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Courts will act in the environmental interest when they fast-track cases, take a firm stance on contempt proceedings and ensure their orders are respected and enforced. [iStockphoto]
A growing number of cases before courts show State institutions created to protect our environment and wildlife are enabling their destruction as amendments to critical safeguard laws are introduced. Unless this changes, the Judiciary may be the last line of defence against State-led environmental destruction.
We have a constitutional right to a clean and healthy environment (Article 42). State agencies bear a constitutional duty to conserve and protect Kenya’s biological diversity, wildlife, forests, rivers, national parks and natural ecosystems (Art.69). Under Art.70, any one of us can go to court to stop environmental harm and compel the State to safeguard natural resources for present and future generations.
The Kenya Wildlife Service, Kenya Forest Service and National Environment Management Authority were not created to enable degradation of protected ecosystems for urban development. They were created to conserve and sustainably manage our wildlife, forests and biodiversity in line with Articles 42 and 69. Recent trends suggest that they may have lost their backbone in the face of multiple government plans to build state lodges, golf courses, zoos and parking lots in our forests and national parks.
