The term environment has no standard definition it Is conceived of variant definition.

First off all the

word ‘environment’ is derived from the French word ‘environner’ which means ‘to encircle ’ or to
surround.

The black law dictionary defines environment as the milieu in which an organism lives. They include
natural forces and other living things. It defines the conditions of danger and damage to existence, as
well as development and growth.

Basically, it is the sum total of water, air and land and the interrelationships that exist among them with
human beings, other living organisms and materials. The geographical meaning of environment is as
follows:

It is a combination of living and non-living things and their mutual interaction with each other which
leads to an ecosystem. Due to this different definitions of the term environment I decided to carry out a
comparison with other countries.

AUSTRALIA

Under its environment protection and biodiversity conservation Act section 528 defines environment to
include

(a)ecosystems and their constituent parts including people and communities

(b)natural and physical resources

(c)the heritage value of places

CANADA

The Canadian environment protection act of 1999 under section 3(1) environment means,

The components of the earth which includes:

(a)air,land and water

(b)all layers of the atmosphere,

(c)the interacting natural systems

EGYPT

Environment is meant to denote the VITAL SURROUNDINGS which comprises the living creatures and its
contents of material as well as the air, water and earth within its compass

Environmental law therefore is a body that is concerned with protecting the natural resources of water,
air and land and the flora and fauna that inhabits them.

In Kenya environmental law is usually concerned with the legal rules relating to the environment mostly
the social economic and philosophical issues that is mainly concerned with conserving, guarding and to
also reduce the impact of human activities
NATURE OF ENVIRONMENTAL LAW

Environmental law is a lot to take in and can be difficult to understand. The laws surrounding
environmental issues and the importance of preserving the environment are vast and
complicated, with each law leaning on another in order to effect change. It is imperative that we
create a better understanding of environmental law because it is so important for the future of our
planet. My work will discuss what exactly constitutes an "environment", what kinds of aspects
are covered by an Environmental Law, some examples, as well as some possible consequences.

The Earth's atmosphere is the air we breathe, the clouds that block out the sun, and everything in
between. It's what makes up our world and gives it meaning. It seems like a given that all living
things on Earth are affected by the environment, but what exactly do we mean by "environment"
here? The environment is all of the things that surround us and make up our existence, such as
air and water. The atmosphere is just as important to life as water because it brings in light to our
world and helps with temperature control, but it also impacts things like weather. Water helps
regulate temperature by bringing in heat from the sun within a given region or keeping warmth
inside of us during times of drought. Water is also one of the few things that can live without
some sort of atmosphere, which allows life to grow.

A lot of people think that environmental law deals with protecting the environment by limiting
certain activities or by creating regulations necessary for protection. This couldn't be further from
the truth. Environmental laws are made to protect a variety of things such as air quality, water
quality, and land quality. "Land" could mean anything from a small plot of land to an entire
island or continent, and "quality" can mean many different things depending on the situation; it
may refer only to the size or condition of a tree but also for example might refer to an
ecosystem's diversity and how efficiently it produces oxygen.

The laws put in place to protect the environment are put in place by a wide variety of
organizations as well as by different kinds of rules, including laws and regulations. Laws with
jurisdiction on the environment include amendments to the Clean Air Act, Clean Water Act,
Endangered Species Act, Environmental Protection Agency (EPA), and many more.

Environmental law is very versatile when it comes to how it affects our daily lives. There are a
number of tools for implementation of environmental laws like legislation, regulation, policy,
and education. These sorts of things can be used alone or in any combination depending on how
we want to implement a certain environmental law.

SOURCES OF INTERNATIONAL ENVIRONMENTAL LAW

ROLE OF INTERNATIONAL ENVIRONMENTAL LAW

1. EXERCISING GENERAL SUPERVISION ON ALL MATTERS RELATING TO
THE ENVIRONMENT
International environmental protection supervision and control has become essential means to
regulate the environmental behavior of states. This is done through environmental impact
assessment, application of sanctions, verification and inspection of environmental activities
likely to pose a threat to the environment. Regarding environmental impact assessment in a trans
boundary context, in recent years has gained so much acceptance among States that it may now
be considered a requirement under general international law to undertake an environmental
impact assessment where there is a risk that the proposed industrial activity may have a
significant adverse impact1.
2. IMPLEMENTING POLICIES RELATING TO THE ENVIRONMENT
Implementation here refers to national measures and policy responses that countries are required
to adopt to put into action international obligations. Some international agreements are self-
executing, meaning they do not require domestic legislation to become effective. However, most
Multilateral Environmental Agreements require states to enact legislations and regulations to
implement them.
There are various aspects of implementation. Some scholars list System for Implementation
Reviews and National Implementation as reflecting a central attribute of the implementation
process. It helps to explain which commitments are most effective and it is sufficiently narrow to
allow case studies that focus on specific issues amenable to change through policy2. System for
Implementation Review (SIRs) is made up of rules and procedures by which parties and other
interest groups to international accords share and exchange data, information on implementation,

1
Case concerning pulp mills on the River Uruguay (Argentina v Uruguay), Judgement of the International Court of
Justice of 20 April 2010. http:// www.icj-cij.org/docket /files/135/15877. Pdf at 60-61.
2
Mitchell, supra note 64 at 428; see also Victor, supra note 61at15where he refer to this factor as
Configuration of power at 15-26.
monitor activities, assess the adequacy of existing obligations, and deal with issues of poor
implementation. Many Multilateral Environmental Agreements contain provisions requiring
parties to report on efforts on implementation and they contain procedures for reviewing these
reports.
These reports and reviews help assess the adequacy of commitments and ways to manage poor
implementation. SIRs based on these reports helps to lower transaction cost and enhance
international cooperation. It also makes it easier for NGOs to monitor and identify
implementation problems and to pressure governments to fully implement their commitments3.
3. ENHANCING GLOBAL ENVIRONMENTAL PRODUCTIVITY
International environmental law is the set of agreements and principles that reflect the world’s
collective effort in managing and resolving our most serious environmental problems, including
climate change, ozone depletion and mass extinction of wildlife. More generally, international
environmental law aims to achieve sustainable development, development that allows people to
have a high quality of life today without sacrificing the quality of life of future generations.
International environmental law is thus critical both for addressing specific environmental threats
and for integrating long-term environmental protection into the global economy to bolster
environmental production4. There are conventions for conserving nature, for example,
Convention on Biological Diversity, the Convention on International Trade in Endangered
species (CITES) and the Convention on Migratory Species. The Convention sets an international
framework to support domestic conservation efforts and includes binding protocols on managing
genetically modified organisms (GMOs) and ensuring that local communities share the benefits
from biodiversity conservation.
4. AVOIDING AND SOLVING ENVIRONMENTAL DISPUTES
Through the international court of justice and arbitration, international environmental law
provides mechanisms for settlement of environmental disputes. The International Court of
Justice and arbitration are complementary processes and offer an important choice to states in
resolving international environmental disputes5. An increased reliance on these mechanisms will
help avoid international conflicts and enhance global peace. These mechanisms are capable of
resolving technical disputes, they are expeditious, affordable, capable of according a global
approach to issues before it, accessible to entities other than states and their decisions are
binding.
5. SHAPING AND GIVING EFFECT TO INSTITUTIONAL POLICIES FOR
MANAGING NATURAL RESOURCES
The rules, principles and procedures of international environmental law are normative not only
when they are binding as hard law but also when they provide non-binding guidance as soft law
for national and sub-national policies. In either normative capacity, international environmental
3
Ibid. at 47
4
https://www.americanbar.org/groups/public_education/publications/insights-on-law-and-society/volume-19/
insights-vol--19---issue-1/international-environmental-law/
5
http://erepository.uonbi.ac.ke/handle/11295/11642
law lends greater authority and coherence to divergent sectorial policies and fills gaps where
effective policies are incomplete or do not exist. The law also facilitates the transfer of
institutional policies and techniques from one political unit or system to another. This
harmonizing effect is particularly apparent within integrated regional systems such as the
European Union and federal systems such as the United States. But the systems themselves are
also becoming more congruent with each other. The growing structural convergence of the
European and United States systems is itself a good reason to undertake trans-Atlantic analysis
of institutional policies for regulating and managing resources6.
6. PROVIDING SUBSTANTIVE GUIDANCE FOR UTILIZING NATURAL
RESOURCES RESPONSIBLY
This objective is achieved through the principle of sustainable development. Conventions on
protection of biodiversity, protection against ozone layer depletion and the governing of shared
natural resources provides a direction on how states should utilize the available natural resources
for their benefits.
Sustainable development is an approach to economic planning that attempts to foster economic
growth while preserving the quality of the environment for future generations7

ENVIRONMENTAL INSTITUTIONS IN KENYA

There are several environmental institutions in Kenya that work to protect and conserve the
country's natural resources. Some of the key institutions include:
The Constitution
The Constitution of Kenya is not a specific environmental institution in Kenya, but it provides a
legal and policy framework that supports environmental conservation and protection. The
Constitution has several provisions that recognize and protect the environment as a fundamental
human right and a shared responsibility of all Kenyans.
Article 42 of the Constitution guarantees every person the right to a clean and healthy
environment, including the right to have the environment protected for the benefit of present and
future generations8. Article 69 requires the government to ensure sustainable exploitation,
utilization, management, and conservation of natural resources, including wildlife, forests, water,
and minerals.9
6
Thomas B. Stoel Professor of Law and Director of International Programs, Willamette University
College of Law. The author served as a United States member of a project entitled Trans-Atlantic
International Environmental Policy in Relation to Environmental Education, organized by the
Directorate General for Education and Culture of the European Commission and the United States
Department of Education (Atlantis Project P1 16J060002).
7
https://www.britannica.com/topic/environmental-law/Sustainable-development
8
Constitution of Kenya. (2010). Article 47. Nairobi, Kenya: National Council for Law Reporting with the Authority of
the Attorney General.
9
Constitution of Kenya. (2010). Article 69. Nairobi, Kenya: National Council for Law Reporting with the Authority of
the Attorney General.
The Constitution also established institutions that have a role in environmental conservation and
management, such as the National Land Commission (NLC)10 and the County Governments,
which are tasked with managing and regulating land use and ensuring sustainable development.
The Constitution also requires public participation in environmental decision-making processes,
giving citizens a voice in the management and protection of the environment.
Overall, the Constitution of Kenya provides a legal and policy framework that supports
environmental conservation and protection, making it an important instrument for environmental
governance in the country.

The Judiciary
The Kenyan Judiciary is not a specific environmental institution, but it plays an important role in
environmental governance in the country. The Judiciary is responsible for interpreting and
enforcing environmental laws and regulations, adjudicating disputes related to environmental
issues, and ensuring that environmental rights are protected.
In recent years, the Kenyan Judiciary has demonstrated its commitment to environmental
protection by issuing several landmark rulings that have had significant implications for
environmental governance in the country. For example, in 2017, the High Court of Kenya issued
a landmark ruling that declared the issuance of licenses for the construction of coal-fired power
plants in Lamu County to be unlawful and ordered the revocation of the licenses. This ruling was
hailed as a significant victory for environmental activists who had been advocating against the
construction of the coal-fired power plants due to their potential adverse impacts on the
environment and public health.11
Similarly, in 2019, the Court of Appeal in Kenya upheld a ruling that had ordered the
government to prepare and implement a plan to mitigate the effects of climate change. The ruling
was seen as a significant step towards ensuring that the government takes concrete actions to
address the impacts of climate change on the environment and human health.12
Overall, the Kenyan Judiciary plays a crucial role in environmental governance by ensuring that
environmental laws and regulations are enforced, environmental disputes are resolved fairly and
efficiently, and environmental rights are protected. Its decisions and rulings have far-reaching
implications for environmental conservation and management in the country.

Statutory Environmental institutions

10
Constitution of Kenya. (2010). Article 67. Nairobi, Kenya: National Council for Law Reporting with the Authority
of the Attorney General.
11
Kenya Law. (2017). Republic v National Environmental Management Authority & 2 others ex parte Save Lamu & 3
others [2017] eKLR. Retrieved from https://www.kenyalaw.org/caselaw/cases/view/143549/
12
Kenya Law. (2019). PETITION NO. 237 OF 2016 - Mohammed Jillo Wafula & 4 others vs. Ministry of
Environment, Water and Natural Resources & 3 others [2019] eKLR. Retrieved from
https://www.kenyalaw.org/caselaw/cases/view/174727/
Statutory environmental institutions are government entities that are created by law and have a
specific mandate to oversee environmental conservation and management. In Kenya, some of the
statutory environmental institutions include:
1. The National Environmental Management Authority (NEMA)
The National Environmental Management Authority (NEMA) is one of the key environmental
institutions in Kenya. NEMA is a statutory body established under the Environmental
Management and Coordination Act (EMCA) of 199913 and is responsible for the implementation
of environmental policies and regulations in the country.
NEMA has several functions, including:
1. Coordinating and overseeing all activities related to environmental management in
Kenya;
2. Developing and implementing environmental policies and guidelines;
3. Conducting research and promoting education on environmental matters;
4. Regulating and monitoring activities that have the potential to impact the environment;
5. Promoting sustainable development and the conservation of natural resources.
NEMA works closely with other government agencies, such as the Ministry of Environment and
Forestry, to ensure that environmental policies and regulations are effectively implemented. The
authority also collaborates with non-governmental organizations (NGOs) and other stakeholders
in the environmental sector to promote public awareness and participation in environmental
management.
NEMA has played a crucial role in addressing environmental challenges in Kenya, such as
pollution, deforestation, and climate change. The authority has been involved in the development
of various policies and regulations aimed at promoting sustainable development and protecting
the environment. NEMA's regulatory and monitoring functions have also helped to ensure that
industries and individuals comply with environmental laws and regulations.
2. Kenya Wildlife Service (KWS)
KWS is responsible for the conservation and management of wildlife in Kenya, including
national parks and reserves. It was established under the Wildlife Conservation and Management
Act of 2013.14
3. Kenya Forest Service (KFS)

13
Kenya Law. (1999). Environmental Management and Coordination Act No. 8 of 1999. Nairobi, Kenya:
National Council for Law Reporting with the Authority of the Attorney General. Retrieved from
https://www.kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/Environmental_Management_and_Coordi
nation_Act_No_8_of_1999.pdf
14
Kenya Law. (2013). Wildlife Conservation and Management Act No. 47 of 2013.
KFS is responsible for the management and conservation of Kenya's forest resources. It was
established under the Forest Conservation and Management Act of 2016.15
4. Water Resource Management Authority (WRMA)
WRMA is responsible for the management and regulation of water resources in Kenya. It was
established under the Water Act of 2016.16
5. Energy and Petroleum Regulatory Authority (EPRA)
EPRA is responsible for the regulation of the energy and petroleum sectors in Kenya, including
the promotion of renewable energy sources. It was established under the Energy Act of 2019.17

These statutory environmental institutions have specific mandates and powers to ensure that
environmental laws and policies are implemented, and environmental resources are conserved
and managed sustainably. They also provide guidance and support to other government agencies,
private sector entities, and the general public on matters related to environmental conservation
and management.

Non-Governmental Organizations (NGOs) Environmental Institutions

Non-Governmental Organizations (NGOs) can also be considered environmental institutions in
Kenya. Here are some examples of NGOs working in the environmental sector in Kenya:
1. Greenpeace Africa: An environmental NGO that campaigns on issues related to climate
change, pollution, deforestation, and overfishing.
2. African Wildlife Foundation: A conservation NGO that works to protect wildlife and
wild lands in Africa.
3. Wildlife-Direct: An NGO that focuses on the protection of endangered species such as
elephants, lions, and rhinos, through advocacy, law enforcement support, and education.
4. Nature Kenya: An NGO that works to conserve birds and their habitats in Kenya, and
also advocates for sustainable land use practices.
5. Kenya Climate Change Working Group: A network of NGOs working on climate change
mitigation and adaptation in Kenya.
6. Friends of Lake Turkana: An NGO that advocates for the protection of Lake Turkana and
the preservation of the cultures of the indigenous communities around the lake.

15
Kenya Law. (2016). Forest Conservation and Management Act No. 34 of 2016.
16
Kenya Law. (2016). Water Act No. 43 of 2016.
17
Kenya Law. (2019). Energy Act No. 12 of 2019.
 7. Kenya Water and Sanitation Civil Society Network: An NGO that focuses on water and
sanitation issues in Kenya, advocating for sustainable water management and equitable
access to water resources.
International Environmental Institutions in Kenya
Kenya recognizes and participates in several international environmental institutions that focus
on global environmental issues and promote sustainable development. Some of the key
international environmental institutions recognized by Kenya include:
1. United Nations Environment Programme (UNEP) - UNEP is the leading global
environmental authority that sets the environmental agenda and promotes the coherent
implementation of the environmental dimension of sustainable development. UNEP has
its headquarters in Nairobi, Kenya, and Kenya hosts the largest UNEP regional office in
Africa.
2. United Nations Framework Convention on Climate Change (UNFCCC) - UNFCCC is a
global environmental treaty that aims to stabilize greenhouse gas concentrations in the
atmosphere and prevent dangerous anthropogenic interference with the climate system.
Kenya is a party to the UNFCCC and participates in its various initiatives and programs.
3. Convention on International Trade in Endangered Species of Wild Fauna and Flora
(CITES) - CITES is an international treaty that regulates the trade in endangered species
of wild animals and plants to ensure their survival in the wild. Kenya is a party to CITES
and plays an active role in its implementation.
4. Ramsar Convention on Wetlands - The Ramsar Convention is an intergovernmental
treaty that provides the framework for the conservation and wise use of wetlands and
their resources. Kenya is a party to the Ramsar Convention and has designated several
wetlands as Ramsar sites.
5. Convention on Biological Diversity (CBD) - CBD is an international treaty that aims to
conserve biological diversity, promote the sustainable use of its components, and ensure
equitable sharing of benefits arising from the use of genetic resources. Kenya is a party to
the CBD and participates in its various initiatives and programs.
These international environmental institutions provide a platform for Kenya to collaborate with
other countries and stakeholders on global environmental issues and promote sustainable
development. Kenya's participation in these institutions also enables it to access international
funding, technical assistance, and expertise to support its environmental conservation and
management efforts.