By David Okul
It aims at providing a framework for climate change in Kenya, promote low-carbon development and align Kenya’s law with the international agreements, such as the Paris Agreement. It was signed into law by President Ruto on 1st September 2023 and came into force on 15th September 2023. This article provides a summary of the 8 parts of the Kenya’s Climate Change Amendment (2023) Act.
Part 1: Preliminary
It gives operational definition to certain terms including aggregate earnings, carbon markets, carbon standards, and climate finance. It also highlights the purposes of the Act such as the development, management, implementation and regulation of mechanisms to enhance climate change resilience and low carbon development for the sustainable development in Kenya
Part II: Policy Coordination and oversight
The Act establishes National Climate Change Council, which is chaired by the president. Other members include cabinet secretary (environment and climate change) and the directorate. The council has the overarching role of national climate change mechanism including the execution of National Climate Change Action Plan
Cabinet secretary provides guidance on climate change governance and the implementation of the Act. The CS also appoints the Designated National Authority. DNA is responsible for Article 6 of the Paris agreement and maintain the national registry
Climate Change Directorate established and headed by Secretary of Climate Change. The secretary will advise the Cabinet Secretary on matters relating to legislation, policy, co-ordination, regulation and monitoring of climate change governance.
The functions of Directorate are listed in the Act and include providing support on climate change to the other various agencies. Seal of the council is authenticated by the chair of the council and secretary of climate change
Part III: Climate Change Response Measures and Actions
Cabinet Secretary with public consultation formulates National Climate Change Action Plan, which will be approved by the Council. The Action Plan provides a pathway for country to implement a resilient low carbon sustainable development including mitigation and adaptation measures and mechanisms.
Part IV: Duties related to Climate Change
The Council can impose duties related to climate change on any public entity at all levels of government in consultation with cabinet secretaries and county governments.
Each state department and national government agency shall integrate climate action plans into sectoral strategies. They also need to report on GHG emissions for national inventory
The Council can also impose climate change obligations on private entities.
National Environmental Management Authority (NEMA) is mandated to monitor whether private or public entities are complying
The act provides provisions for mainstreaming climate change in strategic areas for state departments and corporations, including county governments.
Part IVA: Regulations of Carbon Markets
the section mentions that the Cabinet Secretary will provide additional requirements on the regulation of carbon markets.
Every carbon trading project is required to undergo an environmental and social impact assessment in accordance with the Environmental Management and Coordination Act. Additionally, REDD+ projects will also need safeguards standards assessments.
Every land project shall be implemented via a community development agreement. CDAs will be registered in the registry. Annual social contributions of the earnings of the previous year shall be disbursed to the community (At least 40% for land-based projects and 25% for non-land-based projects.
Part V: Public Participation and Access to Information
Public entities at each level of government shall, at all times when developing strategies, laws and policies relating to climate change, undertake public awareness and conduct public consultations.
Any person can request information from the Council or Directory; but they have rights not to give information under some circumstances (24.6).
Part VI: Financial provisions
Climate Change Fund vested in the National Treasury. The fund is administered by the Council.
The funds shall be applied for research, business, adaptation and mitigation projects, and technical assistance for counties.
Part VII: Miscellaneous provisions
Various aspects are listed in the miscellaneous section including public engagement, conflict of interest issues, and personal liabilities.
Further, it outlines offenses and penalties. For instance, a fine of KES 10 million or 5 years in prison for failing to comply with instructions of the Council. Additionally, wrongly engaging in carbon credit training attracts a fine of KES 500 million or 10 years in prison
Part VII: Delegated Legislation
The act proposes various regulations to operationalize it. For example:
- the regulation of carbon markets (signed in 2024)
- the regulation of carbon trading;
- the regulation of carbon registries
- the regulation of non-market approaches
- the delegation of the Council’s functions or powers
Concluding remarks
The previous bill (Climate Change Act 2016) did not include carbon trading and market frameworks. As such, the amended law (and its various regulations) provides a mechanism to enhance Kenya’s role in fighting climate change. it establishes NEMA as the DNA
David Okul is an environmental management professional with over 12 years experience on donor projects, conservation, forestry, ecotourism, and community-based natural resources management. When not working on environmental projects, I spend my time writing for Silvica on a variety of topics. The view in this blog are personal and do not represent the organizations that he is associated with.
