Kenya has taken a significant step toward strengthening its climate governance framework, with new regulations under the Climate Change Act presented before the Senate Committee on Delegated Legislation for parliamentary scrutiny.
Cabinet Secretary for Environment Debora Barasa appeared before the Committee to outline the Climate Change (Non-Market Approaches) Regulations, 2026, published as Legal Notice No. 8, which aim to expand Kenya’s climate action well beyond traditional carbon trading systems. The regulations were formally submitted to the Senate through the Clerk on 16 February 2026.
The proposed regulations are anchored in Article 6.8 of the Paris Agreement, which promotes non-market approaches (NMAs) – climate actions that do not rely on buying and selling carbon credits. These include policy coordination, technology transfer, and capacity-building initiatives designed to accelerate sustainable development while reducing emissions.
Officials told the Committee that the regulations provide a critical link in Kenya’s domestic climate architecture by enabling broader international cooperation while prioritising sustainable development and social inclusion. The Climate Change Directorate will review project proposals based on their alignment with national priorities, contribution to sustainable development, and the presence of robust transparency and accountability mechanisms.
”By moving beyond carbon trading, Kenya is positioning itself as a leader in collaborative climate action that prioritises sustainable development alongside emission reductions.” CS Debora Barasa, Ministry of Environment.
Environment and Climate Committee Chair Eng. F. Ngeno noted that the regulations introduce safeguards requiring all climate initiatives to respect human rights and fundamental freedoms. They must also promote gender equity, ensure inclusion of marginalised groups, and comply with existing environmental laws — including the Environmental Management and Coordination Act.
A standout provision mandates Free, Prior, and Informed Consent (FPIC) for any projects affecting community land, ensuring that local populations actively approve initiatives before they are implemented. This marks a shift from past frameworks where communities were often consulted after the fact.
Approved projects will be publicly listed on the National Non-Market Approaches Platform to enhance transparency and facilitate international reporting, while a structured dispute resolution mechanism will address conflicts that emerge during implementation.
The Permanent Secretary confirmed that all required supporting documents — including an explanatory memorandum, regulatory impact statement, compliance certificate, and public participation records — have been duly submitted in accordance with the Statutory Instruments Act.
In her closing remarks, CS Barasa urged the Committee to approve the regulations, arguing they will strengthen transparency and integrity in Kenya’s broader climate framework while providing critical protections for communities. The Senate Committee is expected to deliberate further before issuing its formal recommendation.
