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Charles Lukeyen Nabori and 9 Others V Attorney General and Another.

País/Territorio
Kenya
Tipo de la corte
Nacional - corte superior
Fecha
Dic 11, 2008
Fuente
UNEP, InforMEA
Nombre del tribunal
High Court of Kenya at Nairobi
Juez
Aganyanya, D.K.S.
Idioma
Inglés
Materia
Cuestiones jurídicas, Especies silvestres y ecosistemas
Palabra clave
Especies exóticas Biodiversidad
Resumen
The Kenyan government and the Food Agricultural Organization undertook a joint project in 1982 that introduced prosopis juliflora (“the weed”) in baringo district. Petitioners claimed that the weed had caused extensive damage to the lake basin ecosystem and it had become dangerous. They claimed the government had shown no efforts to solve the problem and that the right to a clean and healthy environment was being breached by its unabated spread. Therefore they asked whether the weed could be declared a noxious weed in the same category with other weeds set out in the suppression of Noxious Weeds Act-Environment Management and Coordination Act, and the Suppression of Noxious weeds Act. Petitioners seeked the declarations, inter alia, that their rights to life as set out in section 71 of the Constitution had been compromised by the introduction of the weed, the respondents claimed that section 3(3) of The Environment Management and Coordination Act did not create any rights for the petitioners under the Constitution. Petition was dismissed based on the fact that the noxious effects could not be foressen at the time the plant was introduced, and no specific subject could be considered respomsible, and that there were not sufficient evidence of the infringement of the constitutional rights.
Texto completo
COU-158572.pdf