Kenya’s Cabinet Secretary for Foreign Affairs and International Trade signed the Paris Agreement on behalf of the Government of Kenya on 22 April 2016. By signing, Kenya has expressed its willingness to consent to the text of the Paris agreement and has the effect of obligating Kenya to refrain, in good faith, from acts that would defeat the object and purpose of the Agreement. Cabinet and National Assembly approvals are mandatory before Kenya can ratify the Paris Agreement. Upon ratification, the Paris Agreement will become part of Kenya’s legal system. The Constitution of Kenya, 2010 Article 2 (6) states that: “Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.” Best practice requires that the Paris Agreement be domesticated through an Act of Parliament.
When depositing the ratification instruments, Kenya may decide to submit the Intended Nationally Determined Contribution (INDC) submitted in 2015 as its NDC under the Paris Agreement; or Kenya may opt to submit a new NDC as its first NDC. However, Kenya will not backtrack from the initial 30% emission reduction.