Climate Change (Public Participation and Access to Climate Change Information) Regulations, 2023

Short title: These Regulations may be cited as the Climate Change (Public Participation and Access to Climate Change Information) Regulations, 2023.

AI-assisted research synopsis — verify against the official legal text below.

Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 38 of 2023
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

Short title: These Regulations may be cited as the Climate Change (Public Participation and Access to Climate Change Information) Regulations, 2023. Defines terms used in these Regulations. These Regulations apply to the Council, the Ministry, the Directorate, public entities with duties under section 15, private entities with duties under section 16, any other entity conducting activities under the Act, and the County Governments. Section 4 sets guiding principles for public consultation, including that relevant stakeholders and the public must be adequately consulted and that the responsible authority can demonstrate sufficient feedback was drawn from the consultation. A proposed action relating to the development of strategies, laws and policies on climate change shall be developed through public participation.

Read the provisions Ask with citations

Search within this statute

Search all stored provisions in this version.

Legal text

Provisions of Climate Change (Public Participation and Access to Climate Change Information) Regulations, 2023

Showing 20 of 20

Part I

PRELIMINARY

1
PRELIMINARY - 1. Short title

AI-assisted research summary: Short title: These Regulations may be cited as the Climate Change (Public Participation and Access to Climate Change Information) Regulations, 2023.

Section 1. Short title Section These Regulations may be cited as the Climate Change (Public Participation and Access to Climate Change Information) Regulations, 2023.
2
PRELIMINARY - 2. Interpretation

AI-assisted research summary: Defines terms used in these Regulations.

Section 2. Interpretation Section In these Regulations unless context otherwise requires— "Act" means the Climate Change Act ( Cap. 387A ); "Cabinet Secretary" has the meaning assigned to it under the Act; "call for comments" means the notice via which the public and relevant stakeholders shall be publicly invited to review and comment on a proposed action; "climate change duties" has the meaning assigned to it under the Act; "comments period" means the period commencing on the date when the comments on a proposed action may be received by the responsible authority or ministry and the last date when the comments on a proposed action may be received; "Council" means the National Climate Change Council established under section 5 of the Act; "Directorate" means the Climate Change Directorate established under section 9 of the Act; "explanatory memorandum" means a statement, prepared by a responsible authority that explains the purpose and operation of the proposed action and includes any documents incorporated in the proposed action by reference and indicates how they may be obtained; "Ministry" means the ministry for the time being responsible for matters related to climate change; "private entity" has the meaning assigned to it under the Act; "public consultation" means the process by which a responsible authority engages the public, sector stakeholders and potential affected persons during the process of developing strategies, laws and policies relating to climate change, to get their views on the efficacy of the proposed action; "public entity" has the meaning assigned to it under the Act; and "responsible authority" means a public entity, private entity or the ministry that is undertaking a proposed action.
3
PRELIMINARY - 3. Application of these Regulations

AI-assisted research summary: These Regulations apply to the Council, the Ministry, the Directorate, public entities with duties under section 15, private entities with duties under section 16, any other entity conducting activities under the Act, and the County Governments.

Section 3. Application of these Regulations Section 3(1)(a) the Council; Section 3(1)(b) the Ministry; Section 3(1)(c) the Directorate; Section 3(1)(d) public entities at all levels of government with duties under section 15 of the Act; Section 3(1)(e) private entities with climate change duties under section 16 of the Act; Section 3(1)(f) any other entity conducting activities under or subject to the Act; and Section 3(1)(g) the County Governments. Section 3(2) Where a county government has developed its own public consultation regulations, these Regulations shall prevail pursuant to Article 191 of the Constitution in so far as any inconsistency arises in their interpretation or application.
4
PRELIMINARY - 4. Guiding principles for public consultation

AI-assisted research summary: Section 4 sets guiding principles for public consultation, including that relevant stakeholders and the public must be adequately consulted and that the responsible authority can demonstrate sufficient feedback was drawn from the consultation.

Section 4. Guiding principles for public consultation Section 4(1)(a) public consultation shall be undertaken within timelines that allow constructive engagement with persons affected by the proposal; Section 4(1)(b) public consultation shall be effective and not merely procedural; and Section 4(1)(c) the contribution of the public shall impact the threshold of decision making on climate change in accordance with subregulation (2). Section 4(2)(a) all relevant stakeholders directly affected by proposed action and the public are adequately consulted; Section 4(2)(b) the responsible authority can demonstrate that sufficient amount of feedback is drawn from the public consultation; and Section 4(2)(c) there is evidence that the feedback received from the public consultation has been considered in developing the proposed action and in the decision made pursuant to the proposed action.

Part II

CRITERIA FOR THE CONDUCT OF PUBLIC CONSULTATION

5
CRITERIA FOR THE CONDUCT OF PUBLIC CONSULTATION - 5. Scope of proposed action

AI-assisted research summary: A proposed action relating to the development of strategies, laws and policies on climate change shall be developed through public participation.

Section 5. Scope of proposed action Section 5(1) A proposed action in relation to the development of strategies laws and policies on climate change shall pursuant to section 24(1) of the Act, be developed through public participation. Section 5(2)(a) introduces new climate change law, policy or guidelines; or Section 5(2)(b) varies or modifies existing climate change law, policy or guidelines.
6
CRITERIA FOR THE CONDUCT OF PUBLIC CONSULTATION - 6. Opportunities for public consultation

AI-assisted research summary: A responsible authority must hold public consultations that give reasonable and effective opportunities for participation.

Section 6. Opportunities for public consultation Section 6(1) A responsible authority shall make appropriate public consultations that provide reasonable and effective opportunities for participation.
7
CRITERIA FOR THE CONDUCT OF PUBLIC CONSULTATION - 7. National Climate Change Action Plan

AI-assisted research summary: The Cabinet Secretary must conduct public consultation when reviewing the National Climate Change Action Plan.

Section 7. National Climate Change Action Plan Section The Cabinet Secretary shall, in the review of the National Climate Change Action Plan pursuant to section 13(8) of the Act, conduct public consultation in the manner provided under the Act and these Regulations.
8
CRITERIA FOR THE CONDUCT OF PUBLIC CONSULTATION - 8. Timelines for public consultation

AI-assisted research summary: A responsible authority must give the public at least fourteen days from the date of the notice (issued under regulation 10) to consider, consult and respond when carrying out a public consultation.

Section 8. Timelines for public consultation Section A responsible authority shall offer the public at least fourteen days from the date of the notice issued under regulation 10, to consider, consult and respond to a proposed action when conducting public consultation.
9
CRITERIA FOR THE CONDUCT OF PUBLIC CONSULTATION - 9. Information relating to the public consultation

AI-assisted research summary: Responsible authorities must ensure fair and equal access to public consultation, provide accessible online information, and keep physical copies of consultation information at their and County Government offices.

Section 9. Information relating to the public consultation Section 9(1) A responsible authority shall ensure fair and equal access to the public participation process to all members of the public and stakeholders in the climate change sector. Section 9(2)(a) an interpreter who can translate the information relating to a proposed action into the local language or sign language, for the affected members or stakeholders; or Section 9(2)(b) such reasonable measures as are necessary, to ensure that the members of the public and stakeholders are capable of understanding the proposed action for purposes of giving feedback. Section 9(3) A responsible authority shall develop and maintain an online platform that is accessible and simple enough for the members of the public and stakeholders to access all the necessary information relating to a proposed action. Section 9(4) In addition to maintaining the online platform under subregulation (3) the responsible authority shall maintain the information relating to a proposed action in physical form at all the offices of the responsible authority and the County Governments for access by members of the public. Section 9(5)(a) the purpose of the public consultation; Section 9(5)(b) the target groups; Section 9(5)(c) the proposed duration of the conduct of the public consultation; Section 9(5)(d) the proposed means of submitting feedback; and Section 9(5)(e) the proposed schedule for the conduct of the public consultation.

Part III

PROCEDURE FOR THE CONDUCT OF PUBLIC CONSULTATION

10
PROCEDURE FOR THE CONDUCT OF PUBLIC CONSULTATION - 10. Notice for public consultation

AI-assisted research summary: The responsible authority must publish a notice calling for comments before starting public consultation and the notice must include specified content, timing and forms; if no summary is included the proposed action must be provided at least twenty-one days before the end of the comments period, and the notice must be signed by an authorised official.

Section 10. Notice for public consultation Section 10(1) Before commencing the conduct of public consultation, the responsible authority shall publish a notice calling for comments on a proposed action in the manner set out in paragraph 1 of the Schedule to the Act. Section 10(2)(a) posting in social media accounts affiliated to the responsible authority and other digital communication channels; Section 10(2)(b) engaging the community on the information relating to the proposed action; Section 10(2)(c) engaging in public meetings and fora; and Section 10(2)(d) utilising any other public consultation mechanisms that have previously been employed in the locality within which public participation is to be conducted. Section 10(3)(a) a summary of the proposed action; Section 10(3)(b) a statement of the basis or authority for the proposed action; Section 10(3)(c) the commencement and closing period for receiving comments on the proposed action, which shall be a minimum of sixty days in between; Section 10(3)(d) a statement of where the members of the public and stakeholders may freely access the information necessary for proper contextualization of the proposed action; and Section 10(3)(e) Form 1 set out in the Schedule for comments from an individual member of the public; and Section 10(3)(e)(i) Form 1 set out in the Schedule for comments from an individual member of the public; and Section 10(3)(e)(ii) Form 2 set out in the Schedule for comments from a public or private entity. Section 10(4) Where the notice referred to in subregulation (3) does not set out a summary of the proposed action, a Responsible Authority shall guarantee that it shall provide the proposed action at least twenty-one days before the conclusion of the comments period. Section 10(5) The notice calling for comments referred to this regulation shall be signed by the authorized official of the responsible authority.
11
PROCEDURE FOR THE CONDUCT OF PUBLIC CONSULTATION - 11. Public hearing

AI-assisted research summary: The responsible authority must hold a public hearing after the comments period, issue a notice within fourteen days, hold the hearing within a realistic timeframe from that notice, conduct hearings subject to prevailing health and safety legislation, and record feedback in Form 3.

Section 11. Public hearing Section 11(1) Upon conclusion of the comments period, the responsible authority shall hold a public hearing. Section 11(2) The responsible authority shall issue a notice for a public hearing within fourteen days after the comments period. Section 11(3) The responsible authority shall undertake a public hearing within a realistic timeframe from the date of the notice issued under subregulation (2). Section 11(4) A public hearing shall be conducted subject to the prevailing health and safety legislation. Section 11(5) A responsible authority shall record the feedback received from the conduct of public hearing in Form 3 set out in the Schedule.
12
PROCEDURE FOR THE CONDUCT OF PUBLIC CONSULTATION - 12. Analysis of comments after public consultation

AI-assisted research summary: The responsible authority must collate comments from public consultation, analyse them without bias, record decisions with reasons, and publish a report within ninety days in Form 4.

Section 12. Analysis of comments after public consultation Section 12(1) Upon conclusion of the public participation exercise the responsible authority shall, in demonstrating that the feedback from the public has been adequately considered under regulation 4(2)(c), collate the comments received during the conduct of the public consultation. Section 12(2)(a) without bias, critically analyse the comments from the public consultation; and Section 12(2)(b) record the decision made on the proposed action, including the reasons for including and excluding any recommendation. Section 12(3) A responsible authority shall, within ninety days after the conclusion of the conduct of public participation, publish a report on the analysis of public consultation in the manner set out in Form 4 set out in the Schedule.
13
PROCEDURE FOR THE CONDUCT OF PUBLIC CONSULTATION - 13. Analysis of non-consultation

AI-assisted research summary: A responsible authority must analyze cases where notices produced few or low-quality comments and, after that analysis, must prepare a report recommending measures to improve participation in those demographics.

Section 13. Analysis of non-consultation Section 13(1) A responsible authority shall conduct an analysis of non-consultation, in relation to the demographics from which the notices referred to in these Regulations were issued but the quality and quantity of comments received were insufficient. Section 13(2) Upon conclusion of the analysis conducted under subregulation (1), the responsible authority shall prepare a report which shall propose possible measures to improve subsequent public participation in the identified demographics.
14
PROCEDURE FOR THE CONDUCT OF PUBLIC CONSULTATION - 14. Outcome of public consultation

AI-assisted research summary: A responsible authority must prepare an explanatory memorandum after completing the public consultation, in addition to reports under regulation 12 or 13.

Section 14. Outcome of public consultation Section In addition to the reports prepared under regulation 12 or 13, a responsible authority shall prepare an explanatory memorandum upon conclusion of the conduct of public consultation.
15
PROCEDURE FOR THE CONDUCT OF PUBLIC CONSULTATION - 15. Publication of decision made

AI-assisted research summary: Publish the decision on its official website.

Section 15. Publication of decision made Section on its official website; and

Part IV

INFORMATION RELATING TO CLIMATE CHANGE

16
INFORMATION RELATING TO CLIMATE CHANGE - 16. Maintenance of information on climate change

AI-assisted research summary: The Council and the Directorate must maintain relevant, current and accurate information on matters relating to climate change.

Section 16. Maintenance of information on climate change Section 16(1) Pursuant to section 24(4) of the Act, the Council and the Directorate, shall maintain relevant, current and accurate information on matters relating to climate change. Section 16(2)(a) all the strategies, laws and policies on climate change in Kenya; Section 16(2)(b) proposed actions; Section 16(2)(c) global trends in strategies, laws and policies on climate change; and Section 16(2)(d) all international instruments on climate change that are ratified by Kenya. Section 16(3) The Council and the Directorate may request the production of any information on matters relating to climate change held by a public or private entity, where the Council or Directorate considers such information necessary for the conduct of public consultation. Section 16(4) A responsible authority shall maintain the information on matters relating to climate change in physical form at its offices and may publish such information on its official website. Section 16(5) A responsible authority may avail information on matters relating to climate change to a member of the public upon request and in a reasonably expeditious, simple and accessible manner. Section 16(6) For purposes of access to climate change information, a responsible authority shall be guided by the provisions of the Access to Information Act ( Cap. 7M ).

Part V

MISCELLANEOUS PROVISIONS

17
MISCELLANEOUS PROVISIONS - 17. Database of stakeholders for public consultation

AI-assisted research summary: Every Responsible Authority must prepare and maintain a database of relevant stakeholders for a standard public consultation and must use that mapping to ensure adequate consultations are made.

Section 17. Database of stakeholders for public consultation Section Every Responsible Authority shall prepare and maintain a database of all the relevant stakeholders to be consulted in a standard public consultation and shall be guided by such mapping to ensure that adequate consultations have been made.
18
MISCELLANEOUS PROVISIONS - 18. Marginalized groups

AI-assisted research summary: Requires responsible authorities to include a mapping of specified specialised groups in the regulation 17 database, and requires the Directorate to keep Indigenous Knowledge Systems records and make them publicly accessible.

Section 18. Marginalized groups Section 18(1)(a) women; Section 18(1)(b) youth; Section 18(1)(c) persons living with disabilities; and Section 18(1)(d) marginalised communities. Section 18(2) A responsible Authority shall ensure that the database developed under regulation 17 shall include a mapping of the specialized groups of persons listed in subregulation (1). Section 18(3) The Directorate shall maintain records of Indigenous Knowledge Systems of different regions in Kenya and such records shall be made easily accessible to the public.
19
MISCELLANEOUS PROVISIONS - 19. Public awareness

AI-assisted research summary: The Directorate must submit, every two years, a report to the Cabinet Secretary describing the steps it has taken to comply with subregulation (1).

Section 19. Public awareness Section 19(1)(a) the strategies, laws and policies relating to climate change; and Section 19(1)(b) the right to participate in decision-making on the strategies, laws and policies relating to climate change. Section 19(2) In every two years, the Directorate shall submit a report to the Cabinet Secretary, on the steps it has taken to comply with subregulation (1) and such report shall include the steps the Directorate has taken to improve the quality of public consultation.
20
MISCELLANEOUS PROVISIONS - 20. Reporting by Directorate

AI-assisted research summary: The Directorate must submit a bi-annual report to the Cabinet Secretary about public consultation and climate change information, and must ensure the report and related records are maintained and publicly accessible as specified.

Section 20. Reporting by Directorate Section 20(1) The Directorate shall submit a bi-annual report to the Cabinet Secretary concerning its functions in relation to public consultation and the information on climate change maintained by the Directorate. Section 20(2) The report under subregulation (1) shall include an assessment of the state of public consultation in the climate change sector, its challenges and recommendations for improvement. Section 20(3)(a) the means of public consultation utilized by the Directorate in the preceding two years; Section 20(3)(b) the challenges faced while conducting public consultation; Section 20(3)(c) the efforts made by the Directorate to improve the conduct of public consultation; Section 20(3)(d) the steps taken to improve the internal capacity of the Directorate; and Section 20(3)(e) comparative studies done with other jurisdictions with a view to improve the conduct of public consultation in climate change matters. Section 20(4) The Directorate shall ensure that the report and related records are maintained effectively and are accessible by the public in the manner specified under section 24(5) of the Act.

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

About this LexChat collection

Publisher and coverage

LexChat is published by Esheria. Coverage reflects the legislation currently mapped from identified source collections; it may be incomplete, delayed, or later corrected. The official source controls where it differs from this research page.

AI and research method

AI-generated material is explicitly labelled and published only through LexChat's quality controls. It is a research aid, not the source document.

Corrections and reporting

Report a source mismatch, factual issue, personal-data concern, or licensing question to support@esheria.co.ke. Include this page's URL and the supporting official source so the record can be reviewed, corrected, restricted, or withdrawn.

Legal-information disclaimer

LexChat provides legal information and research tools, not legal advice. Verify currency, status, citations, and jurisdiction with authoritative sources and a qualified professional where appropriate.