President Ruto’s appointment of Climate Change Council unconstitutional- Court
In his judgment, Justice Lawrence Mugambi annulled the selection of four members to the Council.
A Nairobi High Court has ruled that President William Ruto's appointments to the Climate Change Council were unconstitutional.
In his judgment, Justice Lawrence Mugambi annulled the selection of four members to the Council, citing the government's failure to ensure adequate public participation in the process.
The court found no evidence of public engagement and noted that the respondents were unable to demonstrate how public participation was carried out.
Following the ruling, Justice Mugambi ordered the government to conduct fresh nominations within 90 days from the judgment day
The court ruling comes after an initial order that temporarily barred four individuals—Emily Mwende, John Kioli, Umar Omar, and George Odera—from taking office until the petition challenging their appointments was addressed.
In February 2023, Justice Mugure Thande had suspended the appointments of President Ruto's nominees following a lawsuit filed by a lobby group.
The petition raised concerns regarding the lack of transparency, competitiveness, and public participation in the appointments, arguing that the legal requirements had not been met.
The petitioners contended that civil society organizations focused on climate change in the country were not involved in the appointment process of the four members.
"It remains unclear which of the nominees represents the largest climate change-focused civil society organization, as mandated by the Council Act," the petitioners stated in their court submission.
"Furthermore, it is uncertain whether any public participation occurred during the selection of these individuals, as required by the Public Participation Act," the advocacy group added.
Included among the respondents in the case was former Public Service Cabinet Secretary Justin Muturi, who, at the time, also served as the country’s Attorney General.
Ruto appointed four individuals to the Council as part of a wider initiative to address the far-reaching impacts of climate change.
The Council’s role includes providing guidance to the President on climate-related policy matters.