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QUARTERLY NEWSLETTER FOR THE CENTER FOR
JUSTICE GOVERNANCE AND ENVIRONMENTAL ACTION
TUNA SAUTI NEWSLETTER | 2015
ForewordOver the past 5years The Center for Justice Governance
& Environmental Action (CJGEA) and partners, have successfully
implemented the project entitled “Tuna Sauti” which has been
central in amplifying the voices of the Owino Uhuru community in
Mombasa to advocate for and access to clean environment and socio
economic justice.
CJGEA has applied a Human Rights Based Approach to Environmental
protection in communities affectedby the Extractive Industries in
Kenya, drawing synergies of awareness on climate change, mitigation
and carbon Emissions. The case of Owino Uhuru is one of injustices
inflicted on a voiceless community by investors driven by greed to
disregard basic human rights in their quest to make super normal
profits. The (pb) lead smelters have over time have conducted their
business with no regard to the health of their staff and the
community living around the area and have continued to wantonly
release hazardous emissions into the environment.
The “Tuna Sauti” project has enabled us, to penetrate and
scrutinize the key processes and systems of government, which are
key for the realization of the right to a clean, healthy and
sustainable environment. This is as enshrined in Article 69 and 70
of the constitution of Kenya and other regional and international
instruments.
We have recorded major milestones with the Senate Committee on
Health visiting the affected communities. Also after we highlighted
the magnitude of the effects of environmental pollution to the
Owino Uhuru community, key government agencies like the Center For
Disease Control and the Ministry of Health moved in to conduct a
prevalence study of children's blood lead and environmental lead
samples, to ascertain the effect of the lead smelter to the myriad
of health complications afflicting the community members. This
report should be out in March 2015 and will be a game changer to
our work.
Environmental Human Rights is a fairly new concept both In Kenya
and Internationally. CJGEA is privileged tobe among the pioneers of
this concept. It remains factual that there are close linkages
between the environment and the enjoyment of human rights, that
justify an integrated approach to environment and human rights.
Extractive Industry in Kenya for instance, is a powerful method of
growing the economy, however if the sector is mismanaged, and
exploitation precedes carelessness, natural resource extraction is
accompanied by corruption, inequality and human rights violations
it leads to irreparable environmental damage which poisons the
sources of livelihoods and health of people for generations. This
is best depictedin the case of the Owino Uhuru community.
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If the environment is not protected the first casualty of the
repercussions becomes those that depend directly on the environment
for habitat and livelihoods e.g. water. There are three main
dimensions of theinter-relationship between human rights and
environmental protection:
The environment as a pre-requisite for the enjoyment of human
rights (implying that human rights obligations of States should
include the duty to ensure the level of environmental protection
necessary to allow the full exercise of protected rights); Certain
human rights, especially access to information, participation in
decision-making, and access to justice in environmental matters, as
essential to good environmental decision-making (implying that
human rights must be implemented in order to ensure environmental
protection); and The right to a safe, healthy and ecologically
balanced environment as a human right in itself (this approach has
been debated).
It is therefore a great opportunity that CJGEA has to ensure
responsible involvement through our programmes. It therefore
becomes vital that CJGEA can count on all stakeholders involved at
all communitylevels to work in concerted effort to create change by
ensuring the protection of these rights.
Phyllis OmidoFounder, CJGEA
TUNA SAUTI NEWSLETTER | 20152
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Introduction
Center for Justice Governance and Environmental Action was
founded in 2009 in response to challenges facing communities
residing around Extractive Industries in Kenyan Coastal region. It
is registered as Non profit Organization and its operations are
guided by its constitution. Overseen by its Board of Governors
drawn from the civil Society in Kenya and internationally.
Our Vision
In the next decade to have moulded a generation that
understands, respects and integrates human rights and the
environment
Our Mission
To amplify the voices of the economically marginalised
communities residing around extractive industries, to courageously
call for and enable access to environment and socio-economic
justice.
The mission statement has been realized through actions such as:
Supporting and creating space for its communities in their course
to challenge the responsibility of the state and Non state actors
towards environment protection and access to socio-economic rights
to eradicate poverty, injustice and inequality that surrounds
communities around extractive industries. Building capacities and
awareness of community issues by organising public picketing and
media campaigns; and educating communities on local and
International instruments available for advocacy e.g. through the
dissemination of information, publications, media-work, campaigns
and organising events etc.Participation in international networks
supporting communities to do the so. Influencing political
decision-making that affects the creation of better policies and
decision making on Environmental Issues.
Our Core Values:
Respect for the Environment.
Respect for human rights.
Activism and Service through volunteerism.
Commitment to justice, Equality and the rule of Law for all.
Solidarity with the poor and pro poor individuals and
agencies.
CJGEA and its members will Influence political and policy
decisionmaking in order to influence sustainable
Environmental Governance in line with local, regional and
international instruments in Kenya
CJGEA and our membership will work together to influence public
opinion in Kenya and increase
CJGEA'S activities that promote environment and social
justice.
CJGEA strengthen the capacity of its community membership to
sustain all environmental movements
CJGEA's activities have been anchored on the following thematic
areas:
Themes: Climate Change and Environmental Governance, Activism
and Human rights, Legal Aid, Education and Empowerment.
Target groups: Communities around extractive Industries, Poor
and Vulnerable, government, political leaders, Industrialists, MPs
and civil servants, global processes in joint CSO-campaigns &
advocacy work
Cjgea´s Strategic Objectives
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TUNA SAUTI NEWSLETTER | 20154
CJGEA's Key Projects 2015
1) Tuna Sauti PIL
Introduction and Background
Lead (Pb) smelting industries have been cropping up in the slum
neighbourhoods around Changamwe area in Mombasa County in the past
decades. Since the commencement of these industries' activities,
the surrounding communities have reported negative environment and
health repercussions. Children have visible symptoms of lead
poisoning and blood tests carried out randomly in the community
revealed that all people tested had above-normal blood lead levels
(BLL) according to WHO standards. The tests on vegetation, soil,
and air and storm water also recorded dangerous lead levels.
These industries have direct impact on the right to a clean,
healthy and sustainable environment of people and where they live.
Laws and institutions were set up to regulate the activities and
the likely violation of peoples rights from these industries.
However, the enforcement of these laws has been wanting and have
not provided any solace to the affected communities.
CJGEA has pioneered the integration of human rights in
environmental protection in Kenya through the introduction of a
class action seeking accountability from state organs in charge of
public health and environment protection and to seek redress for
the affected people who cannot afford seeking justice on their own.
Kenya's new constitution sets out rules facilitating actions
against state organs as well as public interest proceedings,
including class actions suits. In addition to supporting people to
realize their human rights and seek redress for the violations,
CJGEA has also moved to hold the State to enhance the protection of
its citizens from the effects of pollution caused by the smelting
industries.
The aim of this project is to mainstream human rights based
approach towards dealing with environmental issues. This has been
achieved through setting legal precedents, human rights training,
media fellowships and awareness campaigns designed in handling
human rights perspectives towards the extractive industry sector in
Kenya. CJGEA also works to influence changes in environmental
policy, based on the promotion of social justice and sustainable
development through human rights realization.
The project's framework consist of a series of actions that seek
to change in the implementation of Kenyan environmental
legislation, leading to more efficient enforcement of existing
legal and administrative mechanisms in the way to handle
environmental issues. In undertaking these actions, the affected
community have become empowered to voice their concerns and also
promote harmonious co-existence of natural, human and industrial
resources. The project aims to leverage these actions to ensure a
safe region for all its inhabitants through the use of the new
constitutional dispensation.
This project seeks to challenge the responsibility of state and
non-state actors, towards environment and protection of other
socio-economic rights, including the corporate responsibility of
all players that has leadto the Mass Poisoning of the Owino Uhuru
community. “Tuna Sauti” seeks to not only challenge the State
toenforce the constitution and the private actors to respect their
environmental/Human rights responsibilities, but also to give voice
to those that are systematically not listened to, and cause these
voices to resound and bring about tangible change that will
positively affect Kenya and create a platform for accountability
from the leaders resulting to protecting the human right to a clean
and a healthy environment.
2) Media Fellowship And Capacity Building Project
The Overall Objective of this project is to conduct a media
fellowship on the right to a clean and healthy environment in a
human rights based approach, by using media engagement strategies
coupled with civil society activism to challenge violations
occurring in business and environment systems; inappropriate state
and non-state action.
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3) Miti Kwa Vitukuu
“Miti Kwa Vitukuu” meaning “Tree's A Heritage For Our Grand
Children”.
The Project goal is to stop logging without mitigation and
promote afforestation as climate change mitigation
4) Right to Environment Education Project
“ELIMU BORA SI BORA ELIMU” translated as give quality education
not whatever education
The Right to Education is enshrined in many international
instruments and in the Kenyan constitution Article 43 Section ( 1)
subsection ( f). Part of the solution to environment protection is
the need to educate our masses and have qualified environment
experts entrenched into our environmental systems. Effective
environmental education is about education in, about, and for the
environment. It doesn't reach its full potential until learners
have personalized their knowledge, made decisions on how to address
issues, and reflected on that action.
Involvement of CJGEA in Issues of Environment and social justice
of vulnerable groups is one of the mandates of CJGEA. In this case
conducting advocacy both in court and outside in order to raise
both the public and policy makers' awareness of the country's
laxity in Environmental management Issues including the right to
environmental education.
The campaign is vital for supporting national efforts to achieve
education for all and promote learning at all levels. This
intervention is especially very timely considering the growth of
the Extractive industry in Kenya especiallly the oil and Gas
sector. Even though Kenya was the Host of the first ever UNEA
conference and proudly hosts the UNEP head quarters, it has
continues to be a violator of Environmental rights. Exampleis the
Owino Uhuru lead poisoning case. Kenya must walk the talk and it
begins with the basics of allowing scholars in the area of
Environment to emerge from its Education system. The Lead poisoning
case has enabled us to penetrate and scrutinize the key processes
and systems of government which are key for the realization of the
right to a clean, healthy and sustainable environment as enshrined
in Article 69 and 70 of the constitution of Kenya. Unfortunately,
Lack of expertise is one of the main failures of environmental
systems in Kenya.
Chronology of the course
The origin of Environmental and Biosystems Engineering at the
University of Nairobi can be traced back to1965 when the Department
of Mechanical Engineering, Faculty of Engineering introduced a
section in Agricultural Engineering focusing on Agricultural
Process Engineering. The Department of Agricultural Engineering of
University of Nairobi was established in 1975 originally as the
Department of Agricultural Mechanization and Farm planning. The
name was then changed in 1976 to Department of Agricultural
Engineering.
In 2003, the University of Nairobi senate ratified the change of
name of the Department and the degree program to Environmental and
Biosystems engineering to reflect the content and intent of the
Department's academic, research and consultancy services and to
keep in tune with the expanding global challenges and demands.
As a University Department, the objectives of teaching,
research, development and advancement of scientific knowledge in
the application of Environmental engineering is captured through a
dynamic curricular offered through undergraduate and post graduate
programmes. So far more than 550 graduates and 105 masters'
students and 6 PhD students have graduated from the department.
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The specific objective of the programme is to produce engineers
who will fulfill the requirements of potential employers in various
engineering fields and in particular bio-processing systems design,
design and development of farm machinery, energy resources
management, design and production of bio-processing machines and
structures, environmental waste management, irrigation and drainage
engineering, soil and water conservation and environmental
management.
Admission requirementsThe regulations and entry requirements of
the Faculty of Engineering . Specifics of the same are outlined
below.
Categories of Applicants:Candidates shall be eligible for
admission into the Bachelor of Science Degree in the Faculty of
Engineering in the following categories:
Candidates with KCSE :For candidates with KCSE the basic
admission requirement shall be the minimum entry requirement set
for entry into the Public Universities, which is at least an
average grade of C + in the Kenya Certificate of Secondary
Education (KCSE). In addition candidates are expected to have
performed they’ll in of the following alternative cluster of
subjects in KCSE Examinations, but at any rate shall have obtained
at least a grade of C + in each of the cluster subjects, as theyll
as in the English Language .
Alternative A :PhysicsChemistryMathematicsBiology or Geography
or any Group IV subject excluding Home Science
Alternative B :Physical SciencesBiological
SciencesMathematicsGeography or any Group IV subject excluding Home
Science
Group IV Subjects :Home SciencePotheyr MechanicsArt and
DesignElectricityAgriculture
Drawing and DesignWoodworkAviation TechnologyMetalworkComputer
Studies
Candidates with KCSE who have obtained a grade below C + , but
at least a C - , in only one cluster subjectshall be allotheyd to
take a bridging course in that subject to bring it to the grade of
C + or better, providedthat such a bridging course shall be taken
at the University of Nairobi.
Candidates with A-Levels or International Baccalaureate (IB)
:The candidates shall have a minimum entry requirement of 2
Principal Level passes in Mathematics and Physics and a Subsidiary
Level pass in Chemistry with a credit pass in English at at 'O'
Level, except that forSurveying, a Subsidiary Level pass in
Geography shall also be acceptable in lieu of Chemistry.
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Candidates with Higher National Diploma or Equivalent:Candidates
with Higher National Diploma in the following broad areas of
study:
Agricultural EngineeringCivil EngineeringElectrical/Electronic
EngineeringMechanical EngineeringSurveyingAny other approved
subject area.
Candidates with Ordinary Diploma or Equivalent:Candidates with
an Ordinary Diploma with a Credit Pass in the following broad areas
of study:
Agricultural EngineeringCivil EngineeringElectrical/Electronic
EngineeringMechanical EngineeringSurveyingAny other approved
subject area.
Candidates with Diplomas from Science/ Technical Teacher
Training Colleges:The candidates shall have Diploma with Credit
Pass in Mathematics and Physics.
Candidates with BSc. or BEd. (Science):The candidates shall have
BSc. or BEd. (Science) Honours Degrees, majoring in Physics or
Mathematics, or equivalent from recognized institutions.
The genesis of the stalemate between government and the
students.
In Kenya, Engineers Registration Board of Kenya is the body
mandated by law to define categories of engineers, technologists
and technicians. ERB is required by law to register persons who
have follotheyd are recognized structured curriculum and have
demonstrated competency in their field of engineering.
Currently there are 18 engineering programmes recognized by
Engineers Registration Board of Kenya as offering opportunities
towards registration, although there are 30 engineering degree
programmes offered in public universities. Environmental and
Biosystems Engineering is offered at the University of Nairobi but
is currently not recognized by the Engineers Registration Board of
Kenya. After admission, the students were informed that the course
was not recognized by the Engineering Registration Board. They
however were assured that they would get jobs upon completion of
the course as those who had graduated before them had no problems
finding jobs.
rd thProblems begun in the 3 year of the course with a students
strike begining on the 11 of November 2014 after learning from
unidentifiable sources that students who graduate with a degree in
any engineering course that is not recognized by the EBK would not
be able to practice engineering in any organization in and
outside
st Kenya. Students peacefully marched to the EBK OFFICES in
Transcom house 1 floor on ngong road to find out the reasons as to
why the course was not recognized. The office was closed on there
arrival with all members of staff disappearing with nowhere to be
found. The decision was then reached to boycott classes inorder to
put pressure on the school department to follow up on the issue.
The EBK agreed to take the matter into consideration and requested
a two week period inorder to deliberate the issues with members of
the committee. The department was also requested to submit the CV's
of all the lecturers and an outline of the units that are taught
from first to fifth year. They also paid a fee of about Ksh
300,000.
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Objectives
To challenge the state to enforcement of the right to
EducationTo get the University's administration, to allow the
students to finish the course with relevant accreditation.To
undertake strategic litigation, to protect right to Education for
the Environmental student.To Challenge the existing Lack of
Expertise in the Environmental administrative systems and bodies
eg. NEMA and the ministry of Water, environment and Natural
resources in Kenya.To challenge the current culture of lack of
investment in emission management by business in Kenya, due to lack
of local expertise.To promote accountability and transparency and
defend human rights and the rule of law by challenging the mandate
of the EBK and the roles and draconian powers vested in such bodies
like the EBK in Kenya
Activities involved
Have 3 sessions involving all the students affected to sensitize
them on the right to Education and involve them in the
campaign.Have sessions with all the student leaders across the
country to solicit support for the affected students.Write an
initial letter to the Dean of Education under Article 47 Section
(2) to seek a response from theUniversity.Engage a local counsel to
bring the case to court under Urgent petitions to challenge the
responsibilities of the Duty bearerEngage in Media campaignsWrite
to the UN special reporter on the right to Education and request an
urgent intervention on behalf of the students.Carry out three weeks
sensitization in all the universities across the country with focus
on the Environmental fraternity to solicit there involvement in a
one day picketing campaign.Stage a Nationwide campaign on the right
to Education.Write to the cabinet secretary Education seeking the
reversal of the decision to stop this course.Ensure the protection
of the student's against victimization.Involve local and
international activists in the case.Get a petition signed by
activists and students nation wide.Engage a reputable council on
behalf of the students to bring the matter to court for a
decision.
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