The Ministry of Environment has officially withdrawn a set of controversial regulations that were published in April 2025, following strong public backlash and intense stakeholder criticism.
The regulations, which were introduced under Legal Notice No. 71, aimed to restructure the country’s environmental assessment and approval processes but have now been pulled back to allow for more consultations.
Speaking on Monday, July 28, during a session with the Senate Committee on Delegated Legislation, Environment Principal Secretary (PS) Festus Ng’eno confirmed the ministry’s decision to revoke the regulations.
He stated that the move was a result of widespread feedback and the realization that the current approach was not working.
“We’ve decided to withdraw Legal Notice No. 71 of 2025 because it was clear we were not moving in the right direction. We’re doing this to allow broader dialogue and ensure that every concerned party gets a voice in shaping the final framework,” PS Ng’eno said.
He added that the Ministry had already informed the Senate Clerk and was set to notify the National Assembly formally on Tuesday, July 29.
A letter addressed to the Clerk explained that the withdrawal would pave the way for more comprehensive public consultations and that the Ministry intended to reintroduce the revised regulations at a later date.
This reversal follows a strong recommendation from the committee’s chair, Tharaka Nithi Senator Mwenda Gataya, who had instructed Environment Cabinet Secretary Deborah Barasa to review the regulations in light of growing opposition—or risk having them annulled by Parliament.
The now-suspended regulations had proposed a new system for conducting Environmental Impact Assessments (EIAs), Strategic Environmental Assessments (SEAs), and Environmental Audits (EAs) as part of a broader push for sustainable environmental management.
One of the most controversial clauses stated that no project with possible negative environmental effects could proceed without first undergoing a full integrated environmental assessment and securing a license from the environmental authority.
The Environment Institute of Kenya (EIK) responded by submitting a petition to Parliament, raising serious legal and procedural concerns.
They demanded an urgent review of the 2025 regulations to ensure that they aligned with the Statutory Instruments Act of 2013 and met constitutional requirements on public participation and transparency.
EIK further called for the regulations to be suspended or scrapped entirely and requested that professionals and other stakeholders in the environmental sector be granted an opportunity to voice their recommendations through formal hearings.
Following the Ministry’s announcement, the Senate committee welcomed the decision but warned the ministry to strictly follow the law moving forward to avoid similar missteps.
Committee members also urged the Ministry to speed up the official gazettement of the withdrawal and work closely with the public in crafting better regulations that serve both environmental and development interests.
Join Gen Z New WhatsApp Channel To Stay Updated On time https://whatsapp.com/channel/0029VaWT5gSGufImU8R0DO30
