Shaping the Future: CSOs Unite to Discuss the Proposed Climate Change (Amendment) Bill 2023

The Kenya Platform for Climate Governance mobilized its members and members of CSOs, CBOs, FBOs, indigenous communities to give comments on the proposed bill. The platform engaged an expert to provide advice on the carbon markets mechanism and develop a policy brief that will guide the process.

The Ministry of Environment, Climate Change and Forestry in Kenya has announced the opening of a public consultation period for the proposed Climate Change (Amendment) Bill 2023. The purpose of the bill is to ratify the Climate Change Act 2016 and address gaps in the implementation of the Act. The proposed bill also aims to provide a platform for engagement and participation in carbon markets.

Carbon markets are mechanisms that enable public and private entities to transfer and transact emission reduction units, mitigation outcomes or offsets generated through carbon initiatives, programmes, and projects. The proposed Climate Change (Amendment) Bill 2023 seeks to provide different objectives that align with the goals of the Paris Agreement. The development and implementation of carbon markets and non-market approaches should also be following international obligations.

The Ministry of Environment, Climate Change and Forestry has set a deadline of May 26 for all public participation input. A virtual public meeting will be held between May 10 and May 24 to discuss the proposed bill.

The consultant emphatically told participants that, “Kenya lacks a policy and institutional framework to govern carbon markets. Therefore, this amendment provides an enabling policy environment to initiate and expand carbon trading in the country. This amendment also responds to other challenges stifling the growth of carbon markets, among others, opaque pricing schemes, carbon indulgence without reducing emissions, and benefit-sharing schemes that seldom favor developing countries.”

Dr. Njogu Barua who spoke on behalf of the Kenya Platform for Climate Governance, cited the need for CSOs to operate independently and not to allow entities like the council of governors to speak on their behalf as this will reduce the effectiveness and need for them. He said, “The proposed amendment to the climate change Ac (2016) by the Kenya Government should not be used to marginalize the civil society and trivialize the great contribution in the fight against climate change.”

The objectives of this effort deemed from engaging an expert to map out gaps that exist at the local level in climate mitigation and adaptation, propose solutions to the carbon markets mechanism, and develop a policy brief that will guide the process. The local communities need to understand the carbon markets and their benefits or lack thereof.

The expected outcomes of this effort are to develop a memorandum on the Climate Change (Amendment) Bill of 2023 and present it to the Ministry of Environment and Forestry, develop a policy brief guiding the carbon market in Kenya, enhance accountability and understanding of climate change policies on carbon markets in the country, and strengthen linkages between civil society organizations, legislators, executives, and other relevant stakeholders within the country on climate governance.

Anne Samante, representing the indigenous people echoed the sentiments of earlier speakers and highlighted the fact that indigenous people’s voices matter. She said, “Indigenous people have been marginalized for the longest time and taking away what is rightfully ours, is taking life out of us.”

Dr.Mithika Mwenda in attendance provided insightful input to the participants citing that the amendment should provide long term solutions for adaptation, mitigation and even loss and damage issues. The fact that we are amending an act for a topic that is fairly new to communities, experts of climate change will not serve us well. We have to ensure that laws protect all parties. “We must get rid of the myopia demonstrated in reducing climate change to environmental issues. Climate change is a cross cutting issue and must be addressed as such.” There must be application of best applicable practices from international agencies that have working frameworks in representation and criteria used to achieve the same.

In conclusion, the public consultation period for the proposed Climate Change (Amendment) Bill 2023 in Kenya provides an opportunity for members of the public to engage with policymakers and provide their input on climate change policies. The Kenya Platform for Climate Governance will ensure they are at the fore of this process and provide the platforms necessary to see this process is transparent and is putting the needs of the communities at the frontline of the climate crisis at the front.