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Kenyan environmental law has evolved dynamically over the past decade, influenced by,
among others, the promulgation of a new Constitution on August 27, 2010. This has resulted
in extensive changes in the governance framework of Kenya, which have in turn resulted in the
modification of the foundational structures of environmental governance. The constitutional
change consolidated gains achieved through enactment and implementation of the 1999
Environmental Management and Coordination Act (EMCA).
No scholarly publication has so far consolidated the analyses on implementation of the 2010
constitutional framework in environmental governance. An earlier volume, published in 2008,
focused on environmental governance in Kenya in the context of implementing the EMCA.1
This publication is, therefore, timely because the constitutional provisions are a remarkable
enhancement of the EMCA and the repealed Constitution. These include: devolution of
functions; values and principles of national governance; human rights, including right to a clean
environment, gender equality and public participation; devolution of environmental mandates;
State obligations on environment, including a minimum of 10 per cent tree cover; systems of
environmental impact assessment and audit, elimination of harmful environmental practices;
and culture, among others.
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