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Another court blow has landed on Nakuru Governor Susan Kihika’s administration after the Environment and Land Court in Nakuru declared the disbandment of the Subukia Ward Climate Change Planning Committee unlawful and quashed the decision by the County Government.
In a judgment delivered on October 27, 2026, Lady Justice Dr. M.A. Odeny ruled that the County Government of Nakuru acted outside the law when it disbanded the committee before the expiry of its statutory five-year term.
The petition, filed by Kenneth Ndungu Ndekei against the County Government of Nakuru and 11 other respondents, challenged the decision to dissolve the committee and replace it with a new one in July 2025.
The County Government had defended its decision, arguing that members of the public had expressed dissatisfaction with the committee during a public participation meeting held at NYS grounds in Subukia in May 2025. It maintained that the move was intended to improve inclusivity, transparency and responsiveness to local climate change priorities.
However, the court found that public dissatisfaction could not justify the dissolution of an entire committee without following the procedures provided under the Nakuru County Climate Change Act, 2021.
Justice Odeny observed that Section 28 of the Act provides for a non-renewable five-year term for members of Ward Climate Change Planning Committees, while Section 29 outlines the specific grounds and procedure for removing individual members.
The judge further noted that there was no provision in the law permitting the wholesale dissolution of a duly constituted committee simply because members of the public were dissatisfied with its performance.
The court also found that the affected committee members were not individually notified of the allegations against them or given an opportunity to respond before the decision was made.
It rejected the County Government’s reliance on the May 20, 2025 public participation meeting, noting that there was no evidence that the meeting notice informed residents that the tenure, removal or composition of the committee would be discussed.
The judgment further established that the County Government had failed to demonstrate compliance with the statutory requirements for appointing a new committee, including the prescribed nomination process and at least 14 days’ public notice.
In her determination, Justice Odeny found that the respondents had violated Articles 10 and 47 of the Constitution, which provide for good governance, transparency, accountability and the right to fair administrative action.
Consequently, the court issued an order of certiorari quashing the decision of the County Government’s first and second respondents to disband the committee.
The respondents were directed to comply with the Nakuru County Climate Change Act, 2021, in dealing with the committee within 30 days. The County Government was also ordered to bear the costs of the petition.
The ruling is another legal setback for the Kihika administration, with the court emphasising that county governments must operate within the law and cannot bypass statutory procedures when making administrative decisions affecting public institutions and community representatives.
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Amos Lumbasi
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