We are greatly honored knowing that you are the President
and Global Champion of Young People’s Agenda.
I write to you highlighting a profound sense of responsibility and
commitment bestowed upon you by our Kenya constitution. On 12th December, 2019
as country we ushered in a new chapter, the decrees and directives you issued
resonates well with “Wanjiku”.
East Africa Climate Change Network is a registered
International NGO based in Kenya. Registration No: OP218/051/13-0371/9084 dated
31st July 2013.
I therefore wish to point out, that our government is a
creation of legal framework, thus legality can be defined as compliance with
the legal framework in the process and composition of a government.
The Constitution of
Kenya
Preamble states we, the people of Kenya are committed to
nurturing and protecting the well-being of the individual, the family,
communities and the nation, recognizing the aspirations of all Kenyans, for a
government based on the essential values of human rights, equality, freedom, democracy,
social justice and the rule of law, thus article 1 state all sovereign power
belongs to the people and shall be exercised only in accordance with this
Constitution.
Article 2 (1) The Constitution is the supreme law of the
Republic and binds all persons and all State organs at both levels of
government. Whereas Article 42 states that every person has the right to a
clean environment which includes the right to have the environment protected
for the benefit of present and future generations through legislative and other
measures, to have obligations relating to the environment fulfilled, keeping in
mind legislation process relating to the environment under Article 72.
Recognizing obligations in respect of the environment, Art.69 (1-g) the state shall eliminate process and
activities that are likely to endanger the environment.
Article 2 (5) the general rules of international law shall
form part of the law of Kenya (6) any treaty or convention ratified by Kenya
shall form part of the law. Kenya signed the 17 Sustainable Development Goals
on 12th December, 2015 and ratified the agreement on 28th December, 2016. Thus
among the functions of your office under article 132 of constitution is to hold
once every year and submit a report for debate to the national assembly on the
progress made in fulfilling the international obligations of the republic.
The Climate Change Act 2016, grants you the responsibility
to chair the meeting, article 7 (11) The council sitting is four times a year,
to date since National Climate Change Council
inception has been only been
chaired twice, the 3 year term tenure of office holders expiring this year. Its
feared that funds and grants allocated to establish Counties Climate Change
secretariat has been misappropriated, some mis-allocated for other unplanned
uses, few counties have out rightly misused and redirected these funds.
Cognizant to National Environment Management Agency mandate
through Environmental Management & Coordination Act .2009. The Forest
Conservation & Management Act, 2016. The Protection of Traditional
Knowledge & Cultural Expression Act, 2016. The Prevention, Protection &
Assistance to the Internally Displaced Persons & Affected Communities Act,
2017.
It’s on this background that we request you hold Cabinet
Meeting in accordance with the Climate Change Act, 2016. This call comes when
the country is facing astronomical implications and devastations caused by the
Climate Change induced impacts i.e Mudslides, flooding’s destruction of
development infrastructures. Coupled by future famine, tropical deceases.
It’s on this basis we hope before the year ends your office
will be able to update the country the measures placed towards adaptation and
measures government is placing towards compensating or assisting those affected
by the effects of Climate Change, through Climate Change Fund, in line with
Kenya’s National Climate Change Action Plan 2018-2022.
Thank You, looking forward to working closely with the
Climate Change Council.
Yours faithfully,
Patrick Kamotho
Githinji.
Director.
Cc. Cabinet
Secretary
Ministry Of Environment/Director Of Climate Change
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