October 17, 2024, Nairobi — Natural Justice has filed a landmark petition at the Environment and Land Court in Nairobi to safeguard the right to information as a cornerstone of environmental justice. The petition seeks to compel the National Environment Management Authority (NEMA) to establish a clear and prescriptive framework for communicating its statutory decisions, ensuring communities are adequately informed and empowered to act.
The petition, grounded in Article 35 of the Constitution and Section 129 of the Environmental Management and Coordination Act (EMCA), highlights critical gaps in the current system. It argues that NEMA’s opaque notification processes hinder local communities’ access to vital information, impeding their ability to challenge Environmental Impact Assessment (EIA) licenses within the mandated 60-day window. Without a transparent mechanism, many community members remain unaware when a license is issued, denying them their constitutional right to a clean and healthy environment.
“Access to information is essential, especially for communities affected by projects who cannot easily reach NEMA’s offices to track decisions impacting their lives. This case marks a critical turning point, aiming to ensure that NEMA’s decisions are accessible to all, promoting transparency, accountability, and the right to a clean and healthy environment. We are hopeful for a positive outcome that will empower communities and set a new standard for environmental governance.”
— Dale Onyango, Senior Programmes Officer, Natural Justice
The petition responds to longstanding challenges faced by communities, particularly those in remote areas, who often experience significant delays or outright denials when seeking information from NEMA. This lack of timely access prevents them from contesting licenses that may pose serious environmental and social risks.
Recent court rulings have acknowledged these challenges, urging legislative reforms to clarify NEMA’s communication processes. While parliamentary action remains pending, this legal intervention seeks to fast-track reforms through the judiciary.
A favourable judgment in this case would revolutionize the licensing process, making it more transparent and accessible. By strengthening access to environmental information, the case has the potential to advance environmental justice and empower communities to hold duty-bearers accountable.
