The rhetoric of equity has been incorporated in sustainable development instruments and is already part of customary international law. This notwithstanding, the process of implementing environmental rights in the country faces numerous challenges, as discussed in the previous section of the article.
To protect the forests long-term measures geared towards alleviating poverty and unemployment will be vital in ensuring that the forests are protected for the present and future generations. As a result of such awareness, the enforcement of environmental rights becomes easier and quicker.
What will most likely come from parliament within the four years of existence of the Constitution is legislation that will hurriedly be enacted to beat the constitutional deadline. The enforcement of environmental rights in Kenya, during the existence of the repealed Constitution, was to a large extent based on the common law principles established in the case of Gouriet v the National Union of Post Office Workers, 10 where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: The paper also discusses the extent to which equity has been incorporated into the Kenyan legal framework on environment and natural resources.
Such lack of awareness has led to indifference, as a result of which the violation of environmental rights has become the general rule, with their effective implantation being the exception. The environment need not only be protected for the public good but it can also be protected for ecological reasons.
She observes that such a notion implies rights and obligations but more importantly that future generations have rights too. Littering and the illegal dumping of rubbish is a problem in both urban and rural Kenya. This is a shift from the situation where the court is concerned only with procedural requirements.
In the main, the government should formulate a comprehensive integrated environmental rights delivery strategy with sufficient institutional support and funding.
The National Environment Management Authority NEMAas the principal government institution charged with overall co-ordination and supervision of environmental management in Kenya. Kenyan courts should borrow from other jurisdictions such as India where the courts have made significant contributions to good governance in relation to the environment.
International law — Both international customary law and international conventions function as sources of Kenya environmental law. The desire to have a more co-ordinated approach towards the protection and promotion of environmental rights led to an unyielding search for a sustainable environmental rights framework.
In this case, the High Court relied on administrative law to determine the question of locus standi. The following discussion and resources give an indication of the breadth of law that falls within the "environmental" metric. In particular, it significantly expands the scope of fundamental rights as well as their enforcement mechanisms.
In accordance with article 2 b of the Constitution, parliament enacted the Environment and Land Court Act 62 which establishes the Environment and Land Court.
The dictum sic utere tuo ut alienum laedas "use your own so as to cause no harm" furnishes one instance. There are a number of law enforcement organisations in Kenya, with the main organisation being the Kenya Police Service.
Kenya employs up to 40, police and paramilitary personnel. 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.
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. Environmental law in Kenya generally comprises the rules and doctrines arising from common law, provisions of constitutions, statutes, general principles and treaties that deal with protection, management and utilization of natural resources and the environment.
ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT  Published by the National Council for Law Reporting with the Authority of the Attorney-General maghreb-healthexpo.com Environmental Management and Co-ordination CAP. [Rev. ] Enforcement of environmental easements.
Registration of environmental easements. Widespread poverty in many parts of the country has greatly lead to over-exploitation of the limited resources in Kenya.
Cutting down of trees to create more land for cultivation, charcoal burning business, quarrying among other social and occupational practices are the major threats of environmental degradation due to poverty in rural Kenya.Enviroment enforment of law in kenya