Global Perspectives On Corporate Climate Legal Tactics: Kenya National Report
British Institute of International & Comparative Law
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Abstract: This country report, authored by Dr. Omondi Owino, contributes to a global comparative toolbox assessing climate litigation avenues targeting corporate actors. Focusing on Kenya?s legal architecture, the paper analyzes constitutional guarantees (Articles 42 and 70), statutory duties under the Climate Change Act 2016, tort liability under common law, and corporate governance obligations via CMA ESG reporting rules. It evaluates procedural pathways and practical barriers to climate lawsuits against companies for emissions, deforestation, and ecosystem degradation. The report highlights the growing potential for strategic litigation using public interest law, shareholder activism, and regulatory enforcement. It also maps actors from civil society, legal clinics, government institutions, and international partners while presenting recommendations to strengthen evidence mechanisms, jurisdictional clarity, and judicial capacity. Kenya is positioned as a leader in climate accountability within Africa due to its enabling legal environment, even as resource and technical limitations remain.