A critique on the fulfillment of Kenya’s fiduciary duty under article 69 of the constitution regarding the construction of the gibe iii dam
Sandrine, Atok Ewoton
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This study, recognising the significance of the environment on the livelihood of communities, embarks on a journey to determine the extent of state protection over lake Turkana by the government of Kenya. It compares the acts of the state to its obligation under article 69 of the Constitution prior and during the construction of Gibe III dam. The research objectives include establishing whether a fiduciary duty over the environment exists on the part of the state, what is entailed by this duty and the extent to which the State fulfilled this duty with regards to the construction of the Gibe III dam. The conceptual framework used in this study is Sustainable development, a theme present in the analysis of the environmental obligations of the State and the evidenced responses with these obligations in mind. In a comparison study, the La Plata river basin treaty is used as a desirable model, whose emulation the Lake Turkana basin would have benefited from.