ADVOKS GLOBAL · KENYA
The Climate Change Act (Non-Market Approaches) Regulations, 2026
9. Criteria for reviewing non-market approaches
Edition: 2026-02-12 · In force
9. Criteria for reviewing non-market approaches
(1)The Directorate shall ensure that a non-market approaches project submitted under regulation 8(1)—(a)aligns with the national priorities;(b)prioritises co-operation that excludes market mechanisms and avoids overlaps;(c)contributes towards sustainable development including improving livelihoods, empowerment and poverty eradication;(d)has been subjected to public participation in line with the Constitution, the Act and any other relevant written law during the design of the non-market approaches proposal, if the project proposed to be undertaken on public or community land; and(e)integrates mechanisms for transparency and accountability.(2)The Directorate shall, in addition to the criteria under subregulation (1), assess and determine the suitability of a proposed non-market approaches project for international reporting in line with Article 6.8 of the Paris Agreement.(3)A proposed non-market approaches project shall be suitable for international recording under Article 6.8 of the Paris Agreement if the project—(a)promotes mitigation and adaptation measures by demonstrating potential to exceed Kenya’s Nationally Determined Contributions including through scalable interventions;(b)enhances the participation of the public sector, private sector and civil society in the implementation of Nationally Determined Contribution through the inclusive engagement of the public and vulnerable groups in the design and implementation of the proposed project;(c)has a mechanism for mobilising international finance, technology or expertise for the proposed project; and(d)enables co-ordination across various instruments and institutions by—(i)aligning with the relevant written laws and Government policies;(ii)facilitating synergies with international mechanisms; and(iii)embedding clear institutional frameworks for oversight, information sharing and coordination.(4)The Directorate shall publish on the Platform the non-market approaches projects that have been approved for international recording and notify the project proponents in the manner specified in the Second Schedule.