Locus Standi: New Law Empowers Citizens to Sue Neighbours Over Dirty Homes & Fines Incurred
Mamo Boru, the Director General of the National Environment Management Authority (NEMA), stated on Thursday that all Kenyan citizens are entitled to a pollution-free environment, provided that individuals maintain cleanliness in their immediate surroundings.
Consequently, the Environmental Management and Coordination Act (EMCA) implemented a fresh legislation called Locus Standi, granting the legal authority to sue individuals for environmental offenses.
The law was introduced based on a legal action initiated by the late Prof. Wangari Maathai against the State concerning the development of a complex in Uhuru Park. The court ruled that Maathai lacked the legal standing (locus standi), leading to the dismissal of the case.
“We came up with the only environmental framework law in 1999-the Environmental Management and Coordination Act (EMCA) that wholistically looked into the environmental issues in the country.”
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“Before 1999, environmental laws were scattered into 78 statutes which were brought into one umbrella-EMCA,” the DG stated.
As per the legislation, NEMA requires every individual in Kenya to take necessary steps to prevent the creation of waste or ensure proper disposal of any generated waste.
Families are anticipated to diminish, repurpose, recycle, and reclaim waste, while also embracing the principles of a circular economy for effective waste management.
Additional criteria involve the separation of waste at its origin and reducing the overall quantity of generated waste.
“Every citizen shall ensure that they manage their waste in such a manner that does not endanger their health or the environment or cause a nuisance through the noise, odor or visual impacts,” read the Act in part.
Fines and Jail Term
If proven guilty, the Act suggests potential imprisonment of up to six months for the offenders.
“A person who does not manage waste by the provisions subsection (1) above commits an offense and shall, upon conviction, be liable to a fine not exceeding Ksh 50,000 or to or a term of imprisonment not exceeding six months, or to both,” added the Act.
Mamo also pointed out that the Locus Standi legislation provides individuals with an opportunity to take legal action against influential individuals, including government officials and employees of companies.
“Kenyans being very litigious, I now have 104 cases in court,” the DG poised.
“We have a progressive Constitution; many people call it a green constitution. If you look from the preamble it talks about our environment being our heritage that must be conserved for the current and future generations,” the DG noted. He further postulated that every Kenyan has a right to keep their surroundings clean.
Locus Standi: New Law Empowers Citizens to Sue Neighbours Over Dirty Homes & Fines Incurred
