Implications of the New Constitution on Environmental Management in Kenya - Recent Development

• Main Author: Angela Mwenda and Thomas N. Kibutu
• Format: Article
• Language: English
• Published: School of Oriental and African Studies 2012-06-01
• Series: Law, Environment and Development Journal
• Subjects: Constitution; environment; environmental management; Kenya
• Online Access: http://lead-journal.org/content/12076.pdf

The importance of anchoring environmental management in a country’s constitution cannot be over-emphasised. Kenya attained its independence from British colonial rule in 1963 but environmental management issues were not explicitly provided for in the constitution. The promulgation of a new constitution on 27 August 2010 heralded a comprehensive provision for environmental management in Kenya. This paper reviews these specific provisions and their implications, and concludes that the country is now positioned to better manage the environment. The paper also cautions that the implementation of these provisions is the most important phase after promulgation. It thus urges Kenyans to be vigilant, like they were during the search for the new constitution, and to ensure that they actualise their ‘right to a clean and healthy environment’, among other provisions.