Characterization of climate justice laws, policy framework, and actor space for the mangrove-dependent livelihoods in Lamu County, Kenya

The persistent gap between the formulation and effective implementation of climate-related laws, policies, and institutional actions presents a fundamental obstacle to securing climate justice for mangrove-dependent communities in Lamu County, Kenya. The study sought to examine the contribution of climate-related laws, policies and actors’ space to climate justice for mangrove-dependent livelihoods in Lamu County, Kenya. The study adopted a qualitative approach with document analysis, focus group discussion and key informant interviews being used. The collected data were analysed using content analysis and stakeholder analysis. The findings showed that the Climate Change Act 2016 has aided in formulating the National Climate Change Action Plan (NCCAP) and the Environment and Land Court. Further, the Kenya Constitution (2010) highlights the importance of public participation in climate-related issues specifically on the right to a clean and healthy environment. Nonetheless, the threshold for public participation is not stated and the burden of proof in climate litigations is on the plaintiff. Policies such as NCCAP 2018-2022, Nationally Determined Contributions (NDC), National Mangrove Ecosystem Management Plan and Lamu County Integrated Development Plan (CIDP) have played a critical role in seeking climate justice in Kenya’s Lamu County amidst inadequate funding. As regards climate justice actors, the Lamu county government has implemented programmes to help mangrove-dependent livelihoods cope with the effects of climate change such as setting up of cooling system infrastructure and provision of the latest fish and fishing technology to the fishing community against the backdrop of inadequate funding from the National government. Further, fishermen have been taking to deep-sea and cage fishing against the backdrop of a lack of modern fishing technologies. The study informs the national government's efforts in the full implementation of relevant laws to ensure the right to public participation in climate change-related issues is protected. Further, the parliament to amend supportive regulations such that the burden of proof in climate litigation rests with the defendant and not the plaintiff who is often vulnerable. Adequate funding should also be availed for implementing climate-related policies and plans.