Chapter 15: The role of the Environment and Land Court in governing natural resources in Kenya

Abstract

Kenya’s 2010 Constitution reformed the structure of the judiciary to enhance access to justice.1 One of the innovations was the creation of a specialised court with the status of the High Court to “hear and determine disputes relating to the environment and use and occupation of, and title to land”.2 With the establishment of this court, Kenya joined countries that have adopted specialised courts and tribunals to respond to environmental challenges. The main goals in establishing specialised courts are two-fold. The first is as a case management tool to improve the quantity and quality of cases handled, when compared to general courts.3 The second imperative is to develop an alternative jurisprudence that moves from the traditional ‘legalistic’ adjudications to a more ‘problem-solving’, ‘therapeutic’ or ‘interdisciplinary’ approach.4 Consequently, environment courts and tribunals –5