CJ Koome calls for involvement of local communities in climate-related projects to promote land and environmental justice

Chief Justice Martha Koome wants actors in the land and environment sector to involve local communities when implementing climate-related projects to ensure they are inclusive, participatory, and attuned to local knowledge and global climate frameworks.
In a speech she delivered virtually at Strathmore University in Nairobi during the 3rd Annual Mediation Summit on Land, Land Use, and Climate Change Disputes, the CJ noted that climate related projects such as afforestation, renewable energy investments, and carbon credit schemes — while vital for mitigation and adaptation, provoke disputes when local communities feel excluded or inadequately consulted.
“As the State and private sector step up their climate responses, the potential for conflict over resource use, project siting, benefit sharing, and environmental impacts is increasing,” the CJ said.
Further, the CJ Koome explained that climate-related events such as prolonged droughts, floods, shifting weather patterns, and desertification also occasion migration, displacement, and competition for scarce resources like water, forests, and pasture, in turn, generating conflict among pastoralist and agrarian communities.
She noted that globally, climate change has given rise to complex disputes involving questions of equity, responsibility, and governance leading to litigation that is now being used to challenge government inaction, demand corporate accountability, and seek redress for environmental harm. Such disputes often implicate fundamental concerns such as intergenerational justice, human rights, and the survival of vulnerable communities and ecosystems.
CJ Koome noted however that there is hope in mediation saying that it is well-suited to manage these multifaceted disputes arguing that it enables dialogue among a wide range of stakeholders such as local communities, conservationists, regulators, and investors — whose interests must be balanced to reach sustainable solutions.
She maintained that mediation supports informed and culturally sensitive decisions by integrating scientific, ecological, and community perspectives while offering a forward-looking, consensus-driven approach that can help ensure climate responses are not only effective, but just and equitable.
She called for continued championing of mediation as a tool for healing historical wounds, promoting environmental justice, and building a more cohesive society.
The Chief Justice explained that the Judiciary has embraced mediation as a constitutional imperative and a transformative strategy for enhancing access to justice adding that since 2016, through the Court-Annexed Mediation Programme, 26,991 cases have been referred to mediation where 24,464 of them were concluded, unlocking over Ksh68.9 billion to the economy.
“This Summit is therefore a timely opportunity to deepen our collective understanding of how mediation can be scaled and mainstreamed in the Environment and Land Court, and in other relevant fora such as tribunals dealing with land and environmental matters.”
She added: “I encourage all participants to reflect on the mechanisms, partnerships, training, and policy frameworks needed to embed mediation as a first-resort mechanism in these critical areas. Through mediation, we can secure peace and justice over our most contested yet vital resource — land — and create a legacy of resilience in the face of climate change.”
Environment and Land Court Principal Judge Oscar Angote reiterated the benefits of mediation saying it is cost-effective, offers faster resolution and more flexibility, with parties having more control over the outcome, unlike in court decisions. He added that it is a powerful tool for resolving land and environmental disputes, offering a faster, cost-effective, and relationship-preserving alternative to litigation.
Chief Registrar of the Judiciary Winfridah Mokaya noted that the Judiciary has steadily expanded mediation across the country—adapting, innovating, and growing stronger with each step. She explained that in a country where land, energy, and environmental issues are deeply interwoven with livelihoods, culture, and identity, mediation offers more than a legal solution—it offers a human one.
She said mediation is not just a legal process but a bridge to reconciliation and it affirms the values enshrined in our Constitution—access to justice, respect for human dignity, and restorative approaches to conflict resolution.
Chair of the Court Annexed Mediation Task Force Justice Fred Ochieng noted that Mediation has offered relief to many families, individuals and companies that would otherwise be languishing in poverty.

Lands, Public Works, Housing and Urban Development Cabinet Secretary Alice Wahome and National Lands Commission Chair Gershom Otachi were among those who spoke during the opening of the three-day Summit.