High Court declare appointment of Climate Change Council by President Ruto unconstitutional
Justice Mugambi said that he found the process shrouded by secrecy and that no stakeholders were engaged, especially from the marginalised communities and the civil society
President William Ruto has suffered another blow after the high court declared appointments to the National Climate Change Council (NCCC) unconstitutional due to a lack of public participation and failure to include the marginalized communities.
Delivering his ruling today, Justice Lawrence Mugambi declared the appointment of Emily Mwende, John Kioli, Umar Omar and George Odera null and void stating that it was a violation of the constitution.
“There was apparent disregard for public participation in this matter. The nominations were thus unlawful and unconstitutional, null and void,” Mugambi ruled.
Mugambi said that he found the process shrouded by secrecy and that no stakeholders were engaged, especially from the marginalised communities and the civil society, whom he stated are crucial in matters of climate governance.
“There was no evidence of stakeholder engagement, and the respondents failed to demonstrate how public involvement was conducted, as required by law,” he stated.
Citing Article 10(2) of the Constitution and Section 24 of the Climate Change Act, the court emphasised that the appointments did not comply with the legal standards for transparency and inclusivity.
He issued orders restraining the four from occupying office within the National Climate Change Council.
“A permanent injunction is hereby issued directing the second respondent (NCCC) to desist or refrain from accepting, allowing, or permitting Emily Mwende Waita, John Kioli, Umar Omar, and Dr. George Odera Outa from assuming or holding office,” he ordered.
Justice Mugambi directed that a fresh nomination be conducted within 90 days in line with the constitution.
“The process of nominating and/or making appointments… must be undertaken within 90 days from the date of this order in strict compliance with Article 10(2) of the Constitution,” he directed.
The ruling today comes after the Mount Kenya Network Forum and the Indigenous Peoples’ National Steering Committee on Climate Change (IPNSCCC) filed a petition to challenge the appointment of the four.
The groups argued that the nominations were carried out in secrecy and without consultation with civil society organizations, indigenous communities, or other stakeholders affected by climate policy.
In the affidavit by Mount Kenya Network Forum, signed by their Executive Director, Sifin Kariuki Kiboi, they claimed that there was no meaningful public engagement before the nominations were made.
They asserted that the council’s mandate requires representation from civil society and marginalized communities, groups that were excluded from the process.
The government, through the Office of the Attorney General, argued that the petition was premature and should be dismissed, citing the doctrine of separation of powers and asserting that parliamentary vetting had not yet been completed.
However, the court dismissed this argument, referencing Article 165(3) of the Constitution, which grants the High Court authority to determine the constitutionality of laws and actions.
The court emphasised that the central issue was the failure to uphold public participation, a key governance principle under Article 10 of the Constitution, while Section 24 of the Climate Change Act also mandates public consultation in climate-related decision-making processes.
President Ruto had appointed the four as a strategy to strengthen climate action.
The NCCC, established under the Climate Change Act of 2016, is mandated to oversee climate change policy implementation, manage climate-related funds, and integrate environmental considerations into national development plans, including the education sector.
