Chief Justice Martha Koome has urged courts to play an important role in addressing climate change by ensuring fairness and justice for all, particularly disadvantaged populations in Kenya.
Speaking at a Climate Justice Conference at Moi University School of Law in Eldoret, she noted the need for courts to balance opposing interests and ensure no one falls behind as the country faces severe droughts, erratic rainfall, and resource conflicts.
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The Chief Justice said that courts must protect the rights of the most vulnerable individuals affected by climate change by holding public and private companies liable for environmental damage. She also stated that policies, environmental projects, and assessments should stress fairness and inclusivity.
Justice Koome stated that climate change demands action from all sectors, including the Judiciary, and encouraged collaboration with alternative justice systems such as traditional dispute settlement.
She noted that the Constitution provides the right to a clean and healthy environment and gives courts the authority to protect environmental rights and promote fair resource distribution.
Koome cited the Climate Change Act of 2016, which sets criteria for lowering carbon emissions and reacting to climate change, as a tool that courts might utilize to protect people and the environment.
“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,” said Koome.
Justice Koome also disclosed the Judiciary’s efforts to combat climate change, such as digitizing operations, implementing eco-friendly building standards, and supporting “green sentencing.” This entails sending petty offenders to community service projects such as tree planting to reduce jail overcrowding while also benefiting the environment.
She urged stakeholders to use the power of the law to protect human rights and the environment for current and future generations.
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