NAIROBI, Kenya – The High Court has blocked the appointments of four members nominated by President William Ruto to the National Climate Change Council.
Justice Lawrence Mugambi ruled on Friday that the nomination process for Emily Mwende Waita, John Kioli, Ummar Omar, and George Odera Outa was unconstitutional due to lack of public participation in the selection process.
In his ruling, Justice Mugambi found that the nomination process failed to meet constitutional requirements regarding public involvement.
“There was no evidence of stakeholder engagement, and the respondents failed to demonstrate how public involvement was conducted, as required by law,” the judge stated.
The ruling pointed to a lack of clarity over who among the nominees represented civil society organisations focused on climate change issues, highlighting the absence of public consultation in the selection process.
The Mt Kenya Network Forum and the Indigenous Peoples National Steering Committee on Climate Change had filed the petition, arguing that relevant civil society organisations had been excluded from the nomination process.
Justice Mugambi ordered that the relevant committee undertake a new nomination process within 90 days, ensuring full compliance with the Constitution.
This means that the four appointees will not take office until a fresh, constitutionally compliant process is conducted.
The nominees had argued that the Climate Change Act did not specify procedures for selecting representatives from marginalised communities, but the petitioners maintained that civil society working on climate change issues should have been included in the selection process.
The Climate Change Council, established under the Climate Change Act of 2016, plays a crucial role in managing climate change funds, regulating greenhouse gas emissions, and integrating climate change policies into national development strategies, including education.
The Council’s work is vital to addressing the growing challenges of climate change in Kenya, making the nomination process a highly significant matter.
In his decision, Justice Mugambi’s ruling nullified the appointments, preventing the four individuals from assuming office until the constitutional process is followed.
This legal setback for President Ruto’s administration highlights the importance of public participation and transparency in appointments to critical government bodies.
The case has drawn attention to the broader challenges of ensuring inclusive and representative governance in climate change management.
With the court’s ruling, it is expected that a more inclusive and transparent process will be initiated to ensure that those appointed to the National Climate Change Council reflect a broader range of stakeholders, especially civil society groups working on climate issues.
