Informing Kenya’s perspective on climate change through climate litigation

Abstract

Progress lies in economic development; however, it causes environmental harm. This dissertation examines the ability of transformative adjudication to combat the current unsustainable development trend in Kenya. It explores sustainable development as the middle ground for economic development that safeguards the ecosystem. It further examines climate justice in tackling government inactivity in adequately implementing climate change legislation and policies to uphold environmental rights. This study employs doctrinal legal research in the analysis of case law, statute, academic literature, and grey literature in examining the legal avenues to combat climate change in Kenya. The outcome of the study suggests that climate litigation is the appropriate means to secure environmental rights to combat climate change despite the presence of a global climate change regime. The study recommends the implementation of this regime to address climate change in Kenya. This study is therefore aimed at examining the possibility of using Kenya as a blueprint for addressing climate change in developing nations.