Judiciary calls for more engagement on climate change

Justice Millicent Odeny says the Judiciary has seen an increase in cases related to climate change and its impacts. [File, Standard]

The Judiciary has raised concern over exclusion from climate change forums despite increasing environmental cases before the courts.

Ahead of the Conference of Parties (COP 30) in Brazil, the Judiciary, represented by the Pan-African Association of Judges on Environment, Land, and Labour (Paajella), has emphasised that climate conferences are essential for informing court rulings.

Justice Jacqueline Mogeni, President of Paajella, said that the absence from international forums related to climate change, where significant discussions and decisions take place, prevents the Judiciary from being well-informed and properly trained.

She noted that the Judiciary is often called upon to adjudicate decisions and agreements made at international forums, rather than being involved in the discussions themselves.

“We are advocating for mediation in the adjudication of environmental and climate-related issues, such as human-wildlife conflicts,” she said during a training workshop in Naivasha.

Justice Ocharo Kebira of the Employment and Labour Relations Court in Mombasa, emphasized that the training would help judges understand the relationship between climate change and employment and labor issues.

Justice Kebira explained that this knowledge would enable judges to write more informed judgments and deliver justice to communities affected by the growing threats posed by climate change.

Justice Millicent Odeny revealed that the Judiciary has seen an increase in cases related to climate change and its impacts.

She said that climate change is a global issue with far-reaching effects on communities, and the training will prepare judges for writing judicious decisions.

Isaac Muema, the ILO focal point in Kenya, said that under a partnership funded by the Swedish government, they aim to create jobs in the tourism sector that will benefit youths and women.

"The parties will learn from the emerging issues they are encountering in court and how these can be addressed at the community level,” he said.

Michael Nyongesa from Forum CIV emphasized that training judges on climate change is crucial for enhancing their expertise and improving environmental jurisprudence.

 Nyongesa said that the training will help bridge knowledge gaps and prepare judges for international climate change forums, such as the upcoming COP 30 in Belém, Brazil.

He lauded landmark cases, like "Save Lamu," where communities protested against the construction of a coal plant, stressing the importance of addressing the concerns of communities affected by carbon investments.