
Kenyas Bold Climate Action Legislating for a Greener Planet

Kenya is taking bold steps toward climate protection and environmental sustainability, reinforcing its commitment to safeguarding the planet for future generations. Through progressive policies, renewable energy investments, and legislative reforms, the country is setting a precedent for climate resilience in Africa. From hosting global climate summits to enacting strict environmental laws, Kenya’s approach underscores the urgency of mitigating climate change impacts while promoting green growth and sustainable development.
It is important for us to note that since the date of publication of our last article on Environment, Climate Change and Natural Resources, Kenya has made significant efforts to mitigate the negative impacts of climate change. The Country’s participation in the 2023 United Nations Climate Change Conference, COP28, from November 30 to December 12, 2023, at the Expo City, Dubai solidified the commitment to lead in the mitigation efforts of the negative effects of climate change. Flowing from that conference, Kenya was one of the participants that came up with the UAE Consensus (here) which laid down the grounds for a new era of implementing the Paris Agreement (here).which Kenya is a signatory to.
Kenya further participated in UNFCCC Intersessional Meetings at Bonn, Germany, in April 2024, which meetings emphasized strengthening Nationally Determined Contributions (NDCs) to align with the Paris Agreement’s climate goals. In COP29 (UN Climate Conference) held in Baku, Azerbaijan, from November 11–22, 2024, Kenya advocated for stronger financial commitments to support vulnerable nations while participating in conversations on climate finance, emission reductions, and adaptation strategies.
Based on the trajectory Kenya is taking, it is crucial to analyze the legislation in place being the Climate Change Act, recently amended by the Climate Change (Amendment) Act, 2023. The Amendment Act brings a wide array of changes and most importantly, in relation to effecting Article 6 of the Paris Agreement by introducing provisions on the regulation and participation in Carbon Markets through carbon trading, which Kenya has subsequently discussed on global platforms.
In implementing the Amendment Act, on one hand, the government will set a cap on total emissions and participants in the market such as corporate entities or individuals will have to comply by either:
- Reducing their limits;
- Or buying permits from other participants that have complied. This introduces an interesting concept for financial value of the carbon credits.
On the other hand, participants can volunteer to offset greenhouse gas emissions by buying carbon credits that reduce emissions in a different place like renewable energy, planting trees or participating in sustainable climate practices. On the large scale, countries can also trade with other countries protected under international Agreements like the Kyoto Protocol. The concepts introduced by the Amendment Act all aim towards raising finance through carbon markets to boost local economy.
Some of the other Amendments include:
The registry established under the Amendment Act will be regulated by National Environment Management Authority (NEMA). The role of the Registry majorly be:
- To provide a centralized arena for recording and tracking carbon trading and emissions;
- To maintain a Register of Community Development Agreements that benefit local communities; and
- To record transactions of carbon credits to enhance effectiveness of carbon credits.
In the initial Act, there was no need for a Community Development Agreement, however, in the new Act, provides that for every land-based project undertaken under the Act, it must be implemented through a Community Development Agreement which shall outline the relationship and obligations of the proponents of the Project.
Ideally, such an Agreement should contain:
- The stakeholders of the project including project proponent, impacted communities, the National Government and the County Government where the project will be undertaken;
- The manner of engagement with the local community especially those that will be impacted;
- The sharing of the benefits from the carbon markets and carbon credits with the proponent and local impacted communities; and
- The manner of review or amendment of the Community Development Agreement.
The act further provides that the CDA shall be recorded in the National Registry, which we have described above. This amendment seeks to protect local communities as the projects will be required to conform with Kenya’s international commitments of improving, the social and environmental wellbeing of communities.
The Act anticipates that disputes may arise from carbon market projects and makes crucial provision for resolution.
The Community Development Agreement envisioned above will have a Dispute Resolution Mechanism, and any dispute for a land-based project will be subjected to that mechanism and should be resolved within 30 days. We note that the timeline is not only strict but ambitious but overall, the Act is futuristic
However, for non-land projects, if there is a dispute, then the Act’s preferred way of resolution is through alternative dispute resolution mechanism, within 30 days, and if it is not resolved, then the same goes before the National Environmental Tribunal.
The Act also introduces offences such as:
- Failing to maintain carbon records;
- Knowingly selling carbon credits to unauthorized entities;
- Engaging in money laundering through carbon trading; and
- Giving false and misleading information knowingly for environmental or financial gains.
If individuals or entities are found guilty of these offences, they may suffer dire consequences with fines reaching Kshs. 500 million and possible imprisonment for a period of up to 10 years or both.
While Africa contributes less than 5% of global greenhouse gas emissions, it remains on the frontlines of climate change’s devastating impact. Kenya’s latest legislative amendments are a bold, forward-thinking move, aligning with the world’s accelerating shift toward cleaner, greener solutions. But beyond environmental protection, Kenya is strategically tapping into the financial potential of carbon markets, creating new opportunities for economic growth and sustainability. With global investors prioritizing carbon-neutral businesses, Kenya’s proactive stance sends a powerful signal—it is ready to lead, innovate, and shape the future of sustainable commerce. The real test, however, lies in implementation. Will Kenya’s ambitious climate policies translate into action? If successful, the country will solidify its place as a climate trailblazer, standing at the forefront of global environmental advocacy.