Kibugi, Robert --- "Enchanced Access to Environmental Justice in Kenya" [2011] ELECD 649; in Benidickson, Jamie; Boer, Ben; Benjamin, Herman Antonio; Morrow, Karen (eds), "Environmental Law and Sustainability after Rio" (Edward Elgar Publishing, 2011)

Book Title: Environmental Law and Sustainability after Rio

Editor(s): Benidickson, Jamie; Boer, Ben; Benjamin, Herman Antonio; Morrow, Karen

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857932242

Section: Chapter 10

Section Title: Enchanced Access to Environmental Justice in Kenya

Author(s): Kibugi, Robert

Number of pages: 20

Extract:

10. Enhanced access to environmental
justice in Kenya
Robert Kibugi

1. INTRODUCTION
This chapter seeks to assess the role of judicial institutions in enhancing
access to environmental justice in Kenya. It discusses the conceptual nature
of access to justice, and environmental justice in particular, as well as the role
of judicial institutions. It then analyses legal mechanisms for access to
environmental justice in Kenya, traversing the court system as well as
tribunals. It also examines aspects of judicial institutions that enhance access
to environment as well as the challenges that they face ­ and proposes
solutions. The final section argues for a framework to enhance access to
environmental justice in Kenya by putting forward a case for the courts to
exercise suo moto jurisdiction in environmental matters of public interest.


2. CONCEPTUAL NATURE OF ACCESS TO JUSTICE

Access to Justice

Effective judicial mechanisms should be accessible to the public, including
organisations, so that their legitimate interests are protected and the law is
enforced. 1 It is widely recognised that access to justice is one of the most
basic human rights, without which the realisation of many other human rights
becomes difficult (Bhagwati, 2002).
Access to justice entails much more than improving an individual's access
to courts, or guaranteeing legal representation. Access must be defined in
terms of ensuring just and equitable outcomes. 2 In addition, easy and
unhindered access to judicial redress, particularly to enforce fundamental
rights, has emerged as one of the standards of judicial independence. 3




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