The Senate has annulled the Environmental Management and Co-ordination (Strategic and Integrated Environmental Assessments and Environmental Audits) (No. 2) Regulations, 2025, published under Legal Notice No. 71 of 2025 citing procedural shortcomings and failure to meet statutory thresholds.

This decision followed a Motion tabled by the Chairperson of the Committee on Delegated Legislation, Senator Mwenda Gataya (Tharaka Nithi) and seconded by Vice Chairperson Senator Danson Mungatana (Tana River), urging the House to adopt the Committee’s report recommending the annulment.

The annulled Regulations had sought to repeal the existing framework governing environmental impact assessments and audits, aligning them with the Environmental Management and Co-ordination Act (EMCA), Cap. 387. They also aimed to address emerging environmental concerns such as climate change, enhance strategic environmental assessment procedures and strengthen public participation mechanisms as well as monitoring processes. Additionally, the Regulations were intended to better reflect the evolving, integrated nature of environmental and social impact assessments.

However, Senator Gataya informed the House that the Regulations fell short of legal requirements, prompting the Committee’s decision.

“Having heard from the Ministry and having considered the Petition from the Environment Institute of Kenya, the Committee observed that the Regulations did not meet the threshold under the Statutory Instruments Act,” stated Senator Gataya.

He went on to highlight that although the Ministry submitted a regulatory impact statement, it failed to include a draft of the Regulations as required by section 7(1)(g) of the Statutory Instruments Act, Cap. 2A. The version published on NEMA’s website also lacked a schedule of proposed fees, effectively denying the public an opportunity to provide feedback on those charges.

The Committee also criticised the Ministry for relying on outdated public participation reports.

“Whereas the regulation making authority indicated that it had conducted public participation on the Regulations, the said consultations were conducted in 2018 nearly seven years before the Regulations were published in 2025,” Senator Gataya observed. “The public participation exercise conducted in 2018 was not meaningful or adequate in respect of the Regulations published in 2025.”

Several Senators raised concerns about the extended delay in publishing the Regulations, noting that the framework was developed prior to 2018 but only gazetted in 2025. During debate, Senators questioned the motive behind the seven-year gap and called for accountability.

The Committee revealed that although the Cabinet Secretary had acknowledged flaws in the public participation process and had written to the Committee requesting to withdraw the Regulations to allow for fresh consultations, she did not formally revoke the published Regulations. This inaction, the Committee argued, necessitated its intervention.

Senators including Samson Cherarkey (Nandi), Mohamed Faki (Mombasa), William Kisang (Elgeyo Marakwet), Aaron Cheruiyot (Kericho), Okongo Mogeni (Nyamira), Edwin Sifuna (Nairobi), Tabitha Mutinda, Moses Kajwang (Homabay) supported the Motion and commended the Committee’s thorough report. They warned the Executive against bypassing legal procedures.

“The Constitution is very clear; laws are made by Parliament. We should strictly adhere to that,” emphasised Senator Osotsi.

Senator Bonny Khalwale (Kakamega) echoed the sentiment, stating, “The decision by the Committee is constitutional. Any attempt by anybody to make laws other than Parliament must be resisted with all the zeal.”

Other Senators called on the Executive to respect the Constitution and statutory frameworks when executing its mandate.

The Motion received unanimous support from 28 Senators during the Thursday afternoon sitting sending a strong message on the importance of legislative oversight and meaningful public engagement in regulatory processes.