Capacity building on Kenya’s Carbon Market Legislation
- International Lawyers Project
- Dec 15, 2024
- 2 min read
Situation
For Global South countries like Kenya, carbon trading is a two-edged sword. On the one hand, it brings the potential to finance national climate and developmental goals. On the other hand, it is riddled with structural problems, like high certification costs, unequal bargaining power, and difficulties in enabling local and indigenous communities to participate meaningfully. Recent shifts in Kenya’s legal framework for carbon trading, including the enactment of the Climate Change (Amendment) Act 2023 and the Climate Change (Carbon Markets) Regulations 2024, have introduced a new layer of complexity. These challenges threaten to exacerbate existing inequalities and environmental injustice. Lacking the technical know-how to navigate the fast-changing terrain of carbon markets, local and indigenous communities are particularly vulnerable to land encroachments and exclusion from the agenda-setting and rule-making processes in carbon projects. Capacity building is therefore essential to address this imbalance.
ILP’s Action
ILP partnered with the East African Wild Life Society (EAWLS) to conduct a three-part virtual training on carbon trading markets attended by NGOs, civil society, and government officials. Through the training, participants were introduced to the fundamentals of carbon markets and equipped with the essential skills and knowledge needed to engage effectively on this mechanism. A significant emphasis was placed on demystifying Kenya’s legal frameworks, ensuring participants could understand the implications of developing carbon markets, including the impact and risks.
Impact
Participants of the training reported a deepened understanding of carbon markets, enabling them to evaluate risks and opportunities with greater confidence when a specific carbon market project is developed, particularly affecting indigenous community land. The video recording of the training has also been used subsequently by our partners to train others. This enhanced legal literacy has fortified their knowledge foundation to advocate for land rights and to resist potential land encroachments pursued by powerful carbon project proponents.