Environmental Rule of Law: Analysis of Kenya’s Capacity Building Provisions in Climate Change Legal Regimes

Jacob Odongo Olonde^1*, Nicholas Oguge² and Wambua Kituku³

Abstract

Kenya has a higher vulnerability to climate change, ranking 151 out of 181 countries in the 2019 ND-GAIN Index, largely due to its geographical position in the Horn of Africa. Projections indicate increased rainfall variability, severe droughts, and the emergence of drug-resistant diseases over the next 30 years if resilience and adaptive capacity are not strengthened. Capacity building has therefore been identified as a key enabler of climate change action. Guided by Hans Kelsen’s legal positivism theory, this study assessed the integration and implementation of capacity-building measures within Kenya’s climate change legal regime, using Kisumu County as a case study. The study examined capacity-building mandates, institutional roles, barriers and opportunities, and options for strengthening capacity development. Data were collected through literature review and key informant interviews using purposive sampling. Findings indicate moderate progress at institutional, systemic, and individual levels, with existing legal frameworks and active institutions, albeit with varied capacities. Key challenges include limited financing, skills gaps, weak coordination, low awareness, insufficient data, and competition among global institutions. The study recommends a locally led, need-based, multi-sectoral, and multi-stakeholder framework to strengthen climate action capacity at national and county levels.

Keywords

Environmental Rule of Law, Climate Change Governance, Capacity Building, Climate Change Law, Adaptive Capacity, Institutional Frameworks, Kenya, Kisumu County

Corresponding Author

Jacob Odongo Olonde, ECAS Institute, Kenya.

Citation

Olonde, J. O., Oguge, N., & Kituku, W. (2025). Environmental Rule of Law: Analysis of Kenya’s Capacity Building Provisions in Climate Change Legal Regimes. Jor Environ Dyn Geo-Sci, 1(1), 01–33.