The High Court has stopped President William Ruto's nominees to National Climate Change Council (NCCC) from taking office.
Justice Mugure Thande on Monday granted conservatory Orders stopping the nomination of Emily Mwende Waita, John Kioli, Umar Omar and George Odera Outa, pending the hearing and determination of the application filed in court.
"I am satisfied that the Petitioners have satisfied the threshold for grant of conservatory orders at this exparte stage and I do grant prayer b) of the Application," the order reads.
Through lawyer Henry Kurauka, the petitioners, namely, Mt Kenya Network Forum and the Indigenous People National Steering Committee on Climate Change, argue that President Ruto offended the Constitution and the National Climate Change Act, of 2016.
The Petitioners claim that there was no public participation in the appointments contrary to Article 10 of the constitution.
The Petitioners further argue that the impugned appointments are contrary to section 7 Climate Change Act which provides representatives to the council from civil society and marginalised communities.
The petition is scheduled for directions on April 17, 2023.
The Climate Change Act was enacted into law in 2016 and provides for the creation of the council, directorate and climate change among others.
With this enactment, Kenya joined the league of nations that have taken concrete steps to domesticate the Paris Accord on Climate Change.
On February 13, Ruto nominated the four who were to be vetted by relevant committees of both Houses before they take office.
The council is set to manage climate change funds and set targets for the regulation of greenhouse gas emissions and advise on how to mainstream climate change into the education sector.
The council is a precursor to Kenya receiving adequate climate change funding.
It also directs the counties to mainstream the implementation of the National climate change action policy (NCCAP) into their county-integrated development plans (CIDPs) and sector plans.
The action plan should be ratified by the council, which has not been convened since the Climate Change Act was enacted
