Examining the Effectiveness of the Legal Framework Governing Climate Change. In Kenya.

Abstract

The natural environment has been experiencing enormous challenges associated with natural and human factors. Precisely, most of these environmental challenges have been caused by human activities through pollution, degradation and human interference. Climate change remains one of the contemporary puzzles facing the earth and has been linked with increased heating of the earth. This paper briefly analysis how the world is legally responding to global warming and also investigates the strategic legal measures being undertaken by stakeholders. The paper then proceeds to review the Kenyan legal framework on climate change and the contribution of the regulatory measures adopted to minimise its intensity. The paper thus analysis the Kenyan climate change legal framework and its adequacy and effectiveness. The Constitution of Kenya, 2010, the Environmental Management and Coordination Act, and the Climate Change Act are identified as the main laws regulating this phenomenon. Noteworthy, Kenya was the first country in Africa to legislate on climate change. A review of the Kenya’s legal, institutional and policy framework reveals existence of a vibrant framework to combat climate change; however, the slow implementation and poor environmental practices derail the intentions and efforts made. This poses the question of the legal capability of bodies and institutions entrusted to discharge their mandate related to addressing climate change. This paper also notes that bodies and institutional mechanisms such as NEMA and National Climate Change Council have not adequately discharged their mandates in enforcing compliance. In addition, it is noted that such institutions’ capacity to tackle the climatic change issues is inadequate, overlapping and the system is compromised by external forces. Based on the findings, the study concludes there exists national and international legal frameworks for managing climate change. However, the analysis reveals that these measures are not comprehensive in addressing climate change in the country and beyond. The paper recommends that the state should develop effective and workable mechanisms and measures of protecting the earth from the adverse effects of climate change. Further, the international community should develop joint frameworks for combating climate change.