Implications Of Coal Mining On Environmental Rights Of Local Communities In The Mui Basin, Kitui County – Kenya

Abstract

Article 42 of the Constitution guarantees a “clean and healthy environment.” This right also implies rights to life, social and economic rights, rights to adequate and acceptable food and water, the absence of hunger, entitlement to the best possible health, property rights and the rights of marginalized peoples and minorities. With the planned coal mining project in Mui Basin, Kitui County, the entitlement to a pristine, nurturing environment pursuant to Article 42 will be under threat from air and water pollution, and solid waste disposal from the mining project. This study sought to examine how the environmental rights of local communities have been protected by the existing regulatory framework; local communities’ knowledge, attitudes and perceptions from coal mining in Mui Basin, the gaps, if any in the enforcement of environmental rights of Mui Basin residents, and whether environmental rights will be protected from the anticipated coal mining project in the Mui basin. In a simple sampling procedure, one hundred and fifty households, randomly identified, were interviewed using a semi-structured questionnaire. The findings presented in the study show that the environmental rights of local communities are likely to be breached by the anticipated coal mining. Effective monitoring by National and County governments and state agencies to ensure mining is carried out according to the law, thus protecting environmental rights of local communities and mitigating the adverse environmental impacts of the project on them. Further, engagement residents also required to promote sustainable development. . Keywords: Environmental rights, Community, Coal Mining, Legal Framework