In recent years, Kenya has taken significant steps to reinforce its long-standing commitment to contributing to climate change mitigation and adaptation, as highlighted in our previous articles. These include, among others, the enactment of the Draft National E-Mobility Policy and the Draft Carbon Market Regulations and various amendments to the Climate Change Act No. 11 of 2016 (the Climate Change Act).
Under Article 6 of the Paris Agreement, to which Kenya is a signatory state, State parties have the option to pursue voluntary measures to reach their climate change targets as set out in their Nationally Determined Contributions (NDCs). Article 6 further allows international cooperation to tackle climate change in that countries can transfer carbon credits earned from reducing greenhouse gas emissions to help one or more countries meet their climate targets.
To enable Kenya to pursue voluntary measures to reach its NDCs under the Paris Agreement, the Climate Change Act was recently amended. One of the provisions introduced in the Climate Change Act includes a requirement for the Cabinet Secretary for Environment, Climate Change & Forestry to appoint the Designated National Authority for market mechanisms and any other mechanisms deriving from Article 6 of the Paris Agreement. Accordingly, by Gazette Notice No. 7621 of 18th June 2024, the Cabinet Secretary appointed the National Environment Management Authority (NEMA) to carry out this role.
The Designated National Authority is responsible for, among other things, maintaining the National Carbon Registry established under Section 23G the Climate Change Act, providing key information to project proponents in carbon projects, monitoring registered carbon projects and issuing letters of approval to project proponents.
The appointment of NEMA as the Designated National Authority is yet another step in the right direction for Kenya in relation to achieving its climate change objectives and demonstrates the country’s commitment to combating climate change.
Please note that this is not legal advice and is intended primarily for information purposes. If you require tailored advice or further information, don't hesitate to get in touch with us on sarinke@mckayadvocates.com.
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