Constitution of Kenya, 2010
(d) encourage public participation in the management, protection
and conservation of the environment;
(e) protect genetic resources and biological diversity;
(f) establish systems of environmental impact assessment,
environmental audit and monitoring of the environment;
(g) eliminate processes and activities that are likely to endanger
the environment; and
(h) utilise the environment and natural resources for the benefit of
the people of Kenya.
(2) Every 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.
Enforcement of environmental rights.
70. (1) If a person alleges that a right to a clean and healthy
environment recognised 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.
(2) 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.
(3) For the purposes of this Article, an applicant does not have to
demonstrate that any person has incurred loss or suffered injury.
Agreements relating to natural resource.
71. (1) A transaction is subject to ratification by Parliament if it—
(a) involves the grant of a right or concession by or on behalf of
any person, including the national government, to another
person for the exploitation of any natural resource of Kenya;
and
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