ENVIRONMENTAL LAW IN KENYA Notes DOCX

Title	ENVIRONMENTAL LAW IN KENYA Notes
Author	Gl M Ng
File Size	38.1 KB
File Type	DOCX
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ENVIRONMENTAL LAW IN KENYA The environment includes physical factors of the surroundings of human beings including land, water, atmosphere, climate, sound odor, taste, the biological factors of animals and plants and the social factor of aesthetics and includes both natural and the built environment. In Kenya historically, policy making and the whole planning process has tended to fall short of the expectations. There was no comprehensive environmental policy. The country's first two development plans for the period between 1965 and 1974 had no mention of an environmental policy. In the 20th Century, the government began the implementation of the Structural Adjustment Programs. The government stepped up efforts to strengthen institutions tasked with the responsibility of assessing and monitoring environmental changes that are likely to have harmful effects in the future. The enactment of the Environmental Management and Coordination Act (EMCA) No 8 of 1999 that served as the main framework for environmental law was among the steps in the countries commitment towards environmental sustenance. Kenya joined 42 countries that have implemented National Environmental Governance Structure. Before then, several laws existed scattered in various laws and statutes administered by various ministries. LEGISLATIVE AND POLICY FRAMEWORK Legal Provisions on Environmental Rights in Kenya. The Constitution The constitution of Kenya since its promulgation in 2010 now focuses on the right to a sustainable environment as a fundamental right and freedom. Article 42 provides for the right to a clean and healthy environment. Its preamble also includes the goal of ensuring that we respect our environment. Chapter V of the constitution also discusses land and the environment. In discussing Article 69 on the obligations with regard to the environment we note below that: Article 69 (a) – Sustainable Development - Discusses the role of the state in ensuring sustainable development as well as the importance of equitably sharing benefits derived from the environment. Article 69 (b) - Tree cover -Kenya's present forest cover is equivalent to 5.9% of land area which is considered inadequate in contributing to the national economy significantly while still ensuring environmental and social cultural functions. -It's important to note also that the Kenya Forest Services; in its strategic plan 2009-2013 – also supports this provision in requiring that forests need to be sustainably managed through the combined use of ecological, economic and social approaches. Article 69 (c) – improving of intellectual property and indigenous knowledge. This provision promotes indigenous knowledge systems and acknowledges their...