| dc.description.abstract | The Constitution of Kenya 2010 ushered in a paradigm shift in regard to the principles of
judicial dispensation of justice and environmental governance. Among the fundamental changes
was in the exercise of the judicial authority in environmental governance through the creation of
the specialized environment and Land Court.
Article 162 of the Constitution of Kenya provides for the establishment of the
Environment and Land Court which has the same status and jurisdiction akin to the High Court.
In 2011, Parliament enacted the Environment and Land Court Act through which the
Environment and Land Court was established. In accordance with the provisions of this Act, the
court is mandated to ensure reasonable and equitable access to justice in land and environment
matters.
This study sought to determine whether the establishment of the specialized Environment
and Land Court in Kenya as designed has improved the dispensation of justice in environmental
matters. Further, it sought to assess the jurisprudence emerging from the courts with a view to
discern early trends and their contribution to environmental management and sustainable
development in Kenya. In this regard, the study proceeded to assess the perception of litigants,
advocates, and stakeholders in the justice sector on whether the establishment of the court has
improved access to environmental justice.
The study noted that despite the fact that the ELC had been established in16 stations
across the country not all cases relating to land are being filed in this court. In
addition,insufficient number of judges has greatly hindered access to justice, the study also noted
that a very small percentage of the matters filed in the court were purely environmental in nature,
this was majorly attributed to the lack of awareness by Kenyans on their environmental rights as
articulated in the Constitution, the judiciary was blamed for not having carried out campaigns to
popularize the court.
Therefore, the study proposes that the courts adhere to the establishment of the ELC by
exclusively handling matters related to Environment and Land, Article 162 (2) of the
Constitution created a specialized environment court that was expected to enhance the role of the
courts in environmental management. The study further proposes that the Chief Justice should
cease using his administrative authority in appointing judges of the court to listen to matters
outside their jurisdiction as their jurisdiction stems from Article 165 of the Constitution. Section
7of the Environment & Land Court Act sets out the criteria to be followed in appointing judges
the JSC should adhere to this criteria, it should also ensure that the court is set up in 47 counties
in order to ensure that access to environmental justice is enhanced across the country,
The study further proposes that the judges appoint a principal judge to the court and a
registrar as stipulated in the ELC Act this will ensure that the court structures are in place thus
streamlining its operations. The study further recommends that the judges in the ELC should
refer minor disputes to other existing resolution mechanisms to ease backlog in the courts | en_US |
