Research On The Environmental Legal System Of Kenya

Since the "Belt and Road" cooperation initiative(the Silk Road Economic Belt and the 21st-century Maritime Silk Road),China-Kenya relations have been upgraded to a comprehensive strategic partnership.In recent years,Kenya has become one of the countries with the largest investment by China in Africa.The investment is concentrated in the field of infrastructure construction and involves more environmental issues.Kenya is not only an economic power in Africa,it is also very effective in the field of environmental resources protection,and its distinctive characteristics such as wildlife protection and environmental court system.As the environmental protection efforts in Kenya increase,research on its environmental legal system will be an important part of safeguarding China's investment interests.The existing environmental legal system in Kenya is an institutionalized treatment of environmental resources that have accumulated over many years.The British colonists changed the state of the indigenous peoples' use of environmental resources in the past,devastatingly plundering and using natural resources.From 1895 to 1963,it caused irreversible damage to environmental resources in Kenya.After Kenya's independence in 1963,due to the inertia of the utilization mode,it still failed to change the mode for a long time,and the environmental conditions continued to deteriorate.It was not until 1999 that the Basic Environmental Law was adopted to build a basic framework for environmental protection,and a systematic environmental protection legal system construction process was started.In the legal system,a legal system was finally formed with the provisions of the constitutional environmental rights as the lead,the Environmental Management and Collaboration Law as the framework,supplemented by specific environmental resource elements and pollution protection regulations.In terms of specific systems,the environmental impact assessment system and the environment and land court system are the most important from the perspective of environmental protection strength and China 's investment practice.The former makes the Kenyan government have a firm basis for strict environmental review of the project.The latter gives judicial protection to environmental protection.On the whole,Kenya's environmental resource legal system has distinctive characteristics,forming a hierarchical system with the constitutional environmental rights as the core;in terms of the allocation of administrative responsibilities,the national environmental protection obligations are relatively concentrated;There is also the problem of insufficient coordination among specifications.From a practical point of view,it is very urgent to study the environmental legal system of Kenya.Many cases reflect that China 's investment in Kenya was terminated due to environmental legal issues and suffered significant losses.Through the analysis of judicial cases,China has at least invested in Kenya.It is necessary to pay attention to the following environmental legal issues: actively verify the ownership of the environmental resources involved in the project before investing in the project;substantively implement relevant regulations in the environmental impact assessment;and actively respond to environmental lawsuits after disputes occur.