On 2nd May 2025, the High Court of Kenya delivered a significant judgment in Constitutional Petition No. E049 of 2023, in which the Mt. Kenya Network Forum and the Indigenous People National Steering Committee on Climate Change (IPNSCCC) successfully challenged the nomination of four members to the National Climate Change Council.
The Court found that the process violated Article 10 of the Constitution and Section 24 of the Climate Change Act due to a lack of public participation, transparency, and inclusivity, especially in appointing representatives for civil society and marginalized communities.
Key orders issued by Justice L. N. Mugambi include:
✅ Declaration that the nomination process was unconstitutional
✅ Quashing of the appointments
✅ Injunction barring the nominees from assuming office
✅ Direction that a new nomination process be conducted within 90 days in full compliance with the law
This ruling reaffirms the critical role of participatory governance in climate-related policymaking and institutional appointments. Kudos to all advocates, civil society allies, and community representatives who stood firm to uphold the Constitution.
Let this be a reminder: process matters.
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