ELDORET, Kenya – Chief Justice Martha Koome has said that establishing the Environment and Land Court (ELC) has significantly enhanced access to environmental justice.
The superior court established by Article 162(2) of the Constitution of Kenya comprises 52 judges across 40 court stations.
“We have implemented administrative measures, including establishing the Environment and Planning Division of the ELC in Nairobi during the last financial year to improve efficiency and effectiveness,” said the Chief Justice.
As a result of these administrative measures, CJ Koome revealed that the Environment and Planning Division resolved 87 cases in its first year of operation, compared to 103 cases filed in the same period.
“This demonstrates our commitment to the timely adjudication of environmental disputes,” explained the CJ.
CJ Koome made the remarks when she presided over the Environment and Land Court (ELC) Climate Justice Conference opening at Moi University, Annex Campus, Eldoret, in Uasin Gishu County.
What is the theme of the Climate Justice Conference
The conference’s theme is “The Role of the Courts in Remedying Climate Change Chaos.”
“As the world grapples with the effects of climate change—devastating droughts, unprecedented floods, and dwindling natural resources—it is incumbent upon courts to chart a path of justice that safeguards humanity and the planet,” the CJ further said.
According to CJ Koome, climate change is not merely an environmental challenge but fundamentally a justice and human rights issue.
“This necessitates a justice-centred approach to climate governance that upholds both distributive and procedural justice,” said CJ Koome.
CJ Koome reiterated that the climate crisis demands the development of green jurisprudence by reimagining the courts’ role—not only as arbiters of disputes but also as champions of sustainable development, guardians of intergenerational equity, and defenders of environmental rights.
“I am pleased that the ELC, the National Environmental Tribunal (NET), and other courts have begun to forge a path in this direction. Landmark decisions by our courts and the NET have reinforced the principle of distributive equity by recognising that vulnerable and marginalised groups are disproportionately affected by climate-related harm and evince an appreciation of the need to address intergenerational equity-related concerns,” CJ Koome explained.
How Governor Jonathan Bii reacted to climate change chaos
Additionally, CJ Koom observed that the courts have underscored the centrality of the rights to information, participation, and access to justice in environmental decision-making.
“This emerging transformative environmental constitutionalism from Kenya demonstrates the potential of judicial intervention to create a more equitable climate future,” CJ Koome added.
Speaking at the same event, Uasin Gishu County Governor Jonathan Bii observed that climate change is a pressing reality that impacts every aspect of our lives, from livelihoods and ecosystems to economies and global stability.
Governor Bii emphasised the importance of addressing challenges related to developments near sensitive ecological areas.
He highlighted the need for strict adherence to environmental guidelines to ensure sustainability and protect these vital ecosystems.
“The judiciary, particularly Environment and Land Courts, should also play an active role in balancing developmental needs with ecological preservation,” said the county boss.
