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KenyaSimplified

Chapter 5, Part 2 · Art. 70

Enforcement of environmental rights

2010-as-amended · effective 2010-08-27

Official text

(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.
In simple words
  • If the right to a clean and healthy environment is denied or threatened, a person may apply to a court for redress.
    Art. 70(1)

    (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.

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  • A court may order that harmful acts be stopped, or award compensation.
    Art. 70(2)

    (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.

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  • The applicant does not have to show that anyone suffered loss or injury.
    Art. 70(3)

    (3) For the purposes of this Article, an applicant does not have to demonstrate that any person has incurred loss or suffered injury.

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Kids explanation
  • If someone harms the environment, you can ask a court to stop them.
    Art. 70(1)

    (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.

    Read the full article →

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