LAWS OF KENYA

THE CLIMATE CHANGE ACT

NO. 11 OF 2016

2016
Published by the National Council for Law Reporting
with the Authority of the Attorney-General
www.kenyalaw.org
 No. 11 of 2016
Climate Change

NO. 11 OF 2016

CLIMATE CHANGE ACT

ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
Section
1. Short title
2. Interpretation
3. Objects and purposes
4. Guiding values and principles
PART II – POLICY, CO-ORDINATION AND OVERSIGHT
5. Establishment of the Climate Change Council
6. Functions of the Council
7. Members of the Council
8. Powers and duties of the Cabinet Secretary
9. Climate Change Directorate
10. Seal of the Council
11. Delegation of powers by the Council
12. Code of conduct
PART III – CLIMATE CHANGE
RESPONSE MEASURES AND ACTIONS
13. Cabinet Secretary to coordinate the preparation of climate change action
plans, strategies and policies
14. Policies formulated by the Government
PART IV – DUTIES RELATING TO CLIMATE CHANGE
15. Climate change duties of public sector
16. Climate change duties of private entities
17. Monitoring compliance
18. Mainstreaming climate change actions into strategic areas
19. Mainstreaming climate change actions into County Government function
20. Integration of climate change risk
21. Integration of climate change into curricula
22. Reporting on climate change actions
23. Enforcement of rights relating to climate change
PART V – PUBLIC PARTICIPATION
AND ACCESS TO INFORMATION
24. Public participation
PART VI – FINANCIAL PROVISIONS
25. Climate Change Fund
26. Incentives for the promotion of climate change initiatives
27. Annual estimates
28. Financial year of the Council

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29. Accounts and audit

PART VII – MISCELLANEOUS PROVISIONS
30. Public engagement strategy
31. Conflict of interest
32. Protection from personal liability
33. Offences and penalties
34. Reports
35. Transitional provision
PART VIII – DELEGATED LEGISLATION
36. Regulations
SCHEDULES
SCHEDULE — PROVISIONS ON PUBLIC CONSULTATION

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NO. 11 OF 2016

CLIMATE CHANGE ACT

[Date of assent: 6th May, 2016.]
[Date of commencement: 27th May, 2016.]
AN ACT of Parliament to provide for a regulatory framework for enhanced
response to climate change; to provide for mechanism and measures to
achieve low carbon climate development, and for connected purposes
[Act No. 11 of 2016.]

PART I – PRELIMINARY
1. Short title
This Act may be cited as the Climate Change Act, 2016.
2. Interpretation
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;
"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, 1999 or
its successor legislation;
"Cabinet Secretary" means the Cabinet Secretary of the Ministry for the
time being responsible for matters relating to climate change;
"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 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;
"climate change secretariat" means the secretariat established by the
Public Service Commission to coordinate climate change mitigation and
adaptation actions and interventions;
"climate finance" means monies available for or mobilized by government
or non-government entities to finance climate change mitigation and adaptation
actions and interventions;
"Council" means the National Climate Change Council established under
section 5;

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"county executive committee member" means the county executive

committee member for the time being responsible for matters relating to 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;
"mainstreaming" means the integration of climate change 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;
"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 Public Benefits Organisations Act,
2013, (No.18 of 2013);
"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; and
"waste" has the meaning assigned to it in section 2 of the Environmental
Management and Co-ordination Act, 1999 (No. 8 of 1999).
3. Objects and purposes
(1) This Act shall be applied for the development, management, implementation
and regulation of mechanisms to enhance climate change resilience and low
carbon development for the sustainable development of Kenya.
(2) Without prejudice to subsection (1), this Act shall be applied in all sectors
of the economy by the national and county governments to—
(a) mainstream climate change responses into development planning,
decision making and implementation;
(b) build resilience and enhance adaptive capacity to the impacts of
climate change;
(c) formulate programmes and plans to enhance the resilience and
adaptive capacity of human and ecological systems to the impacts of
climate change;

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(d) mainstream and reinforce climate change disaster risk reduction into
strategies and actions of public and private entities;
(e) mainstream intergenerational and gender equity in all aspects of
climate change responses;
(f) provide incentives and obligations for private sector contribution in
achieving low carbon climate resilient development;
(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;
(h) facilitate capacity development for public participation in climate
change responses through awareness creation, consultation,
representation and access to information;
(i) mobilize and transparently manage public and other financial
resources for climate change response;
(j) provide mechanisms for, and facilitate climate change research and
development, training and capacity building;
(k) mainstream the principle of sustainable development into the planning
for and decision making on climate change response; and
(l) integrate climate change into the exercise of power and functions
of all levels of governance, and to enhance cooperative climate
change governance between the national government and county
governments.
(3) The rights and duties conferred under this Act are in addition to those
conferred by any other law.
4. Guiding values and principles
(1) The guiding values and principles of low carbon climate change resilient
and development in this section shall bind all level of government and all persons
when—
(a) enacting, applying or interpreting any provisions of this Act; and
(b) making or implementing public policy decisions on climate change.
(2) In discharging their functions and duties under this Act the Council, the
Cabinet Secretary, county government, any state officer and state organ shall be
guided by the following—
(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;
(b) be guided by the provisions of Articles 42 and 69 of the Constitution;
(c) ensure promotion of sustainable development under changing
climatic conditions;
(d) ensure equity and social inclusion in allocation of effort, costs
and benefits to cater for special needs, vulnerabilities, capabilities,
disparities and responsibilities;
(e) ensure integrity and transparency;
(f) ensure participation and consultation with stakeholders in accordance
with the Schedule.

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PART II – POLICY, CO-ORDINATION AND OVERSIGHT

5. Establishment of the Climate Change Council
(1) There is established an unincorporated body to be known as the National
Climate Change Council.
(2) The Council shall be chaired by the President.
(3) The Deputy President who shall be the vice-chairperson to the Council.
(4) The Cabinet Secretary for the time being responsible for environment and
climate change affairs shall be the secretary to the Council.
(5) The Directorate established under this Act shall serve as the Secretariat
of the Council.
6. Functions of the Council
The Council shall provide an overarching national climate change co-ordination
mechanism and shall—
(a) ensure the mainstreaming of the climate change function by the
national and county governments;
(b) approve and oversee implementation of the National Climate Change
Action Plan;
(c) advise the national and county governments on legislative, policy and
other measures necessary for climate change response and attaining
low carbon climate change resilient development;
(d) approve a national gender and intergenerational responsive public
education awareness strategy and implementation programme;
(e) provide policy direction on research and training on climate change
including on the collation and dissemination of information relating to
climate change to the national and county governments, the public
and other stakeholders;
(f) provide guidance on review, amendment and harmonization of
sectoral laws and policies in order to achieve the objectives of this Act;
(g) administer the Climate Change Fund established under this Act; and
(h) set the targets for the regulation of greenhouse gas emissions.
7. Members of the Council
(1) The Council shall comprise not more than nine members who shall be
appointed by the President.
(2) The Council shall be constituted as follows—
(a) the Cabinet Secretary responsible for environment and climate
change affairs;
(b) the Cabinet Secretary responsible for the National Treasury;
(c) the Cabinet Secretary responsible for economic planning;
(d) the Cabinet Secretary responsible for energy;
(e) the chairperson of the Council of Governors;
(f) a representative of the private sector nominated by the body
representing the largest number of institutions in the private sector;

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(g) a representative of the Civil Society nominated by the most

representative registered national umbrella association of civil
societies working on climate change;
(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
(i) a representative of the academia nominated by the Commission for
University Education.
(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, economy,
finance, law, environment and public administration.
(4) The names of persons nominated for appointment under subsection (2) (f),
(g), (h) and (i) shall be submitted to Parliament for approval.
(5) Except for members appointed under subsection (2)(a), (b), (c), (d) and (e)
each person shall be qualified for appointment as member of the Council if such
person—
(a) is a citizen of Kenya;
(b) fulfils the requirements of Chapter 6 of the Constitution; and
(c) has at least ten years' experience in the relevant field.
(6) The President shall in the appointment of members ensure compliance with
the two thirds gender principle.
(7) The Council shall at its first sitting, ballot to determine which of the members
appointed under subsection (2) (f), (g), (h) and (i) shall serve for a two year term
to ensure pro rata succession of membership.
(8) The Council may co-opt members with relevant expertise when needed to
advise on specific matters.
(9) The Council may from time to time establish committees for the better
carrying out of its functions.
(10) The members of the Council shall be paid such allowances as the Salaries
and Remuneration Commission may determine.
(11) The Council shall meet at least four times in a year.
(12) Except as provided in subsection (7) the membership of the Council shall
be for a term of three years and renewable once.
8. Powers and duties of the Cabinet Secretary
(1) Subject to the provisions of this Act, the Cabinet Secretary shall exercise
control and provide guidance over climate change governance and implementation
of this Act.
(2) The Cabinet Secretary shall—
(a) formulate and periodically review the climate change policy, strategy
and the National Climate Change Action Plan and submit to the
Council for approval;
(b) co-ordinate negotiations on climate change related issues in
consultation with the Cabinet Secretary responsible for foreign affairs;
(c) formulate a national gender and intergenerational responsive
public education and awareness strategy on climate change and
implementation programme;

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(d) provide through the Directorate, technical assistance on climate

change actions and responses to county governments, based on
mutual agreement and needs cited by the county governments; and
(e) report biannually to Parliament on the status of implementation of
international and national obligations to respond to climate change,
and progress towards attainment of low carbon climate resilient
development.
(3) The Cabinet Secretary in discharge of the duties and functions under this
Act shall be assisted by the Climate Change Directorate established under this Act.
9. Climate Change Directorate
(1) There is established the Climate Change Directorate, as a Directorate in
the state Department for the time being responsible for climate change.
(2) The Directorate shall be the lead agency of the government on national
climate change plans and actions to deliver operational co-ordination and shall
report to the Cabinet Secretary.
(3) The Directorate shall be headed by a Director of Climate Change who shall
be recruited competitively and appointed by the Public Service Commission.
(4) A person shall be qualified for appointment as a Director of Climate Change
if the person—
(a) is a citizen of Kenya;
(b) has a postgraduate degree, knowledge and experience in any of the
following fields—
(i) environmental studies;
(ii) engineering;
(iii) meteorology;
(iv) climatology;
(v) law;
(vi) economics; or
(vii) such other relevant field as may be determined by the Cabinet
Secretary in consultation with the Public Service Commission;
(c) has at least ten years' experience at senior management level in the
relevant field; and
(d) meets the requirements of Chapter Six of the Constitution.
(5) The Director appointed under subsection (4) shall be responsible for the
performance of specific duties and functions of the Directorate as set out in this Act.
(6) The Director shall advise the Cabinet Secretary on matters relating to
legislation, policy, co-ordination, regulation and monitoring of climate change
governance.
(7) The Directorate shall, on behalf of the Council, perform functions as may
be specifically set out in this Act and in regulations.
(8) Without prejudice to the generality of the foregoing subsection, the
Directorate shall perform the following duties and functions—
(a) provide analytical support on climate change to the various sector
ministries, agencies and county governments;

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(b) establish and manage a national registry for appropriate mitigation

actions by public and private entities;
(c) serve as the national knowledge and information management centre
for collating, verifying, refining, and disseminating knowledge and
information on climate change;
(d) in collaboration with other agencies at the national and county
government levels—
(i) identify low carbon development strategies and co-ordinate
related measurement, reporting and verification;
(ii) develop strategies and co-ordinate actions for building
resilience to climate change and enhancing adaptive capacity;
(iii) optimize the country's opportunities to mobilize climate finance;
(e) co-ordinate adherence to the county's international obligations
including associated reporting requirements;
(f) co-ordinate implementation of the gender and intergenerational
climate change education, consultation and learning at the national
and county governments levels;
(g) provide, on instruction of the Cabinet Secretary, technical assistance
based on needs identified by county governments.
(9) The Cabinet Secretary 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 to the Directorate, based on performance
evaluation.
10. Seal of the Council
(1) The seal of the Council shall be such device as may be determined by the
Council and shall be kept by the Director of Climate Change.
(2) The affixing of the seal shall be authenticated by the chairperson of the
Council and the Director of Climate Change.
(3) Any document purporting to be under the seal of the Council or issued on
behalf of the Council 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.
11. Delegation of powers by the Council
Subject to the provisions of this Act, the Council may, either generally or in a
particular case, delegate to any committee or to any member of the Council or
officer or agent of the Council, the exercise of any of the functions of the Council
under this Act.
12. Code of conduct
The Council shall, by Regulations, prescribe a Code of Conduct for members
of the Council and staff of the Council.

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PART III – CLIMATE CHANGE RESPONSE MEASURES AND ACTIONS

13. Cabinet Secretary to coordinate the preparation of climate change action
plans, strategies and policies
(1) The Cabinet Secretary 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.
(2) The National Climate Change Action Plan shall be presented for approval
by the Council.
(3) The National Climate Change Action Plan shall prescribe measures and
mechanisms—
(a) to guide the county toward the achievement of low carbon climate
resilient sustainable development;
(b) to set out actions for mainstreaming climate change responses into
sector functions;
(c) for adaptation to climate change;
(d) for mitigation against climate change;
(e) to specifically identify all actions required as enablers to climate
change response;
(f) to mainstream climate change disaster risk reduction actions in
development programmes;
(g) to set out a structure for public awareness and engagement in climate
change response and disaster reduction;
(h) to identify strategic areas of national infrastructure requiring climate
proofing;
(i) to review and determine mechanisms for climate change knowledge
management and access to information;
(j) to enhance energy conservation, efficiency and use of renewable
energy in industrial, commercial, transport, domestic and other uses;
(k) to strengthen approaches to climate change research and
development training and technology transfer;
(l) to review and recommend duties of public and private bodies on
climate change;
(m) to review levels and trends of greenhouse gas emissions; and
(n) to identify outputs, overall budget estimates and timeframes to realize
expected results.
(4) Without prejudice to the foregoing, the National Climate Change Action
Plan shall address all sectors of the economy, and provide mechanisms for
mainstreaming of the National Climate Change Action Plan into those sectors.
(5) In formulating the National Climate Change Action Plan, the Cabinet
Secretary shall be informed by—
(a) scientific knowledge about climate change;
(b) technology and technological innovations relevant to climate change;
(c) economic circumstances, in particular the likely impact of the action
plan on the following—
(i) the economy;

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(ii) the competitiveness of particular sectors of the economy;

(iii) small and medium-size enterprises;
(iv) employment opportunities; and
(v) the socio-economic well-being of any segment or part of the
population;
(d) fiscal circumstances, in particular, the likely impact of the action
plans, strategies and policies on the marginalised and disadvantaged
communities;
(e) social circumstances in particular, the likely impact of the action plans,
strategies and policies on biodiversity and ecosystem services;
(f) international law and policy relating to climate change; and
(g) indigenous knowledge related to climate change adaptation and
mitigation.
(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.
(7) The Directorate shall undertake a biennial review of the implementation of
the National Climate Change Action Plan and report to the Council.
(8) The Cabinet Secretary shall, in every five year period, review and update
the National Climate Change Action Plan.
(9) The Cabinet Secretary, all public bodies, and any person or entity engaged
in climate change 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.
14. Policies formulated by the Government
(1) Without prejudice to section 13, where the Government formulates a policy
or an action plan on climate change, the Council, in consultation with the Cabinet
Secretary, shall, as soon as reasonably practicable, prepare and cause to be tabled
before Parliament a programme setting out—
(a) the objectives of the policy in relation to adaptation to and mitigation
against climate change;
(b) the proposals for meeting those objectives;
(c) the arrangements for involving stakeholders and engaging the public
in the course of meeting the objectives;
(d) the period within which the proposals and policies will be
implemented; and
(e) measures for addressing the risks identified in the policies.
(2) Subsection (1) shall, with necessary modifications, apply to reports on
policies or action plans formulated by the government under this section.
PART IV – DUTIES RELATING TO CLIMATE CHANGE
15. Climate change duties of public sector
(1) The Council may, on recommendation of the Cabinet Secretary and in
consultation with relevant Cabinet Secretaries and county government, impose
duties relating to climate change on any public entity at all levels of government.

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(2) Any public entity on which a climate change 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.
(3) The duties shall be imposed and may be varied or revoked through
regulations made by the Council.
(4) The imposition of climate change duties shall be preceded by public
awareness and consultations.
(5) Each state department and national government public entity shall have the
following duties—
(a) integrate the climate change action plan into sectoral strategies,
action plans and other implementation projections for the assigned
legislative and policy functions;
(b) report on sectoral greenhouse gas emissions for the national
inventory;
(c) designate a unit with adequate staff and financial resources and
appoint a senior officer as head of the unit to coordinate the
mainstreaming of the climate change action plan and other climate
change statutory functions and mandates into sectoral strategies for
implementation;
(d) regularly monitor and review the performance of the integrated climate
change functions through sectoral mandates;
(e) put in place and implement mechanisms for sustainability in
performance of sectoral mandates; and
(f) report annually to the Council on the status and progress of
performance and implementation of all assigned climate change
duties and functions.
(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.
(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.
(8) Upon receiving the reports from the State Department, the Council shall
undertake an evaluation on performance of climate change duties and functions.
(9) The Council shall, within three months after the end of every financial year,
publish publicly and submit the evaluation report on performance of climate change
duties by public entities to the National Assembly for review, discussion and debate.
(10) The National Assembly shall, within six months of receiving the evaluation
report, provide recommendations and proposed actions to the Council, the Cabinet
Secretary, the Directorate, a State Department or statutory public entity.
16. Climate change duties of private entities
(1) The Council may, in consultation with the Cabinet Secretary and relevant
State Departments, impose climate change obligations on private entities, including
entities constituted under the Public Benefits Organizations Act, 2013 (No. 18 of
2013).

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(2) The Council shall make regulations governing the nature and procedure for
reporting on performance by private entities, including the authority to monitor and
evaluate compliance.
(3) Notwithstanding other provisions in this Act, the Council may—
(a) by notice in the Gazette, require a private entity that is subject to
climate change obligations to, at any time, prepare reports on the
status of its performance of the climate change duties and prescribe
the period for reporting; and
(b) require any private entity that fails to comply with its climate change
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.
17. Monitoring compliance
(1) The National Environmental Management Authority shall on behalf of the
Council—
(a) monitor, investigate and report on whether public and private entities
are in compliance with the assigned climate change duties;
(b) ascertain that private entities are in conformity with instructions
prescribed under section 16 of this Act; and
(c) regulate, enforce and monitor compliance on levels of greenhouse
gas emissions as set by the Council under this Act.
(2) In the performance of this function, the Authority shall—
(a) have all powers necessary for purposes of monitoring and
investigation including the power to enter premises of any private
entity and make an enquiry; and
(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.
(3) A person commits an offence if the person—
(a) fails to give or refuses to give access to the Authority or its authorised
staff who has requested access to any land;
(b) hinders the execution by the Authority of the duties under this Act or
any other law;
(c) fails or refuses to give information that the person may lawfully be
required to give to the Authority; or
(d) gives false or misleading information to the Authority.
(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.
(5) The Authority shall, annually, report to the Council on the performance of
functions under this Act, and such report shall form part of the report by the Council
to the National Assembly.
18. Mainstreaming climate change actions into strategic areas
The Council, on the recommendation of the Cabinet Secretary shall each year
identify priority strategies and actions of disaster risk reduction related to climate
change and—

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(a) 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;
(b) advise a county government on priority strategies and actions that
should be integrated into functions and budgets of departments and
entities of the county governments; and
(c) develop a specific public safety component for disaster risk reduction
for incorporation by all levels of government to prevent climate change
induced disasters, and manage emergency responses.
19. Mainstreaming climate change actions into County Government function
(1) A county government shall, in performance of its functions, integrate and
mainstream climate change actions, interventions and duties set out in this Act,
and the National Climate Change Action Plan into various sectors.
(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.
(3) The Governor of a county shall designate a County Executive Committee
Member to coordinate climate change affairs.
(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 functions relevant to the county or such other related
purposes.
(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 actions to the County Assembly for review
and debate, and a copy of this report shall be forwarded to the Directorate for
information purposes.
20. Integration of climate change risk
The Authority 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.
21. Integration of climate change into curricula
(1) The Kenya Institute of Curriculum Development shall, on advice of the
Council, integrate climate change into various disciplines and subjects of the
national education curricula at all levels.
(2) The Council shall advise the public agencies responsible for regulating
universities and tertiary institutions curricula on integration of climate change into
their curricula.
22. Reporting on climate change actions
The Cabinet Secretary shall make regulations to guide the reporting and
verification of climate change actions.
23. Enforcement of rights relating to climate change
(1) A person may, pursuant to Article 70 of the Constitution, apply to the

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Environment and Land Court alleging that a person has acted in a manner that
has or is likely to adversely affect efforts towards mitigation and adaptation to the
effects of climate change.
(2) Where an application is made under sub-section (1), the Court may make
an order or give directions that it considers appropriate to—
(a) prevent, stop or discontinue an act or omission that is harmful to the
environment;
(b) compel a public officer to take measures to prevent or discontinue an
act or omission that is harmful to the environment; or
(c) provide compensation to a victim of a violation relating to climate
change duties.
(3) For the purposes of this section, an applicant does not have to demonstrate
that a person has incurred loss or suffered injury.
PART V – PUBLIC PARTICIPATION AND ACCESS TO INFORMATION
24. Public participation
(1) Public entities at each level of government shall, at all times when
developing strategies, laws and policies relating to climate change, undertake
public awareness and conduct public consultations.
(2) Public consultations shall be undertaken in a manner that ensures the public
contribution makes an impact on the threshold of decision making.
(3) The Council shall, on recommendation of the Cabinet Secretary publish
regulations on design and procedure to ensure efficacy of public consultations to
ensure that they make an impact on the threshold of decision making on climate
change at all levels of government.
(4) The Council and the Directorate shall publish and publicize all important
information within their mandate.
(5) Any person may request for information from the Council and the
Directorate, and such request for information—
(a) shall be addressed to the Secretary of the Council or the Director or
such other designated person;
(b) may be subject to the payment of the prescribed fee in instances
where the Council or Directorate incurs an expense in providing
information; and
(c) may be subject to confidentiality requirements of the Council or
Directorate.
(6) Subject to Article 35 of the Constitution, the Council or the Directorate may
decline to give information to an applicant where—
(a) the request is considered unreasonable in the circumstances;
(b) the information requested is at a deliberative stage within the Council
or Directorate;
(c) the prescribed fee is not paid; or
(d) the applicant fails to satisfy any confidentiality requirements of the
Council or Directorate.

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PART VI – FINANCIAL PROVISIONS

25. Climate Change Fund
(1) There is hereby established the Climate Change Fund which shall be
a financing mechanism for priority climate change actions and interventions
approved by the Council.
(2) The Fund shall be vested in the National Treasury.
(3) There shall be paid into the Fund—
(a) monies appropriated from the Consolidated Fund by an Act of
Parliament;
(b) monies received by the Fund in the form of donations, endowments,
grants and gifts; and
(c) monies under an Act payable to the Fund.
(4) The Fund shall be administered by the Council and managed by the
Principal Secretary for the time being responsible for climate change affairs.
(5) In administering the Fund, the Council shall—
(a) determine the composition of the Fund;
(b) set strategic directions for applications of the Fund;
(c) define eligibility criteria for the Fund to finance climate change
actions and enhance achievement of low carbon climate resilient
development;
(d) set out procedures for disbursement, recovery and repayment of
loans including interest;
(e) set out procedures to ensure gender and intergenerational equity in
access to monies from the Fund;
(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
(g) set out other procedures and requirements for effective and
transparent administration of the Fund, including tracking and
accounting for climate change finance and monitoring and evaluation
procedures through regulations which shall be subjected to public
participation and approval by the National Assembly.
(6) The Council shall approve request for funding and make funding allocation
decisions.
(7) The Principal Secretary in managing the Fund shall—
(a) provide mechanisms for daily operations of the Fund;
(b) process financing applications from eligible applicants for approval by
the Council;
(c) ensure quality assurance in execution of the mandate of the Fund;
(d) undertake resource mobilization for various sources;
(e) provide technical assistance to the private sector, civil society and
public entities.
(8) The Fund shall be applied to—

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(a) provide grants for climate change research and innovation, in the
following fields—
(i) industrial research;
(ii) technological research;
(iii) policy formulation;
(iv) scientific research; and
(v) academic research;
(b) provide grants and loans to business, industry, civil society, academia
and other stakeholders for development of innovative actions that
benefit climate change responses in Kenya;
(c) finance, through grants and loans the implantation of climate change
adaptation and mitigation actions; and
(d) provide technical assistance to county governments.
(9) The Cabinet Secretary 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 to monitor uses
by various state, non-state and private sector actors, to enhance integrity and to
eliminate corrupt practices.
(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.
(11) The functions of the Council shall be financed through a vote in the
estimates or revenue and expenditure of the relevant State Department.
26. Incentives for the promotion of climate change initiatives
(1) The Cabinet Secretary shall, in accordance with the appropriate law, and in
consultation with the Cabinet Secretary responsible for finance, grant to persons
who—
(a) encourage and put in place measures for the elimination of climate
change including reduction of greenhouse emissions and use of
renewable energy;
(b) put in place measures to mitigate against the adverse effects of
climate change;
(c) are involved in the conduct of accredited training in programmes that
are aimed at eliminating climate change;
such incentives as may be necessary for the advancement of the elimination of
and mitigation against climate change and the effects of climate change.
(2) The Cabinet Secretary 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).
(3) In granting incentives under subsection (1), the Cabinet Secretary shall take
into account international standards and best practice.
(4) The Cabinet Secretary shall make the regulations specified under
subsection (2) within a period of twelve months from the commencement of this Act.

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27. Annual estimates

At least three months before the commencement of each financial year, the
Council shall cause to be prepared estimates of the revenue and expenditure of
the Council for that year.
28. Financial year of the Council
The financial year of the Council shall be the period of twelve months ending
on the thirtieth June in each year.
29. Accounts and audit
(1) The Council shall cause to be kept all proper books and records of account
of the income, expenditure and assets of the Council and shall cause the accounts
of the Council to be audited within a period of three months after the end of each
financial year.
(2) The Council may apply to the Cabinet Secretary 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.
(3) The Council may establish, control, manage, maintain and contribute to
pension and provident funds for the benefit of the members of the Council and staff
of the Council 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 or, as the case may be, to the dependants of any such officer upon such
officer's death.
(4) The Council may invest any of the funds of the Council in securities in which
for the time being, trustees may by law invest funds or in any securities which
Treasury may from time to time, approve for that purpose.
(5) The Council may place on deposit, with such bank or banks as it may
determine, any monies not immediately required for the purpose of the Council.
PART VII – MISCELLANEOUS PROVISIONS
30. Public engagement strategy
(1) The Council shall, every twelve months, prepare and publish a public
engagement strategy setting out the steps that it intends to take to—
(a) inform the public about climate change action plans specified under
this Act; and
(b) encourage the public to contribute to the achievement of the
objectives of those action plans.
(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.
(3) The Council shall, from time to time, review the public engagement
strategy and where the Council varies the strategy, it shall, as soon as reasonably
practicable, publish the strategy as so reviewed.
31. Conflict of interest
(1) If a person is present at a meeting of the Council or a committee of
the Council 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

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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 or committee otherwise directs, take part in any consideration or discussion
of, or vote on any question touching such matter.
(2) A disclosure of interest made under subsection (1) shall be recorded in the
minutes of the meeting at which it is made.
(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.
(4) No member of the Council or staff of the Council shall transact any business
or trade with the Council.
32. Protection from personal liability
(1) No matter or thing done by a member of the Council or by any officer or
agent of the Council shall, if the matter or thing is done bona fide for executing
the functions, powers or duties of the Council 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.
(2) The provisions of subsection (1) shall not relieve the Council 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.
33. Offences and penalties
(1) A person who—
(a) without lawful excuse ignores or fails to obey any instruction issued
by any member of the Council or officer or agent of the Council in
exercise of the powers or the performance of the functions of the
Council under this Act; or
(b) wilfully obstructs any member of the Council or officer or agent of the
Council in the discharge of their lawful duties; or
(c) misrepresents, knowingly submits false or misleading information to
any member of the Council or officer or agent of the Council in
exercise of the powers or the performance of the functions of the
Council under this Act,
commits an offence and is liable, on conviction, to a fine not exceeding ten
million shillings or to imprisonment for a period not exceeding five years, or to both.
(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).
(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).

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34. Reports
(1) The Council shall, at least three months before the end of each financial
year, prepare an annual report setting out—
(a) the financial statements of the Council;
(b) a description of the activities of the Council;
(c) the progress made towards implementation of the climate change
action plans;
(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;
(e) the action taken by the national and county governments to address
the impacts of climate change during that year;
(f) any further efforts which may be necessary to achieve the objectives
of the action plans;
(g) recommendations on legal and administrative measures necessary
for mitigating and adapting to the effects of climate change; and
(h) any further information relating to the functions of the Council.
(2) The Council shall submit a report prepared under sub-section (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.
(3) The President, Parliament or a county assembly may at any time require
the Council to submit a report on a particular issue.
35. Transitional provision
The members of the Council shall be appointed within three months of the
coming into force of this Act.
PART VIII – DELEGATED LEGISLATION
36. Regulations
(1) The Cabinet Secretary shall, in consultation with the Council, make
Regulations for the better carrying into effect of the provisions of this Act.
(2) Without prejudice to the generality of subsection (1), regulations under this
Act may provide for—
(a) anything required by this Act to be prescribed;
(b) the conduct of the business of the Council;
(c) the delegation of the Council's functions or powers; and
(d) any other matter required under the Constitution, this Act or any other
written law.
(3) For the purposes of Article 94(6) of the Constitution—
(a) the purpose and objective of the delegation under this section is to
enable the Council to make regulations and give directions for the
orderly conduct of business of the Council;
(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;

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(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, 2013 (No.
23 of 2013).
SCHEDULE
PROVISIONS ON PUBLIC CONSULTATION
[section 4(2)(f).]
1. (1) Where this Act imposes a requirement for public consultation in matters
relating to climate change policy, strategy, programme, plan or action, the
Council or respective public or private entity shall publish a notice—
(a) in the Gazette;
(b) in at least two newspapers with national circulation;
(c) in at least one newspaper circulating in the locality to which the
climate change policy, strategy, programme, plan or action relates;
and
(d) in at least one Kenyan radio station broadcasting in that locality.
(2) The notice shall in each case—
(a) set out a summary of the policy, strategy, programme, plan or
activity;
(b) state the premises at which the details of the policy, strategy,
programme, plan or action may be inspected;
(c) invite written comments on or objections to the policy, strategy,
programme, plan or action;
(d) specify the person or body to which the comments are to be
submitted; and
(e) specify a date by which the comments or objections are required
to be received, not being a date earlier than sixty days after
publication of the notice.
2. The Council or public or private entity shall make arrangements for the public to
obtain copies, at a reasonable cost, of documents relating to the policy, strategy,
programme, plan or action which are in the possession of the respective entities.
3. The Council or the respective public or private entity shall consider the—
(a) written comments or objections received on or before the date
specified under paragraph 1(2)(e); and
(b) comments, whether in writing or not, received at a public meeting held
in relation to the policy, strategy, programme, plan or action at which
the Council or respective public or private entity was represented, or
by any other invitation, to comment.
4. The Council or the respective public or private entity shall publish, in accordance
with paragraph 1 of this Schedule, notice of the fact that a copy of the written
decision of the Council or the respective public or private entity relating to the policy,
strategy, programme, plan or action, and the reasons thereof, is available for public
inspection at the same premises as were notified under paragraph 1(2)(b).
5. Where regulations made under this Act so require, the Council or respective
public or private entity shall cause a public meeting relating to a policy, strategy,

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programme, plan or action to be held before the Council or the respective public or
private entity makes its decision on the policy, strategy, programme, plan or action.

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