2023 is fast becoming the year of compliance teams. The year has seen new regulations and laws being promulgated.
These new laws come against a backdrop of increased pressure by the government (national and county) to raise revenue in order to finance government priorities.
New laws and regulations are being rolled out, redefining new risk areas for organisations.
Organisations with national distribution system fully understand the frustrations as well as the cost implications of dealing with devolved government units as regards permits.
There are 47 counties in Kenya.
The Constitution of Kenya has devolved various functions to the counties (4th Schedule) one of which relate to the implementation of specific national government policies on natural resources and environmental conservation.
Nairobi City County Climate Change Management Bill, 2023.
The Nairobi City County has now published its Nairobi City County Climate Change Management Bill, 2023.
The Bill is a private members bill. It is primarily focused on the set up of governance and administrative functions as well as the typical requirements relating to the administration of the proposed legislation.
The Bill impacts both public and private (defined to include PBOs) organisations.
Key provisions & Impact
The bill contains the following selected provisions:
▪︎ It has created a new administrative unit, the County Steering Committee to administer the proposed law.
▪︎ It has set up a new Fund, the County Climate Change Fund. The Fund will receive monies from various sources to include charges, fees, levies or fines in respect of activities that negatively impact on climate in the county.
▪︎ It has imposed what it refers to as Climate Change Duties, on private entities. To this end it provides as follows;
- The county may assign Climate change Duties upon organisations.
Climate change duties is not defined under the proposed law. However, drawing inference from the Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Amendment Order 2020, this could mean adaptation programs, reduction targets, resourcing etc.
- The County may with the cooperation of the NEMA, monitor and investigate compliance with climate change duties.
- The Bill imposes new reporting requirements by private entities of climate change duties. The reporting requirements cover remedial plans and progress reports.
The Bill is in the public participation stage having gone through the 1st reading on 12 September, 2023.
Conclusion
It is likely that this type of legislation will be replicated across countries. This will impose additional, multiple companies obligations to organisations.
Note: The Climate Change (Amendment) Act, 2023 was recently signed into law by and imposes additional obligations at the national level.
It is important for organisations to keep up with emerging legislations by updating their legal & risk registers.
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