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Senators have passed the Climate Change Amendment Bill 2023 that would provide for the regulation of carbon markets.

The principal purpose of the Climate Change (Amendment) Bill, 2023 is to amend the Climate Change Act of 2016 to provide for the regulation of carbon markets, which is not addressed in the current Act.

Carbon market means the mechanism that enables and allows public and private entities to transfer and transact emission reduction units, mitigation outcomes or offsets generated through carbon initiatives, programmes and projects subject to compliance with national and international law.

A carbon credit is created when the equivalent of one metric tonne of carbon dioxide is prevented from entering the atmosphere and is equal to one tonne of carbon dioxide or the equivalent amount of a different reduced, sequestered or avoided.

The Bill seeks to introduce carbon trading which supports the country to comply with the Paris Agreement that Kenya ratified and became a party to on December 28, 2016.

Article 6 of the Paris Agreement encourages parties to raise their mitigation ambition through carbon markets and non-market approaches.

If passed, by the Senate and assented to by the President, the law will support climate change interventions by enabling Kenya to achieve her Nationally Determined Contributions (NDC) in line with Article 6 of the Paris Agreement.

Kenya submitted her updated NDC in 2020 whose ambition is to reduce green house gases by 32 per cent relative to business as usual scenario of 143 metric tons of carbon dioxide equivalent by 2030.

The passage of the Bill now paves the way for Presidential assent ahead of the African Climate Change Summit. The Climate Change Amendment Bill 2023 was first read on the floor of the House on Tuesday and was on Wednesday subjected to public participation before the committee tabled its report yesterday for adoption.

The Senators in a Special sitting passed the bill without amendments as forwarded by the National Assembly.

On Wednesday the Senators put the Environment and Climate Change Cabinet Secretary Soipan Tuya on the spot for rushing the passage of the Climate Change Amendment Bill 2023, because of the upcoming African Summit.

This even as the Senate Land and Environment Committee was caught between a rock and a hard place on whether to propose amendments to the Bill or pass it as is and amend it later. The lawmakers questioned Tuya why she had not brought the Bill to the house in time yet she knew that the African Climate Change Summit was coming up.

Proposed legislation

While considering the views of the Ministry of Environment on the Climate Change Amendment Bill, Senators were categorical that even though it is important to pass the proposed legislation, the amount of time was so limited and that there is no proper publication.

“You have been in office for one year and you knew that African Summit for Climate Change was coming. Why didn’t you bring these amendments early so that we have enough time to look at the Bill. It looks like you want us to pass the law because of climate change,” charged Baringo Senator William Cheptumo.

Johannes Mwaruma (Taita Taveta) questioned why such an important law would take that long before being brought to parliament for passage, adding that proper public participation ought to have been conducted on the subject matter.

“Why has this law taken so long before being brought here? Proper public participation requires that we look at the matrix and regulate carbon credit. We needed to involve as many stakeholders as possible. I will be worried to pass the law in four days,” said Mwaruma