- Rapid population growth and urbanisation have led to environmental challenges, especially climate change, biodiversity loss and pollution.
- Nyong’o said effective land management and land use planning is an enabler of sustainable development.
Judges and magistrates must be equipped with a deep understanding of emerging legal issues on the environment, land use planning, and carbon markets to foster informed and effective judicial decisions.
Environment and Land Court principal judge Oscar Angote said on Wednesday that rapid population growth and urbanisation have led to environmental challenges, especially climate change, biodiversity loss and pollution.
“Addressing these challenges requires a multifaceted approach that integrates legal, scientific and community-based strategies,” Angote said.
Justice Angote made the remarks during the opening of a three-day training workshop for Environment and Land Court judges on the emerging environment, land and land use planning legal issues and carbon markets in Ukunda.
The carbon markets landscape and the existing challenges and opportunities in the evolving field, roles and responsibilities of the Judiciary within the carbon markets, are among issues to be discussed.
Others are how judicial actions can influence and shape carbon markets and the importance of partnership and collaboration on climate justice, and the place of alternative justice systems in handling environment and land cases.
The training will discuss how the Judiciary can serve as an enabler for the Financing Locally-Led Climate Action programme and support its successful implementation in Kenya.
A significant portion of the discussion will be dedicated to the application of Geographic Information Systems in planning and spatial decision-making, with a case study from Vihiga county that illustrates the practical benefits of GIS.
During the training, judges and magistrates will also have a case study by the Northern Rangelands Trust on carbon trading, which will provide real insights and practical examples of successful carbon trading practices.
There are 45 NRT member community conservancies.
Fourteen NRT-member community conservancies are involved in the Northern Kenya Rangelands Carbon Project.
In 2017, each of the conservancies authorised NRT to sell carbon credits.
In 2023, the Carbon Community Fund, which is a community-owned and run fund that facilitates community access to carbon funding, disbursed Sh90,011,244 to the 14 community conservancies involved.
The Northern Kenya Rangelands Carbon Project has benefited 13,122 students, including those enrolled in secondary schools or pursuing higher education in colleges and universities within the project.
A total of Sh322,979,438 was disbursed to all community conservancies participating in the Northern Kenya Rangelands Carbon Project.
Kisumu Governor Anyang Nyong'o, who is the chairman of the Lands, Housing and Urban Development Committee of the Council of Governors, said the Environment and Land Court plays pivotal role in shaping sustainable development and ensuring equitable access to land.
“Land, as we know, is not merely a physical resource but a cornerstone of livelihoods, cultural identity, and economic progress,” Nyong’o said.
Land management and use have increasingly become complex due to rapid urbanisation, population growth, and environmental challenges.
“As judges and magistrates, you are at the forefront of interpreting laws, adjudicating disputes, and guiding decisions that directly impact our landscapes and communities,” he said.
Nyong’o said effective land management and land use planning is an enabler of sustainable development, social equity, legal certainty and security, environmental conservation and prudent urban planning and infrastructure.
Council of Governors CEO Mary Mwiti said even though a number of strides have been made since the advent of devolution, challenges such as attempts to recentralise powers and resources persist, undermining the ability of county governments to deliver services effectively.
“More often than not, these attempts are manifested through legislative amendments, budgetary constraints, and orders guised as national strategic directions. We are grateful for the judiciary's steadfast support and urge for continued vigilance in safeguarding the autonomy of county governments," she said.
"Together, let us fortify the foundations of devolution, ensuring that it remains a cornerstone of Kenya's democratic and developmental journey.”
Mwiti said devolved units are experiencing persistent challenges occasioned by climate change, a situation that calls for a deeper understanding of environmental and climate issues including challenges that exacerbate existing vulnerabilities.
Environment PS Festus Ng’eno said the state has put in place a legal framework to guide the domestic and international investors in order to boost market confidence as well as comply with its international obligations.