KNOW YOUR RIGHTS: RIGHT TO CLEAN HEALTHY ENVIRONMENT
29-01-2018 | By: |
It is your right to a clean and healthy environment. This is guaranteed in Article 42 of the Constitution of Kenya. The Government has an obligation to have the environment protected for the benefit of present and future generations through legislative and other measures like,
- Ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources and ensure the equitable sharing of the accruing benefits.
- To achieve and maintain a tree cover of at least ten percent (10%) of the land area of Kenya.
- Protect and enhance intellectual property in and indigenous knowledge of biodiversity and the genetic resources of the communities. This is done by NEMA who have Regulation to protect this.
- Encourage public participation in the management protection and conservation of the environment.
- Protect genetic resources and biodiversity.
- Establish systems of environmental impact assessment, environmental audit and monitoring of the environment.
- Eliminate processes and activities that are likely to endanger the environment.
- Utilise the environment and natural resources for the benefit of the People of Kenya.
- Ensure that any transaction relating to exploitation of Natural Resources including by the government, are scrutinised and authorise by Parliament.
How to enforce this right?
Any person whether directly affected can apply to the Court (National Environmental Tribunal or the Court) where the court may order among other orders;
- To prevent stop or discontinue any act or omission that is harmful to the environment
- To compel any public officer to take measures to prevent or discontinue any act or omission that is harmful to the environment
- To provide compensation for any victim of a violation of the right to a clean and healthy environment.
The environment is critical to human life and quality of life and citizens must demand the Governments to act in accordance of the Constitution. The citizens should ensure that Governments provide adequate resources and policies to protect the environment. The citizens need to call out governments who are not fulfilling their obligations and set out in the constitution and legislation. Know and enforce your Right!
Know Your Rights
, Human Rights
, Economic Rights
, Social Rights
, Reproductive Health
, Older Person Cash Transfer
, Intellectual Property
, National Environmental Tribunal