ISBN 9789966255822
Pages 578
Dimensions 254 x 178 mm
Published 2008
Publisher East African Educational Publishers, Kenya
Format Paperback

Environmental Governance in Kenya

Implementing the Framework Law

by Migai Akech, Charles O. Okidi, Patricia Kameri-Mbote

Kenya is one of about 42 African countries which have enacted framework environmental laws. 14 January 2000 was the Date of Commencement of the Environment Management and Co-ordination Act (EMCA) after its adoption in December 1999 and receipt of Presidential Assent on 6 January 2000. From that date, all sectoral laws were expected to be reviewed or amended to ensure consistency with the requirements of EMCA. Under Section 148 of EMCA: "Any written law, in force immediately before the coming into force of this Act, relating to the management of the environment shall have effect subject to modification as may be necessary to give effect to this Act, and where the provisions of any such law conflict with any provisions of this Act, the provisions of this Act shall prevail". This book is an appraisal of the extent to which this provision has been implemented. It critically analyses environmental law in Kenya with a view to identifying the convergences and divergences between select sectoral laws and EMCA. The ultimate objective is to support internal harmonization of the corpus of environmental law in Kenya.

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About the Authors

Migai Akech

Migai Akech is a Senior Lecturer at the School of Law, University of Nairobi and an advocate of the High Court of Kenya. He has published widely on Public Procurement, Healthcare, Privatisation, Judicial Review, Biotechnology, International Trade and Development, and The Protection of Customary Land Rights.

Charles O. Okidi

Charles O. Okidi is Professor of Environmental Law, Director of Centre for Advanced Studies in Environmental Law and Policy (CASELAP) and Research Professor at the Institute for Development Studies, University of Nairobi. He has published and lectured widely on International and Comparative Environmental Law, Law of the Sea and International Water Law.

Patricia Kameri-Mbote

Patricia Kameri-Mbote is an Associate Professor of Law, University of Nairobi, and an advocate of the High Court of Kenya. She is also Chair of the Seeds and Plant Varieties Tribunal. Prof. Mbote has published widely in the areas of International Law, Environmental Law, Women’s Rights and Property Rights.