Motorists could soon face another mandatory compliance requirement after a new bill proposed annual emissions testing for all vehicles.
The development piles fresh obligations on car owners even as controversy continues over the government’s planned inspection of private vehicles.
The proposed Environmental Management and Co-ordination (Amendment) Bill, 2026, currently before the Senate, seeks to make annual emissions testing compulsory for all vehicles and high-polluting industries.
“The principal object of this Bill is to strengthen air quality management by providing for motor vehicle and stationary source emissions testing,” the Bill states.
The proposed law is sponsored by Mandera Senator Ali Roba. It has been published for introduction in the Senate for first reading.
The proposal came just weeks after an uproar arose over regulations by the National Transport and Safety Authority (NTSA) requiring the mandatory inspection of private vehicles that are more than four years old.
Implementation of the NTSA regulations has since been put on hold following court orders, offering temporary relief to motorists who argued the new inspections would increase the cost of owning a vehicle.
However, if the latest Bill becomes law, motorists will still be required to subject their vehicles to annual emissions testing at centres accredited by the National Environment Management Authority (Nema), regardless of the fate of the NTSA inspection rules.
“Any person driving a motor vehicle on a road or owning a motor vehicle so driven shall carry and display, or cause to be carried and displayed on the vehicle, a certificate of insurance and an emission testing certificate in the prescribed form, place and manner,” the Bill states.
It seeks to strengthen air quality management by giving Nema sweeping powers to regulate vehicle and industrial emissions, accredit testing centres and establish a nationwide air quality monitoring system.
“By regulating motor vehicle and stationary source emissions, this Bill aims to help significantly reduce the country’s carbon footprint, contributing to global efforts to mitigate climate change,” the Bill reads.
Every vehicle owner would be required to obtain an emissions testing certificate every year before their vehicle can remain compliant with the law.
“No motor vehicle insurance policy shall be issued or renewed unless the owner has a valid emission testing certificate issued under section 82A of the Environmental Management and Co-ordination Act,” the Bill reads.
The motor vehicle owner shall pay a fee for the emissions testing.
The proposed legislation also targets factories and other stationary sources of pollution, requiring them to undertake annual emissions testing and obtain valid emission licences from Nema before operating.
County governments would only issue or renew business permits for industries that possess valid emissions certificates.
To enhance transparency, the Bill proposes a digital platform through which testing centres will transmit results directly to Nema in real time.
The system would automatically issue certificates and collect emissions testing fees electronically, reducing opportunities for manipulation.
Testing centres would be required to connect calibrated testing equipment directly to the digital platform.
Only centres registered in Kenya, employing qualified personnel, using approved equipment, complying with Nema standards and carrying third-party insurance would qualify for accreditation.
The Bill proposes that accredited testing centres retain 60 per cent of the testing fees while remitting the remaining 40 per cent to Nema. Failure to remit the authority’s share would attract fines of up to Sh1 million.
The proposed law introduces stiff penalties for non-compliance.
Motorists found operating vehicles without valid annual emissions certificates would face fines of up to Sh500,000, imprisonment for up to one year, or both for a first offence.
Repeat offenders risk fines of up to Sh1 million, jail terms of up to two years, or both.
Courts would also be empowered to direct NTSA to suspend vehicle licences or impound vehicles until they comply with emissions standards.
Industries that fail to comply could have their emission licences revoked or be shut down until they meet the required standards.
The courts may also compel offenders to restore environmental damage caused by excessive emissions at their own cost.
Nema would also gain powers to issue improvement notices and cessation orders against violators.
Failure to comply with an improvement notice would attract a fine of up to Sh500,000 or one year’s imprisonment, while ignoring a cessation order would carry penalties of up to Sh1 million, two years in jail, or both.
Beyond enforcement, the Bill proposes wider reforms to air quality management.
Nema would be tasked with setting national air quality standards, accrediting emissions testing centres, monitoring compliance, declaring pollution-control areas and preparing national air quality management plans.
County governments would also be required to establish local air quality monitoring stations and work jointly with Nema in enforcing emissions standards.
Industrial operators would be required to submit annual pollution prevention plans outlining measures they intend to implement to reduce emissions.
The Bill further seeks to integrate emissions certificates into vehicle licensing, registration and insurance systems through amendments to the NTSA Act.
If adopted, motorists could be unable to renew vehicle licences or complete insurance processes without proof their vehicles have passed annual emissions tests.
The proposal is likely to reignite debate over the increasing compliance burden facing motorists.
The planned emissions tests come against the backdrop of widespread opposition to NTSA’s private vehicle inspection regulations, which critics argued would increase the cost of motoring through additional inspection fees and administrative requirements.
Consumer groups and motorists have also questioned whether the government has adequate infrastructure to conduct annual testing for millions of vehicles without causing delays and creating opportunities for corruption.
Supporters of the Bill, however, argue that ageing vehicles and industrial emissions have become major contributors to deteriorating air quality, especially in urban centres, making tougher regulation necessary to protect public health.
INSTANT ANALYSIS
The proposed Bill signals a major shift in environmental regulation by making annual emissions testing mandatory for motorists and industries. While the reforms could improve air quality and help Kenya meet its climate commitments, they also risk fuelling public backlash by adding another compliance requirement after the controversial NTSA vehicle inspection rules. Linking emissions certificates to vehicle licensing, insurance and business permits gives the law significant enforcement power, but motorists and businesses are likely to raise concerns over increased costs, implementation capacity and potential corruption.
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