Article 70. Enforcement of environmental rights
Official Constitutional Text
70. (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.
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 70 of the Kenyan Constitution provides the legal mechanism for enforcing the right to a clean and healthy environment. It allows any person who believes this environmental right is being threatened or violated to apply to a court for legal remedies. The court is empowered to issue orders to stop any harmful environmental actions, compel public officers to intervene against environmental damage, or award financial compensation to victims. Crucially, the article removes traditional legal barriers by stating that an applicant does not need to prove that anyone has actually suffered a loss or physical injury to bring the case to court.