President William Ruto has suffered a blow after the High Court barred four of his nominees from taking office as members of the National Climate Change Council.
Justice Lawrence Mugambi ruled that the nomination process for Emily Mwende Waita, John Kioli, Ummar Omar, and George Odera Outa was unconstitutional due to a lack of public participation.
The court found that there was no evidence of stakeholder engagement, and the respondents failed to demonstrate how public involvement was conducted, as required by law.
While the respondents argued that the Climate Change Act does not outline a procedure for selecting representatives from marginalized communities, the petitioners—Mt Kenya Network Forum and the Indigenous People National Steering Committee on Climate Change (IPNSCCC)—maintained that civil society organizations working on climate issues were excluded.
“There is no clarity on who among the nominees represents the largest civil society organization working on climate change, as envisioned by the Act. Nor is there evidence of any public participation in the selection process,” the court was told.
Justice Mugambi ordered the relevant committee to conduct a fresh nomination process within 90 days, in full compliance with the Constitution.
The court formally nullified the appointments and barred the four individuals from assuming office.
The nominees had been appointed by President Ruto as part of his administration’s efforts to combat the effects of climate change.
Established under the Climate Change Act of 2016, the council is tasked with managing climate change funds, regulating greenhouse gas emissions, and integrating climate change into national policies, including education.
