Public Interest Environment Litigation

Public Interest Environment Litigation This refers to a branch of law that prevents, mitigates, remedies or compensates for harm done to the environment. The necessity lies in the rapid degradation of environment and the need of efficient environmental management. The right to defend the environment is usually provided for by the laws of each country, either constitutionally or by an Act of parliament. These laws will usually include a provision allowing “any person” to bring suit in court against “any person” who violates the statute. These law suits have many unique characteristics that distinguish them from typical civil litigation. Usually in the common law countries, for one for one to file a suit, one must have locus standi. This becomes difficult


Implementation of the Constitution of Kenya,2010

Implementation of Article 71 of the Constitution of Kenya,2010 Kenya is in a period of interest in exploration and development of oil, natural gas and other mineral resources in the recent past. Other natural resource sectors such as fisheries, forests, and hydro-power are also increasingly attracting investments both from local corporations and multinational companies. Contracts relating to these resources are in most cases signed between the national government and the companies, with parliament. The Constitution of Kenya 2010 sought to change this by requiring parliament to ratify agreements relating to natural resources. The Constitution states in Article 71 states that a “transaction is subject to ratification by Parliament if it––(a) involves the grant of a right or concession by or


Environmental Democracy Index

On Wednesday, 27th May 2015, the World Resources Institute (WRI), in partnership with the Institute of Law and Environmental Governance (ILEG), launched, at UNEP Gigiri (Nairobi), the first-ever interactive public platform that tracks countries’ progress in establishing national laws to promote transparency, accountability and inclusiveness in environmental governance, called the Environmental Democracy Index. This rendezvous also held the opportunity to disclose the results of the assessment made for Kenya in terms of its environmental democracy. What is the Environmental Democracy Index? The Environmental Democracy Index is a significant tool, developed by the World Resources Institute (1) and the Access Initiative (TAI) (2). It aims to measure the quality of laws and other legally-binding rules that exist at the national level


World Environment Day 2015

ILEG would like to take this opportunity to join the world in celebrating World Environment Day marked on 5th June every year. ILEG has made its pledge to the environment as follows: “We pledge to continue working with local communities, governments, the private sector and civil society organizations to ensure fair, balanced and equitable development policy choices to improve peoples’ lives and protect the environment. We pledge to continue seeking ways to transform the way governments make decisions and implement laws and policies,that affect the environment and natural resources. This is our pledge to the environment and the people of the Republic of Kenya.” – ILEG KENYA World Environment Day is celebrated every year to raise global awareness to take


Sustainable development

Role of law in sustainable development What do you see when you look at these pictures?They say a picture is worth a thousand words.This is quite true.When i look at these pictures,i see the present generation,the future generation and an unborn generation.All these generations depend on earth’s natural resources for survival.How can the present generation not deplete these resources for the future and unborn generation? The answer is simple.SUSTAINABLE DEVELOPMENT.If needs are to be met on the sustainable basis the earth’s natural resource base must be conserved and enhanced.Environmental law has a major role to pay in ensuring that consumption is kept at sustainable levels and guarantee that present development needs are met while ensuring that future generations will be