Africa is witnessing a surge in climate litigation as the continent battles an escalating climate crisis marked by deadly floods, droughts, and heatwaves. A total of 14 out of 23 documented climate-related lawsuits in Africa were filed between 2021 and 2025 its most climate-disaster-prone period so far according to new data compiled by Down To Earth and the Sabin Center for Climate Change Law.
During this period alone, over 221 million people were affected by extreme weather events, highlighting the urgency with which communities and civil society are turning to courts to demand accountability and climate justice.
Rising Legal Action Amid Worsening Disasters
While Africa represents only 0.87% of the over 2,630 climate litigation cases filed globally since 2011, the trend on the continent is rapidly accelerating. Just two cases were filed between 2011 and 2015, but the number grew to seven between 2016 and 2020. Between 2021 and 2025, this number doubled, with Kenya, South Africa, Namibia, and Nigeria emerging as key legal battlegrounds.
Legal experts view the increase as a shift in public awareness and judicial recognition of the climate crisis. Courts are being seen not just as venues for dispute resolution, but as tools for enforcing environmental protections and advancing human rights.
Focus on Energy, Rights, and Accountability
A striking 74% of the 23 lawsuits filed in Africa since 2011 have targeted the energy, oil, and gas sectors. These cases often challenge the lack of climate risk assessments, inadequate environmental clearances, and emissions exemptions that threaten public health and violate constitutional protections.
South Africa leads the continent with 11 lawsuits, including the landmark Thabametsi coal plant case that in 2020 saw the court revoke project approval due to unaccounted climate impacts. In 2024, Earthlife Africa and groundWork filed another major case against Eskom for emissions exemptions granted to eight coal-fired power plants.
Kenya courts have also become more active. In March 2025, the Environment and Land Court cancelled Sosian Energy Ltd’s environmental license for a geothermal project after finding it lacked climate risk evaluations and public consultation.
Legal Shifts from Disaster Relief to Rights-Based Claims
Climate litigation in Africa has evolved significantly over the past decade from responses to disasters to sophisticated constitutional and rights-based lawsuits. Early cases focused on government inaction during floods and landslides. In Uganda, a landmark 2012 case remains pending, highlighting chronic delays in judicial resolution.
More recent lawsuits invoke constitutional rights to a clean and safe environment. Communities displaced by rising water levels in Lake Baringo, Kenya, filed a case in 2022 accusing the government of violating rights to life, property, and environmental security. Similar arguments have been made in South Africa against offshore oil exploration approvals.
From National Courts to International Legal Arenas
With domestic systems slow to respond, some African plaintiffs are turning to international courts. In 2025, the Pan African Lawyers Union filed a petition before the African Court on Human and Peoples’ Rights, seeking a continent-wide interpretation of climate responsibilities under the African Charter.
African voices have also reached global courts. Residents from Malawi sued a British sugar company in the UK High Court for negligence during floods. Environmental groups also challenged UK funding of a gas project in Mozambique, raising broader questions on climate finance and justice.
Notably, in July 2025, the International Court of Justice issued an advisory opinion affirming states’ legal duties to protect the global climate. Backed by the African Union and 14 African nations, the opinion strengthens the legal basis for future climate litigation across the continent.
Challenges Remain Despite Momentum
Despite rising numbers, legal challenges in Africa face significant hurdles. Many cases remain unresolved due to weak environmental laws, lack of climate data, and under-resourced legal systems. Out of the 23 known climate lawsuits, 11 are still pending.
Moreover, vulnerable groups particularly women and Indigenous communities often lack the resources and legal aid necessary to pursue justice, even when environmental harm is evident. In many instances, the absence of comprehensive data limits the ability to prove causation or identify liable parties.
Looking Ahead: A Legal Movement Gathers Pace
With Africa contributing less than 4% of global greenhouse gas emissions but suffering disproportionate climate impacts, legal systems are becoming central to securing justice. Since 2016, six countries Kenya, Nigeria, Uganda, Benin, Mauritius, and South Africa have enacted climate laws that are beginning to reshape legal avenues for environmental accountability.
As the continent accelerates infrastructure and energy development to meet growing demands, the next phase of climate litigation is expected to focus on ensuring that such projects integrate climate risk and human rights protections from the outset.
Climate litigation is no longer a rarity in Africa it is now a growing, continent-wide movement reshaping how climate responsibility is understood, enforced, and pursued through the rule of law.