Lost in concrete: reimagining Kenya’s urban green space legislation

Abstract

In Nairobi, a peculiar observation can be made of residents who, seeking relaxation, sit on the grass alongside major roads such as Langata or Ngong, highlighting the lack of accessible open and green spaces. Despite the multiple environmental, social and economic benefits these spaces provide, they face significant challenges and are often lost to development. The World Health Organisation highlights the importance of green space per city dweller. Currently, green spaces in Nairobi cover an area of 2363 hectares, falling short of the WHO standard of 9m2 per person. Land grabbing, rapid urbanisation, lack of cooperation between NGOs and government, conversion, over-lapping mandates between county and national governments, weak enforcement of existing environmental laws and the lack of a comprehensive law on urban green spaces have led to the degeneration and loss of these spaces. The constitution in Article 42 enshrines the right to a clean and healthy environment. This includes the right to have the environment protected for the benefit of present and future generations through legislative and other measures. However, the governance of green spaces, remains wanting as Kenya does not have a comprehensive law on urban recreational green spaces. The lack of a clear legal framework for the use and governance of green spaces is therefore an infringement of the rights of citizens. Not only are there immediate consequences on the realisation of the right to clean and healthy environment, there is also a threat to the sustainability of these spaces for future generations. This study is a doctrinal legal study grounded in the right to the city theory. This research draws insight from Singapore’s urban greening experience. Through its analysis of Singapore’s legal, policy and institutional framework, it identifies actionable recommendations for Kenya. By examining the role of law in the preservation and development of green spaces in urban centres, this study recommends legislative reforms to ensure equitable access to these areas. This study contributes to the discourse on urban environmental governance, making proposals in order to secure environmental rights for current and future generations.