The Legal Edge

Africa has faced significant developmental challenges, prompting the Organisation of African Unity (OAU) to adopt the Lagos Plan of Action for Economic Development of Africa 1980-2000 in April 1980. This comprehensive plan acknowledged that, despite various efforts, the continent had stagnated and continued to experience severe underdevelopment—despite its rich natural resources. One of the critical factors highlighted was Africa's reliance on external scientific and technological resources, which underscored the continent's dependency on developed nations for technological advancement. In Sessional Paper No. 5 of 1982, titled Science and Technology for Development, Kenya's government identified major developmental challenges and explored how a science and technology policy could facilitate poverty alleviation. This pivotal document outlined a commitment from the government not only to foster an independent capacity for science and technology research in the long term but ...

Biotechnology is the use of living organisms, cells, or biological systems to develop products or  processes that improve human life and the environment. It combines principles from biology, chemistry, and engineering to create innovations in various fields, such as medicine, agriculture, and environmental sciencIn a nutshell, biotechnology can be summarized as follows: 1. Medical Biotechnology Recombinant Insulin: Genetically engineered bacteria produce insulin for diabetes treatment, providing a reliable source for patients. Monoclonal Antibodies: Developed for targeted therapies in cancer treatment and autoimmune diseases (e.g., trastuzumab for breast cancer). Gene Therapy: Techniques to treat genetic disorders by inserting healthy genes into a patient’s cells (e.g., treatments for spinal muscular atrophy). 2. Agricultural Biotechnology Bt Crops: Genetically modified crops (like corn and cotton) that produce a toxin from the bacterium Bacillus thuringiensis to resist insect pest...

Law and Sustainable Development Sustainable development balances the needs of current and future generations by ensuring that present demands are met without compromising future generations' ability to satisfy their own needs, focusing on the interconnection of society, economy, and environment. Brundtland Report, also known as "Our Common Future," published by the World Commission on Environment and Development in 1987.    Judge Weeramantry's opinion in the Gabcikovo-Nagymaros Project case highlights the importance of sustainable development as a principle that balances economic development and environmental protection. It emphasizes the need for integrated governance that includes;- grassroots participation (Gbekley et al., 2024) (Mahanayak, 2024).  Effective governance of natural resources is crucial, particularly in the context of climate change and biodiversity loss, as it influences  wealth distribution and conflict resolution (Hickey, 2024) (Huang et al....

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): a...