The National Climate Change Council (NCCC) has been delayed as the Milimani Law Court in Nairobi blocked four nominees chosen by President William Ruto.
Justice Mugure Thande has barred Emily Mwende Waita, John Kioli, Umar Omar, and George Odera Outa from assuming office until a case brought before the court is resolved.
The petitioners, the Mt Kenya Network Forum and Indigenous People National Steering Committee on Climate Change (IPNSCCC), argued that the President had not adhered to the constitutional process in selecting the members.
The interim order issued by the court prohibits any further effort towards forming the council, which has taken over six years to be constituted following the enactment of the Climate Act.
The petitioners also claimed that civil society organizations working on climate change were not included in the council selection process.
They argued that it was not clear which of the nominees was the representative of the largest civil society organization involved in climate change, as envisioned in the Council Act.
Moreover, it was not clear how the representative for civil society was selected, or whether there was any public participation in the process.
The four nominees will not be vetted by the relevant committees of both the Senate and National Assembly before approval, as the court will give its determination on April 17, 2023.
The Climate Change Act, enacted in 2016, provided for the creation of the council to coordinate all climate matters effectively.
However, the absence of the council has resulted in the stagnation of the action policy.
Justice Mugure Thande’s ruling highlights the importance of adhering to constitutional processes and the significance of public participation in selecting public officials.
The NCCC plays a critical role in coordinating and implementing climate change policy, and its absence has led to the stagnation of the climate action policy.
Ultimately, the court’s determination will determine the fate of the four nominees and the formation of the NCCC.
