Human rights and environmental protection are closely linked, hence the guarantee and right to a clean environment. However, this crucial right has majorly been overlooked. Majority of human rights organizations have focused more on individual and group rights, such as rights of indigenous people, children’s rights, disability rights, education rights with less emphasis on environmental rights. Consequently, this has led to the negative effects of environmental degradation, ecosystems decline, water shortages, fisheries depletion, natural disasters due to deforestation, unsafe management and disposal of dangerous waste products.
Article 42 of the Constitution of Kenya 2010 provides for the right to a clean and healthy environment, which includes the right to have the environment protected for the benefit of present and future generations through various measures and obligations relating to the environment.