people simply throwing bags out into the streets and roads and alleyways. This is what I meant by the problem actually becoming worse as a result of a badly thought-out ban.
3. As is usual, this ban, and attendant harassment, will hit the poorest and most vulnerable hardest. Why? They're the ones who tend to buy goods in small quantities, which are easiest packed in plastics. Think of people who buy anything from kerosene, to shredded sukuma wiki, to tiny quantities of milk, in these bags. At the same time, law enforcement officials are least likely to obey the restrictions on warrantless searching of persons and homes within such neighbourhoods and populations.
4. A four million shilling fine for the simple 'crime' of possession of plastic bags is so drastic that it is simply stupid. The first obvious result is that people will simply be prepared to pay bribes to avoid such a punitive sanction. Secondly, because it is such a drastic penalty, it is a distinct possibility that we will see clogged-up police stations, remand facilities, and courts for something so minor.
5. Even under this ban, companies can make application to have exemptions granted for certain categories of plastic bags. You all know, or can at least imagine, what happens when bureaucrats have the power to decide on something of great economic importance.
And to think that it would have been so much more effective to do this properly! Simple steps, but steps that we Kenyans are seemingly incapable of carrying out when there is a more difficult, ineffective way of doing it.
1. NEMA, or whichever concerned authority, could have engaged different groups to educate on alternatives (and not just to show 'kichwa ngumu' and issue threats). For example, convincing butchers to use butcher paper. Convince supermarkets that paper bags are a viable alternative for most purchases. Find a solution for the kadogo economy and carry out an awareness campaign, complete with road shows and champions.
2. This would have been the perfect opportunity to get Kenyans on the road to a recycling economy. As it is, we're already champion recyclers. The plastic bags we're likely to be using are probably on second- and third-use. We first acquired them on a trip to the supermarket, and now they have been re-appropriated to pack shoes in a suitcase, or to protect hair in a sudden downpour (however unsightly) or to pack lunch; or in the case of low-income communities, as emergency nighttime toilets. But we could have learned to recycle much better, from the home. We could have had a national conversation about separating of rubbish.
3. There was (and perhaps still is) a business case for the setting up of a plastic bag recycling industry. Take your bags in, pay a fee and leave with a clean conscience that they have found a good 'home'.
My prediction is that this ban will fail. Good ideas are not just about the ideas, but also about a proper plan for implementation. And this one is just non-existent.
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