Towards Environmental Justice in Kenya

Abstract

Natural resources are vital for human survival. They are sources of livelihood for most communities in Africa. However, access to, control and use of natural resources in most of Africa has been limited, denied or undermined by laws and policies carried over from the colonial period. Using some examples from the colonial era, the paper argues that current environmental injustices in Kenya have roots in colonial laws and policies. It also explores the provisions of the Constitution of Kenya 2010, and some of the sectoral laws enacted under it on environmental justice. The conceptual parameters of environmental justice adopted in this discussion are to assess whether the laws, policies and regulations under study distribute environmental burdens proportionately; whether they have adequate provisions for all to participate in environmental decision-making and whether they allow all to have access and enjoy a fair share of natural resources. * Ph.D in Law, LL.B, LL.M (Env. Law, Nairobi), FCIArb, FCPSK, MKIM, Advocate, Lecturer, Centre for Advanced Studies in Environmental Law and Policy (CASELAP), University of Nairobi. **LL.B, LL.M, MCIArb, Lecturer, Strathmore Law School. The Authors wish to acknowledge Ngararu Maina, LL.B (Hons) Moi, for research assistance extended in preparation of this paper. [January, 2015]

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