Acorn Law Advocates-LLP Files Petition for Climate Change Victims
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 through Acorn Law Advocates-LLP 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 minimize the causes of climate change and mitigate its adverse impacts; a declaration that relevant government officials failed, refused and or neglected to avert, minimize 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.