New Bill recommends compulsory annual emissions tests for all vehicles

Motorists are likely to face another mandatory compliance requirement after a new Bill that is before the Senate proposed annual emissions testing for all vehicles.

The proposed Environmental Management and Co-ordination (Amendment) Bill, 2026 currently before the Senate, seeks to make annual emissions testing compulsory for all motor vehicles and high-polluting industries.

The Bill sponsored by Mandera Senator Ali Roba if passed by the Senate will put more pressure on car owners even as controversy rages over the government's planned inspection of private vehicles which has caused an uproar in the recent past.

“The Principal objective of this Bill is to strengthen air quality management by providing for motor vehicle and stationary source emissions testing,” states the Bill.

The controversial Bill if approved by the Senate will have every vehicle owner required to obtain an emissions testing certificate for their vehicle to be considered compliant with the law annually.

The proposal before Senate comes just a few 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 had argued that the new inspections would increase the cost of owning a vehicle.

“If the Bill becomes law it will require motorists to subject their vehicles to annual emissions testing at centres accredited by the National Environment Management Authority (NEMA), notwithstanding of the fate of the NTSA inspection rules,” states the Bill.

The Bill seeks to strengthen air quality management by giving NEMA sweeping powers to regulate vehicle and industrial emissions, accredit testing centres and establishing a nationwide air quality monitoring system.

The Bill if passed will regulate motor vehicle and stationary source emission with an aim to help significantly reduce the country’s carbon footprint, contributing to global efforts to mitigate climate change.

“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,” states Bill.

The Bill recommends that County governments should only issue or renew business permits for industries that possess valid emissions certificates and to enhance transparency it proposes a digital platform through which testing centres will transmit results directly to NEMA.

The Bill states that the system would automatically issue certificates and collect emissions testing fees electronically, reducing opportunities for manipulation while the 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,” states the Bill.

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 with 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,” states the Bill.

The Bill recommends that Industries that fail to comply with the law should have their emission licences revoked or be shut down until they meet the required standards while courts may also compel offenders to restore environmental damage caused by excessive emissions.

NEMA would also gain powers to issue improvement notices and cessation orders against violators with failure to comply with an improvement notice attracting 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.

“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,” states the Bill.

County governments would also be required to establish local air quality monitoring stations and work jointly with NEMA in enforcing emissions standards while 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 with the proposal is likely to reignite debate over the increasing compliance burden facing motorists.

The planned emissions tests come against the background 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 regulations necessary to protect public health.