Going to court to protect the environment
Constitution of Kenya; Environmental Management and Co-ordination Act · sources read 5 Oct 2026
Anyone who says the right to a clean and healthy environment is being violated or threatened can go to court, and does not have to show they personally suffered loss or injury. The court can stop the harm, order officials to act, order clean-up and order compensation.
- Deadline
- 60 days from a NEMA decision to appeal to the National Environment Tribunal.
- Deadline
- 30 days from the Tribunal's decision to appeal to the Environment and Land Court.
- Where
- The Environment and Land Court (stations across the country, listed on judiciary.go.ke).
Steps
- File your case at the Environment and Land Court. The law gives it power to hear disputes about environmental planning and protection, climate issues, land use planning, and mining, minerals and other natural resources.
- Explain the harm and ask for the orders you need: stop the harmful activity, make a public officer act, or compensate victims.
- You can also ask the court to order an environmental audit or make whoever caused the damage restore the environment.
- Going to court does not stop you from using other legal remedies, available for the same problem.
Watch out
- You do not need to prove that you or anyone else lost money or was injured.
- The case must not be frivolous, vexatious or an abuse of the court process.
- Rights come with a duty: everyone must help protect and conserve the environment.
- If your complaint is about a NEMA decision (a licence or permit granted, refused or transferred, its conditions, a fee, or a restoration order), the route is an appeal to the National Environment Tribunal, not straight to court.
Who this covers
- Every person in Kenya. The right to a clean and healthy environment belongs to everyone.
- You can go to court for yourself, for a group, for members of an association, or in the public interest.
Official sources (4)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- Environmental Management and Co-ordination Act (Cap. 387), revision as at 31 December 2022 nema.go.ke · read 4 Oct 2026
- Environment and Land Court judiciary.go.ke · read 2 Oct 2026
- Environment and Land Court Act, 2011 (No. 19 of 2011) new.kenyalaw.org · read 5 Oct 2026