world bank documentdocuments.worldbank.org/curated/en/511121468088156718/pdf/e45… ·...

NATIONAL ENVIRONMENTAL MANAGEMENT AUTHORITY (NEMA)

TERMS OF REFERENCE (TOR) FOR STRATEGIC ENVIRONMENTAL & SOCIAL

ASSESSMENT (SESA) FOR THE OIL & GAS SECTOR

THROUGH THE KENYA PETROLEUM TECHNICAL ASSISTANCE PROJECT (KEPTAP)

FUNDED BY THE WORLD BANK

JULY 2014

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NEMA - TOR - SESA - KEPTAP, JULY 23, 2014 1

1. INTRODUCTION AND BACKGROUND

Until recently, Kenya had no known commercial reserves of petroleum, despite 50 years of

exploration. Recent oil and natural gas discoveries have increased the national and private sector

interest for onshore and offshore exploration of hydrocarbons in Kenya.

These recent oil and gas discoveries may have a substantial transformational impact on the

Kenyan economy, and have triggered new developments which require a re-design of the

institutional set up to effectively govern the petroleum sector with clearly defined roles and

responsibilities. Further, the development of petroleum sector reforms is necessary to help

manage challenges in the management of the Petroleum Sector upon discovery of commercially

viable oil and gas deposits.

The discovery of oil and gas resources in Kenya presents great socio-economic opportunities and

challenges for the country at large, as well as various challenges for environment protection in

areas of high ecological and biodiversity significance.

The National Environment Management Authority (NEMA) is among the Kenyan government key

institutions that will benefit from the Kenya Petroleum Technical Assistance Project (KEPTAP), to

be financed by a credit from the World Bank. Part of the credit is intended to support NEMA to

undertake a Strategic Environmental and Social Assessment (SESA) for the oil and natural gas

sector.

The SESA will be conducted to present strategic recommendations for policies, plans, and

programs that will guide environmental and socio-economic planning and decision making in the

country. The SESA presents a unique opportunity for the country to systematically address

environmental and socio-economic management issues pertaining to oil and gas activities in the

context of sustainable development.

1.1. Kenya Petroleum Sector Strategic Plan and SESA

As the SESA is to support the development of the Kenyan national strategic petroleum

(conventional and unconventional, onshore and offshore) master plan, it has to be well

incorporated into the planning process. An integrated approach is needed, meaning that frequent

communication will be required between the plan developers and the team that works on the

SESA. The integration of the following planning procedures is generally considered as good

practice SESA for the Petroleum Sector.


Strategic Plan SESA Process

Scoping (SESA Consultant, NEMA as GoK delegate, the World Bank)

Identify the stakeholders in the planning process and

announce the start of the SESA process

Develop with all stakeholders a common vision on

environmental, social, occupational safety and health

risks, impacts, objectives, and alternatives

Check consistency of the new objectives with those in

existing policies through inter-agency cooperation

Use the results of the above steps to define the scope of

the SESA

Assessment (SESA Consultant, NEMA as GoK delegate, the World Bank)

Carry out the assessment, document its results and make

these available

Ensure quality assurance of both SESA information and

process

Decision-making (GoK, NEMA, MEP, other GoK Institutions)

Discuss with stakeholders what the results of the SESA

mean for decision making

Justify in writing the choices that have been made in the

finally adopted policy or plan(s)

Follow-up/monitoring (GoK, NEMA, MEP, other GoK Institutions, the World Bank)

Monitor the implementation of the adopted

policies/plans, and discuss outcomes with stakeholders

and define actions to deal with unforeseen effects.

2. TERMS OF REFERENCE (TOR)

NEMA has prepared the following Terms of Reference (TOR) for SESA that have been agreed by

both NEMA and The World Bank. In order to further carry on the SESA process, NEMA intends to

conduct public stakeholder meetings to discuss the TOR with the main objective of getting more

views and comments on the TOR for the SESA which is a very important working tool in

developing a sustainable oil and natural gas industry in Kenya.

A consulting team (SESA consultant) will be hired based on procurement legislation to prepare

the SESA. As part of the project, public stakeholder meetings are to take part throughout the

SESA and will involve the local communities, civil society, national and county government

agencies, oil and gas private sector, academic institutions, development partners, and non-

governmental organizations.


The consultant will conduct the SESA in general accordance with the latest edition of the National

Guidelines for Strategic Environmental Assessment in Kenya, National Environment Management

Authority (NEMA).

In addition to the above Kenyan SESA guidelines, the consultant will conduct the preparation of

the SESA in five phases: scoping; identification of impacts and issues; description of the

regulatory and institutional framework and assessment of capacity; formulation of

recommendations; and final consultations, review and approval.

The consultant will prepare interim outputs at the end of each phase, to be compiled into a draft

report for final consultations, a final draft for review, and a final report. In addition, the

consultant will be available on request to advise on the environmental, social, health and safety

implications of policy and regulatory options that will be developed. NEMA will supervise the

consultant’s work, assisted by technical advisors under KEPTAP.

Throughout the project, the consultant will maximize opportunities for transferring knowledge of

international best practices to increase the capacity of NEMA to undertake SESA, and the team of

local consultants.

The SESA phases and their component tasks are described below.

2.1. Scoping

The objective of Scoping is to frame the content and methodology of the SESA, with substantial

stakeholder inputs, based on the consultant’s preliminary reviews of:

Environmental and social impact management experience in the sector;

Trends and plans for oil and gas development;

The legal (national and county legislation), regulatory and institutional framework with

which the sector operates;

An overview of the environmental and social characteristics of the areas most likely to be

affected by sector activities; and

Identification of possible claims/assertion of rights to oil and gas revenues by local

communities, including vulnerable and marginalized groups.

The individual tasks are described below.

2.1.1. Review the most relevant ESIAs, Environmental Management Plans (EMPs), and


Environmental Statements of different projects in both the Marine (offshore) and

Terrestrial (onshore) environments, during the last 8 years. NEMA will provide the

reports and statements to the consultant.

2.1.2. Assemble preliminary information relevant to the scope of the SESA, including but not

limited to: plans and trends in oil and gas development (conventional and

unconventional, onshore and offshore) that are likely to have environmental or social

impacts (information to be provided by the Ministry of Energy and Petroleum - MEP);

and the policy, legal, regulatory and institutional framework for the sector

2.1.3. The Consultant will identify and map the key stakeholders in the oil and gas sector that

should be consulted, and analyze their interests, concerns and incentives. The intent of

the stakeholder analysis is to identify the main interest groups in the sector, including

local communities and vulnerable and marginalized groups, and to formulate a work plan

for consultations that will ensure that their interests, concerns and advice are taken into

account in the SESA.

2.1.4. Prepare a draft report covering the proposed scope of the SESA, the table of contents for

the SESA report (including annexes), the schedule and methodology for conducting the

work, and plans for stakeholder consultation.

2.1.5. Conduct scoping workshops. SESA is a participatory process that will involve relevant

stakeholders, both to develop understanding and ownership of the process and to obtain

valuable inputs. Accordingly, there will be six workshops and site visits to both onshore

and offshore oil and natural gas areas nationwide. Locations in Kenya will be determined

in agreement with NEMA, but preliminary information indicates those locations may

include the northwest, west-central, southwest, northeast, east central, and southeast

areas of the country. The Workshops will engage consultations with stakeholders;

including sectors of fisheries, agriculture, transport, protected areas, industry groups,

interested NGOs, representatives of regional and county governments, local

representatives of the communities, and nomadic groups.

2.1.6. Prepare the final Scoping Report, incorporating workshop results, for review by NEMA

and other relevant agencies and the World Bank. The Scoping Report will serve as the

consultant’s inception report and should therefore include:

The institutional arrangements and timing agreed with NEMA, MEP, other key

counterparts, and the World Bank to carry out the SESA

The SESA work plan describing the main activities for data collection and analysis,

including consultation/validation with stakeholders, and

The expected products / deliverables, and reports schedule to be submitted to

NEMA.

The Scoping Phase would require eight (8) weeks.


2.2. Identification of Environmental and Social Impacts and Issues, Safety and Occupational

Health Risks and Issues, and Possible Mitigation measures

2.2.1. The consultant will identify, evaluate and compile a list of the environmental and social

impacts / risks / issues, including climate change, associated with policy, programs and

plans for future investments in Petroleum sector, and safety and occupational health

risks and issues relevant to the sector, and potentially affected parts of Kenya. This

requires that the Consultant develop criteria to prioritize environmental, social, safety

and health issues in the context of Kenya for the sector. To the extent possible, such

criteria must allow for quantification to objectively compare and categorize competing

issues.

2.2.2. Environmental, social, health and safety priorities will be identified based on secondary

data, case studies, environmental impact assessments, reported incidents and accidents,

and oil and gas exploration industry performance in Kenya, expert judgment, and priority

environmental, social, occupational health and safety concerns of stakeholders.

2.2.3. Cumulative / synergistic / secondary impacts will be considered as well as impacts of

individual developments in the sector.

2.2.4. Potential mitigation measures and monitoring requirements will be identified for each

potential impact.

The consultants will combine the outputs of this phase with that of section 2.3 described below

and produce an interim report. This phase is expected to require ten (10) weeks.

2.3. Description of the Regulatory and Institutional Framework and Assessment of Capacity

2.3.1. At this phase, the consultant will compile and describe the environmental, social, safety

and occupational health legal, regulatory and institutional framework, and it will assess

existing capacity of the relevant regulatory institutions.

2.3.2. The consultant will prepare a compilation of relevant policies, laws, regulations, and

guidelines, including national and county legislation.

2.3.3. The Consultant will identify the institutions active in planning and carrying out

development in the sector and those that are responsible for oil and gas sector

governance.

2.3.4. The consultant will assess the adequacy of the framework, based on international

petroleum sector experience, Kenyan experience in other sectors, and the capacity of

public agencies at national and county levels, the oil and gas industry, and non-

governmental organizations at national and community levels to address the potential


impacts of oil and natural gas development.

The consultant will conduct the assessment at two levels:

At the national level, it will focus on relevant oil and gas / petroleum,

environmental, social, safety and occupational health related sector institutions

within the government.

For public agencies at regional or local (county) levels, the oil and gas industry

and NGOs, the assessment will be mainly based on existing environmental impact

assessments and case studies, and complemented by in-depth interviews with

key individual stakeholders, and there will be focus group discussions with

vulnerable stakeholders.

The results of this phase, which is expected to require six (6) weeks partially overlapping phase

2.2, will be combined with those of phase 2.2 (above) into an interim report.

2.3.5. Keeping the focus of the assessment on the effects of sector policy and regulatory

development and on environmental, social, occupational health and safety issues, the

following institutional and governance issues will be covered by the consultant:

2.3.5.1. Gap analysis of mandates, capacity, incentives and transparency in permitting,

monitoring and enforcing environmental regulations in the oil and gas sector.

2.3.5.2. Expenditure review of sector and environmental institutions for environmental and social

regulation and enforcement in the sector.

2.3.5.3. Gap analysis of mandates, capacity, incentives and transparency in permitting,

monitoring and enforcing occupational health and safety regulations in the oil and gas

sector.

2.3.5.4. Expenditure review of sector and occupational health and safety institutions for

occupational health and safety regulation and enforcement in the sector.

2.3.5.5. Capacity and transparency of institutions at the central and local level to resolve

controversies between landowners and water users in both coastal / offshore and

onshore locations.

2.3.5.6. Capacity and transparency of institutions at the central and local level to resolve

controversies between landowners and/or land users (people who may own the houses,

or use the land, but do not own the land and do not have land title deeds), and oil and

gas activities in both coastal / offshore and onshore locations. This assessment should

also take into account possible controversies involving people with collective attachment

to the land.

2.3.5.7. Coordination between oil and gas, environment and natural resource management,

occupational health and safety, and emergency response institutions.


2.3.5.8. Accountability and independence of decision makers and authorities with competence

for granting environmental permits, and occupational health and safety permits, to oil

and gas activities.

2.3.5.9. Organizational and institutional capacity of stakeholders’ affected by (including local

communities) and vulnerable peoples to activities in the oil and gas sector.

2.3.6. The consultant will conduct a round of consultations on the interim report through

national workshops. The workshops must serve to capture the perceptions and inputs of

relevant stakeholders on environmental, social, health and safety priorities related to oil

and natural gas development, and on the corresponding proposed government

interventions or policies needed to address them. The Consultant must ensure that the

perceptions of vulnerable stakeholders are taken into account and incorporated into the

analysis.

Upon completion of the workshops, the consultant will revise the first interim report and

submit it for review by NEMA and the World Bank.

2.4. Formulation of Recommendations

2.4.1. The consultant will identify the necessary changes in or additions to policy, legislation,

regulations and guidelines, and the SESA will deliver a policy, legislative, and regulatory

matrix comprising recommendations and an action plan for their implementation and

monitoring.

2.4.2. The consultant will draft a plan for capacity building, including changes in or additions to

the existing institutional structure and institutional development, also formulated as a

matrix of recommendations and an action plan. The plan will also include

recommendations and actions on strengthening conflict resolution (especially between

vulnerable and marginalized groups/local communities and oil and gas developers).

2.4.3. The SESA will include, as a planning tool, an Environmental and Social Management Framework.

The consultant will draft a set of technical recommendations. These will consist of, but

not be limited to, a freestanding set of petroleum sector specific guidelines for

development planning, ESIA and impact management in the sector, including guidance

in:

Identifying associated facilities and projects during the different phases of typical

oil and gas developments (e.g. seismic, exploratory drilling, appraisal,

development and construction, production, transportation, commercialization,

decommissioning)

Identifying and managing cumulative / synergistic / secondary impacts and effects

Conducting alternative analysis (e.g. location, technology, management,


optimization)

Screening projects for the potential for involuntary resettlement (see also section 2.7.7),

Screening for impacts on vulnerable and marginalized groups and other local communities,

Developing actionable environmental and social management plans that can be

operationalize (including quantitative indicators to measure objectively),

Any recommended additions to Kenyan environmental and social standards to fill

gaps in the oil and gas governing the sector,

Any recommended changes or updates to existing Kenyan environmental and

social standards governing the sector

Identifying the possible need for additional safeguards instruments to be

prepared, if necessary

The consultant should apply best international practices, experience and judgment in

identifying other appropriate technical outputs. The petroleum sector guidelines will be a

freestanding document.

The consultant will compile the other outputs of this phase into a second interim report

for review by NEMA and other institutions, MEP and the World Bank. Phase 2.4 is

expected to require six (6) weeks.

2.5. Final Consultations, Review and Approval

2.5.1. The consultant will combine the interim reports and key elements of the scoping report

into a draft report for dissemination to stakeholders by NEMA. Task 2.5.1 is expected to

require eight (8) weeks, allowing time for review of the draft report by stakeholders prior

to the workshops.

2.5.2. The consultant will present the draft report at seven workshops – one national (Nairobi)

and six regional at locations to be agreed with NEMA. Preliminary information indicates

the regional workshops would be conducted in northwest, west-central, southwest,

northeast, east central, and southeast areas of Kenya. The main objective of the

workshops is to obtain stakeholder comments on the SESA. NEMA will organize the

workshops.

2.5.3. Following the workshops, the consultant will revise the draft report based on stakeholder

inputs, document the consultations and their results in the report, and submit a draft

final report to NEMA, with a copy to the World Bank, for review and approval. Tasks 2.5.2

to 2.5.3 are expected to require six (6) weeks, allowing time for conducting the seven

workshops and addressing stakeholders’ inputs.


2.5.4. The consultant will prepare the final report, incorporating revisions suggested by NEMA

and, via NEMA, by the World Bank. Task 2.5.4 is expected to require for (4) weeks,

allowing time for review of the draft final report by NEMA and the World Bank.

2.5.5. The Consultant may be required to participate in key follow-up discussions necessary to

further disseminate and explain the findings and recommendations of the SESA,

particularly to the Government of Kenya, its institutions, and the World Bank.

2.6. Additional Advisory Services and Knowledge Transfer

2.6.1. The consultant should include as a separate item in its proposal provision of eight

person-weeks of specialized assistance to MEWNR, NEMA, MEP, DOSH, and the KEPTA

Technical Advisors in assessing the potential environmental and social impacts,

occupational safety and health risks and issues of policy, legislative, or regulatory

changes that may be under consideration in KEPTAP.

2.6.2. The consultant should include as a separate item in its proposal arrangements for

transfer of knowledge on the petroleum sector strategic environmental and social

assessments to NEMA staff. These can include on the job training, presentations of

international experience, and participatory workshops in Kenya.

2.7. Specific Issues to be addressed by the SESA

In addition to the information and requirements presented in sections 2.1 to 2.6 above, the

consultant will consider, assess, and incorporate during execution of the SESA the following key

issues. The SESA draft and final reports will specifically address and include the following:

2.7.1. Legal, Regulatory and Institutional Reforms

Kenya has a substantial system in place with regards to environmental, health and safety

regulations, but those are not petroleum sector specific. A high priority on the Government’s

agenda is the implementation of a comprehensive, clear and workable environmental, social,

health and safety regulatory framework for the development of Kenya’s petroleum. Moreover,

Kenya is going through a major process of institutional reforms. As part of that, national and

regional legislation (in each of the 47 counties) is being enacted. (e.g. Public Participation Law).

The SESA will provide the necessary input for the development of the required policy reforms,

legal and regulatory framework, impact and strategic sector assessments, and guidelines and

procedures for the implementation of recommended reforms for the key institutions involved in

the oil and gas sector (e.g. Ministry of the Environment, NEMA, DOSHS and NOCK). This input will


take into account the analysis of the legal and regulatory work undertaken to date in the oil and

gas sector as well as institutional and policy recommendations prepared for the government in

the context of that work. Further, the SESA will assess and make recommendations for the

necessary inter-agency coordination for effective policy development and implementation.

The SESA will consider the necessary issues for Policy initiatives that must be implemented to

address industry specific air (gas flaring, Green House Gases - GHG), water and effluents, wastes

(hazardous and non-hazardous), and land use impacts associated with oil and gas (conventional

and unconventional) exploration and production nationally and regionally within the country.

These policies could range from the implementation of mandatory emissions limits on oil and gas

operations, to other voluntary programs and actions. These activities need to encompass good

international industry practices (e.g. IPIECA, WB/IFC EHS guidelines, IFC Performance Standards)

to reduce environmental releases and enhance social well-being.

The SESA will incorporate the necessary information and produce the necessary deliverables to

support the development of petroleum sector specific occupational safety and health regulations

to provide effective and efficient oversight of the sector in line with international best practice

(e.g. OGP, WB/IFC EHS guidelines, IFC Performance Standards).

The SESA will integrate and present the necessary support information to build or enhance the

short and long-term capacity of key environmental, social, occupational health and safety

institutions in petroleum sector activities and EIA/SEIA best practices. The SESA will consider, and

its outcome will support the expansion of coordinating and supervising agencies such as the

Ministry of the Environment, Water and Natural Resources (MEWNR), the National

Environmental Management Authority (NEMA), and the Directorate of Occupational Safety and

Health (DOSH) in the Ministry of Labor. The SESA will complete institutional reviews in which a

functional diagnosis is made of the institutions, with a focus on mandates, objectives and

responsibilities, organizational management structures, processes and procedures, as well as

human, technical and financial capabilities, while considering the growth of the petroleum sector.

These reviews will further inform the human and institutional capacity building for the years to

come. The SESA outcome will include the necessary policies / plans / programs (PPP) for capacity

building and training of the personnel, and equipment necessary for the agencies to operate

effectively.

In summary, the SESA deliverables must result in the necessary input for policies (national and

counties), regulations and organizations, to well position the institutions (e.g. MEWNR, NEMA,

DOSHS) to provide greater capacity for policy development, regulatory certainty and consistency

in oil and gas oversight through enhanced policies/plans/programs, assessment /statements,


data collection and analysis, improved information sharing and partnerships, and focused

compliance assistance and enforcement.

2.7.2. Stakeholder Involvement, Engagement and Consultation

The SESA will identify initial barriers to public involvement in Kenya, will consider measures to

eliminate those barriers, will deliver a plan and implement it, for effective stakeholder

engagement, including:

Access to information by a wide majority of the public

Adequateness of awareness of roles by the public

Adequateness of consultation where there is involvement, and

Adequacy of language use in reports and presentations to communities and the general

public

The SESA will reach out to diverse national and local stakeholders interested in or potentially

affected by oil and gas development. The outreach should seek to improve understanding of

stakeholders’ issues, identify key drivers and barriers, increase performance, and address the

environmental and social implications of oil and gas development.

The SESA will require adequate planning, methodology and resources, including the following

initiatives for proper stakeholder involvement:

Actively involving local experts and opinion leaders in SESA process

Use of appropriate/ comprehensible / non-technical language

Create awareness and encourage participation by the public

Conduct the engagement at the location of interested / affected parties (communities),

and if/when necessary facilitate transportation to a stakeholders meeting

Any participatory incentives need to be given in good faith not merely as a way to have sizable

public audience to rubber-stamp the SESA.

The consultant will describe the methodology that will be used to identify and map the stakeholders. If the consultant has any protocols that have been effective in similar projects please describe them.

2.7.3. Environmental and Social Safeguards in Oil and Gas GoK Contracts

The SESA will identify the existing environmental, social, occupational health and safety

requirements that are included in the Oil and Gas contracts between the GoK and the Oil and Gas


Companies. The SESA will consider the environmental, social, occupational health and safety

safeguards that need to be incorporated in the Oil and Gas Contracts.

The SESA will provide the information necessary and specific recommendations of the

environmental, social, occupational health and safety minimum requirements that the GoK

should include in the Oil and Gas contracts.

2.7.4. Quality and Standard of Environmental Impact Assessment (EIA) and Impact Statement

The SESA will assess the general quality of Environmental Impact Assessment (EIA) and Impact

Statement in Kenya by reviewing EIA reports and statements for oil and gas offshore and onshore

projects.

The SESA outcome will provide input regarding the deficiencies in the EIAs and statements, and

will provide recommendations to improve the EIAs and statements (EIAs and Statements to be

provided by NEMA).

2.7.5. EIA follow-up

The SESA will assess the follow-up and enforcement of EIAs for oil and gas. It will provide the

necessary input and recommendations for adequate compliance monitoring and enforcement,

including the information that need be included in the reports submitted by companies /

operators to NEMA.

The SESA will assess the existing mechanisms that NEMA uses for funding the monitoring, follow

up and regulatory enforcement of oil and gas projects. The SESA will provide the necessary input

and recommendations to assure funding at the institutional level (e.g. NEMA, DOSH) for

independent and effective monitoring and auditing of petroleum activities by the regulatory

agencies.

2.7.6. Biodiversity and Sustainable Management Living Natural Resources

The SESA will consider biodiversity and the policies, plans and programs necessary to sustainably

manage and mitigate impacts on biodiversity and ecosystem services throughout the petroleum

development lifecycle. Ecosystem services valued by humans are often underpinned by

biodiversity. Impacts on biodiversity can therefore often adversely affect the delivery of

ecosystem services.


The main objectives of the PPP related to biodiversity are:

To protect and conserve biodiversity.

To maintain the benefits from ecosystem services.

To promote the sustainable management of living natural resources through the adoption

of practices that integrates conservation needs and development priorities.

The SESA will assess biodiversity, and it will recognize that protecting and conserving biodiversity,

maintaining ecosystem services, and sustainably managing living natural resources are

fundamental to sustainable development. The requirements for biodiversity will be guided by the

Convention on Biological Diversity, which defines biodiversity as “the variability among living

organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems

and the ecological complexes of which they are a part; this includes diversity within species,

between species, and of ecosystems.”

Ecosystem services are the benefits that people, including businesses, derive from ecosystems.

Ecosystem services are organized into four types: (i) provisioning services, which are the products

people obtain from ecosystems; (ii) regulating services, which are the benefits people obtain

from the regulation of ecosystem processes; (iii) cultural services, which are the nonmaterial

benefits people obtain from ecosystems; and (iv) supporting services, which are the natural

processes that maintain the other services.

2.7.7. Water Resources

Surface and underground water and energy are inextricably linked and mutually dependent, with

each affecting the other’s availability. Water is needed for energy development and generation,

and energy is required to supply, use, and treat drinking water and wastewater.

There is an increase in water use associated with energy development, and a considerable

amount of water is used, for example, to extract oil and natural gas from geologic formations,

and extract oil shale in the event commercial production of this energy source becomes

economically feasible in the future.

In addition, development of oil and gas resources can produce large volumes of wastewater—

“produced water”—that must be disposed of or treated to allow for its reuse. The SESA will

identify and address the link between energy and water as essential to ensuring a sustainable

supply of each.

The SESA will consider, identify and describe water resource (surface and underground) PPP


considerations. The main objectives of the PPPs will be to protect water resources from the

adverse impacts of oil and gas activities and to promote the equitable sharing of benefits and

proper use of both surface ad underground water resources.

2.7.8. Seasonal nomadic communities, large-sized migratory species and cross-regional

impacts

Seasonal nomadic communities, large-sized migratory species, and cross-regional impacts, with

the potential to occur across much of Kenya where future oil and gas development activities may

occur, will be addressed in the SESA.

The SESA outcome should provide not only the basis for policy development, but also and very

important, it should be a key input for updating the Kenyan Petroleum Development Master

planning to identify strategic options to optimize the social and environmental benefits and

minimize the impacts of oil and gas development.

2.7.9. Resettlement Policy Framework

The development of oil and gas projects in Kenya is likely to have social impacts on land access,

restriction of access to assets and natural resources, displacement and/or loss of livelihood

among others (potential to trigger the World Bank’s safeguards policy on Involuntary

Resettlement, O.P 4.12).

The consultant will review current resettlement practices in other sectors in Kenya, their

applicability to the petroleum sector, and their alignment with international best practice (e.g.

IFC PS). Learning from these experiences and international best practices, the consultant will

provide recommendations for petroleum sector-specific policies and recommendations on

involuntary resettlement.

The SESA will provide a comprehensive diagnosis of typical and common petroleum sector land

acquisition leading to resettlement and/or restrictions of access to resources and livelihoods. The

SESA will provide an appropriate basis for development of policies to mitigate potential social

risks consistent with international good practice.

2.7.10. Oil Spill Preparedness, Emergency Response and Crisis Management

The SESA will assess the capacity for Oil Spill Preparedness, Emergency Response and Crisis

Management, and key information for development of a National Oil Spill Contingency Plan and


actions to strengthen the GoK’s capacities in these areas.

The SESA will identify the existing government agencies in Kenya with responsibility (defined

mandates, roles and responsibilities), and existing built in capacity (or lack of) for contingency

planning and responding to petroleum sector events.

The SESA will make recommendations regarding policy/plans/programs and institutional for

developing a comprehensive Oil Spill (and other petroleum industry major events) Preparedness,

Emergency Response and Crisis Management.

2.7.11. Climate Change Related Risks and Impacts

The SESA will consider climate risks and impacts that can provide key information regarding

vulnerabilities and risks faced by the specific sector planned activities. The use of screening tools

will enhance the capacity to understand and integrate climate change factors into project

planning, especially at the initial stages of project preparation.

The SESA will generate recommendations with respect to a variety of adaptation measures. At

this point, it will be important to narrow down the selection to those measures that are more

suitable to the local conditions and expected to generate the best development outcomes.

2.7.12. Gender Considerations

The SESA will identify and analyze any potential gender-specific impacts and opportunities of the

oil and gas sector – including how men and women may differently experience risks and benefits

of the sector.

The SESA will propose implementable, culturally appropriate actions to minimize gender-specific

impacts while optimizing opportunities in the petroleum sector.

2.7.13. Communities and Vulnerable Inhabitants

The SESA will recognize that oil and gas development often bring benefits to communities,

including employment, services, and opportunities for economic development. However, oil and

gas development can also increase the potential for community exposure (including vulnerable

groups within the community) to risks and impacts arising from the projects activities. The SESA

will consider the Policies, Plans and Programs to avoid or minimize the risks and impacts to

community health, safety, and security that may arise from project activities. Further, the level of


risks and impacts may be greater in projects located in conflict and post-conflict areas.

The main objectives of the PPPs will be:

• To avoid or minimize risks to and impacts on the health and safety of the Affected

Communities during the life cycle of oil and gas development, from both routine and non-

routine circumstances

• To ensure that the safeguarding of personnel and property is carried out consistently with

relevant human rights principles and in a manner that avoids or minimizes risks to the

Affected Communities

The SESA will address the status of vulnerable inhabitants as appropriate, including religious and

ethnic minorities, indigenous and tribal peoples, pastoralist communities and, in some societies,

women (refer to the gender considerations section above).

The SESA will conduct a mapping of vulnerable inhabitants in the oil and gas areas, to determine

potential cultural risks and impacts – on shared customs, obligations, values, language, religious

belief and other elements that make a social or ethnic group distinct; and that may affect

vulnerable ethnic minorities. The mapping will indicate the presence and collective attachment to

the land of distinctive or potentially vulnerable groups, and linkages among geo-political units

(national, regional, county, local and inter-local).

As part of the social assessment of vulnerable inhabitants in the oil and gas areas, the SESA will

include baseline information regarding education, literacy and poverty levels of the population

among the criteria to be assessed. This data will be fundamental for designing vocational skills

training programs linked to the oil industry (refer to local content section below); for the design

of the information communications campaign; and for carrying out the workshops throughout

the development of the SESA, among other issues.

Finally, the SESA will identify measures for avoidance or mitigation of adverse impacts, as well as

for culturally appropriate benefit-sharing.

2.4.1. Cultural Heritage

The SESA will recognize the importance of cultural heritage for current and future generations.

Consistent with the Convention Concerning the Protection of the World Cultural and Natural

Heritage, the SESA will consider the policies, programs and plans (PPP) necessary for the

protection of cultural heritage in the course of the petroleum development activities. In addition,

the requirements of use of cultural heritage will be based in part on standards set by the


Convention on Biological Diversity.

The main objectives of the PPPs will be:

• To protect cultural heritage from the adverse impacts of oil and gas activities and support

its preservation.

• To promote the equitable sharing of benefits from the use of cultural heritage

Cultural heritage refers to (i) tangible forms of cultural heritage, such as tangible moveable or

immovable objects, property, sites, structures, or groups of structures, having archaeological

(prehistoric), paleontological, historical, cultural, artistic, and religious values; (ii) unique natural

features or tangible objects that embody cultural values, such as sacred groves, rocks, lakes, and

waterfall; and (iii) certain instances of intangible forms of culture that are proposed to be used

for commercial purposes, such as cultural knowledge, innovations, and practices of communities

embodying traditional lifestyles.

Cultural heritage PPP considerations will apply regardless of whether or not it has been legally

protected or previously disturbed.

2.7.14. Local Content

Local content is referred to the creation of jobs, promotion of enterprise development and the

transfer of skills and technologies. Industry business participation by local entrepreneurs and

enterprises, and the employment of local population by the industry, are key matters in ensuring

a social license to operate.

The SESA will identify local content opportunities in terms of goods and services to supply for the

Kenyan O&G industry. Further, it will identify the workforce (quantities) and labor (skills)

requirements in the Kenyan oil and gas sector, including technical, project management and

vocational. The SESA will deliver recommendations on how to address local content.

2.7.15. Trans-boundary Considerations

The SESA will consider and identify environmental and social trans-boundary key issues for oil

and gas development in Kenya, and address the trans-boundary impact of plans, programs and

policies.

The SESA will review and describe the key challenges regarding environmental and social trans-

boundary issues for oil and gas development. These may relate, for example, to compatibility of


national systems for environmental assessment and public participation, trans-boundary

movement of hazardous wastes, use of aquifers, etc., and discuss the practical problems of

implementing trans-boundary agreements and to propose possible approaches.

3. CONSULTANT TEAM AND CONSULTANTS’ QUALIFICATIONS

The consultant team to conduct the SESA will be an integrated team of local and international

consultants and experts, conformed by the following organization and with the following

minimum qualifications and experience, including:

3.1. A local environmental and social consulting firm (local firm)

The local firm will have the lead responsibility for data collection and the analytical work. It will

have demonstrable extensive experience conducting environmental and social impact

assessments in Kenya, and proven petroleum sector experience. The local firm will also have

extensive proven experience in developing and implementing public and community engagement

plans in Kenya, including public and community (civil society) participation and consultation. The

local firm must be registered as a consultant with NEMA.

The local firm must include the following professionals / specialists, with the minimum

qualifications of the team members as follows:

Environmental professional - specialist (national) with at least ten years of experience

with ESIA in Kenya, including work on at least two EIAs for oil and gas projects. Must be

very knowledgeable and familiar with the environmental policies and regulations existing

in Kenya.

Social development professional - specialist (national) with at least ten years of

experience with ESIA in Kenya, including work on at least two EIAs for oil and gas projects.

Must be very knowledgeable and familiar with the social related policies and regulations

existing in Kenya (land acquisition, resettlement, compensation, gender considerations,

inclusion of vulnerable groups, etc.), and proven expertise in community development.

Safety and occupational health professional - specialist (national), with at least ten years

of experience working in safety and occupational health in Kenya. Must be very

knowledgeable and familiar with the safety and occupational health policies and

regulations existing in Kenya.

Civil society / community engagement professional - specialist (national) with at least five

years experience in public participation in Kenya, including community and grass-root

engagement and consultation. Must be knowledgeable and have expertise with the


similarities and differences for effective community consultation and participation across

the different regions in Kenya. Must be familiar with existing policies and regulations

regarding stakeholder communication / consultation / engagement, and preferably with

experience in communication policymaking.

Economist professional – specialist (national) with at least five years’ experience in

economic alternative analysis, environmental and social costs, externalities, and

mitigation costs.

3.2. A team of international consultants (international team)

The international team will have proven experience on conducting strategic impact assessments

for the Oil and Natural Gas industry sector; and proven experience assessing and addressing

environmental, social, safety and health policy and regulatory issues in oil and gas development.

The international team will provide overall coordination and advisory services to the local

consultants.

The minimum qualifications of key international team members are as follows:

An environmental professional (environmental engineer, environmental scientist),

specialist (international) with at least ten years of professional experience working in the

international onshore and offshore oil and natural gas sector; very knowledgeable and

familiar with the international oil and natural gas best industry practices including IPIECA;

the World Bank General, Oil and Gas Sector and Infrastructure EHS Guidelines; the IFC

2012 Performance Standards, and ISO 14001

A social assessment professional (sociologist, anthropologist, natural resources

economist), specialist (international) with at least ten years of professional experience in

the oil and natural gas sector. With strong foundations in natural and social sciences, the

social specialist will have proven experience providing consulting services focused on the

human and socio-economic aspects of natural resource management and environmental

planning through impact assessment, follow-up monitoring, environmental policy and

participatory decision making processes. Must be very knowledgeable and familiar with

the international oil and natural gas best industry practices including IPIECA; the World

Bank EHS Guidelines; the IFC 2012 Performance Standards, and ISO 26000

A safety and occupational health professional (degree in safety and health CSP), specialist

(international) with at least ten years of professional experience working in the

international onshore and offshore oil and natural gas sector; very knowledgeable and

familiar with the international oil and natural gas best industry practices including OGP,

IPIECA; the World Bank General, Oil and Gas Sector and Infrastructure EHS Guidelines; and


OHSAS 18001

An engineer (international) with at least ten years of proven operational experience

dealing with technical aspects of onshore and offshore oil and gas operations, with

experience in exploration (seismic and drilling), appraisal, development and extraction,

processing, and transmission. Must be very knowledgeable and familiar with international

oil and natural gas best industry practices, including OGP.

A lawyer with at least five years’ experience in environmental law, in particular,

environmental procedures and regulations as well as familiarity with oil and gas

legislation.

SESA Team Organization Diagram

4. DELIVERABLES AND SCHEDULE

Deliverables Schedule

Scoping/Inception Report end of week 8

First Interim Report end of week 18

Second Interim Report end of week 24

Draft Report end of week 32

Draft Final Report end of week 38

Final Report end of week 42


5. PROPOSAL REQUIREMENTS

The proposal for the SESA must be prepared in accordance with procurement legislation. It should also contain the information listed bellow:

SCOPE OF WORK. The scope of work should include a description of the specific activities that will be performed in order to accomplish the required phases and tasks identified in the TOR. This should include any proposed site visits/reconnaissance, documents to be reviewed, interviews, stakeholder meetings, etc. If the Consultant believes that additional tasks or components within a required task are necessary or warranted, these should be stated and delineated as “Optional Tasks”.

PROJECT TEAM AND QUALIFICATIONS. The SESA consultant team must include the firms

and specialists indicated in the TOR. This should include the names of the consultant team members (local and international), their qualifications including relevant technical capabilities, and specific previous experience must be detailed as requested in the TOR. The consultant Project Manager (main point of contact, and must be one of the specialists) must be identified as well.

SCHEDULE. A proposed detailed schedule for execution of the SESA must be presented

(refer to Section 4 of TOR for a tentatively proposed schedule). The schedule must indicate the proposed start and completion dates for each required phase, task, and activities listed in the TOR, and any important or specific project milestones (e.g. deliverables, reports).

ESTIMATED COSTS. A breakdown of the estimated costs by phase or task must be

presented (i.e., tabular format) and should include Direct Labor Costs (number of hours or days per staff and their associated unit costs) and Indirect Labor Costs (i.e., travel, per diem, etc.). Any assumptions related to the estimated costs must be clearly stated. If any additional Optional Tasks are recommended, then a separate cost estimate must be provided for the additional optional tasks.

MAJOR ASSUMPTIONS: The Consultant shall describe all the major assumptions made in

order to estimate the cost of their proposal.

ANTICIPATED DIFFICULTIES: The Consultant shall describe all anticipated difficulties and make recommendations regarding how they will be overcome such difficulties during execution of the scope of work.

ADDEDD VALUE: The consultant shall describe why does the proposed team conformed is the best consultant team to perform the SESA of this Project.


6. CONTACTS

Issued by:

Geoffrey M. Wahungu, Prof.

Director General

National Environment Management Authority (NEMA)

Address: Eland House, Popo Road, off Mombasa Road, PO BOX 67839 – 0200, Nairobi, Kenya.

Fax: + 254 20 6008997

Tel: + 254 20 6005522/6/7, 6001945

Email: [email protected]

Website: www.nema.go.ke

Attn:

Zephania O. Ouma, Deputy Director – Compliance, email: [email protected]

Jeremia Wahome Mwangi, Compliance and Enforcement Officer, email: [email protected]

mailto:[email protected]

mailto:[email protected]


Annex 1 Scoping Report - Table of Content – Provided as an example only 1. Introduction 2. Overview of the oil and Gas Sector and Government Licensing Plan 3. Policy Context 4. SESA Approach and Method 5. Baseline Data 6. Potential Environmental, Social, Occupational Safety and Health Effects 7. Stakeholders 8. Data Gaps 9. Scoping Questions Appendix A: Legislation and Policy Context Appendix B: Institutions and Installed Capacity Appendix C: References Appendix D: Glossary


Annex 2 SESA Report - Table of Content – Provided as an example only Non-Technical Summary

Introduction

The Draft Plan/Program

What are the Alternatives to the Draft Plan/Program

The Environmental, Social, Occupational Safety and Health Report

The Geographical Extent of the SESA

Prospectivity

Overview of main sources of effect and controls in place

Assessment Summary

Conclusions

Next Steps 1 Introduction 1.1 The Strategic Environmental and Social Assessment 1.2 The Requirement for SESA 1.3 The Purpose of the SESA Report 1.4 Consultation Bodies and Civil Society Stakeholders 1.5 Contents of the SESA Report 1.6 Organization of the SESA Report 1.7 The Study Team 1.8 Public Consultation 2 Overview of the Draft Policy/Plan/Program and its relationship with other activities 2.1 The Draft Policy/Plan/Program 2.2 Onshore / Offshore Licensing Regulatory Context and Background 2.3 Prospectivity 2.4 Potential Activities Following Licensing 2.5 Alternatives to the Draft Policy/Plan/Program 2.6 Relationship of the Draft Policy/Plan/Program to Other Policies, Plans and Program 3 SESA Approach 3.1 Scoping 3.2 SESA Objectives and Indicators 3.3 SESA Scope 3.4 Assessment Methodology 3.5 Consultation 4 Environmental Information 4.1 Introduction 4.2 Baseline 4.3 Relevant Existing Problems 4.4 Likely Evolution of the Baseline 5 Social and socio-economic Information 5.1 Introduction


5.2 Baseline 5.3 Relevant Existing Problems 5.4 Likely Evolution of the Baseline 6 Occupational Safety and Health Information 6.1 Introduction 6.2 Baseline 6.3 Relevant Existing Problems 6.4 Likely Evolution of the Baseline 7 Summary of Assessment 7.1 Introduction 7.2 Potential Activities Following the Adoption of the Draft Policy/Plan/Program 7.3 Alternatives 7.4 Interrelationships, Cumulative and Transboundary Effects 7.5 Conclusion 8 Monitoring 8.1 Legislative Requirements 8.2 Approach 9 Next steps Glossary and Abbreviations References Appendix 1 Scoping Consultation Feedback Appendix 2 Onshore / Offshore oil and gas activities, controls and mitigation Appendix 3 Other Relative Initiatives Appendix 4 Environmental Baseline Appendix 4a Biodiversity, habitats, flora and fauna Appendix 4b Geology and soils Appendix 4c Landscape Appendix 4d Water Environment Appendix 4e Air quality Appendix 4f Climatic factors Appendix 5 Social Baseline Appendix 5a Population, human health, education, literacy, poverty levels Appendix 5b Material assets (infrastructure, other natural resources) Appendix 5c Cultural heritage, including architectural and archaeological heritage Appendix 5d Vulnerable Communities Appendix 6 Occupational Safety and Health Baseline Appendix 6a Workers and safety Appendix 6b Occupational Health in industry Appendix 6c Health related injuries Appendix 7 Tools for screening of Climate change related risks and impacts Appendix 8 Conservation Sites Appendix 9 Legal, Regulatory and Institutional Reforms (National and Regional/Counties) Appendix 10 Stakeholder Involvement, Engagement and Consultation Appendix 11 Environmental and Social Safeguards in Oil and Gas GoK Contracts


Appendix 12 Quality and Standard of Environmental Impact Assessment (EIA) and Impact Statement Appendix 13 EIA follow-up Appendix 14 Seasonal nomadic communities, large-sized migratory species and cross-regional impacts Appendix 15 Resettlement Policy Framework Appendix 16 Oil Spill Preparedness, Emergency Response and Crisis Management Appendix 17 Gender Considerations Appendix 18 Local Content


Annex 3 SESA Report - Table of Content – Provided as an example only Non-Technical Summary Onshore /Offshore Petroleum Development and Hydrocarbon Licensing - An Overview What is Strategic Environmental and Social Assessment? Applying Strategic Environmental and Social Assessment to the Draft Master Petroleum Plan / Licensing Plan - What has been assessed? Which Environmental and Social Topics have the Draft Master Petroleum Plan / Licensing Plan been Assessed Against? What are the Likely Significant Effects of the Draft Master Petroleum Plan / Licensing Plan and the Reasonable Alternatives? What are the Secondary, Cumulative and Synergistic Effects of the Draft Master Petroleum Plan / Licensing Plan? Proposed Mitigation Measures Proposals for Monitoring Introduction

Overview Context Purpose of this Report Strategic Environmental and Social Assessment Applying SESA to Onshore / Offshore Oil and Gas Sector and Licensing Rounds Consultation and Stakeholder Engagement Public Consultation on the Interim/Draft SESA Report Revised SESA Report Scoping Consultation Habitats Regulations Assessment SESA Report Structure Commenting on this SESA Report

The Petroleum Development Plan / Licensing Plan

Introduction Context and Draft Licensing Plan Objectives Context Draft Licensing Plan Objectives and Scope Onshore Licensing Regulatory Context and Background Prospectivity Potential Activities Following Licensing Summary of Potential Activities, Resulting Effects and Controls Potential Activity Scenarios Alternatives to the Draft Licensing Plan Award of Licenses Restrictions on the Award of Licenses No Award of Licenses Summary


Context and Baseline

Introduction Review of Policies, Plans and Programs (National, regional/counties) Collecting Baseline Evidence Key Issues Relevant to Onshore / Offshore Oil and Gas Licensing Limitations of the Data

SESA Methodology Scope of the Assessment Focus Environmental, Social, Occupational Safety and Health Topics Geographic Scope Short, Medium and Long-Term Timescales Approach to Assessing the Effects Assessment Objectives and Guide Questions Completing and Recording the Assessment Assessment of Activities Assessment of Plan Alternatives Definitions of Significance Mitigation Assessment of Secondary, Cumulative and Synergistic Effects Technical Difficulties Uncertainties Assumptions

Assessment of Effects of the Licensing Plan and Reasonable Alternatives

The Environmental and Social Effects of Conventional Oil and Gas Exploration and Production Likely Significant and Other Environmental and Social Effects The Environmental and Social Effects of Unconventional Oil and Gas Exploration and Production Likely Significant and Other Environmental and Social Effects The Environmental and Social Effects of Gas Storage Likely Significant and Other Environmental and Social Effects Environmental and Social Effects of the Reasonable Alternatives to draft Licensing Plan Limiting the Area of Land Available to be licensed No Award of Licenses Summary Mitigation and Enhancement Secondary, Cumulative and Synergistic Effects Cumulative Effects of New Licensed Activities

Conclusions and Monitoring


What are the Environmental and Social Effects of the draft Licensing Plan? Proposals for Monitoring Next Steps

Appendix 1 Scoping Consultation Feedback Appendix 2 Onshore / Offshore oil and gas activities, controls and mitigation Appendix 3 Other Relative Initiatives Appendix 4 Environmental Baseline Appendix 4a Biodiversity, habitats, flora and fauna Appendix 4b Geology and soils Appendix 4c Landscape Appendix 4d Water Environment Appendix 4e Air quality Appendix 4f Climatic factors Appendix 5 Social Baseline Appendix 5a Population and human health, education, literacy, poverty levels Appendix 5b Material assets (infrastructure, other natural resources) Appendix 5c Cultural heritage, including architectural and archaeological heritage Appendix 5d Vulnerable Communities Appendix 6 Occupational Safety and Health Baseline Appendix 6a Workers and safety Appendix 6b Occupational Health in industry Appendix 6c Health related injuries Appendix 7 Tools for screening of Climate change related risks and impacts Appendix 8 Conservation Sites Appendix 9 Legal, Regulatory and Institutional Reforms (National and Regional/Counties) Appendix 10 Stakeholder Involvement, Engagement and Consultation Appendix 11 Environmental and Social Safeguards in Oil and Gas GoK Contracts Appendix 12 Quality and Standard of Environmental Impact Assessment (EIA) and Impact Statement Appendix 13 EIA follow-up Appendix 14 Seasonal nomadic communities, large-sized migratory species and cross-regional impacts Appendix 15 Resettlement Policy Framework Appendix 16 Oil Spill Preparedness, Emergency Response and Crisis Management Appendix 17 Gender Considerations Appendix 18 Local Content


ANNEX 4 Selected Government Institutions and Organizations (indicative and not limiting) Stakeholder Focus Key Role Regulatory

Requirements / Comments

Ministry of Environment, Water and Natural Resources

Secure and sustainable management of Kenya´s environment and natural resources

To monitor, conserve and protect the sustainable management of the environment and natural resources for national development

Mandates NEMA to oversee all environmental management and protection throughout Kenya

National Environmental Management Authority (NEMA)

Environmental management and protection

Monitoring of all project activities to safeguard and enhance the quality and protection of the environment in Kenya

Issuance of EIA licenses and SESA coordinating agency

Ministry of Energy

Country energy demand and supply

Control of energy consumption, research, exploitation and supply

Mandates NOCK to oversee all petroleum exploration for government

National Oil Corporation Kenya (NOCK)

Spearheading of petroleum exploration on behalf of the Kenya government

Coordinate, facilitate and participate in the exploration and exploitation of petroleum products. Source of national energy data

Assurance of Production Sharing Contract (PSC)

Ministry of Fisheries Development

Management of marine ecosystems

Source of aquatic information, production and management of aquatic resources

Consult and involve regarding Fisheries

Kenya Marine and Fishery Research Institute (KMFRI)

Carries out biophysical and socio-economic research on fisheries, mangroves and marine

Source of aquatic research information, protection and management of aquatic resources

Consult and involve as necessary in the study


conservation and management; monitors pollution

Kenya Wildlife Service (KWS)

Stewardship of National Parks and Reserves, including security for visitors and wildlife within and outside protected areas

Wildlife conservation and management within and outside protected areas including those under local authorities, community and sanctuaries

Consult and involve KWS in the study

National Museum of Kenya (NMK)

Conservation and sustainable utilization of national heritage

Identify, protect and conserve any cultural and natural heritage of any tribe throughout the country

Consult the National Museum of Kenya in the study

Kenya Civil Aviation (KCA)

To regulate the aviation industry in Kenya and provide air navigation services within Kenya´s Flight Information Region (FIR)

To provide safe and efficient air navigation services to aircraft flying within Kenya´s airspace.

Aviation fees, Air Navigation Service Charges, Entry/Exit/over flight clearance request. Flights Requirements, Foreign Registered Aircraft Domestic Flights Licensing Requirements

Coastal Development Authority (CDA)

Plan and regulate developments in the coastal area

Source of information and research data

Consult Coastal Development Authority for offshore, shore-base logistic support

Kenya Navy Maritime Interests Exploitation of marine economic resources both living and nonliving. Seaborne trade

Primary Roles Policing Kenya´s territorial waters. Surveillance of Kenya´s EEZ. Protection of vital Areas. Other roles are Search and Rescue operations. Fisheries protection. Diplomacy.

Consult and involve the Kenya Navy for offshore


Environmental patrols. Safeguarding sea lanes of communications, protection of offshore resources and aid to civil authorities

Ministry of Labour

Labour and occupational safety and health

Health and Safety considerations and administrations

Consult and involve the Ministry of Labour as a lead agency for H&S

Kenya Investment Authority

Investment and marketing Kenya

Economic implications of the project in the oil and gas industry and also economic sectors that it may affect

Consult and involve KIA in the study

Ministry of Public Health and Sanitation

Public Health and Safety

Source of information and public health risk management

Consult and involve MoPHS at all levels of government

National Oil Spill Response Committee (NOSRC)

Develops contingency plans for dealing with oil spills on the Kenyan coast and oversees oil spill surveillance duties

Provides procedures to follow in the case of an oil spill, persons responsible for particular tasks. The lines of communication and directory of equipment, contractors, suppliers and experts

Consult National Oil Spill Response Committee of the study

Kenya Port Authority (KPA)

Facilitation of seaborne trade in the most efficient manner by benchmarking coastal operations to international acceptable standards

Control port gateway along the coast. Provides provisions for waste disposal of all garbage on all vessels in Kenya´s territorial waters

Oil and fuel transfers must be reported to the pollution control officer. Waste disposal licenses and procedures for offshore

Kenya Maritime Authority (KMA)

Mandate to regulate, coordinate and oversee activities in

Enforces safety of shipping compliance with construction regulations,

Ships and Vessels Registration Consult and involve


the maritime industry for maximum socio-economic benefits in line with national standards and international conventions

maintenance of safety standards and safety navigation rules, as well as conducting regular inspection of ships to ensure maritime safety and prevention of marine pollution is adhered to. Collaborates with other related public agencies and institutions involved in the prevention of marine source pollution, protection and response to marine environmental incidents

the Kenya Maritime Authority of the study for offshore

Ministry of State for Planning National Development and Vision 2030

TBD TBD TBD

National Environment Management Authority (NEMA)

The National Environment Management Authority (NEMA) is established under the Environmental Management and Coordination Act (EMCA) No. 8 of 1999, as the principal instrument of government in the implementation of all policies relating to the environment.

The Authority became operational on 1st July 2002 following the merger of three government departments, namely: the National Environment Secretariat (NES), the Permanent Presidential Commission on Soil Conservation and Afforestation (PPCSCA), and the Department of Resource Surveys and Remote Sensing (DRSRS). However, following government restructuring in March 2003, DRSRS reverted to its departmental status under the then Ministry of Environment and Natural Resources (MENR). There was a transition period characterized by the integration of previous departmental activities and appointment of the first Board of Management.

Environmental Management and Coordination Act (EMCA), 1999

The enactment of EMCA, 1999 was a milestone in promoting sustainable environmental management in the country. The Act provides for the harmonization of about 77 sectorial


statutes, which address aspects of the environment. EMCA, 1999 provides an institutional framework and procedures for management of the environment, including provisions for conflict resolution.

Section 3 of EMCA, 1999 states “Every person in Kenya is entitled to a clean and healthy environment and has the duty to safeguard and enhance the environment.” The Act is intended to ensure that our activities do not compromise the capacity of the resource base to meet the needs of the present generation as well as those of future generations (WCED, 1987) Functions of NEMA The authority core functions are:

Coordinating the various environmental management activities being undertaken by the lead agencies

Promote the integration of environmental considerations into development policies, plans, programs and projects, with a view to ensuring the proper management and rational utilization of environmental resources, on sustainable yield basis, for the improvement of the quality of human life in Kenya.

To take stock of the natural resources in Kenya and their utilization and conservation.

To establish and review land use guidelines.

Examine land use patterns to determine their impact on the quality and quantity of natural resources.

Carry out surveys, which will assist in the proper management and conservation of the environment.

Advise the Government on legislative and other measures for the management of the environment or the implementation of relevant international conventions, treaties and agreements.

Advise the Government on regional and international conventions, treaties and agreements to which Kenya should be a party and follow up the implementation of such agreements.

Undertake and coordinate research, investigation and surveys, collect, collate and disseminate information on the findings of such research, investigations or surveys.

Mobilize and monitor the use of financial and human resources for environmental management.

Identify projects and programs for which environmental audit or environmental monitoring must be conducted under this Act.

Initiate and evolve procedures and safeguards for the prevention of accidents, which may cause environmental degradation and evolve remedial measures where accidents occur e.g. floods, landslides and oil spills.

Monitor and assess activities, including activities being carried out by relevant lead agencies, in order to ensure that the environment is not degraded by such activities. Management objectives must be adhered to and adequate early warning on impending environmental emergencies is given.

Creating AwarenessUndertake, in cooperation with relevant lead agencies, programs intended to enhance environmental education and public awareness, about the need for sound

http://www.environment.go.ke/archives/187


environmental management, as well as for enlisting public support and encouraging the effort made by other entities in that regard.

Publish and disseminate manual codes or guidelines relating to environmental management and prevention or abatement of environmental degradation.

Render advice and technical support, where possible, to entities engaged in natural resources management and environmental protection, so as to enable them to carry out their responsibilities satisfactorily.

Prepare and issue an annual report on the State of Environment in Kenya and in this regard, may direct any lead agency to prepare and submit to it a report on the state of the sector of the environment under the administration of that lead agency.


ANNEX 5

KENYA – PLANNING, POLICY AND LEGISLATIVE FRAMEWORK (indicative and not limiting)

The management of the environment and natural resources in Kenya is governed by various

legislation covering different sectors and issues. The national environment action plan identifies

77 statutes relating to the management and conservation of the environment, most of which

apply to the land and marine coastal environments. As such, many pieces of legislation and

regulations apply to onshore and offshore oil and gas activities / operations.

1. THE CONSTITUTION OF KENYA, 2010

The constitution provides that every person has the right to a clean and healthy environment

(article 42). The state must ensure that the environment and natural resources are conserved and

genetic resources and biological diversity are protected. In that regard, it must eliminate any

processes or activities that could be likely to endanger the environment. Everyone is expected to

cooperate with the state institutions and other people to protect and conserve the environment

and ensure that the use and development of the natural resources are ecologically sustainable

(article 69). These environmental rights are enforceable in a court of law (article 70). Land must

be used in a sustainable manner, in accordance with the principles of sound conservation and

protection of ecological sensitive areas. The state may regulate the use of any land or right over

any land in the interest of land use planning (article 66)

The constitution of Kenya gives recognition to public, community and private land. Land use

regulation goes beyond exploitation merely for economic purposes and lays emphasis on

conservation. It is required that wildlife conservation promotes sustainable development, which

includes both environmental conservation and economic development. Parliament has five years

from the date of promulgation to enact legislation to give full effect to the provisions relating to

the environment. Community land vests in communities identified on the basis of ethnicity,

culture or other similar common interest. Apart from land registered or transferred it consists of

land that is lawfully held, managed or used by specific communities as grazing areas shrines and

ancestral lands (article 60 – 72). The state is generally mandated to regulate the use of any land in

the public interest. Public land is described as including all minerals and mineral oils, specified

government forests, government game reserves, water catchment areas, national parks,

government animal sanctuaries, specially protected areas, and all rivers, lakes and other water

bodies as defined by law. However, land on which mineral and mineral oil exist is held by the

national government in trust for the Kenyan people (article 62).

2. THE POLICY FRAMEWORK


2.1. ENVIRONMENT AND DEVELOPMENT POLICY

The environmental and development policy is outlined in the draft sessional paper no 5 of 1999.

It covers the following environment and development issues: biological diversity, land and land

based resources, atmospheric resources, waste management, management of toxic and

dangerous chemicals, radiation management, environmental health and occupational safety,

human settlement, disaster management, implementation strategies, priorities for action, human

resources development, environmental planning, environmental issues, environmental issues

assessment, environment and land use practices, environment, industry and economic

development, environment research and technology coordination and participation, regional and

international cooperation, and environment management authority.

It outlines the following principles, goals and objectives.

PRINCIPLES

Environmental protection is an integral part of sustainable development.

The environment and its natural resources can meet the needs of present as well as

those of future generations if used sustainably

All the people have the right to benefit equally from the use of natural resources as well

as an equal endowment to a clean and healthy environment. Poverty reduction is an

indispensable requirement for sustainable development

Sustainable development and a higher quality of life can be achieve by reducing or

eliminating unsustainable practices of production and consumption and by promoting

appropriate demographic policies. Endogenous capacity building is essential for

development adaptation, diffusion and transfer of technologies for sustainable

development

Indigenous traditional knowledge and calls are vital in environmental management and

sustainable development

Effective public participation is enhanced by access to information concerning the

environment and the opportunity to participate in decision making processes

Public participation including women and youth is essential in proper environmental

management

For sustainable management the polluter pays principle should apply

Access to judicial and administrative proceedings including readiness and remedy is

essential to environmental conservation and management

Private sector participation in environmental management is essential for sustainable

development


Effective measures should be taken to prevent any threads of damage to the

environment, notwithstanding lack of full scientific certainty

Peace, security, development, and environmental protection are interdependent and

indivisible

International cooperation and collaboration is essential in the management of

environmental resources shared by two or more states

OVERALL GOAL

The Overall Goal Is To Integrate Environmental Concerns Into The National Planning And

Management Processes And Provide Guidelines For Environmentally Sustainable

Development

SPECIFIC GOALS

To incorporate environmental management and economic development as

integral aspects of the process of sustainable development

To promote maintenance of a quality environment that permits a life of dignity

and well being for all

To encourage sustainable use of resources and ecosystems for the benefit of the

present generation while ensuring their potential to meet the needs of future

generations

To promote maintenance of ecosystems and ecological processes essential for the

functioning of the biosphere

To promote preservation of genetic resources, biological diversity, their cultural

values and their natural heritage, and

To incorporate indigenous knowledge, skills and interests for effective

participation of local communities in environmental management and sustainable

development

OBJECTIVES

To conserve and manage the natural resources of Kenya including all water,

land, flora and fauna

To promote environmental conservation with regard to soil fertility and

conservation, biodiversity and to foster reforestation activities

To enhance public awareness and appreciation of the essential languages

between development and environment

To initiate and encourage well-coordinated programs of environmental

education and training at all levels of society


To involve NGOs, private sector, and local communities in the management of

natural resources and their living environment

To support a coordinated approach to policy formulation on environmental

matters

To ensure development policies programs and projects take environmental

considerations into account

To ensure that an acceptable environmental impact assessment report is

undertaken for all public and private projects and programs

To develop and enforce environmental standards

To enhance, review regularly, harmonize, implement and enforce laws for the

management, sustainable utilization, and conservation of the natural resources

To provide economic and financial incentives for sustainable utilization,

conservation, and management of natural resources

To apply market forces, taxation, and other economic instruments, including

incentives and sanctions to protect the environment and influence attitudes

and behaviors towards the environment

To ensure adherence to the polluter pays principle, and

To develop adequate national laws regarding liability and compensation for the

victims of pollution and other environmental damage

2.2. NATIONAL POLICY ON WATER RESOURCES MANAGEMENT AND DEVELOPMENT

(SEASONAL PAPER NO.1 OF 1999)

The management of water resources in Kenya is guided by four specific policy objectives, namely:

Preserve, conserve, and protect available water resources and allocate it in a sustainable

rational and economic way

Supply water of good quality in sufficient quantities to met the various water needs,

including poverty alleviation, while ensuring the safe disposal of wastewater and

environmental protection

Establish an efficient and effective institutional framework to achieve a systematic

development and management of the water sector, and

Develop a sound and sustainable financing system for effective water resources

management, water supply and sanitation development

2.3. ENERGY POLICY (SESSIONAL PAPER NO.4 OF 2004)

The broad objective of the national energy policy is to ensure adequate quality, cost effective,

and affordable supply of energy to meet development needs while protecting and conserving the

environment. The specific objectives are to:


Provide sustainable quality energy services for development

Utilize energy as a tool to accelerate economic empowerment for urban and rural

development

Improve access to affordable energy services

Provide an enabling environment for the provision of energy services

Enhance security of supply

Promote development of indigenous energy resources, and

Promote energy efficiency and conservation as well as prudent environmental, health and

safety practices

2.4. LAND POLICY (SESSIONAL PAPER NO. 3 OF 2009)

The overall object of the national land policy is to secure land rights and provide for sustainable

growth, investment, and the reduction of poverty in line with the governments overall

development objectives. Specifically, it seeks to develop a framework of policies of laws designed

to ensure the maintenance of a system of land administration and management that will provide

all citizens with

The opportunity to access and beneficially occupy and use land

And economically, socially equitable and environmentally sustainable allocation and use

of land

Effective and economical operation of the land market

Efficient use of land and land based resources, and

Efficient and transparent land dispute resolution mechanisms

2.5. MINING POLICY

The national mineral resources and mining policy is currently at an advanced stage of being

adopted. In tandem with this process, the government has developed new mining legislation

(currently the mining and minerals 2011) to replace the mining act cap.306 of 1940, which is both

antiquated and ineffective. Under the new mining legislation rights and interests in minerals of all

lands, including commonly found minerals, will be regulated. The proposed new mining

legislation has been harmonized with existing environmental legislation. In particular, mining

companies will be required to comply with the requirements of the environmental management

and coordination act and other applicable environmental legislation and the new legislation will

provide that mining licenses may not be granted unless the applicant has obtained an

environmental and social impact assessment (ESIA) license.

2.6. HEALTH POLICY


The Kenya health policy framework (1994) sets out the policy agenda for the health sector up to

the year 2010, so this is likely to be reviewed in the near future. The policy includes a

strengthening of the central public policy role of the ministry of health (MOH), adoption of an

explicit strategy to reduce the burden of disease, and definition of an essential cost-effective

healthcare package. To operationalize the health policy framework paper the national health

sector strategic plan (NHSSP, 1999-2004) was developed in 1994. The strategic plan emphasized

the centralization of healthcare delivery through redistribution of health services to rural areas.

The plan is currently being revised to reflect the poverty reduction strategic paper (2001-2004)

agenda. The new plan focuses on the essential key priority packages based on the burden of

disease and the required support systems to deliver these services to the Kenyans. The ensuing

NHSSP ii (2005-2010) was intended to keep people well and to promote the involvement of

communities in their own healthcare. Major players in the health sector include the government

represented by the ministry of health and the local government, private sector, and non-

governmental (NGOs). The organization of Kenya’s healthcare delivery system revolves around

three levels, namely the MOH headquarters, the provinces and the districts. The headquarters

sets policies, coordinates the activities of NGOs, and manages, monitors and evaluates policy

formulation and implementation. The provincial tier acts as an intermediary between the central

ministry and the districts. It oversees the implementation of health policies at the district level,

maintains quality standards, and coordinates and controls all district health activities. In addition,

it monitors and supervises district health management boards (DHMBs), which supervises the

operations of health activities at the district level.

3. ECONOMIC RECOVERY FOR WEALTH AND EMPLOYMENT CREATION STRATEGY

The overall goal of the strategy is to ensure clear improvement in the social and economic well

being of all Kenyans; thereby giving Kenyans a better deal in their lives, and in their struggle to

build a modern and prosperous nation (2006). The key areas covered in the strategy are

Expanding and improving infrastructure

Reforms in trade and industry

Reforms in forestry

Affordable shelter and housing

Developing arid and semi-arid lands, and

Safeguarding environment and natural resources

The strategy which has commanded a great deal of attention in recent years, essentially

subsumes the poverty reduction strategy paper (PRSP).

4. KENYA VISION 2030


Kenya vision 2030 was launched on October 30, 2006 and is the country´s new development plan

for the period 2006 -2030. It seeks to transform Kenya into an industrialized “middle income

country providing a high quality of life to its citizens by the year 2030”.

Vision 2030 is based on three pillars: the economic, the social, and the political. The adoption of

the vision follows the successful implementation of the economic recovery strategy for wealth

and employment creation (ERS) launched in 2002. The vision is to be implemented in successive

five- year medium-term plans with the first such plan covering the period 2006-2012.

The economic, social and political pillars of Kenya vision 2030 are anchored on macroeconomic

stability, continuity on government reforms, enhanced equity and wealth creation opportunities

for the poor, infrastructure, energy, science, technology and innovation, land reforms, human

resources development, security, as well as public sector reforms.

THE FOUNDATIONS FOR THE VISION ARE:

MACROECONOMIC STABILITY FOR LONG TERM DEVELOPMENT

The vision places the highest premium on Kenya’s current stable macroeconomic

environment which works in favor of the poor and expects it to continue in the future as

a matter of policy. The projects proposed under vision 2030 will be subjected to the

parameters set under the macroeconomic stability framework.

CONTINUITY IN GOVERNANCE REFORMS

These will be accelerated in order to create a more conductive environment for doing

business and also to enable Kenyans to fully enjoy their individual rights under the

constitution. Towards this end, the government will intensify the anticorruption

programs through more efficient investigation and prosecution, eliminating bribery in

the public service and increasing public education and judicial and legal reform. The

government will also fully support the people of Kenya parliament, civil society and the

press, recognizing that they are the ultimate defense against abuse of office.

INFRASTRUCTURE

The vision aspires for a country firmly interconnected through a network of roads,

railways, ports, airports, water and sanitation facilities, and telecommunications. This is a

high priority issue.

ENHANCED EQUITY AND HEALTH-CREATION OPPORTUNITIES FOR THE POOR

The vision includes equity as a recurrent principle in economic, social and political

programs. Special attention has been given to arid and semi-arid districts, communities

with high indexes of poverty, the unemployed youth, women, and all vulnerable groups.

SCIENCE, TECHNOLOGY AND INNOVATION (STI)

The government will intensify the application of STI to increase productivity and

efficiency levels across all three pillars. It recognizes the critical role played by research

end development in accelerating development in the emerging nations. The government


will create and implement an STI policy framework to support vision 2030

LAND REFORMS

Land is a vital resource for the socio-economic and political developments set out in the

vision. It is recognized that respect for property rights to land, whether owned by

individuals, communities or companies, is key to rapid economic growth (a national land

use policy has now been created to enable this growth) (section 4.2.4)

HUMAN RESOURCES DEVELOPMENT

Kenya will create a globally competitive and adaptive human resource base to meet the

needs of a rapidly industrializing economy through training and education, raising labor

productivity to international levels, creating a human resource data base to facilitate

better planning and establish more training institutions.

SECURITY

The government will increase security in order to lower the cost of doing business and

provide Kenyans with a more secure environment to live and work in. The strategies will

include improving community policing, reducing the police-to-population ratio and

adopting information and communication technology in crime detection and prevention.

These measures will be supported by judicial reforms.

ENERGY

Since development projects recommended under vision 2030 will increase demand on

Kenya energy supply, she must generate more energy at a lower cost, and increase

efficiency in energy consumption. The government is committed to continue institutional

reforms in the energy sector, including a strong regulatory framework, and will

encourage more power generation by the private sector. New sources of energy will be

found through the exploitation of geothermal power, coal and renewable energy

sources.

THE PUBLIC SECTOR

An efficient, motivated and well-trained public service is expected to be one of the major

foundations of the vision. Kenya intends to build a public service that is more citizen-

focus and results-oriented. The government will intensify efforts to bring about

additional changes in public service that value transparency and accountability to the

citizens of Kenya.

5. THE ENVIRONMENTAL MANAGEMENT AND COORDINATION ACT, 1999

The environmental management and coordination act, 1999 provides for the establishment of an

appropriate legal and institutional framework for the purpose of managing the environment and

matters connected with it. The National Environment Management Authority (NEMA, the

authority) is established under section 7 of the act. Its mandate is to monitor the operation of

industries, projects, or activities to determine their immediate and long-term effects on the


environment. Oil and gas activities fall within the ambit of the act therefore are subject to its

provisions.

The act (part viii) lays down provisions pertaining to environmental quality standards. It

establishes standards and enforcement review committees whose broad functions are to (1)

advise the authority on how to enhance criteria and procedures to measure water and air quality,

and (2) issue standards and guidelines for the safe and proper disposal of waste (70, 71, 78, 80).

When Kenya is a party to an international convention usually an agreement on the management

of the environment, the authority must initiate legislative proposals to give effect to them

(section 124). The authority may prescribe measures to ensure the biological resources in place

are reserved, issue guidelines to promote the conservation of the various terrestrial and aquatic

systems, and protect species, ecosystems, and habitats threatened with extinction.

5.1. THE EIA GUIDELINES AND ADMINISTRATIVE PROCEDURES

The environmental impact assessment and administrative procedures arose from the policy

framework and the legislative and regulatory (the environmental management and coordination

act, 1999, and its regulations) procedures in order to assist in the integration of environmental

concerns in economic development so as to foster sustainable development. The document sets

out guidelines for carrying out environmental impact assessment, environmental audit and

monitoring, strategic environmental assessment, and dealing with issues of transboundary,

regional, and international conventions, treaties, and agreements. It sets out the procedure in

environmental impact assessment studies and environmental audits as well as the contents and

format of the reports required to be submitted to the National Environmental Management

Authority (NEMA) for consideration. The environmental impact assessment study review process

and decision-making are also explained. The guidelines are mainly intended to assist project

proponents, EIA practitioners, lead agencies, and members of the public to understand the

process and the basis on which decisions are made.

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