ENVIRONMENTAL LAW POLICY AND GOVERNANCE SPOTLIGHT

1. Environmental Law in the Courtroom

2025 had a number of key environmental litigation matters across the country. Notably, courts have increasingly been asked to balance economic development with environmental protection while government entities and private actors have faced heightened scrutiny over environmental and climate impacts, biodiversity loss as well as compliance with existing environmental and climate change laws. These court cases continue to shape and influence environmental law, conservation law, Land Law, Agricultural law and Climate Change regulations in Kenya.

The Mara Wildlife Corridor Case

The matter is still active and pending in Court. 

The case involves the construction of a luxury hotel within the Maasai Mara ecosystem on the bank of the Sand River Wildebeests migration and crossing area. The core arguments of the legal challenge are that the actions by the developer are; obstructing a wildlife corridor, violating the management plan for Maasai Mara and they lack evidence to demonstrate an environmental impact assessment was conducted.

Later on, the Petitioner sought the withdrawal of the matter, however, the Environment and Land Court in Dapash v Marriot International INC & 4 others [2025] KEELC 18462 (KLR) declined to withdraw the matter on the basis that it is a public interest matter. The matter is set to proceed for hearing and probable determination in 2026.

Northern-Rangelands Trust Case

The Environment and Land Court in Osman & 164 others (Suing on Their Behalf and Behalf of Residents of Merti Sub-County, Chari, and Cherab Wards in Isiolo County) v Northern Rangelands Trust & 8 others [2025] KEELC 99 (KLR) set significant precedent for community land rights, public participation and carbon offset projects within conservancies. The case challenged the actions of Northern Rangelands Trust (NRT) for violating community land rights in Isiolo County. Specifically, the Communities in Merti, Chari and Cherab argued that NRT’s activities were carried out without their permission, they used unauthorized armed personnel and they failed to properly involve the local residents in the planning or execution of carbon offset projects. 

The court while delivering its judgment held that the establishment of the conservancies lacked adequate public participation especially given the existing investor relationships within the community land. Additionally, the Court stated that the conservancies were operating illegally with regard to their establishment and management and went ahead to revoke all licenses and authority that may have been granted to the community conservancies. 

On the issue of armed rangers who held the status of police reservists within conservancies, the Court held that reserve police officers are subject to the same requirements as regular police officers with regard to proper registration, vetting, training and being supervised by the National Police Service. Equally, the Court ordered that the County Government of Isiolo and the Ministry Lands facilitate the registration of the Community land as they were in breach of their statutory duties under the Community Land Act which had left the land to be used without authorization.

The matter is currently at the Court of Appeal. 

To listen to our podcast on the NRT Case on Spotify, click here THE NRT CASE.

Friends of Karura Forest Case 

Friends of Karura Forest is a registered Community Forest Association whose objective is to conserve and sustainably manage Nairobi’s Karura Forest by providing ecosystem services, through restoration of indigenous biodiversity and securing the forest  from threats. They also provide community access and recreational space for surrounding communities.

This case, Friends of Karura Community Forest Association v Attorney Generak & 3 Others; Law Society of Kenya & 3 Others (Interested Parties) [2025] eKLR,  involves Environment and Planning. The Kenya Forest Service (KFS) transferred the revenue collection at Karura Forest to the E-Citizen payment platform as per the 2023 National Treasury directive. According to Friends of Karura Forest, the decision by KFS goes against the Karura Forest Management Agreement (FMA) 2021 – 2041 entered into by the KFS and the Friends of Karura Forest which provides for shared operational responsibilities and revenue collection through a jointly managed account. Friends of Karura Forest is a registered Community Forest Association whose aim is to 

This decision while anchored under Article 201 of the Constitution which provides for principles of public finance such as openness and accountability, the manner in which KFS implemented the unilateral decision has raised key concerns such as the lack of consultation of key stakeholders. The lack of public participation and consultation with key stakeholders necessitated the institution of a case. 

The matter is still active and pending in Court.

Sosian Energy Limited (SEL) Case

The case was an Appeal from the National Environmental Tribunal(NET). At NET, Menengai West Stakeholders Forum, due to the noise and vibration impacts likely to be caused by the project, sought to have Sosian’s Energy Limited EIA license set aside and the tribunal to order the company to conduct a Strategic Environmental Assessment and a new Environmental Impact Assessment be undertaken for all geothermal activity planned by the Geothermal Development Company within Menengai area. The tribunal found that the EIA as well as SEA were adequate and that adequate public participation had been carried out by the project proponent.

On Appeal, The Environment and Land Court in Menengai West Stakeholders Forum & 10 others v National Environmental Management Authority & another [2025] KEELC 1169 (KLR) cancelled an EIA license granted for a geothermal energy project. The Court cited multiple procedural and substantive violations in the environmental review process. In particular, the court noted that a climate impact assessment should be completed before project approval to inform decision-making.

Lamu Coal Plant Case

This case is an Appeal from the National Environmental Tribunal (NET) at Nairobi NET/196/2016. At NET, the people of Lamu challenged the issuance of an EIA license by NEMA to Amu Power Company Limited to establish and operate a coal-fired power plant due to potential air pollution, threats to vital marine life and the project’s conflict with Kenya’s climate change commitments under the Paris Agreement. The tribunal found that Amu Company Limited did not conduct adequate public participation and did not submit a proper detailed architectural or engineering plan of the coal plant or the site plan and ordered a fresh EIA and for NEMA to provide reasons for or against for granting an EIA license based on the fresh EIA.

On Appeal, the Environment and Land Court in Amu Power Company Limited v Save Lamu & 6 others [2025] KEELC 7285 (KLR) revoked the Environmental Impact Assessment (EIA) licence granted to Amu Power Company Limited for the proposed 1,050 MW Lamu Coal Fire Power Plant. The Court highlighted a number of procedural and substantive violations. In particular, the public participation process was inadequate and that the EIA licence approval process was found to be procedurally flawed as it did not address a number of mitigation measures and the project’s contribution to climate change.

Indigenous Seed Case

The Petition was filed in 2022 by farmers from the Seed Savers Network Kenya where they challenged the constitutionality of section 3D(1), 8(1), 8A(1), 10(4)(c, d, e, f and g), 20(1E) of the Seeds and Plant Varieties Act Cap. 326 and Rules 6, 9(5), 16, 19 and the fifth schedule of the Seeds and Plant Varieties (Seeds) Regulations Legal Notice 220 of 2016. 

The High Court in Wathome & 14 others v Kenya Plant Health Inspectorate Service & another; Greenpeace Environmental Kenya & 2 others (Interested Parties) [2025] KEHC 18166 (KLR) decriminalised the practice of saving, sharing and exchanging of uncertified seeds. Additionally, the Court found Section 3D(1), 8(1), 8A(1), 10(4)(c, d, e, f and g), 20(1E) of the Seeds and Plant Varieties Act Cap. 326 and Rules 6, 9(5), 16, 19 and the fifth schedule of the Seeds and Plant Varieties (Seeds) Regulations Legal Notice 220 of 2016 unconstitutional for violating Cultural rights on ownership of indigenous seeds and plant varieties, right to privacy, right to equality and freedom from discrimination, right to property and the right to fair administrative action.

ICJ Advisory Opinion on Climate Change

In this Climate Change Advisory, the International Court of Justice (ICJ) asserted that Climate Change is an urgent and existential threat to humanity. It also emphasized states obligation in addressing climate change for climate justice.

To get a full breakdown of the case, click here  ICJ Advisory Opinion

Aberdare Road Case (Ihithe – Ndunyu Njeru Road)

The case, which OGO-LAW, THE GREEN BRIEF ADVOCATES is involved in as counsel on record,  is challenging the proposed construction of the MAU MAU Lot 4: Ihithe-Ndunyu Njeru Road classified as C509/C481/C482 (52km) connecting Nyeri and Nyandarua Counties and passing through the Aberdare National Park and Forest Reserve. The construction of the said road is considered to be a threat to the Aberdare, a potential UNESCO World Heritage site, and a natural ecosystem and sanctuary for rare and endangered wildlife species such as the Mountain Bongo.

The matter is still actively in Court with the next Court date set for the month of February for the parties to highlight their written submissions and thereby leading to the Courts Judgement.

Kiliavo Fresh Limited Case

The case, which OGO-LAW, THE GREEN BRIEF ADVOCATES is involved in as counsel on record, involves the developments being undertaken by Kiliavo Fresh Limited within the Kimana Wildlife Corridor. The case challenges the decision of NEMA which ordered the Company, Kiliavo Fresh Limited, to stop any further developments. The matter began at the National Environment Tribunal and has been litigated until the Supreme Court of Kenya, where an appeal currently lies awaiting determination. The Supreme Court is expected to determine a number of issues including and not limited to whether Section 130(1) of the Environmental Management and Co-ordination Act Cap. 387 allows for judicial review when a person is aggrieved with the decision of the National Environmental Tribunal. 

The matter is currently awaiting final determination by the Supreme Court of Kenya.

B. Acts of Parliament, Regulations and Bills

Land, Forests and Wildlife Governance 

(I) The Land (Amendment) Act 2025 

The Land Act Cap. 280 was enacted to provide for the sustainable administration and management of land and land based resources. It was also enacted for purposes of revising, consolidating and rationalizing existing land laws in order to give effect to Article 68 of the Constitution of Kenya.

The key amendment to the Act was the provision on the process for allocating public land for public bodies and institutions. The Act now requires public bodies and institutions to apply to the Registrar for registration of public land allocated by the National Land Commission. The Registrar is mandated to register the said land, publish a notice in the Kenya Gazette detailing the registration particulars and issue a certificate of title. Titles are issued in the name of the incorporated entity. If the entity is unincorporated, the title is issued in the name of the Cabinet Secretary for National Treasury as a Trustee. For the County Government, the title is issued in the name of the said county.

These amendments aim to prevent irregular land allocation, ensure registration and promote accountability in land governance. 

(II) The National Land Commission (Amendment) Act 2025 

The National Land Commission Cap. 281 was enacted to provide functions and powers of the National Land Commission (NLC), qualifications and procedures for appointments to the Commission as well as give effect to the objects and principles of devolved government in land management and administration.

The Act now, through its recent amendments, imposes strict time limits and legal boundaries on NLC’s primary functions. For instance, the National Land Commission (NLC) is mandated to review land grants issued before 27th August 2010 within a 5 year period after the Act commences. The NLC has the power through the Registrar to revoke titles acquired unlawfully although revocation shall not apply to bona fide purchasers without notice. On historical land injustices, the Act now provides for a criteria that need to be met in order for NLC to investigate the claim. The criteria is as follows:- 

1. it must be a grievance that resulted in the violation of a land right based on any law, policy, declaration, administrative practice, treaty or agreement;
2. the grievance resulted in displacement;
3. it occurred between 15^th June 1895 and 27^th August 2010;
4. it has not been sufficiently resolved and still subsists.

(III) The Wildlife Conservation and Management (Amendment) Act 2025

Before the Amendments, the Act primarily addressed compensation for victims of terrestrial wildlife attacks, leaving injuries and deaths caused by marine species not catered for. The Amendments introduced by Hon. Ruweida Mohamed Obo, MP now provides a framework for compensation for injuries and fatalities caused by marine wildlife such as sharks, stonefish, whales and stingrays species.

(IV) The Wildlife Conservation and Management (Amendment) Bill (Senate Bills No. 46 of 2023

This Bill was introduced at the Senate by Sen. Johnes Mwaruma, MP. The Bills seeks to amend the following:-

1. Establish a new Kenya Wildlife Regulatory Authority (KWRA) to regulate, coordinate and oversee the wildlife sector independently from KWS.
2. Introduce a Wildlife Conservation Trust Fund governed by a board and run by a CEO to manage compensation, conservation incentives and project funding.
3. Establish the National Wildlife Tribunal to handle compensation disputes and appeals with recourse to the Environment and Land Court.
4. Declare wildlife a national asset held in trust by the government for all Kenyans.
5. Introduce the concept of a “wildlife economy” to encourage profitable use of wildlife resources aligned with conservation.
6. Assigning Counties clear wildlife conservation mandates including implementing benefit sharing frameworks, managing national reserves and promoting bio-trade.
7. Adding provisions to protect wildlife critical outside protected zones such as migratory routes, breeding sites, spiritual sites.
8. Mandate the Cabinet Secretary to publish tax incentives and other economic rewards for individuals and communities engaging in conservation.
9. Creating a formal compensation scheme administered by a designated scheme administrator and funded through parliamentary allocations, 2 per cent of conservation/tourism revenues and other approved sources.
10. Designating specific management and scientific authorities for wildlife treaties and aligning with CITES and mandating annual reports to Parliament.

The Bill is currently at the second reading stage.

(Watch out for our LMS class that is set to be launched on the firm’s website. LMS is a self-paced course and shall inform you about the process of making of laws in the two houses of Parliament i.e National Assembly and the Senate.)

(IV) The Forest Conservation and Management (Amendment) Bill, 2025

The Forest Conservation and Management Act Cap. 385 was enacted to provide for the development and sustainable management, including conservation and rational utilization of all forest resources for socio-economic development of the Country.

The Bill seeks to amend the current Act in order to address emerging challenges in forest management as outlined in the National Forest Policy, 2023. The objectives include: aligning forest laws with Kenya’s Constitution and global conservation commitments, establishing Kenya Forestry Research Institute which is currently under the Science, Technology and Innovation Act, 2013, streamlining forestry regulations and policies to improve efficiency and sustainability. 

Additionally, The Bill seeks among other things; 

(a) establishment of the Kenya Forest academy;

(b) devolution of the services offered by Kenya Forest Service;

(c) establishment of the office of the Director of Forest Regulation;

(d) provision requiring an owner of a forest identify and designate specific areas of the forests as buffer zones;

(e) proposes to increase the mandate of KFS to include implementing activities relating to reducing emissions from deforestation and forest degradation and in consultation with other agencies implementing forest carbon projects in public forests; and

(f) provides for a forest professionals’ forum that will subject members to a self-regulation forum to ensure high standards of practice and ethics.

The Bill is expected to get into its second reading at the National Assembly.

(V) Draft Regulatory Impact Assessment (RIS) for Forest Conservation and Management (Forest Concessions on Public Forest Regulations, 2025

The proposed regulations aim to establish a robust legal framework that attracts private sector investment into Kenya’s public forest. The aim is to address a projected 34.4 million wood deficit by 2030 through shifting management and financial responsibilities from the government to private entities through long-term concession agreements. The government intends to utilize over 88,000 hectares of idle or underutilized public forest land. 

The overall objective of the government is to create over one million jobs across the value chain and support national environmental goals such as the current government project that targets to plant 15 billion trees and reduce the greenhouse gas emissions by 32 per cent by 2030. The regulations also incorporate safeguards for fundamental rights, ensuring fair administrative action and mandatory community engagement plans that prioritize employment and benefit-sharing for women, youth and persons with disabilities. 

Environmental Coordination & ICT

(I) The Environmental Management and Coordination (Amendment) Bill, 2023 

The Environmental Management and Coordination Act (EMCA) Cap. 387 was enacted to establish legal and institutional frameworks for the management of the environment.

The purpose of the Bill is to amend section 147 of the Act. The current reading of section 147 of the EMCA Act gives the Cabinet Secretary powers to create regulations on how licenses are issued, amended or revoked, set the specific fees and levying of charges and adopt any existing government standards and safety codes. Therefore, the new amendments shall give the Cabinet Secretary powers to make regulations to prohibit the planting of eucalyptus trees along rivers, lakes, seas and wetlands. This is meant to remove the water-intensive eucalyptus trees from water catchment areas and thus preserve ground water and prevent the reduction of water levels. 

This amendment is in line with the Court orders issued by the Environment and Land Court in Omariba (Acting for and in Public Interest) v CS, Ministry of Environment and Forestry & 6 others [2025] KEELC 8391 (KLR) at Ol Kalou by Justice JM Kamau. The decision stopped the cultivation of eucalyptus trees within 30-meter of water sources and 10 meters from adjacent property boundaries and directed the National Assembly to enact a law governing the cultivation of eucalyptus trees within 12 months. 

The Court decision represents a critical shift towards prioritizing watershed protection over the commercial benefits of exotic timber. If the Bill is enacted, the Cabinet Secretary shall have the power to create regulations for purposes of prohibiting the cultivation of these trees near water bodies. By doing so, the government will be addressing the ecological threat of declining water levels and water desertification. Further, the policy aligns with the Precautionary principle in Environmental Law which states that lack of scientific evidence should not prevent taking measures that will prevent serious or irreversible environmental harm.

The Bill was passed by the National Assembly and is currently at the Senate. 

(Watch out for our LMS class that is set to be launched on the firm’s website. LMS is a self-paced course and shall inform you about the process of making of laws in the two houses of Parliament i.e National Assembly and the Senate.)

(II)  Environmental and Social Impact Assessment (ESIA) Guidelines for ICT projects, 2025

The Communications Authority of Kenya (CA) Environmental and Social Impact Assessment Guidelines 2025 are specifically tailored for ICT projects. The guidelines provide for the following compliance standards for ICT projects:

1. Telecommunication mars and tower installations;
2. Data centre development and operations;
3. Electronic waste management and recycling facilities;
4. Electronic waste management and recycling facilities; and 
5. Broader ICT equipment and infrastructure deployment

The guidelines create a comprehensive compliance framework that ICT service providers must now navigate in order to promote environmental sustainability and social responsibility. These guidelines mandate service providers to obtain necessary licenses from NEMA and adhere to the CA’s standards regarding efficiency, carbon emission reduction and green energy adoption. 

Key technical requirements for ESIA reports include detailed site assessments, visual impact mitigation through camouflaging and rigorous Electromagnetic Field (EMF) exposure measurements to ensure public safety. Furthermore, the guidelines emphasize the necessity of site sharing and co-location to minimize environmental footprints. It also provides for inclusive stakeholder engagement and documented public participation to address community concerns effectively. ICT service providers are also required to comply with ISO 14001 standards and the Climate Change Act.

Climate change and Carbon registry

(I)Draft Climate Change (Carbon Registry) Regulations, 2025

The Climate Change (Carbon Registry) Regulations, 2025 establish a comprehensive framework for the National Carbon Registry and other sector registries such as Agriculture, Energy, Forestry and Land Use, Industrial process and product use, Transport and Waste. Its purpose is to track and manage exchange of information across carbon project transactions including Internationally Transferred Mitigation Outcomes (ITMOs). The regulations mandate strict anti-money laundering screenings and robust cybersecurity measures such as multi-factor authentication and data encryption in compliance with the Data Protection Act, 2019. 

The registry is also designed to ensure seamless data exchange with other international systems in line with the Paris Agreement Rules which provide public access to specific reports and project details through a dedicated web application. In addition, entities that violate these regulations either by engaging in fraudulent activities or failing to update the required documentation face potential account suspension, closure and criminal penalties. 

The Regulations have already undergone the public participation phase. The inputs from this phase are being compiled which shall then lead to final drafting, provision of a report and final approval and adoption.

(II)Framework for Reduction of Carbon Emissions in the ICT Sector, 2025 

The framework provides a roadmap to reduce the ICT sector carbon footprint by aligning national efforts with international standards such as the Paris Agreement. This is in an effort to reach net-zero emissions by 2050. The framework identifies that the telecom subsector contributes to 45 per cent of the emissions through data centers, 24 per cent through networks and 31 per cent of user devices while the postal subsector generates emissions through transportation, operational logistics and the production of consumables. 

The Communication Authority of Kenya through the framework promotes the use of energy efficient solutions, use of green power (solar), sharing of power sources, and utilizing the circular economy principles (sharing, leasing, reusing, repairing, refurbishing and recycling).