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Climate Finance & Litigation

Legal Advice for Kenya's Climate Economy

Kenya now has one of the most developed climate law frameworks in Africa. The Climate Change Act, amended in 2023, and the Climate Change (Carbon Markets) Regulations, 2024 govern how carbon projects are approved, how their revenues are shared with host communities, and how they are recorded on the National Carbon Registry.

Finance is moving just as quickly. The Central Bank of Kenya issued the Kenya Green Finance Taxonomy and the Climate Risk Disclosure Framework in April 2025, and application of the Taxonomy becomes mandatory for banks and mortgage finance companies from October 2026. Lenders, borrowers and investors now need to know which activities qualify as green, and how to show it.

Our practice covers both sides of this work. On the transactional side, we structure and document climate finance, carbon projects and green lending. On the contentious side, we act in climate and environmental disputes. Knowing how disputes arise makes our transactional advice sharper, and knowing how deals are built makes us better advocates.

Key Contact
Eric N. Kihungu
Eric N. Kihungu
Managing Partner
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How We Can Help

Climate finance

Carbon Markets & Carbon Projects

Advising project proponents and investors on approval by NEMA as the Designated National Authority, community development agreements, benefit-sharing obligations and registration on the National Carbon Registry.

Green & Sustainable Finance

Structuring and documenting green loans, green bonds and sustainability-linked facilities, and aligning transactions with the Kenya Green Finance Taxonomy.

Climate Risk & Disclosure

Helping banks and corporates prepare for mandatory taxonomy classification and the Climate Risk Disclosure Framework, including board-level climate governance and reporting.

Climate litigation

Claims Under the Climate Change Act

Section 23 of the Act allows any person to apply to the Environment and Land Court over conduct that harms climate mitigation or adaptation, without proving personal loss. We advise both claimants and respondents.

Environmental Licensing Disputes

Challenging or defending NEMA licensing decisions before the National Environment Tribunal and the Environment and Land Court, including disputes over impact assessments and public participation.

Carbon Project & Benefit-Sharing Disputes

Resolving disputes between project proponents, communities and landowners over community development agreements, revenue sharing and carbon rights.

Why Choose Us for Climate Finance & Litigation

Both Sides of the Table

We handle climate transactions and climate disputes, so we draft agreements with an eye to how they will be tested if things go wrong.

A Finance-First Perspective

We understand how lenders, investors and funds assess climate risk, which helps us structure transactions that can actually be financed.

Current on a Fast-Moving Framework

Carbon market rules, the Green Finance Taxonomy and climate disclosure standards are all new or recently amended. We track each change as it happens.

Practical Outcomes

Our advice is built around getting projects approved, financed and delivered, not around academic debate.

Need Advice on Climate Finance or a Climate Dispute?

Speak to our team about your matter. We respond to enquiries within one working day.

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