Court nullifies Ruto’s appointments to climate council over lack of public participation
Justice Mugambi further found that there is no clarity on who among the nominees represents the largest civil society organisation working on climate change, nor is there evidence of any public participation in the selection process.
The High Court has barred four members appointed by President William Ruto from taking office at the National Climate Change Council.
Delivering his ruling on Friday, Justice Lawrence Mugambi found that the nomination process for Emily Mwende Waita, John Kioli, Ummar Omar and George Odera Outa was unconstitutional due to a lack of public participation.
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"There was no evidence of stakeholder engagement, and the respondents failed to demonstrate how public involvement was conducted, as required by law", the judge ruled.
Mugambi further found that there is no clarity on who among the nominees represents the largest civil society organisation working on climate change, nor is there evidence of any public participation in the selection process.
Justice Mugambi ordered the relevant committee to conduct a fresh nomination within 90 days, in full compliance with the Constitution.
The nominees had argued that the Climate Change Act does not outline a procedure for selecting representatives from marginalised communities. But the petitioners — Mt Kenya Network Forum and the Indigenous Peoples National Steering Committee on Climate Change — maintained that civil society organisations working on climate issues were excluded.
The court formally nullified the appointments and barred the four individuals from assuming office.
The nominees had been appointed by President Ruto in 2023 as part of his administration’s efforts to combat the effects of climate change.
Kenyans were asked to offer their input on the suitability of the four candidates.
The National Assembly and the Senate invited the public to present their views on the suitability of the members appointed to the council.
The National Assembly's Departmental Committee on Environment and the Senate's Standing Committee on Lands sought public opinion on the nominees' capability.
Established under the Climate Change Act of 2016, the council is tasked with managing climate change funds, regulating greenhouse gas emissions and integrating climate change into national policies, including education.
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