- Right of every Kenyan to a clean environment
- Functions of NEMA
- Laws on waste management
- Management of harzadous chemicals and substances
- Water management
- Regulation of pest control
- Control of radio active substances
The Kenya Environmental law describes the legal rules in Kenya relating to the environment, and more broadly the social, economic, philosophical and jurisprudential issues raised by attempts to protect, conserve and reduce the impacts of human activity on the Kenyan environment.
The topic may be divided into two major subjects: pollution control and remediation, and resource conservation, individual exhaustion. The limitations and expenses that such laws may impose on commerce, and the often unquantifiable (non-monetized) benefit of environmental protection, have generated and continue to generate significant controversy.
Given the broad scope of environmental law, no fully definitive list of environmental laws is possible. The following discussion and resources give an indication of the breadth of law that falls within the "environmental" metric.
Sources of Kenya Environmental law
There are a number of diverse sources of Kenya environmental law:
- International law – Both international customary law and international conventions function as sources of Kenya environmental law.
- Common law – A variety of common-law rules, derived from neighbour law, for example, and the law of nuisance, are of significance as sources of environmental law. The dictum sic utere tuo ut alienum laedas ("use your own so as to cause no harm") furnishes one instance.
- Constitution of Kenya – The Constitution now informs and underlies the entire legal system in Kenya. Of prime importance is the Bill of Rights, with its explicit provision for environmental rights.The Constitution provides a framework for the administration of environmental laws.
- Statute law – Environmental law is also derived, fairly obviously, from national and provincial legislation, and from local by-laws.
- Customary law – Custom functions to some degree as a source of environmental law.
Historical development of Kenya environmental law
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. The aims of environmental law are:-
a) To facilitate environmental management by providing rules and regulations for environmental conservation and preservation. In facilitating environmental management we get to know how institutions for environmental management are created, how rules are created to resolve environmental conflicts, and what are the acceptable standards of conduct and behavior when interacting with the environment.
b) To facilitate sustainable development.
The sources of environmental law in Kenya include the constitution, framework law, sectoral statutes, regulations, judicial decisions, customary law, treaties, general opinions of international law and qualified writings among other sources.
Environmental law originally arose out of English Common law and such law sought to uphold individual property rights as well as protect common property such as rivers, air and sea. Remedies for injuries sustained as a result of environmental breach were pursued privately whereas in other areas, public authorities were held to account for the same. Criminal law was also used by the state to punish individuals for breaches for example, the law of public nuisance, trespass and arson.
Industrial revolution led to regulations to protect public health and control water pollution. These regulations were however localized at that time. It is this industrial development that gave impetus to growth of national laws when in the 1960s countries saw the need to enact specific laws to regulate the environment starting with Brazil which enacted the laws on environment in 1967.
Environmental law therefore developed from case law to what it is today.
a) To facilitate environmental management by providing rules and regulations for environmental conservation and preservation. In facilitating environmental management we get to know how institutions for environmental management are created, how rules are created to resolve environmental conflicts, and what are the acceptable standards of conduct and behavior when interacting with the environment.
b) To facilitate sustainable development.
The sources of environmental law in Kenya include the constitution, framework law, sectoral statutes, regulations, judicial decisions, customary law, treaties, general opinions of international law and qualified writings among other sources.
Environmental law originally arose out of English Common law and such law sought to uphold individual property rights as well as protect common property such as rivers, air and sea. Remedies for injuries sustained as a result of environmental breach were pursued privately whereas in other areas, public authorities were held to account for the same. Criminal law was also used by the state to punish individuals for breaches for example, the law of public nuisance, trespass and arson.
Industrial revolution led to regulations to protect public health and control water pollution. These regulations were however localized at that time. It is this industrial development that gave impetus to growth of national laws when in the 1960s countries saw the need to enact specific laws to regulate the environment starting with Brazil which enacted the laws on environment in 1967.
Environmental law therefore developed from case law to what it is today.