Environmental Law Assignment

Simba a local investor, recently bought land to construct a school in Kwetu

County, in the Republic of Kenya. The construction of the school is in line with
the government policy of, “access to primary education by all children”. The
land on which the school is being constructed is part of Tajiri forest which
boarders Mitini village. Three months ago, residents of Mitini village were
woken up by loud noise from an old excavator, which had commenced road
construction leading to the site. Road construction has taken longer than
expected as the old excavator keeps breaking down and or emitting dark
smoke. The local mechanic has been engaged severally to carry out repairs.

Approximately ten acres of vegetation has been cleared at the site, to pave way
for construction of the school. Again excavators have been removing large
materials from the site. Several dump trucks have been transporting material
excavated from the road and construction site to an open field near Mitini
shopping centre. Residents have been informed that the same will be removed
as soon as a nearby land fill, which is under construction, is completed.

A construction worker at the site has confided in one of the community leaders
in Mitini village, that the sanitary facilities at the construction site are
insufficient. As such, waste from mobile toilets is dumped into a nearby
stream. Again, motor oil from the old construction machinery is dumped in the
same river. People living downstream can no longer use the water in their
households, for crops or even for livestock. Yet, agriculture is their mainstay.

Many residents of Mitini village have been complaining of respiratory and

hearing problems due to the massive amounts of dust and noise emanating
from the project. Further, they have to travel for long distances to fetch water
for domestic use and for animals. They have approached for advise on the
issues arising and the legal redress available to them.

Draw an articulate legal opinion for the residents of Mitini on the issues raised
herein and the legal redress available to them. (15 Marks)