The Senate Committee on Delegated Legislation has held a consultative engagement with the Ministry of Environment, Climate Change and Forestry to review proposed Regulations under the Climate Change Act, Cap. 387A, the Environmental Management and Coordination Act, Cap. 387 and the Forest Conservation and Management Act, Cap. 385.

Speaking during the retreat held in Mombasa County, Cabinet Secretary for Environment, Climate Change and Forestry Dr Deborah Barasa told the Committee that the proposed Regulations seek to strike a balance between environmental conservation and socio economic benefits. She said the framework would promote transparency, accountability and active stakeholder participation in the management of carbon markets, wetlands, the environment and forests.

Dr Barasa presented seven proposed Regulations to the Committee, the Climate Change (Carbon Trading) Regulations, 2026, the Climate Change (National Carbon Registry) Regulations, 2026, the Environmental Management and Co-ordination (Conservation and Management of Wetlands) Regulations, 2026, the Environmental Management and Co-ordination (Strategic and Integrated Environmental Impact Assessments and Environmental Audits) Regulations, 2026, the Forest Conservation and Management (Concessions on Public Forest) Regulations, 2026, the Forest Conservation and Management (Charcoal) Regulations, 2026 and the Forest Conservation and Management (Participation in Sustainable Forest Management) Regulations, 2026.

During the deliberations, Senators raised concerns over the role of County Governments in implementing the proposed Regulations, emphasising the need for stronger consultation and involvement of County administrations. They cautioned against provisions that could undermine the role of Governors, calling for a regulatory framework that respects the devolved system of government and recognises the responsibilities of both levels of government in environmental management.

The Committee also highlighted the need to strengthen safeguards within the proposed carbon trading framework, particularly provisions granting the National Carbon Registry the power to suspend carbon project accounts. Senators called for serious consideration of the security and integrity of the entire registry system. They further proposed that the wording of Regulation 12(4) be reviewed to replace “may” with “shall” where the intention is to impose a mandatory obligation, ensuring clarity and consistency in the application of the law.

Public participation emerged as another key issue, with Senators stressing the importance of conducting meaningful and comprehensive consultations before the Regulations are finalised. They emphasised the need to incorporate views from County Governments, governors and other relevant stakeholders to ensure the proposed framework is inclusive, practical and responsive to the needs of the communities affected by environmental and forestry policies.

The Committee resolved to undertake further deliberations on the proposed Regulations and urged the Ministry to carefully consider the input provided by Senators and other key stakeholders. The engagement is expected to contribute to a more robust and inclusive regulatory framework that supports environmental protection, sustainable forest management and carbon trading while safeguarding public interests and respecting devolution.