303. A key challenge that Kenya faces in ensuring the right to a clean environment is the massive
encroachment into forests. Forests contribute significantly to the delicate balance of the ecosystem
which in turn supports the environment. Nonetheless, Kenyan forests have fallen victim to increasing
demand for products and services, competition with other land uses, and poor governance. One such
forest is the Mau Forest Complex, which is the largest water catchment area in Kenya. The Government
is battling with the issue of deforestation and protecting water catchment areas and as such enacted the
Forest Conservation and Management Act, 2014 to provide for the establishment, development and
sustainable management, including conservation and rational utilisation of all forest resources for the
socio-economic development of the country.
Article 25: Duty to Promote Awareness of the Charter
304. Human rights awareness in Kenya is promoted through civic education, teaching and publications.
The African Charter on Human and Peoples’ Rights is one of the basic documents used for training of
human rights in Kenya. One of the main missions of the Kenya National Commission on Human
Rights is to provide human rights education, training and campaigns. The Commission routinely trains
the police, prison officers and prosecutors on the respect of human rights. Human rights education is
part of the Law Degree Syllabus taught at the various Law Schools. The National Police Service is the
main institution charged with the responsibility of training police officers in Kenya on the respect for
human rights and fundamental freedoms. The Service develops training policies, approves training
curricula and reviews the curricula to ensure its relevance to policing standards. All law enforcement
officers are trained on the respect of human rights that enable fair, just and humane treatment of the
public.
Article 26: Independence of the Courts
305. The Constitution provides for a judiciary that is adequately empowered to uphold the supremacy of
the Constitution, enforce respect for human rights and ensures that legislation and government actions
are in line with its provisions. Firstly, the independence of the judiciary and judicial officers is fortified
and indeed expounded upon in the constitution which provides that in the exercise of judicial
authority, the judiciary, shall be subject only to this constitution and the law and shall not be subject to
the control or direction of any person or authority. Secondly, a critical component of judicial
independence is financial autonomy. It also sets up the Judiciary Fund which reaffirms this
independence. The Fund is administered by the Chief Registrar is a charge on the Consolidated Fund
and therefore frees the finances of the judiciary from the control of the executive arm of Government.
Thirdly, the Constitution safeguards the independence of the judges by granting them security of
tenure till the age of seventy.
306. The Judges and Magistrates Vetting Board was established by the Judges and Magistrates Vetting Board
Act of 2011. The objective of the board is to vet the suitability of all the Judges and Magistrates, who
were in office on the effective date of the new constitution of Kenya to continue to serve in accordance
with the values and principles set out in the constitution. The Vetting Board has finalized the vetting of
all judges and has embarked on examining the suitability of magistrates. A number of Judges declared
not suitable by the Board appealed to the High Court and in some cases the appeals were successful.
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