AN EXPLORATION OF THE IMPLEMENTATION OF THE RIGHT TO CLEAN AND HEALTHY ENVIRONMENT IN KENYA

Abstract

Article 42 of the Constitution of Kenya guarantees that every person has the right to clean and healthy environment. This right serves as a multiplier right and is interdependent with other human rights. More so it enables a country to achieve sustainable development by improving the standards of living of its citizens. However, Kenya is still faced with environmental challenges such as: pollution, waste management, climate change and deforestation. Hence the guaranteed right to a healthy environment is yet to be realized in Kenya. This paper analyzes what constitutes a healthy environment and its relation to other human rights. The legal framework governing the right to clean and healthy environment is also evaluated and the roles played by institutions towards utilizing this right. Also, the research analyzes the roles of courts in the implementation and interpretation of this right. The scope of the study is mainly within the Kenyan and New South Wales jurisdictions. The research will analyze New South Wales jurisdiction to show the need for incorporation of the principles of sustainable development in a country’s laws. This research will critique some of the decided cases on the position of the country with regards to a healthy environment. Furthermore, this paper will contribute to the already existing literature on the right to clean and healthy environment and suggest recommendations that will enhance the implementation of this right