INTER-UNIVERSITY MOOT COMPETITIONS

FACT SHEET

CLIMATE CHANGE AND CLIMATE LITIGATION

IN

THE REPUBLIC OF EQUITANIA

Prepared by:

BRIAN AWUONDA
FOUNDING PARTNER
BRIAN & BRIAN .A. ADVOCATES
P.O BOX 14962-20100 NAKURU
bbaadvocates@gmail.com
+254 724 112 476

23/01/2024

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1.0. INTRODUCTION

In the midst of the 21st century, we find ourselves confronted by a monumental challenge,
one that transcends borders, politics, and ideologies: climate change. It is an issue that not
only threatens the delicate balance of our environment but also infringes upon the
fundamental rights and well-being of citizens.

2.0. PROBLEM STATEMENT

The REPUBLIC OF EQUITANIA, a nation of breathtaking landscapes, diverse ecosystems, and

vibrant communities, faces a future shadowed by the ominous specter of climate change. Her
economy, heavily reliant on tourism and rain-fed agriculture, stands on the precipice of
vulnerability. Rising temperatures and recurrent droughts have become grim companions,
leading to catastrophic crop failures, livestock losses, and the specter of famine. The
consequences ripple through her society, displacing communities and jeopardizing the
health and well-being of her people.

The coastal regions, a vital part of the Republic of Equitania’s identity and economy, face the
relentless encroachment of rising sea levels. The fisheries sector, a source of livelihood for
many, grapples with uncertainty, while saltwater intrusion threatens coastal communities.
Inland, the Republic of Equitania’s lakes have swelled to unprecedented levels, flooding
lakeside communities and exacerbating existing water security challenges.

Climate change has not merely intensified existing problems but has spawned new threats
to the Republic of Equitania’s prosperity. Agriculture, comprising about one-third of the
Republic of Equitania’s Gross Domestic Product, is perilously exposed to changing weather
patterns. Pests, emboldened by shifting climatic conditions, wreak havoc on crops and
livelihoods. The Republic of Equitania finds herself caught in a web of interconnected
challenges that demand immediate and comprehensive action.

Moreover, Air pollution continues in the Republic of Equitania as factories emit toxic
particles into the atmosphere leading to many citizens developing respiratory infections, and
tens of them have succumbed to the infections.

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In addition, the remote villages and indigenous communities in the Republic of Equitania are
on the verge of death and devastation as a result of prolonged drought and hunger. Livestock
and wildlife are dying at an unprecedented number as scarcity of food and water persists in
the Republic of Equitania.

The citizens of the Republic of Equitania have confessed on live television that their livestock
die every single day and they no longer have the wealth of animals that they took pride in.
People are also dying in the Republic of Equitania because of serious food and water shortage
as boreholes and water wells are drying up and indeed senior officials admit that ‘they are
on the red.’

Exploring the Northern part of the Republic of Equitania shows a lot of dry bones from dead
livestock. Carcasses fill the dry landscape, homes have been abandoned in search of food and
water, and livestock owners stand helpless and resign to their fate as some of them have
been forced to resort to unusual measures like feeding their cows with paper cartons as
animal feed.

As for matters forestry, it is reported that 50km2 of the Republic of Equitania’s forests is lost
every year equivalent to the size of a football pitch multiplied 500 times over leading to an
annual reduction of water availability of up to 62 million cubic meters, enough water to serve
over 4 million people sufficiently for 3 months with no water rationing or dry taps.

It is noteworthy that thousands of children in the Republic of Equitania are in dire need of
treatment for severe malnutrition, majority of whom have been forced to make the hard
choice between education and starvation as some learners do not go to school because they
have not eaten for days and several others drop out of school altogether because of hunger.

On the part of the Republic of Equitania’s government, being signatories to ALL international
environmental law treaties and conventions, it went ahead in the year 2010 and enacted a
new constitution to govern the Republic of Equitania which constitution is a direct replica
of the Constitution of Kenya, 2010.

Secondly, inspired by the national policies and action plans crafted by Kenya’s Ministry of
Environment, the Cabinet Secretary for Environment and Forestry in the Republic of

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Equitania adopted as they are, Kenya’s National Climate Change Action Plan (NCCAP) 2018-
2022 as well as Kenya’s National Adaption Plan (NAP) 2015-2030 as the government of the
Republic of Equitania’s lead policies and action plans to combat dangerous climate change.

Moreover, in the year 2016, the Republic of Equitania’s Parliament, borrowed and enacted
Kenya’s Climate Change Act, 2016, as their national legislation in matters climate action.

Yet, despite these stark realities and the Republic of Equitania’s government commitments
through the Constitution 2010, National Adaptation Plan 2015-2030, the National Climate
Change Action Plan 2018-2022, and the Climate Change Act 2016, progress has been
agonizingly slow.

ACTION

A Non-Governmental Organization named GREEN EQUITANIA INITIATIVE led by

environmental activists, farmers and indigenous communities from the Republic of
Equitania, decide to file a climate litigation petition against their government alleging that
the government's acts, omissions and complacency have contributed significantly to the
climate crisis and have violated the citizens' constitutional rights to a clean and healthy
environment.

GREEN EQUITANIA INITIATIVE approaches your law firm with firm instructions as you have
curved out a niche in environmental law and is the most successful Environmental Law
Practice in the Republic of Equitania.
They contend inter alia as follows:
i. That dangerous climate change threatens and or violates their fundamental right to
property since the raging effects of climate change are already provoking adjustments
in the value of land; simultaneously intensifying human migration and displacement
in areas hit by climate change thus denying them their right to own property of any
description anywhere in the Republic of Equitania.

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ii. THAT the right to food and right to health are co-related and that effects of climate
change for example reduction in rainfall causes food insecurity that is much needed
for quality health care as chronic under-nutrition increases.

iii. THAT their right to health is impacted by among others environmental factors which
causes; a) direct injury and mortality from climate change induced natural hazards;
b) vector-borne diseases; c) waterborne diseases; d) malnutrition and food
insecurity; e) and displacement.

iv. THAT the most urgent risk to their health as a result of climate change includes an
increase in vector-borne and waterborne diseases, and the nutrition implications of
food shortages due to longer drier spells as well as increased land surface
temperature and water scarcity impacting agriculture.

v. THAT the Republic of Equitania- in which 80% of the land is either arid or semi-arid-
is one of the most drought-prone countries in the world and that during droughts,
agriculture is the first sector to be affected and is also the one that absorbs the
greatest impact as 95% of crops are rain-fed hence threatening their right to food.

vi. THAT a decrease in agricultural production has ramifications on food prices and can
exacerbate food insecurity and under-nutrition thus offending their right to be free
from hunger and to have adequate quality food.

vii. THAT climate change exacerbates the challenges of accessing safe drinking water
especially for most people in rural areas and those in the Arid and Semi-Arid Lands
thus threatening their fundamental right to clean safe water of acceptable quantities.

viii. THAT the effects of climate change is causing waterborne diseases like diarrheal
diseases and cholera which also affect their right to health and threatens their right
to safe water and by extension their right to life.

ix. THAT when there is water shortage as a result of dangerous climate change, it has an
impact on their health in terms of hygiene (menstrual management and household
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 cleanliness), women and girls bearing the biggest burden in terms of household
chores and economic challenges that arise from moving in search of clean water for
their families thus negatively violating threatening and or infringing on their
fundamental rights and freedoms protected under the Constitution.

x. THAT climate change exacerbates the challenges of accessing schools especially for
most students in rural areas and those in the Arid and Semi-Arid Lands for instance
during floods causing inaccessible bridges or roads.

xi. THAT the effects of climate change is causing hunger episodes among school going
children especially in rural areas and those in Arid and Semi-Arid Lands which also
affects their right to education due to chronic malnutrition hence school going
children in these adversely affected areas do not attend school negatively threatening
and infringing on their inherent right to education.

GREEN EQUITANIA INITIATIVE has approached your legal practice because they saw and
heard your interview on EQUITANIA TV explicating the power and potential of climate
litigation. You said climate litigation is a beacon of hope in the face of government
complacency and that Climate litigation empowers citizens to hold the government
accountable for its failure to implement policies that reduce greenhouse gas emissions. In
addition, you stated that Climate Litigation leverages the constitutionally protected rights to
life and a clean and healthy environment to demand action from leaders.
As to why you are so passionate about Climate litigation, you answered that Climate
Litigation takes an ecocentric approach, representing the interests of the environment,
wildlife, and future generations before the courts by giving voice to the voiceless entities of
our planet that cannot advocate for their rights in a courtroom. In doing so, it compels the
government to be a responsible steward of the environment.
You were also quoted saying that the Republic of Equitania’s government is committed to
rhetoric, while carbon emissions soar annually at a rate of 3.29% and that Climate litigation
shall provide a mechanism for citizens to take the government to court, seeking the
ambitious climate action that the Republic of Equitania urgently needs.

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As for the legal foundations of Climate Litigation, you posited that Climate litigation, is deeply
rooted in the Republic of Equitania’s legal framework, giving the courts the authority to issue
orders that can transform the approach to climate change. You further said that successful
climate litigation petitions have the power to catalyze legislative changes, spur policy
enforcement, and elevate the discourse surrounding climate change to new heights thus
offering a glimmer of hope in the struggle against the systemic effects of climate change by
providing a ray of light amid the darkness of inaction. Your parting shot was that Climate
litigation is our tool, our voice, and our hope and by it we can address the defining challenge
of our time that climate change is and ensure a brighter tomorrow for the Republic of
Equitania and the world at large.

MOOT QUESTION

i. Is the Republic of Equitania's government liable for violating its citizens'

constitutional rights by failing to take adequate measures to mitigate and adapt to
climate change, thereby contributing to the environmental degradation that poses a
threat to the citizens' well-being and the nation's sustainable development?

Sub-Question

ii. Are there alternative remedies available, such as mandating the government to take
specific actions, establishing a climate loss and damage fund, or collaborating with
international entities for assistance?

INSTRUCTIONS FOR PARTICIPANTS:

i. Participants are required to present legal arguments based on constitutional law,

environmental law, and international law, addressing the moot question and sub-
questions. They should consider legal precedents, scientific evidence, and the
ethical implications of the case. The moot court competition will evaluate
participants' abilities to analyze complex legal issues, present persuasive
arguments, and propose appropriate legal remedies to address the climate crisis
in the Republic of Equitania.

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 ii. The Kenyan Constitution 2010 has been adopted AS IS by the Republic of
Equitania as well as the National Climate Change Action Plan (NCCAP) 2018-2022,
the National Adaptation Plan (NAP) 2015-2030, and participants are urged to use
them in their arguments only changing the country’s name from Kenya to
Equitania.
iii. The Moot teams shall comprise of 3 participants each.

-The End-

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