Adopting A National Law To Protect Environmental Human Rights Defenders (EHRDs) In Kenya

Natural Justice


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Abstract: This report critically examines the threats facing Environmental Human Rights Defenders (EHRDs) in Kenya and proposes legal reforms to safeguard their work. It highlights increasing global patterns of violence, intimidation, and criminalization of defenders, with Kenya being no exception. Cases of harassment, threats, and murder?particularly in regions such as Lamu and Kiambu?have escalated, often linked to opposition against large-scale development projects and environmental degradation. Despite Kenya?s constitutional guarantees and international obligations, the legal protection for EHRDs remains fragmented and largely inferential, relying on general laws such as the Witness Protection Act and the Public Order Act. The lack of a dedicated legal framework enables impunity and undermines civic space. Corruption, weak enforcement, and politicized development agendas further exacerbate vulnerabilities. Indigenous defenders face disproportionate risks, and women activists encounter compounded threats. The report advocates for the enactment of a national law recognizing EHRDs, alignment with international treaties, revision of restrictive policies, and institutional reforms to uphold environmental justice and accountability.

Author:
Eva Maria Anyango Okoth, Winnie Changwony
Theme/Sector:
Climate Justice, Governance, Civil Society, Environment and Natural Resources
Year
2023