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 sh...

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...

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 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 Counc...

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; S...

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 s...

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)...

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 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;")...

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 mod...

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 consid...

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 bo...

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 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...

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 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...

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 limit...

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...

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...

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 Cou...

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 Natio...

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 durin...

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 Clim...

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 esta...

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...

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 whic...

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 directio...