Article 3: Navigating Land Tenure and FPIC via Community Barazas

Under the Climate Change (Carbon Markets) Regulations 2024, proving ownership of, or legal rights to, the land resource generating carbon credits is the absolute foundation of a project's viability. The Designated National Authority (DNA) rejects any project registration that fails to supply flawless documentation of land tenure and community consent.

The regulatory framework defines strict consent requirements depending on whether a project sits on **Public Land** or **Community Land**.

1. Public Land: Institutional Consents

Public Land is owned by either the National Government or one of the 47 County Governments of Kenya. For developers implementing forestry, soil rehabilitation, or clean cookstove distributions on public land (such as gazetted forests or county parks):

• National/County Government Consent: The developer must secure a formal, written agreement or lease from the relevant public entity (e.g., Kenya Forest Service or the County Executive Committee Member for Environment).
• Proof of Authorization: Verbal agreements or loose memorandums of understanding are legally insufficient. The project proponent must produce verified deeds of authorization during the DNA audit.

2. Community Land: Free, Prior, and Informed Consent (FPIC)

Community Land includes land registered in the name of a community, land held as communal trust lands, or ancestral community holdings. If your project sits on Community Land, the consent process is highly democratic and regulated:

• Mandatory Community Barazas: Proponents must conduct a series of formal, public community meetings (known as barazas). These barazas must be open, inclusive, and advertised well in advance.
• Free, Prior, and Informed Consent (FPIC): The community must be thoroughly briefed on the project’s scope, environmental impact, cost structure, and expected benefit-sharing payouts. The community must voluntarily grant consent without coercion, before any operations commence.
• Formal Documentation: FPIC must be formally recorded, including signed attendance registers, detailed minutes of the baraza proceedings, and a signed resolution approved by the community assembly.

The Compliance Danger Zone

Failure to document the FPIC process properly represents the single most common reason why community-based carbon projects are rejected or canceled. If a community group disputes a project's consent records, NEMA holds the authority to suspend credit issuance immediately under the 2024 framework.

Kipimo provides the registry infrastructure to digitally store, verify, and lock these consent documents—including GPS-tagged photos, baraza minutes, and signed community agreements—to the project ledger. This creates an unalterable proof trail that shields developers from future legal disputes.