Climate Change in Kenya: Laws, Policies, and Recent Developments in Combating Its Impact
- Muhoro & Gitonga Associates
- Feb 1, 2024
- 6 min read
Updated: Oct 2
Table of Contents
Understanding Climate Change in Kenya
The Impact of Climate Change in Kenya
Kenya’s Legal and Policy Framework on Climate Change
National Climate Change Action Plan (NCCAP)
County-Level Climate Change Responses
Community-Based Adaptation Initiatives
Role of the Private Sector in Combating Climate Change
International Cooperation and Partnerships
Recent Developments and Court Decisions
Case Law on Climate Change in Kenya
Challenges Facing Kenya’s Climate Response
Opportunities for Businesses and Investors
Role of Individuals and Civil Society
Practical Recommendations for Stakeholders
1. Introduction
Climate change is one of the most pressing challenges facing Kenya today. As an economy heavily reliant on agriculture, natural resources, and tourism, Kenya is particularly vulnerable to erratic rainfall, prolonged droughts, and rising temperatures.
Recognising this, Kenya has enacted laws, policies, and initiatives at national, county, and community levels to combat climate change. At the same time, Kenyan courts are increasingly being called upon to uphold environmental rights under the Constitution of Kenya, 2010.
This article provides a comprehensive guide to climate change in Kenya, covering legal frameworks, government policies, community initiatives, international partnerships, recent court cases, challenges, and opportunities.
2. Understanding Climate Change in Kenya
Climate change refers to long-term shifts in temperatures, weather patterns, and natural systems caused largely by human activities.
Kenya’s vulnerability stems from:
Dependence on rain-fed agriculture.
Exposure of communities in arid and semi-arid lands (ASALs).
Fragile ecosystems like forests, wetlands, and rangelands.
Increasing urbanisation and industrialisation, contributing to emissions.
3. The Impact of Climate Change in Kenya
The effects of climate change are already evident:
Erratic Rainfall and Droughts: Kenya’s bimodal rainfall has become increasingly unreliable, causing crop failures and food insecurity.
Flooding: Intense rainfall events frequently cause flooding, destroying homes, roads, and farmland.
Temperature Rise: Higher temperatures affect crop productivity, livestock health, and spread of pests.
Biodiversity Loss: Climate pressures threaten ecosystems such as the Mau Forest Complex and wildlife-rich areas like Amboseli and Maasai Mara.
Economic Losses: Agriculture, which contributes about 30% of Kenya’s GDP, faces significant risks from climate variability.
4. Kenya’s Legal and Policy Framework on Climate Change
Kenya is a pioneer in Africa, having enacted the Climate Change Act, 2016, the first dedicated climate law in the region.
The Constitution of Kenya, 2010 also embeds environmental protection:
Article 42 guarantees the right to a clean and healthy environment.
Article 69 places obligations on the State to ensure sustainable use of natural resources.
Article 70 provides for enforcement of environmental rights in court.
The NCCAP provides Kenya’s roadmap for climate mitigation and adaptation. The first NCCAP (2018–2022) focused on:
Expanding renewable energy (geothermal, solar, and wind).
Promoting climate-smart agriculture.
Enhancing forest cover to meet the constitutional 10% minimum target.
Strengthening climate finance mechanisms.
A new NCCAP (2023–2027) is being rolled out, aligning with Kenya’s Nationally Determined Contributions (NDCs) under the Paris Agreement.
6. Vision 2030 and Climate Goals
Kenya’s Vision 2030 identifies environmental sustainability as a foundation for economic transformation. Climate resilience is integrated into:
Energy sector reforms (shift to clean energy).
Infrastructure projects (ensuring climate-proofing).
Agriculture modernisation (adoption of irrigation and resilient crops).
The Climate Change Act created Kenya’s legal backbone for climate governance. Key features include:
Establishment of the National Climate Change Council, chaired by the President.
Requirement for five-year action plans at national and county levels.
Integration of climate change into sectoral planning and budgeting.
Mechanisms for climate finance and carbon trading.
8. County-Level Climate Change Responses
Counties play a central role since many climate challenges are localised.
Examples:
Makueni County has pioneered community climate funds.
Kajiado County integrates traditional pastoralist knowledge into adaptation plans.
Laikipia County has invested in reforestation and water harvesting initiatives.
9. Community-Based Adaptation Initiatives
Local communities are vital in climate resilience:
Water Harvesting: Building sand dams and rainwater harvesting systems.
Agroforestry: Combining crops and trees to improve soil fertility.
Community Forest Associations: Engaging locals in reforestation and forest protection.
10. Role of the Private Sector in Combating Climate Change
Kenya’s private sector is increasingly embracing sustainability:
Green Investments: Energy-efficient technologies, solar-powered irrigation, and sustainable buildings.
Sustainable Supply Chains: Agribusinesses incorporating climate-smart practices.
CSR Projects: Corporates funding tree planting, conservation, and clean energy projects.
11. International Cooperation and Partnerships
Kenya actively participates in global climate forums and agreements:
UNFCCC & Paris Agreement: Kenya has pledged to cut greenhouse gas emissions by 32% by 2030.
Global Climate Fund (GCF): Supports renewable energy and resilience projects in Kenya.
Bilateral Partnerships: Collaborations with EU, USA, and China for renewable energy and conservation.
12. Recent Developments and Court Decisions
Kenya’s judiciary has been instrumental in shaping climate governance.
Save Lamu & 5 others v National Environmental Management Authority (NEMA) & another [2019] KENET 98 (KLR) – The court revoked an Environmental Impact Assessment (EIA) license for a proposed coal plant in Lamu, citing inadequate public participation and environmental risks.
Mohamed Ali Baadi and others v Attorney General & 11 others [2018] KEHC 5397 (KLR – The court highlighted the need for inclusive stakeholder engagement in large infrastructure projects like LAPSSET.
2023–2024 Developments: Several petitions have been filed challenging government approvals of fossil fuel projects, with emphasis on Kenya’s commitments under the Paris Agreement.
13. Case Law on Climate Change in Kenya
Key cases shaping Kenya’s climate law include:
Save Lamu & 5 others v National Environmental Management Authority (NEMA) & another [2019] KENET 98 (KLR) – Reinforced public participation and environmental justice.
Friends of Lake Turkana Trust v Attorney General & 2 others [2014] KEELC 511 (KLR) – Court emphasised sustainable management of Lake Turkana amid damming projects.
14. Challenges Facing Kenya’s Climate Response
Despite progress, Kenya faces hurdles:
Inadequate Climate Finance: Limited funds for large-scale adaptation projects.
Weak Enforcement: Gaps in implementation of existing laws.
Public Awareness Gaps: Many rural communities lack information on climate resilience.
Political Will: Shifts in priorities often slow policy execution.
15. Opportunities for Businesses and Investors
Climate change also creates opportunities:
Renewable Energy Projects – Geothermal, wind, and solar investments.
Carbon Trading – Participation in voluntary carbon markets.
Sustainable Agriculture – Climate-smart agribusiness ventures.
Green Real Estate – Eco-friendly building designs and energy efficiency.
16. Role of Individuals and Civil Society
Everyday citizens and NGOs are key actors:
Tree planting and conservation efforts.
Advocacy campaigns for stronger climate laws.
Citizen litigation enforcing environmental rights under Article 70.
17. Practical Recommendations for Stakeholders
Government: Strengthen climate finance and enforcement of environmental regulations.
Private Sector: Invest in green technologies and integrate climate risk assessments.
Communities: Embrace localised adaptation solutions.
Lawyers and Policy Advocates: Use strategic litigation to enforce compliance with climate commitments.
18. Conclusion
Kenya stands at a critical juncture. While climate change poses existential threats, the country has progressive laws, active courts, strong community involvement, and growing private sector commitment.
Moving forward, Kenya’s ability to balance economic growth and environmental protection will determine its climate resilience.
19. Frequently Asked Questions (FAQ)
Q1: What is the main law governing climate change in Kenya?
The Climate Change Act, 2016 is Kenya’s primary climate law.
Q2: What are Kenya’s international climate commitments?
Kenya has pledged to cut emissions by 32% by 2030 under the Paris Agreement.
Q3: Which sectors are most affected by climate change?
Agriculture, water, energy, and biodiversity are the most vulnerable.
Q4: What role do counties play in climate action?
Counties implement localised adaptation measures and community projects.
Q5: What was the significance of the Save Lamu case?
It reinforced public participation and environmental justice in major projects.
Q6: How is the private sector involved in climate action?
Through green investments, CSR initiatives, and sustainable business practices.
Q7: Can individuals sue the government over climate inaction?
Yes, under Article 70 of the Constitution, individuals can enforce environmental rights.
Q8: What is climate-smart agriculture?
It involves practices like irrigation, agroforestry, and resilient crop varieties.
Q9: What funding sources support Kenya’s climate projects?
The Global Climate Fund (GCF), bilateral donors, and green bonds.
Q10: What are Kenya’s emission reduction targets?
Kenya aims to reduce greenhouse gas emissions by 32% by 2030.
