Kenya establishes court division to tackle Climate Change related cases

Kenya has made a step to establish an Environment and Planning Court Division which will deal with cases related to climate change injustices.

Unjust human activities are largely blamed for not only unpredictable but also unbearable weather conditions causing turmoil for humans and other living things.

This includes human activities like deforestation and extraction of fossil fuels like coal, oil and gas which are by far the largest contributors to global climate change.

According to the United Nations Climate Action, fossil fuel accounts for over 75 per cent of global greenhouse gas emissions and nearly 90 per cent of all carbon dioxide emissions, which lead to drought and floods among other climate change effects crisis.

“Beginning the 1st July 2023, the ELC (Environment and Land Court) split into two divisions administratively: the Environment and Planning Division and the Land Division. This is geared towards improving efficiency and realization of the mission of the ELC of ‘resolving environment and land disputes fairly and expeditiously for peaceful coexistence and sustainable development.’ 

"The court aspires to hand environmental and climate justice real-time in any event within six months of their being filed in court,” reads part of the document that the judge used in his presentation.

Even so, the Judge agreed with the fact that the Climate Change reality narrative has just started sinking and gaining limelight in Africa hence a little bit technical, but there are mechanisms put in place to deal with them.

“A weapon however sophisticated in the hands of an unskilled soldier is of no use. However, strategy is key in winning the war. Access to courts is an important pillar in promoting environmental and climate justice,” the judge further noted.

As a strategy to tackle the complicated climate change area, the judge revealed that the Association of Judges in Africa who deal with Lands and Environmental issues plan a networking workshop to help shed light on climate change areas which might be too technical.

He also took cognizance of the fact that the Kenyan statute has not clearly defined Climate Change injustices but that the courts can use international conventions and treaties to grant justice as it awaits watertight Climate Change legislation.

He also clarified that Climate Change matters and land suits are categorized into Civil laws with the burden of proof being on a balance of probability and are not like criminal cases, which need to be proven beyond a reasonable doubt.

The judge said that the two weeks old Planning Division is yet to receive any climate change cases as information and awareness creation to the public is key for it to start receiving suits.

Environment and Climate experts and Climate Change crusaders who foresee brighter ending in attaining climate justice have commended the progressive Climate Change Action by the Kenyan Judiciary.

The move by the Kenyan Judiciary to establish the Environment and Planning Division which will deal with Climate Change related cases is one of the latest move for Climate Change Action in Kenya.