ABSTRACT
Kenya has passed an array of environmental legislation on forest protection, among them: the Forest Conservation and Management Act, Environmental Management and Coordination Act (EMCA), Wildlife Conservation and Management Act, Land Act, and others. The National Environmental Management Authority (NEMA), established under EMCA, plays a supervisory role on sectoral agencies, such as the Kenya Forest Service (KFS), which enforces the law on forest protection. Courts in Kenya are encouraged to not resort to technicalities. The Courts have also been keen on enhancing the role of public bodies, such as the Kenya Forest Service, as caretakers of forests in the service of public good. The courts in Kenya need to be more proactive in the adoption of international law and principles. This principle is yet to be championed in and by the Kenyan courts with regard to forest protection.
