Iten ELC Petition No. 007 of 2022 – Legal Advice Centre T/A Kituo cha Sheria & Anor v. Attorney General and 7 Others
Jurisdiction: The Environment and Land Court of Iten
Principle law(s): Climate Change Act, 2016
Side A: Individuals and Kituo cha Sheria (Individual ngo)
Side B: Attorney General and Others (Government)
Core objectives: Illchamus and Tugen Communities in Kenya Sue Government for Impacts of Climate Change Flooding in Lake Baringo
SummaryMembers of Ilchamus and Tugen communities living on the shores of Lake Baringo in Kenya together with Kituo cha Sheria (a Kenyan Human Rights Non-Governmental Organization) have filed a climate change petition being Iten ELC Petition No. 007 of 2022 - Legal Advice Centre T/A Kituo cha Sheria & Anor v Attorney General and 7 Others before the Environment and Land court (ELC) in Iten.
The petitioners allege violation of several rights under the Constitution of the Republic of Kenya 2010. Consequently, they seek to enforce climate change duties of public officials under the Climate Change Act No. 11 of 2016 Laws of Kenya and other related constitutional rights under the Constitution of the Republic of Kenya 2010. The Petitioners assert that they are victims of climate change related flooding which has caused massive displacement and loss of life and property.
The petitioners contend that the flooding has been caused by hydro-meteorological variables due to climate change. The ELC in Iten allowed an application by the Petitioners requesting the Chief justice and the President of the Supreme Court of Kenya to empanel a three judge ELC bench to hear their case on the failure, neglect and or refusal by several government officials to discharge their obligations under the Climate Change Act 2016.
Full case documents will be added as they become available.
Related laws and policies
This Act provides a framework for promoting climate resilient low carbon economic development. It aims to (Art 3-2):'mainstream climate change responses into development planning, decision making and implementation;build resilience and enhance adaptive capacity to the impacts of climate change;fo...