The Senate has annulled new environmental rules published earlier this year, saying they failed to meet legal requirements and bypassed proper procedures.
The Environmental Management and Co-ordination (Strategic and Integrated Environmental Assessments and Environmental Audits) (No. 2) Regulations, 2025—issued under Legal Notice No. 71 of 2025—were meant to replace the current framework for environmental impact assessments and audits. They aimed to address climate change, improve public participation, and strengthen monitoring processes.
However, senators backed a report by the Committee on Delegated Legislation, chaired by Tharaka Nithi Senator Mwenda Gataya, which found the rules were procedurally flawed. The Motion to annul them was seconded by Tana River Senator Danson Mungatana.
Gataya told the House the regulations did not meet the standards set under the Statutory Instruments Act. While the Ministry of Environment submitted a regulatory impact statement, it failed to attach a draft of the regulations, as required by law. A version posted on the National Environment Management Authority (NEMA) website also lacked a schedule of proposed fees—denying the public a chance to comment on the charges.
The committee also criticised the Ministry for relying on outdated public participation reports. Consultations were last carried out in 2018, nearly seven years before the regulations were published in 2025.
“The public participation exercise conducted in 2018 was not meaningful or adequate in respect of the regulations published in 2025,” Gataya said.
Some senators questioned why the rules, developed before 2018, were only gazetted this year. Others faulted the Cabinet Secretary for asking the committee to allow her to withdraw the regulations for fresh consultations but failing to officially revoke them.
During the debate, senators including Samson Cherarkey (Nandi), Mohamed Faki (Mombasa), William Kisang (Elgeyo Marakwet), Aaron Cheruiyot (Kericho), Okongo Mogeni (Nyamira), Edwin Sifuna (Nairobi), Tabitha Mutinda, and Moses Kajwang’ (Homa Bay) supported the annulment.
“The Constitution is very clear; laws are made by Parliament. We should strictly adhere to that,” Senator Osotsi said.
Kakamega Senator Bonny Khalwale added: “Any attempt by anybody to make laws other than Parliament must be resisted with all the zeal.”
The Motion passed unanimously with 28 senators voting in favour, sending a strong message to the Executive on the need to follow the law and ensure meaningful public engagement in policy-making.
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