Children's Access to Justice for Environmental Rights | Kenya

This report looks at whether the laws and policies in Kenya make it possible for children to access their environmental rights.

The Constitution of Kenya dedicates a number of its provisions to the promotion and protection of environmental rights and explicitly recognises the right of every person to a clean and healthy environment. These have been increasingly been used by citizens in courts (e.g. Save Lamu v. National Management Authority, Adrian Kamotho Njenga v. Council of Governors, Legal Advice Centre T/A Kituo cha Sheria & Anor v. Attorney General and 7 Others). Intergenerational equity is also enshrined in the Constitution and courts have applied it in a number of occasions (e.g. Waweru v. Republic of Kenya, Rodgers Muema Nzioka v. Tiomin Kenya Ltd, John Muthui and Ors. v. County Government of Kitui and Ors.).

The Environment Management and Coordination Regulations provides a classification of toxic substances, making reference to the ones that are harmful to children. However, in spite of the requirement provided in the same law and a number of proposals to implement on identified, Kenya is not equipped with a  pollutant release and transfer register. 

Individuals face a number of standing requirements when they go to court. Although every person has legal standing to bring environmental cases on their behalf or on behalf of a group of people, including NGOs, and there is no requirement to demonstrate injury, children cannot act in their own name before courts. Limitation periods apply and it is not clear whether environmental cases qualify for legal aid. 

Although the right to peaceful assembly, freedom of expression and freedom of association are legally recognised in Kenya, cases have been reported where police forces have violently repressed student movements and student artistic performances.

This report was published in June 2025 and developed with the support of Christine Nkonge, as well as finalised based on any feedback from the State. To learn more read the full report below, and please get in touch if this information was useful and you want to talk more.