On 31 October 2023, the Environment and Land Court at Iten allowed ISLA and KELIN’s joint application to intervene in Kituo cha Sheria & another v The Attorney General & Others Iten Elc Petition No E002 of 2022 (ISLA & KELIN) as joint amici.
In the ruling, the court stated that the information that the joint amici intended to provide to the court was novel and central to the resolution of the dispute. That the information on the gendered impact of climate change had not been raised by any other party to the dispute, accordingly; the court found the participation of the joint amici in the proceedings as valuable because the information they were to provide was of great assistance to the court in addressing the issues raised in the petition. To that extent therefore, the court was of the view that it would benefit from the national, regional and international perspectives on gendered impact of climate change the joint amici would provide to the court.
On the issue of bias as contended by the Respondents opposing the joinder of the joint amici, the court held that it was in a position to provide guidance on the extent of the joint amici’s involvement in the proceedings. The court therefore found the application as merited and allowed it with no order as to costs.
This case challenges the failure of the Kenyan government to fulfil its legal obligation to take measures to adapt to the effects of climate change andmitigate the impacts of climate change in relation to Rift Valley Basin. The petitioners’ in this case claim that owing to the failure of the government to provide a sufficient response to climate change and mitigate its impact thereof, they have suffered acute climate vulnerability which has affected various aspects of their lives including health, source of livelihoods, and their natural habitation.
One of the question the court is being called upon in the case to determine is whether or not the State has fulfilled its obligation adequately in mitigating against climate change. This case is important because the court is being called upon to determine how and the extent women are impacted by climate change. Therefore, ISLA and KELIN’s intervention as amicus shall assist the court in answering this question by providing to the court information on the link between women socio-economic rights and climate change, the gendered impact of climate change and its effect on women.
ISLA and KELIN believe that by intervening, they have an opportunity to redirect the court’s thinking around how and why women are more vulnerable to the effects of climate change, the violations that they suffer when climate change programmes do not appropriately respond to women’s lived experiences, realities, and specific needs. In the end, as correctly pointed out by the court, this information shall assist the court in nuancing the state obligations and formulate appropriate remedies that take into account the effects and impact of climate change on women thus arrive at a just and fair determination of the petition.
End.
For more information or enquiries contact:
Nyokabi Njogu
Advocate for the joint amici
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
Karen C, Kuwinda Lane, Off Langata Road
PO Box 112 – 00202 KNH
Tel: 0790 111578
Email: litigation@kelinkenya.org
NAIROBI
Carolene Kituku
Advocate for the joint amici
ISLA Women’s Socio-economic Rights Lawyer
Email: Carolene @the-isla.org
Phone: +254720467396
