Policy analysis kenya ilepa

INDIGENOUS LIVELIHOOD ENHANCEMENT PARTNERSILEPA, Kenya

February 2014

Analysis of Climate Change–Related Policies, Strategies, Legal Frameworks in Kenya

Report by: Patrick Ole Twala, MSc, BSc

TABLE OF CONTENTS

TABLE OF CONTENTS .............................................................................................................................. 1 ACRONYM .................................................................................................................................................. 2 ABSTRACT.................................................................................................................................................. 3 1.1

INTRODUCTION ........................................................................................................................ 4

1.2

Background ................................................................................................................................... 4

2.0

CLIMATE CHANGE LEGISLATION AND INSTITUTIONAL FRAMEWORK IN KENYA 7

2.1

INSTITUTIONAL ARRANGEMENTS FOR MITIGATION OF CLIMATE CHANGE IN KENYA ........................................................................................................................................ 8 2.1.0

The Constitution of Kenya 2010, ....................................................................................... 8

2.1.1

East Africa Climate Change Policy ................................................................................... 9

2.1.2

The Environmental Management and Co-ordination Act No. 8 of 1999 (EMCA) ..... 11

2.1.2.1

National Environment Management Authority (NEMA) ............................................. 12

2.1.2.2

The forest policy of Kenya................................................................................................ 12

2.1.2.3

National Climate Change Response Strategy 2010 ........................................................ 13

2.2

Conceptual Map of Institutions Performing Key Climate Change Functions in Kenya ............. 14

2.3

Key Actors in the Development, Implementation and Monitoring of REDD+ (Climate Change) Policies and Activities in the Country ........................................................................................ 16

2.4

Climate Change and Gender mainstreaming in Kenya ............................................................... 17 2.4.1

Summary of relevant policies and frameworks on gender mainstreaming n Kenya .. 17

3.0

SUMMARY OF RELEVANT LEGISLATION ........................................................................ 18

4.0

ANALYSIS FOR LEGISLATIVE FRAMEWORK IN KENYA .............................................. 23

4.1

The constitution of Kenya, 2010 .................................................... Error! Bookmark not defined.

References ................................................................................................................................................... 30

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ACRONYM COP

Conference of Parties

DRSRS

Department of Resource Survey & Remote Sensing

EA (C)

East African (Community)

EMCA

Environmental Management and Co-ordination Act

GHG

Green House Gases

IP

Indigenous Organizations

IPCC

Intergovernmental Panel on Climate Change

MENR

Ministry of Environment and Natural Resources

NCCRS

National Climate Change Response Strategy

NEMA

National Environment Management Authority

REDD

Reducing Emissions from Deforestation and Forest Degradation

UNEP

UN Environment Programme

UNFCCC

United Nations Framework Convention on Climate Change

WWF

World Wildlife Fund

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ABSTRACT This policy analysis is based upon a review of literature and data, supported by a number of stakeholder interviews in country, including a few government officials, civil society in climate change group. This may not be wholly a comprehensive study but it’s raised key issues on climate change policy process, climate change financing and climate change actor in Kenya. Given the current decentralization process in Kenya, it may also be used to prompt for further discussion as may be happening both at the national and county government. In their reports on National Climate Change Action Plan in Kenya, IDLO (2012)1, and Mpido, (2010)2 discussed that from a legislative and institutional perspective, Kenya has made some impressive progress on climate change response. The reports depict the most recent stride that may have been done through the legislative process in Kenya that lead to the development and tabling of the private members bill in the last August house (last parliament). It further states that draft climate change legislation has been developed with significant contribution from the indigenous partners’ civil society actors and put forward as a private member’s Bill in the last Parliament. In the process, as may have been stated in the report and others, a number of state organs have been put in place or has been created to exclusively address climate change and its implication in the country. These include the Climate Change Secretariat within the Ministry of Environment and Mineral Resources, the Climate Change Coordination Unit and the establishment of ‘climate desks’ in key sectoral ministries.

However, the formation of this institution has not given Kenya the desired overarching long-term climate change policy and legislative institutional framework that can facilitate the necessary direction, guidance, coordination and high-level political buy-in to mainstream climate change across government and enable the effective implementation of actions to address climate change.

This report tends to examine the in-depth analysis of climate change policy in Kenya, the institutional framework processes and the role of communities and local development partners in the policy formation. These institutional frameworks include the Constitution of Kenya 2010, the east Africa climate change policy, and Institutions Performing Climate Change Functions under

1 2

The International Development Law Organization, 2010 report Mainyioto Pastoralist Integrated Development Organization (MPIDO), report done by Kimaren R. (2010)

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the relevant ministries in Kenya, the role of development partners and Indigenous Organizations (IP) in the policy formulations, and any other interest groups like the private sector.

1.1

INTRODUCTION

1.2

Background

NWO (Netherlands Organization for Scientific Research) and the Ministry of Foreign Affairs of The Netherlands started the Conflict and Cooperation over Natural Resources in Developing Countries - CoCooN programme in 2009. This is a four year project and carried out through a partnership of NWO with the Department for International Development (DFID) of the United Kingdom.

The focus of the research is on collaboration or conflict in approaches to climate change management at a global as well as local, developing countries’ level. This researched is envisioned to contribute to a better understanding of the extent to which climate, climate change and climate policy lead to enhanced conflict or collaboration between communities and nations where potential hotspots might exist and what can be done to maximise the chances of collaborative instead of conflictual outcomes.

In this project, TICCI3, The consortia consist of International Development Studies group, Utrecht University, the Netherlands, Climate Change, Agriculture and Food Security (CCAFS) programme of CGIAR, CARE International – Ghana, and Indigenous Livelihoods Enhancement Partners (ILEPA), Kenya. The aim of project is to greatly increase inclusiveness, participation and conflict-sensitivity of climate change adaptation interventions (particularly those directed at farmers and pastoralists) in Ghana, Burkina Faso and Kenya.

According to the workplan, the first activity of the TICCI project is an analysis of relevant policy and policy processes in each of the three countries which will make an informed comparative analysis for the entire project. The ambition of the policy analysis is not only to understand the

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Consortium on Towards more Inclusive and Cooperation on Climate Change Intervention in Kenya, Ghana, and Burkina Faso

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(climate change-orientated) policy structures in each of the three contexts (Burkina Faso, Ghana and Kenya and respective regional and local governments), but also to better understand the process by which policy is made. An analysis of the policymaking processes is therefore important, as is a analysis of how policy is made within these structures. The broad aims of the policy document are therefore to: 1. Identify important climate change policies (in each specific context – Burkina Faso, Ghana, Kenya).

2. Outline and analyze the structure in which such policies come to exist, and how the structure works (the ‘process’ of policy making), paying attention to the relationships, mandates and capacities of different levels of government (including the local government in the district in which you will be working), as well as civil society actors.

3. Analyze how climate change-orientated policy structures (and indeed the policies themselves have changed over time, perhaps since the first Assessment Report of the Intergovernmental Panel on Climate Change (IPCC) in 1990.

4. Provide an analysis of the policy process.

This policy analysis is guided by specific questions: 

Which policies and interventions on climate change adaptation and mitigation exist in the countries – particularly in the arid and semi-arid regions?



In how far are such policies different from (or the same as) from earlier policies e.g. on development, natural resource management, food security etc. In other words, are climate change policies simply a ‘rebranding’ of old policies, or do they add new dimensions to relevant policy frameworks?



How Climate Change is mainstreamed in the existing policies frameworks. How may be describe the extent of institutional coordination?



To what extent have local realities fed into national and international policies? Why, why not? Is (climate change-orientated) policy making an inclusive process, or a top down process? Is this different (or not) to previous and/or other policy formulation.

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

To what extent have different groups (particularly civil society groups and other local people) been included in decision-making on regional and national climate change policies?



In how far (and how), have the gender dimensions of climate change been accounted for in policy and policy making processes?



How can other existing conflict-prevention (and cooperation-oriented) programmes positively interrelate with climate change interventions?



What are the experiences with existing tools, such as CCAFS’ Participatory Social Return on Investment (PSROI) tool (for example, Sova, Chaudhury, Helfgott and Corner-Dolloff, 2012, attached to email), and CARE’s community-based adaptation approach (where relevant)? How could different approaches be combined?



How can agronomists, climate modellers’ etc. value and use ‘soft’ knowledge to improve polices. How can more synergy be created between and social scientists in engaging policy frameworks.

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2.0

CLIMATE CHANGE LEGISLATION AND INSTITUTIONAL FRAMEWORK IN KENYA It’s important to note that Kenya join the World Bank’s Forest Carbon Partnership Fund

(FCPF) in 2010 to reduce emissions of carbon from deforestation and forest degradation and the role of conservation of forest carbon stocks, sustainable management of forests and enhancement of forest carbon stocks in developing countries (REDD+) was a big step in policy formulation processes. Kenya’s decision to join the REDD+ process is, among other things, an opportunity to use an international process to achieve its own objectives (Read Policy Framework) to mitigate losses of forest cover and increase forest cover as now enshrined in the constitution. Under the 1992 United Nations Framework Convention on Climate Change, which Kenya has ratified, the protocol explicatively discusses two key approaches for responding to climate change. The twao way approach is through mitigation which the Kenyan government have heavily invested through several projects, and adaptation is a more diverse and general way of handling Climate change. In Kenya, a third aspect beyond mitigation and adaptation is inclusivity which has been anchored in the East Africa Climate Change Policy that Kenya among other East Africa states has ratified.

Kenya has also developed a comprehensive climate change response strategy heavily borrowed on East Africa policy (EA). In a report by IDLO on climate change in Kenya, they pointed out that Kenya is entering a formative period regarding the legislative and institutional framework for climate change response. Spurred on by the National Climate Change Response Strategy (NCCRS), the current action plan, there are other several policy proposal in place that, if passed, will have far reaching consequences on Kenya’s climate change legal and institutional architecture.

These include the draft Climate Change Authority Bill 2012 which is at the 3rd reading stage and expected to be debated anytime by the Kenya parliament. Positive to note is the formation of climate change Directorate within the Ministry of Environment and Natural Resources and climate change desks in parents ministry over in the last leadership under president Mwai Kibaki. These undertakings as well as possible alternatives and amendments in the development of relevant policies touching on climate change, are extensively analyzed throughout this report taking note the process involved. Kimaren, (2010), in his report on “National Program and Policy Analysis on Climate Change & Redd/Redd+ In Kenya: An Indigenous Peoples’ Perspective’, stated that

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there must be a recognition of the links between the enjoyment of human rights (RBA) 4 and environmental protection (read climate change), must be integrated in rights, norms, standards, and principles into policy, for effective planning, implementation taking into consideration of the Indigenous peoples right, 2.1

INSTITUTIONAL ARRANGEMENTS FOR ADAPTATION MITIGATION OF CLIMATE CHANGE IN KENYA 2.1.0

The Constitution of Kenya 2010,

This constitution, with its extensive provisions, and as the supreme law of Kenya, bears significant implications to legal and policy mechanisms designed to implement mitigation and adaptation measures for climate change. In this section, the paper outlines key provisions, and assesses their impact on climate law in Kenya‌, and extend to which principles of inclusivity, cooperation, participation, and conflict resolution are integrated‌. Identify gaps in environment and climate change, right to health environment, affirmative action, benefits sharing, recognize indigenous knowledge, vulnerably etc, showing progressive climate change integrations, Human right approach, social and economic rights feeding into climate change policy framework

Sovereignty: Principles of Governance (Art 10 & chapter 6) The constitution5, in article 1, declares that all sovereign power belongs to the people of Kenya, and should be exercised directly or through elected representatives. This provision sets the basis for democratic government, and binds those institutions that exercise sovereign power to act in accordance with the constitution. The principal guidance for the exercise of sovereign power by the executive, legislature, judiciary, and devolved governments, can be derived from article 10, and chapter 6. It is imperative to highlight that these arms of government will exercise the actual authority, and functions, that are required to design and implement legislative and policy measures required for adaptation and mitigation to climate change.

4 5

Rights based approach Constitution of Kenya

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Implications to Climate Law and Policy The national values and principles of governance (These national values and principles include, among others, (a) sharing and devolution of power, the rule of law, democracy and participation of the people; (b) human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalized; (c) good governance, integrity, transparency and accountability; and (d) sustainable development. It is notable that) are binding, in the context of developing law and policy in response to climate change in Kenya. This will include public participation, equity; devolution of power; good governance; and sustainable development for the interest of Kenya. Since these values and principles are also binding when applying or interpreting any law, public policy or decision, it implies that the substantive content of legislation and policies must include these values, including the explicit restatement of their binding nature. Similarly, this implies that existing laws that are not in compliance with article 10 have to be amended, or repealed and replaced with fresh legislation and policy.

2.1.1

East Africa Climate Change Policy

The policy was developed by the East African Community in response to a directive by the East African Community (EAC) Heads of State during the 11th Summit of the Heads of State held in Arusha, Tanzania on 20th November 2009. This was a realization for the need to develop a Regional Climate Change Policy and strategies to urgently respond to the adverse impacts of climate change, including addressing the challenge of food insecurity as a result of the extreme climatic conditions associated with climate change with the member state The aim of the Policy is to address the adverse impacts of climate change in the region, in response to the growing concern about the increasing threats of the negative impacts of climate change to national and regional development targets and goals. The policy feeds into the national policies and strategies of partners’ state as well as regional and international treaties, convections and protocols.

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In addition, the development of the Policy is in fulfillment of the objectives of the EAC; to develop policies and programmes aimed at widening and deepening cooperation among Partner States in accordance with the Treaty for the Establishment of the EAC. Policy linkages with national policies and strategies in partner states The Policy takes cognizance of the existing national development policies, strategies and plans. These include sectoral policies and strategies in environment, water, land, forestry, energy, transport, agriculture, livestock, fisheries, health, disaster risk management, gender among others (good example of gender as one category of indicators of inclusivity)

In the implementation of the policy, the EAC Partner States have already embarked on preparation and implementation of projects and programmes to address climate change. In particular, Burundi, Rwanda, Uganda and Tanzania have developed National Adaptation Programmes of Action (NAPAs), which is being implemented at various stages depending on the country; Kenya developed a national climate change response strategy which spells out the priority areas for both adaptation and mitigation activities in the country.6 Furthermore, the EAC States have prepared National Communications (NC) to communicate the status of implementing the UNFCCC related to vulnerability and adaptation, national greenhouse gas (GHG) inventories by source and removal by carbon sinks, potential mitigation actions to be included in the Nationally Appropriate Mitigation Actions (NAMAs) and can be used to foster economic development in the region while contributing to global efforts to reduce greenhouse gas emissions within the precepts of sustainable development.

The Policy is cognizant of the various international conventions of environment and natural resources, treaties and protocols. In particular, the Policy is line with the United Nations Framework Convention on Climate Change (UNFCCC) and its Kyoto Protocol (KP). Other related Multilateral Environment Agreements (MEAs) linked to the Policy that the EAC Partner States are Party to include: the United Nations Convention to Combat Desertification (UNCCD); the Convention on Biological Diversity (CBD); the Convention on International Trade in Endangered 6

East Africa climate change policy

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Species of Wild Flora and Fauna (CITIES); the Stockholm Convention on Persistent Organic Pollutants (POPs); the Vienna Convention for the Protection of the Ozone Layer; the Montreal Protocol on Substances that Deplete the Ozone Layer; the Basel Convention on Control of Transboundary Movements of Hazardous Wastes and their Disposal among others.

2.1.2

The Environmental Management and Co-ordination Act No. 8 of 1999 (EMCA)

The Environmental Management and Co-ordination Act No. 8 of 1999 (EMCA) was drafted in 1999 and came into force in the year 2000. It is an Act of Parliament that provides for the establishment of an appropriate legal and institutional framework for the management of the environment and related matters. The Act is the overarching legislation governing environmental matters in Kenya. Among many other provisions, it sets out principles, establishes several institutions as will be mentioned bellow, outlines the environmental planning framework and process, and stipulates a number of strategies and instruments with potential influence on climate change management in the country. Prior to its enactment, the country’s approach to the management and administration of environmental issues was sectoral and piecemeal.

EMCA aptly recognizes that improved legal and administrative co-ordination of the diverse sectoral initiatives is necessary in order to improve Kenya’s national capacity for environmental management. Further, it expressly acknowledges that the environment constitutes the foundation of national economic, social, cultural and spiritual advancement. This acknowledgement is of particular significance in the face of climate change. Although not expressly stated as one of the primary concerns of EMCA, climate change must be construed as included within the environment mandate. A similar view is taken by the drafters of EMCA who define “environment” as the physical factors of the surroundings of human beings including land, water, atmosphere, climate, sound, odour, taste, the biological factors of animals and plants, the social factor of aesthetics, as well as the natural and built environment. Nevertheless, it must be appreciated that addressing climate change goes beyond traditional environmental management.

The Act established several institutions to facilitate proper management of the environment. These institutions have been used to manage climate change both through adaptation

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and mitigation activities, albeit only with some necessary changes over a time. These institutions are: 2.1.2.1 National Environment Management Authority (NEMA) Section 7(1) of EMCA establishes the National Environment Management Authority (NEMA). It 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). Its mandate is to exercise general supervision and coordination of all matters relating to the environment and to be the principal instrument of Government in the implementation of all environmental policies.

2.1.2.2 The forest policy of Kenya The idea of REDD was first discussed during the Kyoto protocol negotiations in 1997 which recognized the important role that forests play in reducing carbon emissions. However formal recognition of REDD was achieved in 2007 at the 13th Conference of the Parties (COP 13) to the UNFCCC. Under the Bali Action Plan, the 13th COP recognized the central role played by forests in climate change mitigation by absorbing CO2 from the atmosphere, acting as natural sinks, and therefore made a key decision that forest protection must be an integral part of any new climate agreement after the lapse of the Kyoto Protocol in 2012. The plan cemented the international community's commitment to reducing deforestation and forest degradation. The 14th COP in Poznan, Poland in 2008 saw the expansion of REDD into REDD+ to include the role of conservation, sustainable management of forests and enhancement of forest carbon stocks in developing countries. The 15th COP in Copenhagen, Denmark recognized the crucial role of REDD+ and agreed on the need to provide positive incentives to such actions through the immediate establishment of a mechanism to enable the mobilization of financial resources from developed countries. The 16th COP in Cancun, Mexico or the Cancun Agreements agreed on policy approaches and positive incentives to support REDD+ implementation. The Agreement addressed the overall goal of the activities to be undertaken – to slow, halt and reverse forest cover and carbon loss. In addition, the Agreement provided the scope of activities to be considered for mitigation. The 17th COP in Durban, South Africa, provided important decisions on guidance on

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modalities for measuring, reporting and verifying GHG emissions and modalities relating to development of baselines against which emission reduction efforts will be assessed.

According to a Kenya Forestry Service report done by Ruri Consultants, 2013, they described that the Kenya forest policy of Sessional paper 1 of 1968, was laying it emphasis on employment opportunities, supply of wood fuel, protection of catchment areas, promote conservation, and other wildlife amenities. The policy was benchmarked on serving the interest of the colonial masters. In its analysis the report stated that forest policies in Kenya, have gone through three major phases in recent history: the colonial era opted to provide timber to the colonizing country; this changed more to forestry for economic development in the import substitution era in newly independent African States and, recently, forestry under economic liberalization and the structural adjustment era.

The Kenya Constitution, Vision 2030 and the Draft Forest Policy explicitly state the desire of the Government to increase the forest cover to a minimum of 10% and to enhance sustainable management and conservation of key forested areas. With a total forest area of 3.6 million ha, or about 5.9% forest cover, Kenya is defined as a low forest cover country7. Inspite of this low forest cover, Kenya is reported to be losing about 12,000 hectares of forest each year through deforestation and another 40,000 ha through forest degradation. This huge loss is attributed to among others unsustainable utilization, illegal logging, uncontrolled grazing and exploitation for charcoal.

2.1.2.3 National Climate Change Response Strategy 2010 In 2010, the Government of Kenya launched its National Climate Change Response Strategy (NCCRS), which confirms that Kenya is one of the country’s most vulnerable to climate change. The adverse impacts of climate change are unmistakable in Kenya. These include changes in rainfall pattern, and temperature, severe droughts to floods, threats to production of staple food crops and biological diversity, spread of diseases such as malaria, as well as displacement from areas that are prone to increased disaster risks. Notably, sectors that are vital to the economy will be gravely affected such as agriculture, livestock, tourism, forestry, and fisheries. The NCCRS

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Sessional Paper No. 1 of 2007 on Forest Policy

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was developed in a participatory manner. The process involved a total of thirteen workshops. The first national workshop was used to initiate the process, and was followed by nine regional consultative workshops, one in each of the eight provinces of Kenya, except for Rift Valley Province where two workshops were held because of the province’s expansive nature. The second national workshop was a consensus workshop where stakeholders reviewed the contents of the draft NCCRS document to verify that it had captured all or most of the aspirations they had articulated during the regional consultative workshops. In addition, one consultative workshop with members of parliament was held as well as a crucial consultative meeting with members of the cabinet chaired by the then Prime Minister, which endorsed the Strategy. Over 3000 stakeholders were consulted – government representatives and agencies, members of parliament, the private sector, faith-based organizations, non-governmental organizations (NGOs), development partners, farmers’ representatives as well as ordinary Kenyans especially from rural areas who represent the most vulnerable to the adverse effects of climate change, two points are key; the participatory and inclusive nature of the policy formulation process indicated by the different stakeholder/right-holders groups involved and the geographical spread of the participation

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2.2

Conceptual Map of Institutions Performing Key Climate Change Functions in Kenya

Figure:

National Land Commissio n

Ministry of Foreign Affairs

NESC (Cabinet Office)

Climate Change Coordination Unit Sectoral Functions and Lead Agencies

Directorate of Environment

EMCA & Institutions

Ministry of Environment and Natural Resources (MENR)

Meteorological department

Climate Change Secretariat

DRSRS

National Environment Council

Coordinating unit

MENR Institutions

EMCA Institutions

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NEMA

2.3

Key Actors in the Development, Implementation and Monitoring of REDD+

(Climate Change) Policies and Activities in the Country Agency/Organization

Roles

Kenya Wildlife Service (KWS)

-

The lead agency in charge of protected areas and therefore has capacity on inventory and monitoring in protected areas, with a focus on habitat change and wildlife monitoring.

Department of Resource Survey & Remote Sensing (DRSRS)

-

A government agency for natural resource surveys, remote sensing, aerial surveys, vegetation mapping and database development. Given its expertise in time series animal and habitat mapping, it was able to develop a climate change warning system.

Regional Centre for Mapping of Resource (RCMRD)

-

Promotes development and use of geo-information for natural resource management in Eastern and Southern Africa.

ICRAF

-

Undertakes forestry productivity studies in agro-forestry systems.

UNEP

-

Has a unit specialized in deforestation and forest degradation monitoring with a long term interest in particular in Mt. Kenya and Aberdares.

WWF

-

Involve in forest inventory and monitoring in the coastal regions and in monitoring of population changes in Mara and Mau forests.

Forest Action Network (FAN), Green Belt Movement (GBM) Kenya Forest Working Group (KFWG), National Association of Community Forest Associations (NACOFA), Nature Kenya

-

Have been playing critical roles in bringing issues relating to forests to the attention of the public, holding the government accountable on these issues and some like GBM implementing afforestation and reforestation projects. GBM projects on carbon sequestration

MPIDO8

-

This is an indigenous organization working with the Maasai and other indigenous peoples, like the Ogiek, with a mission to promote, facilitate, and create an enabling environment for securing human rights including natural resources rights for sustainable livelihoods. MPIDO has also played a big role in supporting the indigenous peoples in presenting their views to both the Constitution of Kenya Review Commission and the Njonjo Commission.

Environmental Research, Mapping and Information System for Africa (ERMIS)

-

work with communities to establish monitoring protocols in indigenous areas

International partners (World Bank, IUCN, Clinton Foundation,

-

Involved in funding various projects related to Climate change and REDD

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It is the only Indigenous Peoples’ organization which was given an award on human rights advocacy by the National Human Rights Commission of Kenya. MPIDO organized the Africa Regional Summit on Climate Change and Indigenous Peoples in March 2009, which brought together indigenous peoples from 43 countries in Africa. This Summit came up with the Nakuru Declaration which it brought before the Global Indigenous Peoples' Summit on Climate Change held in Anchorage, Alaska in April 2009.

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USAID, Finnish Embassy, European Commission, FAO, UNDP, UNEP, and JICA, DFID and DANIDA Government Ministries (Ministry of Forestry and Wildlife, Ministry of Environment and Mineral Resources, Ministry of Finance, Ministry of Agriculture, Ministry of Energy, Ministry of Development of Northern Kenya & other Arid Lands; Kenya Forestry Research Institute

-

The government strategy is aimed at mainstreaming all interventions on Climate change across all relevant ministries

Kenya Climate Change Working Group (KCCWG)

-

A consortium of civil society organizations involved in climate change whose objective is to advocate for a positive policy and legislative framework that puts into account the effects of climate change on human development focusing on vulnerable sectors of the economy.

Source: Mpido report 2010 by Kimaren. (Quoting from Sources: Kenya’s R-PIN; WB Report 2009 )

2.4

Climate Change and Gender mainstreaming in Kenya

Gender mainstreaming in Kenya has fairly been incorporated almost in all policies courtesy of the pro-active civil societies and other development partner like the UN Women. This anchors the IPCC arguments that disaster affects all irrespective of sex and age. The Kenya constitution 2010 identifies this very strongly and gives the legal map in incorporation of the gender mainstreaming into all sectors of development in Kenya. In the last coalition government, the government of Kenya identified women and youth as a strong pillar social and political development in Kenya.

However, in climate change, little has been achieved. Kimaren, (2010) state that women have sidelined in decision making on matter related to forest and land. In his argument, Kimaren (quoting WHO, 2005) stated that its important to include gender mainstreaming in climate change response activities including sustainable and equitable development and a clear focus on adaptation and mitigation (WHO, 2005).

2.4.1 Summary of relevant policies and frameworks on gender mainstreaming n Kenya Policy/Legislative framework and plans

Gender dimension

Remarks

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UNFCC

Gender responsive

IPCC technical reports

Gender responsive

Hyogo Framework for Action

Gender responsive

MDGS

Gender responsive

East Africa Policy and strategy on Climate Change

Gender responsive

Constitution of Kenya 2010

Gender responsive

-

-

Takes cognizance of vulnerability of esp. Women to climate change impacts in East Africa

-

Entrenched gender equality principle including one-third gender rule Proposed affirmative action as a mechanism to address imbalance and inequalities Established Equalization fund to bridge gaps/minimize disparities between counties Elevated right to a clean and healthy environment to a fundamental freedom in Bill of Rights Committed to international gender-related conventions and obligations under article 2 (6) Anchored on a just and equitable society with a clean and healthy environment or all Failed to tease out gender-specific benefits and involvement in the flagship projects

-

Kenya Vision 2030 National Climate Change Response Strategy (NCCRS) 2010 National Climate Change Action Plan (NCCAP), 2013-2017 National Policy on Gender and Development

Gender Neutral

Provision on gender-balance decision on representation on climate change meetings Adaptation Fund and gender criterion Continued to stress the link between climate change (and vulnerability) and gender Requires a gender perspective in DRR for policies, plans and decision-making Requires mainstreaming of vulnerable groups in DRR MDG 3-women empowerment and equality is expected to reduce their over-dependence on climate sensitive natural resources (products) for energy needs etc

-

Silent on gender specific provisions for adaptation, capacity building ,mitigation and financing

Gender responsive

-

Enumerated gendered benefits accruing from implementation of specific interventions e.g. Modern energy solutions.

Gender responsive

-

The national vehicle for ensuring gender mainstreaming and integration into planning and development

-

Observe one-third gender rule in CFA and other forest managements structures e.g. Board“ that no more than two-thirds of the members are of the same gender” Recognizes women’s critical in labour provision in this sector and promote their involvement

Gender Neutral

Forest Policy

Gender aware

Agriculture Policy

Gender responsive

Agriculture Sector Development Strategy (ASDS) 20p10-2020

Gender neutral

Energy Policy 2004

Gender neutral

-

Does not specify gender specific actions nor related benefits from implementation of the strategy

-

No specific mention of what will be done to eliminate gender disparities with respect to each policy measure

Source: Kenya Forestry Service, 2012

3.0

SUMMARY OF RELEVANT LEGISLATION

Table 1: Summary of Laws and Policies Relevant to the Forestry Sector

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LEGISLATION on LAND TENURE (related to climate change) Law or Policy

Comment

Government Lands Act, Cap. This Act deals with government land which includes forest reserves, other government 280, (revised 1984) reserves, townships, alienated and un-alienated government land and national parks. In this Act, Section 3 gives the President powers, subject to any other written law, to “make grants or dispositions of any estates, interests or rights in or over alienated Government land.� The powers of the President over government land also extend to forest reserves, because these are administered under the government land tenure. This legislation is critical in the REDD+ mechanism with respect to IPs, because most national parks and game reserves are found within IPs ancestral domains.

Trust Lands Act Cap. 288 of The Trust Land Act makes provision for rights in Trust Land and controls the occupation 1962 (revised 1970)9 of land. The Act also sets out the procedures for the setting aside of land for a variety of purposes likely to benefit the persons ordinarily resident in that area or for transfer to the Government. The Government may, by written notice to a council, state that a parcel of land is required to be set apart; compensation shall be paid for this land.

Of particular relevance to forestry is the fact that the Act makes provisions for general conservation, protection and controlled utilisation of trees and other forest products on land, other than gazetted Forest Reserves - essentially forests under communal ownership such as the Maasai Mau and the Naimina Enkiyio Forests. The extend of the deforestation and forest degradation witnessed in the Mau complex, (administered under this Act) raises questions on the reliability and effectiveness of this legal instrument in the protection of forests in communal land.

Local Government Act, Cap. This Act allows Local Authorities to alienate, own and sell land within their jurisdiction 265 (revised 1986) under the Trust Lands Act or to purchase land within the jurisdiction of other local authorities. This was partly the factors contributing to the excision of the Maasai Mau forest.

The Land Adjudication Act, This Act provides for the ascertainment and recording of rights and interests in Trust Cap. 284 of 1968 (revised 1977) land. Land that is adjudicated under this Act is then registered under the Registered Lands Act or the Land (Group Representatives) Act. The Department of Land Adjudication and Settlement of the Ministry of Lands and Settlements is responsible for implementing this Act. This Act has potential implications in the management of forests in that the adjudication officer in declaring specific sections for adjudication is empowered to exclude areas of ecological importance, such as watershed areas and hilltops from being converted into private ownership.

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At independence, all land that was not in private or government ownership became Trust Land, under the control of County Councils to be used for the benefit of the residents of the area (MENR, 1994a).Currently; approximately 78.5% of the total land area in Kenya is Trust Land.

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The Land Adjudication The Bill gives a definition of “customary law” as “the law or custom relating to the (Amendment) Bill of 199910 tenure or user of land observed by the indigenous inhabitants ordinarily resident in the area where the land is situated and of which the person or group of persons concerned form a part”.

This Bill makes an attempt to recognize customary law and give it legal recognition.

This recognition could have implications for forest management in that customary knowledge and institutions could potentially play a greater role in forest management within land held under customary law.

POLICY AND LEGISLATION ON NATURAL RESOURCES Forest Act

The Forests Act, Cap. 385 of 1962 (revised 1982 and 1992) states that a “forest area means an area of land declared under section 4 to be a forest area”. The Act addresses preservation, protection, management, enforcement and utilization of forests and forest resources on Government land.

Water Act, Cap. 372 of 1951 This Act makes provisions, for the conservation, control, allocation and use of water in (revised 1972) Kenya. The Act vests all the water resources in the Government. However, commercialization of water resources has been allowed in Kericho, Eldoret and Nyeri, with the formation of companies and contracts under the Local Government Act (UNCHS, 1998).

In Section 13(1) of the Act, the Minister is empowered to drain swamps which could have adverse effects on forests. Section 14 of the Act gives the Minister power to gazette water catchments in the country. The Water Act is presently under review.

Fisheries Act, Cap. 378 of 1989 This Act contains two provisions relevant to forestry: it regulates trout fishing in forests, and protects fish breeding areas. The latter provision is relevant to mangrove management.

The execution of this Act falls under the Fisheries Department of the Ministry of Natural Resources which has signed a Memorandum of Understanding with the Forest Department for the management of mangrove forests gazetted as Forest Reserves.

Trespass Act, Cap 294 of 1963 This Act confers protection to land owned or occupied by virtue of freehold title, (revised 1982) cultivated or enclosed land, or any forest area. It is relevant to the control of squatters in forest reserves. The effectiveness of this Act is limited by the low penalties imposed for infringement (MENR, 1994).

10

This Bill, that was published on 21st May, 1999, has as its main object to amend the Land Adjudication Act in order to cancel certain title deeds to land which were irregularly registered in the Mosiro and Iloodoariak Land Adjudication Sections in Kajiado Districts.

20

Mining Act, Cap. 306 of 1940 The Mining Act vests all unextracted minerals, (other than common minerals) under or (revised 1987) upon any land, in the Government, which may grant such rights and interests in any other person. The Act also stipulates that on abandonment of an area that has been mined, the license holder shall fill up or secure the area, to the satisfaction of the Commissioner for Mines and Geology, in such a manner as to prevent persons or stock other than dogs or poultry inadvertently entering the shafts, pits, holes and excavations. Failure to secure the land thus shall constitute an offence with a fine of one thousand shillings or imprisonment of a term not exceeding three months.

This Act has implications for forests in that, with the approval of the Minister, mining can be allowed in both gazetted and non-gazetted forest areas. Further, there is no legal requirement for the re-afforestation of the abandoned mining area. For example, quarrying has been going on in the Oloolua Forest Reserve despite protests from communities adjacent to the forest and a court order banning blasting within the forest (Kenya Forest Working Group, 1999).

The Environmental This Act aims at the provision of a framework for integrating environmental Management and Co-ordination considerations into the country’s overall economic and social development. It Act (EMCA) of 1999 specifically aims at harmonising the various sector specific legislations that touch on environment to ensure greater protection of the physical and social environment. The Act emphasizes the principle of public participation and makes attempts at recognising the cultural and social principles traditionally applied by communities in Kenya for the management of natural resources. This may provide a window of opportunity for the enhancement of IKSP, Free prior and Informed Consent (FPIC) and effective participation of IPs. The Wildlife (Conservation and The Act was adopted in 1976 but since then 8 amendments and revisions have been done Management) Act, Cap 376 with the latest being in 1990. The Act was adopted 3 years after Kenya ratified the CITES so it deliberately inbuilt most of CITES recommendations. As provided for in the Act, the process of gazettement and de-gazettement requires parliamentary approval so the heightened level of decision-making and legitimacy of the whole process ensures no grabbing of protected areas.

The Act would be useful in the discussions around Carbon sequestration and REDD+ The Agriculture Act, Cap 318

This Act promotes soil and water conservation and prevents the destruction of vegetation. The Act identifies shifting cultivation or the slash/burn agriculture, as the biggest threat to forest conservation. Under the Act, the Minister can make rules to prohibit, regulate, control clearing of land for cultivation, grazing or watering of livestock thus complementing the Forests Act. Enforcement of the Act has been the biggest problem especially on protection of riverbanks that have been cultivated resulting in soil erosion and heavy silt load on rivers.

21

The Antiques and Monuments The Act has been used for gazettement of areas of historical importance and threatened Act, Cap 215 heritage e.g. the Kayas at the coast have been protected under this Act. Forest management decisions depend on the elders, while other management decisions are vested with NMK. NMK’s mandate does not adequately cover management of forest resources in these sites as most of the Kayas are now under threat from cultivation, charcoal burning and mining International Conventions Relevant For Forestry Signed by Kenya Convention DiversityConvention

on CBD

Biological The Convention on Wetlands of international importance was signed in 1990.

Ramsar

Convention on International The Convention on international trade in endangered species of wild fauna and flora was Trade in Endangered Species – signed in 1979.

CITES United Nations Framework The Convention on Climate Change was signed and ratified by Kenya on 30th August Convention on Climate Change 1994.

– UNFCCC United Nations Convention to Kenya signed this convention in 1994 and ratified it in 1997.

Combat DesertificationUNCCD Source: Mpido report (Kimaren 2010 ) in quoting of “Forest Cover and Forest Reserves in Kenya: Policy and Practice, 1999; Forest Policy, Legal and Institutional Framework Information Sheet, 2009”

22

Climate Change Financing in Kenya Kenya has adopted a climate-resilient green economy pathway to achieve sustainable development by 2030. With a constitution that is sound on environment and related policies, this path and directional cause as a country is supported by numerous legislations and policies that are climate change friendly. The government equate that financing its Climate Change Action Plan will cost US$2.75 billion per year, but so far demand for climate change finance exceeds supply. To realize its bold ambitions, Kenya will need to tap all sources of climate finance available. This is either through multilateral or bilateral agreements especially on green energy as being undertaken in Olkaria. Currently, it is estimated that both public and private sectors from international and domestic sources have invested cumulatively around US$3.2 billion in projects and programmes.

The lack of a climate-specific budget code in line government ministries and agencies makes generating time series data a difficult task.

To date, Kenya has relied on various sources of climate finance, including international public and private sources, domestic public and private sources and carbon finance. Public sources of international finance come from bilateral development partners and multilateral agencies. The Special Climate Change Fund, the Global Environment Facility Trust Fund and the Forest Carbon Partnership Facility Readiness Fund have all disbursed resources to Kenyan projects. Domestic sources of climate finance are funding not less than 35 government-run projects, valued at US$450 million. The Kenyan private sector had invested close to US$150 million in renewable energy projects alone by April 2012, a figure that has probably risen since.11 Most of Kenya funding agencies in climate change are multilateral development partners, who have invested an estimated US$0.9 billion in various projects. These partners include the World Bank and the African Development Bank. The leading bilateral development partners are Agence Française de DÊveloppement (AFD) which has invested more than US$400m, the Danish International Development Agency, the Swedish International Development Cooperation Agency and the UK Department for International Development. Plans are under way to establish a national climate fund in Kenya: the design was completed in 2012. The aim is for the fund to become the

11

Policy briefing on climate change financing in Kenya, April, 2014

23

main recipient of Kenya’s external multilateral and bilateral climate finance and to contribute significantly to scaling up these climate finance flows. Several international banks with Kenyan operations — Barclays, Standard Bank and Bank of Africa — have already established climate finance expertise. Some banks have built partnerships with international organizations (such as International Finance Cooperation and AFD) and NGOs (such as Global Village Energy Partnership International) that facilitate loans by acting as middlemen between firms that want to borrow, and the international organizations.

As earlier mentioned in this report on the establishment of climate change secretariat, one its key responsibility is mainstream climate change funds through the establishment of climate change fund in Kenya. In the offing of the climate change authority bill, the secretariat work will be more legally binding and anchored within the necessary laws. It’s believed that funds mainstreaming across the sector will be monitored by the relevant and the government agencies. Though the current administration is not civil society friendly and is trying all within its ability to regulate the sector, the process is hard to be closely monitored as its receiving resistance from the industry players. According to a survey carried out by the ministry of environment in April 2012, revealed that 43 per cent of total climate finance is spent on mitigation, 48 per cent on adaptation and the remaining nine per cent on projects with both adaptation and mitigation components.

Sources of funding

Intermediaries

International and national public finance

Multilateral banks

International and national private finance

Economic and Financial Instruments

Financial planning systems and institutional arrangement

Uses and users of climate change finance Mitigation

Bilateral agencies

Power purchase agreement

National agencies

Concessional loans

Expenditure and budgetary frameworks, without budget codes Ministry of environment, water and natural resources (coordinating agency)

Guarantees

Adaptation

Government

Development partners

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Carbon finance

National finance institutions

Voluntary climate change finance

Insurance

Private sector

Carbon offset flows

Nongovernmental organization (NGOs)

Grants Concessional loans Capital: equity, debt, financing

Climate Change Actors in Kenya Kenya is highly exposed to climate change and climate variability, Kenya economy directly depend on climatic conditions. In Kenya there is still a lack of coherence in national policy framework on climate change giving room to powerful actors to influence and direct climate change agenda in the country. Many actors in the sector are strategically placing themselves as climate change champions in order to benefit from the anticipated climate funds. This includes both local and international organizations that carry big political portfolios in their countries of origin and with strong backing from their parents’ embassies. The policy formulation process in the climate change spheres in Kenya involves multifarious actors defined by politics, geographical settings, interests, gender and financial resources, since it constitutes the foundation upon which the economy is built. The actors include Government ministries and institutions such as the Ministry of Environment and Mineral Resources (MEMR), Ministry of Agriculture, Ministry of Forestry and Wildlife, the National Environmental Management Authority (NEMA), the Climate Change Coordination Unit (CCCU), and several government parastatals and departments; international Non-Governmental Organizations (NGOs), United Nations (UN) and related bodies; regional NGOs and corporations; national NGOs and Community Based Organizations (CBOs); development partners; the private sector; civil society organizations; and research and academic institutions

25

Climate change actor lack coordinated climate change adaptation planning by the actors. However, over the last few years, as evident with the establishment of climate change units within different agencies- including climate change working group; a caucus of civil society membership,, CCCU, or set up units and departments dealing solely with issues of climate change. The craze for climate change green fund have been thought that being a new niche in Kenya, coordinated efforts would have been encouraged so as to share experiences and emerging knowledge within the new units through communities of practice. Indeed shaped by the actors’ mandate area, salient policy issues on climate change adaptation ought to have been synthesized though rigorous consultation and analyzed for wider sharing and informing national level policy processes.

Being the new global world order as considered in civil society and development partners, climate change has given rise to multiple pieces of legislations and regulations indirectly addressing climate change. This is the case in Kenya as many; both national and county level bills are being generated with the intention of addressing climate change impacts. They include the draft climate change authority bill directly linked to climate change. Notably, other various policy and institutional frameworks have led to weak coordination in basic approaches to the sector and overlapping jurisdictions. The policy incoherence identified at a national level is that while Kenya is remarkably committed to tackling challenges posed by climate change, coordination and management of strategic activities is fragmented between the different actors. This fragmentation has further been compounded by the decentralization as envisaged in the constitution. Many institutions affiliated to environment are becoming extremely paranoid about their operations given that even counties have the regional assemblies able to enact county based laws.

Of many climate change actors, most are based within the Nairobi with their area of operation spread across the country. Many in this category are primers (fund recipient) who in turn subcontract either other local international organizations or local indigenous organization with strong community appeal and structure to implement their activities on their behalf. Many of the donor funding is normally skewed either to sustainable development with a majority as community empowerment through multivariate approaches to agents of change in advocating for the government to act.

26

As discussed, many of the international organization based outside Africa have their operation spilling to Africa either through other sub-grantees or directly though their field offices. Of this include institutions like Food and Agricultural Organization of UN among many. Most of this organization, before the global shift to address climate change have had a big presences and only restructured their operation towards climate change adaptation either through capacity building or coming up with innovative projects like energy saving jiko for cooking. This is due to the shift in donors interest and in order to remain afloat, they comply with their donor long term goals.

27

4.0 Discussion Although Kenya has existing legislation addressing specific issues related to climate change, for instance constitution of Kenya, 2010, the east Africa climate change policy, ratification of the UNFCC framework, the climate change response strategy and an attempt to pass the Climate Change Authority Bill 2012 among others, it has no overarching climate change legislative framework hence the need for more specific policy and legislation are needed. This will effectively acknowledge the severity and potential of climate change impacts and the need to address them12 Although the constitution of Kenya does exclusively discuss climate change response as either a duty of either the devolved government or the national governmental, the governance structure and implementation must be a shared duty of both the national and the county governments. The national government has a primary duty of financing the county governments as well as the protection of the environment, and natural resources. This includes formulation and implementation of environmental policies e.g. Water, irrigation, agriculture, forestry, redd+ policies and as custodian of international convection and treaties. The county governments in their constitutional duty develop the by-laws centered on environment protection and pollution mitigations. The counties develop these strategies through local assembly bills that spell out hefty fines and prosecution for environmental degradations and pollution. Although this may be ill placed as a sources of revenue, its serves the ultimate goal environmental protection (read climate change). The constitution also demands on every person to cooperate to ensure ecologically sustainable development and use of natural resources. Notably, the Constitution places an obligation on the state (national government) to “establish systems of environmental impact assessment, environmental audit and monitoring of the environment.” Devolving of these same services is gradually being undertaken by the county governments.

The constitution also allowed the revision of the Kenya lands tenures. It demands that in the holding, use and management of land must be done “in a manner that is equitable, efficient, productive and sustainable.” The Constitution further guarantees public participation and other socio-economic rights: Public participation is set out as one of the binding values and principles

12

Climate change action plan, Government of Kenya, 2013-2017

28

of the Constitution to be implemented in the governance, management, protection and conservation of the environment. Through this provision in the constitution, it guarantees rights to the effective exercise of participation; access to justice for all; and access to information held by the government. Accordingly, several levels of judicial bodies have been created, including a Specialized Environment and Land Court that are facilitating quick dispensation of justice on land matters. Through the national land commission, land reforms are starting to bear fruit despite the rigorous resistance from the land cartels within the ministry of lands. Other socio-economic rights relevant to climate change responses include the right to a clean environment, health care services, clean drinking water, sanitation and freedom from hunger. IDLO, (May 2012)13 The practice of forestry in the dispensation of the new constitution and devolved governments has seen drastic reduction in public funding for the sector at a time when the sector is still supposed to contribute to socioeconomic development and maintenance of biological diversity, with the participation of local communities and the wider public. More emphasis has been placed on farm forestry, agro-forestry and the community-level management of natural forests. An important question is whether these policy changes have been reflected in how forestry institutions are structured and whether foresters have continued to enjoy broad political support (participation and inclusivity) for their activities like Afforestation in addition to the conservation of soil and water and the protection and conservation of biological biodiversity. The forests in Kenya are still managed at the national level where as the communities around it continues to encroach and becomes the hatcheries of conflict during evictions.

It’s notable that Kenya, being a member of the UNFCC is trying to mainstream climate change in all its development programmes. However, the big chuck of their efforts is being driven towards mitigation programmes as opposed to adaptation. These efforts being carried through inter ministerial subcommittees on climate change with a task of making recommendations for suitable institutional framework, including policy, legal and organizational arrangements. With this kind of arrangement, the relevant government departments will have the primary role of promoting climate change adaptation and mitigation measures. With the debating of the climate change

13

Kenya national climate change action plan enabling policy and regulatory framework output 1:legal preparedness assessment report (draft) ďƒ“ď€ idlo may 2012

29

Authority bill, the work of these departments will further be enhanced and anchored legally and with authority to roll out the adaptation and mitigation programmes.

The Kenya civil society has been branded as one of the most vibrant society in formed a working group and in collaboration with the Kenya Private Sector Alliance, has identified climate change as an issue of concern for healthy investments within the country. With this mindset on threat of the investors, the government of Kenya though these pressures is obliged too invoke all the necessary legal instruments to build investor confidence by going green

30

References

Climate Change Authority Bill 2012 Constitution of Kenya, 2010 East Africa Climate Change Policy Enabling Legislative and Institutional Framework for Climate Change Response in Kenya: IDLO October 2012 Government of Kenya: National Climate Change Strategy, 2010 Kimaren R. 2010, National program and policy analysis on climate change & redd/redd+ in Kenya: an indigenous peoples’ perspective: Mpido Ministry of Forestry and wildlife 2010, final report on drivers of Afforestation in Kenya The Environmental Management and Co-ordination Act No. 8 of 1999

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ACRONYMS

AAI

Action aid International

ACMAD ACTS ATPS ASARECA CGIAR CARE International

Care International

Earth watch Institute Kenya FAO

Food and agricultural organization of the UN

ICRAF IUCN

International Uniuon of Conservation Organisation

Oxfam Red cross WWF Ilkerin loita MPIDO Transparency international

ILEPA

Indigenous Livelihoods enhancement partners

KFS

NDMA

National Drought Management Authority

ACC

Africa conservation centre

Base Camp Foundation

Base Camp Foundation

Climate Network Africa

Climate Network Africa

East Africa wildlife society

East Africa wildlife society

Ecotourism in Kenya

Ecotourism in Kenya

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GDC

The German Development Cooperation

IIN

The Indigenous Information Network

kari

Kenya Agricultural Research Institute

KCCWG

The Kenya Climate Change Working Group

KFS

Kenya Forestry Research Institute

KMD

Kenya Meteorological Department Agroforestry and Swedish Cooperative Centre

33

Inventory of Climate Change Actors in Kenya ORGANIZATION

CONTACTS/URL

COVERAGE

Action aid International

Www.actionaid.org

Kenya, Malawi, and Ghana

ACMAD

Http://www.acmad.ne /en/homepage.htm

Africa (all)

ACTS

Http://www.acts.or.ke /

Eastern and Southern Africa

ATPS

Http://www.africare.o rg/ Http://www.asareca.o rg/

Kenya

CGIAR

Http://www.cgiar.org

Africa- all

CARE International

Www.careinternation al.org www.careclimatechan ge.org Http;//earthwatch.org

Africa- all

Humanitarian- Disaster Risk reduction

Kenya

Environmental projects, Climate change resilience in Samburu, volunteerism Kenya.

ASARECA

Earth watch Institute Kenya

Africa (Kenya included)

RELEVANT FOCUS, E.G. CROP DEVELOPMENT, WATER MANAGEMENT, CLIMATE CHANGE IMPACT IMPACTS, SEASONAL FORECASTING Poverty Reduction National regional and continental meteorological information Food Security, involved in biotech

African Technology Policy Studies Network: Agricultural research for Food Security.

Focus is on new crop varieties Crop research, but also work on vulnerability and adaptation to climate change

CLIMATE CHANGE ADAPTATION STRATEGIES

Integration of disaster risk reduction into schools

Working through networks. Integrating Vulnerability and Adaptation to Climate Change into Sustainable Development Policy Planning and Implementation in Eastern and Southern Africa (20062009); - Community based adaptation to Climate Change (2008- 2011).Work on seed fairs as a response to drought in Kenya Not clearly specified Crop breeding to produce crops resilient to current variability. Moving into climate change adaptation work Climate resilient crops, improved cropping techniques enhancing productivity of water, natural resources management. Each of the CGIAR organizations work in areas very much related to climate change adaptation.

34

ORGANIZATION

CONTACTS/URL

COVERAGE

FAO

Http://www.fao.org/

Global

ICRAF

Http://www.worldagr oforestry.org

Sub-Saharan Africa

IUCN

Http://www.iucn.org

Africa- all

Oxfam

Http://oxfam.org

Africa- (Kenya)

Red cross

Http://www.redcross. org

Kenya

Disaster Relief

Disaster risk reduction and climate change adaptation

WWF

Kimunya Mugo WWF-EARPO, ACS Plaza, Lenana Road P.O. Box 62440-00200 Nairobi Kenya Tel: +254-20-3877355 Fax: +254-20-3877389 Email: KMugo@wwfearpo.or g info@wwfearpo.org Http://www.worldwild life.org

Africa- all

Nature conservation, natural resource management

Protected areas in Africa and specifically marine protection in Kenya and installation of wind and solar power in Lamu county

Narok

Drought cycle management, building response capacity climate risk management

The Ilkerin Loita Integral Development Programme helps Loita Maasai pastoralists prepare for droughts by growing grain and accessing credit.(http://maindb.unfccc.int/public /adaptation/adaptation_case study.pl?Id_project=114)

Ilkerin loita

RELEVANT FOCUS, E.G. CROP DEVELOPMENT, WATER MANAGEMENT, CLIMATE CHANGE IMPACT IMPACTS, SEASONAL FORECASTING Food Security

CLIMATE CHANGE ADAPTATION STRATEGIES

Currently developing an Adaptation Strategy. Relevant activities include conservation agriculture, provision of agro-ecological data, mid-term forecasting and improved water efficiency amongst others Building resilience into agricultural systems, rainwater harvesting techniques, Protected areas in Africa. Have used CRISTAL for some projects

Crop development, water management, land use system design Biodiversity, Protected Areas, Natural Resource Management, People and Livelihoods Livelihoods and disaster Oxfam Kenya working in Northern risk reduction Kenya with pastoralist communities.

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ORGANIZATION

CONTACTS/URL

MPIDO

COVERAGE

RELEVANT FOCUS, E.G. CROP DEVELOPMENT, WATER MANAGEMENT, CLIMATE CHANGE IMPACT IMPACTS, SEASONAL FORECASTING

CLIMATE CHANGE ADAPTATION STRATEGIES

Capacity on community resilience’s on climate change, research and advocacy

Building community capacity on climate change and research, Livelihoods, and governance, human rights- a climate change perspective

Kajiado, Narok, and Baringo county

Transparency international

ILEPA

Http://www.ilepa.org

IUCN

Narok, Kajiado, Philipines

Kenya

KFS National Drought Management Authority (NDMA)

Nairobi

Africa conservation centre (ACC)

Email: acc@acc.or.ke.

Url: Http://www.conservat ionafrica.org

Kajiado and Narok

Base Camp Foundation

www.basecampexplor er.com, www.basecampfound ation.org

Maasai Mara

The core mandate of the NDMA is to exercise general supervision and coordination over all matters relating to drought management in Kenya, and to be the principal Instrument of Government in ensuring the delivery of all the policies and strategies that relate to drought Management and climate change adaptation The Foundation provides a link between non-economic (people and planet) and

36

ORGANIZATION

CONTACTS/URL

COVERAGE

RELEVANT FOCUS, E.G. CROP DEVELOPMENT, WATER MANAGEMENT, CLIMATE CHANGE IMPACT IMPACTS, SEASONAL FORECASTING economic activities of the Basecamp Explorer.

CLIMATE CHANGE ADAPTATION STRATEGIES

Climate Network Africa

Grace Okumu Climate Network Africa, Wood Avenue, Kilimani, P.O. Box 76479-00508, Nairobi, Kenya Tel: 254-203864040/2035298 Fax: 254-20-3873737 Email: cnaf@cnaf.or.ke Website: http://cnaf.or.ke

Kenya

to lobby and advocate for relevant policy on Climate Change related issues in Africa.  Network has changed its strategy and focus and expanded its horizon to encompass other Climate Change issues such as sustainable agriculture, renewable energy, gender, water and sanitation as well as environmental impact assessment and energy audit with the objective of addressing vulnerability, impacts, adaptation and sustainable development.  facilitates communication among policymakers, scientists, researchers, development agencies, NGOs and Community Based

Adaptation 1. De-silting and Rehabilitation of Ayieye-Nyamaroka Earth Dam: A Local Community Adaptation to Climate Change and Sustainable Development Strategy, Nyakach District. Partners: Nyamaroka Community, Ministry of Water and Irrigation, Lake Victoria South Water Services Board, K-Rep Bank and Climate Network Africa.

2. Composite Projects Involving Desilting and Rehabilitation of Soko and Kokwang’ Earth Dams. A Local Community Adaptation to Climate Change and Sustainable Development Strategy. Status: Seeking financial support.

Mitigation 1. Prototype Eco-Village as a Vehicle for Sustainable Urban Development and Reduction of Greenhouse Gas Emissions — A Poverty and Slum Control Strategy -Kisumu City Council.

Status: Seeking financial support.

2. Feasibility Study for Methane Gas Capture at Dandora Landfill Site: A Greenhouse Gas Reduction and Sustainable Development Project, Dandora, Nairobi City Council. Status: Seeking financial support.

3. Nyakach Re-afforestation Project: The project goal is to restore degraded forest areas

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ORGANIZATION

East Africa wildlife society

Ecotourism in kenya

The German Development Cooperation (GDC)

CONTACTS/URL

Nigel Hunter The East African Wild Life Society P O Box 20110-00200 Nairobi, Kenya Tel: + 254 ( 20 ) 3874145 Fax: + 254 ( 20 ) 3870335 e-mail: info@]eawildlife.org.

Edith Alusa-Bosire Ecotourism Kenya P. O. Box 1014600100, Nairobi, Kenya Tel: 254-20-2724403 Fax: 254-20-2724755 Cell phone: 0722 609350 Email:ceo@ecotourism kenya.org Website: www.ecotourismkeny a.org Contact Ms Regine Hess Deputy Permanent Representative to

COVERAGE

RELEVANT FOCUS, E.G. CROP DEVELOPMENT, WATER MANAGEMENT, CLIMATE CHANGE IMPACT IMPACTS, SEASONAL FORECASTING Organizations (CBOs) in order to increase participation of African NGOs and CBOs in national and international policy negotiations that are related to global warming

CLIMATE CHANGE ADAPTATION STRATEGIES

Kenya

In essence, EAWLS work falls into four categories: • Coastal areas • Water • Wetlands • Forests

Inherent in this work is training, capacity building, awareness creation, lobbying and advocacy

Kenya

Ecorating Certification Scheme

in Nyakach and KasipulKabondo districts by enhancing forest cover through planting of trees and fruit tree seedlings including sinking of boreholes for domestic water needs.

Status: Seeking financial support.





Kenya

Livelihoods, capacity building

This is a voluntary scheme that covers accommodation facilities and basically advocates for the sustainable use of resources to reduce negative impacts on the environment and to use the dwindling resources in a more equitable manner.

Involvement of local communities in tourism ventures as an integral part of the tourism sector.

The German Development Cooperation (GDC) through the German Technical Cooperation (GTZ) currently supports four initiatives in Kenya that contribute

38

ORGANIZATION

The Indigenous Information Network (IIN)

Kenya Agricultural Research Institute

CONTACTS/URL

UNEP and UNHABITAT German Embassy Nairobi Riverside Drive 113 P.O. Box 30180 00100 Nairobi direct: +254-204262223 switchboard: 20-4262100 mobile: +254-714-636955 e-mail: pol4@nair.diplo.de Edna Kaptoyo Programmes Officer Indigenous Information Network Nairobi, Kenya Website: www.indigenous-infokenya.org Email: iin@iin.co.ke Tel: +254-0202499388; +254-0202499389 Cellphone: +254722914614 :+254721845096 Dr Jane Wamuongo Assistant Director, Natural Resource Management Programme, Kenya Agricultural Research Institute Kaptagat Rd, Loresho, P.O. Box 57811, City Square, NAIROBI, 00200, Kenya

COVERAGE

RELEVANT FOCUS, E.G. CROP DEVELOPMENT, WATER MANAGEMENT, CLIMATE CHANGE IMPACT IMPACTS, SEASONAL FORECASTING

CLIMATE CHANGE ADAPTATION STRATEGIES

to Climate Change mitigation and adaptation.  The energy-saving stoves project and Biogas.  Public Private Partnership (PPP) on Climate Change Adaptation and Mitigation in the Kenyan Coffee Sector.  Public Private Partnership (PPP) on Adaptation for Smallholders to Climate Change in the Kenyan Tea Sector RegionalFocusing on marginalized Counties in Kenya

National

Indigenous people

Scientific research and incubation



Raise awareness on climate change and its impact on livelihoods of indigenous peoples and communities at local, national and international levels.



Educate communities on climate change; get information on what changes they have experienced over time and the impact of climate change on their livelihoods.

Currently, KARI is addressing these challenges through research and technology development and community engagement in activities geared towards:  Integrated ecosystem management;  Understanding perceptions and adaptations strategies to Climate  Change in semi-arid areas;

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ORGANIZATION

CONTACTS/URL

COVERAGE

RELEVANT FOCUS, E.G. CROP DEVELOPMENT, WATER MANAGEMENT, CLIMATE CHANGE IMPACT IMPACTS, SEASONAL FORECASTING

CLIMATE CHANGE ADAPTATION STRATEGIES



Tel No(s): +254-0204183720, 4183301-20 Fax: +254-0204183344 Email: jwwamuongo@kari.or g

         

The Kenya Climate Change Working Group

Joseph Mutemi Ngondi Projects Officer Kenya Climate Change Working Group Cell: 0720 721 860 Email: jngondi@kccwg.org, info@kccwg.org Website: www.kccwg.org

National

Capacity building, advocacy and research







Soil carbon (C) sequestration through crop land management; Grazing land management; Restoration of organic soils and degraded lands; Study of bio-energy options; Water management; Breeding biotic and abiotic stresses such as in the Water Use Efficient Maize for Africa project that uses biotechnology-mediated plant breeding techniques to select maize varieties which are able to use water efficiently and thrive in drought conditions; Producing vaccines for emerging livestock diseases; Conservation of plant genetic resources;

Advocate for a positive policy and legislative framework that puts into account the effects of Climate Change on human development Support civil society organizations and the Government of Kenya to participate meaningfully in the Climate Change debates at the international level, including Conferences of Parties (COP) Strengthen the civil society to campaign for good policies and actions that are designed to help Kenya’s poor adapt to Climate Change

40

ORGANIZATION

CONTACTS/URL

COVERAGE

Kenya Forestry Research Institute

Mr William Omondi Ass Director & Climate change Focal Point Kenya Forest Service P.O. Box 30513-00100 Nairobi, Kenya Tel: +254 20 3754904/5/6 Fax: + 254 20 3764249

National

RELEVANT FOCUS, E.G. CROP DEVELOPMENT, WATER MANAGEMENT, CLIMATE CHANGE IMPACT IMPACTS, SEASONAL FORECASTING Research, collaborations and policy development frameworks

CLIMATE CHANGE ADAPTATION STRATEGIES

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Kenya Meteorological Department

Contact: Dr Charles Mutai Kenya Meteorological Department P.O. Box 30259 00100 NAIROBI Tel: +254 3867880/3876957 Fax: + 254 3876955 Mobile: +254 722 856 452 Email: mutai@meteo.go.ke, cmut02@yahoo.com

National

Agroforestry and Swedish Cooperative Centre

Bo lager and Ylva Nyberg SCC-Vi Agroforestry SCC &

Nyanza-Kenya

Research, policy, and trainings, and disaster monitoring and early warning systems

Undertaking studies in modeling carbon sequestration, monitoring species pollination trends and developing species that will withstand the anticipated low rainfall regimens particularly in the dry lands. These results will be of great use in developing adaptation strategies for sustainable forest management.

Forefront in international negotiations that call for policies that ensure commitments towards Reducing Emissions from Forests Deforestation and Degradation (REDD).

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Charged with maintenance of a network of weather and climate observatories that carry out systematic observations of data for different applications. Apart from operational forecasting and its applications, this information is used for Climate Change monitoring, detection and attribution especially in terms of the trends and occurrence of severe weather and extreme climate events. The information is also useful for supporting research towards improved understanding, modeling and prediction of the climate system.

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Developing a new methodology for soil and agricultural carbon

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ORGANIZATION

CONTACTS/URL

Vi Agroforestry Regional Office for Eastern Africa Lower Kabete / Ngecha Road P.O. Box 45767 – 00100 Nairobi, Kenya Phone: +254-20- 4180 201 /4180237 / 4184480 Fax: +254 2 580 4180 277 info@sccroea.org

COVERAGE

RELEVANT FOCUS, E.G. CROP DEVELOPMENT, WATER MANAGEMENT, CLIMATE CHANGE IMPACT IMPACTS, SEASONAL FORECASTING

CLIMATE CHANGE ADAPTATION STRATEGIES

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Western Kenya Smallholder Agricultural Carbon Finance Project on “Trees sustain life” Farmers are deriving additional revenues far exceeding the value of carbon revenues through increased and diversified food supply by using SALM practices, increased and diversified production of marketable agricultural and agro-forestry products as well as improved capacity of farmers in accessing information and developing markets.

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