Kenya

CRIN would like to express our profound gratitude to our external reviewer, Christine Nkonge, for their insightful comments on a draft of this report. CRIN also sent a draft version to the State for feedback and any comments received were taken into account in finalising the report. Any errors or inaccuracies remaining in the report are CRIN’s.

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I. National legal protections

A. Are environmental rights protected within the national constitution?

Kenya’s Constitution (2010) (the “Constitution”) dedicates a number of its provisions to the promotion and protection of environmental rights.1 The specific provisions relating to environmental rights are found within the Constitution in Chapter 4 (the Bill of Rights) and in Chapter 5 (Land and Environment). These chapters include direct recognition of positive environmental rights for private citizens, as well as recognition of the obligations and goals of the country at large.2 The Constitution also describes how the system of environmental courts works within the greater judicial sphere in Chapter 10 (Judiciary), the Fourth Schedule (Distribution of Functions between National and County Governments), and the Fifth Schedule (Legislation to be enacted by Parliament).3

The most explicit protections for environmental rights are in Articles 42, 69, and 70 in Chapters 4 and 5.4 In these Articles, the Constitution imposes obligations by outlawing processes and activities likely to endanger the environment.5 In doing so, it seeks to protect and promote substantive environmental rights.6 The Constitution also provides an avenue for private citizens to obtain redress for environmental rights violations.7

Article 42 sets out the fundamental environmental rights, stating that “every person has the right to a clean and healthy environment, which includes the right—(a) to have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated in Article 69; and (b) to have obligations relating to the environment fulfilled under Article 70.”8 This Article marks a landmark change from the previous Constitution, which had only implied the right to a clean and healthy environment under the provision of the “right to life.”9

Article 69 sets out certain obligations of both the state and persons in respect of the environment. These obligations include sustainable conservation efforts, maintenance of tree cover, encouragement of public participation in the management of the environment, establishment of systems of Environmental Impact Assessments, and the elimination of processes and activities that are likely to endanger the environment.10 The obligations extend beyond the individual person, to include companies as well. Since the Constitution itself defines “a person” to include “a company, association or other body of persons, whether incorporated or unincorporated,”11 the Constitution itself provides the basis for courts to compel companies to comply with environmental standards as well as the basis for courts to enforce environmental rights at large.12 Article 69 also provides that “[e]very person has a duty to cooperate with State organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources.”13

Article 70 sets out the enforcement of environmental rights, and consists of three separate parts.14 The first part states: “If a person alleges that a right to a clean and healthy environment recognized and protected under Article 42 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.”15 The second part states: “On application under clause (1), the court may make any order, or give any directions, it considers appropriate - (a) To prevent, stop or discontinue any act or omission that is harmful to the environment; (b) To compel any public officer to take measures to prevent or discontinue any act or omission that is harmful to the environment; or (c) To provide compensation for any victim of a violation of the right to a clean and healthy environment.16 The third part states: “For the purposes of this Article, an applicant does not have to demonstrate that any person has incurred loss or suffered injury.”17 The existence of these enforcement clauses give direct power to Articles 42 and Articles 69 in allowing a person to directly seek redress for environmental grievances.

The Constitution provides that in enforcing the provisions in its Bill of Rights, a Kenyan court must adopt an interpretation that favors the enforcement of a fundamental freedom provided in the Bill of Rights.18

Article 24 of the Constitution qualifies the Bill of Rights. It provides that a constitutional right outlined in the Bill of Rights “shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors.”19 The State or entity attempting to limit a constitutional right will therefore need to provide adequate justification, namely, by illustrating that the legislature expressly intended to limit the right, in the appropriate court.20


B. Have constitutional rights protections been applied by national courts with regards to environmental issues?

Private citizens have increasingly begun to use the aforementioned articles to seek redress for greater environmental issues. Communities have begun using the articles to challenge large extractive projects, asserting that these projects have contributed to the growing climate emergency and loss of biodiversity.

One notable case is that of Save Lamu v. National Management Authority, in which Kenya’s National Environment Tribunal revoked an Environmental Impact Assessment (“EIA”) License issued to Amu Power Company Limited for the development of Kenya’s first coal-fired power plant.21 In this case, a community-based organization called Save Lamu filed the original appeal in 2016 in conjunction with five other Lamu residents. The petitioners asserted that the project was inconsistent with the aims of Article 69(f), which requires the State to establish Environmental Impact Assessments that take into account proper and effective public participation.22 Further, they asserted claims under the Climate Change Act of 2016, which allows citizens a right of action pursuant to Article 70 of the Constitution to directly challenge companies on the basis of climate change effects.23 The judgment asserted that community voices were not properly heard during the decision-making process.24 The Tribunal further asserted that public participation, especially by those communities most affected by such development choices, needed better integration into the overall process.25 The Tribunal ultimately stated that “Climate Change issues are pertinent in projects of this nature and due consideration and compliance with all laws relating to the same. The omission to consider the provisions of the Climate Change Act 2016 was significant even though its eventual effect would be unknown.”26

Another recent case is that of Adrian Kamotho Njenga v. Council of Governors, in which the petitioner sought a declaration that the local government had breached Article 42 of the Constitution (which guarantees a clean and healthy environment) by failing to provide public sanitary facilities or toilets near a local road network.27 The petitioner argued that due to the lack of options for proper sanitary facilities, motorists and commuters relieved themselves on the streets, road reserves, adjacent bushes or open spaces causing them to suffer immense biological, metabolical and physiological torture.28 After deliberations, the court ordered respondents to formulate and implement a policy for the provision of toilets and other sanitation facilities along the Kenyan road network to give effect to Articles 42 and 43 (including the right to reasonable standards of sanitation)29 of the Constitution on the right to a clean and healthy environment with reasonable standards of sanitation.30 This case represents the use of Article 42 to pressure local government into maintaining a clean and healthy urban environment.

In Legal Advice Centre T/A Kituo cha Sheria & Anor v. Attorney General and 7 Others, members of the Ilchamus and Tugen communities near Lake Baringo, Kenya, alongside Kituo cha Sheria (a human rights NGO), filed a climate change petition in the Environment and Land Court in Iten.31 They alleged that their constitutional rights had been violated due to flooding linked to climate change, leading to significant displacement and loss of life and property. The petitioners argued that government officials failed to fulfill their responsibilities under the Climate Change Act No. 11 of 2016, which they claimed exacerbated the climate crisis. The court permitted an application to form a three-judge panel to hear the case regarding the neglect by various officials in addressing climate-related issues. The petitioners sought 12 key orders, including declarations of government officials' failures to take preventive measures against climate change, orders to rehabilitate infrastructure, compensation for damages, and resettlement for flood victims. The case is currently pending.

It is of note that the Kenyan judiciary has ruled that the courts of Kenya have a perpetual obligation to protect children’s rights even in cases where children are not a party.32


C. Has the concept of intergenerational equity been applied within national courts? If yes, in what circumstances?

The concept of intergenerational equity exists within the guarantee of the right to a clean and healthy environment set out in Article 42, which includes the right to have the environment protected for the benefit of both present and future generations.33 In addition to the enactment of the Constitution of 2010, the Environmental Management and Coordination Act of 1999 and the Environmental and Land Court Act of 2011 have led to increased hope that sustainable development informed by intergenerational equity will be attainable in the near future.34

One example of intergenerational equity being applied by Kenyan courts is the case of Waweru v. Republic of Kenya.35 In Waweru, the High Court of Kenya (at the time, the country’s second highest court) explicitly applied the principle of intergenerational equity to a case involving water pollution from the disposal of waste water and sewage. The Court stated in its decision that “the need to formulate and maintain ecologically sustainable development… give[s] rise to the equally important principle of intergenerational equity because the water table and the river courses affected are held in trust by the present generation for the future generations.”36 Further, the Court went on to state that “the intergenerational equity obligates the present generation to ensure that health, diversity and productivity of natural resources are maintained or enhanced for the benefit of future generations.”37

Another example is the case of Rodgers Muema Nzioka v. Tiomin Kenya Ltd, in which the High Court cited the principle of intergenerational equity in granting an injunction restraining a mining company from carrying out acts that would be particularly damaging for the environment.38 In this case, the High Court noted that a constructive view of the phrase “sustainable development” should be that “development that meets the needs of the present without compromising the ability of future generations [sic] to meet their own needs.”39 The High Court further noted that its decision was “guided by principles of public participation, cultural and social principles and principles of international cooperation, principles of intergenerational and intragenerational equity, polluter pays principle and precautionary principles.”40

More recently, in John Muthui and Ors. v. County Government of Kitui and Ors., the petitioners sought conservatory orders to prevent the respondents from licensing or allowing sand harvesting from the Tiva River until the petition's resolution.41 Representing themselves and the residents of Kitui County who rely on the river, they argued that the respondents had permitted sand harvesting without adhering to the necessary regulations, resulting in environmental degradation and potential future risks for the community.42 Two key issues in this case were determining what elements comprised the principle of sustainable development and what was the meaning and purpose of the principle of intergenerational equity.43 The court recognised intergenerational equity as a key principle in environmental disputes.44 The Court held that the essence of this principle, together with the precautionary principle, is to ensure that the environment is preserved for future generations and to take proactive measures to prevent environmental harm.45 The court also held that the right to a clean and healthy environment protects both present and future generations, and an individual does not need to demonstrate personal interest or injury to file a claim of infringement of such right.46


D. What legislation is in place to regulate environmental protection? Are there any proposals for legal reforms currently under review in the national legislature?

The main legislation in place to regulate environmental protection consists of the Constitution (Articles 42, 69, and 70) and the Environmental Management and Coordination Act of 1999 (amended in 2015) (the “EMCA”).47

The EMCA provides an appropriate legal and institutional framework for environmental management. It is the framework law on environmental management and conservation, which establishes the 1) National Environment Management Authority, 2) Public Complaints Committee, 3) National Environment Tribunal, 4) National Environment Action Plan Committees, and 5) County Environment Committees.48 The EMCA provides for the general principles to guide environmental management in the country recognized at international level, including the right to a clean and healthy environment and the application of the principles of sustainable development.49

The National Environment Management Authority (“NEMA”) is the principal government instrument charged with implementing all policies relating to the environment, and exercising general supervision and coordination over all matters relating to the environment.50 In consultation with the lead agencies, NEMA is empowered to develop regulations, prescribe measures and standards, and issue guidelines for the management and conservation of natural resources and the environment.51

NEMA is charged with enforcing the EMCA as well as the subsidiary legislation that has been passed over the last decade, including laws on water quality waste management, controlled substances, biodiversity, wetland, river and seashore, and environmental impact legislation.52 These pieces of legislation can be found online.53 Under the EMCA, NEMA is required to review EIA reports and solicit comments from the relevant lead agencies and the public.54 The EMCA further requires NEMA to report to the lead agencies that would be affected by the relevant project.55

Currently, the Ministry of Environment and Natural Resources is following a National Adaptation Plan (“NAP”) for the years 2015-2030 that addresses the adverse impact of climate change on Kenya’s economic development, building upon the Climate Change Act of 2016.56 The NAP sets out Kenya’s national circumstances, focusing on current and future climate trends, and describes the country’s vulnerability to climate change.57 The NAP also elaborates further on relevant institutional arrangements, including monitoring and evaluation processes.58

The Climate Change Act No. 11 of 2016 (CCA) establishes the Climate Change Council, which is chaired by the President of the Republic of Kenya.59 The Climate Change Council's responsibilities include putting the National Climate Change Action Plan into action, providing policy advice, developing public awareness campaigns, and establishing goals for greenhouse gas emission regulations.60 Under the Climate Change Act of 2016, citizens can directly apply to the Environment and Land Court (“ELC”) alleging that a person (which by definition includes companies) has “acted in a manner that has or is likely to adversely affect efforts towards mitigation and adaptation to the effects of Climate Change.”61 Other sectoral laws include the Wildlife Conservation and Management Act and the Forest Conservation and Management Act.62

Furthermore, the Companies Act 2015 (No. 17 of 2015) delineates the responsibilities of a director, which encompass, among other things, operating in good faith and considering the effects of the company's operations on the community and the environment.63

The Government of Kenya passed a ban on manufacture, importation, supply, distribution and use of non-woven polypropylene bags in Kenya in March 2019.64 Kenya is also currently examining the potential for a recycling disposal strategy for e-waste such as batteries and electronics.65


E. Is there any specific national policy addressing childhood exposure to toxic substances? If so, what is considered a safe level of exposure and what is the process for determining safe levels of exposure?

The Ministry of Environment and Forest Resources drafted a National Chemicals Policy in 2022, encompassing a number of areas, including agricultural and industrial chemicals, as well as the environmental, economic, social, health, and labour dimensions of chemical safety and security.66 The aim of the policy was to advance the responsible management of chemicals to support sustainable development in Kenya, resulting in the creation of national and regional chemical management systems to safeguard human health and the environment.67 However, this policy has not been formally adopted by the Parliament yet.

In 2024, the Environment Management and Coordination (Management of Toxic and Hazardous Chemicals and Materials) Regulations was enacted, with the objective to safeguard human health and the environment from the harmful impacts of toxic and hazardous industrial chemicals and materials; to minimize the risks associated with chemicals and promote their safe management; to facilitate the free circulation of chemical products; and to implement the Stockholm Convention, the Rotterdam Convention, the Minamata Convention, along with other applicable international treaties, agreements, and conventions concerning chemical management.68

These Regulations also provide an Acute Toxicity Estimate (ATE), classifying the different groups of toxic substances according to the routes of exposure (oral, dermal or inhalation) and the level of toxicity according to the amount to which a person is exposed.69 The Regulations make reference to toxic substances that may damage the unborn and the breast-fed child, as well as to those present in toys for children.70

Kenyan courts have used guidance from the United States Environmental Protection Agency (the “EPA”) to determine a safe level of exposure for toxic substances.71 The case centered around lead exposure, where a Kenyan court found that the residents of the Owino-Uhuru area in Mombasa had elevated levels of lead much higher than EPA standards, due to a nearby lead smelter that recycled lead-acid batteries.72


F. Is the country equipped with pollutant release and transfer registers? If yes, do these registers take into account child specific factors regarding the substances for which data is gathered and the type of data generated?

Article 6 of the Environment Management and Coordination (Management of Toxic and Hazardous Chemicals and Materials) Regulations requires the establishment and maintenance of “a register of toxic and hazardous industrial chemicals and materials identified as meeting the criteria referred to in regulation 4 in the format set out in the Second Schedule”.73 Furthermore, in the draft National Chemicals Policy (2022), the Kenyan government commits to “[s]trengthen chemical data management system through development of Pollutant Release Transfer Register (PRTR)”.74 However, the latter has not been formally adopted by the Parliament yet (see above).

Based on our review of available resources, Kenya does not appear to be currently equipped with pollutant release and transfer registers, though two proposals were identified.75 In the first proposal, dated March 26, 2018, Kenya received a grant from the Global Environment Facility towards mainstreaming sound chemicals management and reduction of persistent organic pollutants (“POPs”), a main output of the project being to develop a pollutant release and transfer register for Kenya. This proposal document sought to hire a national consultant to aid Kenya in the creation of a pollutant release and transfer register. In the second proposal, dated September 27, 2019, the United Nations Development Programme requested a national consultant to partner with Kenya’s Ministry of Environment and Forestry to develop a national monitoring protocol for POPs and to develop a pollutant release and transfer register. The target start date was October 28, 2019. No further information regarding the state of implementation of these two proposals was located.

It is interesting to note the GeoSight project, “which is a geospatial platform intended to provide an easy-to-use and open-source cartographic visualization of the CCRI-DRM Kenya model created by UNICEF”.76 The CCRI-DRM is a subnational adaptation of the global Index for Risk Management (INFORM) model for identifying exposure levels to various hazards and vulnerabilities.77 A final risk score is generated by indexing and combining the two primary pillars of this analysis: (i) exposure to hazards, shocks and stresses and (ii) child vulnerability.78 Under pillar 1, air pollution is considered, but exposure to chemicals and other toxic substances could not be identified among the different hazards and vulnerabilities covered by the index.79


G. Does the State assert extra-territorial jurisdiction for any environmental issues?

Based on the review of available resources, Kenya does not appear to assert extra-territorial jurisdiction for environmental issues. However, one of the guiding principles for Kenyan courts is the “polluter pays principle.”80 Under this principle, the costs of pollution should be borne by the person responsible for causing the pollution.81 Nevertheless, the environmental statutes themselves do not appear to have explicit provisions for extra-territorial jurisdiction.

In the case Friends of Lake Turkana Trust v. Attorney General, the Friends of Lake Turkana Trust (FLTT) filed a petition against the Kenyan government and associated entities, alleging that their agreement to purchase 500MW of electricity from Ethiopia, generated by dams on the Omo River, including the Gibe III dam, would significantly reduce water flow into Lake Turkana.82 This reduction threatened the livelihoods, cultural heritage, and environmental rights of communities dependent on the lake. The court affirmed its jurisdiction over the matter, stating that transboundary elements and foreign agreements did not preclude it from addressing potential violations of constitutional rights under Kenyan law.83

 
 

II. Accessing courts

A. How can environmental cases be brought before national courts?

Environmental cases can be brought by filing a complaint in writing and presenting it to a court registry with a signed supporting affidavit.84 Specifically, a civil claim can be commenced by presenting a plaint (together with accompanying documents) in court.85 After filing the plaint, the plaintiff is required to serve a copy of the plaint and the summons to enter appearance to the defendants, and then the defendants are required to file a defense or counterclaim.86 Through the 2010 Constitution, plaintiffs have a private right of action through Articles 42, 69, and 70, so that they can plead environmental cases directly before national courts.87 The Constitution permits the court to make any order or give any directions it considers appropriate, including orders or directions to prevent, stop or discontinue harmful acts to the environment.88

The Environmental and Land Court (the “ELC”) has jurisdiction to adjudicate disputes both in the first instance and on appeal, as well as to review decisions of other tribunals in certain instances.89 Environmental rights of actions pursued through the aforementioned constitutional articles encourage plaintiff cases in two separate ways. First, unlike in other forms of litigation, an environmental rights litigant need not prove that he or she has suffered injury to obtain relief from the courts.90 Second, the requirement for locus standi, also known as standing, is relaxed – the person taking an action to court need not be the victim of the environmental harm or threatened harm.91 ELCs are unevenly distributed throughout the country: out of the 47 Counties in Kenya, only 26 Counties have an ELC court.92


B. What rules of standing apply in environmental cases?

Kenya’s prior position on standing imposed a high threshold of proximate interest in, or relationship with, the subject matter of the claim.93 For a long time the common law rule on standing impeded actions regarding public interest environmental claims in Kenya, and in most instances, courts were reluctant to uphold private actions seeking to enforce public interest environmental rights.94

In this sense, it is worth highlighting the case Wangari Maathai v. Kenya Times Media Trust Ltd., where the plaintiff, a coordinator of the Green Belt Movement, sought a temporary injunction to stop the defendant from building a complex in a recreational park in Nairobi.95 She filed the suit in her personal capacity, not on behalf of the organisation or the public.96 The court ruled that she lacked locus standi, as she did not claim any personal damage or breach of her legal rights and noted that only the Attorney General could sue on behalf of the public, a requirement under section 61 of the Civil Procedure Act.97 The plaintiff’s moral or social concerns were not enough to establish legal standing.98 Therefore, the court dismissed the case.99

Some courts attempted to interpret locus standi more broadly. Examples of this are the case Alfred Njau & 5 others v. City Council of Nairobi, where the court held that if the Attorney General refuses to use their authority to start proceedings in a reasonable manner or if there is not enough time to obtain their consent, an individual may file a lawsuit; Paul Nderitu Ndung’u & Others v. Pashito Holdings Limited and Another, where the court determined that the plaintiffs had a "sufficient interest" since the plaintiffs' personal welfare and the establishment of a water reservoir were inextricably linked; and Abdikadir Sheikha Hassan and Others v. Kenya Wildlife Service (Hassan v KWS), where the court determined that there was “sufficient interest” under customary law.100

However, the introduction of the EMCA brought in the idea that every person could have the legal standing to bring cases aimed at protecting the environment on their behalf or on behalf of a group or class of persons, members of an association or in the public interest.101 Moreover, Article 22(2) of the Constitution relaxes the standing requirement. Article 22(2) states: “In addition to a person acting in their own interest, court proceedings under clause (1) may be instituted by (a) a person acting on behalf of another person who cannot act on their own name; (b) a person acting as a member of, or in the interest of, a group or class of persons; (c) a person acting in public interest; or (d) an association acting in the interest of one or more of its members.”102 Therefore, environmental rights litigants need not prove that they have suffered injury to obtain relief or an injunction from the courts.

By opening up the standing requirement to allow for “person[s] acting in public interest”, the Constitution paves the way for non-governmental organisations, environmental activists, and community action groups to pursue environmental claims for the Kenyan society at large.103 This makes it possible for activists to take legal action on behalf of vulnerable groups, and gives these groups the opportunity to challenge any action or decision that may negatively impact the environment.104

The CCA especially addresses the enforcement of rights related to climate change.

In John Muthui and Ors. v. County Government of Kitui and Ors., where the petitioners sought conservatory orders to prevent the respondents from licensing or allowing sand harvesting from the Tina River until the petition's resolution, the court held that the right to a clean and healthy environment protects both present and future generations, and an individual does not need to demonstrate personal interest or injury to file a claim of infringement of such right.105


C. Do these rules of standing differ when children are the complainants and if so in what way?

The Constitution protects fundamental rights and freedoms of every person in Kenya, and its provisions apply to all, including children.106 Children can bring cases to courts through another person, as they cannot act on their own name.107 Order 32 of the Civil Procedure Rules generally requires that children file suit through a “next friend,” stating that every suit by a child “shall be instituted in his name by a person who in such a suit shall be called the next friend of the minor.”108 The “next friend” is usually a guardian or designated appointee that is filing the suit on behalf of the children. For example, in the case of KM v. Attorney General, the petitioner KM was a “minor suing through Mother and Best-friend SKS.”109


D. What is the burden and standard of proof for allegations of personal injury as a result of toxic exposure?

The general rule on causation in Kenya is that a defendant will only be held liable if his act or omission is either the effective cause of the plaintiff’s injury or is so connected with it that it is considered a cause materially contributing to the injury.110 Sections 107(1), (2) and 109 of the Evidence Act deal with the burden of proof, stating that “whoever desires any court to give judgement [...] must prove that those facts exist” and “the burden of proof as to any particular fact lies on the person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person”.111

For pleading an environmental claim, the Constitution requires no allegation of personal injury. As per Article 70(3), an applicant does not need to demonstrate that any person has incurred loss or suffered injury.112 When exercising their jurisdiction under the EMCA, courts are required by Section 3 to follow the precautionary principle.113 In order to successfully enforce environmental rights, the courts have not, in practice, required the claimants to present detailed scientific evidence that links any harm to the defendants' actions.114 The plaintiffs must primarily demonstrate how the defendants' actions influence or are likely to impair the quality of the environment.115 Furthermore, courts believe that failure to comply with procedural environmental requirements outlined in legislation or regulations constitutes a violation of the right to a clean environment.116 Therefore, there is no explicit burden or standard of proof needed with regard to personal injury at the beginning of the litigation proceedings.

Typically, civil litigation requires that the case be proved on the balance of the probabilities, meaning that the claimant must show that the facts asserted are more likely to be true than not.117 In terms of findings on violation of constitutional principle, the public interest standard is also applicable, which subjugates public good over personal interest on a case by case basis. Generally, the claimant must prove unless the burden of proof is shifted.

In the case KM v. Attorney General, where a child was suing through his mother, the respondents argued that the petitioners did not prove within the required standards. The court held that the petitioners “did not just demonstrate that their rights under the stated articles were likely to or were threatened to be violated. They proved the actual violation which was to their personal life, the environment (soil and dust) where they stayed and the water (sanitation) which they consumed. None of the Respondents who participated in these proceedings gave any reports to contradict the scientific reports produced on record.”118


E. What limitation periods apply in environmental cases?

The limitation periods for different litigation claims in Kenya are given in the Limitation of Actions Act (the “Limitations Act”), and these periods vary according to the different types of claims.119 However, the Limitations Act does not provide for any explicit provisions that govern environmental cases. If the environmental case falls under a tort claim, then “the claim may not be brought after the end of three years from the date on which the cause of action accrued.”120 If the environmental case falls under a breach of contract claim, then the claim would have a six-year limitation period.121 There is no explicit provision within the Limitations Act that explains when a cause of action begins accruing for environmental cases.


F. Is legal aid available in environmental cases? If so, under what circumstances?

According to Article 48 of the Constitution, the government has the responsibility of ensuring access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice.122 Moreover, Article 27(1) of the Constitution reads that “[e]very person is equal before the law and has the right to equal protection and equal benefit of the law”.123

The majority of pro bono legal services are provided by non-governmental organisations, located mainly in the large cities. Criteria to be eligible to receive NGO pro bono legal services vary by NGO.

The National Legal assistance and Awareness Policy (NLAAP), an overarching policy, was created by the Kenyan government through the National Legal Aid and Awareness Programme (NALEAP) to address concerns related to legal aid and access to justice.124 The policy emphasises the need to ensure the right to legal aid as a constitutional right, recognises disparities in provision of legal aid and provides relevant policy directions and ensures multisectoral approach to addressing poor provision of legal aid in the country.125 It is unclear whether this policy covers environmental cases as well. Furthermore, the Legal Aid Act of 2016 made provisions for legal aid and its funding, and established the National Legal Aid Service as a body to provide legal services to the indigent in line with the Constitution.126

Litigation in Kenya is typically expensive, with court filing fees being a significant barrier to accessing justice in the ELC, contributing to its low caseload.127 Although environmental litigants can invoke public interest litigation, they are still required to pay these filing fees.128 In contrast, in the National Environmental Tribunal (NET), due to the public interest nature of most environmental cases, there is no requirement to pay filing fees.129 The Constitution’s Articles 20 (relating to ensuring constitutional rights are protected even where resources are limited) and 22 (relating to the importance of enforcing constitutional rights), read conjunctively, might also allow for the waiver of court filing fees for environmental law actions, which litigants pursue for the common benefit of society.130

 
 

III. Remedies

A. What remedies are courts empowered to impose in environmental cases?

Generally, citizens can access three judicial institutions for environmental rights remedies: NET, ELC and the High Court Constitutional Division or Judicial Review Division.

Article 162(b)(2) of the Constitution provides that the Kenyan Parliament shall establish courts, with the status of High Court, to hear disputes related to “the environment and us and occupation of, and title to, land.”131 The Kenyan Parliament is constitutionally obligated to enact legislation to give full effect to the protection of environmental rights.132 The Environmental and Land Court Act of 2011 (the “ELCA”) gives effect to Article 162(2)(b).133 More specifically, Article 13(2) of the ELCA empowers the ELC (described above) to exert jurisdiction to hear and determine disputes:134

(a) relating to environmental planning and protection, climate issues, land use planning, title, tenure, boundaries, rates, rents, valuations, mining, minerals and other natural resources;
(b) relating to compulsory acquisition of land;
(c) relating to land administration and management;
(d) relating to public, private and community land and contracts, choses in action or other instruments granting any enforceable interests in land; and
(e) any other dispute relating to the environment and land.

In accordance with Article 70 of the Constitution, the ELC may also hear cases to stop or prevent any act or omission that is detrimental to the environment, to compel any public officer to take action to prevent any act or omission that is harmful to the environment, and can provide compensation in the form of damages to claimants who successfully allege that their right to a clean and healthy environment have been violated.135 The ELC is also empowered to hear cases under any other applicable Kenyan law that relates to the environment and land.136

To effectively exercise its jurisdiction, the ELC is empowered to make any order and to grant relief as it deems appropriate, including “(a) interim or permanent preservation orders including injunctions; (b) prerogative orders; (c) award of damages; (d) compensation; (e) specific performance; (g) restitution; (h) declaration; or (i) costs.”137

The ELC has asserted that the public’s participation is key in preserving the environment.138 Furthermore, the ELC has heard arguments brought by guardians on behalf of children.139


B. What remedies have courts ordered in environmental cases to date?

The ELC has held that "where a procedure for the protection of the environment is provided by law and is not followed, then an assumption ought to be drawn that the project is one that violates the right to a clean and healthy environment, or at the very least, is one that has potential to harm the environment."140 It has therefore ordered a variety of remedies, including ordering parties violating land-use licenses to vacate illegally occupied land,141 issuing injunctions against potentially harmful activities,142 and holding the government accountable for causing harm to the environment in a way that violated a person’s constitutional right to life free from detrimental harm to physical and socioeconomic well-being.143 Moreover, the ELC has found that when a project is without the proper management tools in place to mitigate the environmental harms that can result from the project, there is a threat of irreparable loss to the environment.144 The ELC has therefore held that the violating party must mitigate the harm, or otherwise rectify the damage, it caused to the environment.145

Where an Environmental Impact Assessment is not thorough or properly conducted before a potentially harmful activity commences, or where a respondent does not fully comport with the EMCA and other relevant environmental statutes, then the respondent’s license to utilise the land is subject to cancellation.146 Though a respondent may renew its application, it must do so with the intention to honor the environmental rights of others.147 This signals the ELC’s recognition that offending parties could repeatedly apply for licenses without changing their practice, harming the environment in the process. Thus, by placing heightened scrutiny on respondents’ activities upon renewal, the ELC aims to prevent repeat harmful practices.

If the respondent does not comport with the guidelines set out by the ELC to mitigate environmental concerns, the respondent may be obligated to restore the site to the state it was in before the project commenced.148 Even if respondents are not ordered to cease the allegedly harmful activity, the ELC maintains that they are continuously obligated to engage with the local community and provide reasonable opportunities for individuals to participate in the drafting of the Environmental Impact Assessment.149

However, a finding that an activity can or does cause an irreparable loss to the environment cannot necessarily be monetised into an award of damages for a claimant.150 Likewise, the ELC cannot order damages for the alleged violation of environmental rights without tangible evidence to substantiate the allegations (e.g., the results of an environmental study).151

In 2020, a Land and Environment Court in Mombasa held that the community’s rights to a healthy environment, highest attainable standard of health, clean and safe water, and life had been contravened, and ordered the Kenyan government and two companies to pay compensation.152 The settlement won the equivalent of USD$13 million in compensation for damage to the environment and health of a community severely affected by deadly lead poisoning.153 The court also directed the Government and companies to clean up the soil, water, and waste.154 If they failed to do so, an additional USD$7 million would be granted to the Centre for Justice, Governance and Environmental Action (CJGEA) to oversee the environmental clean-up.155


C. Are there any administrative authorities empowered to act on environmental complaints and if so, how are they empowered to respond to complaints?

The EMCA has created a robust environmental regulatory framework composed of several entities.

The NEMC, discussed above, is composed of both governmental representatives and private individuals with expertise in the environmental field.156 The NEMC is responsible for policy direction and formulation, setting national goals and policy objectives for environmental protection, and promoting cooperation amongst public departments, NGOs, and other organizations that work to protect the environment, and perform other functions as prescribed by the EMCA.157

The NEMA, which was also established by the EMCA, has the power to coordinate the various environmental management activities overseen by the corresponding government agencies.158 The EMCA gives the NEMA extensive environmental management responsibilities, including keeping stock of Kenyan environmental reserves and resources, conducting surveys to promote proper conservation of the environment, overseeing and coordinating the financial and human resources needed for environmental management, and monitoring the lead agencies’ activities.159 The NEMA is tasked with creating a registry compiling information on the activities and industrial plants which are most likely to have detrimental impacts on the environment.160 The NEMA may delegate any lead government agencies to perform any of its functions outlined in the EMCA if it provides reasonable notice of its intention to do so.161 The NEMA has the power to issue bonds as a way to secure good environmental practices and may confiscate a deposit bond or revoke a license after providing an adequate avenue for the recipient to be heard if the recipient engages in poor environmental practices.162 The recipient may challenge the decision to revoke the deposit bond before an appropriate court of law.163

The NEMA may issue an environmental restoration order to any person.164 An environmental restoration order may require the recipient to restore the environment to its condition before the damaging activity, award compensation to individuals from the person or entity that engaged in behavior that violated someone’s environmental rights, or levy a fee from the violating party in an amount reasonably expected to cover the costs of environmental restoration.165 The environmental restoration order may impose extensive requirements for redress on the violating party, if justified by the severity of the environmental harm caused.166

The NEMA is also authorized to issue environmental easements and conservation orders for the purpose of conserving and enhancing the environment.167

The EMCA establishes a subcommittee known as the Public Complaints Committee (“PCC”) that has the power to investigate any allegations or complaints against any person, or against the NEMA itself, that express concerns regarding the condition of the environment.168 A person that is uncooperative with the PCC commits an offense and may be subject to paying a fine of no more than fifty-thousand shillings.169

The EMCA further establishes the National Environment Action Plan Committee, within the NEMA, composed of various governmental and private-sector individuals with expertise in the environment.170 That committee produces a national environmental action plan every five years, outlining key environmental initiatives for the government and private citizens.171 The plan includes recommendations for the appropriate legal and fiscal incentives for businesses to promote healthy environmental practices.172 Upon its adoption by the National Assembly, the relevant action plan is binding on all persons, governmental agencies, and corporations.173

Sectoral laws, such as the ones regulating water, forests and wildlife, have their own administrative structures for redress, whose final instance is usually the minister in charge of the respective sector.

 
 

IV. Civil and political rights

Freedom of peaceful assembly

A. How is children’s right to engage in peaceful assembly, including protests, protected in national law?

The Constitution provides in Article 37 that every person has the right to freedom of assembly, demonstration, picketing, and petition.174 Under this provision, all individuals have the right to assemble peacefully, and every person has the right to present petitions to public authorities.175

This is also replicated in section 28 of the Children Act 2022.176 Moreover, Article 55 of the Constitution mandates the state to ensure youth have opportunities for political, social, and cultural engagement.177

The Constitution provides that every person enjoys the rights and freedoms as prescribed in Chapter 4 (the Bill of Rights).178 Part III of Chapter 4 provides for the specific application of constitutional rights to specific groups that are given special protection.179 The specific rights of children and youth fall under this section, in Articles 53 and 54, respectively.180 Part III provides that no Article within it limits or qualifies any constitutional right.181

Article 2(6) of the Constitution provides that “any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.”182 To give effect to this provision of the Constitution, the Kenyan Parliament enacted the Treaty Making and Ratification Act.183 The Treaty Making and Ratification Act establishes the procedure for the ratification and implementation of treaties into Kenyan law.184 Kenya has ratified and, therefore, has domestic legal obligations under the following treaties relevant to this report: the Universal Declaration of Human Rights (the “UDHR”), the International Convention of Civil and Political Rights (the “ICCPR”), the Convention on the Rights of the Child (the “CRC”), the African Charter on Human and Peoples’ Rights (the “African Human Rights Charter”), and the African Charter on the Rights and Welfare of the Child (the “African Child Charter”).185

Article 15 of the CRC states that States Parties shall respect a child’s right to assemble peacefully.186 Article 8 of the African Child Charter provides that every child has the right to freedom of peaceful assembly.187 Article 20(1) of the UDHR additionally provides a safeguard for the right to freedom of assembly, stating that everyone has the right to assemble peacefully.188 The ICCPR also protects the right to peaceful assembly and has a possible restrictions clause that mirrors that of the CRC.189 Article 11 of the African Human Rights Charter expressly reserves the right to assemble freely with others for all persons, subject to only restrictions provided for by law.190

B. Are there any legal limitations on the right of children to engage in peaceful assemblies?

As noted above, Article 24 of the Constitution provides limitations to the protections in the Bill of Rights. Moreover, Article 28 of the Children Act 2022 states that “this right shall be exercised in accordance with the national values and principles of governance prescribed in Article 10(2) of the Constitution” and is “subject to the rights of others”.191

Article 15(2) of the CRC similarly provides this right cannot be limited other than for reasons in conformity with the law, promoting democracy, preserving national security interests and public safety, maintaining public order, or unless doing so protects public health, morals, or the protection of the fundamental rights of others.192

In 2016, the United Nations Committee on the Rights of the Child found that children’s freedom of expression, association, and peaceful assembly were not actually respected in practice in Kenya.193 The Committee observed that these freedoms were hindered, such that children could not engage in cultural activities that express political or social views, and that children’s right to engage in demonstrations was not respected consistently.194 For example, the #OccupyPlayGround movement arose when students, along with parents and alumni, were tear gassed after gathering to peacefully protest a developer’s attempts to seize the playground at the Langata Road Primary School.195 Although the Kenyan government condemned the actions of the developer and the police force, activists were skeptical that developers and the police would actually honour the peaceful right to protest.196 The Committee on the Rights of the Child recommended that the Kenyan government take all measures necessary to guarantee children’s right to freedom of assembly as provided by the CRC and the Constitution.197

C. What penalties can be imposed on children for engaging in school strikes?

There are no formal penalties imposed on children for engaging in school strikes.

Historically, lack of effective communication between students and their school administrations has resulted in instances of violence and unrest.198 Repeated alienation and humiliation of students on a personal and group level has also led some students to resort to violence as a means of expression.199 A child under eight years old is not criminally liable for any act or omission.200 However, a person over the age of twelve is not afforded that protection unless it is proved that at the time of the alleged crime they did not have the capacity to know that they should not commit the act or omission.201 Therefore, it appears that children above the age of twelve could face criminal responsibility for engaging in violent school strikes.

Strikes in Kenyan secondary schools have been particularly violent in recent years.202 The Ministry of Education has consistently responded to reports of violent school strikes with condemnation and statements conveying that violent destruction of life and property will not be tolerated.203 The National Education Sector Strategic Plan 2023-2027 affirms that “student unrest and strikes result in loss of property and learning opportunities”.204 In 1978, the president of Kenya made student and worker strikes illegal.205 Article 37 of the Constitution specifically protects the right to assemble and demonstrate peacefully and nonviolently,206 while Article 33, which protects the freedom of expression, specifically notes that the right to freedom of expression does not extend to inciting violence.207 Therefore, the students engaging in violent school strikes are not constitutionally protected. Schools have responded to violent school strikes by expelling students.208 However, Kenyan courts have ordered schools to reinstate offenders.209 Any limitation to the constitutional right to demonstrate peacefully must have a justification that does not run contrary to the ideals of democracy.210


Freedom of expression

A. How is children’s right to freedom of expression protected in national law? Are there any protections within the national constitution, legislation or developed through case law?

Article 33 of the Constitution provides that every person has the right to freedom of expression, including freedom to seek, receive, or impart information or ideas, freedom of artistic creativity, and academic freedom and freedom of scientific research.211 This is replicated in section 28 of the Children Act.212 Moreover, Article 55 of the Constitution mandates the state to ensure youth have opportunities for political, social, and cultural engagement.213

Articles 12 and 13 of the CRC provide that States Parties shall respect a child’s right to freedom of expression, including the child’s right to seek out and impart information of all kinds “regardless of frontiers,” and through any means or medium the child chooses.214 Article 7 of the African Child Charter provides that, “every child who is capable of communicating his or her own views shall be assured the right to express his opinions freely in all matters and to disseminate his opinions subject to such restrictions as are prescribed by laws.”215 Article 9 of the African Human Rights Charter also expressly reserves the right to express and disseminate opinions within the law for all persons.216 Moreover, both the UDHR and the ICCPR provide the right to freedom of expression.217

B. Are there any legal limits or restrictions on the right to freedom of expression that specifically apply to children?

As noted above, Article 24 of the Constitution provides limitations to the protections in the Bill of Rights.218 Article 28, as explained above, also provides limitations to children’s freedom of expression.219 Article 13(2) of the CRC also provides that a child’s right to exercise its freedom of expression may be legally restricted if necessary, in order to respect the reputations of others or to preserve national security interests, public health and safety, or public morals.220

As also mentioned above, the United Nations Committee on the Rights of the Child found that children’s freedom of expression, association, and peaceful assembly were not actually respected in practice, hindering Kenyan children from engaging in activities in which they can express their social and political views, and hampering their participation in demonstrations.221 The Committee recommended that Kenya take all possible measures to guarantee children’s right to freedom of expression as provided by the CRC and the Kenyan Constitution.222 As an example, in 2025, police officers violently disrupted Butere Girls High School students' performance of Echoes of War, which took place in the framework of the National School and Drama Festival, and featured battles with the police drawing parallels with 2024 protests by young people against tax rises.223 Journalists covering the play were assaulted, the entrance to the performance hall was blocked, and tear gas was used indiscriminately.224


Freedom of association

A. How is children’s right to freedom of association protected in national law? Are there any protections within the national constitution, legislation or developed through case law?

Article 36 of the Constitution provides that every person has the right to freedom of association, including the right to form, join, or participate in any association’s activities, freedom from compulsion to join an association of any kind, and protections surrounding withholding, withdrawal, or cancellation of registration in an association.225 These constitutional rights remain protected even in instances where an association clashes with Kenyan sociocultural norms.226

Article 15(1) of the CRC requires that state parties recognize children’s right to freedom of association.227 The African Child Charter also provides for the freedom of association,228 as does the African Human Rights Charter.229 The ICCPR likewise requires freedom of association for every individual,230 while the UDHR also safeguards the right to freedom of association.231

With respect to NGO association, the Public Benefit Organisation Act of 2013 (the “PBO Act”) provides clear registration requirements and guidelines for the registration of public benefit organizations (“PBOs”).232 Though the PBO Act was passed by the Kenyan Parliament in 2012 and approved by the President in 2013, it came into force in May 2024.233 The PBO Act intends to set out a new regulatory framework to promote organizations that serve the public’s interests.234 The PBO Act ensures that the balance between effective regulation and actual workability of the PBOs is respected and it would impose an obligation on the government to respect the constitutional freedom of association and assembly, providing a setting in which PBOs can operate effectively.235 Without this layer of protection, it is difficult for PBOs to have the reach and influence they need to be effective in Kenya.

B. Are there any legal limits or restrictions on the right to association that specifically apply to children?

As noted above, Article 24 of the Constitution provides limitations to the protections in the Bill of Rights. Article 15(2) of the CRC also provides that a child’s right to exercise its freedom of association may be legally restricted if necessary in order to respect the reputations of others or to preserve national security interests, public health and safety, or public morals.236

As also mentioned above, the United Nations Committee on the Rights of the Child found that children’s freedom of expression, association, and peaceful assembly were not actually respected in practice, hindering Kenyan children from engaging in activities in which they can express their social and political views, and hampering their participation in demonstrations.237 The Committee recommended that Kenya take all possible measures to guarantee children’s right to freedom of association as provided by the CRC and the Kenyan Constitution.238


Access to information

A. How is children’s right to access information protected in national law? Are there any protections within the national constitution, legislation or developed through case law?

Article 35 of the Constitution provides that every citizen has the right to access information that is either held by the state or when the information held by another individual is required for the assertion or promotion of any fundamental right that is constitutionally protected.239 Under Article 35, every person maintains the right to the correction or erasure of misleading or false information that affects that person.240 The Kenyan government is constitutionally required to publish, and make publicly known, any information that affects the nation and its citizens.241 Additionally, under Article 53 children are constitutionally entitled to free and compulsory education.242 Under Article 55 the government must moreover provide programs that ensure that youth have access to education and vocational training.243 The High Court has held that a claimant cannot successfully claim a violation of an Article 35 right to information unless they have requested the information and it has been denied.244

The Access to Information Act of 2016 (the “Information Act”) reaffirms the rights provided in Article 35.245 The Information Act provides that every citizen has the right to access information held by the state or by a private individual where that private information is required to exercise or protect any constitutional right or freedom.246 Citizens retain the right to access information regardless of their motivations for doing so or the public entity’s belief as to what the inquiring person’s motivations are.247 The access to the particular information requested must be granted quickly and at a reasonable cost.248 And the dispersal of information must be done with the particular costs, effective channels and methods of communication, and the local language in mind.249

The Information Act dictates that the requested information shall be made available to the inquirer to inspect free of charge if appropriate, by supplying the individual with a copy of the document containing the information at a reasonable cost, or on the internet for materials that are digitized.250 Even if the inquirer is inhibited by disability or illiteracy, the information officer must take the steps necessary to deliver the information in an accessible way.251 When the decision to provide access to the desired information is made, the access officer shall send the following information to the applicant within fifteen business days:252

(a) that the application has been granted;
(b) that the information will be contained in an edited copy, where applicable;
(c) the details of any fees or further fees to be paid for access, together with the calculations made to arrive at the amount of the fee;
(d) the method of payment of such fees, if any;
(e) the proposed process of accessing the information once the payment if any is made; and
(f) that an appeal may be made to the Commission in respect of the amount of fees required or the form of access proposed to be provided.

An applicant may request a review of an information officer’s decision to refuse the granting of information, to grant access only to edited information, to implement a fee, to defer access to the information, to grant access to the information only to a specific individual, a decision that purports to allow access to the information but in reality does not allow the inquirer to access the information, or a decision refusing to update or correct inaccurate information.253

The Information Act provides additional safeguards for individuals seeking environmental information, including the right of the public to remain adequately informed of the existence of any dangers to health, safety, or the environment.254

Article 13(1) of the CRC safeguards a child’s right to receive and impart information freely, regardless of the subject matter or medium of transmission.255 The ICCPR broadly protects the right to receive and impart information and ideas of any kind,256 while the UDHR similarly provides a safeguard for the right to access information.257 Article 9 of the African Human Rights Charter expressly reserves the right to receive information for all persons.258 The African Child Charter also mandates primary education for every child, designed to foster intellect and a respect for human rights, and includes development of respect for the environment and natural resources on the extensive checklist for appropriate curriculum development.259 Moreover, Kenya’s Children Act 2022 provides that all children are entitled to “free and compulsory basic education”.260

Kenya’s National Action Plan for 2018-2020 created, in tandem with multilateral initiative Open Government Partnership, prioritises the right to access information by strengthening records management and channels to access information.261 By improving outdated retrieval and storage methods, the Kenyan government seeks to increase the efficiency and ease of providing its citizens with reliable information concerning governmental decisions.262

Moreover, in partnership with UNICEF and Childline, Kenya established a child hotline utilized by both children and adults to seek information and advice on a multitude of issues.263 This source provides a direct interface with vulnerable children and provides critical aid by providing information and ensuring that children are heard.264 The initiative is strengthened by referrals to appropriate agencies and resources, effective case-management, and continuous engagement with the juvenile justice system.265 Additionally, the Internet of Good Things in Kenya, launched in 2019, provides critical information to youths and other citizens free of charge, including on climate change.266

B. Are there any legal limits or restrictions on the right to access information that apply specifically to children?

As noted above, Article 24 of the Constitution provides limitations to the protections in the Bill of Rights. According to the Children Act 2022, information provided to children must not be emotionally traumatic and must be age appropriate.267 The CRC similarly affirms in Article 13(2) that the exercise of a child’s right to access information may be restricted by law if necessary to preserve the rights or reputations of others or to protect public safety, order, morality, or national security.268

The Information Act of 2016 further affirms the limitations in Article 24.269 It provides a list of factors that may justify limiting access to information, including information whose disclosure is likely to:270

(a) undermine the national security of Kenya;
(b) impede the due process of law;
(c) endanger the safety, health or life of any person;
(d) involve the unwarranted invasion of the privacy of an individual, other than the applicant or the person on whose behalf an application has, with proper authority, been made;
(e) substantially prejudice the commercial interests, including intellectual property rights, of that entity or third party from whom information was obtained;
(f) cause substantial harm to the ability of the Government to manage the economy of Kenya;
(g) significantly undermine a public or private entity's ability to give adequate and judicious consideration to a matter concerning which no final decision has been taken and which remains the subject of active consideration;
(h) damage a public entity's position in any actual or contemplated legal proceedings; or
(i) infringe professional confidentiality as recognized in law or by the rules of a registered association of a profession.

However, subsections (d) and (e) do not apply if the requested information relates to an environmental safety concern or inquires for the results of an environmental test.271 Placing environmental concerns over the privacy of corporations and private citizens exemplifies how important the dissemination of information on the environment was in Parliament’s mind when drafting the Information Act.

C. Does the national curriculum for schools include environmental education?

Kenya’s Basic Education Act mandates the Minister of Education to promote environmental protection education for sustainable development.272 The National Environment Management Authority (NEMA) in Kenya led the creation and execution of a National Education for Sustainable Development (ESD) policy.273 Additionally, the Office of the President requires public institutions to integrate environmental education and awareness (EE&A) into their operations. Environmental education professionals in Kenya are also involved in the Environmental Education Association of Southern Africa (EEASA).274

The National Education Sector Strategic Plan for 2023-2027 outlines the Ministry of Education’s goals for compulsory and vocational, technical training in Kenya’s school system.275 The Plan acknowledges that the attainment of the Sustainable Development Goals (SDGs) requires “mutually reinforcing and synchronized efforts in all the dimensions (environmental, social and economic)” and recognises that “education is a key enabler for sustainable development and a means for attaining the SDGs targets”.276 It also references the Kenya Vision 2030 adopted in 2008, which “aims to transform Kenya into a newly industrializing, middle-income country providing a high quality of life to all its citizens by 2030 in a clean and secure environment”.277

Climate change, environmental degradation, and resource depletion are considered a cross-cutting issue that “underscore[s] the need for sustainability education that equips learners with the knowledge, skills and values to contribute to a more sustainable future. By instilling a sense of environmental responsibility and promoting sustainable practices, educational institutions play a vital role in fostering environmental consciousness and driving positive societal change.”278 Therefore, in its strategic goals, the Ministry of Education includes the need to mainstream this issue. By institutionalising climate action, the Ministry of Education aims at implementing interventions that enable a learner to acquire the knowledge, skills, attitudes, and values necessary to shape a sustainable future considering the social, economic, and environmental domains of development. The climate change crisis will be addressed within the broader Education for Sustainable Development (ESD) framework and will entail interventions such as greening, sustainable waste management, recycling and carbon reduction.”279

Plans to mainstream cross cutting, pertinent and contemporary issues in Education, Training and Research, the Ministry of Education include developing and rolling out short courses in renewable energy, blue, green and circular skills; establishing green production centers in Technical Vocational Education and Training (TVET) institutions; establishing waste recycling plants in TVET; and integrating environmental management training across all TVET programmes.280

***

End notes

1 Constitution of the Republic of Kenya, available at https://www.constituteproject.org/constitution/Kenya_2010.pdf?lang=en; Joel Bosek, Implementing environmental rights in Kenya's new constitutional order: Prospects and potential challenges, 2 African Human Rights Law Journal (2014), available at http://www.saflii.org/za/journals/AHRLJ/2014/25.pdf.

2 Id. at 494.

3 Id.

4 Id.

5 Constitution, Art. 69.

6 Id., Art. 42.

7 Id., Art. 70.

8 Id., Art. 42(a).

9 Angela Mwenda and Thomas N. Kibutu, ‘Implications of the New Constitution on Environmental Management in Kenya’, 8/1 Law, Environment and Developmental Journal (2012), p.76, available at http://www.lead-journal.org/content/12076.pdf.

10 Constitution, Art. 69(1).

11 Id., Art. 260.

12 Bosek, supra note 2, at 495.

13 Constitution, Art. 69(2).

14 Id., Art. 70.

15 Id., Art. 70(1).

16 Id., Art. 70(2).

17 Id., Art. 70(3).

18 Id., Art. 20(3)(b).

19 Id., Art. 24(1)(a)-(e) (“1. A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including (a) the nature of the right or fundamental freedom; (b) the importance of the purpose of the limitation; (c) the nature and extent of the limitation; (d) the need to ensure that the enjoyment of rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others; and (e) the relation between the limitation and its purpose and whether there are less restrictive means to achieve the purpose”).

20 Constitution, Arts. 24(2)-(3).

21 See Save Lamu & 5 others v National Environmental Management Authority (NEMA) & another [2019] eKLR at 155. available at http://kenyalaw.org/caselaw/cases/view/176697/.

22 Id. at 21.

23 Id. at 135-39.

24 See Save Lamu, supra note 23, at 151.

25 Id.

26 Id. at 138.

27 Adrian Kamotho Njenga v. Council of Governors & 3 Others [2020] eKLR, at 1, available at http://kenyalaw.org/caselaw/cases/view/188301/.

28 Id. at 3.

29 Supra note 1, Art. 43(1)(b).

30 See Adrian Kamatho Njenga, supra note 27, at 42.

31 Iten ELC Petition No. 007 of 2022, https://climatecasechart.com/non-us-case/iten-elc-petition-no-007-of-2022-legal-advice-centre-t-a-kituo-cha-sheria-anor-v-attorney-general-and-7-others/.

32 See Jotham Simiyu Wasike & another v. Jackson Ongeri & 4 others [2013] eKLR at 21, available at http://kenyalaw.org/caselaw/cases/view/86244.

33 Kariuki Muiga, and Kariuki Francis, Sustainable Development and Equity In the Kenyan Context, 4.0 Intergenerational and Intergenerational Equity in the Kenyan Context, available at https://kenyalaw.org/kl/index.php?id=1906.

34 Id.

35 Mr. Peter K Waweru v. Republic of Kenya [2006] eKLR, available at https://www.globalhealthrights.org/wp-content/uploads/2013/02/HC-2004-Peter-Waweru-v.-Republic-of-Kenya.pdf.

36 Id. at 48.

37 Id.

38 Rodgers Muema Nzioka v. Tiomin Kenya Ltd [2001] eKLR, at 4, available at http://kenyalaw.org/caselaw/cases/view/1357/.

39 Id. at 8.

40 Id. at 9.

41 (Environment & Land Petition 26 of 2021) [2023] KEELC 15930 (KLR) (22 February 2023) (Judgment), https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/15930/eng@2023-02-22.

42 Ibid.

43 Ibid.

44 Ibid.

45 Ibid.

46 Ibid.

47 Environmental Management and Co-ordination Act (1999) National Council For Law Reporting With The Authority Of The Attorney-General, Ch. 387, Part III, available at https://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/EnvironmentalManagementandCo-ordinationAct_No8of1999.pdf; see also Environmental Management and Coordination (Amendment) Act, Kenya Gazette Supplement No. 74 (Special Issue), Republic of Kenya (2015), available at http://www.nema.go.ke/images/Docs/Legislation%20and%20Policies/EMCA%20Act%202015.pdf.

48 The full text of the EMCA and NEMA duties are available at https://www.nema.go.ke/index.php?option=com_content&view=article&id=24&Itemid=163.

49 EMCA 1999, s 3 and 3(5).

50 Supra note 48.

51 Ibid.

52 Benjamin Barczewski, How Well do Environmental Regulations Work in Kenya?, University of Nairobi Department of Geography & Environmental Studies, June 2013, available at https://csud.climate.columbia.edu/sites/csud.climate.columbia.edu/files/content/documents/How-Well-Do-Environmental-Regulations-Work-in-Kenya.pdf.

53 Legislation text available at http://kenyalaw.org/kl/. These laws include the Water Act of 1952, Water Act of 2016, National Drought Management Authority Act of 2016, Natural Resources Act of 2016, Forest Conservation and Management Act of 2016, Wildlife Conservation and Management Act Bill of 2013, Kenya Water Institute Act of 2001, Environmental Management and Co-ordination Act of 1999, Environment and Land Court Act of 2011, Land Disputes Tribunal Act of 1990, Scrap Metal Act of 2015, and the Community Land Act of 2016.

54 Benjamin Barczewski, How Well do Environmental Regulations Work in Kenya?, University of Nairobi Department of Geography & Environmental Studies, June 2013, available at https://csud.climate.columbia.edu/sites/csud.climate.columbia.edu/files/content/documents/How-Well-Do-Environmental-Regulations-Work-in-Kenya.pdf.

55 Id.

56 The National Adaptation Plan is available in full at https://www4.unfccc.int/sites/NAPC/Documents%20NAP/Kenya_NAP_Final.pdf.

57 Id.

58 Id.

59 https://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ClimateChangeActNo11of2016.pdf.

60 ICLG (2024). Environmental, Social and Governance Law Kenya 2024, available at: https://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ClimateChangeActNo11of2016.pdf.

61 Climate Change Act 2016, https://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ClimateChangeActNo11of2016.pdf.

62 Wildlife Conservation and Management Act, Cap. 376, https://new.kenyalaw.org/akn/ke/act/2013/47/eng@2022-12-31; Forest Conservation and Management Act, https://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ForestConservationandManagementActNo34of2016.pdf.

63 https://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ClimateChangeActNo11of2016.pdf.

64 Reality Check Team, Has Kenya’s Plastic Bag Ban Worked?, BBC News, 28 August 2019, available at https://www.bbc.com/news/world-africa-49421885.

65 Pauline Kairu, Solar e-waste: What is Kenya’s recycling, disposal strategy?, 22 October 2019, available at https://www.nation.co.ke/kenya/life-and-style/dn2/solar-e-waste-what-is-kenya-s-recycling-disposal-strategy--215636.

66 https://www.nema.go.ke/images/Docs/Regulations/Kenya_Chemicals_Policy_Draft-Jan-2022.pdf.

67 Ibid.

68 https://www.nema.go.ke/index.php?option=com_content&view=article&id=267&Itemid=417.

69 Part II — Clasification Based on Health Hazards, https://www.nema.go.ke/index.php?option=com_content&view=article&id=420&Itemid=584.

70 Part II — Clasification Based on Health Hazards.

71 KM & 9 others v Attorney General & 7 others [2020] eKLR, at 32, available at http://kenyalaw.org/caselaw/cases/view/198619/.

72 Id.

73 (Cap. 387), available here.


74 Supra note 66.


75 The first public proposal is a grant from the Global Environment Facility to develop a Pollutant Release and Transfer register, available at https://greenhealthcarewaste.org/wp-content/uploads/2020/12/Kenya-UNDP-GEF-UPOPs-project-2018-Annual-Progress-Report.pdf. The second public proposal is done through the United Nations Development Programme, available at https://www.undp.org/content/dam/kenya/docs/Procurement/2019/RFQ%20Sound%20Chemicals.pdf [accessed October 2023].


76 UNICEF, GeoSight Kenya CCDRM Sub-National Dashboard, https://geosight.unicef.org/project/kenya-ccri-drm-dashboard.

77 Ibid.

78 Ibid.

79 Ibid.

80 Kariuki Muigua, Fostering the Principles of Natural Resources Management in Kenya, University of Nairobi (2019), available at http://kmco.co.ke/wp-content/uploads/2019/01/Fostering-the-Principles-of-Natural-Resources-Management-in-Kenya-Kariuki-Muigua-9th-january-2019.pdf.


81 Id.

82 (ELC Suit No. 825 of 2012), available here.


83 Ibid.

84 A guide to filing a complaint in Kenyan courts is available at: https://www.judiciary.go.ke/how-to-2/ [accessed October 2023].

85 Id.

86 The Civil Procedure Act of 2010, with Civil Procedure Rules, available at http://kenyalaw.org/kl/fileadmin/pdfdownloads/151-CIVIL_PROCEDURE_RULES__2010.pdf.

87 Supra note 2.


88 Supra note 1, Art. 70(2).

89 Supra note 1, Art. 70(3); Bosek, supra note 2, at 500.

90 Id., Art. 70(3).

91 Id., Art. 22(2).

92 Hon. Justice Oscar Amugo Angote, Environmental Litigation in Kenya: A Call for Reforms (2019) Journalofcmsd 3(1), https://journalofcmsd.net/wp-content/uploads/2019/06/Justice-Oscar-Amugo-Angote-Environment-Litigation-and-A-Call-for-Reforms-10th-june-2019.pdf.

93 YK, Brian Sang. "Tending Towards Greater Eco-Protection in Kenya: Public Interest Environmental Litigation and Its Prospects Within the New Constitutional Order." Journal of African Law 57, no. 1 (2013): 29-56, available at www.jstor.org/stable/24734853.

94 Id.

95 [1989] EKLR (11 December), https://kenyalaw.org/caselaw/cases/view/53011/.

96 Ibid.

97 Ibid.

98 Ibid.

99 Ibid.

100 (1996) 1KLR (E&L), https://kenyalaw.org/caselaw/cases/view/53123.

101 Section 3(3) and Joseph Leboo & 2 others v Director Kenya Forest Services & Another ELC Case No 273 of 2013 (ELA at Eldoret) [2013] eKLR [28], as cited in https://cclr.lexxion.eu/data/article/17397/pdf/cclr_2021_02-009.pdf.


102 Constitution, Art. 22(2).

103 Bosek, supra note 2, at 501.

104 Ibid.

105 (Environment & Land Petition 26 of 2021) [2023] KEELC 15930 (KLR) (22 February 2023) (Judgment), https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/15930/eng@2023-02-22.

106 Constitution, Art. 70.

107 Id., Art. 22(2).

108 Order 32 of the Kenyan Civil Procedure Rules, available at http://kenyalaw.org/kl/fileadmin/pdfdownloads/151-CIVIL_PROCEDURE_RULES__2010.pdf.

109 KM & 9 others v Attorney General & 7 others [2020] eKLR, at 1, available at http://kenyalaw.org/caselaw/cases/view/198619/.

110 Elijah Ole Kool v George Ikonya Thuo Civil case 1299 of 1998 (High Court at Nairobi) [2001] eKLR 3 as cited in https://cclr.lexxion.eu/data/article/17397/pdf/cclr_2021_02-009.pdf.

111 Revised Edition 2012 [2010], https://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/EvidenceAct_Cap80.pdf.


112 Constitution, Art. 70(3).


113 Supra note 47.


114 Lydia A. Omuko-Jung, The Evolving Locus Standi and Causation Requirements in Kenya: A Precautionary Turn for Climate Change Litigation?, 15 Carbon & Climate L. Rev. 171 (2021), https://cclr.lexxion.eu/data/article/17397/pdf/cclr_2021_02-009.pdf.

115 Adrian Kamotho Njenga v Council of Governors & 3 Others ELC Pet 37 of 2017 (ELC at Nairobi) [2020] eKLR, as cited in https://cclr.lexxion.eu/data/article/17397/pdf/cclr_2021_02-009.pdf.

116 Supra note 114.

117 Ibid.

118 [2020] eKLR at 134, http://kenyalaw.org/caselaw/cases/view/198619/.

119 A full list of claims and their respective limitation periods can be found in the Limitation of Actions list, available at https://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/LimitationofActionsAct_Cap22.pdf.

120 Id. at 7.


121 Id.

122 Constitution, supra note 1.

123 Ibid.

124 Kenyan Action Plan on Legal Aid of 2017, available at https://kecosce.org/national-action-plan-legal-aid-2017-2022-kenya/.

125 Kenyan Action Plan on Legal Aid of 2017, available at https://kecosce.org/national-action-plan-legal-aid-2017-2022-kenya/.

126 Id. at 11.

127 Hon. Justice Oscar Amugo Angote, Environmental Litigation in Kenya: A Call for Reforms (2019) Journalofcmsd 3(1), https://journalofcmsd.net/wp-content/uploads/2019/06/Justice-Oscar-Amugo-Angote-Environment-Litigation-and-A-Call-for-Reforms-10th-june-2019.pdf; Oscar Amugo Angote, The Role of the Environment and Land Court in Enforcing Environmental Law: A Critical Analysis of the Environmental Caseload, November 2018, available here [accessed October 2023].

128 Hon. Justice Oscar Amugo Angote, Environmental Litigation in Kenya: A Call for Reforms (2019) Journalofcmsd 3(1), https://journalofcmsd.net/wp-content/uploads/2019/06/Justice-Oscar-Amugo-Angote-Environment-Litigation-and-A-Call-for-Reforms-10th-june-2019.pdf.

129 Hon. Justice Oscar Amugo Angote, Environmental Litigation in Kenya: A Call for Reforms (2019) Journalofcmsd 3(1), https://journalofcmsd.net/wp-content/uploads/2019/06/Justice-Oscar-Amugo-Angote-Environment-Litigation-and-A-Call-for-Reforms-10th-june-2019.pdf.

130 Sang, supra note 93, at 29-56; Arts. 20, 22.

131 Constitution, Art. 162(b)(2).

132 Id., Art. 72.

133 Environmental and Land Court Act (2011) Ch. 12A, available at https://climate-laws.org/document/environment-and-land-court-act-cap-12a_5a2d.

134 Id., Art. 13(2)(a)-(e).

135 Constitution, Art. 70(2)(a)-(c).

136 Environmental and Land Court Act (2011), Art. 13(1).

137 Id., Art. 13(7)(a)-(i).

138 See John Kabukuru Kibicho & another v County Government of Nakuru & 2 others [2016] eKLR, at 55, available at http://kenyalaw.org/caselaw/cases/view/128276/.

139 See, e.g., Kelvin Kimilu (suing as guardian ad Litem of Children at Kisii Children Home) & 3 others v Joshua Abuga & 6 others [2019] eKLR, at 1, available at https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3447/eng@2019-05-13.

140 Ken Kasinga v Daniel Kiplagat Kirui & 5 others [2015] eKLR, at 73, available at http://kenyalaw.org/caselaw/cases/view/116339/.

141 See, e.g., Kelvin Kimilu v Joshua Abuga, supra note 139, at 68, available at http://kenyalaw.org/caselaw/cases/view/173651 (holding that defendants that act inconsistently with a license from a children’s home to use the land temporarily were required to vacate and that the children’s home was within its right to revoke the license of use).

142 See, e.g., Joseph Leboo & 2 others v Director Kenya Forest Services & another [2013] eKLR, at 53, available at http://kenyalaw.org/caselaw/cases/view/92434 (holding that the interest in preserving the environmental rights of individuals outweighs the desire of the saw millers to make a profit from harvesting trees).

143 See Charles Lekuyen Nabori & 9 others v Attorney General & 3 others [2008] eKLR, at 100, available at http://kenyalaw.org/caselaw/cases/view/51663 (holding that the Government of Kenya was accountable for rectifying the damage caused by an invasive weed it misled the public to believe that it would curb desertification and provide fodder and wood fuel by managing and/or eradicating the plant).

144 See Joseph Leboo v Director Kenya Forest Services, supra note 142, at 50, available at http://kenyalaw.org/caselaw/cases/view/92434 (holding that harvesting the forestland at issue would constitute an irreparable harm to the environment).

145 See id. at 52. (holding that the interest in preserving the environmental rights of individuals outweighs the desire of the saw millers to make a profit from harvesting trees).

146 See John Kabukuru Kibicho & another v County Government of Nakuru & 2 others [2016] eKLR, at 65, available at http://kenyalaw.org/caselaw/cases/view/128276/.

147 Id. at 66.

148 Id.

149 See Mui Coal Basin Local Community & 15 others v Permanent Secretary Ministry of Energy & 17 others [2015] eKLR, at 133, available at http://kenyalaw.org/caselaw/cases/view/117704.

150 See John Kabukuru Kibicho & another v County Government of Nakuru & 2 others [2016] eKLR, at 68, available at http://kenyalaw.org/caselaw/cases/view/128276/ (holding that although harvesting the trees at issue would constitute an irreparable harm to the environment, there was no way to monetize that harm into payable damages).

151 See Parkire Stephen Munkasio & 14 others (suing on their own behalf and behalf of their families and all the members of the maasai community living on land reference no.8396( i.r 11977) situated in kedong) v Kedong Ranch Limited & 8 others [2015] eKLR at 64, available at http://kenyalaw.org/caselaw/cases/view/113976/ (holding that the allegations of geothermal projects leading to pollution, fumes, dust, noise pollution, premature delivery, disease, and premature/stillborn deliveries for livestock, though serious, required proof in the form of a study or, at the very least, required specific data of the alleged facts).

152 KM and Ors. v. Attorney General and Ors. (Petition No. 1 of 2016), 16 July 2020, https://media.business-humanrights.org/media/documents/files/documents/Judgment_0.pdf; Kenya: Court ruling called a milestone in environmental justice (UN, 2020), https://www.ohchr.org/en/stories/2020/09/court-ruling-called-milestone-environmental-justice.


153 Ibid.


154 Ibid.

155 Ibid.

156 EMCA, Art. 4(1).

157 Id., Art. 5(a)-(d).

158 Id., Art. 7(1), 8(1).

159 Id., Art. 2(a)-(q) (elaborating 17 categories of environmental protection functions assigned to NEMA).

160 Id., Art. 28(1).

161 Id., Art. 12.

162 Id., Arts. 28(2), (4).

163 Id., Art. 28(5).

164 Id., Art. 108(1).

165 Id., Art. 108(2)(a)-(c).


166 See id., Art. 108(4)(a)-(h) (“(4) Without prejudice to the general effect of the purpose set out in subsection (2) an environmental restoration order may require a person on whom it is served to – (a) take such action as will prevent the commencement or continuation or cause of pollution; (b) restore land, including the replacement of soil, the replanting of trees and other flora and the restoration as far as may be, of outstanding geological, archaeological or historical features of the land or the area contiguous to the land or sea as may be specified in the particular order; (c) take such action to prevent the commencement or continuation or cause of environmental hazard; (d) cease to take any action which is causing or may contribute to causing pollution or an environmental hazard; (e) remove or alleviate any injury to land or the environment or to the amenities of the area; (f) prevent damage to the land or the environment, aquifers beneath the land and flora and fauna in, on or under or about the land or sea specified in the order or land or the environment contiguous to the land or sea specified in the order; (g) remove any waste or refuse deposited on the land or sea specified in the order and dispose of the same in accordance with the provisions of the order; (h) pay any compensation specified in the order.”).

167 Id., Art.112(1)

168 EMCA, Art. 32(a)(i).

169 See id., Art. 33(2)(a)-(d).

170 Id., Art. 37(1).

171 Id., Art. 37(2).

172 Id., Art. 38(c).

173 Id., Art. 38(l).

174 Constitution, Art. 37.

175 Id.

176 No. 29 of 2022, https://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/2022/TheChildrenAct_2022.pdf.

177 Supra note 1.


178 Id., Art. 20(2).

179 Id. at Part III: “Specific Application of Rights.”

180 Id., Arts. 53, 54.

181 Id., Art. 52(2).

182 Id., Art. 2(6).

183 Treaty Making and Ratification Act, No. 45 (2012), available at http://kenyalaw.org/kl/.

184 Davis Malombe, Martin Mavenjina, Medika Medi, & Sylvia Mbataru, Kenya’s Regional and International Human Rights Obligations, Kenya Human Rights Commission, 1, available at https://khrc.or.ke/storage/2024/02/Kenyas-Regional-and-International-Human-Rights-Obligation.pdf.

185 Id. at 6, 15; see also The Universal Declaration of Human Rights, available at http://kenyalaw.org/treaties/treaties/164/Universal-Declaration-of-Human-Rights (providing the date of Kenyan ratification).

186 G.A. Res. 44/25, Convention on the Rights of the Child, Art. 15(2) (November 20, 1989).

187 Org. of African Unity (OAU), African Charter on the Rights and Welfare of the Child, Art. 8, OAU Doc. CAB/LEG/24.9/49 (July 11, 1990).

188 G.A. Res. 217 (III) A, Universal Declaration of Human Rights, Art. 20(1) (December, 10 1948).

189 G.A. Res. 2200A (XXI), International Covenant on Civil and Political Rights, Art. 21 (December, 16 1966).

190 Organization of African Unity (OAU), African Charter on Human and Peoples' Rights, Art. 11, (June 27, 1981), CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982).

191 28(2) and 28(4)(a), https://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/2022/TheChildrenAct_2022.pdf.

192 Id.

193 UN Committee On The Rights Of The Child (CRC), Concluding observations on the combined third to fifth periodic reports of Kenya, 1, 7 (March, 21 2016) CRC/C/KEN/CO/3-5, available at https://www.refworld.org/docid/57aaeb8b4.html.


194 Id.

195 Ben Makori, Edith Honan, Kenyan police fire tear gas at children's playground protest, Thomson Reuters (Jan. 19, 2015), available at https://www.reuters.com/article/world/kenyan-police-fire-tear-gas-at-children-s-playground-protest-idUSKBN0KS1JP/.

196 See Boniface Mwangi, #OccupyPlayGround: police used teargas on our children, but for now we celebrate the win, The Guardian (Jan. 20, 2015), available at https://www.theguardian.com/global-development/poverty-matters/2015/jan/20/occupyplayground-police-used-teargas-on-our-children-but-for-now-we-celebrate-the-win.


197 UN Committee On The Rights Of The Child (CRC), Concluding observations on the combined third to fifth periodic reports of Kenya, 1, 7 (March, 21 2016) CRC/C/KEN/CO/3-5, available at https://www.refworld.org/docid/57aaeb8b4.html.

198 See Francis Likoye Malenya, Students, Violent Protests and the Process of Self-Realization in Kenyan Secondary Schools at 74.

199 Id. at 75.

200 Penal Code, § 14(1) (Rev. 2012).

201 Id., § 14(2).

202 JM Gikungu, An epistemic understanding of strikes in selected secondary schools Kenya, Mediterranean Journal of Social Sciences, Vol. 5, No. 5, 191 (April 2014), available at https://www.richtmann.org/journal/index.php/mjss/article/view/2770.


203 Francis Likoye Malenya, Students, Violent Protests and the Process of Self-Realization in Kenyan Secondary Schools, Kenyatta University, Kenya, CICE Hiroshima University, Journal of International Cooperation in Education, Vol. 18 No. 2, 67, 68 (2016), available at https://cice.hiroshima-u.ac.jp/wp-content/uploads/2016/12/18-2-5.pdf.

204 Ministry of Education, National Education Sector Strategic Plan for the Period 2023-2027, p. 54, https://education.go.ke/sites/default/files/2024-07/NATIONAL%20EDUCATION%20STRATEGIC%20PLAN%202023-2027-compressed_removed_0.pdf.

205 Francis Likoye Malenya, Students, supra note 199.

206 Id.

207 Supra note 1.

208 See Francis Likoye Malenya, supra note 199, at 78 (a teacher at Kifari secondary school describes an instance in a neighboring school where expelled but the court compelled the school to reinstate the offending students).

209 Ibid.

210 See Ngunjiri Wambugu v Inspector General Of Police, & 2 Others [2019] eKLR, at 40, available at http://kenyalaw.org/caselaw/cases/view/178860/ (“[E]ven though limitations are necessary they must meet the threshold outlined in Article 24 of the Constitution of Kenya. The purpose of Article 24 on the constitution is therefore to enable rights to be prudently limited to the extent necessary to protect the public good and the rights of others without undermining essential human rights or other civil liberties that provide the foundation of a free society. The rights under Article 37 of the constitution can on assembly can be protected by ensuring it does not limit or infringe or other individual rights through legislation as provided for in Article 24 of the constitution.”).

211 Constitution, Art. 33.

212 Supra note 191.

213 Supra note 1.

214 G.A. Res. 44/25, Convention on the Rights of the Child, Arts. 12, 13 (November 20, 1989).

215 Org. of African Unity (OAU), African Charter on the Rights and Welfare of the Child, Art. 7, OAU Doc. CAB/LEG/24.9/49 (July 11, 1990).

216 Organization of African Unity (OAU), African Charter on Human and Peoples' Rights, Art. 9, (June 27, 1981), CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982).

217 G.A. Res. 217 (III) A, Universal Declaration of Human Rights, Art. 19 (December, 10 1948); G.A. Res. 2200A (XXI), International Covenant on Civil and Political Rights, Art. 19 (December, 16 1966).

218 Supra note 1.


219 Supra note 1.

220 G.A. Res. 44/25, Convention on the Rights of the Child, Art. 13(2) (November 20, 1989).

221 UN Committee on the Rights of the Child (CRC), Concluding observations on the combined third to fifth periodic reports of Kenya, 1, 7(March, 21 2016) CRC/C/KEN/CO/3-5, available at https://www.refworld.org/docid/57aaeb8b4.html.

222 Id.

223 Police Crackdown on Butere Girl’s Play Violates Children’s Rights and Supresses Freedom of Expression and Association (Amnesty International, 2025), https://www.amnestykenya.org/police-crackdown-on-butere-girls-play-violates-childrens-rights-and-suppresses-freedom-of-expression-and-association/.

224 Ibid.

225 Constitution, Art. 36.

226 See, e.g., Non-Governmental Organizations Co-Ordination Board v EG & 5 others [2019] eKLR at 94, available at http://kenyalaw.org/caselaw/cases/view/170057/ (holding that the Kenyan Constitution provided the right to an LGBTQA+ group to register as an association in the country).

227 G.A. Res. 44/25, Convention on the Rights of the Child, Art. 15(1) (November 20, 1989).

228 Org. of African Unity (OAU), African Charter on the Rights and Welfare of the Child, Art. 8, OAU Doc. CAB/LEG/24.9/49 (July 11, 1990).

229 Organization of African Unity (OAU), African Charter on Human and Peoples' Rights, Art. 10, (June 27, 1981), CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982).

230 G.A. Res. 2200A (XXI), International Covenant on Civil and Political Rights, Art. 22 (December, 16 1966).

231 G.A. Res. 217 (III) A, Universal Declaration of Human Rights, Art. 20 (December, 10 1948).

232 Pamela Ager, Out With the Old, in With the New: The Public Benefit Organizations Act, 2013, Oraro & Company Advocates (June 27, 2018) https://www.oraro.co.ke/2018/06/27/out-with-the-old-in-with-the-new-the-public-benefit-organizations-act-2013/ [accessed October 2023].

233 Council On Foundations, Nonprofit Law in Kenya, (June 2019), available at https://www.cof.org/sites/default/files/Kenya-201906.pdf; Ministry of Interior and National Administration, The Public Benefits Organisation Act, https://pckamunya.co.ke/wp-content/uploads/2018/07/Public-Benefit-Organizations-Act.pdf.


234 Id.

235 Id.

236 G.A. Res. 44/25, Convention on the Rights of the Child, Art. 15(2) (November 20, 1989).

237 UN Committee on the Rights of the Child (CRC), Concluding observations on the combined third to fifth periodic reports of Kenya, 1, 7 (March, 21 2016) CRC/C/KEN/CO/3-5, available at https://www.refworld.org/docid/57aaeb8b4.html.

238 UN Committee on the Rights of the Child (CRC), Concluding observations on the combined third to fifth periodic reports of Kenya, 1, 7 (March, 21 2016) CRC/C/KEN/CO/3-5, available at https://www.refworld.org/docid/57aaeb8b4.html.

239 Constitution, Art. 35(1)(a)-(b).

240 Id., Art. 35(2).

241 Id., Art. 35(3).

242 Id., Art. 53(1)(b).

243 Id., Art. 55(a).

244 See Njuguna S. Ndung’u v Ethics & Anti-Corruption Commission (EACC) & 3 others [2018] eKLR, available at http://kenyalaw.org/caselaw/cases/view/164553/


245 The Access to Information Act, No. 31 (2016) Kenya Gazette Supplement No. 152, Art. 4(1)(a)-(b), available at http://kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/A/Access%20to%20Information%20Act%20-%20No.%2031%20of%202016/subsidiary_legislation/docs/AccesstoInformationAct31of2016_subsidiary.pdf.


246 Id.

247 Id., Art. 4(2)(a)-(b).

248 Id., Art. 3.

249 Id. Art. 5(2).

250 Id. Art. 5(3).

251 Id. Art. 8(2).

252 Id. Art. 11(1)(a)-(f).

253 Id. Art. 14(1)(a)-(h).

254 Id. Arts. 6(3), 6(6)(d).

255 G.A. Res. 44/25, Convention on the Rights of the Child, Art. 13(1) (November 20, 1989).

256 G.A. Res. 2200A (XXI), International Covenant on Civil and Political Rights, Art. 19(2) (December, 16 1966).

257 See G.A. Res. 217 (III) A, Universal Declaration of Human Rights, Art. 19 (December, 10 1948) (“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”)

258 Organization of African Unity (OAU), African Charter on Human and Peoples' Rights, Art. 9, (June 27, 1981), CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982).

259 Org. of African Unity (OAU), African Charter on the Rights and Welfare of the Child, Art. 11, OAU Doc. CAB/LEG/24.9/49 (July 11, 1990).

260 Supra note 194, Article The Children Act, Chapter 141, (2012) Cap. 141 § 13.7(2), available at https://bettercarenetwork.org/sites/default/files/The%20Children%27s%20Act%2C%20Kenya_0.pdf.

261 Open Government Partnership, Kenya Action Plan 2018-2020, 5 (December 10, 2018), available at https://www.opengovpartnership.org/documents/kenya-action-plan-2018-2020/.

262 Id.

263 UNICEF, Taking Child Protection to the Next Level in Kenya, 21 (Dec. 2015), available at https://bettercarenetwork.org/sites/default/files/2020-08/Kenya_CP_system_case_study.pdf.

264 Id.

265 Id.

266 The Internet of Good Things, https://ke.goodinternet.org/en/sections/Climate-Change-Kenya/.

267 Supra note 191.

268 G.A. Res. 44/25, Convention on the Rights of the Child, Art. 13(2) (November 20, 1989).

269 The Access to Information Act, No. 31 (2016) Kenya Gazette Supplement No. 152, Art. 6(1)(a)-(i).

270 Id.

271 Id., Art. 6(3).

272 2012 [1980], Section 42, Available at: https://www.kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/EducationActCap211.pdf.

273 Environmental Education around the world: Country Profiles - Kenya, Global Environmental Education Partnership, https://thegeep.org/resources/countries/kenya.


274 Ibid.

275 Ministry of Education, National Education Sector Strategic Plan 2023-2027, https://education.go.ke/sites/default/files/2024-07/NATIONAL%20EDUCATION%20STRATEGIC%20PLAN%202023-2027-compressed_removed_0.pdf.

276 Ibid., p. 3.

277 Ibid., p. 4.

278 Ibid., p. 54.

279 Ibid., p. 78.

280 Ibid., p. 144.