Recognising The Rights Of Nature For Environmental Justice In Kenya
Journal of Center for Multidisciplinary Studies in Development
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Abstract: This academic paper advances the legal and philosophical argument for recognizing nature as a rights-bearing entity within Kenya?s environmental governance frameworks. It builds on global precedents such as Ecuador's constitutional protections, New Zealand's Whanganui River Treaty, and Colombia's biocentric rulings to demonstrate how ecological jurisprudence can complement Kenya?s 2010 Constitution. The paper critiques the anthropocentric limitations of current legal mechanisms and illustrates how procedural challenges undermine access to environmental justice, particularly in pollution cases affecting Nairobi and Athi Rivers. By advocating for ecocentric legal reform, it proposes that granting nature standing in court could revolutionize climate litigation, conservation strategies, and policymaking. The case for recognition is tied to intergenerational equity, biodiversity stewardship, and systemic accountability. The authors urge Kenyan legislators, courts, and civil society actors to embrace legal pluralism and reframe ecological harm not merely as a public nuisance but as a violation against a legal entity.