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This article is based on the research project "Violence Against Environmental Defenders in Mining (VIA)," funded by the Swiss National Science Foundation (SNSF IZSTZ0_202601). Kenya stands at a defining moment in its environmental governance journey with Environmental Human Rights Defenders (EHRDs) playing an essential role in upholding the constitutional right to a clean and healthy environment (Mwanza, 2020). These defenders—ranging from community activists to public interest litigators—serve as the frontline against environmentally destructive activities. In the face of rapid development drive to achieve Vision 20301 and Africa Agenda 20632, EHRDs have become indispensable actors in ensuring accountability, transparency, and sustainable resource management of environmental resources (Khanna and Le Billon, 2021). To fast-track development, several laws have been enacted to attract investment, finance and to offer business-friendly environment3. This push carries with it the potential of adversely affecting the environment. EHRDs advocacy has halted several such destructive ventures in Kenya—from illegal activities in the Mau Forest to proposed projects like the Lamu Coal Plant—and helped enforce laws such as the Community Land Act, the Land Act, and the Environmental Management and Coordination Act. Their vigilance gives practical meaning to Article 42 of the Constitution and safeguards communities whose livelihoods depend on sustainable ecosystems. In many rural regions, where state oversight is limited, defenders remain the only effective watchdogs capable of challenging powerful government and corporate interests. The need to protect their activities is therefore obvious. However, despite Kenya’s progressive legal framework, EHRDs increasingly face intimidation, harassment, arbitrary arrests, digital surveillance, and physical violence. For instance, Joel Ogada4, was sentenced to 7 years imprisonment on fabricated charges for his opposition against salt mining on the coast of Kenya. Phyllis Omido5 (winner of the Goldman environmental prize for her activism against lead smelting plant near Mombasa) went into hiding following multiple assaults and death threats from those opposed to her advocacy work. This contradiction between strong constitutional protections and weak on-the-ground safeguards highlights a critical gap in national protection mechanisms. There is also the argument as to whether there is need for enactment of a standalone law to protect EHRDs—or possible, have a combination of the two |
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