Governors plead for Environment court support

County Governors have called on the Environment and Land Court (ELC) to support their efforts in addressing environmental and climate issues.

Anyang’ Nyong’o (Kisumu) and his Vihiga counterpart, Wilbur Ottichilo want the court to do this by accelerating the handling of environment-related cases, promote alternative dispute resolution mechanisms, and provide legal clarity on emerging environmental challenges.

The governors believe that the judiciary plays a pivotal role in supporting climate justice, and their role in arbitrating environmental laws in addressing challenges facing communities such as climate change, provides a platform for development.

“By adjudicating on environmental laws and upholding the rights of communities affected by climate change, you can significantly contribute to sustainable development,” said Nyong’o in the ongoing training workshop on emerging environment, land and land use planning legal issues and carbon markets landscape in Kwale.

The meeting brought together governors affiliated to the Council of Governors Environment Committee, environmental law experts; members of the ELC and staff of the COG.

Persistent challenges

The Kisumu governor noted that persistent challenges occasioned by climate change are intensifying challenges devolution is facing.

“This therefore calls for a deeper understanding of environmental and climate issues including challenges that exacerbates existing vulnerabilities,” he added.

Nyong’o believes that the workshop is an opportunity to discuss human rights laws in relation to climate change.

“For instance In Pakistan, members of the judiciary have set up a commission of expert stakeholders tasked with advising the judiciary on actions required to combat climate change,” he said, noting that the move has played an essential role in raising awareness about the issue in the country.

He said this then means that judges have an important role to play.

Ottichillo called on Kenyan judges and magistrates to take action and interpret the country’s ever evolving legislations on land and climate, highlighting the importance of judicial direction in light of the growing climate issues.

“A clear understanding of the Climate Change (Carbon Markets) Regulations, 2024 which delineates the roles of different stakeholders, including County Governments and the private sector crucial in streamlining institutional engagements and ensuring alignment with our Constitutional aspirations is crucial,” said Ottichilo.

Voluntary cooperation

The Vihiga governor also emphasized the significance of tackling climate change, noting that Kenya’s commitment to Article 6 of the Paris Agreement underscores the importance of voluntary cooperation among nations to achieve emission reduction targets, aligning with Kenya’s ambitious goals to decrease GreenHouse Gas emissions by 32 percent by 2030 as part of our sustainable development agenda.

While the governor commended county government’s efforts in integrating climate change responses into local development plans, he also acknowledged challenges including legal hurdles that affected and delayed the disbursement of legal finance.

Otichilo also cited the judiciary’s critical role in influencing environmental policy, and urged them to deepen climate governance through improved supervision and efficient grievance redress procedures.

“It is my hope that this training will enrich us with the knowledge necessary to navigate the intricate issues surrounding environmental justice, climate change, climate justice, and carbon markets,” he said.

To demonstrate the importance of the workshop, Environment and Climate Change Principal Secretary, Eng Festus Ng’eno pointed out that the judicial process is key in the development, implementation, and enforcement of environmental law.

“Therefore, members of the judiciary as well as those contributing to the judicial process at the national, regional and global levels are crucial partners for promoting compliance with, and the implementation and enforcement of international and national environmental law,” the PS said on Wednesday when he opened the meeting.

He gave an example of a landmark case where residents of Baringo County have filed a petition that they have suffered and continue to suffer several constitutional violations directly linked to Climate Change impacts and rising water levels in Baringo.

Among other asks, Eng Ng’eno said the petitioners are seeking an order for compensation and to bring out the role of public officials in climate change duties.

“This is a landmark case that will test the government’s responsibility for helping citizens cope with the impacts of climate change,” he said.