The Draft Constitution of Kenya 2004: Future Prospects in Environmental and Biodiversity Policy
In Kenyan history, the Constitution has never contained any provision on management of natural resources and the environment in general. This has negatively contributed to the formulation and implementation of environmental and biodiversity policy in the past. Hence, the process underway which aims at giving this question a constitutional backbone is a great historical event which, if materializes, would be welcomed with open hands by all Kenyans.
The Constitutional Review Committee has already made numerous changes in the old Constitution through the so-called “The Draft Constitution of Kenya 2004” (hereinafter draft). The draft is to come into force on the day of assent by the President. At the moment, this has been lamed by political wrangles within the government. However though, it is expected that it would come into force some time soon.
Among the innovations of the draft is the inclusion of the provisions on management of the environment and natural resources.
This paper looks at the contents of these provisions and tries to give an assessment of expected changes in future environmental and biodiversity policy in Kenya.
The paper is written by Dr. Evanson Chege Kamau, research assistant at the Europaeisches Umweltrecht, Universitaet Bremen, Germany. Dr. Kamau is currently involved in writing and revising a proposal for a project on law and practice in access to genetic resources and benefit sharing with the example of Kenya, Brazil, and Germany. The views expressed herein are solely of the author.
Number of Pages: approx. 8
Price: $ 50