The Right to a Clean and Healthy Environment and the Role of Institutions in Kenya: Steps Forward or Steps Backwards?

Abstract

Despite the provision of Constitution of Kenya 2010 on the right to a clean and healthy environment, meaningful implementation of Article 42 still remains a challenge. Other than failing to delineate the nature, scope and appropriate definition of what the right to a clean and healthy environment is, it appears that the conventional literature and laws assume that the environment is only limited to the ecosystem or natural world as a whole especially as affected by human activity while ignoring the extensive ramifications of pollutions. The general approach about the environment from the Stockholm declaration in 1972, Rio declaration in 1992 and beyond, has significantly remained unchanged despite numerous global socio-economic and political developments and evolution. It is therefore necessary to take the bold steps forward and begin breathing live to the existing progressive legislative and policy framework. Having reviewed the relevant literature on the right to a clean and healthy environment in Kenya, this study seeks to identify and reconcile the glaring gaps in order to meaningfully explore the opportunities and realize the ambitious aspirations that can guarantee a clean and healthy environment for the present and future generations.