Banks' environmental obligations: towards meeting the standards set by the new Kenyan constitution

Abstract

The Constitution of Kenya 2010 has heralded a new era in the arena of environmental law. For the first time in the history of the country, the protection and conservation of the environment has been entrenched in the Constitution. I This is a departure from the past, under the repealed Constitution, where right to life2 as well as that of Kenya being a 'democratic society" was interpreted to encompass right to clean and health environment. This position received judicial credence in the case of Subhash Kumar v State of Biha/ when the Supreme Court of India held that, 'right to life guaranteed by article 21 includes right of enjoyment of pollution- free water and air for full enjoyment of life." While in the case of Mureithi & 2 others vs. Attorney General & 4other6 the court was of the view that tenets of a democratic society required those entrusted with the management of natural resources, to be guided at all times by principles of good governance, transparency and accountability." This bold step puts Kenya in the league of over hundred (100) countries in the world which have specifically entrenched environmental rights in their Constitutions.