Realizing Environmental Justice Through Litigation
Kariuki Muigua
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Abstract: This legal commentary explores the evolving jurisprudence around environmental justice in Kenya, focusing on how litigation has expanded access to remedies and enhanced citizen participation in environmental governance. It reviews foundational legal instruments such as EMCA, the Constitution (Article 42 and 69), and judicial precedents set by the Environment and Land Court (ELC). Through case studies?including Peter K. Waweru v. Republic, Friends of Lake Turkana Trust v. AG, and the Owino Uhuru case?it examines litigation?s role in securing the right to a clean and healthy environment. The paper highlights litigation?s value as both a corrective tool and a public engagement strategy, offering procedural redress in areas like pollution control, forest conservation, and land allocation. It also critiques barriers to justice such as high costs, technical limitations, and procedural delays. Recommendations include legal aid expansion, court devolution, and harmonization of climate-related jurisprudence with global environmental law trends.