Kenya gazette publishes revised environmental regulations to strengthen biodiversity protection and pollution control

Nairobi, Kenya – March 2025

The Government of Kenya has taken a bold step in strengthening environmental governance by gazetting two revised regulations under the Environmental Management and Co-ordination Act (EMCA), 1999. These regulations, namely the Environmental Management and Co-ordination (Controlled Substances) Regulations, 2025 and the Environmental Management and Co-ordination (Access to Biological Resources and Benefit Sharing) Regulations, provide enhanced legal frameworks to safeguard biodiversity, regulate access to genetic resources, and control substances harmful to the environment.

1. Environmental Management and Co-ordination (Controlled Substances) Regulations, 2025

The revised Controlled Substances Regulations set out new measures to regulate, monitor, and phase out substances that deplete the ozone layer, contribute to climate change, or pose serious health risks. The updated framework aligns Kenya’s policies with international commitments such as the Montreal Protocol on Substances that Deplete the Ozone Layer and the Paris Agreement on Climate Change.

Key highlights of the 2025 regulations include:

• Stricter monitoring of hazardous chemicals and pollutants to ensure compliance with environmental and health standards.
• Enhanced licensing and reporting requirements for industries handling controlled substances, including refrigerants, pesticides, and industrial chemicals.
• Stronger enforcement mechanisms, including penalties for illegal importation, production, or disposal of banned substances.

2. Environmental Management and Co-ordination (Access to Biological Resources and Benefit Sharing) Regulations, 2025

Kenya is a biodiversity-rich country, home to a vast range of genetic resources that hold significant potential for scientific research, medicine, and commercial applications. The Access to Biological Resources and Benefit Sharing (ABS) Regulations, 2025 provide a structured framework for equitable sharing of benefits arising from the use of Kenya’s biological resources, ensuring that local communities and indigenous peoples are fairly compensated.

Key highlights of the 2025 ABS Regulations:

• Clear guidelines on permits and agreements for research institutions, pharmaceutical companies, and other entities seeking access to Kenya’s biological resources.
• Stronger protections for indigenous knowledge and traditional practices, ensuring that local communities benefit from commercial applications of genetic resources.
• Alignment with global agreements, including the Nagoya Protocol on Access and Benefit Sharing, to promote fair trade and ethical resource use.

These regulations reinforce Kenya’s commitment to conserving its rich biodiversity while promoting sustainable development. By strengthening access and benefit-sharing mechanisms, the government aims to support local livelihoods, encourage responsible scientific research, and curb biopiracy.