Development was traditionally measured in terms of economic growth. Recently, there has been a significant push towards a holistic approach to development encompassing economic, social, environmental and political dimensions. Sustainable development embodies this balance, ensuring that the present needs are met without compromising the ability of future generations to meet theirs. The Owino-Uhuru case exemplifies the tension between industrial activity and environmental protection. A metal refinery company operated in Owino-Uhuru village where they disposed of hazardous waste causing severe lead poisoning to the residents leading to chronic terminal illnesses and death. This case underscores the need to balance development and environmental protection to safeguard and promote societal well-being. This paper examines Kenya’s constitutional and statutory frameworks governing the right to a healthy environment in Kenya, particularly the Constitution of Kenya (2010) and the nvironmental Management and Coordination Act (1999). Through analysis of the Kenyan legal framework, this paper explores the balance between the need to conserve the environment while meeting developmental goals.
December 5, 2025