By Simnikiwe Hlatshaneni
A landmark court case in Kenya is poised to scrutinize the critical intersection of women's rights and environmental protection, emerging against the backdrop of a significant resurgence in oil and gas exploration across Africa. This resurgence presents complex ethical challenges for policymakers seeking to balance economic development with community welfare and fundamental rights.
The Environment and Land Court in Lodwar is scheduled to mention a pivotal case on June 10, 2025. The case demands state accountability for alleged environmental damage caused by Tullow Oil PLC’s exploration and drilling activities in the Lokichar Basin, Turkana County. Petitioners argue these activities have violated their constitutional rights, including the right to a clean and healthy environment, access to clean and safe water in sufficient quantities, the highest attainable standard of health, the right to life, development, and security of person. In May 2025, Kenya's Treasury announced it had doubled the budget for the Turkana oil project from Sh806 million to Sh1.6 billion for research, feasibility studies, and development of the oilfields.
This litigation underscores profound questions about the impact of extractive industries on host communities and the extent of the state’s obligation to shield these communities from harm. A key focus is the recognition that resource extraction affects women and men differently, reflecting their distinct social roles, rights, and opportunities within the community.
Highlighting this gendered dimension, the organizations ISLA (Initiative for Strategic Litigation in Africa) and KELIN were granted leave to intervene jointly as amici curiae (friends of the court) in October 2024. Their role is to provide the court with specialized information on the gendered impacts of extractives and the nature of the state's duty to eliminate indirect discrimination against women within these industries.
The June 10th court session primarily sets directions for the future hearing of this significant petition.This case aligns with ISLA’s broader strategy of using litigation as a tool for social change, advanced through its Feminist Litigation Network (FLN). Legal representatives Carolene Kituku and Nyokabi Njogu, both alumni of the FLN, presented the joint amici curiae submission.
The FLN focuses on developing African feminist litigators and strengthening partner organizations to pursue feminist strategic litigation. It supports building litigation capacity, fostering feminist legal perspectives, and enabling cross-learning among partners. The Turkana case exemplifies the FLN’s systemic approach: challenging discriminatory frameworks and using legal interventions to shift entrenched gender norms. ISLA emphasizes its commitment to collaborating with feminist lawyers and movements to dismantle legal barriers to equality.