Climate Change Act

Section 1. Short title Section This Act may be cited as the Climate Change Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "adaptation" means adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects which moderates harm or exploits beneficial opportunities; “aggregate earnings” means the total of all income in a carbon project without adjustment for inflation, taxation or types of double counting; "all levels of government" means all departments and agencies of the national and county governments; "Authority" means the National Environmental Management Authority established by the Environmental Management and Coordination Act ( Cap. 387 ) or its successor legislation; "Cabinet Secretary" means the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") ; “carbon budget” means the approved quantity of greenhouse gas emission that is acceptable over a specified time and shall be informed by the National Greenhouse Gas Inventory and guide on emission reduction allocation for Nationally Determined Contributions or any other use consistent with the Conference of the Parties serving at the meeting of the Parties to the Paris Agreement guidance, rules, modalities and procedures; “carbon credits” means a credit created when the equivalent of one metric tonne of carbon dioxide is prevented from entering the atmosphere and is equal to one tonne of carbon dioxide or the equivalent amount of a different greenhouse gas reduced, sequestered, or avoided; “carbon market” means a mechanism that enables and allows public and private entities to transfer and transact emission reduction units, mitigation outcomes or offsets generated through carbon initiatives, products, programmes and projects subject to compliance of national and international laws; “carbon projects” means interventions including programs, projects, and products designed to remove, reduce, sequester or avoid carbon emissions ; "carbon offset” means a reduction or removal of emissions of carbon dioxide or other greenhouse gases made in order to compensate with equivalent number of emissions for emissions made elsewhere; "carbon standards" means a complete set of established rules, procedures, and methodologies that guide on the generation and issuance of certified carbon credits ; "climate change" means a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period; "climate change duties" means the statutory obligations conferred on public and private entities to implement climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") actions consistent with the national goal of low carbon climate resilient development; "climate change resilience" means the capability to maintain competent function and return to some normal range of function even when faced with adverse impact of climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") ; "climate change secretariat" means the secretariat established by the Public Service Commission to coordinate climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") mitigation ("efforts that seek to prevent or slow down the increase of atmospheric greenhouse gas concentrations by limiting current or future emissions and enhancing potential sinks for greenhouse gases;") and adaptation ("adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects which moderates harm or exploits beneficial opportunities;") actions and interventions; "climate finance" means monies available for or mobilized by government or non-government entities to finance climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") mitigation ("efforts that seek to prevent or slow down the increase of atmospheric greenhouse gas concentrations by limiting current or future emissions and enhancing potential sinks for greenhouse gases;") and adaptation ("adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects which moderates harm or exploits beneficial opportunities;") actions and interventions; “community” means a consciously distinct and organized group of users of community land who are citizens of Kenya and share any of the following attributes— (a) common ancestry; (b) similar culture or unique mode of livelihood; (c) socio-economic or other similar common interest; (d) geographical space; (e) ecological space; or (f) ethnicity. “corresponding adjustment” means the deduction of verified emission reductions by the Host Party and addition of the corresponding amount of verified emission reductions by the Receiving Party, whereas such reductions will not count against the Host Party’s Nationally Determined Contributions and shall count towards the acquiring Party’s Nationally Determined Contributions; "Council" means the National Climate Change Council established under section 5 ; "county executive committee member" means the county executive committee member for the time being responsible for matters relating to climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") ; “Designated National Authority” means the entity or organization granted the responsibility to authorize and approve participation in projects under the Paris Agreement on Climate Change; "emissions" , in relation to a greenhouse gas , means emissions of that gas into the atmosphere where the emissions are attributable to human activity; "Fund" means the Climate Change Fund established under section 25 ; "greenhouse gas" includes but is not limited to— (a) carbon dioxide; (b) methane; (c) nitrous oxide; (d) hydrofluorocarbons; (e) perfluorocarbons; (f) sulphur hexafluoride; and (g) indirect greenhouse gases; "intergenerational" means with reference to equity among present and future generations and equity in the present generation; “Internationally Transferred Mitigation Outcomes” means real, additional and verified reduction in greenhouse gas emissions or removal of greenhouse gases from the atmosphere, measured in tC02eq and representing one tC02eq per methodologies approved under the Paris Agreement Rules and generated by a specific mitigation ("efforts that seek to prevent or slow down the increase of atmospheric greenhouse gas concentrations by limiting current or future emissions and enhancing potential sinks for greenhouse gases;") activity from 2021 onwards; “internationally recognized entity” means any entity that is accredited under an established set of rules as properly constituted to oversee a carbon market ; "mainstreaming" means the integration of climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") actions into decision making and implementation of functions by the sector ministries, state corporations and county governments; "mitigation" means efforts that seek to prevent or slow down the increase of atmospheric greenhouse gas concentrations by limiting current or future emissions and enhancing potential sinks for greenhouse gases; "mitigation outcomes” means reductions in greenhouse gas emissions with global warming potential equivalent to one tonne of carbon dioxide that has been measured and verified in accordance with the Standards; “National Carbon Registry” means the Carbon Registry established under section 23G ; “nature-based solutions” means actions that protect, sustainably manage, or restore natural ecosystems, that address societal challenges such as climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") , human health, food and water security, and disaster risk reduction effectively and adaptively, simultaneously providing human well-being and biodiversity benefits; “non-market approaches” means approaches that aim at promoting mitigation ("efforts that seek to prevent or slow down the increase of atmospheric greenhouse gas concentrations by limiting current or future emissions and enhancing potential sinks for greenhouse gases;") and adaptation ("adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects which moderates harm or exploits beneficial opportunities;") ambition, enhancing public and private sector participation in the implementation of nationally determined contributions; and enabling opportunities for coordination across instruments and relevant institutional arrangements; “Paris Agreement” means the Paris Agreement on Climate Change adopted by the Conference of the Parties at its 21 st session in Paris in 2015; "project proponent" means an entity legally responsible for carrying out a specific project; "public entity" means body or person with functions of a public nature; "private entity" means a body or person with functions of a private nature, and includes bodies registered under the Non-Governmental Organizations Co-ordination Act ( Cap. 134 ); "recognized credible international body” means any entity that is tasked with accreditation of an internationally recognized entity ; “Reduced Emissions from Deforestation and Forest Degradation” means activities in the forest sector that reduce greenhouse gas emissions from deforestation and forest degradation, as well as the sustainable management of forests and the conservation and enhancement of forest carbon stocks at national and sub national levels; "recycling" , in relation to any waste , includes recovery and re-use whether or not the waste is subjected to any process and cognate expressions are to be construed accordingly; “share of proceeds” means levies from activities under the Paris Agreement that are used to cover administrative expenses as well as assisting developing country Parties that are vulnerable to the adverse effects of climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") to meet the costs of adaptation ("adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects which moderates harm or exploits beneficial opportunities;") ; “stakeholder” means a person, business, community or organization that has an interest in or is affected by the activities of carbon projects and the results those actions produce; “State Party” means a Country that has ratified the Paris Agreement on Climate Change; “technology” means technologies used to reduce greenhouse gases and to adapt to the adverse impacts of climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") ; “tonnes of carbon dioxide equivalent (tC02eq)” means an amount of carbon dioxide emission measured in metric tonnes would cause the same integrated radiative forcing or temperature change, over a given time horizon, as an emitted amount of a greenhouse gas or a mixture of greenhouse gases; “voluntary carbon market” means a market where private investors, governments, non-governmental organizations, and businesses voluntarily buy and sell carbon credits that represent certified emissions removals or reductions of greenhouse gases in the atmosphere; “whitelist” means a non-binding, non-exhaustive periodic list of activities or technologies that can deliver mitigation outcomes as provided for in the Nationally Determined Contributions and that are preferred by the Government of Kenya for Article 6.2 bilateral cooperation; and "waste" has the meaning assigned to it in section 2 of the Environmental Management and Co-ordination Act ( Cap. 387 ). [Act No. 9 of 2023 , s. 2.]

Section 3. Objects and purposes Section 3(1) This Act shall be applied for the development, management, implementation and regulation of mechanisms to enhance climate change resilience ("the capability to maintain competent function and return to some normal range of function even when faced with adverse impact of climate change;") and low carbon development for the sustainable development of Kenya. Section 3(2)(a) mainstream climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") responses into development planning, decision making and implementation; Section 3(2)(b) build resilience and enhance adaptive capacity to the impacts of climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") ; Section 3(2)(c) formulate programmes and plans to enhance the resilience and adaptive capacity of human and ecological systems to the impacts of climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") ; Section 3(2)(d) mainstream and reinforce climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") disaster risk reduction into strategies and actions of public and private entities; Section 3(2)(e) mainstream intergenerational ("with reference to equity among present and future generations and equity in the present generation;") and gender equity in all aspects of climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") responses; Section 3(2)(f) provide incentives and obligations for private sector contribution in achieving low carbon climate resilient development; Section 3(2)(g) promote low carbon technologies, improve efficiency and reduce emissions intensity by facilitating approaches and uptake of technologies that support low carbon, and climate resilient development; Section 3(2)(ga) provide guidance in the development and implementation of carbon markets and non-market approaches in compliance with international obligations; Section 3(2)(h) facilitate capacity development for public participation in climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") responses including carbon market and non-market approaches through awareness creation, consultation, representation and access to information; Section 3(2)(i) mobilize and transparently manage public and other financial resources for climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") response; Section 3(2)(j) provide mechanisms for, and facilitate climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") research and development, training and capacity building; Section 3(2)(k) mainstream the principle of sustainable development into the planning for and decision making on climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") response; and Section 3(2)(l) integrate climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") into the exercise of power and functions of all levels of governance, and to enhance cooperative climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") governance between the national government and county governments. Section 3(3) The rights and duties conferred under this Act are in addition to those conferred by any other law. [Act No. 9 of 2023 , s. 3.]

Section 4. Guiding values and principles Section 4(1)(a) enacting, applying or interpreting any provisions of this Act; and Section 4(1)(b) making or implementing public policy decisions on climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") . Section 4(2)(a) national values and principles of governance in Article 10 of the Constitution and the values and principles of public service in Article 232 of the Constitution; Section 4(2)(b) be guided by the provisions of Articles 42 and 69 of the Constitution; Section 4(2)(c) ensure promotion of sustainable development under changing climatic conditions; Section 4(2)(d) ensure equity and social inclusion in allocation of effort, costs and benefits to cater for special needs, vulnerabilities, capabilities, disparities and responsibilities; Section 4(2)(e) ensure integrity and transparency; Section 4(2)(f) ensure participation and consultation with stakeholders in accordance with the Schedule.

Section 10. Seal of theCouncil Section 10(1) The seal of the Council ("the National Climate Change Council established under;") shall be such device as may be determined by the Council ("the National Climate Change Council established under;") and shall be kept by the Secretary of Climate Change. Section 10(2) The affixing of the seal shall be authenticated by the chairperson of the Council ("the National Climate Change Council established under;") and the Secretary of Climate Change. Section 10(3) Any document purporting to be under the seal of the Council ("the National Climate Change Council established under;") or issued on behalf of the Council ("the National Climate Change Council established under;") shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved. [Act No. 9 of 2023 , s. 8.]

Section 11. Delegation of powers by theCouncil Section Subject to the provisions of this Act, the Council ("the National Climate Change Council established under;") may, either generally or in a particular case, delegate to any committee or to any member of the Council ("the National Climate Change Council established under;") or officer or agent of the Council ("the National Climate Change Council established under;") , the exercise of any of the functions of the Council ("the National Climate Change Council established under;") under this Act.

Section 12. Code of conduct Section The Council ("the National Climate Change Council established under;") shall, by Regulations, prescribe a Code of Conduct for members of the Council ("the National Climate Change Council established under;") and staff of the Council ("the National Climate Change Council established under;") .

Section 5. Establishment of the Climate ChangeCouncil Section 5(1) There is established an unincorporated body to be known as the National Climate Change Council ("the National Climate Change Council established under;") . Section 5(2) The Council ("the National Climate Change Council established under;") shall be chaired by the President. Section 5(3) The Deputy President who shall be the vice-Chairperson to the Council ("the National Climate Change Council established under;") . Section 5(4) The Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") for the time being responsible for environment and climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") affairs shall be the secretary to the Council ("the National Climate Change Council established under;") . Section 5(5) The Directorate established under this Act shall serve as the Secretariat of the Council ("the National Climate Change Council established under;") .

Section 6. Functions of theCouncil Section ensure the mainstreaming ("the integration of climate change actions into decision making and implementation of functions by the sector ministries, state corporations and county governments;") of the climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") function by the national and county governments;

Section 7. Members of theCouncil Section 7(1) The Council ("the National Climate Change Council established under;") shall comprise not more than nine members who shall be appointed by the President. Section 7(2)(a) the Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") responsible for environment and climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") affairs; Section 7(2)(b) the Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") responsible for the National Treasury; Section 7(2)(c) deleted by ActNo. 9 of 2023, s. 5; Section 7(2)(d) the Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") responsible for energy; Section 7(2)(e) the Chairperson of the Council ("the National Climate Change Council established under;") of Governors; Section 7(2)(f) a representative of the private sector; Section 7(2)(g) a representative of the civil society; Section 7(2)(ga) a representative of the youth; Section 7(2)(h) a representative of the marginalised community within the meaning of Article 260 of the Constitution who has knowledge and experience in matters relating to indigenous knowledge; and Section 7(2)(i) a representative of the academia. Section 7(3) A person shall be appointed under subsection (2)(f), (g),(h) and (i), if the person has expertise and experience in matters of climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") , economy, finance, law, environment and public administration. Section 7(4) The names of persons nominated for appointment under subsection (2)(f), (g), (h) and (i) shall be submitted to Parliament for approval. Section 7(5)(a) is a citizen of Kenya; Section 7(5)(b) fulfils the requirements of Chapter 6 of the Constitution; and Section 7(5)(c) has at least ten years' experience in the relevant field. Section 7(6) The President shall in the appointment of members ensure compliance with the two thirds gender principle. Section 7(7) Deleted by ActNo. 9 of 2023, s. 5. Section 7(8) The Council ("the National Climate Change Council established under;") may co-opt members with relevant expertise when needed to advise on specific matters. Section 7(9) The Council ("the National Climate Change Council established under;") may from time to time establish committees for the better carrying out of its functions. Section 7(10) The members of the Council ("the National Climate Change Council established under;") shall be paid such allowances as the Salaries and Remuneration Commission may determine. Section 7(11) The Council ("the National Climate Change Council established under;") shall meet at least four times in a year. Section 7(12) The membership of the Council ("the National Climate Change Council established under;") shall be for a term of three years and renewable once. [Act No. 9 of 2023 , s. 5.]

Section 8. Powers and duties of theCabinet Secretary Section 8(1) Subject to the provisions of this Act, the Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") shall exercise control and provide guidance over climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") governance and implementation of this Act. Section 8(2)(a) formulate and periodically review the climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") policy, strategy and the National Climate Change Action Plan and submit to the Council ("the National Climate Change Council established under;") for approval; Section 8(2)(b) co-ordinate negotiations on climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") -related issues in consultation with the Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") responsible for foreign affairs; Section 8(2)(c) formulate a national gender and intergenerational ("with reference to equity among present and future generations and equity in the present generation;") responsive public education and awareness strategy on climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") and implementation programme; Section 8(2)(d) provide through the Directorate, technical assistance on climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") actions and responses to county governments, based on mutual agreement and needs cited by the county governments; Section 8(2)(e) report annually to Parliament on the status of implementation of international and national obligations to respond to climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") , and progress towards attainment of low carbon climate resilient development; Section 8(2)(f) advise the Council ("the National Climate Change Council established under;") on the carbon budget for trading, based on Kenya’s international obligations; Section 8(2)(g) approve international transfers of mitigation outcomes and emission reduction based on advice from the Climate Change Directorate; Section 8(2)(h) approve measurement, reporting and verification of greenhouse gas emissions ; and Section 8(2)(i) authorize the establishment of the Reduced Emissions from Deforestation and Forest Degradation Registry and other sector registries to feed into the National Carbon Registry ; Section 8(2A) The Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") shall appoint the Designated National Authority for market mechanisms and any other mechanisms deriving from Article 6 of the Paris Agreement . Section 8(2B) The Designated National Authority appointed under subsection (2A) shall, in addition to international obligations, maintain the National Carbon Registry established under section 23G . Section 8(3) The Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") in discharge of the duties and functions under this Act shall be assisted by the Climate Change Directorate established under this Act. [Act No. 9 of 2023 , s. 6.]

Section 9. Climate Change Directorate Section 9(1) There is established the Climate Change Directorate, as a Directorate in the state Department for the time being responsible for climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") . Section 9(2) The Directorate shall be the lead agency of the government on national climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") plans and actions to deliver operational co-ordination. Section 9(3) The Directorate shall be headed by a Secretary of Climate Change who shall be recruited competitively and appointed by the Public Service Commission. Section 9(4)(a) is a citizen of Kenya; Section 9(4)(b) environmental studies; Section 9(4)(b)(i) environmental studies; Section 9(4)(b)(ii) engineering; Section 9(4)(b)(iii) meteorology; Section 9(4)(b)(iv) climatology; Section 9(4)(b)(v) law; Section 9(4)(b)(vi) economics; or Section 9(4)(b)(vii) such other relevant field as may be determined by the Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") in consultation with the Public Service Commission; Section 9(4)(c) has at least ten years' experience at senior management level in the relevant field; and Section 9(4)(d) meets the requirements of Chapter Six of the Constitution. Section 9(5) The Secretary appointed under subsection (4) shall be responsible for the performance of specific duties and functions of the Directorate as set out in this Act. Section 9(6) The Secretary shall advise the Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") on matters relating to legislation, policy, co-ordination, regulation and monitoring of climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") governance. Section 9(7) The Directorate shall, on behalf of the Council ("the National Climate Change Council established under;") , perform functions as may be specifically set out in this Act and in regulations. Section 9(8)(a) provide analytical support on climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") to the various sector ministries, agencies and county governments; Section 9(8)(b) establish and manage a national registry for appropriate mitigation ("efforts that seek to prevent or slow down the increase of atmospheric greenhouse gas concentrations by limiting current or future emissions and enhancing potential sinks for greenhouse gases;") actions by public and private entities; Section 9(8)(c) serve as the national knowledge and information management centre for collating, verifying, refining, and disseminating knowledge and information on climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") ; Section 9(8)(d) identify low carbon development strategies and co-ordinate related measurement, reporting and verification; Section 9(8)(d)(i) identify low carbon development strategies and co-ordinate related measurement, reporting and verification; Section 9(8)(d)(ii) develop strategies and co-ordinate actions for building resilience to climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") and enhancing adaptive capacity; Section 9(8)(d)(iii) optimize the country's opportunities to mobilize climate finance ("monies available for or mobilized by government or non-government entities to finance climate change mitigation and adaptation actions and interventions;") ; Section 9(8)(e) co-ordinate adherence to the county's international obligations including associated reporting requirements; Section 9(8)(f) co-ordinate implementation of the gender and intergenerational ("with reference to equity among present and future generations and equity in the present generation;") climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") education, consultation and learning at the national and county governments levels; Section 9(8)(g) provide, on instruction of the Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") , technical assistance based on needs identified by county governments. Section 9(9) The Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") shall, in consultation with the Public Service Commission determine the staff establishment required for the Directorate to effectively perform its functions under this Act, including mechanisms to transition staff from the climate change secretariat ("the secretariat established by the Public Service Commission to coordinate climate change mitigation and adaptation actions and interventions;") to the Directorate, based on performance evaluation. [Act No. 9 of 2023 , s. 7.]

Section 13.Cabinet Secretaryto coordinate the preparation ofclimate changeaction plans, strategies and policies Section 13(1) The Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") shall, in accordance with Article 10 of the Constitution and section 3 of this Act, and through public consultation, formulate a National Climate Change Action Plan. Section 13(2) The National Climate Change Action Plan shall be presented for approval by the Council ("the National Climate Change Council established under;") . Section 13(3)(a) to guide the country toward the achievement of low carbon climate resilient sustainable development; Section 13(3)(b) to set out actions for mainstreaming ("the integration of climate change actions into decision making and implementation of functions by the sector ministries, state corporations and county governments;") climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") responses into sector functions; Section 13(3)(c) for adaptation ("adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects which moderates harm or exploits beneficial opportunities;") to climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") ; Section 13(3)(d) for mitigation ("efforts that seek to prevent or slow down the increase of atmospheric greenhouse gas concentrations by limiting current or future emissions and enhancing potential sinks for greenhouse gases;") against climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") ; Section 13(3)(e) to specifically identify all actions required as enablers to climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") response; Section 13(3)(f) to mainstream climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") disaster risk reduction actions in development programmes; Section 13(3)(g) to set out a structure for public awareness and engagement in climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") response and disaster reduction; Section 13(3)(h) to identify strategic areas of national infrastructure requiring climate proofing; Section 13(3)(i) to review and determine mechanisms for climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") knowledge management and access to information; Section 13(3)(j) to enhance energy conservation, efficiency and use of renewable energy in industrial, commercial, transport, domestic and other uses; Section 13(3)(k) to strengthen approaches to climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") research and development training and technology transfer; Section 13(3)(l) to review and recommend duties of public and private bodies on climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") ; Section 13(3)(m) to review levels and trends of greenhouse gas emissions ; Section 13(3)(n) to identify outputs, overall budget estimates and timeframes to realize expected results; Section 13(3)(o) to guide on the description of annual carbon budget for each of the years that make up the five-year cycle; Section 13(3)(p) to identify past, current and projected sector-based greenhouse gases emission profile; Section 13(3)(q) to set out proposed carbon credit project pipeline based on the white list; Section 13(3)(r) to review and recommend the level of compliance with international climate commitments; and Section 13(3)(s) to specifically identify, where appropriate, priority actions to explore carbon trading; Section 13(4) Without prejudice to the foregoing, the National Climate Change Action Plan shall address all sectors of the economy, and provide mechanisms for mainstreaming ("the integration of climate change actions into decision making and implementation of functions by the sector ministries, state corporations and county governments;") of the National Climate Change Action Plan into those sectors. Section 13(5)(a) scientific knowledge about climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") ; Section 13(5)(b) technology and technological innovations relevant to climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") ; Section 13(5)(c) the economy; Section 13(5)(c)(i) the economy; Section 13(5)(c)(ii) the competitiveness of particular sectors of the economy; Section 13(5)(c)(iii) small and medium-size enterprises; Section 13(5)(c)(iv) employment opportunities; and Section 13(5)(c)(v) the socio-economic well-being of any segment or part of the population; Section 13(5)(d) fiscal circumstances, in particular, the likely impact of the action plans, strategies and policies on the marginalised and disadvantaged communities; Section 13(5)(e) social circumstances in particular, the likely impact of the action plans, strategies and policies on biodiversity and ecosystem services; Section 13(5)(f) national and international laws and policies relating to climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") and carbon markets;; and Section 13(5)(g) indigenous knowledge related to climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") adaptation ("adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects which moderates harm or exploits beneficial opportunities;") and mitigation ("efforts that seek to prevent or slow down the increase of atmospheric greenhouse gas concentrations by limiting current or future emissions and enhancing potential sinks for greenhouse gases;") . Section 13(6) A notice shall be published in the Kenya Gazette and national newspapers to notify the public on approval of the National Climate Change Action Plan by the Council ("the National Climate Change Council established under;") . Section 13(7) The Directorate shall undertake a biennial review of the implementation of the National Climate Change Action Plan and report to the Council ("the National Climate Change Council established under;") . Section 13(8) The Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") shall, in every five year period, review and update the National Climate Change Action Plan. Section 13(9) The Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") , all public bodies, and any person or entity engaged in climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") governance and administration shall, when exercising any power or discharging any statutory duty or function, be bound by the contents of the National Climate Change Action Plan. [Act No. 9 of 2023 , s. 9.]

Section 14. Policies formulated by the Government Section 14(1)(a) the objectives of the policy in relation to adaptation ("adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects which moderates harm or exploits beneficial opportunities;") to and mitigation ("efforts that seek to prevent or slow down the increase of atmospheric greenhouse gas concentrations by limiting current or future emissions and enhancing potential sinks for greenhouse gases;") against climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") ; Section 14(1)(b) the proposals for meeting those objectives; Section 14(1)(c) the arrangements for involving stakeholders and engaging the public in the course of meeting the objectives; Section 14(1)(d) the period within which the proposals and policies will be implemented; and Section 14(1)(e) measures for addressing the risks identified in the policies. Section 14(2) Subsection (1) shall, with necessary modifications, apply to reports on policies or action plans formulated by the government under this section.

Section 15. Climate change duties of public sector Section 15(1) The Council ("the National Climate Change Council established under;") may, on recommendation of the Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") and in consultation with relevant Cabinet Secretaries and county government, impose duties relating to climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") on any public entity ("body or person with functions of a public nature;") at all levels of government ("all departments and agencies of the national and county governments;") . Section 15(2) Any public entity ("body or person with functions of a public nature;") on which a climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") duty has been imposed shall, in exercising functions under this Act or any other law, act in a manner best suited to achieve the successful implementation of this Act and the National Climate Change Action Plan. Section 15(3) The duties shall be imposed and may be varied or revoked through regulations made by the Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") . Section 15(4) The imposition of climate change duties ("the statutory obligations conferred on public and private entities to implement climate change actions consistent with the national goal of low carbon climate resilient development;") shall be preceded by public awareness and consultations. Section 15(5)(a) integrate the climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") action plan into sectoral strategies, action plans and other implementation projections for the assigned legislative and policy functions; Section 15(5)(b) report on sectoral greenhouse gas emissions for the national inventory; Section 15(5)(c) designate a unit with adequate staff and financial resources and appoint a senior officer as head of the unit to coordinate the mainstreaming ("the integration of climate change actions into decision making and implementation of functions by the sector ministries, state corporations and county governments;") of the climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") action plan and other climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") statutory functions and mandates into sectoral strategies for implementation; Section 15(5)(d) regularly monitor and review the performance of the integrated climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") functions through sectoral mandates; Section 15(5)(e) put in place and implement mechanisms for sustainability in performance of sectoral mandates; and Section 15(5)(f) report annually to the Council ("the National Climate Change Council established under;") on the status and progress of performance and implementation of all assigned climate change duties ("the statutory obligations conferred on public and private entities to implement climate change actions consistent with the national goal of low carbon climate resilient development;") and functions. Section 15(6) Where an evaluation report from a statutory public body discloses unsatisfactory performance, the State Department shall undertake investigations and report the findings to the Council ("the National Climate Change Council established under;") . Section 15(7) An investigation under this section shall be undertaken by the head of unit and be processed within thirty days after receipt by the State Department. Section 15(8) Upon receiving the reports from the State Department, the Council ("the National Climate Change Council established under;") shall undertake an evaluation on performance of climate change duties ("the statutory obligations conferred on public and private entities to implement climate change actions consistent with the national goal of low carbon climate resilient development;") and functions. Section 15(9) The Council ("the National Climate Change Council established under;") shall, within three months after the end of every financial year, publish publicly and submit the evaluation report on performance of climate change duties ("the statutory obligations conferred on public and private entities to implement climate change actions consistent with the national goal of low carbon climate resilient development;") by public entities to the National Assembly for review, discussion and debate. Section 15(10) The National Assembly shall, within six months of receiving the evaluation report, provide recommendations and proposed actions to the Council ("the National Climate Change Council established under;") , the Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") , the Directorate, a State Department or statutory public entity ("body or person with functions of a public nature;") . [Act No. 9 of 2023 , s. 10]

Section 16. Climate change duties of private entities Section 16(1) The Council ("the National Climate Change Council established under;") may, in consultation with the Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") and relevant State Departments, impose climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") obligations on private entities, including entities constituted under the Public Benefits Organizations Act, 2013 ( No. 18 of 2013 ). Section 16(2) The Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") shall make regulations governing the nature and procedure for reporting on performance by private entities, including the authority to monitor and evaluate compliance. Section 16(3)(a) by notice in the Gazette , require a private entity ("a body or person with functions of a private nature, and includes bodies registered under the Non-Governmental Organizations Co-ordination Act ();") that is subject to climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") obligations to, at any time, prepare reports on the status of its performance of the climate change duties ("the statutory obligations conferred on public and private entities to implement climate change actions consistent with the national goal of low carbon climate resilient development;") and prescribe the period for reporting; and Section 16(3)(b) require any private entity ("a body or person with functions of a private nature, and includes bodies registered under the Non-Governmental Organizations Co-ordination Act ();") that fails to comply with its climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") obligations to prepare a report within a specified time, on the actions it has taken, is taking or intends to take to secure future performance with those duties.

Section 17. Monitoring compliance Section 17(1)(a) monitor, investigate and report on whether public and private entities are in compliance with the assigned climate change duties ("the statutory obligations conferred on public and private entities to implement climate change actions consistent with the national goal of low carbon climate resilient development;") ; Section 17(1)(b) ascertain that private entities are in conformity with instructions prescribed under section 16 of this Act; and Section 17(1)(c) regulate, enforce and monitor compliance on levels of greenhouse gas emissions as set by the Council ("the National Climate Change Council established under;") under this Act. Section 17(2)(a) have all powers necessary for purposes of monitoring and investigation including the power to enter premises of any private entity ("a body or person with functions of a private nature, and includes bodies registered under the Non-Governmental Organizations Co-ordination Act ();") and make an enquiry; and Section 17(2)(b) at a reasonable hour, for the purposes of monitoring and investigation, enter any private land or premises to make an inspection or other task related to this function. Section 17(3)(a) fails to give or refuses to give access to the Authority ("the National Environmental Management Authority established by the Environmental Management and Coordination Act () or its successor legislation;") or its authorised staff who has requested access to any land; Section 17(3)(b) hinders the execution by the Authority ("the National Environmental Management Authority established by the Environmental Management and Coordination Act () or its successor legislation;") of the duties under this Act or any other law; Section 17(3)(c) fails or refuses to give information that the person may lawfully be required to give to the Authority ("the National Environmental Management Authority established by the Environmental Management and Coordination Act () or its successor legislation;") ; or Section 17(3)(d) gives false or misleading information to the Authority ("the National Environmental Management Authority established by the Environmental Management and Coordination Act () or its successor legislation;") . Section 17(4) A person who commits an offence under subsection (3) is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a period not exceeding five years, or to both. Section 17(5) The Authority ("the National Environmental Management Authority established by the Environmental Management and Coordination Act () or its successor legislation;") shall, annually, report to the Council ("the National Climate Change Council established under;") on the performance of functions under this Act, and such report shall form part of the report by the Council ("the National Climate Change Council established under;") to the National Assembly.

Section 18. Mainstreamingclimate changeactions into strategic areas Section advise the President to require incorporation of this priority strategies and actions into functions and budgets of each State Department, state corporation and other national government entities;

Section 19. Mainstreamingclimate changeactions into County Government function Section 19(1) A county government shall, in performance of its functions, integrate and mainstream climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") actions, interventions and duties set out in this Act, and the National Climate Change Action Plan into various sectors. Section 19(2) A county government shall, in development, updating and approval of the County Integrated Development Plan, and the County Sectoral Plans mainstream the implementation of the National Climate Change Action Plan, taking into account national and county priorities. Section 19(3) The Governor of a county shall designate a County Executive Committee Member to coordinate climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") affairs. Section 19(4) Subject to this Act and the Constitution, a county government may enact legislation that further defines implementation of its obligations under this Act, or other climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") functions relevant to the county or such other related purposes. Section 19(5) A county government shall at the end of every financial year, through the designated County Executive Committee Member, submit a report on progress of implementation of climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") actions to the County Assembly for review and debate, and a copy of this report shall be forwarded to the Directorate for information purposes.

Section 20. Integration ofclimate changerisk Section The Authority ("the National Environmental Management Authority established by the Environmental Management and Coordination Act () or its successor legislation;") shall integrate climate risk and vulnerability assessment into all forms of assessment, and for that purpose liaise with relevant lead agencies for their technical advice.

Section 21. Integration ofclimate changeinto curricula Section 21(1) The Kenya Institute of Curriculum Development shall, on advice of the Council ("the National Climate Change Council established under;") , integrate climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") into various disciplines and subjects of the national education curricula at all levels. Section 21(2) The Council ("the National Climate Change Council established under;") shall advise the public agencies responsible for regulating universities and tertiary institutions curricula on integration of climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") into their curricula.

Section 22. Reporting onclimate changeactions Section The Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") shall make regulations to guide the reporting and verification of climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") actions.

Section 23. Enforcement of rights relating toclimate change Section 23(1) A person may, pursuant to Article 70 of the Constitution, apply to the Environment and Land Court alleging that a person has acted in a manner that has or is likely to adversely affect efforts towards mitigation ("efforts that seek to prevent or slow down the increase of atmospheric greenhouse gas concentrations by limiting current or future emissions and enhancing potential sinks for greenhouse gases;") and adaptation ("adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects which moderates harm or exploits beneficial opportunities;") to the effects of climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") . Section 23(2)(a) prevent, stop or discontinue an act or omission that is harmful to the environment; Section 23(2)(b) compel a public officer to take measures to prevent or discontinue an act or omission that is harmful to the environment; or Section 23(2)(c) provide compensation to a victim of a violation relating to climate change duties ("the statutory obligations conferred on public and private entities to implement climate change actions consistent with the national goal of low carbon climate resilient development;") . Section 23(3) For the purposes of this section, an applicant does not have to demonstrate that a person has incurred loss or suffered injury.

Section 23A. Carbon markets Section 23A(1)(a) carbon reduction credits that aim to reduce emissions from current sources through projects; Section 23A(1)(b) removal or sequestration credits that take carbon dioxide out of the atmosphere and either use or store it via afforestation, reforestation, nature-based solutions or technology -based removal; and Section 23A(1)(c) technologies and projects on the whitelist ; Section 23A(1)(d) previously used emission credits; Section 23A(1)(d)(i) previously used emission credits; Section 23A(1)(d)(ii) emission reductions that have been achieved in violation of human rights and without free prior informed consent; Section 23A(1)(d)(iii) emission reductions that have had significant negative social or environmental impact; Section 23A(1)(d)(iv) emission reductions that were achieved before the 1 st January, 2013; and Section 23A(1)(d)(v) emission reductions that were registered before the 1 st January, 2013. Section 23A(2) The Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") shall prescribe additional requirements on the regulation of carbon markets. [Act No. 9 of 2023 , s. 12.]

Section 23B. Trade in carbon markets Section transactions in carbon trading as carried out under this Act aim towards a reduction of greenhouse gas emissions as per the prescribed carbon standards ("a complete set of established rules, procedures, and methodologies that guide on the generation and issuance of certified carbon credits;") ;

Section 23C. Participation in carbon markets Section 23C(1)(a) as a result of a bilateral or multilateral trading agreement; Section 23C(1)(b) as a result of trading with a private entity ("a body or person with functions of a private nature, and includes bodies registered under the Non-Governmental Organizations Co-ordination Act ();") ; or Section 23C(1)(c) in a voluntary carbon market . Section 23C(2)(a) enter into a bilateral or multilateral agreement with another State Party to trade carbon for emission reductions and removals; Section 23C(2)(b) with the approval of the Cabinet, enter into an agreement with a private entity ("a body or person with functions of a private nature, and includes bodies registered under the Non-Governmental Organizations Co-ordination Act ();") to offset carbon emissions ; Section 23C(2)(c) with the approval of the Cabinet, enter into any agreement to trade in a carbon market established or overseen by an internationally recognized entity that is approved by a recognized credible international body . Section 23C(3)(a) promote the mitigation ("efforts that seek to prevent or slow down the increase of atmospheric greenhouse gas concentrations by limiting current or future emissions and enhancing potential sinks for greenhouse gases;") of greenhouse gas emissions while fostering sustainable development; and Section 23C(3)(b) incentivise and facilitate participation in the mitigation ("efforts that seek to prevent or slow down the increase of atmospheric greenhouse gas concentrations by limiting current or future emissions and enhancing potential sinks for greenhouse gases;") of greenhouse gas emissions by authorized public and private entities. Section 23C(4) The Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") shall, in the national reporting mechanism to the United Nations Framework Convention on Climate Change, include any emission reduction resulting from agreements entered into under this section. [Act No. 9 of 2023 , s. 12.]

Section 23D. Environmental impact assessment Section 23D(1) Every carbon trading project authorized under this Act shall be required to undergo an environmental and social impact assessment in accordance with the Environmental Management and Coordination Act ( Cap. 387 ). Section 23D(2) Notwithstanding subsection (1), reducing emissions from deforestation and forest degradation and the role of conservation, sustainable management of forests and enhancement of forest carbon stocks in developing countries projects shall be required to undergo a Reduced Emissions from Deforestation and Forest Degradation safeguard standards assessment. [Act No. 9 of 2023 , s. 12.]

Section 23E. Provision of social and environmental benefits Section 23E(1) A project undertaken pursuant to this Act shall specify the anticipated environmental, economic or social benefits of the project. Section 23E(2)(a) removal of greenhouse gases from the atmosphere and avoidance of emission of greenhouse gases in order to meet Kenya’s international obligations; Section 23E(2)(b) incentives that promote offset projects; Section 23E(2)(c) increase of carbon abatement in a manner that is consistent with protection of Kenya’s natural environment; Section 23E(2)(d) improved resilience to the effects of climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") ; or Section 23E(2)(e) achievement of Kenya's greenhouse gases emissions targets. Section 23E(3) Every land-based project undertaken pursuant to this Act shall be implemented through a community development agreement which shall outline the relationships and obligations of the proponents of the project in public and community land where the project is under development. Section 23E(4) The National Government and the respective county government where the project is situated shall oversee and monitor the negotiation of the community development agreement with project proponents and the stakeholders. Section 23E(5)(a) the stakeholders of the project including the project proponents, the impacted communities, the National Government and the county government where the project is being undertaken; Section 23E(5)(b) in land-based projects, the contribution shall be at least forty per centum of the aggregate earnings ; and Section 23E(5)(b)(i) in land-based projects, the contribution shall be at least forty per centum of the aggregate earnings ; and Section 23E(5)(b)(ii) in non-land-based projects, the contribution shall be at least twenty-five per centum of the aggregate earnings ; Section 23E(5)(c) the manner of engagement with local stakeholders, especially the impacted communities; Section 23E(5)(d) the sharing of the benefits from the carbon markets and carbon credits between the project proponents and the impacted conununities; Section 23E(5)(e) the proposed socio-economic development around community priorities; and Section 23E(5)(f) the manner of the review or amendment of the agreement, which shall be at least every five years. Section 23E(6) A community development agreement entered into pursuant to this section shall be recorded in the National Carbon Registry . Section 23E(7) Every carbon project undertaken pursuant to this Act shall take into consideration and aim to improve the environmental, economic, social and cultural wellbeing of the community around the project. Section 23E(8) The national government and the respective county government where the project is situated shall enforce the community rights negotiated under a community development agreement negotiated under section 23E . Section 23E(9) The Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") may prescribe additional requirements relating to the formulation of the community development agreement. [Act No. 9 of 2023 , s. 12.]

Section 23F. Share of proceeds and cancellation rates Section The national and county governments shall, in compliance with international obligation, undertake best practices regarding the share of proceeds and cancellation rates for overall global mitigation ("efforts that seek to prevent or slow down the increase of atmospheric greenhouse gas concentrations by limiting current or future emissions and enhancing potential sinks for greenhouse gases;") . [Act No. 9 of 2023 , s. 12.]

Section 23G. Carbon Registry Section 23G(1) There is established a registry to be known as the National Carbon Registry . Section 23G(2) The Designated National Authority appointed under section 8 (2A) shall be the custodian of the Registry. Section 23G(3)(a) the carbon credit projects and programmes implemented to reduce greenhouse gas emissions in Kenya; Section 23G(3)(b) the Reduced Emissions from Deforestation and Forest Degradation Carbon; Section 23G(3)(c) authorisations granted for participation in any initiative, project or programme under this Act; Section 23G(3)(d) the carbon budget and the greenhouse gas reduction units; Section 23G(3)(e) the amount of carbon credits issued or transferred by Kenya; Section 23G(3)(f) the amount of carbon credits issued to emission reduction projects and programs recognized by Kenya from a national greenhouse gas registry account; Section 23G(3)(g) the transfer of carbon credits and any carbon credits issued or recognized by Kenya from a national greenhouse gas registry account; Section 23G(3)(h) a record of corresponding adjustments where applicable, with respect to carbon credits ; Section 23G(3)(i) the cancellation of carbon credits and any other carbon credits issued or recognized by Kenya from a national greenhouse gases registry account; and Section 23G(3)(j) any other carbon credits issued or recognized by the Kenya from a national greenhouse gases registry account. Section 23G(4) The National Carbon Registry shall be accessible to the public. [Act No. 9 of 2023 , s. 12.]

Section 23H. Dispute resolution Section 23H(1) Any dispute arising under a land-based project shall be subjected to the dispute resolution mechanism set out in the Community Development Agreement in the first instance and be resolved within thirty days from the date the dispute is lodged. Section 23H(2) Any dispute that is not land based and is not subjected to a community development agreement shall be resolved through Alternative Dispute Resolution in the first instance. Section 23H(3) Where the dispute under subsections (1) and (2) is not resolved within thirty days of submission, the dispute shall be referred to the National Environmental Tribunal. [Act No. 9 of 2023 , s. 12.]

Section 23I. Fees Section The Designated National Authority shall charge such fees as may be prescribed by the Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") in regulations for the proper administration of the Act. [Act No. 9 of 2023 , s. 12.]

Section 24. Public participation Section 24(1) Public entities at each level of government shall, at all times when developing strategies, laws and policies relating to climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") , undertake public awareness and conduct public consultations. Section 24(2) Public consultations shall be undertaken in a manner that ensures the public contribution makes an impact on the threshold of decision making. Section 24(3) Deleted by ActNo. 9 of 2023, s. 13. Section 24(4) The Council ("the National Climate Change Council established under;") and the Directorate shall publish and publicize all important information within their mandate. Section 24(5)(a) shall be addressed to the Secretary of the Council ("the National Climate Change Council established under;") or the Director or such other designated person; Section 24(5)(b) may be subject to the payment of the prescribed fee in instances where the Council ("the National Climate Change Council established under;") or Directorate incurs an expense in providing information; and Section 24(5)(c) may be subject to confidentiality requirements of the Council ("the National Climate Change Council established under;") or Directorate. Section 24(6)(a) the request is considered unreasonable in the circumstances; Section 24(6)(b) the information requested is at a deliberative stage within the Council ("the National Climate Change Council established under;") or Directorate; Section 24(6)(c) the prescribed fee is not paid; or Section 24(6)(d) the applicant fails to satisfy any confidentiality requirements of the Council ("the National Climate Change Council established under;") or Directorate.

Section 25. Climate ChangeFund Section 25(1) There is hereby established the Climate Change Fund ("the Climate Change Fund established under;") which shall be a financing mechanism for priority climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") actions and interventions approved by the Council ("the National Climate Change Council established under;") . Section 25(2) The Fund ("the Climate Change Fund established under;") shall be vested in the National Treasury. Section 25(3)(a) monies appropriated from the Consolidated Fund ("the Climate Change Fund established under;") by an Act of Parliament; Section 25(3)(b) monies received by the Fund ("the Climate Change Fund established under;") in the form of donations, endowments, grants and gifts; and Section 25(3)(c) monies under an Act payable to the Fund ("the Climate Change Fund established under;") . Section 25(4) The Fund ("the Climate Change Fund established under;") shall be administered by the Council ("the National Climate Change Council established under;") and managed by the Principal Secretary for the time being responsible for climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") affairs. Section 25(5)(a) determine the composition of the Fund ("the Climate Change Fund established under;") ; Section 25(5)(b) set strategic directions for applications of the Fund ("the Climate Change Fund established under;") ; Section 25(5)(c) define eligibility criteria for the Fund ("the Climate Change Fund established under;") to finance climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") actions and enhance achievement of low carbon climate resilient development; Section 25(5)(d) set out procedures for disbursement, recovery and repayment of loans including interest; Section 25(5)(e) set out procedures to ensure gender and intergenerational ("with reference to equity among present and future generations and equity in the present generation;") equity in access to monies from the Fund ("the Climate Change Fund established under;") ; Section 25(5)(f) set out procedures, criteria and eligibility for funding research institutions, private, public, civil society research, development and investment ventures that enhance low carbon climate resilient development; and Section 25(5)(g) set out other procedures and requirements for effective and transparent administration of the Fund ("the Climate Change Fund established under;") , including tracking and accounting for climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") finance and monitoring and evaluation procedures through regulations which shall be subjected to public participation and approval by the National Assembly. Section 25(6) The Council ("the National Climate Change Council established under;") shall approve request for funding and make funding allocation decisions. Section 25(7)(a) provide mechanisms for daily operations of the Fund ("the Climate Change Fund established under;") ; Section 25(7)(b) process financing applications from eligible applicants for approval by the Council ("the National Climate Change Council established under;") ; Section 25(7)(c) ensure quality assurance in execution of the mandate of the Fund ("the Climate Change Fund established under;") ; Section 25(7)(d) undertake resource mobilization for various sources; Section 25(7)(e) provide technical assistance to the private sector, civil society and public entities. Section 25(8)(a) industrial research; Section 25(8)(a)(i) industrial research; Section 25(8)(a)(ii) technological research; Section 25(8)(a)(iii) policy formulation; Section 25(8)(a)(iv) scientific research; and Section 25(8)(a)(v) academic research; Section 25(8)(b) provide grants and loans to business, industry, civil society, academia and other stakeholders for development of innovative actions that benefit climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") responses in Kenya; Section 25(8)(c) finance, through grants and loans the implantation of climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") adaptation ("adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects which moderates harm or exploits beneficial opportunities;") and mitigation ("efforts that seek to prevent or slow down the increase of atmospheric greenhouse gas concentrations by limiting current or future emissions and enhancing potential sinks for greenhouse gases;") actions; and Section 25(8)(d) provide technical assistance to county governments. Section 25(9) The Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") for the National Treasury shall, within one year of the Act coming into force, develop a strategy and make regulations setting out procedures and powers to identify sources of climate finance ("monies available for or mobilized by government or non-government entities to finance climate change mitigation and adaptation actions and interventions;") to monitor uses by various state, non-state and private sector actors, to enhance integrity and to eliminate corrupt practices. Section 25(10) The functions of the Directorate shall be financed through a vote in the estimates of revenue and expenditure of the relevant State Department, taking into account the functions vested in the Directorate in this Act. Section 25(11) The functions of the Council ("the National Climate Change Council established under;") shall be financed through a vote in the estimates or revenue and expenditure of the relevant State Department.

Section 26. Incentives for the promotion ofclimate changeinitiatives Section 26(1)(a) encourage and put in place measures for the elimination of climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") including reduction of greenhouse emissions and use of renewable energy; Section 26(1)(b) put in place measures to mitigate against the adverse effects of climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") ; Section 26(1)(c) are involved in the conduct of accredited training in programmes that are aimed at eliminating climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") ; Section 26(2) The Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") shall, for the purpose of subsection (1), in regulations set out the nature of the incentives, the conditions for the grant or withdrawal of such incentives and such other matter as may be necessary for the exercise of the power conferred under subsection (1). Section 26(3) In granting incentives under subsection (1), the Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") shall take into account international standards and best practice. Section 26(4) The Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") shall make the regulations specified under subsection (2) within a period of twelve months from the commencement of this Act.

Section 27. Annual estimates Section At least three months before the commencement of each financial year, the Council ("the National Climate Change Council established under;") shall cause to be prepared estimates of the revenue and expenditure of the Council ("the National Climate Change Council established under;") for that year.

Section 28. Financial year of theCouncil Section The financial year of the Council ("the National Climate Change Council established under;") shall be the period of twelve months ending on the thirtieth June in each year.

Section 29. Accounts and audit Section 29(1) The Council ("the National Climate Change Council established under;") shall cause to be kept all proper books and records of account of the income, expenditure and assets of the Council ("the National Climate Change Council established under;") and shall cause the accounts of the Council ("the National Climate Change Council established under;") to be audited within a period of three months after the end of each financial year. Section 29(2) The Council ("the National Climate Change Council established under;") may apply to the Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") responsible for finance for exemption from payment of duty payable under the Stamp Duty Act ( Cap. 480 ) in respect of an instrument executed by or on behalf, or in favour of the Council which, but for this section, the Council would be liable to pay. Section 29(3) The Council ("the National Climate Change Council established under;") may establish, control, manage, maintain and contribute to pension and provident funds for the benefit of the members of the Council ("the National Climate Change Council established under;") and staff of the Council ("the National Climate Change Council established under;") and may grant pensions and gratuities from any such fund to the said officers upon their resignation, retirement or separation from the service of the Council ("the National Climate Change Council established under;") or, as the case may be, to the dependants of any such officer upon such officer's death. Section 29(4) The Council ("the National Climate Change Council established under;") may invest any of the funds of the Council ("the National Climate Change Council established under;") in securities in which for the time being, trustees may by law invest funds or in any securities which the National Treasury may from time to time, approve for that purpose. Section 29(5) The Council ("the National Climate Change Council established under;") may place on deposit, with such bank or banks as it may determine, any monies not immediately required for the purpose of the Council ("the National Climate Change Council established under;") .

Section 30. Public engagement strategy Section 30(1)(a) inform the public about climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") action plans specified under this Act; and Section 30(1)(b) encourage the public to contribute to the achievement of the objectives of those action plans. Section 30(2) The public engagement strategy shall, in particular, identify actions which the public may take to contribute to the achievement of the objects and purposes set out in section 3 . Section 30(3) The Council ("the National Climate Change Council established under;") shall, from time to time, review the public engagement strategy and where the Council ("the National Climate Change Council established under;") varies the strategy, it shall, as soon as reasonably practicable, publish the strategy as so reviewed.

Section 31. Conflict of interest Section 31(1) If a person is present at a meeting of the Council ("the National Climate Change Council established under;") or a committee of the Council ("the National Climate Change Council established under;") at which a particular matter is the subject of consideration and in which matter that person or that persons spouse is directly or indirectly interested in a private capacity, that person shall, as soon as is practicable after the commencement of the meeting, declare such interest and shall not, unless the Council ("the National Climate Change Council established under;") or committee otherwise directs, take part in any consideration or discussion of, or vote on any question touching such matter. Section 31(2) A disclosure of interest made under subsection (1) shall be recorded in the minutes of the meeting at which it is made. Section 31(3) A person who contravenes subsection (1) commits an offence and is liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding five years or to both such fine and imprisonment. Section 31(4) No member of the Council ("the National Climate Change Council established under;") or staff of the Council ("the National Climate Change Council established under;") shall transact any business or trade with the Council ("the National Climate Change Council established under;") .

Section 32. Protection from personal liability Section 32(1) No matter or thing done by a member of the Council ("the National Climate Change Council established under;") or by any officer or agent of the Council ("the National Climate Change Council established under;") shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Council ("the National Climate Change Council established under;") under this Act, render the member, officer or agent or any person acting on their directions personally liable to any action, claim or demand whatsoever. Section 32(2) The provisions of subsection (1) shall not relieve the Council ("the National Climate Change Council established under;") of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act or any other written law or by the failure, wholly or partially, of any works.

Section 33. Offences and penalties Section 33(1)(a) without lawful excuse ignores or fails to obey any instruction issued by any member of the Council ("the National Climate Change Council established under;") or officer or agent of the Council ("the National Climate Change Council established under;") in exercise of the powers or the performance of the functions of the Council ("the National Climate Change Council established under;") under this Act; or Section 33(1)(b) wilfully obstructs any member of the Council ("the National Climate Change Council established under;") or officer or agent of the Council ("the National Climate Change Council established under;") in the discharge of their lawful duties; or Section 33(1)(c) misrepresents, knowingly submits false or misleading information to any member of the Council ("the National Climate Change Council established under;") or officer or agent of the Council ("the National Climate Change Council established under;") in exercise of the powers or the performance of the functions of the Council ("the National Climate Change Council established under;") under this Act, Section 33(1A)(a) willingly conducts unauthorized trade in carbon credit; Section 33(1A)(b) knowingly gives false or misleading information with respect to environmental or financial gains from the carbon market investment; Section 33(1A)(c) manipulates carbon credit measurements in order to claim addition measurements; Section 33(1A)(d) engages in money laundering through carbon trading; Section 33(1A)(e) knowingly sells carbon credits to unauthorized entities; or Section 33(1A)(f) fails to maintain carbon records, Section 33(2) Where an offence under subsection (1) is committed by a body corporate, every director or officer of the body corporate who had knowledge of the commission of the offence and who did not exercise due diligence, efficiency and economy to ensure compliance with this Act, shall be guilty of an offence under subsection (1). Section 33(3) Where an offence under subsection (1) is committed by a partnership, every partner or officer of the partnership who had knowledge of the commission of the offence and who did not exercise due diligence, efficiency and economy to ensure compliance with this Act, shall be guilty of an offence under subsection (1). [Act No. 9 of 2023 , s. 14.]

Section 34. Reports Section 34(1)(a) the financial statements of the Council ("the National Climate Change Council established under;") ; Section 34(1)(b) a description of the activities of the Council ("the National Climate Change Council established under;") ; Section 34(1)(c) the progress made towards implementation of the climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") action plans; Section 34(1)(d) whether the objectives of the action plans for the year under review were met and the manner in which those objectives were or were not met; Section 34(1)(e) the action taken by the national and county governments to address the impacts of climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") during that year; Section 34(1)(f) any further efforts which may be necessary to achieve the objectives of the action plans; Section 34(1)(g) recommendations on legal and administrative measures necessary for mitigating and adapting to the effects of climate change ("a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period;") ; and Section 34(1)(h) any further information relating to the functions of the Council ("the National Climate Change Council established under;") . Section 34(2) The Council ("the National Climate Change Council established under;") shall submit a report prepared under subsection (1) to the President, Parliament and the county assemblies and shall publish the Report in the Gazette and in such other manner as it considers appropriate. Section 34(3) The President, Parliament or a county assembly may at any time require the Council ("the National Climate Change Council established under;") to submit a report on a particular issue.

Section 35. Transitional provision Section 35(1) The members of the Council ("the National Climate Change Council established under;") shall be appointed within three months of the coming into force of this Act. Section 35(2) Sections 2 , 3 , 5 , 7 , 10 and 15 of this Act, shall not apply, to entities that have existing carbon projects for a period of one year. [Act No. 9 of 2023 , s. 15.]

Section 36. Regulations Section 36(1) The Cabinet Secretary ("the Cabinet Secretary of the Ministry for the time being responsible for matters relating to climate change;") shall, in consultation with the Council ("the National Climate Change Council established under;") , make Regulations for the better carrying into effect of the provisions of this Act. Section 36(2)(a) anything required by this Act to be prescribed; Section 36(2)(b) the conduct of the business of the Council ("the National Climate Change Council established under;") ; Section 36(2)(ba) the regulation of carbon markets; Section 36(2)(bb) the regulation of carbon trading; Section 36(2)(bc) the regulation of carbon registries; Section 36(2)(bd) the regulation of non-market approaches ; Section 36(2)(c) the delegation of the Council ("the National Climate Change Council established under;") 's functions or powers; and Section 36(2)(d) any other matter required under the Constitution, this Act or any other written law. Section 36(3)(a) the purpose and objective of the delegation under this section is to enable the Council ("the National Climate Change Council established under;") to make regulations and give directions for the orderly conduct of business of the Council ("the National Climate Change Council established under;") ; Section 36(3)(b) the regulations made and directions given under this section shall be of such nature, scope and within the limits as specified under this section; Section 36(3)(c) the principles and standards applicable to the regulations made under this section are those set out in the Interpretation and General Provisions Act ( Cap. 2 ) and the Statutory Instruments Act ( Cap. 2A ).