Article 69. Obligations in respect of the environment
Official Constitutional Text
69. (1) 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.
(2) Every person has a duty to cooperate with State organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources.
Plain English Explanation
This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.
Article 69 of the Kenyan Constitution outlines the environmental obligations of both the state and its citizens. It requires the state to ensure the sustainable use, conservation, and equitable benefit-sharing of natural resources, while actively working to maintain a minimum national tree cover of ten per cent. The state must protect indigenous knowledge, intellectual property regarding biodiversity, and genetic resources while eliminating activities that threaten the ecosystem. To achieve this, the government is mandated to enforce environmental impact assessments and audits, encourage public participation in conservation, and manage resources solely for the benefit of Kenyans. Finally, the article places a reciprocal legal duty on every individual to cooperate with state authorities to protect the environment and support sustainable development.