Kenya’s Green Constitution and Environmental Governance: A Comprehensive Analysis

Kenya has emerged as a regional leader in environmental governance, with its commitment to sustainability deeply ingrained in its Constitution. This "Green Constitution" outlines a clear framework for the protection of the environment, positioning Kenya as a beacon of environmental stewardship on the African continent. As the country continues to build on these foundations, the transition of leadership within the Ministry of Environment, Climate Change, and Forestry marks a crucial moment in advancing Kenya’s environmental agenda.

On April 1, 2025, Hon. Aden Bare Duale handed over the reins to Dr. Deborah Mlongo Barasa, who now assumes the role of Cabinet Secretary. This change of leadership sets the stage for a new chapter in Kenya’s environmental governance, with a focus on sustainability, climate action, and responsible natural resource management.

Constitutional and Legal Framework

Kenya’s Constitution, adopted in 2010, has set a precedent for environmental governance, establishing the environment as a fundamental right for all citizens. Article 42 guarantees the right to a clean and healthy environment, while the Preamble emphasizes the need for conservation for the benefit of future generations.

The Environmental Management and Coordination Act (EMCA) serves as the core piece of legislation, supported by a range of regulations that have been developed under the leadership of Hon. Aden Bare Duale. Key regulations include:

• Water Quality Regulations

• Waste Management Regulations

• Sand Harvesting Regulations

• Air Quality Regulations

• Management and Control of Plastic Packaging Materials Regulations

• Management of Toxic and Hazardous Chemicals and Materials Regulations

• Extended Producer Responsibility (EPR) Regulations

These regulations not only address specific environmental challenges but also aim to generate substantial revenue, potentially reaching KES 50 billion annually, which would support the sustainability of the National Environment Management Authority (NEMA).

Climate Action and Carbon Markets

Kenya continues to position itself as a leader in climate action on the African continent, with the government actively pursuing measures to reduce greenhouse gas emissions and increase climate resilience. Under President William Ruto’s leadership, Kenya has taken significant steps toward advancing climate action both regionally and internationally.

The country’s Carbon Markets Regulations, 2024 are a testament to this commitment. These regulations provide the framework for carbon trading and other market-based approaches to carbon mitigation. The government has established a Multi-Sectoral Technical Committee to oversee the operationalization of these regulations, with the goal of meeting Kenya’s Nationally Determined Contributions (NDCs) while also attracting green investments.

Forestry and Conservation

One of the most ambitious environmental initiatives in Kenya is the 15 Billion Tree Growing Programme, a presidential initiative aimed at increasing Kenya’s national tree cover from 12.8% to 30% by 2032. By March 2025, more than 777 million seedlings had been planted, with over 645 million seedlings recorded digitally through the JAZA MITI App.

Additionally, the government has reinforced its commitment to forest protection through initiatives such as Operation Imarisha Misitu, which seeks to safeguard forest boundaries and prevent illegal encroachment. Strategic partnerships with organizations like Safaricom and I&M Bank have resulted in significant funding for forest conservation projects.

Sustainable Waste Management

Sustainable waste management is a growing concern in Kenya, particularly as urbanization increases. The Ministry of Environment, under the leadership of Hon. Duale, has made strides in improving waste management infrastructure and practices. Key initiatives include:

• Establishment of Model Waste Demonstration Centers in Kwale and Kiambu counties

• Creation of six Material Recovery Facilities in various counties

• Enforcement actions on plastic waste management, with 700 actions taken against offenders

These efforts are aimed at reducing waste generation, improving recycling rates, and promoting a circular economy.

Meteorological Services and Climate Resilience

The modernization of Kenya’s meteorological services has been a key area of focus, with 85% of the national weather network now upgraded. This includes the launch of a Tsunami Early Warning System at Mombasa Port and the issuance of 452 weather forecasts across the country. The ongoing development of the Meteorological Bill (2023) aims to transform the Kenya Meteorological Department into a State Corporation, enhancing its capacity to support climate resilience efforts.

Public Health and Environmental Safety

The Ministry’s focus on environmental safety has extended to public health initiatives. One of the most notable achievements is the successful implementation of a nationwide asbestos removal initiative. This program, which targets the removal and safe disposal of hazardous asbestos roofing, aims to protect public health and the environment.

Enforcement and Regulatory Strengthening

Under Hon. Duale’s leadership, NEMA expanded its role in enforcing environmental regulations across Kenya. The Rapid Results Initiative was launched to implement new regulations in all 47 counties, and significant progress has been made in controlling noise pollution, cracking down on illegal industrial activities, and holding businesses accountable for environmental harm.

International Engagement

Kenya remains a key player in global environmental diplomacy, with active participation in numerous international agreements and forums. The country has ratified and domesticated several Multilateral Environmental Agreements (MEAs), including:

• Minamata Convention on Mercury

• Kigali Amendment on Climate Change

• Bamako Convention on Hazardous Waste

• Nairobi Convention on Coastal and Marine Protection

Kenya will continue to engage in important upcoming events, including the African Climate Summit (September 2025), Plastic Treaty Negotiations, and UNEA 7 (December 2025).

Future Directions

The transition of leadership from Hon. Aden Bare Duale to Dr. Deborah Mlongo Barasa provides a unique opportunity for Kenya to build on past successes and push forward with new initiatives. Key areas of focus for the Ministry under Dr. Barasa’s leadership will include:

1. Full operationalization of the 11 environmental regulations developed under CS Duale’s tenure.

2. Completion of the carbon market framework to attract both local and international investments.

3. Continued implementation of the 15 Billion Tree Growing Programme to enhance Kenya’s green cover.

4. Nationwide asbestos removal initiative, with a focus on public awareness and safe disposal methods.

5. Transformation of the Meteorological Department into a State Corporation to further strengthen climate services.

6. Expansion of sustainable forestry practices, including agroforestry and forest financing strategies.

7. Creation of a 24-hour environmental complaints call center to enable citizens to report environmental violations promptly.

Conclusion

Kenya’s environmental governance model continues to evolve, with a strong legal framework, a focus on climate action, and an increasing emphasis on sustainable natural resource management. While challenges remain, particularly in enforcement and climate resilience, the country’s Green Constitution and its progressive environmental policies provide a solid foundation for future success.

With Dr. Deborah Mlongo Barasa now at the helm of the Ministry, Kenya is poised to continue its leadership role in environmental governance, setting the stage for a greener, more sustainable future for all.