As the Diaspora University Town (DUT) plan was set up one of the considerations was the Kenya Constitution 2010 articles 42, 69 and 70. Kenyans through these laws in 2010 stopped the sub-division and sale of plots by: Incorporating in the Kenya Constitution preamble respect for the environment; in Kenya Constitution 42 Kenyans established the Environment right; in Kenya Constitution 69 they wrote the obligations in respect of the environment; and, in Kenya constitution 70 they put a constitutional law on the enforcement of environmental rights.
Kenyan preamble on the environment reads as follows: “We, the people of Kenya— RESPECTFUL of the environment, which is our heritage, and determined to sustain it for the benefit of future generations: ADOPT, ENACT and give this Constitution to ourselves and to our future generations.”
Kenya Constitution article 42 states, “Every person has the right to a clean and healthy environment, which includes the right— (a) to have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated in Article 69; and (b) to have obligations relating to the environment fulfilled under Article 70.
Kenya Constitution article 69 states, “(1) The State shall— (a) ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits; (b) work to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya; (c) protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities; (d) encourage public participation in the management, protection and conservation of the environment; (e) protect genetic resources and biological diversity; (f) establish systems of environmental impact assessment, environmental audit and monitoring of the environment; (g) eliminate processes and activities that are likely to endanger the environment; and (h) utilise the environment and natural resources for the benefit of the people of Kenya."
Kenya Constitution 70 states, “(1) If a person alleges that a right to a clean and healthy environment recognised and protected under Article 42 has been, is being or is likely to be, denied, violated, infringed or threatened, the person may apply to a court for redress in addition to any other legal remedies that are available in respect to the same matter.”
Buying of land and sub-diving to plots was stopped by Kenya Constitution for it does not take into consideration the roads paving, the waste water management, the waste management system, the storm water management and other plans and systems needed to sustain the environment.
Kenyans should not be surprised if constitutional rights cases to enforce the environment start to be filed. Diaspora University Town (DUT) development system was put to place with consideration of meeting the Kenya constitution 42 right of clean and healthy environment.
