Towards greater access to justice in environmental disputes in Kenya: opportunities for intervention Working Paper uri icon

abstract

  • Concern for the environment has increased over the years since the United Nations Conference on the Human Environment in 1972. Kenya has signed, acceded to or ratified many international instruments providing for access to justice for its citizenry generally and in environmental decision-making specifically. Access to justice in environmental decision-making is secured through the incorporation of environmental procedural rights in emerging international and regional instruments. These provisions are then deposited in national legislations to give them effect at that level. The issue of the status of international instruments that a state has signed and ratified but not domesticated remains but jurists point to the Vienna Convention’s Article 26 which provides that “every treaty in force is binding upon the parties to it and must be performed by them in good faith.”

publication date

  • 2005

keywords

  • Environmental justice
  • Kenya
  • Law