Kenya has two specialized fora for adjudicating environmental matters: the Environment and Land Court and the National Environment Tribunal. The Environment and Land Court is a superior court with the same status as Kenya’s High Courts. It hears and decides disputes relating to the environment and the use, occupation of, and title to land. Appeals against its decisions lie with the Court of Appeal. The National Environment Tribunal is established under Kenya’s Framework Environment Law to receive, hear, and decide appeals arising from decisions of the National Environment Management Authority on issuance, denial, or revocation of environmental impact assessment licenses, among other issues. The tribunal was established out of the realization that cases of environmental degradation were rampant, yet ordinary courts were taking relatively long to decide them, during which period the affected parties and the environment itself suffered, sometimes to a point beyond repair. Moreover, there needed to be a more flexible dispute resolution mechanism to encourage parties with environmental disputes to seek justice to allow sustainable development to take place. Further, while ordinary citizens had been legally endowed with environment-related rights to be protected, court processes were often expensive. The Tribunal sought to ensure that citizens could have effective access to justice. The tribunal decides its own operating rules and procedures and functions like a court of law with broad authority to approve, overrule, or modify the Authority’s decisions. The Tribunal may issue environmental impact assessment licenses or enjoin a project if it overrules the Authority’s decision. The Tribunal can appoint experts to assist it in deciding cases, and it makes its own rules of procedure “simple and precise Ȑ to ensure the proceedings are informal and people-friendly.” Its fees are lower than the courts to ensure accessibility to all in need. The Tribunal has decided over 140 cases since 2005.b
Country
Kenya