Sustainable Development (SD), Environmental and Natural Resources Governance in Kenya and Africa

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Sustainable Development (SD), Environmental and Natural Resources Governance in Kenya and Africa

1. The Constitution of Kenya

  • Preamble: The Constitution (2010) emphasises sustainable development and intergenerational equity.

  • Article 10(d) recognises sustainable development as a national value and principle of governance.

  • Article 60: Mandates the sustainable use of land resources.

  • Article 69: Ensures public participation in the sustainable use of resources.

  • Article 42 guarantees the right to a clean and healthy environment.

  • Article 70 provides a mechanism for seeking redress related to environmental rights.

Statutory Framework

  • Environmental Management and Co-ordination Act (EMCA):

    • The primary legislation for environmental law in Kenya, effective since 2002.

    • Section 148 ensures that existing laws align with EMCA provisions.

  • Other relevant laws:

    • Water Act (2002): Governs water resource management.

    • Forest Act (2005): Regulates forest resources.

    • Agriculture, Food and Fisheries Act (2013): addresses agricultural practices.

    • Mining Act: Regulates mining activities.

    • Petroleum (Exploration and Extraction) Act: Governs oil and gas activities.

    • National Land Commission Act: Manages land resources.

  • Regulations under EMCA:

    • Environmental (Impact Assessment and Audit) Regulations (2003): Require assessments before projects begin.

    • Waste Management Regulations (2006): Set guidelines for managing waste.

Institutional Framework

  • National Environmental Management Agency (NEMA): Oversees environmental governance.

  • National Environment Council: advises on environmental policies.

  • County Environment Committees: Local governance of environmental issues.

  • National Environment Tribunal: Handles disputes related to environmental matters.

  • Mining Board and Tribunal: Regulate mining activities and resolve disputes.

  • Energy Regulatory Commission: Oversees energy sector regulations.

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