Article 24: Rights of peoples to a satisfactory environment
297. The entrenchment of environmental rights and principles in the constitution is a testimony to Kenya’s
unwavering commitment to the effective protection of the environment for current and future
generations. The Constitution presents in great detail, State obligations in respect of specific natural
resources, as well as the human aspects of environmental management. Environmental rights and
freedoms are found in Article 42 of the new constitution, which states: “Every person has the right to a
clean and healthy environment, which includes the right – (a) To have the environment protected for
the benefit of present and future generations through legislative and other measures, particularly those
contemplated in Article 69; and (b) To have obligations relating to the environment fulfilled under
Article 70.
298. The State‘s obligation in ensuring sustainable development as well as the importance of equitably
sharing benefits derived from the environment is well captioned under Article 69 which provides that
the “ State shall ensure sustainable exploitation, utilization, management and conservation of the
environment and natural resources, and ensure the equitable sharing of the accruing benefits ’
299. Kenya Vision 2030 also emphasizes the need to achieve economic growth in a sustainable manner.
300. The Environment and Land Court Act No 12A of 2011 establishes the Environment and Land Court to
hear and determine disputes relating to the environment and the use and occupation of, and title to
land and to make provision for its jurisdiction functions and powers. Article 70 of the Constitution of
the Constitution of Kenya, 2010 allows an individual to apply to a court for redress in addition to any
other legal remedies should they believe that their rights have been or are likely to be infringed. The
court may make any order, or give any directions to prevent, stop or discontinue any act or omission
that is harmful to the environment; to compel any public officer to take measures to prevent or
discontinue any act or omission that is harmful to the environment; or to provide compensation for any
victim of a violation of the right to a clean and healthy environment.
301. The Environmental Management and Co-ordination Act was enacted in 1999 to provide for the
establishment of an appropriate legal and institutional framework for the sound management of the
environment. The Environmental Management and Co-ordination (Amendment) bill 2014 has been tabled
before the National Assembly and seeks to bring the provisions of the mother act in conformity with
the Constitution. Subsidiary legislation has also been enacted to support EMCA, and it includes the
following: The Environmental Management and Coordination (Noise and Excessive Vibration
Pollution) Control Regulations of 2009; the Environmental Management and Coordination (Wetlands,
Riverbanks, Lake Shores, and Sea Shore Management) Regulations of 2009;
302. The National Environmental Management Authority (NEMA) was established by the Government to
exercise general supervision and co-ordination over all matters relating to the environment and to be
the principal instrument of Government in the implementation of all policies relating to the
environment.
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