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Book Review: Actualizing the Right to a Clean and Healthy Environment by Prof. Kariuki Muigua

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By Anne Kiramba, ACIArb

The new book by Hon. Prof Kariuki Muigua, OGW, PhD, C.Arb, FCIArb titled ‘Actualizing the Right to a Clean and Healthy Environment’ aims at informing the debate on the right to a Clean and Healthy Environment following the adoption by the UN General Assembly of ‘The human right to a Clean, Healthy and Sustainable Environment’ on 28th July 2022. The UNGA resolution re-affirmed the Universal Declaration of Human Rights and recalled among others the Declaration on the Right to Development; the Vienna Declaration and programe of action; the Declaration of the United Nations Conference on the Human Environment (Stockholm Declaration; the Rio Declaration and noted other Human Rights instruments).

The Resolution adopted by the General Assembly on 28th July 2022 is also a reaffirmation ‘that all rights are universal, indivisible, independent and interrelated.’ It also recalls the earlier Human Rights Council Resolution 48/13 of 8th October 2021 entitled “The Human Right to a Clean and Healthy Environment’. The Resolution touches on other pressing and threats to the ability of the present and future generations to effectively enjoy their human rights.

The themes covered in this book include: Sustainable Development, Environmental Justice; Human rights; Environmental Governance; Conflict Management; the Blue Economy; Climate Diplomacy; Sustainability; Restoring Landscapes; Indigenous knowledge; Climate change; Poverty eradication; Peace building and Actualizing the right to a Clean, Healthy and Sustainable environment. There is also discussion on Environmental, Social and Governance (ESG) which is considered relevant and necessary in so far as it relates to the theme of actualizing the right to a Clean, Healthy and Sustainable Environment.

The papers published in this latest book have been unpublished articles as well as articles published in various journals and one or two that have appeared in previous book chapters. In sum, the book brings together a collection of Prof. Kariuki Muigua’s peer-reviewed, published and unpublished papers and articles touching on the theme of the Right to a Clean and Healthy Environment and its actualization today. The collection has been brought together in one volume under the thematic area of the right to a Clean, Healthy & Sustainable environment in a quest to help move forward the discussion and scholarship in the emerging area.

The paper “Realizing the Right to a Clean, Healthy and Sustainable Environment” critically discusses realization of the right to a clean, healthy and sustainable environment. It conceptualizes this right and examines competing views on whether it should be considered a human right. The paper further explores attempts to recognize the right to a clean, healthy and sustainable environment as a human right at the global, regional and national levels. “Recognising a Human Right to Safe, Healthy and Sustainable Environment” makes a case for the need to recognise the human right to safe, healthy and sustainable environment as an independent right capable of being enforced without necessarily making reference to the other human rights, as part of laying the ground for achieving the Sustainable Development agenda.

“(Re) Examining Environmental, Social and Governance (ESG) and Human Rights” critically examines the place of human rights in the Environmental, Social and Governance (ESG) agenda. It argues that human rights occupy a central role in all the ESG factors. The paper discusses the progress made towards integrating human rights within the ESG framework. It also highlights some of the challenges related to ESG and human rights. In addition, the paper offers proposals towards embracing human rights in the ESG debate. “Actualizing Gender Equity for Environmental Sustainability”critically appraises the role of gender equity in fostering environmental sustainability. It examines the disparities between men and women in environmental governance and management and how these differences have hindered realization of environmental sustainability.

“(Re) Establishing Harmony between Nature and Humanity Abstract” examines the need to (re) establish harmony between nature and humanity. It argues that nature and humanity are interdependent and need each other for survival. The paper highlights some of the factors that are affecting the relationship between nature and humanity. It also suggests solutions towards (re) establishing harmony between nature and humanity towards sustainability. “(Re) Invigorating Environmental Multilateralism for Sustainability” critically explores the role of environmental multilateralism in the sustainability debate. It argues that environmental multilateralism can play a key function in unlocking sustainability. It also examines challenges facing environmental multilateralism and proposes measures towards (re) invigorating environmental multilateralism for sustainability.

The Paper “Actualizing Africa’s Green Dream” critically discusses the concept of ‘green economy’ in Africa. It argues that green growth is vital in Africa in the wake of the threat of climate change among other concerns. It further asserts that green growth in Africa can aid in achieving Sustainable Development by striking a balance between human development, environmental conservation and economic development. “Addressing Noise Pollution for a Clean and Healthy Environment in Kenya” discusses the legal and institutional framework on noise regulation, with a view to identifying the key players and stakeholders in tackling the vice. The author argues that unless this problem is effectively addressed, realisation of a clean and healthy environment for the Kenyan people will remain a mirage.

“Combating Environmental Degradation for Posterity” posits that combating environmental degradation is vital for posterity of both humanity and nature. It examines some of the measures adopted towards combating environmental degradation at global, regional, and national levels and related challenges. The paper further offers suggestions towards combating environmental degradation for posterity. “Enhancing Food Security in Africa” critically interrogates the need to enhance food security in Africa. The paper explores the progress made towards enhancing food security in Africa. It also examines some of the obstacles facing the realization of food security in Africa. The paper further suggests initiatives which can be adopted towards enhancing food security in Africa.

“Conserving Ecosystems for Our Health and Well-Being” discusses the need to conserve ecosystems. It argues that conserving ecosystems is vital for our health and well-being since it ensures the sustainable and continuous supply of ecosystem services. The paper interrogates the efficacy of measures adopted towards conserving ecosystems at the global, continental, and national levels. “Embracing Environmental, Social and Governance (ESG) Principles for Sustainable Development in Kenya” critically examines the extent to which Environmental, Social and Governance (ESG) principles have been embraced in Kenya. It argues that ESG has emerged as arguably the most important tool of corporate governance. The paper further addresses some of the ESG challenges in Kenya and suggests the way forward towards embracing ESG principles for sustainable development in Kenya.

“Achieving Net Zero Emissions- A Reflection” critically discusses the need to achieve net zero emissions. It argues that achieving net zero emissions is vital in confronting climate change and fostering Sustainable Development. The paper further discusses some of the challenges facing the attainment of net zero emissions and proposes measures towards achieving net zero emissions. “Embracing Sustainability Audit for Enhanced Corporate Environmental Compliance in Kenya” examines the concept of sustainability audit as a means of increasing the percentage of businesses that comply with environmental regulations in Kenya. “Enforcing the Right to Clean and Healthy Environment in Kenya Through the Polluter Pays principle” makes a case for the enforcement of the right to clean and healthy environment in Kenya through the internationally recognised polluter pays principle. The author argues that though this right has been legally recognised, placing the obligation to enforce it solely on the state agencies may delay the full realisation of this right for all persons.

“Enhancing Access to Justice for Sustainable Development in Kenya” critically discusses the role of access to justice in the Sustainable Development agenda. It argues that access to justice is vital in achieving Sustainable Development. The paper explores how access justice can foster the Sustainable Development agenda in Kenya. “Fostering Environmental, Social and Governance (ESG) Litigation for Sustainability” discusses the role of ESG litigation in promoting sustainability. The paper further examines the emerging trends and practices in ESG litigation and their place in the sustainability agenda. It also explores some of the concerns in ESG litigation. The paper further offers proposals towards fostering ESG litigation for sustainability.

“Fostering the Blue Economy for Sustainability” discusses the role of the blue economy in the sustainability agenda. It argues that the blue economy has the potential to unlock Sustainable Development throughout the world. The paper examines specific ways through which the blue economy contributes to Sustainable Development. It also examines some of the challenges facing the blue economy. The paper also suggests measures aimed at fostering the blue economy for sustainability. “Harnessing Indigenous Knowledge for Climate Action in Africa” discusses the role of indigenous knowledge in addressing the impacts of climate change in Africa. The paper examines the progress made towards utilizing indigenous knowledge for climate action in Africa and challenges thereof. It also offers suggestions towards harnessing indigenous knowledge for climate action in Africa.

“Managing Disputes in Carbon Markets” analyses the nature and causes of disputes in carbon markets. It argues that these disputes can hinder the fight against climate change and the attainment of Sustainable Development hence the need to effectively manage them. The paper explores some of the available mechanisms for managing disputes in carbon markets and their efficacy. It also proposes measures towards effective management of disputes in carbon markets for enhance climate action. “Applying Collaborative Approaches towards Conflict Management” critically examines collaborative approaches towards conflict management. It argues that these techniques can ensure efficient and effective management of conflicts towards peace and sustainability. The paper highlights and discusses some of the collaborative approaches towards conflict management.

“Nurturing our Wetlands for Biodiversity Conservation” examines the role of wetlands in biodiversity conservation and how these wetland resources might be managed to improve biodiversity conservation. “Promoting Human Rights Impact Assessment in Environmental Governance for Sustainable Development” critically discusses the place of human rights in environmental governance, gives an overview of the concept of environmental governance and examines various approaches adopted towards achieving it. “Realising Environmental, Social and Governance Tenets for Sustainable Development” discusses the Environmental, Social and Governance (ESG) aspects of sustainable development agenda and how the same affect sustainability.

“Reconceptualising the Right to Clean and Healthy Environment in Kenya” examines the right to clean and healthy environment as envisaged in the Constitution of Kenya 2010, its legal underpinnings and the extent to which the same has been realised for the Kenyan people. The paper argues that there is need to redefine the right to clean and healthy environment as a fundamental right, classify it with the other basic rights as opposed to the existing notion that it is a third generation right. “Reconceptualizing Corporate Governance for Sustainable Development” critically explores the role of Corporate Governance in the Sustainable Development agenda. The paper highlights some of the corporate governance practices that have fostered Sustainable Development including the concepts of Corporate Social Responsibility (CSR) and Environmental, Social and Governance (ESG).

“Reinforcing Climate Diplomacy for Development” examines the role of climate diplomacy in the global fight against climate change. It defines climate diplomacy and analyses its salient components. The paper further discusses progress made towards embracing climate diplomacy and responding to climate change. It also points out some of the key concerns in the area of climate diplomacy. The paper further suggests proposals towards reinforcing climate diplomacy for development. “Restoring Landscapes and Ecosystems for Climate Mitigation” explores the opportunities and progress made towards restoring landscapes and ecosystems for climate action. It also highlights some of the setbacks facing the utilization of this concept in climate mitigation. In addition, the paper proposes measures towards embracing the idea of restoring landscapes and ecosystems for climate action.

“Safeguarding The Environment During and After Armed Conflict” critically delves into the need to safeguard the environment during and after armed conflict. The paper also probes the progress made towards safeguarding the environment during and after armed conflict. Finally, the paper offers ideas towards safeguarding the environment during armed conflict. “Streamlining Water Governance in Kenya for Sustainable Development” assesses the current measures and attempts by the state to achieve the constitutionally guaranteed right of access to clean and safe water in adequate amounts, the paper offers an overview and analysis of the provisions of Water Act 2016 in light of the international best practices in water governance and the sustainable development agenda.

“Strengthening Environmental Rule of Law for Sustainability” discusses the concept of environmental rule of law. The paper further examines progress made towards promoting environmental rule of law at the global, regional and national levels. It also explores some of the challenges facing the realization of environmental rule of law and suggests measures towards strengthening environmental rule of law for sustainability. “The Place of Environmental, Social and Governance (ESG) in Arbitration” critically discusses the relationship between Environmental, Social and Governance (ESG) and arbitration. The paper argues that arbitration represents a viable mechanism for managing ESG related disputes while simultaneously promoting ESG tenets.

“Transitioning from Fossil Fuels to Clean Energy” discusses the need to transition from fossil fuels to clean energy and examines the role of fossil fuels in the global threat of climate change. The paper further discusses the efficacy of initiatives adopted at national, regional, continental and global levels towards transitioning from fossil fuels to clean energy. “Managing Environmental Conflicts through Alternative Dispute Resolution” discusses the role of Alternative Dispute Resolution (ADR) mechanisms in managing environmental conflicts. The paper argues that ADR mechanisms can be a viable tool in managing environmental conflicts and fostering sustainability. It proposes initiatives towards strengthening the role of ADR mechanisms in managing environmental conflicts.

“Adopting Environmental, Social and Governance for Sustainable Investment in Africa” critically examines the role of ESG in fostering sustainable investments in Africa. The paper highlights some of the factors hindering the realization of sustainable investments in Africa. It further proposes reforms aimed at adopting ESG tenets for sustainable investments in Africa. “Abating Air Pollution for a Healthy Environment” discusses air pollution as a key threat to Sustainable Development and good health and well-being of humanity. The paper critically examines some of the measures adopted towards addressing air pollution noting to highlight their strength and weaknesses. “Embracing Sound Environmental Governance in Africa” critically explores the need to embrace sound environmental governance in Africa. The paper examines the progress made towards realizing good environmental governance in Africa and suggests reforms towards embracing sound environmental governance in Africa for sustainability.

“Mediating Natural Resource Based- Conflicts for Peace and Prosperity” critically explores the role of mediation in managing natural resourcebased conflicts. It argues that mediation is an effective mechanism for managing natural resource- based conflicts. The paper discusses some of the salient attributes of mediation that makes it ideal in managing natural resource-based conflicts. “Placing Health at the Centre of Climate Action” argues that climate change is a major threat to human health and well-being. It examines the impacts of climate change on human health and well-being as well as global health systems. The paper proposes measures towards placing health at the centre of climate action in order to ensure good health and well-being for all.

The author, Hon. Prof. Kariuki Muigua Ph.D; FCIArb; OGW; C. Arb, is the holder of a Doctor of Philosophy (Ph.D.) degree in law from the University of Nairobi attained in 2011. He also holds a Master of Laws (LL.M) degree attained in 2005 and Bachelor of Laws (LL.B) degree awarded in 1988 both from the University of Nairobi. He is a Professor of law at the University of Nairobi Faculty of Law and the Centre for Advanced Studies in Environmental Law and Policy (CASELAP). He also teaches at the Wangari Maathai Institute for Peace and Environmental Studies. He is a Member of the Permanent Court of Arbitration (PCA) nominated by the Republic of Kenya and has served as a Member of the National Environment Tribunal. He is a Senior Advocate of the High Court of Kenya of over 35 years standing and the Managing Partner of Kariuki Muigua & Co. Advocates, one of Kenya’s leading commercial law firms, where he specialises in environmental and commercial law litigation and Alternative Dispute Resolution.

Prof Kariuki Muigua is a distinguished law scholar, Environmental Consultant, an accredited mediator and a Chartered arbitrator. He has widespread training and experience in both international and national commercial arbitration and mediation. He has received numerous awards and honours due to his exemplary work in academia and Alternative Dispute Resolution. Chambers and Partners Global Guide 2024 ranked him in Band 1 of Dispute Resolution (Arbitrators), the ranking which recognizes the Top 6 Arbitrators in Kenya noting that he is “highly recommended as a leading lawyer”. He was awarded the ‘Academic Champion of ADR’ at the inaugural Women in ADR Awards 2024. He was also awarded the Outstanding Mentor Award by his mentees in recognition of his guidance, care and support. He was recognized and awarded for his role as the Chartered Institute of Arbitrators (CIArb) Africa Trustee from 2019 to 2022 by CIArb Kenya Branch at the CIArb Kenya Branch ADR Excellence Awards 2022.

Prof. Kariuki Muigua is a prolific author of many leading textbooks including East Africa’s leading Arbitration Law textbook, Settling Disputes through Arbitration in Kenya,4th Edition; Glenwood publishers 2022, which was awarded the Publication of the Year Award 2022 by CIArb Kenya Branch at the CIArb Kenya Branch ADR Excellence Awards 2022. He has authored the following other books: Alternative Dispute Resolution and Access to Justice in Kenya, (Glenwood Publishers, Nairobi, 2015); Resolving Conflicts through Mediation in Kenya, (Glenwood Publishers, Nairobi, 2013); Natural Resources and Environmental Justice in Kenya, (Glenwood Publishers, Nairobi, 2015); Nurturing Our Environment for Sustainable Development, (Glenwood Publishers, Nairobi, 2016); Settling Disputes through Arbitration in Kenya (Glenwood Publishers, Nairobi) 1st Edition (2012); 2nd Edition (2012); 3rd Edition (2017); and 4th Edition (2022).

Prof. Kariuki Muigua’s other works include Securing Our Destiny through Effective Management of the Environment, (Glenwood Publishers, Nairobi-2020); Achieving Sustainable Development, Peace and Environmental Security (Glenwood Publishers, Nairobi, 2021); Fostering Environmental Democracy and Biodiversity Conservation, (Glenwood Publishers 2021); Exploring Conflict Management in Environmental Matters (Glenwood Publishers 2022); Attaining Environmental Justice for Posterity, Volume 1 and 2, (Glenwood Publishers 2022); Accessing Justice Through ADR, (Glenwood Publishers 2022); Nurturing our Environment for a Green Tomorrow, (Glenwood Publishers 2023); Realizing True Sustainable Development, (Glenwood Publishers 2023); Embracing Environmental Social and Governance (ESG) tenets for Sustainable Development, (Glenwood Publishers 2023); Combating Climate Change for Sustainability, (Glenwood Publishers 2023); Achieving Climate Justice for Development, (Glenwood Publishers 2023); and Promoting The Rule of Law for Sustainable Development (Glenwood Publishers 2024).

Prof. Kariuki Muigua was awarded Africa’s ADR Practitioner of the Year Award by AfAA in 2022. In the same year, he won the African Arbitrator of the Year 2022 award at the 3rd African Arbitration Awards held at Kigali Rwanda beating other competitors from Egypt, Mauritius, Ethiopia, Nigeria and Kenya. In 2021, Prof Muigua was the winner of the Inaugural CIArb (Kenya Branch) ADR Lifetime Achievement Award 2021 as well as the ADR Publication of the Year Award 2021 by the Chartered Institute of Arbitrators (Kenya Branch). He also received the ADR Practitioner of the Year Award 2021 by the Law Society of Kenya, Nairobi Branch at the Nairobi Legal Awards. He is a recipient of the 8th C.B. Madan Prize of 2020 for commitment and outstanding scholarly contribution to constitutionalism and the rule of law in Kenya.

Hon. Prof. Muigua has on various occasions been appointed by leading arbitral institutions including the Chartered Institute of Arbitrators (CIArb-Kenya), the Nairobi Centre for International Arbitration (NCIA), the International Chamber of Commerce (ICC) and the London Court of International Arbitration (LCIA) among other institutions, as both a sole arbitrator and a member of an arbitral tribunal in arbitrations involving commercial disputes. He is a Fellow of Chartered Institute of Arbitrators (CIArb)-Kenya chapter. He is a member of the International Bar Association (IBA), the International Commission of Jurists, Human Rights Institute of the International Bar Association, the London Court of International Arbitration (LCIA), Chartered Institute of Arbitrators (UK) and Kenya Branch, Member of Commonwealth Lawyers Association and fellow of the Institute of Certified Public Secretaries of Kenya. He served as the Branch Chairman of CIArb-Kenya from 2012 to 2015. He was elected (unopposed) to the Chartered Institute of Arbitrators (CIArb) Board of Trustees as the Regional Trustee for Africa, for the term beginning 1st January 2019 for a term of four years until 31st December 2022.

Hon. Prof. Muigua also serves as the Editor in Chief of three leading peer reviewed journals in East Africa, the Alternative Dispute Resolution Journal, the Journal of Conflict Management and Sustainable Development and Journal of ADR & Sustainability. The three journals have been hailed as leading publications in the fields of ADR, Conflict Management and Sustainable Development. The Alternative Dispute Resolution Journal was awarded the Arbitration Publication of the Year Award 2020 at the Africa Arbitration Awards.

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News & Analysis

Book Review: Climate Finance, Carbon Markets and Environmental Justice in Africa

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By Prof. Kariuki Muigua SC, OGW, PhD, FCS, FCIArb, Ch.Arb, Managing Partner Kariuki Muigua & Co. Advocates, Member Permanent Court of Arbitration (PCA) and Member Asian International Arbitration Centre Court of Arbitration

Introduction

Climate Finance, Carbon Markets and Environmental Justice in Africa (March 2026) by Hon. Prof. Kariuki Muigua is a timely and comprehensive work examining the intersection of climate finance, carbon markets, and environmental justice on the African continent. The book’s central thesis—that climate responses must be designed and implemented in a manner that safeguards rights, promotes fairness, and ensures benefits are equitably distributed—provides a sophisticated framework for understanding how financial flows, market-based mechanisms, and regulatory frameworks intersect with law, policy, and community realities across Africa. Situated within the broader discourse on climate justice, this volume interrogates both opportunities and emerging risks associated with climate action in a continent that contributes minimally to global emissions yet bears disproportionate climate impacts.

Overview

The volume comprises twelve chapters organized into four thematic parts. Part I establishes foundations for fair and equitable climate finance. Chapter One examines climate finance through an environmental justice lens, arguing that access to timely, adequate, and equitable climate finance is vital for the Global South. The chapter analyses how prevailing financing structures may reinforce dependency and inequality, with climate finance often delivered through loans on unfavourable terms that contribute to Africa’s growing debt crisis. Prof. Muigua argues that avoiding debt traps, narrative injustice, and recolonization of the Global South requires developed countries to fulfil their climate finance commitments and enhance the voice of developing countries in global decision-making processes.

Chapter Two rethinks climate finance in Africa within the continent’s debt and development realities. The chapter observes that despite Africa’s extreme vulnerability to climate change, the continent receives only around two percent of total global climate finance. Furthermore, climate finance is linked to the debt crisis, with debt constituting nearly forty percent of climate finance flows to African countries already experiencing debt distress. Prof. Muigua calls for overhauling the international climate finance system to make it fairer, including through enhanced access to grants and concessional finance, elimination of bureaucratic hurdles, and implementation of the Loss and Damage Fund.

Chapter Three examines climate finance and equitable benefit sharing with particular focus on indigenous and local communities. These communities are disproportionately impacted by climate change due to their dependence upon and close relationship with the environment, yet they are often sidelined in climate finance decision-making processes. Prof. Muigua argues that fully and effectively engaging indigenous peoples and local communities in the design, development, and implementation of climate finance activities is essential for upholding their rights, respecting their cultural needs, and addressing their unique vulnerabilities.

Chapter Four explores unlocking climate finance for sustainable development in Africa, examining structural and institutional pathways for mobilising finance. The chapter highlights the need for innovative financial tools including green bonds and debt-for-nature swaps, strengthening governance frameworks, and implementing global commitments including the Loss and Damage Fund and Kunming-Montreal Global Biodiversity Framework.

Part II addresses carbon markets, projects, and justice. Chapter Five examines carbon projects through the lens of justice and equity, focusing on access to information, Free, Prior and Informed Consent (FPIC), and equitable benefit sharing. The chapter argues that while carbon projects can strengthen climate action and provide co-benefits including job creation and ecosystem restoration, poorly designed projects can cause human rights violations and environmental damage. Ensuring good governance in carbon projects is imperative for fostering climate justice.

Chapter Six analyses participation and governance in carbon projects, exploring how environmental democracy—comprising access to information, public participation, and access to justice—can be integrated into carbon project governance. The chapter observes that carbon projects can undermine environmental democracy when investors fail to obtain FPIC, when transparency and accountability concerns arise, and when disputes over land rights emerge. Fostering environmental democracy requires enhanced access to information, meaningful public participation, access to justice through both litigation and Alternative Dispute Resolution, and equitable benefit sharing.

Chapter Seven develops a conceptual framework for carbon justice in Africa, examining principles of fairness, rights, and sustainability in carbon governance. The chapter identifies carbon injustices including transparency challenges, inequitable benefit sharing, and violation of indigenous land rights. Applying carbon justice tenets requires meaningful involvement of stakeholders, strengthening land tenure rights, ensuring transparency, fostering equitable benefit sharing, and ensuring access to justice.

Part III focuses on carbon disputes and enforcement. Chapter Eight introduces disputes arising in carbon markets, examining risks including greenwashing, information asymmetry, misleading conduct, insider trading, and price manipulation. The chapter analyses available dispute management mechanisms including arbitration, litigation, and conciliation, arguing that arbitration offers particular advantages including party autonomy, flexibility, expertise, transnational applicability, and enforceability of awards.

Chapter Nine examines dealing with carbon disputes for green growth and sustainability. The chapter argues that carbon disputes—whether arising from carbon accounting challenges, pricing fluctuations, or land disputes between investors and indigenous communities—can undermine the effective functioning of carbon markets. Managing carbon disputes through both litigation and ADR processes is essential for ensuring carbon markets contribute to green growth and sustainable development.

Chapter Ten focuses on arbitrating carbon disputes, examining arbitration’s role in managing disputes arising from carbon markets. The chapter argues that arbitration is a viable mechanism due to its ability to accommodate specialized expertise, ensure neutrality in cross-border disputes, maintain confidentiality for commercially sensitive information, and provide enforceability through the New York Convention. Addressing challenges including transparency concerns and costs requires building capacity and awareness among arbitration practitioners and adopting specialized rules tailored to carbon markets.

Part IV addresses decarbonization and future directions. Chapter Eleven examines policy pathways for achieving green growth and carbon neutrality in Africa, analysing sustainability strategies and their implications for development. The chapter argues that green growth—growth that is environmentally sustainable, low-carbon, and socially inclusive—and carbon neutrality—balancing carbon emissions with carbon removal—provide efficient pathways toward sustainable development. Achieving these goals requires considerable investment in renewable energy, low-emission transport, energy-efficient building, sustainable agriculture, and forest management.

Chapter Twelve examines decarbonizing energy for climate action and justice, evaluating how decarbonization pathways can support inclusive and sustainable development. The chapter argues that while energy is a vital resource enabling human progress, the energy sector is the dominant contributor to climate change, accounting for nearly two-thirds of global greenhouse gas emissions. Decarbonizing energy through shifting from fossil fuels to renewable sources including wind, solar, and geothermal, coupled with improving energy efficiency across all sectors, is fundamental for climate action and social justice.

Key Themes

Climate Justice and Environmental Justice. The book advances climate justice as a key ideal for upholding equity, fairness, inclusivity, and human rights in climate action. Prof. Muigua argues that climate change is a major cause of injustices and inequalities, with people and communities who have contributed the least being affected the most. Climate justice acknowledges that climate change effects are not evenly felt and focuses on protecting the most vulnerable including the poor, women and girls, youth, indigenous peoples, and local communities. Environmental justice encompasses the right to access natural resources, not to suffer disproportionately from environmental policies, and to have environmental information and participation in decision-making processes.

Fair and Equitable Climate Finance. The book critically examines the climate finance landscape, arguing that access to adequate and timely climate finance is a matter of justice for the Global South. Prof. Muigua demonstrates how current financing structures may reinforce dependency and inequality, with climate finance often delivered on unfavourable terms that contribute to debt crises. The principle of common but differentiated responsibility requires developed countries to provide financial resources to assist developing countries responding to climate change. Reforming the international financial system to make climate finance more affordable and adequate for developing countries is essential for environmental justice.

Carbon Markets and Environmental Democracy. The book explores how carbon markets can strengthen climate action while also raising critical concerns relating to environmental democracy. Prof. Muigua argues that carbon projects can undermine democracy when investors fail to obtain FPIC, when transparency and accountability concerns arise, and when disputes over land rights emerge. Fostering environmental democracy in carbon projects requires enhanced access to information, meaningful public participation, access to justice, and equitable benefit sharing. The three mutually reinforcing rights of environmental democracy—access to information, participation in decision-making, and access to justice—provide a framework for ensuring carbon projects serve people and planet.

Free, Prior and Informed Consent and Equitable Benefit Sharing. The book places FPIC and equitable benefit sharing at the centre of just carbon governance. FPIC is a fundamental right of self-determination ensuring participation by all people with particular focus on indigenous peoples and local communities in development projects. It allows communities to give or withhold consent to projects affecting their territories and to withdraw consent at any stage. Equitable benefit sharing ensures both monetary and non-monetary benefits from carbon projects are enjoyed by all stakeholders including indigenous peoples, landowners, and local communities who contribute significantly to project success.

Dispute Management in Carbon Markets. The book provides comprehensive analysis of disputes arising in carbon markets and mechanisms for their management. Prof. Muigua identifies causes including lack of clarity in carbon accounting, greenwashing claims, pricing fluctuations, and land disputes between investors and indigenous communities. Arbitration emerges as a preferred mechanism due to party autonomy, flexibility, expertise, neutrality, transnational applicability, and enforceability of awards. However, the book also recognises the importance of negotiation, mediation, and conciliation for preserving relationships and ensuring the long-term viability of carbon projects.

Conclusion

Climate Finance, Carbon Markets and Environmental Justice in Africa is a seminal work elevating discourse on climate action from African perspectives. Prof. Muigua demonstrates that confronting climate change requires not only technical solutions but also fundamental attention to justice, equity, and human rights. The book argues that climate finance must be restructured to avoid debt traps and recolonization, carbon markets must be governed through environmental democracy principles including FPIC and equitable benefit sharing, and disputes must be managed through effective mechanisms that preserve relationships and ensure accountability. This volume is essential reading for legal practitioners, policymakers, scholars, development practitioners, and all committed to advancing climate justice and sustainable development in Africa.

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News & Analysis

Book Review: Securing Our Destiny through Effective Management of the Environment

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By Prof. Kariuki Muigua SC, OGW, PhD, FCS, FCIArb, Ch.Arb, Managing Partner Kariuki Muigua & Co. Advocates, Member Permanent Court of Arbitration (PCA) and Member Asian International Arbitration Centre Court of Arbitration

Introduction

Securing Our Destiny through Effective Management of the Environment (Second Edition, 2026) by Hon. Prof. Kariuki Muigua is a comprehensive work examining the role of law, governance, and institutions in promoting sustainable environmental management in Kenya and Africa. The book’s central thesis—that effective environmental governance requires integrated approaches combining legal frameworks, participatory processes, indigenous knowledge systems, and accountability mechanisms—provides a sophisticated framework for addressing contemporary environmental challenges while advancing sustainable development.

Overview

The volume comprises fourteen chapters organized into four thematic parts. Part I establishes foundations of environmental governance and law, examining the role of law in environmental management, constitutional provisions on natural resources, corporate environmental responsibility, and environmental democracy. Prof. Muigua argues that law must strike a balance between anthropocentric and ecocentric approaches, serving not merely as a regulatory tool but as a means of achieving social justice. The analysis demonstrates how courts play a crucial role in safeguarding environmental rights through judicial activism, public interest litigation, and promoting sustainable development principles. The discussion of environmental democracy highlights three mutually reinforcing rights: access to information, public participation in decision-making, and access to justice in environmental matters.

Chapter Two explores effective environmental governance in Africa, arguing for incorporating dialogue, Ubuntu philosophy, and democracy into governance frameworks. Prof. Muigua observes that Africa’s environmental governance challenges—weak institutions, poor enforcement, inadequate investment, and exclusion of vulnerable groups—undermine sustainability. Ubuntu, as an African philosophy emphasising interconnectedness and communal responsibility, provides an Afrocentric approach requiring humans to use natural resources responsibly and non-exploitatively for the greater good of humanity. Dialogue fosters inclusive, participatory approaches essential for sound environmental governance.

Chapter Three examines implementing constitutional provisions on natural resources and environmental management in Kenya. The Constitution establishes state obligations including sustainable exploitation, utilisation, management and conservation of the environment, achieving ten percent forest cover, equitable benefit sharing, and establishing environmental impact assessment systems. Prof. Muigua identifies disconnects between constitutional promises and implementation, particularly regarding community participation, which remains largely top-down despite constitutional guarantees. Achieving sustainable and inclusive approaches requires empowering communities through information access, decentralised governance, and meaningful participation in decision-making.

Chapter Four analyses corporate environmental responsibility, examining legal frameworks holding corporations accountable for environmental harm. The Constitution and EMCA impose both civil and criminal liability on corporations and their officers for environmental breaches. Environmental management tools including Environmental Impact Assessment, Strategic Environmental Assessment, environmental audits, and public participation provide mechanisms for ensuring corporate compliance. The chapter examines the Natural Resources (Classes of Transaction Subject to Ratification by Parliament) Act 2016, which requires parliamentary ratification of natural resource exploitation agreements, promoting transparency and accountability.

Chapter Five addresses realising environmental democracy in Kenya, exploring how access to information, public participation, and access to justice can empower communities. Prof. Muigua examines practical mechanisms including demonstrations, picketing, petitions, media engagement, civil society activism, and proactive judicial roles in environmental justice.

Part II examines natural resource governance and sectoral environmental management. Chapter Six provides a comprehensive analysis of Kenya’s extractives industry regulatory framework, examining the Mining Act 2016, Petroleum Act 2019, and associated regulations. The chapter discusses the Extractive Industries Transparency Initiative and its potential to promote open and accountable management of oil, gas, and mineral resources, helping Kenya avoid the “resource curse” that has afflicted other resource-rich African nations.

Chapter Seven explores the blue economy, examining challenges and opportunities for harnessing Kenya’s marine and freshwater resources for sustainable development. Challenges include illegal fishing, piracy, maritime terrorism, illicit trade, environmental degradation, border disputes, and lack of capacity. Recommendations include entering mutually beneficial partnerships, curbing pollution, supporting communities to venture into seafood business, and adopting integrated approaches to coastal zone management.

Chapter Eight examines benefit sharing from natural resources exploitation, discussing legal frameworks including the Natural Resources (Benefit Sharing) Bill 2018, Mining Act 2016, and Petroleum Act 2019. Prof. Muigua draws lessons from Ghana’s mineral royalty distribution system and Nigeria’s resource curse experience, recommending foundations and trusts, enhanced local accountability, capacity building, access to environmental information, devolution, public participation, and addressing corruption.

Chapter Nine examines carbon projects and climate justice, arguing that while carbon projects can promote climate justice by strengthening climate action and protecting ecosystems, poorly implemented projects can cause human rights violations and environmental damage. Ensuring access to information, Free, Prior and Informed Consent (FPIC), and equitable benefit-sharing is essential for designing and implementing carbon projects sustainably.

Part III addresses integrated environmental management and accountability frameworks. Chapter Ten examines integrated approaches to environmental management, arguing for entrenching ecocentric approaches alongside anthropocentric perspectives. The chapter highlights the neglected link of safeguarding pollinators for sustainable development, discussing threats including habitat loss, pesticide use, and climate change, and recommending integrated pest management, environmental education, scientific research, and traditional knowledge integration.

Chapter Eleven examines strengthening environmental liability regimes in Kenya, discussing civil and criminal liability, environmental impact assessment, strategic environmental assessment, environmental audits, and sustainable development principles. Recommendations include encouraging proactive corporate compliance, cultivating environmental ethics through due diligence, and promoting environmental insurance.

Part IV explores indigenous knowledge, environmental justice, and peace building. Chapter Twelve examines mainstreaming traditional ecological knowledge in Kenya, arguing that indigenous knowledge systems offer valuable insights into sustainable resource stewardship. International and national legal frameworks recognise traditional knowledge, but implementation remains weak. Mainstreaming requires integrating indigenous knowledge with scientific approaches, ensuring meaningful community participation, and strengthening local democracy.

Chapter Thirteen examines the nexus between environmental governance and peace building, arguing that effective environmental management contributes to lasting peace by addressing resource scarcity, preventing conflicts over natural resources, and promoting equitable benefit sharing. SDG 16 recognises that sustainable development cannot be achieved without peace, and peace cannot be sustained without sustainable development. Recommendations include using alternative dispute resolution mechanisms, adopting inclusive and participatory approaches, and promoting education for sustainable livelihoods.

Key Themes

Integrated Environmental Governance. The book emphasises that effective environmental management requires integrated approaches combining legal frameworks, participatory processes, indigenous knowledge, and accountability mechanisms.

Environmental Democracy and Procedural Rights. Access to information, public participation, and access to justice are essential for empowering communities and ensuring environmental justice.

Corporate Environmental Responsibility. Corporations bear both civil and criminal liability for environmental harm, requiring proactive compliance, due diligence, and adherence to sustainable development principles.

Indigenous Knowledge Systems. Traditional ecological knowledge and African philosophies like Ubuntu provide valuable insights for sustainable environmental governance.

Environmental Justice and Peace Building. Effective environmental management contributes to peace by addressing resource conflicts, ensuring equitable benefit sharing, and protecting vulnerable communities.

Conclusion

Securing Our Destiny through Effective Management of the Environment is a seminal work that elevates discourse on environmental governance from Kenyan and African perspectives while engaging seriously with international frameworks. Prof. Muigua demonstrates that securing our environmental destiny requires integrated approaches balancing environmental, social and economic interests through effective legal frameworks, participatory processes, indigenous knowledge systems, and accountability mechanisms. This volume is essential reading for legal practitioners, policymakers, scholars, and all committed to advancing environmental governance and sustainable development in Kenya and beyond.

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Book Review: Resolving Conflicts Through Mediation in Kenya: Law and Practice (Third Edition)

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By Prof. Kariuki Muigua SC, OGW, PhD, FCS, FCIArb, Ch.Arb, Managing Partner Kariuki Muigua & Co. Advocates, Member Permanent Court of Arbitration (PCA) and Member Asian International Arbitration Centre Court of Arbitration

Introduction

The third edition of Prof. Kariuki Muigua’s comprehensive work arrives at a pivotal moment in Kenya’s justice sector evolution. Since the second edition in 2017, court-annexed mediation has expanded beyond Nairobi to stations nationwide, constitutional recognition under Article 159 has gained deeper traction, and questions about balancing institutionalisation with accessibility have gained urgency. Prof. Muigua, recipient of multiple awards including ADR Practitioner of the Year (2021) and Lifetime Achievement from CIArb-Kenya, brings decades of practice as mediator, arbitrator and scholar to this updated edition, which incorporates new discussions on access to justice, family mediation, professional ethics, and alternative justice systems.

Structure and Scope

The sixteen chapters are organised into four thematic parts. Part I (Chapters 1-4) establishes conceptual foundations. Chapter One introduces mediation’s attributes—voluntariness, party autonomy, confidentiality, flexibility, informality, cost-effectiveness—distinguishing mediation in the political process (leading to resolution) from mediation in the legal process (leading only to settlement). The survey of other ADR mechanisms provides essential context. Chapter Two examines traditional conflict resolution mechanisms among African societies, documenting principles of common humanity (Ubuntu/Utu), reciprocity and respect, and institutions including the family, clan, council of elders, age-set systems, and mechanisms such as kinship ties, joking relations, consensus approaches, and the role of elders. The chapter argues that realising access to justice requires enhanced application of traditional forms, which remain part of Kenyan society and hence their constitutionalisation.

Chapter Three examines mediation’s attributes in depth, providing a comparative table demonstrating that political process mediation has fifteen positive attributes while legal process mediation has only five, explaining why the former leads to enduring outcomes addressing root causes while the latter produces only superficial settlements. Chapter Four distinguishes conflicts (non-negotiable needs and values) from disputes (negotiable interests), arguing conflicts require resolution through non-coercive mechanisms like mediation while disputes can be settled through coercive mechanisms like litigation.

Part II (Chapters 5-9) examines practical dynamics. Chapter Five explores mediation as “assisted negotiation” where a mediator with no decision-making authority facilitates communication. Chapter Six analyses settlement (power-based, temporal, addressing only surface issues) versus resolution (addressing root causes, producing enduring outcomes). Chapter Seven examines the three-phase mediation process: pre-negotiation, negotiation (active listening, reframing, caucusing), and post-negotiation implementation. Chapter Eight examines the mediation paradigm—parties, constituents, third parties, and societal factors. Chapter Nine examines psychological issues, arguing all disputes involve injury to feelings and mediators must address emotional needs through empathy and creative problem-solving.

Part III (Chapters 10-11) examines legal frameworks. Chapter Ten traces mediation’s evolution from the 2009 amendments through the Constitution to court-annexed mediation, providing detailed analysis of the pilot project’s statistics (421 referrals, 61 settlements, 28.5% settlement rate, 66 days average duration) and external evaluation recommendations. The chapter critiques court-annexed mediation as potentially sacrificing core attributes—voluntariness, informality, party autonomy—at the altar of legalism. Chapter Eleven examines mediation and access to justice, analysing environmental conflicts (involving actors, resources and stakes) and family mediation, noting that while the Marriage Act 2014 contemplates reconciliation, there are no clear guidelines for divorce, custody, or property division mediation.

Part IV (Chapters 12-16) examines contemporary developments. Chapter Twelve examines entrenching family mediation, arguing it empowers parties to negotiate mutually agreed decisions, reduces post-divorce conflict, and promotes children’s best interests. It examines standards of practice, power imbalances, and cross-disciplinary training. Chapter Thirteen examines mediation and alternative justice systems, analysing their efficacy (rooted in culture, accessible, affordable, focused on reconciliation) and challenges (patriarchal values, procedural fairness concerns). It examines the Alternative Justice Systems Framework Policy’s interventions for mainstreaming AJS while addressing human rights concerns.

Chapter Fourteen provides comprehensive analysis of ethics: impartiality, independence, competence, confidentiality, disclosure of conflicts, quality of process, costs and fees, and termination. It examines professional standards from UNCITRAL, Singapore Convention, ICC, CIArb, NCIA, and Kigali International Arbitration Centre, identifying ethical dilemmas and proposing enhanced training and institutional enforcement. Chapter Fifteen reflects on mediation’s future, examining opportunities in access to justice, environmental democracy, and sustainable development. Recommendations include facilitative frameworks bridging traditional and formal mechanisms, embedding mediation in devolved administration, multi-door courtrooms, mediator training, codes of conduct, institutionalising women’s role, and appropriate accreditation committee composition. Chapter Sixteen concludes that mediation’s future success depends on maintaining balance between institutionalisation and accessibility while preserving core attributes.

Critical Assessment

Strengths. The book’s comprehensive scope is its greatest strength. Sixteen chapters trace mediation from foundations through practice to contemporary developments, integrating traditional mechanisms, legal frameworks, psychological dimensions, ethics, and future trajectories. This breadth, combined with depth drawing on Kenyan case law, statutory provisions, institutional rules, comparative experience, and empirical research, makes the volume indispensable.

The integration of traditional conflict resolution mechanisms is particularly valuable. Rather than treating mediation as imported Western innovation, Prof. Muigua grounds analysis in Kenya’s traditions of community-based resolution, documenting institutions and mechanisms that provide essential foundation for understanding mediation’s cultural resonance and constitutional recognition under Article 159.

The analysis of court-annexed mediation is both thorough and critical, documenting pilot project implementation and evaluation while questioning whether institutionalisation preserves mediation’s core attributes. The consistent distinction between political process mediation (leading to resolution) and legal process mediation (leading only to settlement) provides a framework for evaluating institutionalisation efforts.

The treatment of psychological issues adds distinctive depth, examining how mediators must address emotional needs through empathy and creative problem-solving. The ethics chapter provides comprehensive guidance on fundamental responsibilities and professional standards, identifying dilemmas and proposing practical responses.

Limitations. The collection format has produced repetition of foundational concepts across chapters. While thorough, some topics might benefit from deeper empirical engagement with comparative data. The length may challenge readers seeking concise introduction.

Contribution to Scholarship and Practice

The book provides comprehensive documentation of Kenyan mediation law and practice, invaluable for practitioners and scholars. It advances understanding of mediation’s constitutional foundations under Article 159, examining how constitutional imperatives shape mediation’s role. It offers sophisticated analysis of traditional conflict resolution mechanisms, arguing mediation in Africa is not imported innovation but continuation of longstanding cultural traditions. It provides practical guidance for practitioners while maintaining scholarly rigour. It contributes to policy development by analysing court-annexed mediation implementation and proposing reforms. It advances understanding of emerging areas—family mediation, AJS, ethics—reshaping Kenyan practice.

Conclusion

Prof. Muigua’s Resolving Conflicts Through Mediation in Kenya (Third Edition) is a monumental contribution to mediation scholarship and practice. Its central thesis—that mediation’s strength lies in transforming conflict into dialogue, and its future depends on balancing institutionalisation with accessibility while preserving core attributes—is timely and persuasive. For practitioners, scholars, policymakers and students, this book is essential reading, ensuring Prof. Muigua’s authoritative work remains at the forefront of mediation scholarship, responsive to emerging developments while grounded in enduring principles and Kenya’s rich traditions of community-based conflict resolution.

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