THE APPLICATION OF ADR IN RESOLVING CLIMATE- RELATED DISPUTES TO ACHIEVE SUSTAINABLE DEVELOPMENT IN KENYA

Abstract

Climate change has been termed the "biggest threat modern humans have ever faced." WHO for instance reports that approximately 24% of all global deaths are associated with effects like drought, and floods, which cumulatively translates to about 13.7 million deaths annually. The continued persistence of climate change effects, such as drought, has threatened Kenya's sustainable development. As a result of these harmful effects, various human rights and entitlements have been violated, thus causing people to initiate climate litigation to address them. Existing literature shows climate litigation has generally been effective in countries like Japan, the U.S., and European countries. Unfortunately, most climate-related disputes or concerns in African countries remain unresolved due to over-reliance on court litigation. Due to the unique circumstances of the African countries, including high poverty levels and a desire for rapid developments through industrialization, there's a need to 'Africanize' the approach in addressing climate- related disputes; a process that should begin with the adoption of ADR as the main mechanism. Thus, this paper will discuss how ADR can be used to resolve climate- related disputes and promote sustainable development in Kenya.