County governments could play a more prominent role in implementing proposed carbon trading, forest conservation and wetlands management regulations following concerns that were raised by senators over the involvement of counties in environmental policymaking.
The Senate Committee on Delegated Legislation has called for stronger consultation with counties as it reviews seven proposed regulations covering carbon markets, wetlands, environmental assessments, public forests and charcoal management.
During a consultative engagement with the Ministry of Environment, Climate Change and Forestry in Mombasa County, senators warned against provisions that could undermine the responsibilities of governors, stressing the need to respect the devolved system of government in environmental management.
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The discussions centred on proposed regulations under the Climate Change Act, the Environmental Management and Coordination Act, and the Forest Conservation and Management Act.
Cabinet Secretary for Environment, Climate Change and Forestry Deborah Barasa told the committee that the proposed rules seek to balance environmental conservation with socio-economic benefits while promoting transparency, accountability and public participation.
“The proposed Regulations seek to strike a balance between environmental conservation and socio economic benefits,” She said.
However, senators called for greater involvement of county governments in shaping the framework before it is even finalised.
Counties role in environmental management
The proposed regulations cover carbon trading, the National Carbon Registry, wetlands conservation, environmental impact assessments and audits, concessions on public forests, charcoal production and sustainable forest management.
These areas have direct implications for counties, particularly those with forest ecosystems, wetlands and communities that depend on natural resources for their livelihoods.
Senators said the regulations should recognise the responsibilities of both levels of government and ensure county administrations are adequately consulted during implementation.
The concerns raise questions about how national environmental policies will be coordinated with county responsibilities, especially where conservation measures intersect with local development priorities and community livelihoods.
The committee urged the Ministry to consider the views of county governments, governors and other stakeholders as it reviews the proposed rules.
Safeguards proposed for carbon trading
Senators also raised concerns about provisions granting the National Carbon Registry powers to suspend carbon project accounts.
They called for greater attention to the security and integrity of the registry system, which is intended to support the administration of carbon trading activities.
Carbon trading allows projects that reduce or remove greenhouse gas emissions to generate carbon credits, which can be traded under applicable rules.
For communities and counties hosting such projects, the regulatory framework can influence how projects are administered and how local interests are considered.
The committee also proposed reviewing the wording of Regulation 12,4, recommending that the word “may” be replaced with “shall” where a mandatory obligation is intended. Senators said the change would improve clarity and consistency in the application of the law.
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Public participation under scrutiny
Public participation emerged as another key issue during the deliberations, with senators insisting that consultations must be meaningful and comprehensive before the regulations are finalised.
They called for views from county governments, governors and other relevant stakeholders to be incorporated into the process first.
“Madam CS, Please Ensure you incorporate views from County Governments, governors and other relevant stakeholders to ensure the proposed framework is inclusive,”
The involvement of affected communities will also be important, particularly in areas where forest conservation, charcoal regulation and wetlands protection may influence access to natural resources and local economic activities.
The proposed regulations are intended to strengthen environmental protection and sustainable forest management, but the committee’s concerns highlight the need to establish how these objectives will be pursued while respecting devolution and public interests.
The committee resolved to continue deliberations on the proposals and urged the Ministry to consider the concerns raised during the engagement.
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