The Cabinet Secretary for Environment, Climate Change and Forestry has published the Draft Climate Change (Carbon Trading) Regulations, 2025 and the Draft Climate Change (Non-Market Approaches) Regulations, 2025 and invited the public to make submissions to the State Department for due consideration.
This development is the latest in a series of moves towards in due course achieving full operationalisation of the Climate Change Act (an act to provide for a regulatory framework for enhanced response to climate change and to provide for mechanisms and measures to achieve low carbon climate development).
So far, in this connection the Climate Change (Carbon Markets) Regulations, 2024 (which provide a framework for implementation of carbon projects) came into effect on 17 May 2024. On 22 November 2024, a Multi Sectoral Technical Committee was appointed under these regulations to provide technical assistance to the National Environment Management Authority, the body charged with among other duties, issuing letters of approval to carbon project proponents; monitoring registered carbon projects and compliance and the maintenance of the National Carbon Registry to be operationalised in due course.
The Draft Climate Change (Carbon Trading) Regulations, 2025 look to set out a structured framework for carbon trading in voluntary and compliance markets.
The Draft Climate Change (Non-Market Approaches) Regulations, 2025 look to facilitate implementation and co-ordination of non-market approaches to climate change.
The deadline for submission of views to the State Department of Environment, Climate Change and Forestry is 5 March 2025.
This alert serves the purpose of general guidance and is not intended to constitute specific legal advice. For legal guidance concerning this alert, please contact our Partners, Julius.Wako@CMS-DI.com or Kevin.Kwasa@CMS-DI.com.
*Contributors - CMS Kenya Energy and Climate Change
• Julius Wako, Partner, Head of Practice – Energy & Climate Change
• Kevin Kwasa, Partner
• Jacinta Ngumo, Principal Associate
• Brian Macharia, Associate
