loi-cadre
Dispositions constitutionnelles
Right to water: Article 43 defines the right of each person to clean and safe water in adequate quantities. Article 58 requires the State to put in place affirmative action programmes designed to ensure that minorities and marginalised groups have reasonable access to water, health services and infrastructure.
Natural resources: “Natural resources” includes surface and groundwater (art. 260). The State shall ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits. Every person has a duty to cooperate with State organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources. (Art. 69). All rivers, lakes and other water bodies as defined by an Act of Parliament and all catchment areas are defined as "public land". The Fourth Schedule concerns the distribution of functions between the National Government and the County Governments and also regards water resources management and conservation.