Factor

In Kenya, companies now liable for climate change damages

06 July 2016

Climate change lawsuits are gaining momentum as citizens are increasingly turning to domestic courts to hold governments and corporations accountable for reducing greenhouse gas emissions. With the passing of its 2016 Climate Change Act, Kenya is among the few countries globally to directly regulate on climate change, signaling strong political will to pursue low-emission development.

The act allows citizens to sue private and public entities that frustrate efforts to reduce the impacts of climate change.

The law establishes the National Climate Change Council, which has the power to impose climate change obligations on private establishments, including regulations on the nature and procedure for reporting on performance.

The National Environment Management Authority (NEMA), on behalf of the council, is charged with monitoring, investigating and reporting on compliance. An organisation that fails to comply may incur a fine of up to a million Kenyan shillings ($9,900) and officers risk five years imprisonment if they withhold or gives false information to NEMA.

An interesting feature of this law is the lenient standard required to prove liability. It is enough to prove that a corporation is not doing enough to address climate change without having to also demonstrate that a person has suffered loss or injury.

 

 

SOURCE: All Africa