Chapter Five: Land and Environment part 1

CHAPTER FIVE

CHAPTER FIVE

LAND AND ENVIRONMENT

Part 2– Environment and natural resources

69.

Obligations in respect of the environment

  1. The State shall–

    1. ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits;

    2. work to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya;

    3. protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities;

    4. encourage public participation in the management, protection and conservation of the environment;

    5. protect genetic resources and biological diversity;

    6. establish systems of environmental impact assessment, environmental audit and monitoring of the environment;

    7. eliminate processes and activities that are likely to endanger the environment; and

    8. utilise the environment and natural resources for the benefit of the people of Kenya.

  2. Every person has a duty to cooperate with State organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources.

70.

Enforcement of environmental rights

  1. If a person alleges that a right to a clean and healthy environment recognised and protected under Article 42: bill of rights has been, is being or is likely to be, denied, violated, infringed or threatened, the person may apply to a court for redress in addition to any other legal remedies that are available in respect to the same matter.

  2. On application under clause (1), the court may make any order, or give any directions, it considers appropriate–

    1. to prevent, stop or discontinue any act or omission that is harmful to the environment;

    2. to compel any public officer to take measures to prevent or discontinue any act or omission that is harmful to the environment; or

    3. to provide compensation for any victim of a violation of the right to a clean and healthy environment.

    4. For the purposes of this Article, an applicant does not have to demonstrate that any person has incurred loss or suffered injury.

71.

Agreements relating to natural resources

  1. A transaction is subject to ratification by Parliament if it–

    1. involves the grant of a right or concession by or on behalf of any person, including the national government, to another person for the exploitation of any natural resource of Kenya; and

    2. is entered into on or after the effective date.

  2. Parliament shall enact legislation providing for the classes of transactions subject to ratification under clause (1).

72.

Legislation relating to the environment

  1. Parliament shall enact legislation to give full effect to the provisions of this Part.


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