Enforcing The Right To Clean And Healthy Environment In Kenya Through The Polluter Pays Principle
Kariuki Muigua
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Abstract: This scholarly paper explores the legal relevance of the Polluter Pays Principle (PPP) in advancing Kenya?s constitutional right to a clean and healthy environment. It tracks the evolution of PPP in international law?including the Rio Declaration and Basel Convention?and examines its domestic application through the Environmental Management and Coordination Act (EMCA) and court rulings. The author critiques the over-reliance on public institutions and calls for broader private sector engagement and citizen-led litigation. Case law is used to demonstrate successful environmental accountability, yet the paper acknowledges persistent challenges such as insufficient enforcement capacity, fragmentation in policy implementation, and lack of public awareness. Recommendations include revising penalties for polluters, integrating PPP into county environmental planning, and strengthening civil society advocacy. The document contributes critical insights for legal scholars, policymakers, and environmental defenders working to enhance climate justice through statutory reform.