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The Climate Litigation Database

Osman v. Northern Rangelands Trust

Geography
Date
2021
Document type
Litigation

About this case

Filing year
2021
Status
Decided
Court/admin entity
KenyaEnvironment and Land Court at Nakuru
Case category
Suits against corporations, individualsCorporationsEmissions TradingSuits against corporations, individualsStrategic Lawsuit Against Public Participation
Principal law
JapanEnvironmental Impact Assessment Act 1997KenyaEnvironmental Management and Coordination Act 2009
At issue
Whether the Northern Range Land Trust’s carbon offset project was Illegal under Kenya's Constitution

Documents

Filing Date
Type
Summary
Document
01/31/2025
Decision
Judgement (in English)

Summary

In 2021, petitioners filed on behalf of residents of Merti, seeking to enforce their Indigenous and community rights to halt conservation agencies from establishing a carbon offset project that would cover 10% of the county’s land. Petitioners maintained that the project sidestepped key procedural elements, including conducting an Environmental Impact Assessment and consulting with local elders and community leaders. After exhausting options to address these concerns outside of the court, the petitioners filed their claims with the Environment and Land Court at Isiolo. In January 2025, the court sided with the petitioners and issued three injunctive reliefs. The court based its decision on procedural grounds under the Kenyan Constitution (Article 3(1)). First, the establishment of conservancies in Chari ward and Cherab violated procedural elements such as public participation. Second, the Bulesa Biliqo community conservancy was operating illegally and was therefore halted. Third, a permanent injunction was granted regarding the mapping, surveying, entering, and recruitment for conservation efforts in the respective locales.