The Senate has on Thursday, August 7, 2025, annulled the Environmental Management and Co-ordination Regulations, 2025, citing failure to meet statutory requirements and concerns over the transparency of the process.

The controversial regulations, published under Legal Notice No. 71 of 2025, were nullified following a motion tabled by the chairperson of the Senate Committee on Delegated Legislation, Senator Mwenda Gataya (Tharaka Nithi), and seconded by Vice Chairperson Senator Danson Mungatana (Tana River).

Failed statutory tests

The annulled regulations had sought to overhaul Kenya’s framework for environmental impact assessments and audits in line with the Environmental Management and Co-ordination Act (EMCA), Cap. 387. They aimed to incorporate climate change considerations, enhance public participation, and better align environmental and social impact assessments with modern standards.

However, the Committee found that the regulations failed to meet key provisions of the Statutory Instruments Act. “Having heard from the Ministry and having considered the Petition from the Environment Institute of Kenya, the Committee observed that the Regulations did not meet the threshold under the Statutory Instruments Act,” Senator Gataya told the House.

He pointed out that the Ministry, while submitting a regulatory impact statement, had failed to attach a draft of the proposed regulations as required by law. In addition, the version posted on NEMA’s website lacked a schedule of proposed fees, undermining the public’s ability to provide informed feedback.

Report flagged

The Committee also raised concerns over the authenticity and timing of public participation. Senator Gataya revealed that the consultations used to justify the regulations were conducted in 2018, seven years before the legal notice was published.

“The public participation exercise conducted in 2018 was not meaningful or adequate in respect of the regulations published in 2025,” he said.

Several senators, including Mohamed Faki (Mombasa), William Kisang (Elgeyo Marakwet), Edwin Sifuna (Nairobi), Okongo Mogeni (Nyamira), and Moses Kajwang (Homa Bay), supported the Committee’s findings and questioned why it took so long for the regulations to be gazetted.

Call for accountability

During the debate, lawmakers expressed disappointment over the ministry’s failure to formally withdraw the flawed regulations despite acknowledging their shortcomings. They accused the Executive of attempting to bypass Parliament’s legislative mandate.

“The Constitution is very clear; laws are made by Parliament. We should strictly adhere to that,” said Senator Osotsi, while Senator Bonny Khalwale (Kakamega) added, “Any attempt by anybody to make laws other than Parliament must be resisted with all the zeal.”

The motion received unanimous support from 28 senators, signalling the Senate’s firm stance on upholding constitutional procedures and ensuring public participation in the law-making process.