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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


Summary
Members 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. 

The petitioners seek 12 substantive orders among them, a declaration that relevant government officials failed, refused and or neglected to take precautionary measures to anticipate, prevent or minimise the causes of climate change and mitigate its adverse impacts; a declaration that relevant government officials failed, refused and or neglected to avert, minimise and address effects of climate change suffered by petitioners; an order to compel relevant government officials to rehabilitate, relocate, and restore damaged infrastructure; an order for compensation for climate change damage; and an order for resettlement of flood victims.

Full case documents will be added as they become available. 
Related laws and policies
  • KEN flag This law implements Kenya legislation
    Climate Change Act, 2016

    Passed in 2016 Legislative

    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...

from the Grantham Research Institute
from the Grantham Research Institute
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