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Constitution of Kenya (2010)

Chapter 4, Part 2, Article 42:

“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.”

[Article 70 provides that any person may apply to a court for redress of damage to the environment.]

Chapter 4, Part 2, Article 43:

“1. Every person has the right- … (d.) to clean and safe water in adequate quantities;”

Chapter 4, Part 3, Article 56:

“The State shall put in place affirmative action programmes designed to ensure that minorities and marginalised groups- … (e.) have reasonable access to water, health services and infrastructure.”

Chapter 5, Part 2, Article 69:

“The State shall— (a) ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits; (b) work to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya; (c) protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities; (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….”