OPINION

OPINION: Kenya Must Fully Embrace Its Climate Laws to Secure a Sustainable Future

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A girl carries yellow jerry cans during long hours searching for water after years of drought in Marsabit county, in northern Kenya, on 2 August 2022. Photo/ Courtesy

Climate change is no longer a distant threat—it is a lived reality. From rising temperatures to devastating droughts, destructive floods, and shrinking natural resources, Kenya is experiencing the full weight of a global climate emergency. Fortunately, we are not starting from scratch.

In recent years, Kenya has taken bold steps by enacting one of the most progressive legal frameworks on climate change in Africa.

However, legislation alone is not enough. What we need now is full implementation, public awareness, and local ownership of these laws.

The Climate Change Act, Cap 387A—enacted in 2023—was a landmark moment for the country.

Its main goal is to enhance climate change resilience while steering Kenya towards a low-carbon development path.

Among its key provisions is the establishment of the National Climate Change Council, chaired by none other than the President of the Republic.

This inclusive high-level body, which brings together representatives from government, civil society, private sector, academia, youth, and marginalized communities, is tasked with approving national climate plans, setting greenhouse gas (GHG) emission targets, and overseeing implementation.

Through this Act, Kenya also established a Climate Change Fund—a vital financial mechanism to support priority climate actions.

TThe fund is meant to support everything from research and innovation to community-based mitigation projects and adaptation interventions.

Yet, for this fund to be effective, it must be well-resourced, transparent, and accessible—particularly to counties and local actors on the frontlines of climate impacts.

Recognizing the dynamic nature of climate governance, Kenya took another important step through the Climate Change (Amendment) Act, 2023, which came into force in September last year.

This amendment introduced critical updates that align our national frameworks with international obligations under the Paris Agreement—particularly in regulating and participating in carbon markets.

One of the most forward-looking innovations in this amendment is the creation of a National Carbon Registry, which tracks carbon projects and credits issued or transferred from Kenya.

For investors, this registry offers transparency and accountability; for the country, it boosts credibility in global carbon trading markets.

The Act also establishes a Designated National Authority to safeguard the integrity of these transactions.

Crucially, the amendment Act centers communities in the climate conversation. It requires that land-based carbon projects must be guided by a Community Development Agreement.

This legally binding document ensures fair benefit-sharing between project proponents and affected communities and outlines commitments to environmental, social, and economic development based on local priorities. It is a major win for justice, equity, and inclusion in climate action.

The updated law further mandates Environmental Impact Assessments before any carbon trading project begins, introduces stringent penalties for fraud or misconduct in the carbon space—including imprisonment or fines up to KES 500 million—and sets up clear dispute resolution mechanisms.

Parliament, where I serve, plays a critical role in this climate journey. Through legislation, budget oversight, and public accountability, the National Assembly and Senate ensure that climate laws are not only passed but also enforced.

Committees conduct site visits, summon government agencies for reporting, and hold them accountable for slow or ineffective implementation.

Members of Parliament also participate in public education and lead local climate action, including tree planting and environmental awareness.

As Kenya positions itself as a hub for green investment and climate innovation, we must move from legislation to transformation.

Laws, no matter how comprehensive, are only as effective as their implementation.

County governments must mainstream climate action into their development plans.

Communities must be meaningfully engaged and empowered. Investors must be protected by sound regulation. And government departments must work together—guided by the National Climate Change Action Plan—to deliver measurable outcomes.

We already have the legal tools we need. What remains is to adopt these tools in practice—with urgency, coordination, and accountability.


Mr. Hamdi Mohamed holds a Bachelor of Arts in Sociology and Political Science from the University of Nairobi. He serves as a Clerk Assistant attached to the Departmental Committee on Environment, Forestry and Mining at the National Assembly. The views expressed are his own.

The opinions shared are his alone and do not imply the views of any other entity or individual.

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