The Implementation of Environmental Treaties in Kenya

Abstract

This project investigates the implementation of environmental treaties particularly the multilateral environmental agreements (MEAs). The project uses a conceptual framework of analysis that looks at the conversion of treaties from initiation through negotiation, transformation and implementation. The project begins by examining the historical aspects of environmental treaties in Kenya, and the effect on them by changing national constitutions. It investigates the role, adaptation into the legal system and the importance of environmental treaties in the country. The methodology of investigation includes an inventory of the signed treaties, the level of completion of these treaties up to their implementation stage. This project used information collected using interviews and discussions with government officials, review of literature on treaty development processes and examination of the influence of the executive, legislature and other interests on the treaties. The study concludes that the implementation of the MEAs in Kenya is lead by the executive, tends to be done in a piece meal basis notwithstanding the adoption of policies and laws that would support the implementation of the MEAs. It is also clear that there is a delink between the treaty implementers and the treaty negotiators resulting in poor adoption of the treaties.