Sufficiency of the sanctions in the environmental laws of Kenya
Kimani, Theresa Wanjiru
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The Environment in Kenya has been in a bad state over the years. As a result of this, EMCA was enacted in 1999 to try and solve the environmental challenges. Later on, the Constitution of Kenya, 2010 directed the establishment of the Environment and Land Courts (ELC) to further deal with these challenges. The ELC was established in 2011 after the enactment of the ELC Act in 2011. With all these improvement in legislation and institutions, one would think that environmental challenges would have been resolved. However, this has not been the case: environmental management has not been achieved.This research investigated whether the environmental laws in Kenya are sufficient to deter environmental pollution hence enabling environmental management. It did this by studying the laws, the sanctions and their effects to the public. By doing this, the research was trying to gather the reasons as to why environmental management has not been achieved.The qualitative data collection method was used to gather and analyze secondary data which was obtained from law reports, books, journals, legal papers and cases.From the outcome of this research, it is evident that environmental management has not been achieved due to a discrepancy in the laws, its implementation and insufficiency of the sanctions. The research recommends a revision of the laws to correct this discrepancy. It also suggests a close monitoring and evaluation of the implementation of these laws. It further suggests serious education to the public on the crucial role of the environment to Kenya's development agenda.