A HANDBOOK FOR ENVIRONMENTAL AND LAND RIGHTS DEFENDERS IN KENYA

This guide, published by Natural Justice, provides legal empowerment and practical resources for environmental and land rights defenders (ELRDs) in Kenya. It outlines the constitutional and statutory rights of activists, identifies the systemic threats they face—including harassment and forced evictions—and provides a step-by-step directory of national and international institutions and civil society organisations available for seeking redress and emergency support.

• Environmental and land rights defenders in Kenya face significant risks, including harassment, intimidation, and violence, often linked to mega development projects, the extractive industry, and conservation initiatives. A 2018 study by the National Coalition for Human Rights Defenders and Human Rights Watch documented at least 35 cases of harassment and intimidation by government officials and law enforcers regarding the Lamu Port South Sudan Ethiopian Transport Corridor (LAPSSET) project.
• The Kenyan Constitution of 2010 provides a progressive framework for protecting defenders, including Article 42 (right to a clean and healthy environment), Article 33 (freedom of expression), Article 35 (right of access to information), and Article 37 (right to assembly, demonstration, picketing and petition). However, the document notes that these rights are often undermined by poor governance and a lack of enforcement.
• Several national statutes supplement constitutional protections, such as the Environmental Management and Coordination Act No. 8 of 1999, the Prevention of Torture Act No. 12 of 2017, and the Access to Information Act No. 31 of 2016. The latter is particularly vital for defenders to obtain Environmental and Social Impact Assessment (ESIA) and Strategic Environmental Assessment (SEA) reports to make informed decisions.
• Key drivers of threats against defenders in Kenya include competition over scarce natural resources, power inequality between marginalised communities and private/state actors, and the compromise of the rule of law. The government sometimes labels activists as "enemies of the state" or "enemies of development" to justify silencing them.
• State actors, including the police and military, are identified as primary perpetrators of human rights abuses. Examples include the coordinated evictions of the Sengwer and Ogiek communities from the Embobut and Mau forests by the Kenya Forest Service (KFS) in July 2020, which occurred despite a moratorium on forced evictions during the pandemic.
• Defenders can seek redress through several national administrative bodies: the Commission on Administrative Justice (CAJ) for abuse of power or information denials; the Independent Policing Oversight Authority (IPOA) for police misconduct; the Kenya National Commission on Human Rights (KNCHR) for general human rights abuses; and the Office of the Director of Public Prosecutions (ODPP) for criminal acts.
• The African Environmental Defenders Emergency Fund provides grants to frontline defenders in any African country who face imminent threat or harm and have not secured other support. Eligible applicants must provide evidence such as arrest warrants, medical reports, or news articles to support their claims.
• The document highlights successful legal actions by defenders, such as the Lamu Coal Plant case, where the National Environmental Tribunal blocked a 1,050 MW coal-fired power plant due to inadequate public participation and lack of climate risk assessment, and the Owino Uhuru case, which awarded Ksh. 1.3 billion in damages for pollution from a lead-acid battery recycling industry.

APA

Okoth, E. M. A., Ngachi, S., & Onyango, D. (n.d.). A HANDBOOK FOR ENVIRONMENTAL AND LAND RIGHTS DEFENDERS IN KENYA. Natural Justice. https://naturaljustice.org/wp-content/uploads/2023/07/KENYA-HANDBOOK-FOR-ENVIRONMENTAL-AND-LAND-RIGHTS-DEFENDERS-V4.pdf

Chicago

Okoth, Eva Maria Anyango, Sarah Ngachi, and Dale Onyango. A HANDBOOK FOR ENVIRONMENTAL AND LAND RIGHTS DEFENDERS IN KENYA. Natural Justice, n.d. https://naturaljustice.org/wp-content/uploads/2023/07/KENYA-HANDBOOK-FOR-ENVIRONMENTAL-AND-LAND-RIGHTS-DEFENDERS-V4.pdf.

Wikipedia

{{cite report |last1=Okoth |first1=Eva Maria Anyango |last2=Ngachi |first2=Sarah |last3=Onyango |first3=Dale |title=A HANDBOOK FOR ENVIRONMENTAL AND LAND RIGHTS DEFENDERS IN KENYA |publisher=Natural Justice |url=https://naturaljustice.org/wp-content/uploads/2023/07/KENYA-HANDBOOK-FOR-ENVIRONMENTAL-AND-LAND-RIGHTS-DEFENDERS-V4.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{okothndhandbook, author = {Okoth, Eva Maria Anyango and Ngachi, Sarah and Onyango, Dale}, title = {{A HANDBOOK FOR ENVIRONMENTAL AND LAND RIGHTS DEFENDERS IN KENYA}}, institution = {Natural Justice}, url = {https://naturaljustice.org/wp-content/uploads/2023/07/KENYA-HANDBOOK-FOR-ENVIRONMENTAL-AND-LAND-RIGHTS-DEFENDERS-V4.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }