Article 42 of the Constitution of Kenya, 2010 provides that every person has the right to a clean and healthy environment, which includes the right to have the environment protected for the benefit of present and future generations through legislative and other measures.
Article 70 of the Constitution of Kenya 2010 provides that if a person alleges that a right to a clean and healthy environment recognized and protected by the Constitution of Kenya, 2010 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.
An applicant does not have to demonstrate that any person has incurred loss or suffered injury.
The court may make any order, or give any directions, it considers appropriate––
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.
Constitution of Kenya, 2010
Robert Muoka – Advocate of the High Court of Kenya
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