The High Court has canceled the appointments of four members to the National Climate Change Council. Justice Lawrence Mugambi ruled that the nomination process for Emily Mwende Waita, John Kioli, Ummar Omar, and George Odera Outa was unconstitutional, citing the failure to include public participation in the selection process.
The court found that there was insufficient evidence to show that stakeholders were consulted during the nomination process, as required by law. While the respondents argued that the Climate Change Act does not explicitly outline a procedure for selecting representatives from marginalized communities, the petitioners—Mt Kenya Network Forum and the Indigenous People National Steering Committee on Climate Change (IPNSCCC)—contended that civil society organizations working on climate change were excluded.
The petitioners raised concerns that the Climate Change Act envisions representation from civil society organizations, particularly those working on climate change, but no clarity was provided on who among the nominees represented such groups. This lack of transparency in the selection process was a critical issue in the court’s ruling.
In response to the ruling, Justice Mugambi directed the relevant committee to initiate a new nomination process within 90 days, ensuring full compliance with the Constitution and the principles of public participation. The court’s decision effectively nullified the appointments and barred the four nominees from taking office.
The National Climate Change Council, established under the Climate Change Act of 2016, plays a critical role in managing climate change funds, regulating greenhouse gas emissions, and integrating climate change considerations into national policies, including those in the education sector. President Ruto had appointed the four members as part of his administration’s ongoing efforts to tackle climate change and its effects on Kenya.
This ruling serves as a significant reminder of the importance of adhering to constitutional requirements, especially when dealing with appointments that have far-reaching implications for governance and public policy.
