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Putting People First




The Constitution of Kenya, 2010 constitutes the Bill of Rights that includes provisions related to the rights of individuals, groups, and communities. Article 43 of the Constitution of Kenya is particularly significant in terms of guaranteeing socio-economic rights. It outlines the economic and social rights of all Kenyan citizens and serves as a foundation for policies and laws that aim to improve the quality of life for individuals and communities. Additionally, Article 42 of the Constitution enshrines the right to a clean environment while Article 69 provides for the state’s duty to ensure sustainable development. Despite these constitutional provisions, communities continue to experience challenges towards the realization of their economic and social rights due to land tenure issues and disputes over land ownership which has resulted to forced evictions and displacement, particularly affecting vulnerable communities.

Kenya’s natural resources underpin the productivity of key economic sectors in the country, including agriculture, horticulture, tourism, wildlife and energy. This productivity accounts for 3.5 percent of the country’s GDP and contributes about US$64 million to the economy, employing over 50,000 people directly and another 300,000 indirectly. Further, forest and water ecosystems enhance resilience while mitigating the adverse effects of climate change. Hence Kenya’s vision for just and sustainable development cannot be achieved without the adequate protection of economic, social and cultural rights for indigenous people and local communities.

Kenya, like many other countries globally, is experiencing the adverse effects of climate change, including changes in weather patterns, rising water levels, and increased frequency of extreme weather events. These changes have a significant impact on the economic, social, and cultural rights of indigenous people and local communities, affecting access to food, water, health, education, and cultural heritage. This has resulted in significant and disproportionate impacts on vulnerable indigenous people and local communities in Kenya, exacerbating existing vulnerabilities and inequalities. Awareness on biodiversity and conservation is of significant importance in Kenya due to the numerous challenges and vulnerabilities posed by environmental degradation and climate change.

Noteworthy, the Climate Change (Amendment) Act, 2023 integrates provisions aligned with Article 6 of the Paris Agreement, focusing on carbon market regulation and participation. Emphasizing transparency, carbon projects must now detail their anticipated environmental, economic, and social benefits, including contributions to greenhouse gas reduction targets. This legislative framework establishes carbon trading as a key strategy for mitigating climate change impacts and reducing emissions. Moving forward, effective climate governance should prioritize holistic management strategies, linking environmental, social, and economic dimensions to fully realize constitutional mandates under Article 69.

On the other hand, the Convention on Biological Diversity (CBD) serves to conserve biological diversity, promote sustainable use of its components, and ensure fair sharing of genetic resource benefits. The Kunming-Montreal Global Biodiversity Framework (GBF), adopted at COP 15, outlines 23 urgent global targets for 2030. These include ensuring inclusive participation in biodiversity decision-making and access to justice and information for all stakeholders, aligning with CBD commitments.

Recognizing the crucial role that Judges play in interpreting and upholding human rights, Hakijamii in partnership with the Pan-African Association for Judges of Environment, Land and Labour (PAAJELLA) organized a capacity building workshop in September 2023 which focused on the impact of climate change on Economic, Social and Cultural (ESC) Rights. The aim of the workshop was to enhance the knowledge and skills of Judges to effectively address cases related to climate change and ESC rights. The workshop focused on the following key areas:

a. Understanding the intersection of Climate Change and ESC rights.
b. Legal Framework and Judicial Actions.
c. Adjudicating Climate Change-related ESC Rights cases and empowering Judges.
d. Judicial precedents and Innovations.
e. A case study of judicial enforcement on ESC rights in South Africa.

To enhance the expertise of Judges and advance jurisprudence in climate governance, biodiversity conservation, and ESC rights, Hakijamii is planning to organize an advanced capacity-building workshop (phase 2). This workshop will specifically concentrate on deepening understanding and application of principles related to climate governance, biodiversity preservation, and ESC rights within legal frameworks. To facilitate this initiative, Hakijamii is seeking a qualified consultant to lead and deliver comprehensive training sessions tailored to the needs of Judges involved in these critical areas of law.

Terms of References

1. Familiarize with relevant national and international frameworks that guide the protection and promotion of ESC rights, climate governance, and biodiversity.
2. Design a comprehensive workshop program that includes interactive sessions, case studies, group discussions, and practical exercises aimed at deepening participants’ understanding of the intersection of climate change, biodiversity, and ESC rights.
3. Facilitate engaging sessions that enable participants to explore legal frameworks, judicial actions, and the role of courts in addressing climate change-related ESC rights issues.
4. Develop and/or review workshop materials, including presentations, handouts, and case studies that illustrate best practices and judicial precedents from Kenya and internationally.
5. Develop pre- and post-workshop assessment tools to measure enhancement of knowledge and skills development of participants.


1. A detailed workshop program for approval by Hakijamii.
2. Provide comprehensive workshop materials and resources, including presentations,
handouts, and case studies.
3. Conduct a two-day training session.

Expected Outcomes

1. Increased awareness and understanding of Judges on climate governance, bio-diversity and ESC rights:
2. Influence the development of jurisprudence that promotes climate actions and biodiversity.

Qualifications of the Consultant

1. At least 10 years work experience supporting climate related programs, biodiversity, economic and social rights.
2. At least a master’s degree in human Rights, biodiversity, law, environmental studies, or other relevant discipline.
3. Proficient in training and facilitating workshops, with excellent communication and interpersonal skills.
4. Background in human Rights
5. Knowledge of climate change science, research methods, and advocacy strategies for protecting economic and social rights.
6. Proven experience in working with not-for-profit organization, Judiciary, National/County
Government, Development Partners on Human rights, biodiversity and climate justice will be an added advantage.

Application process

Interested and qualified individual consultants are required to submit a detailed response to the Terms of Reference; and Application letter and resume clearly articulating their profile and evidence of technical expertise and experience in climate governance and biodiversity.


The fee and the exact terms of payment shall be negotiated with the consultant based on deliverables. Payments will be based on outputs, i.e. upon delivery of the services as specified in the contract.


The assignment is scheduled for five days including preparation of the workshop materials and conduct a two-day training session on 8th and 9th August, 2024.

How to Apply

Interested individual consultants should send their applications in soft copy addressed to the Executive Director through the following email addresses to reach by Friday, 12th July, 2024. Applications will be reviewed on a rolling basis.

All applications should be sent in soft via our email address with a subject line/ Ref: HJ-107-

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