The Ministry of Environment, Climate Change and Forestry has withdrawn the contentious Legal Notice No. 71 of 2025, which had introduced new rules on environmental assessments and audits.
The announcement was made by Principal Secretary Dr. Festus Ng’eno during a session with the Senate Committee on Delegated Legislation on Monday, July 28, 2025. He said the ministry made the decision after realising the process needed wider consultation.
“We have resolved to withdraw Legal Notice No. 71 of 2025 after we realised that we were heading nowhere. We have done that to allow more consultations and involvement of all stakeholders,” said Dr. Ng’eno.
He told the Senate Committee that the ministry had already informed the Clerk of the Senate and would officially notify the National Assembly on Tuesday.
In a letter presented to the committee, the ministry said it was withdrawing the notice from the legislative process to allow for more public engagement and promised to reintroduce it later. “We endeavour to table the Statutory Instrument before the House at the appropriate time,” the letter read.
The withdrawal comes after the Senate Committee, led by Senator Mwenda Gataya, directed Cabinet Secretary Dr. Deborah Mulongo Barasa to review the regulations or risk their annulment.
“We, as a Committee, have a straightforward mandate. After thorough scrutiny of these Regulations, we must either annul them or allow them, there is no third option,” said Senator Gataya.
The Environment Institute of Kenya (EIK) had earlier petitioned Parliament, asking for a review of the regulations to ensure they complied with the law. The institute raised concerns over transparency and public participation and called for the rules to be suspended or annulled.
Following the PS’s announcement, the committee welcomed the ministry’s decision but urged it to strictly follow legal procedures moving forward. They also asked the ministry to move quickly and gazette the withdrawal.
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