Environmental protection in Kenya's environment and land court

CB Soyapi - Journal of Environmental Law, 2019 - academic.oup.com
Journal of Environmental Law, 2019academic.oup.com
Abstract In 2010, Kenya revised its Constitution to include the right to a 'clean and healthy
environment', environmental impact assessment (EIA) requirements and the establishment
of a specialised environmental court, the Environment and Land Court (ELC). As the only
currently operational and constitutionally mandated environmental court in Africa, this
analysis examines the ways in which the ELC has applied the right to a clean and healthy
environment and enforced the constitutional requirement for EIAs in its rulings. Overall, it …
Abstract
In 2010, Kenya revised its Constitution to include the right to a ‘clean and healthy environment’, environmental impact assessment (EIA) requirements and the establishment of a specialised environmental court, the Environment and Land Court (ELC). As the only currently operational and constitutionally mandated environmental court in Africa, this analysis examines the ways in which the ELC has applied the right to a clean and healthy environment and enforced the constitutional requirement for EIAs in its rulings. Overall, it demonstrates that in the short period during which the Court has existed, the ELC has developed a robust and progressive jurisprudence, especially by holding government power to account for any failings in carrying out EIAs and in upholding the environmental rule of law. In analysing the works of the ELC, this study focuses on three recent cases: Leboo, Kamau and ACRAG.
Oxford University Press
以上显示的是最相近的搜索结果。 查看全部搜索结果