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Championing Environmental Rights and Public Health in the Courts
By Gilbert, Advocate of the High Court of Kenya Representing the African Centre for Corrective and Preventive Action (ACCPA) alongside activist Kelvin Mugambi Kubai in a petition before the Environment and Land Court, we are fighting to end the sale and use of toxic pesticides in Kenya.
Justice for Kenya’s Farmers: NGA Advocates Advances Landmark Case Against Toxic Pesticides
Background and Purpose of the Case
At the heart of this case lies a critical concern: the continued sale and use of pesticides that have long been banned in other countries due to their well-documented risks. Substances such as glyphosate, paraquat, chlorpyrifos, and imidacloprid have been linked to cancers, reproductive health complications, neurodegenerative conditions, and the destruction of pollinators vital to agriculture. Their circulation in Kenya undermines the constitutional guarantees of the right to life, health, safe food, and a clean and healthy environment.
Through this petition, we are seeking the withdrawal of these harmful products from the Kenyan market, compensation for those already affected, and the promotion of safer alternatives to protect farmers, consumers, and the environment.
The Court’s Landmark Directive
This week, Hon. Justice Grace Kemei delivered a significant ruling. While the Court has not yet made a final determination on whether the pesticides will be prohibited, it directed that public notices be issued to invite affected persons to join the proceedings.
This directive is of great importance, as it ensures that victims and communities have an opportunity to be heard, their experiences documented, and their evidence tested in a proper forum. It transforms individual suffering into a collective call for justice and accountability.
What the Ruling Means
For us, and for the people we represent, this ruling marks an important step forward. It strengthens the petition, broadens public participation, and reaffirms that the pursuit of safer food systems and a healthier environment is both legitimate and necessary.
No Kenyan should ever be forced to choose between securing a livelihood and safeguarding their health. This case symbolizes that environmental justice is not just a principle — it is a right, and it is one that NGA Advocates will continue to defend vigorously in every forum available.
NGA Advocates’ Commitment
As the legal representatives in this case, NGA Advocates remains steadfast in our mission to uphold environmental integrity, defend public health, and ensure that the Constitution’s promise of a clean and healthy environment is realized in practice.
- We will continue to pursue accountability from pesticide manufacturers and distributors.
- We will support affected farmers and communities to claim their rights and seek redress.
- We will advocate for reforms that strengthen environmental regulation and public participation.
- We will remain vigilant in ensuring compliance with court orders and legal standards of safety.
This victory represents not only progress in the courts but a deeper recognition that Kenya’s path to sustainable agriculture must be founded on safety, accountability, and human dignity.
Authored by NGA Advocates – Environmental & Public Interest Division
Visit ngaadvocates.com for more updates on our public interest cases and advocacy work.