The Senate Committee on Delegated Legislation has directed the Ministry of Environment, Climate Change and Forestry to ensure comprehensive stakeholder engagement in the development of regulations under its mandate.
During a meeting with the Cabinet Secretary for Environment, Climate Change and Forestry, Deborah Barasa, Committee members led by Chairperson Senator Mwenda Gataya (Tharaka Nithi) raised concerns over the public participation process undertaken in the formulation of the Climate Change (Non Market Approaches) Regulations, 2026. They argued that the required standards for public participation were not adhered to.
The Senators cited the reliance on virtual public participation as a key shortcoming, noting that it did not adequately meet the threshold for meaningful engagement.
They also questioned the Ministry’s use of the MyGov publication to reach the public, expressing doubts as to whether it meets the legal requirements for public notification.
Earlier, the Committee had observed that the regulation making body failed to submit an explanatory memorandum as well as evidence of public participation as required under the Statutory Instruments Act.
In her response, Cabinet Secretary Deborah Barasa acknowledged the concerns raised by the Committee and assured Members that the Ministry would take into account their guidance and strictly adhere to the directives issued. She reaffirmed the Ministry’s commitment to establishing a robust legal framework to ensure integrity and transparency in the carbon market.
The Climate Change (Non Market Approaches) Regulations, 2026 published on 12th February 2026, seek to operationalise Article 6.8 of the Paris Agreement by outlining non-market approaches that Kenya will adopt in addressing climate change.
Part II of the Regulations establishes an institutional framework, including the creation of a National Non Market Approaches Platform. The platform will serve as the central coordination and transparency mechanism, with responsibilities such as receiving project proposals, maintaining a public register of approved initiatives, publishing implementation progress and facilitating coordination among national and county governments, civil society and research institutions.
Part V outlines monitoring, reporting and transparency obligations following project approval. Under the Regulations, project proponents are required to submit periodic progress reports using prescribed templates and provide evidence of implementation outcomes.
Committee members present at the meeting included Senators Mwenda Gataya (Chairperson), Danson Mungatana (Vice-Chairperson), Joyce Korir, Betty Montet, Mohamed Faki (Mombasa) and Daniel Maanzo (Makueni).
By Anthony Solly
