Environmental Diplomacy In Large Participatory Conferences: A Review Of Kenya’S Environmental Laws 1963 - 2018

Abstract

As early as since independence Kenya led in advancing environmental concerns at regional and international level demonstrating commitment to sustainable development. Kenya’s participation and negotiations in international environmental agenda has been part of its development of ‘soft power’. Environmental issues including on transboundary resources has transcended the boundaries of Kenya's current legal and institutional structure. At the same time, Kenya has been looked up to spearhead environmental sustainable development by its neighbors who share in the trans boundary resources. The study used a guide for semi-structured, open-ended expert interviews at the relevant government ministries. The first part of this study outlines the impact of Environmental resources and their economic bearing on Kenya and her communities. It then proceeds to chronicle how Kenya protects, develops and manages them through domestic and international laws. The last part of the study identifies the gaps in terms of implementation deficits, unintended (and adverse) impacts in other policy sectors, and in the context of the role of Kenya in international relations in the international system. The research findings confirmed that the environmental resources of Kenya are highly valued; effective coordinated implementation of environmental regulations is essential and sustainable financing is lacking. The research findings also confirmed that there is tremendous degradation by the activities associated with economic activities. Furthermore, the impacts of degradation of shared resources are now felt across boundaries, e.g. air and water pollution causing regional and global concern. This study recommends that Kenya should develop and implement a national assessment programme to monitor the state of the environment. Industries or sectors may be designed to minimize environmental harm but unless an authority is there to monitor emissions, standards slip. Kenya may not need new laws because her environmental legal regime is adequate. Thus, should use the linkages provided by domestic and international laws to tackle the challenges of climate change in the short and long terms, and emphasis should be on synchronizing the implementation processes so as to take advantage of the resources often provided in the international agreements. The study also recommends that the implementation activities should be synchronized across all the economic sectors. Sectoral thinking and implementation hinders sustainable development; and that sector specific laws should be streamlined with the Constitution (2010). The study recommends that Kenya in her position at the UN Security Council should put her efforts in shaping a common African approach on how to protect, stem the environmental losses and enhance the sustainable productivity of the natural capital. This common approach would guide the implementation of environmental laws in the continent and formulate any other laws that might be developed in the future. Thus, successful implementation of domestic and international environmental laws in Kenya will influence how she steers Africa, which must move the continental economy from protectionism to facilitating sustainable development