Legal Alert ? The Climate Change (Carbon Markets) Regulations, 2024
Ministry of Environment Climate Change and Forestry
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Abstract: This legal alert provides a regulatory breakdown of Kenya?s Climate Change (Carbon Markets) Regulations, 2024, enacted under the Climate Change (Amendment) Act, 2023. It outlines governance structures led by the Designated National Authority (DNA), supported by a multi-sectoral committee comprising experts across six carbon-intensive sectors. The regulations operationalize project approval frameworks?including mandatory concept notes, letters of no objection, and project design documents?all synchronized with sectoral registrars. Provisions address land-based and non-land-based project classification, environmental impact audits, MRV protocols, and transparent disclosures on emission reductions and revenue projections. A major milestone is the mandatory social contribution: 40% for land-based community projects, 25% for non-land-based ones. The framework also sets transition rules for legacy projects, mandates compliance audits, and specifies conditions for participation?including financial capacity and technical expertise. While ambitious in scope, the regulations leave open the legal classification of carbon credits as commodities or financial instruments and do not fully address registry-market synchronization across voluntary platforms.