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- Osman v. Northern Rangelands Trust
Osman v. Northern Rangelands Trust
About this case
Filing year
2021
Status
Decided
Geography
Court/admin entity
Kenya → Environment and Land Court at Nakuru
Case category
Suits against corporations, individuals → Corporations → Emissions TradingSuits against corporations, individuals → Strategic Lawsuit Against Public Participation
Principal law
Japan → Environmental Impact Assessment Act 1997Kenya → Environmental 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
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.