The Marginalization of indigenous communities in Kenya’s climate legislation: lack of tailored mitigation and adaptation strategies

Abstract

Climate change remains an intersectional global challenge affecting socio economic structures across diverse communities. The asymmetrical distribution of its impacts intensifies pre existing inequalities, disproportionately affecting marginalized groups which possess limited adaptive capacity and mitigation resources. Indigenous communities bear the brunt of this vulnerability due to their direct dependence on natural resources and historical systemic marginalization. Despite their increased exposure to climate risks, they often possess fewer resources for adaptation and mitigation. Current legal frameworks exhibit significant limitations in addressing the distinctive requirements of these communities. While they acknowledge indigenous climate vulnerability in abstract terms, they lack nuanced mechanisms for operationalizing adaptation and mitigation strategies in line with indigenous community needs. This legislative inadequacy manifests most prominently in the absence of clear guidelines governing resource access and equitable benefit sharing arrangements. This policy gap undermines indigenous communities' resilience capacities while highlighting the need for fundamental reform in climate governance frameworks. The integration of scientific approaches with traditional ecological knowledge will establish innovative environmental management solutions while advancing climate justice through the recognition of indigenous rights and vulnerabilities.