Eldoret — Chief Justice Martha Koome has urged courts to champion climate justice by arbitrating competing interests while upholding equity and fairness to ensure that climate action does not leave anyone behind especially in Kenya where communities face severe droughts, unpredictable rainfall patterns, and resource conflicts.
Speaking at Moi University School of Law in Eldoret during the Climate Justice Conference hosted by the Environment and Land Court. the CJ added that courts must chart a path of justice that safeguards both humanity and the planet as the world grapples with the effects of climate change.
Justice Koome said courts must actively safeguard the rights of the vulnerable populations, which often face the greatest climate challenges, by holding public and private actors accountable for environmental harm adding that they have the obligation to ensure that policies, environmental impact assessments, and adaptation projects prioritize inclusivity and fairness.
The Chief Justice noted the prevailing climate change challenge demands action not only from policymakers but also from every institution, including the Judiciary even as she acknowledged that securing environmental justice is not solely the domain of courts but one that requires a multi-stakeholder approach that includes alternative (traditional) justice systems (AJS).
CJ Koome explained that the right to a clean and healthy environment, and principles of sustainable development, and public participation in environmental governance enshrined in the Constitution of 2010 empower courts as guardians of environmental rights and distributive equity.
"Complementing this constitutional framework is the Climate Change Act of 2016, which provides a comprehensive regulatory framework for climate change mitigation, adaptation, and low-carbon development. This legislative commitment recognizes humanity's ecological interconnectedness and dependence on the non-human world."
She cited the landmark decision of ELC on the lifting of ban on logging in forest plantations saying such decisions have reinforced the principle that environmental protection and resource management must benefit all, not just a privileged few. "These decisions demonstrate judicial intervention's potential to create a more equitable climate future," the CJ said.
Saying that the Judiciary's role in addressing climate change extends beyond adjudication the CJ noted that the Judiciary through the STAJ blueprint is championing the integration of environmental sustainability practices into its institutional operations, and practices by adopting green building standards, enhancing digitization, among others. Other measures include promoting green judicial practices such as green sentencing that involve persons convicted of petty offenses engaging in community work like the planting of trees as a tool for decongesting prisons.
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The Chief Justice urged stakeholders to harness the transformative power of law to secure justice and human rights in the era of climate disruption and called for the need to champion sustainable practices that protect the environment for present and future generations.
Uasin Gishu Governor Jonathan Bii noted that climate change is no longer an abstract concept but a pressing reality affecting every aspect of lives--from livelihoods and ecosystems to economies and global stability.
He said addressing these complex challenges requires the lens of justice, and the forum provides an opportunity to explore how courts can lead, promote accountability, and ensure equitable solutions to the climate crisis.
ELC Principal Judge Oscar Angote said the conference is not merely a forum for reflection but a clarion call for action--a call for judges, legal experts, government officials, and civil society to come together and explore how to shape the intersection of justice, human rights, and climate action.
