In a significant rebuke to President William Ruto, the High Court on Friday declared his appointments to the National Climate Change Council unconstitutional, citing insufficient public participation and a lack of transparency.
The ruling, delivered by Justice Lawrence Mugambi in Nairobi, nullified the selection of four council members: Emily Mwende, John Kioli, Umar Omar, and George Odera, and ordered fresh nominations within 90 days.
During the hearing of the case, the court found that their appointment, made in 2023, violated constitutional requirements for public involvement and competitive selection.
Justice Mugambi, in his ruling, stressed that the selection process did not follow the principles of good governance and accountability.
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A coalition of civil society groups had taken the matter to court, arguing that the nomination of the four supposed council members was opaque, favoured political allies, and failed to adhere to competitive recruitment standards.
“There is no clarity on who among the nominees represents the largest civil society organisation working on climate change, as envisioned by the Act. Nor is there evidence of any public participation in the selection process,” the court heard.
This ruling marks a major setback for President Ruto, who has positioned himself as a champion of environmental reform in Africa, notably through ambitious initiatives like planting 15 billion trees by 2032.
The National Climate Change Council, established by the Climate Change Act of 2016, is responsible for coordinating national climate change efforts. It implements the National Climate Change Action Plan and advises the government on climate-related policies and laws.
Like other parts of the world, Kenya has set ambitious targets to reduce carbon emissions and transition to renewable energy. However, effective governance of climate policies still seems to remain a critical challenge.
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