What is novel, however, is the elevation of this right to constitutional status. Such forums should also create public consciousness on the dangers of depleting and degrading natural resources and the resulting impact on equitable sharing and use of the benefits of environmental resources.
The programme should also focus on capacity building through the dissemination of information and the training of volunteers.
In response to ecological disruption, activists have pressed with some success for policies that encourage sustainable resource use.
Such a provision in the constitution advances the rights of the environment by ensuring that it is safeguarded and enhanced for its own sake and for the benefit of the present and future generations.
With the coming into force of the Constitution, however, a paradigm shift occurred in the implementation of environmental rights in the country. In contrast to its predecessor, the current Constitution strengthens the implementation of environmental rights as it significantly expands the scope of fundamental rights as well as their enforcement mechanisms.
For a long time, the High Court has had jurisdiction to exercise the judicial review remedies of certiorari, prohibition and mandamus.
First, it places an obligation on the state to inter laia; ensure sustainable exploitation, utilization, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits;encourage public participation in the management, protection and conservation of the environment;establish systems of environmental impact assessment,environmental audit and monitoring of the environment;eliminate processes and activities that are likely to endanger the environment; and utilize the environment and natural resources for the benefit of the people of Kenya.
National Intelligence Service[ edit ] Main article: National Academies of Science and the U. Upon attaining independence inKenya inherited sectoral laws and institutions established by the British colonial government. Due to poverty members of the present generation especially in the less developed nations are deprived of the choice to make environmentally sound decisions in their activities.
This balance is in our view essential in realizing sustainable development and equity in Kenya. This is because the process often involves all the stakeholders in both the formulation and enforcement of environmental policies.
A willingness to explore new participatory approaches in the sector is lacking, mainly due to an inadequate flow of information within the sector. Since the Kayas are rich in biodiversity the options they avail to future generations to address their problems and satisfy their needs should not be restricted by destroying them.
Specifically, chapter XI provides for a devolved system of government. The State must come up with measures to alleviate poverty among the members of the present generation.
Apart from the measures discussed above, there must be the political will to enforce environmental rights. Provincial and District Environment Committees, composed of sector agencies, local government authorities and representatives of the public, are charged with carrying out environmental management at the local levels; iv.
It is high time the sustainable development discourse in Kenya takes a new path by addressing the needs of the present generation while at the same time conserving the diversity, quality and access of environmental resources for the present and future generations.The Environmental Law Institute of Kenya (ELIK) is non-partisan and non-political Organization that seeks to make the Environmental Law work for the people of kenya to protect their environment by complying with the environmental Law for sustainable Development through environmental Law Education, development of environmental policies and regulations in all the counties in kenya.
Feb 27, · Act in CO Okidi et al (eds) Environmental governance in Kenya: Implementing the framework law () CO Okidi: Review of the policy framework and legal and institutional arrangement for the management of environment and natural resources in Kenya, The Constitution of Kenya, The Environmental Management and Coordination Act, How can Environmental Law be effectively enforced in Kenya?
For environmental law to be effectively enacted in Kenya their needs to be emphasis on the need for a universal environmental ethic. There needs to be a concern on the ability to provide information that changes behaviour towards the environment i.e. not stopping at awareness creation.
In Kenya the right to a clean and healthy environment which inter aliaincludes the right to have the environment protected for the benefit of present and future generations has been codified in the legal framework and the courts have had occasion to interpret this right in the Kenyan context.
Enviroment Enforment of Law in Kenya. Topics: Management EMCA establishes several organs as discussed below which help in the effective enforcement of environmental law: i) National Environmental Council It is responsible for policy formulation and directing, setting national goals and objectives, determining policy and priorities for the.
The enforcement of environmental rights in Kenya, during the existence of the repealed Constitution, was to a large extent based on the common law principles established in the case of Gouriet v the National Union of Post Office Workers,10 where the Court had held.Download