The KPDA Developer's Digest Q2 Issue

14
Have Your Say
Building a Sustainable
Future: Considerations when
Navigating Kenya's current
Real Estate Market
By Dentons, Hamilton Harrisson & Mathews
Introduction
In today’s global landscape, growing emphasis is
placed on Environmental, Social, and Governance
(ESG) implementation in real estate projects,
especially in the context of emerging markets.
Additionally, investors are becoming increasingly
concerned about the environmental and social
impacts associated with their investments. As a
result, developers are recognizing the importance
of integrating sustainability throughout the entire
lifecycle of their projects.
Sustainable development is development that
meets the needs of the present generation without
compromising the ability of future generations
to meet their needs by maintaining the carrying
capacity of supporting ecosystems. This calls for
action from various actors from state agencies,
private sector, communities, among others.
This article briefly delves into the relationship
between sustainable development and the law in
Kenya
Legal Framework
• The Constitution of Kenya, 2010 forms the
foundation for environmental protection. Article
42 guarantees the right to a clean and healthy
environment - every person has the right to have
the environment protected for the benefit of
present and future generations. Article 69 tasks
the State to ensure sustainable exploitation,
utilisation, management and conservation of the
environment and natural resources.
• The Environmental Management and
Coordination Act (EMCA) of 1999 outlines a
framework for environmental management
and conservation by establishing the National
Environment Management Authority (NEMA)
A Developer’s Guide: Navigating Emerging Markets in Africa