DCJ Mwilu calls for ‘whole-of-society’ approach to climate justice » Capital News
ELDORET, Kenya, Nov 28 – Deputy Chief Justice Philomena Mwilu says any success in regard to climate justice can only be through a whole-justice system/whole-of-society approach.
In remarks delivered on her behalf by Supreme Court Judge Smokin Wanjala at the close of the Environment and Land Court Climate Justice Conference, held at Moi University, Eldoret, Mwilu said that “communities, government Individuals, and non-government, institutional and non-institutional actors must collaborate and partner in forming and guiding decisions about present and future climate justice issues.”
She called for the mainstreaming of the Judiciary in climate interventions. “I urge the Financing Locally-Led Climate Action Program to continue to mainstream the Judiciary and the wider justice sector in its interventions.” DCJ Mwilu said.
Highlighting the precarious position that Kenya, Africa, and the Global South, are in having to endure and confront the bulk of the adverse effects, the Deputy Chief Justice termed the situation “the triple planetary crisis of climate change, pollution and biodiversity loss.”
The Deputy Chief Justice said institutional actions should be linked directly to justice realities on the ground when focusing on the environmental justice capabilities, needs and problems of communities. “We must be deliberate, innovative and collaborative in developing people-centred activities and interventions that will have socially transformative impacts,” DCJ Mwilu emphasized.
The conference examined a number of key and emerging issues including public participation, climate finance, natural resource management, gender perspectives, alternative justice systems and ‘just transitions’- which are ways of ensuring that climate responsive transitions are just and do not further exacerbate discrimination and marginalisation.
Other topical areas included climate change and sports, harnessing artificial intelligence, emergent technologies, and geographic information systems in adjudicating environment and land matters. Also given emphasis was the role of courts in combating climate change; judicial trends in climate change litigation and jurisprudence; and the development of a framework on enhancing judicial capacity in adjudicating climate change cases.
DCJ Mwilu reminded the participants that the environment is at the very heart of the Kenyan Constitution. “It places, at its very foundation – in its Preamble – respect for the environment as our heritage and the determination to sustain it for the benefit of future generations. This obligation recognizes that the environment is a gift that has been bequeathed to us by God through our forebears and that we hold it in active trust for future generations.”
“The onus is now on us to translate the knowledge, ideas and propositions generated in our discussions during this conference into practices and actions that result in tangible impact and change,” the Deputy Chief Justice concluded.
About The Author
