Publication:
Sustainable development and equity in the Kenyan context

Simple item page
dc.creatorKariuki, Francis Kamau
dc.creatorMuigua, Kariuki
dc.date03/12/2015
dc.dateThu, 12 Mar 2015
dc.dateThu, 12 Mar 2015 15:53:42
dc.dateYear: 2005
dc.dateThu, 12 Mar 2015 15:53:42
dc.date.accessioned2015-03-18T11:29:18Z
dc.date.available2015-03-18T11:29:18Z
dc.descriptionArticle published by Kenya Law
dc.descriptionEquity, particularly intergenerational and intragenerational equity, is central to the concept of sustainable development. The rhetoric of equity has been incorporated in sustainable development instruments and is already part of customary international law. In Kenya the right to a clean and healthy environment which inter aliaincludes the right to have the environment protected for the benefit of present and future generations has been codified in the legal framework and the courts have had occasion to interpret this right in the Kenyan context. Kenya has however adopted an anthropocentric definition and approach to sustainable development, which places a lot of emphasis on human beings thus ignoring the ecological perspective in sustainable development. The authors argue that the environment has a right to be safeguarded and protected not necessarily for the benefit of human beings but for ecological reasons. This paper critically examines the principle of equity (intergenerational and intragenerational equity), and its centrality in the concept of sustainable development in Kenya. The intergenerational rights of future generations and of the environment are explored. Equally the intergenerational and intragenerational obligations of the present generations are assessed. The paper also discusses the extent to which equity has been incorporated into the Kenyan legal framework on environment and natural resources. It will also give Kenyan examples of natural resources that are rare and have been threatened by unsustainable use. With the enactment of the new Constitution[1], the Environmental Management and Coordination Act No. 8 of 1999 and the Environment and Land Court Act No. 11 of 2011 it is hoped that sustainable development which is informed by equity will be attained. Achieving sustainable development means that the carrying capacity of the ecosystems will be conserved and protected and that the future generations will have an opportunity to enjoy the fruits of sustainable development. In order to attain these goals the requisite long-term measures have to be taken in conserving environmental and natural resources. The authors argue that the policy, legal and institutional mechanisms put in place on how to fulfill our duties to the environment and future generations are not adequate as they are designed to handle problems of a short-term nature. The paper notes that most of the measures undertaken in Kenya in conserving environmental and natural resources are short-term and are not suitable in attaining intra and intergenerational equity. It also notes that most of the measures, policies and programmes geared towards attaining sustainable development are largely centered on human beings and thus do not adequately address ecological issues in the country.
dc.description.abstractEquity, particularly intergenerational and intragenerational equity, is central to the concept of sustainable development. The rhetoric of equity has been incorporated in sustainable development instruments and is already part of customary international law. In Kenya the right to a clean and healthy environment which inter aliaincludes the right to have the environment protected for the benefit of present and future generations has been codified in the legal framework and the courts have had occasion to interpret this right in the Kenyan context. Kenya has however adopted an anthropocentric definition and approach to sustainable development, which places a lot of emphasis on human beings thus ignoring the ecological perspective in sustainable development. The authors argue that the environment has a right to be safeguarded and protected not necessarily for the benefit of human beings but for ecological reasons. This paper critically examines the principle of equity (intergenerational and intragenerational equity), and its centrality in the concept of sustainable development in Kenya. The intergenerational rights of future generations and of the environment are explored. Equally the intergenerational and intragenerational obligations of the present generations are assessed. The paper also discusses the extent to which equity has been incorporated into the Kenyan legal framework on environment and natural resources. It will also give Kenyan examples of natural resources that are rare and have been threatened by unsustainable use. With the enactment of the new Constitution[1], the Environmental Management and Coordination Act No. 8 of 1999 and the Environment and Land Court Act No. 11 of 2011 it is hoped that sustainable development which is informed by equity will be attained. Achieving sustainable development means that the carrying capacity of the ecosystems will be conserved and protected and that the future generations will have an opportunity to enjoy the fruits of sustainable development. In order to attain these goals the requisite long-term measures have to be taken in conserving environmental and natural resources. The authors argue that the policy, legal and institutional mechanisms put in place on how to fulfill our duties to the environment and future generations are not adequate as they are designed to handle problems of a short-term nature. The paper notes that most of the measures undertaken in Kenya in conserving environmental and natural resources are short-term and are not suitable in attaining intra and intergenerational equity. It also notes that most of the measures, policies and programmes geared towards attaining sustainable development are largely centered on human beings and thus do not adequately address ecological issues in the country.
dc.identifier
dc.identifier.urihttp://hdl.handle.net/11071/3866
dc.languageeng
dc.publisherKenya Law
dc.rightsBy agreeing with and accepting this license, I (the author(s), copyright owner or nominated agent) agree to the conditions, as stated below, for deposit of the item (referred to as .the Work.) in the digital repository maintained by Strathmore University, or any other repository authorized for use by Strathmore University. Non-exclusive Rights Rights granted to the digital repository through this agreement are entirely non-exclusive. I understand that depositing the Work in the repository does not affect my rights to publish the Work elsewhere, either in present or future versions. I agree that Strathmore University may electronically store, copy or translate the Work to any approved medium or format for the purpose of future preservation and accessibility. Strathmore University is not under any obligation to reproduce or display the Work in the same formats or resolutions in which it was originally deposited. SU Digital Repository I understand that work deposited in the digital repository will be accessible to a wide variety of people and institutions, including automated agents and search engines via the World Wide Web. I understand that once the Work is deposited, metadata may be incorporated into public access catalogues. I agree as follows: 1.That I am the author or have the authority of the author/s to make this agreement and do hereby give Strathmore University the right to make the Work available in the way described above. 2.That I have exercised reasonable care to ensure that the Work is original, and to the best of my knowledge, does not breach any laws including those relating to defamation, libel and copyright. 3.That I have, in instances where the intellectual property of other authors or copyright holders is included in the Work, gained explicit permission for the inclusion of that material in the Work, and in the electronic form of the Work as accessed through the open access digital repository, or that I have identified that material for which adequate permission has not been obtained and which will be inaccessible via the digital repository. 4.That Strathmore University does not hold any obligation to take legal action on behalf of the Depositor, or other rights holders, in the event of a breach of intellectual property rights, or any other right, in the material deposited. 5.That if, as a result of my having knowingly or recklessly given a false statement at points 1, 2 or 3 above, the University suffers loss, I will make good that loss and indemnify Strathmore University for all action, suits, proceedings, claims, demands and costs occasioned by the University in consequence of my false statement.
dc.subjectSustainable Development
dc.subjectequity
dc.subjectKenya
dc.titleSustainable development and equity in the Kenyan context
dc.typeArticle
dspace.entity.typePublication
Files
Collections
SU Scholarly Articles