REPUBLIC OF KENYA

Public Disclosure Authorized

MINISTRY OF AGRICULTURE, LIVESTOCK, FISHERIES & IRRIGATION (MoALFI)

STATE DEPARTMENT FOR FISHERIES, AQUACULTURE & BLUE ECONOMY (SDFA-BE)

Public Disclosure Authorized DRAFT FINAL ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK

Public Disclosure Authorized

KENYA MARINE FISHERIES SOCIO-ECONOMIC DEVELOPMENT PROJECT (KEMFSED)

Public Disclosure Authorized

JUNE 2019 ENVIRONMETAL AND SOCIAL MANAGEMENT FRAMEWORK

KENYA MARINE FISHERIES SOCIO-ECONMIC DEVELOPMENT PROJECT (KEMFSED)

Prepared by 019

IN JOINT VENTURE WITH

<< ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) >>

TABLE OF CONTENTS LIST OF TABLES ...... iv LIST OF FIGURES ...... iv LIST OF ABBREVIATIONS ...... vii DEFINITION OF TERMS ...... ix EXECUTIVE SUMMARY ...... xi 1. INTRODUCTION ...... 1 1.1. Background ...... 1 1.2. Environmental and Social Management Framework ...... 2 1.2.1. Rationale for ESMF ...... 2 1.2.2. Objectives of the ESMF ...... 2 1.2.3. Environmental and Social Due Diligence Principles ...... 2 1.2.4. ESMP Preparation Approach ...... 2 1.2.5. ESMF Components and Structures ...... 6 2. PROJECT DESCRIPTION ...... 6 2.1. Project Development Objectives (PDO) ...... 7 2.2. Project Geographic Scope ...... 7 2.3. Project Beneficiaries ...... 8 2.4. Project Funding ...... 9 2.5. Project Components ...... 9 2.6. Project Implementation Arrangement ...... 16 3. LEGAL AND REGULATORY FRAMEWORK ...... 21 3.1. Legal and regulatory Frameworks ...... 21 3.2. Institutional Policies ...... 29 3.3. Consultations/Stakeholder and Public Participation ...... 30 4. BASELINE ENVIRONMENTAL AND SOCIAL CONDITIONS ...... 33 4.1. Description of Environmental Baseline ...... 33 4.1.1. Physical Environment ...... 33 4.1.2. Biological Environment (fauna) ...... 40 4.1.3. Biological Environment (flora) ...... 45 4.1.4. State of Forests and Tree Cover ...... 49 4.2. Poverty Reduction and Employment Creation ...... 51 4.2.1. Livelihood Improvement Initiatives...... 51

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4.2.2. Empowerment Opportunities in Ecotourism and Nature Based Enterprises ...... 51 4.2.3. Status of Partnerships and Stakeholders Engagement ...... 51 4.2.4. Forest products industry and trade ...... 51 4.3. Forest Nature-based Projects ...... 53 4.4. Description of Social and Economic Environment ...... 54 4.4.1. Population Demographics ...... 54 4.4.2. Access to basic civic facilities ...... 56 4.4.3. Level of Income and Poverty ...... 60 4.5. Gender Analysis ...... 65 4.5.1. Introduction ...... 65 4.5.2. Fishing ...... 65 4.5.3. Gender Based Violence ...... 66 4.5.4. Poverty and coping strategies ...... 69 4.5.5. Vulnerable and Marginalized Community Members ...... 71 4.5.6. Early Marriages ...... 72 4.5.7. Gender and Seaweed farming ...... 73 4.5.8. Women’s Land and Property Rights ...... 73 5. WORLD BANK SAFEGUARDS POLICIES TRIGGERED ...... 75 5.1. World Bank Safeguards policies ...... 75 5.2. World Bank’s Safeguards Triggered by KEMFSED ...... 80 5.3. Environmental Assessment process for KEMFSED ...... 81 6. POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS ...... 82 6.1. Potential Key Environmental Impacts ...... 82 6.2. Potential Key Social Impacts ...... 82 6.3. Measures to Manage Environmental and Social Impacts ...... 83 7. ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORING PLAN, INCLUDING THE INSTITUTIONAL ARRANGEMENTS FOR THE PROJECT IMPLEMENTATION AND SUPERVISION ...... 86 8. CAPACITY DEVELOPMENT FOR ENVIRONMENTAL MANAGEMENT AND MONITORING ...... 102 8.1. Capacity Strengthening for ESMF Implementation ...... 102 8.2. Environmental and Social Management Process ...... 103 8.3. Examples of Impact Mitigation Plans ...... 105 8.4. Stakeholder Capacity Building ...... 106 8.5. Monitoring ...... 106

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9. GRIEVANCE REDRESS MECHANISM ...... 108 9.1. Purpose ...... 108 9.2. Principles of GRM ...... 109 9.3. Definition and Types of Grievance ...... 110 9.4. Grievance Redress Guidelines ...... 111 9.5. Implementing the GRM ...... 114 10. COMMUNICATION, CONFLICTS AND GRIEVANCES HANDLING MECHANISMS 116 10.1. Introduction ...... 116 10.2. Community Mobilization and Participation ...... 116 11. PROJECT MONITORING AND EVALUATION ...... 118 12. PROCEDURES FOR PREPARATION, REVIEW, CLEARANCE, AND IMPLEMENTATION OF SUB-PROJECT SAFEGUARD INSTRUMENTS ...... 120 12.1. Environmental Assessment (OP 4.01) ...... 120 12.2. Natural Habitat (OP/BP 4.04) ...... 121 12.3. Forests (OP 4.36) ...... 121 12.4. Physical Cultural Resources (OP/BP 4.11) ...... 121 12.5. Indigenous Peoples (OP/BP 4.10) ...... 121 12.6. Involuntary Resettlement (OP/BP 4.12) ...... 121 13. PUBLIC CONSULTATION AND DISCLOSURE ...... 124 13.1. Stakeholder Consultations and Disclosure ...... 124 13.2. Summary of the Stakeholder Consultations ...... 125 REFERENCES ...... 128 Annex 1: Proposed Terms of Reference for an ESIA/ESMP ...... 129 Annex 2: Contents of the Environmental and Social Impact Assessment Report ...... 132 Annex 3: Field Environmental and Social Monitoring Checklist ...... 135 Annex 4: Minutes of the Consultations meetings ...... 148 Annex 5: Consultation Pictures ...... 165 Annex 6: List of Key Informants Interviews ...... 172 Annex 7: Chance Finds Procedures ...... 175 Annex 8: Procedures for Inclusion in the Technical Specifications of Contracts ...... 176 Annex 9: Forest Nature-based Projects ...... 180 Annex 10: List of Participants Consulted ...... 187 Annex 11: Environmental and Social Management Plan Checklist and Format for Low-risk Topologies ...... 188

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Annex 12: Guidelines on the application of Integrated Pest Management (IPM) principles for KEMFSED activities ...... 198 Annex 13: Minutes of Disclosure Workshop ...... 202

LIST OF TABLES

Table 1: List of stakeholder consultation meetings and venue ...... 3 Table 2: Cost Estimates of KEMFSED project ...... 9 Table 3: Summary of Roles and Responsibilities for KEMFSED Implementation ...... 19 Table 4: The benefits of effective participation for different groups ...... 32 Table 5: List of some of the sandy beaches in the targeted five (5) counties ...... 40 Table 6: Kenya marine protected areas ...... 43 Table 7: List of TERRESTRIAL FAUNA SPECIES in the Kenyan coast ...... 44 Table 8: Mangroves forest in the five KEMFSED targeted counties of the Kenyan coast ...... 46 Table 9: State of Forests in The Coast Counties And Seedling Production ...... 49 Table 10: Summary Of Species Outcomes For The Kenyan Coastal Forests Hotspot (Adapted From CEPF, 2003) ...... 50 Table 11: Coverage and legal status of terrestrial forests within the coastal counties of Kenya ...... 51 Table 12: Summary of population in Kenya coast respective counties and age in % age ...... 54 Table 13: Percent of individuals below poverty line in 5 counties ...... 61 Table 14: Summary of the Local Heritage and Historical Sites ...... 64 Table 15: VMGs Consulted ...... 71 Table 16: The Table below summarizes the World Bank’s Safeguards Policies ...... 75 Table 17: Safeguard polices to be triggered by project investments ...... 80 Table 18: Potential Key Environmental Impacts ...... 82 Table 19: Potential Key Social Impacts ...... 82 Table 20: Summary of Adverse Impacts and Mitigation Measures ...... 83 Table 21: Environmental and Social Management Process ...... 86 Table 22: Type of Training and Target Groups...... 102 Table 23: GRM Principles ...... 109 Table 24: Operational Safeguards Policies Triggered by the Project ...... 120 Table 25: summary of key issues raised in the consultation meetings ...... 125

LIST OF FIGURES Figure 1: Stakeholders Consultations in Kwale County 5 Figure 2: Stakeholders Consultations and Interactive discussions with potential project beneficiaries 6 Figure 3: Project beneficiary counties 8 Figure 4: KEMFSED Project Theory of Change 10 Figure 5: Drainage and Elevation Map 34 Figure 6: Ozi bridge destroyed by floods associated with the KENGEN managed dams upstream 35 Figure 7: Location of Collapsed Ozi bridge in Ozi Village, Kipini, Tana Delta, Tana River 35

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Figure 8: Rainfall GIS Map 36 Figure 9: Soil distribution map in Coastal Kenya 38 Figure 10: Geology distribution map 39 Figure 11: Fish Landing Sites within Lamu County 41 Figure 12: GIS Maps showing Lamu County Fishing grounds Mangrove cover and landing sites 42 Figure 13: prawns lake conservation group engaging in eco-tourism and restaurant in watamu 45 Figure 14: Mangroves Forest in Mtwapa Creek 46 Figure 15: KFS Coastal Conservancy 47 Figure 16: Mangroves forest and seedlings in Mtwapa Creek in Mombasa County 48 Figure 17: tree species in Arabuko Sokoke forest 50 Figure 18: Salt mining in Magarine, Kilifi County 55 Figure 19: Coconut Trees in Farms in Kilifi county 56 Figure 20: Transport Infrastructure distribution in the five (5) project counties 58 Figure 21: Donkey as a means of transporting items 59 Figure 22: Education institutions and health facilities distribution in the five (5) project counties 60 Figure 23: Fish Ponds activity by Mtwapa BMU in Mombasa county. 61 Figure 24: Some of the Fish Species Caught by the Fishermen In Lamu County 62 Figure 25: Mwaembe BMU in Kwale and Kuruwitu BMU in Kilifi County in consultation meeting. 63 Figure 26: Heritage and historical site managed by the National Museums of Kenya 64 Figure 27: Fish landing site in KuruWitu and Women Involved in Value Chain 66 Figure 28: Activities Undertaken in Project Area 71 Figure 29: Discussions with the Watha, Aweer and Saanye Communities 72 Figure 30: Discussions with Kibuyuni Seaweed women group and sea weed at the drying beds 73 Figure 31: GRM Framework 112 Figure 32: Schematic sub-project preparation and clearance community to county 123 Figure 33: FGDs with Kidongo BMU, Mombasa County 165 Figure 34: Meeting with Al Hud-Hud Women Group at a Mosque Hall in Shanzu, Mombasa County 165 Figure 35: Consultation with Bodo BMU, Washirazi , Kwale County 166 Figure 36: Community consultations at Kibuyuni, Kwale County 166 Figure 37: Meeting with Wakifundi VMGs in Mkwiro Island, Kwale County 167 Figure 38: Consultations with Waata men, Dabaso in Kilifi County 167 Figure 39: Meeting with Waata Women, Dabaso, Kilifi County 168

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Figure 40: Consultation with Marrereeni BMU in Kilifi County 168 Figure 41: Consultation with Waata men in Marereni, Kilifi County 169 Figure 42:Baraka Chembe, Kilifi County 169 Figure 43: Consultations with Aweer Saanye women in Mukowe, Lamu County 170 Figure 44: Consultations with Aweer Saanye Meen in Mukowe, Lamu County 170 Figure 45: Consultations with community in Ozi Village, Kipini, Tana Delta, Tana River County 171 Figure 46: Types of crops grown in Kipini, Tana Dealta, Tana River County 171

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<< ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) >> LIST OF ABBREVIATIONS

AIGAs Alternative Income Generating Activities AFIPEK Association of Fish Processors and Exporters in Kenya BMU Beach Management Units CDA Coastal Development Authority CBOs Community-Based Organizations CDF Constituency Development Fund CDDO Community-Driven Development Organizations CPSC County Project Steering Committee CPCU County Project Coordinating Unit CMA Co-Management Area CoK Constitution of Kenya CTAC County Technical Advisory Committee DS Development Service DPs Displaced Persons EEZ Exclusive Economic Zone ESIA Environmental Social Impact Assessment ESMF Environmental and Social Management Framework ESMS Environmental and Social Management System ESS Environmental and Social Standard ESMMP Environment and Social Mitigation and Monitoring Plan EMCA Environment Management and Coordination Act ESMP Environmental and Social Management Plan FGD Focus Group Discussions FI Financial Intermediary FPIC Free, Prior and Informed Consent FAO Food and Agriculture Organization of the United Nations FIPs Fishery Improvements Plans FIMS Fishery Information and Monitoring System FMPs Fishery Management Plans GoK Government of Kenya GRM Grievance Redress Mechanism GIS Geographical Information System IBRD International Bank for Reconstruction and Development IDA International Development Association IPM Integrated Pest Management IVM Integrated Vector Management ILF Inter-community Learning Forum IPF Investment Project Financing IUU Illegal, Unreported, and Unregulated JCMAs Joint Co-Management Areas

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KAPAP Kenya Agricultural Productivity and Agribusiness Project KCDP Kenya Coastal Development Project KCSAP Kenya Climate Smart Agriculture Project KeFS Kenya Fisheries Service KEMSFED Kenya Marine Fisheries and Socio-Economic Development KMFRI Kenya Marine Fisheries Research Institute NCBMU Network of Coastal Beach Management Unit NPSC National Project Steering Committee NPCU National Project Coordinating Unit NPIU National Project Implementation Unit OHS Occupational Health and Safety OP Operational Policy PCU Project Coordination Unit PF Process Framework PDO Project Development Objectives PIU Project Implementation Units PTAC Project Technical Advisory Committee RHA Risk Hazard Assessment RPF Resettlement policy framework SA Social assessment SEP Stakeholder Engagement Plan SESA Strategic Environmental and Social Assessment SDFA-BE State department for fisheries, Aquaculture and blue economy TTMs Thematic Team Members TL Team Leader TA Technical Assistance VMGP Vulnerable and Marginalized Plans VMGF Vulnerable and Marginalized group framework VSLA Village Savings and Loans Associations WB World Bank WWF World Wildlife Fund

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<< ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) >> DEFINITION OF TERMS

Direct impacts An effect on the environment brought about directly by the KEMFSED. Disclosure Information availability to all stakeholders at all stages of the development of projects. Environment Physical, biological and social components and processes that define our surroundings. Environmental A comprehensive analysis of the project and its effects (positive and negative) and Social Impact on the environment and a description of the mitigative actions that will be Assessment carried out in order to avoid or minimize these effects. This is submitted as a (ESIA) project report and it is not advertised in the local newspapers and Kenya Gazette. Environmental The process of examining a project on a regular basis to ensure that it is in Monitoring compliance with an Environmental Management Plan (EMP), or the Government of Kenya (GoK) Environmental Impact Assessment (EIA) certification of approval conditions and / or environmental prescriptions. Impact A positive or negative effect that a project has on an aspect of the environment. Indirect impact A positive or negative effect on the environment, which is not a direct result of the project, often produced away from the project area. Involuntary The forceful loss of land resources that requires individuals, families and / or resettlement groups to move and resettle elsewhere. Lead Agency The agency with primary responsibility for the protection of the environment. For instance, the lead agency for environment matters in Kenya is the National Environment Management Authority (NEMA). Mitigation The actions identified in an EIA to negate or minimize the negative measures environmental impact that a project may have on the environment. Negative Impact A change which reduces the quality of the environment (for example, lessening species diversity or diminishing the reproductive capacity of an ecosystem, or damaging health or property or by causing nuisance). The potential adverse impacts of the project fall under two broad categories of bio- physical and socio-economic environments. Neutral Impact A change which does not affect the quality of the environment. Positive Impact A change which improves the quality of the environment (for example by increasing species diversity; or improving the reproductive capacity of an ecosystem; or removing nuisances; or improving amenities). Project Affected A person affected by direct economic and social impacts caused by: a. the Persons involuntary taking of land resulting in (i) relocation or loss of shelter; (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location; b. involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. Project and sub- A set of planned activities designed to achieve specific objectives within a project given area and time frame. Project Brief A document submitted to NEMA to initiate the process that will lead to the issuance of the EIA certificate of approval. Proponent Person or organization – proposing to undertake a new project or expand an existing project under the KEMFSED.

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Scoping The initial stage in an environmental assessment that determines the likely major environmental parameters that will be affected and the aspects of the project that will bring upon these effects Screening An initial step when a project is being considered for environmental assessment. The screening is the determination of the level of assessment that will be conducted. Significant effect An important impact on an aspect of the environment Stakeholder Any person or group that has an interest in the project, and the environmental effects that the project may bring about.

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<< ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) >> EXECUTIVE SUMMARY

Background 1. Kenya Marine Fisheries and Socio-Economic Development Project (KEMFSED) aims to attain economic benefits from the coastal and marine resource. The Project Development Objective is to improve management and increase value addition of priority fisheries and aquaculture, and to strengthen access to livelihoods for coastal communities in Kenya. The project will be implemented by the Government of Kenya (GoK) through the State Department for Fisheries, Aquaculture and the Blue Economy (SDFA&BE) in support by the World Bank. The coastal and marine space on which a blue economy is potentially founded contains a myriad of different uses, some currently destructive or unsustainable, while others are renewable, some mutually exclusive and others compatible. Project Geographic Scope 2. The KEMFSED Project will cover five (5) counties along the Coast that touch the shores of Indian Ocean. These counties have been selected to be beneficiaries for the project namely Kwale, Mombasa, Kilifi, Tana River and Lamu. Rationale of ESMF 3. Sub-projects that will be financed under the KEMFSED have not been clearly identified at this stage, thus, the ESMF provides a general impact identification framework to assist project implementers to screen the projects and put in place sound measures to mitigate significant environmental and social impacts. This ESMF applies to all sub projects to be financed under KEMFSED. Environmental and Social Due Diligence Principles 4. This ESMF seeks to establish a process of environmental and social screening which will permit the institutions in charge of the implementation of the sub-projects to identify, assess and mitigate the environmental and social impacts of sub project investments. The ESMF also determines the institutional measures to be taken during the program implementation, including those relating to capacity building. ESMF Preparation Approach 5. The approach used are in-depth literature review/desk review, stakeholder’s consultations at County level consultations, Sub-County level consultations, Community Level consultations, focused group discussions with opinion leaders, key informant interviews with experts (expert or peer reviews) and consultation at Regional and National level. Stakeholders consulted are local communities, local fishers Beach Management Units (BMUs), Community Based Organizations (CBOs), Non-governmental Organizations (NGOs), research, conservation groups and relevant state and non-state institutions at county and national level.

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Project components: 6. The Project components have been designed to fit within Kenya’s broader Blue Economy framework and the ongoing devolution process. The components and sub-components were refined and regrouped to improve focus, flow, integration and better balancing of hard/infrastructure aspects with soft/technical assistance, training and capacity building aspects. Figure 1: KEMFSED Project Theory of Change

Component 1 –Governance and Management of Marine Fisheries. 7. This will focus on improving the management of marine fisheries in Kenyan waters. a) Sub-component 1.1: Enhanced governance of marine fisheries and blue economy. This sub- component will focus on improving fisheries governance and management, reviewing fisheries policy and related legislation, and strengthening monitoring and surveillance. The sub-component will also focus on research needed to strengthen the management of marine fisheries, including the development of an efficient Fishery Information and Monitoring System (FIMS) that will facilitate access to information for effective fishery management. Where identified, priority fisheries will be targeted for specific interventions in line with Fishery Improvements Plans (FIPs), with the aim of transitioning these fisheries towards improved management thereby ensuring sustainable long-term benefits to relevant communities. The project will also support the development of National Plans of Action for sharks, birds and Illegal, Unreported, and Unregulated (IUU) fishing. b) Sub-component 1.2: Improve management of nearshore fisheries. This sub- component will strengthen the management of nearshore fisheries and the

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implementation of Fishery Management Plans (FMPs). In synergy with national FMPs for priority fisheries, new Joint Co-Management Areas (JCMAs) will be developed, and the management of existing ones strengthened. The project will also support the implementation of Co-Management Area (CMA) including implementation of Monitoring, Controlling, and Surveillance (MCS) strategies and the provision of required equipment and technical support for MCS. c) Sub-component 1.3: Infrastructure development for fisheries management. This sub-component comprises infrastructure development specifically aimed at supporting the management of fisheries at both the national and county level. Specifically, its includes an office building for the Kenya Fisheries Service (KeFS) in Nairobi, and the National Marine Resources and Training Centre in Kwale County. Examples of potential fisheries infrastructure could include upgrading of county fisheries offices, and expansion of the Mombasa Bandari Maritime Training College. Component 2 – Coastal Community Empowerment and Livelihoods. 8. This component will focus on strengthening the livelihoods of poor households in coastal communities, both as an end in itself, and to facilitate fishers to comply with fisheries management measures. A holistic approach, targeting complementary livelihood development, will be pursued, in part through the development of strategic partnerships with new or existing commercial enterprises applying agriculture or aquaculture contract farming schemes benefiting smallholder producers. More broadly, small-scale livelihood sub-projects, implemented by individual (micro) or small enterprise groups, will be supported through a combination of grant provision, technical assistance, and enterprise and skills training. a) Sub-Component 2.1: Enhance Coastal Community Livelihoods. This sub- component includes a grant fund providing financial support to eligible beneficiaries through three distinct channels: i) Livelihood grants for subprojects by eligible small- scale coastal producers; ii) Grants for social and environmental (natural capital) community sub-projects; and iii) Capital injection grants to village savings and loans (VSL) groups. b) Sub-Component 2.2: Support Services for Livelihood Enhancement and Capacity Development. Implemented by the individual counties, this sub-component will provide a package of support services and capacity-building to beneficiary groups needed to deliver, and complement, the activities implemented under sub-component 3.1 including: i) Service and Technical Assistance (TA) provision to identify grant recipients and support preparation, management and oversight of sub-projects; ii) Provision of enterprise & skills training to grant recipients and other micro-enterprises; iii) Village Savings and Loans (VSL) program; and iv) Scholarships for formal skills, vocational training, and academic education. Component 3 – Project Management. 9. This Component 3 will finance supplemental support for project management at both national and county levels to ensure coordinated and timely execution of project activities.

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Specifically, it will support project oversight and coordination including facilitation of a National Project Steering Committee (NPSC) and Project Technical Advisory Committee (PTAC); establishment and operation of a Project Coordination Unit (PCU) at the national level, and Project Implementation Units (PIUs) at the county-level, including the provision of equipment; fiduciary management, including external/internal audits and accounting; quality control and assurance systems; environmental and social safeguards management; and technical audits as needed. The component will also finance the preparation and implementation of a communications strategy, and the implementation of a Monitoring and Evaluation. (M&E) system, which will need to be implemented to capture data on physical and financial progress, performance of the implementing agency and other entities/service providers, and the results achieved in terms of outputs and outcomes. In addition, it will support the creation of a Grievance Redress Mechanism and ensure citizens engagement. Project Beneficiaries 10. The project will provide a holistic response to a set of dynamic issues that poor and vulnerable coastal fishing communities face. The project target groups of beneficiaries are the fishers and poor and extremely poor fisheries-dependent households in 5 coastal counties. Social inclusion as a principle of project implementation will incorporate the vulnerable and marginalized groups, the classification and categories of which will be determined by the project team. This will include elderly poor, differently abled persons, child-headed households, HIV infected persons, individuals recovering from drug abuse, youth, women, widows, widowers, minority communities among others. National legal and regulatory instrument: 11. The development of the fisheries and the blue economy in Kenya should be guided by legal instruments, policy statements and institutional framework reviewed in this study. • The Kenya Vison 2030, Mid Term Plan 3 (MTP) • The Kenya Constitution, (2010) • Environmental management and coordination Act (1999) (Amendment 2015) • Fisheries management and development Act no. 35 (2016) • National oceans and fisheries policy, (2008) • Wildlife Conservation and management Act (No.47 of 2013) • Petroleum (Exploration, development and production) Bill, (2015) • Antiques and monuments Act, Cap 215 (1983) • Occupational health and safety Act (2007) • The water Act (2006) • Public Health Act Cap 242 (1921) • Physical planning Act (1996) • The Employment Act (2007) • HIV and AIDS prevention and control Act (2011) • Sexual offence Act (2006) • Child Rights Act (Amendment Bill) (2014) • Labour Relations Act (2012) • National Gender and Equality Commssion Act (2011)

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• Energy Bill (2017) (Assented in March 2019) Institutional policy frameworks • National policy on environment and development sessional paper No. 6 (1999) • National Environment policy (2013) • National Environmental sanitation & Hygiene Policy-July 2007 • Forest Policy (2005) • Fisheries Policy (2005) • Wildlife policy (2007) • Wetland policy (2008 draft) World Bank safeguards policies 12. World Bank safeguard policies and guidelines that are applied to this project include: OP 4.01 (Environmental Assessment), OP 4.12 (Involuntary Resettlement), OP 4.04 (Natural Habitats), OP 4.11 (Physical Cultural Resources), OP 4.12 (Indigenous Peoples), OP 4.36 (Forests), OP 7.60 Projects in Disputed Areas, and WB Group Environment, Health and Safety Guidelines. 13. Table A: Reasons for triggering the Safeguard polices for KEMFSED project investments

Safeguard Policies Reasons For Triggers Triggered by the Project Environmental Environmental risk associated with proposed project activities is Assessment (OP/BP equivalent to environmental category B based on information 4.01) obtained during project preparation. The scale of project interventions is not expected to result in significant, adverse environmental, health or social impacts. Since the exact locations and hence site-specific details of activities and scope of works are not identified at this stage (*except for NAMARET as per paragraph below), this ESMF was prepared through a wide set of stakeholder consultations.

The ESMF provides detailed processes for identification and screening of activities for critical environment and social risks; procedures for evaluating environmental risks and impacts; guidance for the development of site specific mitigation and monitoring plan when subproject details are identified; and describes institutional arrangements for safeguards implementation and proposes capacity building measures. The ESMF provides guidelines for the development of site-specific Environmental and Social Impact Assessments (ESIAs) and Environmental and Social Management Plans (ESMPs) that will include mitigation measures to address the potential environmental and social impacts of subprojects, once the activities, location and scope are identified. Based on the application of the procedures outlined in the ESMF, site specific ESIA and/or ESMP will be prepared for all sub projects as

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needed, based on the results of screening, and publicly disclosed prior to finalization of the design and commencement of any construction. During subproject preparation, the project implementing teams will apply findings from the ESIA/ESMP to further improve project designs and minimize adverse impacts, while maximizing positive impact on people and the environment.

Potential sub-project activities that could potentially cause adverse environmental impacts proposed for funding include: i) under component 1, construction of: a headquarters building in Nairobi to house the fisheries entities that are being established under the MoALFI (SDFA&BE, KeFS, KFMA, etc.); a national mariculture resource and training centre in Kwale county; renovation of county government fisheries offices; and upgrading of landing sites and provision of basic services; and ii) under component 2, livelihood activities related subprojects for small- scale producers, and targeted social services delivery projects at community level. The only activity where the location is identified and for which a design is completed and a site-specific ESIA prepared is the national mariculture resource and training center (NAMARET). The ESIA was developed, consulted upon and publicly disclosed in Kenya and the World Bank website.

For projects with low environmental and social risks an ESMP checklist can be used as a format for ESMP (see Annexes 3 and 11). Natural Habitats The project will design its investments to avoid negative impacts (OP/BP 4.04) on environmentally sensitive areas and will work with relevant stakeholders, where needed, such as the Kenya Wildlife Service, to enhance the management effectiveness of protected areas including the establishment of buffer zones and providing capacity building to the communities. The ESMF includes identification of risks, avoidance and mitigation measures relevant to minimization of impacts on natural habitats, which will be followed by the project.

To guide during construction of the NAMARET, the ESIA includes measures to minimize impacts on natural habitats in proximity to the project site. The authorities will undertake public consultations and seek guidance from KWS and relevant CSOs on minimizing any potential negative impacts during construction and operation of the NAMARET facility. Forests (OP 4.36) At the community level under component 2, the project may include activities of planting and/or restoring degraded mangroves in some of the coastal counties. As indicated in the ESMF, any activity related to planting and/or restoring of degraded mangroves will be undertaken in accordance with the

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2017-2027 National Mangrove Ecosystem Management Plan, prepared by the Ministry of Environment and Forestry (MoEF) and Regional Development Authorities. During project preparation, no activities with large-scale impacts on forests were identified. Specific subprojects will be screened for OP 4.36 provisions to incorporate them into ESIAs, as required.

In preparation for NAMARET construction, the ESIA requires, as one of the first steps, identification of the important trees within KMFRI plot and protecting them prior to commencement of works to ensure they remain unaffected by project activities. Involuntary The project does not anticipate any large scale involuntary Resettlement (OP/BP resettlement and land acquisition under the proposed types of 4.12) investments including construction and rehabilitation of infrastructure. Any new construction (e.g., fisheries building NAMARET) will be on public/government land.

While resettlement of households can be avoided, some economic displacement may be expected for example, at landing sites. Since the exact locations of project interventions are unknown at this stage, a framework approach has been adopted through which the project developed a Resettlement Policy Framework to outline the types of compensation required for the project activities and guide the preparation of Resettlement Action Plans as needed during project implementation. Restriction of access to resources could be expected, for which a Process Framework has been prepared.

As part of the screening and follow up ESIA process for the proposed NAMARET facility, it was confirmed that construction of the hatchery and training center will not trigger OP4.12 policy, as the buildings will be located on KMFRI-owned plot of land, with no encroachment on site. Indigenous Peoples Four of the five coastal counties targeted under the proposed (OP/BP 4.10) project (Tana River, Lamu, Kilifi and Kwale) are home to Vulnerable and Marginalized Groups (VMGs) who meet the criteria of OP 4.10 in terms of language, culture, attachment to given lands and being subordinate to the more dominant communities among whom they live, as well as other Vulnerable Groups. Under the World Bank financed-KCDP, a VMG Framework (VMGF) was prepared following a comprehensive Social Assessment (SA), which found that the livelihood strategies of the VMGs within these counties ranged from nearshore fishing, the closer a community is to the sea – to subsistence farming, livestock keeping and small scale trades, the farther a community is from the sea. The findings of the SA resulted in the development of a VMG Plan (VMGP) to mitigate risks, which was disclosed in December 2015.

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Activities under component 1 of the proposed project will include management or regulating fishing effort of priority fisheries, to enhance stock productivity to result in medium-to-long-term benefits to the coastal communities. However in the short term, it may negatively impact the livelihoods of the fishing VMG communities. Since the exact location of project interventions is unknown at this point in time and in order to continue addressing the livelihood needs, strategies and aspirations of the VMGs, the project undertook an social assessment and prepared a VMGF. The VMGF therefore builds on the project’s SA as well as the VMGF and SA that was developed under KCDP. The VMGF accommodates lessons learned, and was publicly disclosed in Kenya and on the World Bank website. Furthermore, the proposed project will build on the KCDP best practices and engage the VMGs at all stages of the project including during implementation. Findings of the SA and VMGF have been incorporated in the project design and under component 2, county field officers and extensionists will be responsible for identifying VMG members of the community through affirmative targeting approaches. Physical Cultural Given that the works may take place in areas of archaeological Resources (OP/BP importance, the ESMF includes guidance on screening for 4.11) impacts on cultural heritage and inclusion of these provisions in site-specific ESIAs. In the event chance finds are made especially in Islands in Lamu and Kwale counties, Annex 7.

Environmental and social impacts 14. Potential sub-project activities that could potentially cause adverse environmental and social impacts proposed for funding under KEMFSED include: a. Under component 1: construction of a building Nairobi to house the fisheries entities that are being established under the MoALFI (SDFA&BE, KeFS, KFMA, etc.); and national mariculture resource and training center in Kwale; and renovation of county government fisheries offices; b. Under component 2: livelihood subprojects for small-scale producers, and targeted social services delivery projects at community level. 15. Potential social and environmental impacts have been discussed in detail in the study report. KEMFSED project is expected to have positive and likely negative impacts to the social and environment components. General mitigation measures to address adverse environmental and social negative impacts are presented in this report. Potential Key Environmental Impacts: Positive impacts • Increased production of fisheries

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• Conservation of ecological sensitive areas such as coral reefs, mangroves; • Sustainable fishing activities will protect the aquatic fauna species and coral reefs; • Enhancing deep sea fishing will protect the shallow coral reefs and other aquatic species reproduction. Negative impacts • Solid and Effluent waste pollution of water and soil • Destruction of coral reefs; • Destruction of mangroves; • Oil spills; • Hydrology Impacts/Changes, such as sedimentation, erosion, etc.; • Noise and vibration pollution; • Decreased Air Quality-emission of greenhouse gases. • Soil Erosion; • Decreased Water Quality/ Scarcity of safe fresh water; • Invasive species witnessed at the Oxbow lakes in Tana River and Lamu; • Damage to physical cultural resources. Potential Key Social Impacts Positive impacts: • Empowerment of the fishers to go deep fishing hence fish stock will increase thus more income; • Enhanced economic growth and benefits - more fishing activities will bring more income to the fishermen; • Improved nutrition- more fish hence better nutrition households from fish; • Source of employment to the local community; • Capacity building and training will enhance the skills and knowledge of the fishers and other coastal marine users; • Improved markets - through fish value addition industries; and • Promotion of eco-tourism activities and business. Negative Impacts: • Physical displacement; • Insecurity • Loss of employment and livelihoods; • Impacts on human health/ traffic safety and sanitation; • Impacts on cultural heritage /archaeological interest/ existing ecologically sensitive areas; • Safety, Occupational Health and Environmental Health; • Impact on women access to water for household use and access to household plots • Public health diseases, HIV/AIDS spread, water borne diseases etc. • Labour and employment related impacts; • Drug use abuses: In coastal region, the use of drugs is a challenge that hinders the users from actively engaging in fishing; and

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• Loss of livelihood of communities in the project area (including ethnic minorities) could face economic displacement, changes to land rights and/or restricted access to resources due to project implementation.

Grievance Redress Mechanism 16. A Grievance Redress Mechanism (GRM) provides access to remedy, identify procedures to effectively address grievances arising from project implementation. Persons affected by the project must have an avenue where they can formally lodge their complaints and grievances and have them properly considered and addressed. For the KEMFSED, the GRM is being established at the local level where matters can be addressed immediately within the scope of the sub-projects’ authority and activities. The County Governments will also be involved in the GRM. 17. Given that this project will be under the KEMFSED, it is expected that relevant units within the Ministry of Agriculture, Livestock and Fisheries will provide support in the implementation of the GRM. The other level of the GRM is at the national level to address more complex grievances in a more formalized manner and utilize form al litigation. Also, at the national level is the Office of the Ombudsman who is able to take up issues directly related to the project.

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1. INTRODUCTION

1.1. Background

18. The Government of Kenya through an Executive Order No. 1/2016, made a clear commitment towards a new approach, the blue economy, and taking into cognizance the importance of the sector to fuel the country’s economic growth, created the State Department for Fisheries and the Blue Economy. The coastal and marine space on which a blue economy is potentially founded contains a myriad of different uses, some currently destructive or unsustainable, while others are renewable, some mutually exclusive and others compatible. In a wider context, a blue economy approach is more proactive and embodies the need to focus on longer term sustainability despite it being understood as encompassing a better integrated approach to these sometimes-conflicting uses of marine resources, living and non-living (including shipping, fossil energy and mining), and renewable or exhaustive. 19. Blue economy comprises many sectors, however focus will be on fisheries and aquaculture; and maritime shipping and logistic services as priority sectors that would deliver fast socio- economic benefits to the communities in the coastal areas. To strengthen fisheries governance for sustainable utilization and enhanced revenues for the government and employment creation, the government enacted the Fisheries Management and Development Act 2016 in September 2016. The Act established institutions that would strengthen the governance of the fishing industry and aquaculture and enable investments along the fisheries value chains for socio-economic benefits. The institutions established include; the Kenya Fisheries Service, Kenya Fish Marketing Authority and the Fish Levy Trust Fund. 20. To attain economic benefits from the coastal and marine resources, the Government of Kenya (GoK) through the State Department for Fisheries and the Blue Economy (SDF&BE) requested the World Bank to support the proposed Kenya Marine Fisheries and Socio-Economic Development Project (KEMFSED). The Government of Kenya has received Project Preparation Advance from the World Bank towards the Kenya Marine Fisheries and Socioeconomic Development Project (KEMFSED). The KEMFSED project covers a period of 5 years. The Project Development Objective is to improve management and increase value addition of priority fisheries and aquaculture, and to strengthen access to livelihoods for coastal communities in Kenya. The implementing agency will be the State Department for Fisheries & the Blue Economy (SDF-ABE) on behalf of the Government of Kenya. In Kenya, 5 counties along the Coast have been selected to be beneficiaries for the project namely Kwale, Mombasa, Kilifi, Tana River and Lamu. 21. The project will be implemented through the State Department of Fisheries, Aquaculture and The Blue Economy, with funds made available by a credit of USD 100 million from the International Development Association (IDA) of the World Bank, USD 13 million from the Government of Kenya (GoK) and community contributions. The IDA credit will be structured as an Investment Project Financing (IPF). KEMFSED Project seeks to empower

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coastal communities to improve management and value-addition of priority fisheries and Mariculture and strengthen access to complementary livelihood activities. 1.2. Environmental and Social Management Framework

1.2.1. Rationale for ESMF 22. The KEMFSED Project have not identified specific projects investment at this stage, hence this ESMF provides a general impact identification framework to assist project implementers to screen the projects and put in place sound measures to mitigate negative significant environmental and social impacts. This ESMF thus applies to all sub projects to be financed under KEMFSED. Once specific information on county-wide project locations, land requirements, bio- physical features, social etc. is identified, site-specific instruments such as Environmental and social Impact Assessment (ESIA), Environmental Social Management Plan (ESMP) and Resettlement Action Plan (RAP) reports as well as Vulnerable and Marginalized Groups Plans (VMGP). 1.2.2. Objectives of the ESMF 23. Specific objectives of the ESMF are:

i. Collation of baseline data on the environmental and socio-economic conditions of the Counties; ii. Stakeholder and community engagement; iii. Identification of positive and negative environmental and social impacts of fisheries and Blue Economy sub project investments iv. Identification of environmental and social mitigation measures v. Preparation of screening procedures to be used for Fisheries and the Blue Economy sub project proposals; and vi. Formulation of Fisheries and the Blue Economy sub projects environmental and social management and monitoring plans.

1.2.3. Environmental and Social Due Diligence Principles 24. This ESMF through a stakeholder’s engagement process, seeks to establish a process of environmental and social screening which will permit the institutions in charge of the implementation of the sub-projects to identify, assess and mitigate the environmental and social impacts of sub project investments. The ESMF also determines the institutional measures to be taken during the program implementation, including those relating to capacity building. 1.2.4. ESMP Preparation Approach Introduction 25. During the months of January to March 2019, the ESMF team made engagements at National, County and Community levels to establish contacts and networks for discussions and consultations, as well as assess, learn and document the baseline environmental and social circumstances in the project region, assess the potential generic environmental and social impacts associated with the project and reflect these findings to the requirements of the World Bank’s Operational Policy 4.01 (Environmental Assessment), OP 4.04 (Natural

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Habitats), and OP 4.36 (Forests), OP 4.10 (Indigenous Peoples / Vulnerable and Marginalized Groups), OP 4.11 (Physical Cultural Resources), OP 4.12 (Involuntary Resettlement), as well as to the requirements of Kenya Vision 2030, MTPIII, the Commitment to Blue Economy as expounded in the Executive Order No. 1/2016, and the Presidential Agenda of the Big Four. 26. Several tools were used in the ESMF methodology to get baseline environmental and social circumstances in the five counties of Kwale, Mombasa, Kilifi, Lamu, and Tana River Counties: In-depth literature review 27. Achieved through the review of the KEMFSED project documents, and will go on for new information being gathered during project site identification and mapping as part of a wider assessment where the views and thoughts of the sector players were sought through the methods listed below, and provided documentary information on portfolio reviews, testimonials, tests, photographs and videos, diaries and journals. These new logs and documents are being analyzed for additional supporting information. Consultations 28. Since January 2019, stakeholder engagement and consultation regarding KEMFSED project intervention areas at the five counties of Kwale, Mombasa, Kilifi, Lamu, and Tana River Counties have been made. The evidence of stakeholder engagement and consultation is attached as Annexe-4 of this report. These discussions with potential project beneficiaries and the public are structured at specific levels: County Level consultations, Sub-County Level consultations, Community Level consultations, focused group discussions with opinion leaders, key informant interviews with experts (expert or peer reviews), where the latter group has been very useful in providing case studies scenarios and reports, portfolio reviews, and research tests and findings. Table 1: List of stakeholder consultation meetings and venue

Stakeholders groups Venue Date of consultation Tswaka VMG Msambweni 14th February 2019 Watha VMG Dabasso 18th February 2019 Watha VMG Chembe Kibaba 19th February 2019 Watha VMG Kilibasi- mackinonn hall 16th February 2019 Aweer, Saanye VMG KEFRI Center Lamu 22nd February 2019 Saanye VMG Kipini 23rd February 2019 Kuruwitu BMU Kuruwitu landing site 20th February 2019 Marereni BMU Fundi -issa location 20th February 2019 Muunje BMU Kwale county 13th February 2019 Waini BMU chairman Director fisheries office- 14th February 2019 Shimoni Shimoni BMU Director Fisheries office 14th February 2019 Vanga BMU Vanga county fisheries office 14th February 2019 Mwaembe BMU Msambweni turtle and marine 13th February 2019 conservancy offices

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Shimoni Slaves Cave Shimoni 14th February 2019 Safe Shimoni youth group Shimoni slave caves office 14th February 2019 Mixed group stakeholders meeting Youth and Empowernment 15th February 2019 centre Msambweni National Government stakeholders Lunga lunga KRA Board 15th February 2019 room Chairman of all Kayas Kaya Kinodo 13th February 2019 Watamu mixed group of Watamu chief office 18th February stakeholderd Forester KFS offices Matuga 12th February 2019 Fisheries officer Matuga 12th February 2019 livestock officer Matuga 12th February 2019 agriculture officer Matuga 12th February 2019 Director fisheries Director fisheries office 14th February 2019 Shimoni Kenya Fisheries officer Director fisheries office 14th February 2019 Shimoni Fisheries Mombasa county 23rd February 2019 KFS,Head of conservancy Mombasa county 22nd February 2019 NEMA, Regional Director, SCED, Mombasa county 22nd February 2019 EO Director fisheries Kilifi 16th February 2019 CO Environment, forestry and solid water and Environment 25th February 2019 waste management offices MD-KIMASCO Water offices 25th February 2019 NMK-Coastal forests conservation Kilifi 25th February 2019 unit Fisheries officer Lamu Fisheries headquarter 4th March 2019 office Pricipal officer " 4th March 2019 Chief Officer " 4th March 2019 Assistant County Commissioner County commissioner office 4th March 2019 Curator - Lamu National Museums Lamu fort NMK 4th March 2019 of Kenya Mixed group of stakeholders Lamu Fisheries headquarter 5th March 2019 office CEC Environment, waste Mombasa county 11th February 2019 management and energy Deputy Director Agriculture Mombasa County 11th February 2019

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Figure 1: Stakeholders Consultations in Kwale County 29. Consultations with key stakeholders were undertaken during the ESMF process to ensure that the implementation of the proposed KEMFSED project interventions, particularly with regard to environmental and social issues, takes on board views and concerns across different people and institutions including National and County government entities and key ministries at the National and County Level. Through this, several data sources have been captured. The schedule of preliminary data types collected is attached as Annexe-2 of this report. These baseline data sets will be critical as a source of data during impact prediction and analysis as they will allow for comparison on status “before KEMFSED project” and “after KEMFSED project” intervention conditions. Where baseline values cannot be obtained, baseline studies will need to be undertaken by ESMF implementers to provide “before KEMFSED project” intervention conditions.

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Figure 2: Stakeholders Consultations and Interactive discussions with potential project beneficiaries 1.2.5. ESMF Components and Structures 30. Structures of this ESMF report comprises of Chapter 1 present’s introduction that has description of the program, its various components and other salient information relevant for environmental and social assessment. Chapter 2 reviews the project description; Chapter 3 reviews national legal and regulatory requirements. Description of the baseline environmental and social conditions and an analysis on gender have been discussed under Chapter 4. Chapter 5 reviews World Bank safeguards policies triggered and also applicable WB policies to environmental and social due diligence. 31. Chapter 6 describes potential environmental and social impacts. Environmental and social management and monitoring plan, including the institutional arrangements for the project implementation and supervision and as well as the appropriate mitigation measures to address these negative impacts has been described in chapter 7. Chapter 8 outlines capacity development for environmental management and monitoring. Grievance redress mechanism is addressed in chapter 9. Chapter 10 outlines communication, conflicts and grievance handling mechanism. Chapter 11 outlines project monitoring and evaluation. Procedures for preparation, review, clearance, and implementation of the sub-project safeguard instruments has been discussed in chapter 12. Finally, chapter 13 describes public consultations and disclosure.

2. PROJECT DESCRIPTION

32. The proposed Kenya Marine Fisheries and Socio-Economic Development (KEMSFED) project aims at strengthening Kenya’s fisheries management system, while supporting the local communities to elicit cooperation towards sustainable and productive nearshore

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fisheries. By building on the outcomes of the KCDP, the project is expected to help improve governance and management of the marine fisheries and aquatic resources, promote investment in marine fisheries and coastal aquaculture, and strengthen coastal livelihoods. 2.1. Project Development Objectives (PDO)

33. The PDO level objective is to improve management and value-addition of priority fisheries and Mariculture and strengthen access to complementary livelihood activities in coastal communities. The PDO is expected to be achieved taking into consideration the following key principles of project design: i. Kenya’s fisheries sector plays a significant role in contributing to the country’s blue economy in terms of employment, income generation, nutrition and food security. By engaging with a variety of stakeholders during project preparation and continuing to work with them in a consultative manner and seeking their commitment and cooperation during implementation, the project is expected to result in sustainable management of the fisheries, and make a substantial contribution to the development of Kenya’s blue economy; ii. Noting that it will be implemented in a sector that is highly devolved and where counties will play a key role in the execution of activities, the project is designed in a manner that is consistent with the principles of devolution at both levels of government. Implementation of this project will result in further strengthened of the fisheries sector in Kenya; and iii. Project recognizes overfishing as an issue where several species are either at vulnerable levels or overfished. While it will be difficult for poor fishers to voluntarily reduce fishing effort, the project will provide technical and financial incentives for complementary livelihoods and diversification of income sources, as well as capacity building and support to obtain more value from existing artisanal fisheries production.

2.2. Project Geographic Scope

34. The KEMFSED Project will cover five (5) counties along the Coast that touch the shores of Indian Ocean. These counties have been selected to be beneficiaries for the project namely Kwale, Mombasa, Kilifi, Tana River and Lamu. Taita Taveta though a County found in the coast, does not touch the coast line and is therefore not a project area.

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Figure 3: Project beneficiary counties 2.3. Project Beneficiaries

35. The project will provide a holistic response to a set of dynamic issues that poor, vulnerable coastal fishing communities face. The project target groups of beneficiaries are the fishers and poor and extremely poor fisheries-dependent households in 5 coastal counties. Social inclusion as a principle of implementation will include the vulnerable and marginalized groups, the classification and categories of which will be determined by the project team (This will include: Elderly poor, differently abled persons, child headed households, HIV infected persons, drug recovering individuals, youth, women, widows, widowers, minority communities, etc.). Gender considerations will be applied in all structures of project implementation at national, county and community levels. However, attention will be paid for enabling women’s participation in planning and decision-making processes and increasing their access to alternative livelihoods. These are also areas where gender gaps are the most glaring. Women and children will also benefit from the support for the consumption, production, processing, and marketing of high nutrient- and protein-rich small fish. 36. It is envisaged that the project will benefit the national and targeted coastal county governments through strengthening of the governance and management systems and

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structures of marine fisheries and empowerment of the coastal communities and livelihoods in targeted communities along the coastal sub-counties. 2.4. Project Funding

37. The proposed project would be financed through an IDA Scale Up Facility (SUF) credit of US$100 million, to be implemented over a 5-year period. The Government of Kenya (GoK) is expected to provide a contribution towards the implementation of the project. The proportions of Project funds allocated to the four components are set out in the following Table 2: Table 2: Cost Estimates of KEMFSED project

IDA Total GoK Project Cost by Component and Sub-component US$millio US$milli US$million n on Component 1: Governance and Management of 49.80 0.00 49.80 Marine Fisheries - Enhanced governance of marine fisheries and blue economy - Improve management of nearshore fisheries - Infrastructure development for fisheries management Component 2: Coastal Community 41.10 0.00 41.10 Empowerment and Livelihoods - Enhance coastal community livelihoods - Support services for livelihood enhancement and capacity development Component 3: Project Management 9.10 13.00 22.10 Physical Contingencies Price Contingencies Total Project Costs 100 13 113.00 2.5. Project Components

38. The Project components have been designed to fit within Kenya’s broader Blue Economy Framework and the on-going devolution process. The components and sub-components were refined and regrouped to improve focus, flow, integration and better balancing of hard/infrastructure aspects with soft/technical assistance, training and capacity building aspects.

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Figure 4: KEMFSED Project Theory of Change

Component 1: Governance and Management of Marine Fisheries (approx. US$49.8 million) 1. Component 1 will support the GoK in strengthening governance and management of Kenya's renewable marine resource towards ensuring the long-term sustainability of fish stocks. Sustaining these resources, especially in view of Kenya's broader blue economy efforts, will result in optimizing the socio-economic benefits accrued by the GoK and the coastal communities who depend on these resources. This will be achieved through implementing several important interventions that are grouped into the following three sub-components: i) enhancing governance and management of marine fisheries within the broader blue economy; ii) improving management of nearshore fisheries; and iii) infrastructure development for fisheries management. 2. Governance of marine fisheries will be strengthened through an improved policy and regulatory framework, and implementation of specific measures intended to protect marine resources. Relevant plans and strategies will be developed to optimize fisheries and their management, as well as collection and input of fisheries data into an integrated fisheries management system that will contribute towards strengthening Kenya’s broader monitoring, control, and surveillance (MCS) systems. Research and technical support will be targeted towards enhancing available marine resources, highlighting alternate methods to sustainably exploit fish stocks, and for mariculture development. A national governance framework for nearshore fisheries co-management will be developed and implemented that will cover approximately half of Kenya’s nearshore waters. Construction of select national and county fisheries infrastructure will be supported with the aim of strengthening the management and administrative capacity of key fishery institutions and enabling private investment. Artisanal fishers’ safety in the face of growing climate variability will be strengthened, and climate and disaster risk reduction aspects will be integrated into relevant plans. 3. Sub-Component 1.1: Enhance Governance of Marine Fisheries and Blue Economy. Sub-

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<< ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) >> component 1.1 aims to optimize the use of, and increase the benefits derived from Kenya’s marine fisheries within the broader blue economy, while simultaneously ensuring that the long-term sustainability of these resources is not compromised. This will be achieved through: i) strengthening fisheries policy and regulation; ii) marine spatial planning (MSP); iii) strengthening the management of priority fisheries including MCS in both nearshore and EEZ, and the research needed to support decision making. a) Strengthening fisheries policy and related legislation. Mariculture policy and regulations that will ensure consistency with national objectives for aquaculture will be developed. These will be aligned with the ongoing devolution in Kenya, with regards to specific that coastal counties in the governance of marine fisheries. b) Marine spatial planning (MSP). For Kenya to effectively develop its blue economy and associated maritime space, integrated environmental management harmonized with economic development, fiscal policy and social goals is needed. 1 This sub-component will support MSP, a globally accepted mechanism to achieve this outcome, through the following activities: developing an MSP framework, undertaking strategic environmental assessments (nearshore and offshore), and zoning of areas for specific use including establishing joint community management areas (JCMAs). The MSP process is critical for developing a sustainable blue economy in Kenya. c) Strengthening the management of priority fisheries. The management of priority fisheries2 will be strengthened through implementation of fishery improvement projects for the selected priority fisheries incorporating activities aimed at systematically improving the stocks and related ecosystems (e.g., stock assessments, spatial assessment of habitats). This will result in improved socio-economic benefits to the fisher communities. Kenya's national tuna strategy 2013-2018 will be updated to ensure a cohesive approach toward the management and development of tuna resources, and the project will provide support for Kenya to fulfill its commitments to the Indian Ocean Tuna Commission (IOTC). Capacity will be strengthened toward implementing the MCS strategy developed under the KCDP. Monitoring capacity will be strengthened by enhancing Kenya’s existing fisheries information management system (FIMS) so it becomes an integrated national and county-level system that will facilitate fisheries related data capture and analysis for effective decision-making – not only in support of MCS, but also as tool to improve management of the fisheries. This will also include developing alternate methods for registration, and monitoring of fishing effort including fishers, fishing boats and related gear types. Control will focus on the implementation of the regulatory conditions under which the exploitation of Kenya’s marine resources is conducted. Surveillance will be strengthened through fulfilling port state measures agreement obligations, implementation of standard operating procedures, increased regional cooperation through data sharing protocols and vessel monitoring systems as well as land and sea patrols aimed at reducing IUU fishing. 4. Sub-Component 1.2: Improve Management of Nearshore Fisheries. The sub-component

1 Roberts, Julian. 2018. Scoping Study on the Status of MSP in Kenyan Waters. GoK KEMFSED Project Preparation Study. 2 Including those for snapper in the North Kenya Banks, small-scale purse seine (ringnet), small-scale line tuna, shallow water prawn, octopus, and the inshore/creek basket trap

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<< ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) >> will be undertaken in synergy with related priority fisheries stock assessments, MSP and FIMS developed under sub-component 1.1. A standardized national governance framework for nearshore fisheries co-management will be developed and implemented in approximately half of Kenya's nearshore waters, through direct engagement with at least 35 of the 85 BMUs. a) Formulate co-management governance framework. All relevant activities under this sub- component will be consistent with, and in support of, implementation of the FAO Voluntary Guidelines for Small-Scale Fisheries. In support of the national governance framework for fisheries co-management, the project will support revision of the existing 2007 BMU Regulations and preparation of national co-management guidelines and BMU standard operating procedures (SOPs). Once completed, awareness-raising and training on these governance instruments will be conducted with all the 85 BMUs. The project will also support the national technical caucus on fisheries co-management and the Indian Ocean BMU network, to convene periodically towards ensuring a common approach across the five coastal counties. b) Establish joint co-management areas (JCMAs). Implementation of the national governance framework for fisheries co-management will include reviewing the two JCMA plans developed under the KCDP (Malindi-Ungwana Bay and Shimoni-Vanga) comprising a total of 21 BMUs and developing new JCMAs for two additional BMU clusters of approximately 15 BMUs. These planning processes will be participatory and consensus-driven, with facilitation by county fisheries staff and expert co-management consultants. Implementation of the JCMA plans will be supported through a program of regular mentoring by county fisheries staff and national-level oversight. There will be a specific focus on sustainable revenue-generation and financing of BMU activities, and on periodic performance monitoring of BMUs channeled to a national database which will be incorporated into the FIMS developed under component 1.1. c) Strengthening of BMU capacity. Under the umbrella of developing JCMAs, BMU capacity will be strengthened in several areas, including on marine surveillance and safety-at-sea aspects. Small clusters of neighboring BMUs will be supported with boats and associated equipment suitable for nearshore surveillance activities, to detect and report non-compliance with agreed fisheries management measures, as well as provide capacity for sea rescue. Surveillance operations will be guided by BMU SOPs developed as part of the co- management governance framework, and by in-situ training provided to BMU surveillance teams. Safety-at-sea training will be provided to all BMUs along the Kenyan coast and, in addition, the project will establish linkages with relevant institutions to bring weather related information to the coastal communities. 5. Sub-Component 1.3: Infrastructure Development for Fisheries Management. The sub- component will include the construction of key fisheries-related infrastructure including: i) fisheries headquarters building in Nairobi, “Uvuvi House” or fisheries house, to house key entities undertaking and providing fisheries-related functions and services including the State Department of Fisheries, Aquaculture and the Blue Economy (SDFA&BE), Kenya Fisheries Service (KeFS), Kenya Fish Marketing Authority (KFMA), Kenya Fish Levy Trust Fund and Kenya Fisheries Advisory Council; ii) with a devolved fisheries sector and coastal counties playing a key role in the execution of activities at the coastal and community level, where required, coastal county fisheries department offices and BMU offices will be upgraded or renovated as well as other fishery related infrastructure such as

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<< ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) >> landing clusters, and iii) recognizing the need to strengthen the technological and skills capacity in mariculture in Kenya, construction of a national mariculture resource and training center (NAMARET) will be supported. This new facility will undertake the much-required research in fish breeding toward supplying commercial hatcheries with improved broodstock for fast and efficient production. The laboratory will support the scientific, experimental and technological requirements for a state-of-the-art system, and the training center will be used for capacity development and training of skills in mariculture. Any construction or rehabilitation related works will ensure that the infrastructure is climate-resilient and includes environmentally sustainable design (e.g., natural light, ventilation, renewable energy). Component 2: Coastal Community Empowerment and Livelihoods (approx. US$41.1 million) 6. Component 2 will strengthen livelihoods in coastal communities through provision of a combination of technical and financial support. This will include demand-driven sub-projects and complementary capacity-building and training of beneficiaries. Women, youth and vulnerable and marginalized groups (VMGs) will be specifically targeted by creating opportunities along the value chain. The component will contribute to Kenya's devolution agenda by assigning the primary responsibility for execution of the sub-project cycle to the five coastal counties, and by providing the necessary institutional strengthening for county fisheries and agricultural departments to deliver improved services to coastal communities. The strategy to be supported under the component will enable poor coastal fisher and farmer households in 19 coastal sub-counties to improved access to non-fishing related livelihood activities. This holistic approach will be further pursued through the development of strategic partnerships with existing or new commercial enterprises, applying mariculture or agriculture related contract farming schemes to benefit smallholder out-growers. 7. The component will provide synergistic support to the implementation of component 1 and enable poor coastal households to comply with nearshore fisheries co-management regimes by improving their access to complementary livelihood activities and social welfare facilities. This recognizes that nearshore fisheries co-management plans are likely to contain measures where artisanal fishing effort may need to be managed, including for example establishing small no-take replenishment zones to secure the long-term productivity of fish stocks. While such measures are expected to enhance fisheries production and fish catches in the medium term, these may temporarily impact fishers' livelihoods in the short term. However, providing complementary livelihood activities and social welfare sub-projects will directly and indirectly benefit these households and provide incentive for compliance with such measures. 8. Sub-Component 2.1: Enhance Coastal Community Livelihoods. The sub-component will finance sub-projects to eligible beneficiaries within two specific categories: i) productive or livelihood; and ii) social and environmental. Sub-projects will be targeted to informal common interest groups (CIGs) of households within eligible communities. Beneficiary groups could include existing micro-businesses that are not formally registered either as a company or cooperative. Existing VSLs would also be eligible to receive grants for sub-projects (livelihood and social) provided they meet the criteria as outlined in the Project Grant Manual (PGM). Both categories of grants will specifically target women, youth and VMGs. 9. Livelihood or productive sub-projects for small-scale producers organized into informal CIGs will be demand-driven, targeting both improved fisheries livelihood as well as complementary non- fishing livelihood activities, primarily in four areas: i) mariculture; ii) non-fishing livelihood activities such as crop and livestock production, petty trading etc.; iii) capture-fisheries value enhancement or

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<< ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) >> reduction of post-harvest losses; and iv) adoption of sustainable practices in use of fishing gears as an alternative to gears contributing to over-fishing. Providing support to livelihood sub-projects will help bolster livelihood security in coastal communities and it also enables communities to comply with nearshore fisheries co-management regimes. Livelihoods grants will not finance any activity that could potentially lead to overall increase in fishing effort, except where there is a clear justification that such increase relates to adoption of innovative gears to access under-exploited stocks or adoption of more sustainable fishing practices. Such gears could potentially enhance artisanal fishers' access to tuna and tuna-like species through pole-and-line or dropline gears, and to nearshore prawn stocks beyond standing depth. During implementation, women-headed households will be targeted based on findings from the project social assessment.3 10. Project preparation studies and engagement with stakeholders identified that communities in coastal sub-counties include households with fishers and farmers, or household members that practice both farming and fishing. To contribute towards socioeconomic development in poor coastal fishing communities, the project is designed with a holistic approach by including the broader rural coastal community of fishing and non-fishing households. This is because the livelihood status of coastal fishing households is closely linked to the wider economy in coastal sub-counties. The criteria and procedures for selection of beneficiaries of productive grants is outlined in the PGM which recognizes that boosting the broader rural economy in coastal sub-counties is a pre-requisite for diversifying opportunities in fishing communities. Beneficiary identification procedures will ensure avoidance of elite capture and that the application process will not present a barrier to less-advantaged households (e.g., lower income, lower education, single-parent), and that households will have equal access to grant support and capacity-building. 11. Innovative Productive Alliances includes support for productive livelihood related activities that will support eligible smallholder outgrowers, through strategic partnerships with existing or new commercial mariculture or agriculture related enterprises. The strategic partnerships will provide a basis for long-term sustainability of project interventions. Farmers and fishers within four existing enterprises applying fair trade and social responsibility principles (Kutoka Ardhini, Equator Kenya, Kilifi Moringa Estates, and Che Shale) will be initially supported through funding of subprojects and technical assistance. The participation of these enterprises in the project will be governed by the PGM and a tripartite memorandum of understanding between each enterprise, the Client and the respective county government. Additional eligible enterprises would be identified and included during implementation once the required due diligence process is satisfactorily completed. This activity also links with the proposed NAMARET to be developed under sub-component 1.3, which will support emerging mariculture enterprises seeking to work with community outgrowers by providing training, technical demonstration and seed supply (target mariculture species could include mud crab, prawns, artemia, sea cucumber and red seaweed). 12. Social and Environmental sub-projects will support investments that build social and environmental capital, similar to the successful Hazina ya Pwani Maendeleo (HMP) program implemented under the KCDP. Identification of social and environmental sub-projects will be demand-led and requiring in-kind contribution from the beneficiary group or community. Sub- projects supported will be not-for-profit, however, it will be ensured that beneficiary groups develop

3 A Social Assessment was conducted under the project (with PPA funding) that has informed the Vulnerable and Marginalized Groups Framework (VMGF) and the Environmental and Social Management Framework (ESMF)

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<< ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) >> mechanisms for sustainable operation of assets or activities in collaboration with existing county programs. Social subprojects would include for example, enhancement of community-level access to health, education, water and sanitation services. This will be especially useful to the VMGs who often have limited access to social services. Environment subprojects would include for example mangrove planting, activities relating to pollution reduction and improved solid waste management, and establishment of fishing no-take zone. 13. Scholarships for formal vocational skills training and secondary school completion. Complementing the grant schemes described above, a program of scholarship grants will be implemented primarily to support formal vocational skills training including for example technical and vocational education and training (TVET), certificate or diploma courses, all lasting not more than two years. The type of training supported will be demand-driven with an aim of strengthening longer-term capacity of communities and counties to engage in, and benefit from, coastal and blue economy development. Secondary school completion will focus on those students with good academic standing who are otherwise unable to complete Form IV due to financial constraints. Identification of beneficiaries for short vocational training will be integrated with the process of identifying sub-project production grant recipients. Youth including girls, will be prioritized as beneficiaries of scholarships. The project's M&E system will include specific indicators to track progress of recipients of scholarship grants including for example, job placement, direct application of vocational skills gained, etc. during the life of the project. 14. Sub-component 2.2: Support Services for Livelihood Enhancement and Capacity Development. The sub-component will support technical assistance to the successful implementation of the sub-project cycle, and capacity building for extension services in coastal counties. Support services for sub-project identification, preparation and delivery will be mainly provided by county technical officers and extension teams, in collaboration with staff from partner enterprises, where applicable, and with training and quality-control by a specialist service provider. The sub-component will also support training of beneficiaries using a participatory integrated community development (PICD) approach. Services will include: a) Management and oversight of sub-project delivery. County project implementation units (CPIUs) and extension teams in each of the five coastal counties will execute sub-projects related to productive/livelihood and social and environment, in accordance with the PGM. The CPIU staff and consultants will assist during the sub-project cycle by providing support to extension teams: i) to raise awareness, identify beneficiaries, support application processes, and provide technical assistance for sub-project implementation; ii) in the development of commercial-smallholder partnerships; and iii) to ensure robust monitoring and record- keeping. The NPCU will oversee progress of subprojects across the five counties. b) Community skills development. Sectoral technical and extension staff in the five coastal counties supported through a training of trainers’ program, will organize delivery of demand- driven skills and micro-enterprise financial management training to beneficiaries of grants for livelihood, social and environmental sub-projects. The NPCU’s training coordinator will aggregate training plans from each of the counties and annual training plans will guide the identification and selection of beneficiaries. Affirmative selection will apply to women and VMGs. Regular technical assistance, mentoring and trouble-shooting support for all grant beneficiaries, will be implemented through the strengthened county extension services, to support sustainability, lesson-learning and monitoring.

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Component 3: Project Management, and Monitoring and Evaluation (approx. US$9.1 million) 39. Consistent with the devolution framework, this Component will finance supplemental support for project management at both national and county levels to ensure coordinated and timely execution of project activities. It will include the establishment and operation of a NPCU within SDFA&BE (based in Nairobi and supported by a decentralized team located in Mombasa) and a county project implementing unit (CPIU) in each of the five participating coastal counties. With functions clearly defined in the PIM, these units will be responsible for project oversight, coordination and reporting; support to governance structures; financial and procurement management, external/internal audits and accounting; quality control and assurance systems; environmental and social safeguards compliance; development and implementation of a communications and stakeholder engagement plan; M&E, gender informed project implementation; and technical audits and evaluation studies as needed. The NPCU and CPIUs staff will operate from a dedicated office space for the project and will be adequately equipped to successfully perform their functions. Staff to these Units will be seconded on a full-time basis from the Ministry of Agriculture, Livestock, Fisheries and Irrigation (MoALFI) or County structures, except for those positions where the required skills are not available. The CPIUs in all five counties will also be instrumental in supporting the delivery of community-based activities within component 2. Specific roles and responsibilities, together with project protocols and procedures are detailed in the PIM. 2.6. Project Implementation Arrangement

40. The institutional arrangements and coordination structures mirror other successful World Bank Projects, which had a strong emphasis on building capacity at the community level such as completed Kenya Coastal Development Project (KCDP), Kenya Agricultural Productivity and Agribusiness Project (KAPAP), and on-going National Agricultural Rural Inclusive Growth Project (NARIGP) and Kenya Climate Smart Agriculture Project (KCSAP). The Project will promote a wide range of internal partnerships between different national and county government departments. These will include those departments whose functions will affect implementation of governance and management issues of marine fisheries and demand-driven and community-led initiatives. 41. The functionality of other decentralized funds such as the National Youth Enterprise Fund, Women Enterprise Fund, Uwezo Fund and Bursary Funds administered by County Governments and Constituency Development Fund (CDF) will be incorporated as supplementary options for supported community groups and individuals. The Project will partner with the Kenya Marine Fisheries Research Institute (KMFRI) supporting the long- term transformation of Kenya’s fisheries research and extension system better to support growth and respond to farmers’ needs and Kenya Coast Guard. Devolution changes have been considered and incorporated in the project implementation structure. The Project’s institutional structures, especially those that are anchored in the Government, will be used throughout the Project implementation phase.

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Institutional Arrangements 42. Implementation of KEMFSED ESMF will involve a 3-tier institutional arrangement (National, County and Community). The three-tier institutional arrangement aims at achieving efficient decision-making process and implementation as well as using the constitutionally mandated governance structures at all levels for a sustained application and adoption. The 1st tier which is at national level will represent the Ministry of Agriculture Livestock, Fisheries & Irrigation (MoALFI) - the main implementing agency and other national GoK stakeholders (NEMA, Ministries for environment, water, irrigation, industrialization, etc.) need to be sensitized on the environmental and social safeguards. In the MoALFI, the project will be anchored in the State Department of fisheries. The overall implementation oversight is to be done by the National Project Steering Committee (NPSC) chaired by the Principal Secretary, State Department of Fisheries, MoALFI. 43. The 2nd and 3rd tiers are the county and community levels respectively. The county governments are the devolved units and close to the beneficiaries and project affected persons, community levels, are the target beneficiaries including fisherfolks, beach management unit, among other marine beneficiaries who will directly implement community-led-interventions. These two levels need to be trained and capacity build on safeguards and implementation of the frameworks in order to ensure the relevant safeguard policies are integrated in a sustainable manner into all project activities. 44. For any sub projects that involves physical infrastructure the sub/micro project committee in consultation with the KEMFSED Coordinating units at county and national level will hire the expertise to implement for adherence to the laid down guidelines. The oversight for civil works is normally done at county level by the relevant county government departments.

Participatory Process for Environmental and Social Safeguards 45. The participatory approach envisaged by KEMFSED will entail total inclusivity and participation by all targeted beneficiaries. For this reason, therefore, specific community needs and issues along the environmental and social safeguards must be identified through a screening process at the community level (screening checklist Annex 3) and priority development areas identified within the principles of KEMFSED. Participatory approaches will help map out gaps in a participative way and suggest possible environmental and social interventions within the proposed community investments including the ones proposed by the VMGs. The Participatory process is done by the county technical teams in liaison with the target communities. 46. The key outcome of the participatory process is development of Community Action Plan (CAP), which is a statement of the communities’ aspirations with regard to the sub-projects that they wish to implement in order to improve their livelihoods. The CAPs will be prepared for the target communities and must have broad community support and in consultation with County Integrated Development Plans (CIDP). Screening for environmental and social impacts will be undertaken at county and community levels.

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Community Action Plans, Approvals and Funding

47. Community plans and budgets will be prepared by the communities assisted by County technical departments; the proposed interventions and budgets including for ESIAs, ESMPs, RAPs, and VMGPs, implementation will be technically reviewed and approved by the County Technical Advisory Committee. This activity will be coordinated at the county level by the project coordinating unit. Once this is completed, the County Coordinating Units (CCUs) will share the prioritized and approved proposals with the national technical advisory committee through the National KEMFSED Coordinating unit for eventual appraisal of the proposals and allocation of the funds. 48. A democratically elected Community Sub-Project Committee that serves voluntarily will be assisted by the advisory technical agents to administer the environmental and social screening checklist on the proposed community sub-projects. The checklist is provided in Annex 3 of this report. Checklist will be analyzed by the Community Sub-Project Committee with the assistance of relevant technical officers. The Committee will forward the analysis report and the checklist to the CPCU. The benefitting community will be made aware of what is expected of them in order to conform to the relevant safeguards. 49. The CCU will undertake further analysis and verification and decide on the level of impact and risk of the project and share the report with County Environment Committee (CEC) through County Director of Environment (CDE) who is the Secretary to the County Environment Committee chaired by the Chief Executive in Charge of Environment (CEC). The analysis and verification will be done according to the screening procedure outlined in Annex 3. If the impact is insignificant equivalent of category C as per the World Bank categorization) the CCU will sanction the implementation. If the impact is significant, they will advise for an ESIA project study or a full ESIA study and forward a report to the NPCU through NEMA will sanction EIA full study where necessary. 50. The National KEMFSED specialist charged with handling issues of environmental and social safeguards will backstop (and periodically review safeguards implementation) the CCUs in order to capacity build sub-projects implementing teams to comply with the relevant National Environmental and Social requirements and the World Bank’s environmental and social safeguard policy requirements, including reviewing, screening, approving, monitoring and reporting of the subprojects implementation progress. The KEMFSED technical safeguards staff will be responsible for guiding the formulation and development of ESIAs/ESMPs/RAPs/VMGPs in the project and periodically reviewing and improving capacity for managing safeguards compliance among the local stakeholders. Subprojects screening 51. The screening procedure strengthens accountability to the communities targeted for support, stakeholders in the development processes, and the broader development portfolio. Environmental and social screening and assessment processes for sub projects have become standard practice in development cooperation and are usually required by national regulatory frameworks and multilateral and bilateral donors. Therefore, application of the

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environmental and social screening and review processes demonstrates the appropriateness of safeguard measures. Additionally, safeguard approaches have proven to be ideal vehicles for consultation and disclosure of information. In the presence of well-designed grievance mechanisms, they provide an effective process for conflict resolution and mediation as spelt out in the KEMFSED frameworks. 52. Screening thus constitutes an environmental and social safeguard approach which is a key component of overall quality assurance process (Annex 3). The outcome of the environmental and social screening process is to determine whether the proposed sub- project fits the overall KEMFSED risk profile and if so, what environmental and social review and management is required. The screening process aims to quickly identify those sub projects where no potential environmental and social issues exist, so that only those with potential environmental and social implications will undergo a more detailed screening process. Therefore, the two main objectives of environmental and social screening are to: firstly, enhance the environmental and social sustainability and benefits of a proposed project. Secondly, it is to identify and manage environmental and social risks that could be associated with a proposed project. This aspect of screening focuses on the possible environmental and social costs of an intervention and identified specific needs for environmental and social review and management, including National regulatory requirements. 53. Community meetings will be convened by the county project coordinating unit together with the technical departments and beneficiary groups and local administration for validation and adoption of approved community plans and budgets, signing of grant MoUs/agreements after being taken through what has been approved, for how much and for how long. The MoUs/agreements detail name(s) of beneficiary groups & sub projects, amounts proposed, expected community contribution and disbursed amounts. Table 3: Summary of Roles and Responsibilities for KEMFSED Implementation

Task/Step Responsible Technical Support or Verification/Oversight Advice Identify sub-project Target communities Gross margin County Technical and formulate Analysis; cost-benefit Teams proposal analysis Prepare /CAP Communities Assist in proposal Communities/Technical development/steps in agents Complete ESS Communities/technical Legal and regulatory County Director of Screening Checklist agent/County Director compliance Environment of Environment Undertake Technical Meetings/ Planning County Technical community agent/County Discussions Departments Consultation on Technical Departments CDP Determine need for Target Community Administer checklist County Environment ESIA/ESMP Committees

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Implement project Target community Firm of Experts or County Environment (ESIA/ESMP Engaging NEMA Committees required) registered and licensed Lead Experts Implement project Target community Technical agent County Technical (no ESIA required) Departments Civil Works Target community County Lead County Technical Departments Departments Monitor projects Target County Technical County Technical community/Technical Departments Departments agents/ Other: please specify

54. The County Technical Departments will comprise of: County Directorate of: Aquaculture, Trade/Marketing; Environment, land and water Resources; National Environment Management Authority, Public Works; Industrialization and Cooperative Development; Primary Education; Crop Resources; Livestock production and Veterinary Services; Gender and Youth; ASAL, Special Programs and Devolution; any other relevant Department; Indigenous Peoples Leadership (Chairpersons of Council of Elders); the value chain specific technical agents. All these institutions will undergo capacity building on the environmental and social safeguards in order to play a catalytic role in backstopping, and monitoring project implementation. The technical agents and county technical teams will receive capacity building to serve as ToTs. Common Interest Groups (CIGs)/VMGs 55. At the community level, the key grant beneficiaries and collective implementers of subprojects under the project will include newly formed and existing beneficiary groups e.g. BMU, CBOs, FBOs, VMGs that will focus on delivering on a selected marine value chain as a business enterprise. Membership/beneficiaries in these groups include men, women, youth, people living with disability, vulnerable and marginalized members of the communities. Therefore, in compliance with the KEMFSED VMGF requirement for inclusiveness in ‘gender and intergenerational terms’ is adhered to. However, other members of the community in beneficiary groups can also benefit from a common good (sub-sub-project) such as cooling plant or cooperative society in their locality. Such subproject would be managed by a County coordinating unit, a community oversight body democratically elected through representation.

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3. LEGAL AND REGULATORY FRAMEWORK

56. The development of the fisheries and the blue economy in Kenya should be guided by legal instruments, policy statements and institutional framework reviewed in this study. The legal instruments (national and international) referenced here provide guidance to the development of projects that target the blue economy at the coast line in Kenya. 57. The environmental and safeguard measures take into account the guidelines by the GoK and the World Bank to include the following critical issues: • Assessment and management of environmental, social risk and impact, • Occupational safety standards, • Pollution prevention and management, • Resettlement Action Plans under land acquisition, restriction and land use planning, • Conservation of biodiversity, • Cultural heritage, • Vulnerable and marginalized communities, and • The principle of public participation through stakeholder engagement and informed disclosure. 3.1. Legal and regulatory Frameworks

58. The policy and legal instruments that guide the development of the blue economy enlisted and reviewed in this study are: 1. The vision 2030 MTP 3 59. The proposed development of the Fisheries and the Blue Economy will have significant negative and positive impacts on the environment from a sub project overt perspective and cumulatively. Overall the development of the fisheries and the blue economy will not only contribute to meeting the employment needs of the country but also in realizing the economic potential of the region through robust fishing industry, tourism, mining and gas exploration, better water transport facilities, export and import boom, growth in the insurance industry and the overall GDP growth.

2. The Kenya Constitution, 2010 60. The 2010 Kenyan Constitution is the Supreme law. Promulgated on 27th August 2010, the law has the following provision with regards to the environment: chapter 5 of the constitution is on Land and environment. As the provision for Sections 69 and 70, identifies the National Obligations in respect of the environment and Enforcement of Environmental Rights respectively as follows. Section 69 (1): The State shall— a) Ensure sustainable exploitation, utilization, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits; b) Work to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya;

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c) Protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities; d) Encourage public participation in the management, protection and conservation of the environment; e) Protect genetic resources and biological diversity; f) Establish systems of environmental impact assessment, environmental audit and monitoring of the environment; g) Eliminate processes and activities that are likely to endanger the environment; and h) Utilize the environment and natural resources for the benefit of the people of Kenya.

Every person has the right to a clean and healthy environment which includes the right – a) To have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated in Article 69; and b) To have obligations relating to the environment fulfilled under Article 70 Section 69 (2) States that; -Every person has a duty to cooperate with State organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources.

Section 70 provides for enforcement of environmental rights thus: (1). If a person alleges that a right to a clean and healthy environment recognized and protected under Article 42 has been, is being or is likely to be, denied, violated, infringed or threatened, the person may apply to a court for redress in addition to any other legal remedies that are available in respect to the same matter. (2). On application under clause (1), the court may make any order, or give any directions, it considers appropriate: a) To prevent, stop or discontinue any act or omission that is harmful to the environment; b) To compel any public officer to take measures to prevent or discontinue any act or omission that is harmful to the environment; or c) To provide compensation for any victim of a violation of the right to a clean and healthy environment.

(3). For the purposes of this Article, an applicant does not have to demonstrate that any person has incurred loss or suffered injury. The new constitution reinforces the provision of EMCA, 1999 amended in 2015 that obliges protection of the environment as provided by section 69 and 70 of the supreme law.

3. Kenya Vision 2030 61. The Vision 2030 is the economic, social and political pillars of Kenya. Vision 2030 seeks macroeconomic stability; continuity in governance reforms; enhanced equity and wealth creation opportunities for the poor; infrastructure; energy; science, technology and innovation (STI); land reform; human resources development; security as well as public sector reforms. The under the Mid Term Plan for the Vision 2030 infrastructural

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development for a network of roads, railways, ports, airports, water and sanitation facilities, and telecommunications are provided for. The social pillar of Vision 2030 has provision for environmental protection as it envisions a just and cohesive society enjoying equitable social development in a clean and secure environment. 4. Environment Management and Coordination Act 1999 (Amendment - 2015) 62. This is an Act of Parliament providing for the establishment of an appropriate legal and institutional framework for the management of the environment and for matters connected therewith and incidental thereto. This Act is divided into 13 Parts, covering main areas of environmental concern as follows: Preliminary: (I); General principles (II); Administration (III); Environmental planning (IV); Protection and Conservation of the Environment (V), Environmental impact assessments (EIA), audits and monitoring (VI); Environmental audit and monitoring (VII); Environmental quality standards (VIII); Environmental Restoration orders, Environmental Easements (IX); Inspection, analysis and records (IX); Inspection Analysis and Records (X); International Treaties, Conventions and Agreements (XI) National Environment Tribunal (XII); Environmental Offences (XIII). The Act has provision for conducting Environmental Social Impact and Audits under 2003 Regulations. The ESIA studies are to be conducted as provided for in Part III and V of the Regulations. Thus, under the projects, plans and programmes in the development of the Fisheries and Blue economy, ESIA should be conducted as per the regulations. The Environmental Management and Co-ordination (Waste Management) Regulations 2006 63. These are described in Legal Notice No. 121 of the Kenya Gazette Supplement No. 69 of September 2006. These Regulations apply to all categories of waste as provided in the Regulations. These include: i. Industrial wastes; ii. Hazardous and toxic wastes; iii. Pesticides and toxic substances; iv. Biomedical wastes; and v. Radio-active substances. 64. Solid and liquid waste is to be generated under projects planned in the blue economy development, this regulation should apply. Environmental Management and Coordination, (Water Quality) Regulations 2006 65. These are described in Legal Notice No. 120 of the Kenya Gazette Supplement No. 68 of September 2006. These Regulations apply to drinking water, water used for agricultural purposes, water used for recreational purposes, water used for fisheries and wildlife and water used for any other purposes. This includes the following: i. Protection of sources of water for domestic use; ii. Water for industrial use and effluent discharge; iii. Water for agricultural use.

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These Regulations outline: a) Quality standards for sources of domestic water; b) Quality monitoring for sources of domestic water; c) Standards for effluent discharge into the environment; d) Monitoring guide for discharge into the environment; e) Standards for effluent discharge into public sewers; f) Monitoring for discharge of treated effluent into the environment. 66. In fulfilling the requirements of the regulations, the project proponent will have to undertake monitoring of both domestic water and wastewater and ensure compliance with the acceptable discharge standards. Environmental Management and Coordination (Fossil Fuel Emission Control) Regulations, 2006 67. These regulations are described Legal Notice No. 131 of the Kenya Gazette Supplement No. 74, October 2006 and will apply to all internal combustion engine emission standards, emission inspections, the power of emission inspectors, fuel catalysts, licensing to treat fuel, cost of clearing pollution and partnerships to control fossil fuel emissions used by the Contractor. The fossil fuels considered are petrol, diesel, fuel oils and kerosene. Environmental Management and Coordination (Wetlands, Riverbanks, Lake Shores and Sea Shore Management) Regulations 2009. These regulations provide for the protection and management of wetlands, riverbanks, lakeshores and sea shore management and detail guidelines on the same. Environmental Management and Coordination (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009 68. These regulations prohibit making or causing any loud, unreasonable, unnecessary or unusual noise which annoys, disturbs, injures or endangers the comfort, repose, health or safety of others and the environment. It also prohibits the Contractor from excessive vibrations which annoy, disturb, injure or endanger the comfort, repose, health or safety of others and the environment or excessive vibrations which exceed 0.5 centimeters per second beyond any source property boundary or 30 meters from any moving source. Under the regulation the Contractor will be required to undertake daily monitoring of the noise levels within the Project area during construction period to maintain compliance. 5. Fisheries Management and Development Act No. 35 of 2016 69. An ACT of Parliament to provide for the conservation, management and development of fisheries and other aquatic resources to enhance the livelihood of communities dependent on fishing and to establish the Kenya Fisheries Services; and for connected purposes. The objective of this Act is to protect, manage, use and develop the aquatic resources in a manner which is consistent with ecologically sustainable development, to uplift the living standards of the fishing communities and to introduce fishing to traditionally non-fishing communities and to enhance food security.

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6. National Oceans and Fisheries Policy, 2008 70. The Fisheries and blue economy development and the project under KEMFSED is guided by the National Ocean and fisheries policy of 2008. 71. An Act of Parliament to provide for the establishment of the Kenya Maritime Authority as a body with responsibility to monitor, regulate and coordinate activities in the maritime industry, and for all other matters connected therewith and incidental thereto. The activities and proposed projects under KEMFSED should ensure the inclusion of the Kenya Maritime Authority as the lead agency. The Shipping Operations (Marine Pollution) Bill (Draft), 2013 72. An ACT to give further effect to international treaties and conventions on marine pollution, provide for the prevention and control of pollution of the sea from ship transport operations, preparedness and response for pollution emergencies arising from ship transport operation, liability and compensation for pollution damage arising from shipping transport operations and matters incidental to and connected therewith. The act will be applied in the development of the proposed project under KEMFSED and in the development of fisheries and blue economy. Unless otherwise expressly provided, this Act shall apply to: (a). Kenyan ships wherever they may be; and (b) all other ships operating within the internal waters, territorial sea, exclusive economic zone of Kenya and the continental shelf 7. The Wildlife Conservation and Management Act (No. 47 of 2013) 73. This is an ACT of Parliament to provide for the protection, conservation, sustainable use and management of wildlife in Kenya and for connected purposes. This Act may be cited as the Wildlife Conservation and Management Act, 2013. This will be applied to the projects under KEMFSED and on the projects for the fisheries and blue economy development..

8. Petroleum (Exploration, Development and Production) Bill, 2015 74. An Act of Parliament to provide a framework for the contracting, exploration, development and production of petroleum; cessation of upstream petroleum operations; to give effect to relevant articles of the Constitution in so far as they apply to upstream petroleum operations; and for connected purposes. This act is cognizant of the exclusive economic zones under the maritime authority through Cap. 371 on “Exclusive Economic Zone” has the meaning assigned to it in the Maritime Zones Act. This is important since the marine ecosystem is currently under threat from exploration and mining projects that may be a threat to the development of the KEMFSED and the blue economy as a whole. 9. Antiquities and Monuments Act, Cap 215 of 1983 75. This Act aims to preserve Kenya’s national heritage. Section-2 defines an antiquity as any moveable object other than a book or document made or imported into Kenya before 1895. Human, faunal or floral remains in Kenya dating to before the benchmark date of 1895 are also deemed to be antiquities. Both the National Museums of Kenya and the Kenya Cultural Centre have been established in part to discharge this Act. Some of the cultural sites at the

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coast play an important role in biodiversity conservation and in protection of the coastal ecosystem. Projects under KEMFSED should be guided by the Antiquities and monuments act. 76. The guidelines under the Protection of Traditional Knowledge and Cultural Expressions Act, 2016 on the framework for the protection and promotion of traditional knowledge and cultural expressions should be adhered to while carrying out development projects under KEMFSED. 77. Environmental Management and Coordination, Conservation of Biological Diversity (CBD) Regulations, 2006. These regulations are described in Legal Notice No. 160 of the Kenya Gazette Supplement No. 84 of December 2006. These Regulations apply to conservation of biodiversity which includes Conservation of threatened species, Inventory and monitoring of BD and protection of environmentally significant areas, access to genetic resources, benefit sharing and offences and penalties. 10. Occupational Health and Safety Act, 2007 This is an Act of Parliament to provide for the safety, health and welfare of workers and all persons lawfully present at workplaces, to provide for the establishment of the National Council for Occupational Safety and Health and for connected purposes. 11. The Water Act, 2016 78. Water in Kenya is owned by the Government, subject to any right of the user, legally acquired. The control and right to use water are exercised by the Minister administering the Act, and such use can only be acquired under the provisions of the Act. The Minister is also vested with the duty to promote investigations, conserve and properly use water throughout Kenya. Water permits may be acquired for a range of purposes, including the provision and employment of water for the development of power and other uses. The following are the regulations developed under Water Act 2016 relevant to this Project. 12. Public Health Act Cap 242 of 1921 79. The Public Health Act provides for the protection of human health through prevention and guarding against introduction of infectious diseases into Kenya from outside, to promote public health and the prevention, limitation or suppression of infectious, communicable or preventable diseases within Kenya, to advice and direct local authorities in regard to matters affecting the public health to promote or carry out researches and investigations in connection with the prevention or treatment of human diseases. This Act provides the impetus for a healthy environment and gives regulations to waste management, pollution and human health. 80. 13. Physical Planning Act, 1996 81. This Act provides for the preparation and implementation of physical development plans for connected purposes. It establishes the responsibility for the physical planning at various levels of Government in order to remove uncertainty regarding the responsibility for regional planning. A key provision of the Act is the requirement for Environmental Impact

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Assessment (ESIA). This legislation is relevant to the implementation and siting of sewerage plants in pilot urban centres as identified in the project document. The physical planning under the KEMFSED and in the development of the blue economy should be guided by the Urban and Cities Act 2019 in the planning for the projects. 14. The Forest Act No 7, 2005 82. The Forest Act, Cap 385 of 1962 (revised 1982, 1992 and 2005) addresses the reservation, protection, management, enforcement and utilization of forests and forest resources on Government land. The Forest Act is applicable to gazetted forest areas (Forest Reserves) and specifically covers: ✓ Gazettement, alteration of boundaries and de-gazettement of Forest Reserves (Section 4); • Declaration of Nature Reserves within Forest Reserves and regulation of activities within • Nature Reserves (Section 5); • Issuance of licenses for activities within Forest Reserves (Section 7); • Prohibition of activities in Forest Reserves (removal of forest produce, grazing, cultivation, hunting, etc.) and on un-alienated Government land (removal of trees, collection of honey, lighting of fires) except under license from the Director of Forest Services (Section 8); • Enforcement of the provisions of the Act, penalties and powers afforded to enforcing officers (Sections 9-14).

15. The Land Act (No. 6 of 2012) 83. Land Act, 2012, Section 107, that whenever the national or county government is satisfied that it may be necessary to acquire some particular land under section 110 of Land Act 2012, the possession of the land must be necessary for public purpose or public interest, such as, in the interests of public defense, public safety, public order, public morality, public health, urban and planning, or the development or utilization of any property in such manner as to promote the public benefit; and the necessity therefore is such as to afford reasonable justification for the causing of any hardship that may result to any person having right over the property, and so certifies in writing, possession of such land may be taken. The guidelines for the Sessional Paper, No. 1 of 2017 on National Land Use Policy which provide legal, administrative, institutional and technological framework for optimal utilization and productivity of land related resources in a sustainable and desirable manner at national, county and community levels should also be adhered to while undertaking KEMFSED projects. 16. The Employment Act, 2007 84. This Act declares and defines the fundamental rights of employees; minimum terms and conditions of employment; to provide basic conditions of employment of employees; and to regulate the employment of children, among other rights. Key sections of the Act elaborate on the employment relationship; protection of wages; rights and duties in

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employment; termination and dismissal and protection of children, among others. This Act will guide the management of workers, especially during the project implementation period. 17. HIV and AIDS Prevention and Control Act, 2011 85. The object and purpose of this Act is to (a) promote public awareness about the causes, modes of transmission, consequences, means of prevention and control of HIV and AIDS; (b) extend to every person suspected or known to be infected with HIV and AIDS full protection of his human rights and civil liberties by (i) prohibiting compulsory HIV testing save as provided in this Act; (ii) guaranteeing the right to privacy of the individual; (iii) outlawing discrimination in all its forms and subtleties against persons with or persons perceived or suspected of having HIV and AIDS; (iv) ensuring the provision of basic health care and social services for persons infected with HIV and AIDS; (c) promote utmost safety and universal precautions in practices and procedures that carry the risk of HIV transmission; and (d) positively address and seek to eradicate conditions that aggravate the spread of HIV infection. 18. Sexual Offences Act, 2006 86. An Act of Parliament that makes provision about sexual offences, aims at prevention and the protection of all persons from harm from unlawful sexual acts, and for connected purposes. Section 15, 17 and 18 below are mainly focused on sexual offenses on minor (children).

19. Child Rights Act (Amendment Bill) 2014 87. This Act of Parliament makes provision for parental responsibility, fostering, adoption, custody, maintenance, guardianship, care and protection of children. It also makes provision for the administration of children's institutions, gives effect to the principles of the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. Section 15 states that a child shall be protected from sexual exploitation and use in prostitution, inducement or coercion to engage in any sexual activity, and exposure to obscene materials. Projects to be carried under KEMFSED should ensure the rights of children are protected.

20. Labour Relations Act, 2012 88. An Act of Parliament to consolidate the law relating to trade unions and trade disputes, to provide for the registration, regulation, management and democratization of trade unions and employers organizations or federations, to promote sound labour relations through the protection and promotion of freedom of association, the encouragement of effective collective bargaining and promotion of orderly and expeditious dispute settlement, conducive to social justice and economic development and for connected purposes. This Act in Section II Part 6 provides for freedom of employees to associate; section 7 provides for protection of rights of employees; Part 9 provides for adjudication of disputes and Part 10 provides for protection of the employees to hold strikes and lock outs.

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21. National Gender and Equality Commission Act, 2011 89. The over-arching goal for NGEC is to contribute to the reduction of gender inequalities and the discrimination against all; women, men, persons with disabilities, the youth, children, the elderly, minorities and marginalized communities. The projects should adhere to one third gender rule to help in reducing inequalities and discrimination. 22. Energy Bill 2017 (assented in March 2019) The law establishes the: i. Energy and Petroleum Regulatory Authority, ii. Rural Electrification and Renewable Energy Corporation, and iii. Nuclear Power and Energy Agency.

90. The Energy and Petroleum Regulatory Authority will regulate generation, importation, exportation, transmission, distribution, supply and use of electrical energy with the exception of the licensing of nuclear facilities. It will also regulate importation, refining, exportation, transportation, storage and sale of petroleum and petroleum products with the exception of crude oil, as well as manage production, conversion, distribution, supply, marketing and use of renewable energy. Key issues of oil exploration along the coastal line are addressed in this statute. 3.2. Institutional Policies

1. National Policy on Environment and Development Sessional Paper No. 6 of 1999 91. Currently, a far-reaching initiative towards an elaborate national environmental policy is contained in the Sessional Paper No. 6 of 1999 on Environment and Development. It advocates for the integration of environmental concerns into the national planning and management processes and provides guidelines for environmentally sustainable development. 2. National Environment Policy, 2013 92. The goal of this Policy is: Better quality of life for present and future generations through sustainable management and use of the environment and natural resources. 93. There is increasing pressure on the coastal and marine ecosystems. The major direct threats to these ecosystems include urbanization, poor waste management, shoreline modification, pollution from land-based activities and other sources, over-exploitation and destruction of marine living resources such as mangroves, oil and gas exploration, use of unsustainable fishing methods, invasive and alien species and adverse effects of climate change. These proposed projects under KEMFSED should ensure the protection of this vital ecosystem. 3. The National Environmental Sanitation and Hygiene Policy-July 2007 4. The National Environmental Sanitation and Hygiene Policy is devoted to environmental sanitation and hygiene in Kenya as a major contribution to the dignity, health, welfare, social well-being and prosperity of all Kenyan residents. Forest Policy, 2005

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The goal of this Policy is to: enhance the contribution of the forest sector in the provision of economic, social and environmental goods and services. 5. Fisheries Policy, 2005 The overall objective of this policy is to: “Create an enabling environment for a vibrant fishing industry based on sustainable resource exploitation providing optimal and sustainable benefits, alleviating poverty, and creating wealth, taking into consideration gender equity.” 6. Wildlife Policy, 2007 The goal of this Policy is to provide a framework for conserving, in perpetuity, Kenya’s rich diversity of species, habitats and ecosystems for the wellbeing of its people and the global community. 7. Wetland Policy 2008 Draft 94. The development of this Policy is in cognizance of the importance of wetlands nationally and Kenya’s obligation under the Ramsar Convention. The policy takes into consideration the broader national environmental frameworks, particularly the Environment Management and Coordination Act (EMCA) 1999, the country’s premier framework environmental law, the Water Act 2002, the Water Policy and the Forest Policy 2007. 95. Overall, the projects under KEMFSED will be a milestone in attaining the Vision 2030, a blue print in Kenya’s development agenda and in meeting the Sustainable Development goals on Goal number 3: Good health and well-being Goal, number 6: Clean water and sanitation, Goal 8: Decent work and economic growth Goal and number 14: Life below water. The projects will enhance the long-term growth in GDP in the county. The legal, institutional and policy frameworks are in line with the guidelines on environmental safety guards as provided for by World Bank, the supreme law in Kenya i.e. the 2010 Kenya Constitution and the provisions of EMCA 1999 amended 2015. 3.3. Consultations/Stakeholder and Public Participation

Stakeholders involved 96. Public participation will be a key aspect of EIA process. In order to incorporate diverse views, address key facts and issues, and ensure an outcome that is satisfactory both to the proponent and to the community the process is envisaged to be open to public scrutiny and responsive to public concerns. For effective citizen engagement and participation there should be deliberate efforts geared towards the following: • Citizens’ involvement at every stage of the EIA process and of essence public participation in scoping and the review and comment stages • Provide forums to fully inform the public, as well as receiving feedbacks from them • Provide opportunity for the public to challenge an EIA to ensure the EIA has accomplished its set objectives.

The range of stakeholders involved in an EIA typically includes: i. The people/individuals, groups and communities who are affected by the proposal (proposed project);

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ii. The proponent and other project beneficiaries; iii. Government agencies; iv. NGOs and interest groups; and v. Others, such as donors, the private sector, academics, etc.

i. Local people • Individuals or groups in the affected community will want to know what is proposed; what the likely impacts are; and how their concerns will be understood and taken into account. • They will want assurances that their views will be carefully listened to and considered on their merits. • They will want proponents to address their concerns. • They will also have knowledge of the local environment and community that can be tapped and incorporated into baseline data.

ii. Proponents/KEMSFED 97. Understandably, proponents would like to shape the proposal to give it the best chance of success. Therefore, should endeavor to create public understanding and acceptance of the proposal through the provision of basic information. Notwithstanding the project design can improve through use of public inputs that provides alternatives and mitigation and understanding of local knowledge and values. iii. Government Agencies 98. The government agencies involved in the EIA process would like relevant policies and regulatory responsibilities addressed in impact analysis and mitigation consideration. Furthermore, for the competent authority, an effective public involvement program can mean the proposal may be less likely to become controversial in the later stages of the process. However, for responsible EIA agency, the concern is whether or not the public involvement process conforms to requirements and procedures. iv. NGOs/Interest groups 99. Comments from NGOs can provide a useful policy perspective on a proposal; for example, the relationship of the proposal to sustainability objectives and strategy. Their views may also be helpful when there are difficulties in involving local people. However, this approach should be considered as exceptional; it cannot substitute for or replace views which should be solicited directly. v. Other interested groups • Other interested groups include those who are experts in particular fields and can make a significant contribution to the EIA/ESIA/SEA study. • The advice and knowledge of government agencies and the industry sector most directly concerned with the proposal should always be sought. • However, in many cases, substantive information about the environmental setting and effects will come from outside sources.

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• The different benefits provided for key groups by effective public participation are described in the table below. However, these benefits may not be always realized or acknowledged by participants. • Each of the above groups may perceive the benefits gained from public involvement in the EIA process through the lens of their own experience and interests. Table 4: The benefits of effective participation for different groups

The proponent The decision-maker Affected communities • Raises the • Achieves more • Provides an opportunity to proponent’s informed and raise concerns and influence awareness of the accountable decision the decision-making process potential impacts making of a proposal on the environment and the affected community • Legitimizes • Provides increased • Provides an opportunity to proposals and assurance that all gain a better understanding ensures greater issues of legitimate and knowledge about the acceptance and concern have been environmental impacts and support addressed risks that may arise • Improves public • Demonstrates fairness • Increases awareness of how trust and and transparency, decision-making processes confidence avoiding accusations work, who makes decisions of decisions being and on what basis made ‘behind closed doors’ • Assists by • Promotes good • Empowers people, obtaining local relations with the providing the knowledge information/data proponent and third that they can influence parties e.g. neighbors decision making and creating a greater sense of social responsibility • Avoids • Avoids potentially • Ensures all relevant issues potentially costly costly delays later in and concerns are dealt with delays later in the the process by prior to the decision process by resolving conflict resolving conflict early early

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4.1. Description of Environmental Baseline

4.1.1. Physical Environment 100. The coastal Kenya is situated to the south from the equator. The five target counties in the coastal region (Kwale, Mombasa, Kilifi, Tana River and Lamu) have marine ecosystems namely mangrove wetlands, estuaries, coastal forests, sand dunes and sandy beaches, coral reefs and sea grass beds that support a variety of aquatic and terrestrial fauna and flora species. Other physical environmental features discussed in this section are hydrology and drainage, climate, soils, geology and topography of the Kenyan Coast. 4.1.1.1. Hydrology and Drainage 101. The coastal region of Kenya has both seasonal and perennial rivers which drain in the Indian Ocean. The major rivers are Sabaki and Tana which originate from Mount Kenya, Nairobi and Nyambene hills in eastern Kenya. The longest river in Kenya, Tana river, drain into the Indian ocean near Kipini while Sabaki river, the second largest river in Kenya, drain into the ocean 5 kms North of Malindi town. Other rivers include Umba, Ramisi, Mwachema, Pemba, Mkurumuji, Mwachi, Marere in Kwale County and Mwache, Kombeni and Tsalu in Mombasa County. Seasonal rivers in Kilifi County are Nzovuni, Kombeni, Goshi and Rare. Lamu County has fresh water oxbow lake named Lake Kenyatta. The lake is fed by the Tana River basin, which drains the Mt Kenya and Aberdare regions (Figure 1). There are creeks in Mombasa extending to Mtwapa, Kilifi, Mida ending at Malindi. Members of the local community in Ozi village I Tana Delta reported that they are significantly affected by the frequent flooding due to releasing of water by KENGEN from the major hydro-power dams in the upper catchment. The floods have led to destruction of Ozi bridge, crops, livestock, wildlife, other infrastructure and human settlement (Figure 6 and 7).

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Figure 5: Drainage and Elevation Map

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Figure 6: Ozi bridge destroyed by floods associated with the KENGEN managed dams upstream

Figure 7: Location of Collapsed Ozi bridge in Ozi Village, Kipini, Tana Delta, Tana River

There have been recent hydrology changes due to over abstraction, damming activities upstream and encroachment of riparian zones. Many reported cases of over-abstraction of river water, in the context

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<< ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) >> of overall freshwater shortage in the Coast counties. A number of riparian areas have been grabbed by developers. 4.1.1.2. Climate 102. Coastal region experiences bimodal rainfall patterns. Long or strong seasonal pattern peaks between late March and early June. Short rains occur between October and November but decreases rapidly from December to a minimum during January and February. Mean annual total rainfall ranges from 508 mm in the drier, northern hinterland to over 1,016 mm in the wetter areas south of Malindi (Figure 8).

Figure 8: Rainfall GIS Map

Temperatures in Kilifi ranges at 21oC to 30oC at the coastal belt and 30oC to 34oC at the hinterland. Tana river average annual temperatures is 30oC, with highest temperatures of 41oC experienced in the months of January to March and the lowest temperatures of 20.6oC in the months of June and July. Kwale County, the total annual rainfall varies from 900 mm-1500 mm per annum with average temperatures range from 26.3oC to 26.6oC in coastal lowlands,

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25.0oC to 26.6oC in coastal uplands and 24.6 oC to 27.5 oC in the hinterlands. Mombasa County annual mean temperatures is 27.9oC, with minimum and maximum temperatures of 22.7oC and 33.1oC respectively. Climate change has impacted significantly fishermen due to changes increased tides in the ocean and decline of some particular aquatic resources. Patterns of water and tides-high water marks, therefore, fish landing sites destroyed, prolonged drought and flooding has affected the many landing sites. In addition, loss of vegetation cover in the upper catchment areas has also led to decline in rainfall therefore, significantly reducing livelihoods of the local community that is dependent on rain-fed agriculture. Crop failure has been reported in Kwale County (Msambweni, Kinango), Kilifi County (Kilifi South and Kilifi North), Lamu (Lamu West and East Sub-Counties). 4.1.1.3. Soils, Geology and topography 103. The Kenyan coast has rocks made of sediments from tertiary, cretaceous, Jurassic; Triassic to the Precambrian ages (Figure 6). Ground water resources are found in Cretaceous and volcanic sediments since they enhance percolation of coastal aquifers. In coastal region, most rock formations have a shallow water table between 20 and 30 m with varying salinity (Figure 5). The highest water quality is found in areas covered with Kibiongoni beds and Magarini and Kilindini sands, for example, the Tiwi area of the South Coast. Poor quality water is found in areas covered with Pleistocene limestone and Jurassic shales (Munga et al. 2006).

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Figure 9: Soil distribution map in Coastal Kenya 104. There are four topographical features namely coastal plains, foot plateau, coastal uplands and Nyika plateau. Nyika is 600 m above the sea level; it is high ground with Duruma sand stone series and older rocks to the west. Foot Plateau lies between 140 m and 600 m above the present sea levels and coincides with the relatively younger Jurassic rocks. Coastal plains represent the lowest ground rising from sea level to 140 m. Coastal uplands rise steeply from the foot plateaus. Kwale county coastal uplands have sand stone namely Shimba hills (420m above sea level), Dzombo hills, Tsimba hills and Mrima hills.

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Figure 10: Geology distribution map

4.1.1.4. Sand Dunes and Beaches 105. Sand dunes and beaches are formed by sediments from eroding corals, shells and river deposits. Example, sand dunes along the coastline in Lamu, Tana River and Kilifi counties are supplied by sediments from Sabaki and Tana River. They are a breeding, feeding and nesting habitat to a variety of fauna- crabs, birds, turtles. Sand dunes in Lamu are a source of fresh water for the county and environs Socio-economic benefits derived from sand dunes and beaches are tourism, harvesting of sand and mineral exploration. There are a number of private owned beaches and public beaches along the coastal shores in the five

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counties. Private beaches are well maintained and cleaned compared to public beaches. Public recreation beaches and beaches used as fish landing sites are however polluted by solid waste- plastics and nylon. Some of the fish landing sites in Lamu County are indicated in figure 11 and 12 below. Table 5: List of some of the sandy beaches in the targeted five (5) counties

County Beaches Mombasa Bamburi, Shelly, Nyali, Kenyatta, Kikambala, Shanzu Kwale Tiwi, Diani, Msambweni, Kinondo, Shimoni, Wasini Islands Kilifi Vipingo, Watamu-turtle bay, Malindi Lamu Manda bay, Shella, Kiwayu Tana River Delta dunes

4.1.2. Biological Environment (fauna) 106. The targeted five counties of the coastal Kenya is richly endowed with variety of fauna life in aquatic and terrestrial ecosystems. 4.1.2.1 Aquatic fauna resources Aquatic Fauna resources in Kilifi County 107. Fish species for artisanal aquaculture are tilapia catfish (Clariusgariepinus) and (Tilapia niloticus). Marine fisheries species are categorized as demersal, pelagics, Sharks and rays among others. Demersal fish species include the following: Scavenger, snapper, parrot fish, surgeon fish, surgeon fish, Rabbit fish, unicorn fish, Grunter, pouter, goat fish, rock cod, cat fish, rock cod and streaker. Pelagics categories of fish are Cavalla Jack, Mullets, Little mackerels, Barracudas, Milk Fish, King Fish, Queen Fish, Sail fish and Bontos/Tunas. Crustaceans’ species are lobsters, prawns and crabs among others- oysters, Becher-de-mer, octopus, squids, Sharks, Rays and sardines. Aquatic Fauna resources in Tana River County 108. Tana River County has a coastline of about 76 km. The aquatic fauna includes Crustaceans-prawns and crabs, lobsters, octopus. Fresh water fish include Tilapia, catfish and protopterus species. Aquatic fauna resources in Kwale County 109. The county has a marine reserve- Kisite Mpunguti a habitat and protects a variety of flora and fauna species. Aquatic fauna species in Kwale are holothurians (sea cucumber) and fish octopus, Molluscs and crustaceans such as prawns and crabs. Endangered species in the county include dugong, green turtle and hawksbill turtle. Marine vegetation in the county include mangroves and sea grass beds located in Gazi, Tsunza, Vanga and Funzi. Fish reserves are found in Shimoni, Vanga, Diani, Msambwebi and Tiwi. Main types of fish species King fish, scavengers, Rabbit fish and Jack fish. Aquatic resources in Lamu County

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110. Save Lamu NGO mapped quite a number of natural resources. The aquatic fauna are crabs, lobsters, prawns, marine animals and sea cucumbers. Fish species include such as Tuna, red snapper, white snapper, Ornatus, lobsters, octopus, dugongs, star fish, dolphins, blue merlins, sharks, oysters, crabs, prawns, squids among others.

Figure 11: Fish Landing Sites within Lamu County

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Figure 12: GIS Maps showing Lamu County Fishing grounds Mangrove cover and landing sites

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111. There are Marine protected areas (MPAs) a management strategy adapted to conserve and protect the aquatic flora and fauna biodiversity. A summary of the marine protected areas is shown in Table 6 below. Table 6: Kenya marine protected areas

MPA Designation Size (Km) IUCN category Year established Kiunga MR &MaBR 600 VI 1980 Malindi Marine Park NP&MaBR II 1968 Watamu Marine Park NP&MaBR 32 II 1968 Malindi &Watamu MR &MaBR 177 VI 1968 Mombasa NP 10 II 1968 Mombasa Marine NR 200 VI 1968 Reserve Diani NR 75 VI 1993 Kisite NP 28 II 1978 Mpunguti NR 11 VI 1978

MR- Marine reserve, MP-Marine Park, MaBR-Man and Biosphere reserve, NR-National Reserve

Sources; Arthur &Mohammed _The George wright forum, 2012 4.1.2.2 Terrestrial Fauna and Resources 112. The coastal region targeted counties are a habitat to a variety of terrestrial fauna namely birds, reptiles, amphibians and mammals. They are elephants, baboons, monkeys, buffalos, giraffes, Zebras, Impala to mention a few. Some of these species are endemic, others endangered, critically endangered, vulnerable, threatened according to IUCN Red list status. Endemic species are unique and exists in one geographical location such as county, island, zone, habitat type. Some of the endemic species in the Kenya coast are sable antelope a rare species endemic to Shimba hills national reserve, Tana river colobus and Tana river mangabey endemic to Tana river (NEMA SOC, 2017). Endemic birds in Kilifi County are Clarke’s weaver, Sokoke scops, owl, amanii sunbird, sokoke pit near endemic to Arabuko Sokoke forest.

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Table 7: List of TERRESTRIAL FAUNA SPECIES in the Kenyan coast

Fauna Common name Scientific name Habitat-forest Endangered species

Mammals African Wild Dog Lycaon pictus Boni-Dodori Golden-rumped sengi Rhynchocyon chrysopygus Arabuko sokoke Reptiles Sagalla caecilian Boulengerula niedeni Taita Hills Critcally Endangered species Mammals Aders Duker Cephalophus adersi Arabuko sokoke Frogs Taita Hills Warty Frog Callulina dawida Taita Hills Vulnerable species Mammals African elephant Loxodonta Africana Arabuko sokoke Common Duiker Sylvicapra grimmia Boni-Dodori Haggard's Oribi ourebia ourebia hagard Boni-Dodori Leopard Panthera pardus Boni-Dodori Lion Panthera leo Witu Sokoke Bushy-tailed Bdeogale omnivore Arabuko sokoke Threatened species Frogs Forest Spiny Reed Frog Hyperolius sylvaticus Shimba hills Shimba Hills Reed Frog Hyperolius rubrovermiculatus Shimba hills Shimba Hills Banana Frog Afrixalus sylvaticu Shimba hills Not Threatened Mammals Lesser Elephant Shrew Elephantulas rufescens Witu Conservation depedent Crested mangabey Cercocebus galeritus Tana river Giant Sengi Rhynchocyon sp Boni-Dodori Suni Neotragus moschatus Witu Tana river red colobus Procolobus rufomitratus Tana River least concerned species Sable antelope Hippotragus niger roosevelti Shimba hills

(Source, NEMA, SOC 2017)

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4.1.3. Biological Environment (flora) 113. The coastal region of Kenya is endowed with a diverse marine and terrestrial flora as discussed in detail below 4.1.3.1. Aquatic Flora and Resources The counties in the Kenyan coast have near-shore islands, bays and creeks with diverse aquatic flora such as have mangroves forests and sea grasses. Marine forests (Mangroves) 114. The Kenyan coast is endowed with mangroves forests. The forests are a source of livelihoods to the local communities as well as socio-economic growth of the region and nationally. The goods derived from the mangrove forests are wood used for building materials, firewood and charcoal. Services derived include breeding grounds and habitat for fish, prawns, crabs, turtles and other wildlife. They also act as carbon sink, sequestering carbon dioxide, a greenhouse gas from the atmosphere hence regulating climate and protects the she line from erosion. Other activities include bee keeping, eco-tourism and restaurant activities such as Dabaso Mida creek and Prawns lake conservation groups’ project.

Figure 13: prawns lake conservation group engaging in eco-tourism and restaurant in watamu

115. The mangroves are however facing destruction by investors as well as sustainable wood harvest by fuel and poles users. In Marereni consultation meetings, destruction of mangrove for fuel and timber was found rampant and that cases have been reported to the administrators and police, but no action taken. Climate change effects affecting the mangroves, from the community consultation meeting, they were sentiments that during rainy seasons, the river floods causing siltation at the beaches. The sand covers the mangrove tree nurseries hindering the growth as well as destroying the breeding habitat of the fish, prawns, crabs and other wildlife. It was also noted that due to siltation, there is also overproduction of mangroves. The mangroves are however being conserved by various community-based conservation groups and BMUs in collaboration with the state and non- government organizations.

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Figure 14: Mangroves Forest in Mtwapa Creek

Table 8: Mangroves forest in the five KEMFSED targeted counties of the Kenyan coast

County Forested Mangrove area (ha) % cover Lamu 37,350 61 Kilifi 8,536 14 Kwale 8,354 14 Mombasa 3,771 6 Tana River 3,260 5 Total 61,271 100 Source: Government of Kenya, 2017; NEMA 2017, SOC 2nd edition) Sea grasses beds 116. Sea grasses have a role in the coastal marine ecosystem as breeding and feeding grounds of fishery species, carbon sequestration and nutrient cycling and erosion control. There are a variety of sea grass species in Kenya. The beds cover an estimate surface area of about 33,600 ha, most extensive in Kiunga area- Lamu, Ungwana Bay-Malindi, Mombasa, Watamu, Shimoni-funzi and Chale-Diani (KWS, 2013 & SOC 2 (ed.) 2017). Coral reef beds 117. Coral reefs lie within hard or rocky substrates from shallow inshore waters of <1.5m to about 25-45 m depth. Diversity of coral species decreases northwards along the coast. Highest diversity of corals occurs at Kisite-Mpunguti south coast, followed by Lamu (173) and Kiunga (167) in the north (Obura, 2012 & SOC 2 (ed). 2017). Coral reefs in Kwale County covers a total area of 50,000 ha. The reefs categorized as coral flats, reef platforms, fringing reefs and lagoons. Healthy corals are found in marine protected areas. Coral reefs are a habitat of biodiversity species- fish, molluscs and echinoderms. 118. Shallow coral reefs are facing risk of destruction due to pollution of ocean shores by effluents, unsustainable fishing methods and overfishing at the shallow corals. Over fishing at the near shore is execrated by boats of poor material quality and low power capacity that

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are not suitable for deep sea fishing. Coral bleaching and mortality is a risk caused by high temperatures at the sea surface. Drainage of water from swimming pools by hotel industries also harms the coral reefs. Aquarium fishing also cause destruction of coral reefs. 4.1.3.2. Terrestrial forest 119. Coastal Kenya has terrestrial forests located in the KEMFSED targeted counties of Mombasa, Kwale, Lamu, Tana Rive and Kilifi. The status of the forests are categorized as forest reserves, trust lands, provisional forests and national monuments. The forests are a source of livelihoods for the coastal communities particularly the indigenous communities; Saanye, Boni, Watha etc. who depended on the forests products as hunters and gatherers. The kaya forests are sacred to the local communities as places of worship and other historical cultural beliefs. The forests have a variety of biodiversity namely plant species, reptiles, birds and other fauna such as monkeys. The table below is a summary of the terrestrial forests in Coastal Kenya.

Figure 15: KFS Coastal Conservancy 120. Coast Conservancy comprise of six Counties namely: Tana River, Lamu, Kilifi, Mombasa, Kwale and Taita Taveta. Each County is headed by an Ecosystem Conservator (EC) who is in charge of all forestry matters in the County. The total forest area in the conservancy is 508,012 ha and can be broken down as follows; ✓ Government gazzetted forest - 134,758.5 ha (of which 34,355 ha are mangroves) ✓ Un-gazzeted forests - 373,254ha –mainly in Tana River ✓ The major forest blocks are in the following counties; Kwale County: Simba hills, Buda forests, Mangroves.

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Kilifi County: Arabuko-Sokoke forest and mangroves Lamu County: Witu/Boni forests and mangroves ✓ Taita Taveta County: Taita hills ✓ Tana River County: Kipini and many County forest and mangroves ✓ Mombasa County: Mangroves.

121. Most of our forests are indigenous natural forests. Planted exotic plantations cover only approximately 3,000 Ha. Therefore, the main activities in these forests include: - Patrols to control threats against illegal cutting of trees and encroachment; - Enrichment planting/rehabilitation of degraded sites within the forest; and - Planting of exotics and maintenance of planted ones.

Figure 16: Mangroves forest and seedlings in Mtwapa Creek in Mombasa County 122. The other major activity is to promote forest extension/community forestry in the areas outside the gazzeted forests through; - Technical advice on tree nursery establishment; - Technical advice on agro forestry trees on farms; - Planting of trees on public land and institutions; and - Involving and educating farmers on the importance of Participatory Forest Management and conservation (PFM).

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4.1.4. State of Forests and Tree Cover 123. The table below shows the state of forests in the coast counties and seedling production to address the tree cover concerns. Table 9: State of Forests in The Coast Counties And Seedling Production

Counties Lamu Kilifi Kwale Mombasa Taita Tana Forests Taveta River 1. Public Forest (Ha) 145,227.7 41015.02 38,300 3769 267.67 2,665 2. Community Forest (Ha) 81,548 Nil Nil Nil 27,481.4 255,696 3. Seedling Production 1,009,004 283,950 90,000 3,081,986 1,382,01 246,875 0 4. Reforestation & Tree 356 34 32 3 Nil Nil growing (Ha) 5. Rehabilitation of degraded 21 65 30 1.4 Nil Nil, areas (Ha) 6. Public Forest Boundaries 1600 62 570 100 Nil Nil (Ha)

Forest Security and Protection Status of Forest Protection, Regeneration and analysis of Protection activities 124. Generally, there was adequate forest protection of forest areas within all the counties within the conservancy provided by the limited Forest Rangers available. With a total forest area of 508,012 ha, this give an average of 2,632 ha for each ranger to patrol and protect, which is quite inadequate. In terms of Forest Rangers Housing development, a total of Kshs 5,556,473 was spent towards construction and refurbishment of rangers housed in Tana River County (Kshs 1 Million), Taita Taveta County (Kshs 2 million), Kilifi County (Kshs 1,556,473) and Mombasa County (Kshs 1 Million). There was no housing development in Lamu and while in Kwale refurbishment was done. Most rangers were engaged in containing illegal activities like illegal logging, illegal charcoal burning, confiscation of equipment and timber products found without proper documentation, reducing encroachment into forest areas by communities and taking cases to court for prosecution. Analysis of Forest Biodiversity, Watershed Conservation and Management 125. Several types of coastal forests occur in Kenya: Woodland (0.1%); Coastal evergreen bush land (0.4%); Coastal palm stands (<0.1%) (Bennun & Njoroge, 1999). The two largest coastal forests are Arabuko-Sokoke, (370 km2); Shimba Hills, (area 63 km2) (WWF- EARPO 2002). Most coastal forests (80.3%) in Kenya have been awarded some form of protection: They include Shimba Hills, (6 km2), Arabuko-Sokoke Forest, (74 km2) and the Tana River Forests. There are almost 50 Kaya forest patches scattered throughout the ecosystem, most of which are now protected under the Antiquities and Monuments Act. A significant proportion of coastal forests in Kenya (114 km2) have no formal protection for example Ras Tenewi, Tana Delta, North Kilifi Brachystegia Woodland, Mangea Hill and Kilibasi Hill. In terms of biodiversity, coastal forests in Kenya together host all globally threatened species occurring within the coastal strip and therefore the most important

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blocks are: Shimba Hills, Lower Tana River forests, Witu Forest Reserve, Arabuko Sokoke Forest, Diani Forest and Kaya Ribe. Virtually all coastal forests in Kenya have globally unique biodiversity values and most contain at least one endemic species (Burgess & Clarke 2000).

Figure 17: tree species in Arabuko Sokoke forest 126. Forests are known to offer environmental and ecological services which include provision of water through springs and ground water aquifer recharge systems. Coastal forests were sustainable managed, and especially Arabuko Sokoke and the riverine forests along the Tana River remained intact during the year. The coastal forests are also habitat to a variety of flora and fauna species (table 8). Table 10: Summary Of Species Outcomes For The Kenyan Coastal Forests Hotspot (Adapted From CEPF, 2003)

Taxonomic group Number of species listed by IUCN Total CR EN VU Mammals 1 4 4 9 Birds 2 6 2 10 Amphibians 1 2 3 Gastropods 3 3 Plants 5 11 64 80 Total 8 22 72 102 CR-Critically Endangered EN-Endangered VU-Vulnerable Forest Fires, Diseases and Pest management 127. There was no report of significant occurrence of forest fires, pests and disease occurrences in the conservancy during the year under review. However, forest personnel were placed on standby and high alert during the fire season to tackle any emergency that might occur. Staff in the field stations was also instructed to be vigilant and report cases of pest and disease out breaks that they may come across.

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4.2. Poverty Reduction and Employment Creation

4.2.1. Livelihood Improvement Initiatives 128. In the Conservancy several Income generating activities (IGAs) and Nature based enterprises (NBEs) have been initiated towards improving the livelihoods of communities’ neighboring forest areas and within community lands. The main aim is to reduce poverty and create employment. Some of the initiatives include beekeeping, commercial woodlot establishment, promotion of Non-Timber Forest Products (NTFPs), butterfly farming and carbon trade. However, there is more potential in our natural forests. 4.2.2. Empowerment Opportunities in Ecotourism and Nature Based Enterprises 129. Several sites (Dabaso Mida creek, Prawns lake conservation group, Wasini etc ) had been identified for ecotourism development to augment the current existing ones within forest areas in the conservancy and among the nature based enterprises on going include board walking in mangrove forest areas, establishment of tourist bandas, selling of shells, clothing, beads to tourists, and tour guide associations’ development among others. These activities have empowered the local communities economically. 4.2.3. Status of Partnerships and Stakeholders Engagement 130. The status of partnerships and stakeholder involvement in forest conservation and management is cordial with several State and Non-State Actors involved. Recently, with devolution, the local community, county governments have played an active role in terms of supporting conservation thro participatory forest management initiatives. 4.2.4. Forest products industry and trade 131. The Implementation of the Moratorium had affected the forest products trade in terms of supply, demand trends as well as exports and imports, and was fully enforced within the conservancy. Table 11: Coverage and legal status of terrestrial forests within the coastal counties of Kenya

County Forest Area(ha) Legal Status Kilifi Arabuko Sokoke 42,000 Forest Reserve Madaguni 1,000 Forest Reserve

Mwangea hill 2,000 Trustland/private

Nzovuni 500 Trustland/private Dakacha woodlands 32,000 Trustland Kwale Shimba hills 19,242 Forest Reserve Mkongani 2,479 Forest Reserve

Mwaliganje 1,414 Forest Reserve

Mwache 417 Forest Reserve

Buda complex, Mrima, Dzombo,Marenje, 5,080 Forest Reserve Gonja Kilibasi 500 Trustland Tana river Wayu 42,512 Forest Reserve

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Kokani 61,495 Forest Reserve Bangali 119,373 Forest Reserve

Kipini 22,016 Provisionalforest Mbalambala, Hewani, Mwina 10,298 Forest Reserve Lamu Witu Lamu 4,676 Forest Reserve Boni Lungi 39,725 Forest Reserve

Panda Nguo 41,316 Forest Reserve Ras Tenawi 2,000 Trustland All counties Kaya-50 sites 2,840 National Monument

Adapted from: NEMA (2017) State of Coast report for Kenya

Forest Management Challenges, Opportunities and Lessons Learnt 132. Among the challenges and opportunities within the conservancy during the year under review were as follows: Challenges: ✓ Illegal cutting of trees from forest for timber, ✓ Illegal charcoal burning, ✓ Illegal squatters and encroachment in forest areas, ✓ Boundary alignment and maintenance, ✓ Inadequate financial resource allocation, ✓ Inadequate human personnel; especially Forest Rangers, Foresters, ✓ Inadequate transport (vehicles and boats) in the field stations, ✓ Inadequate equipment computers, firearms, ✓ Forest fires, ✓ Lack of capacity, especially by county governments on environmental issues, ✓ Insufficient infrastructure development. There is need for additional housing facilities for staff, field offices, forest ranger out posts and field forest stations for effective forest conservation and management, and ✓ Inadequate Income generating Activities (IGAs) to support forest adjacent community livelihoods.

Opportunities ✓ Willingness by development partners and county governments to engage in forest conservation, management and investments through collaboration, ✓ Supportive policy and legislative instruments (Vision 2030, Constitution, Forest Conservation and Management Act, NEMA Act, etc), ✓ High demand for forest goods and services, ✓ Vast land resources in community and private uses in the and Arid and Semi-Arid Land (ASAL) ✓ Capacity building of Community forest Associations (CFAs) on their roles and responsibilities, and ✓ Irrigation Forestry at Ecosystem Conservator- Tana River Office, Tana River County.

Lessons learnt

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133. Resources sharing with stakeholders in farm, community and dry land forestry can enable more farmers to be reached thus improving their livelihoods and promoting conservation and sustainable forest management.

Forest based success Story or Case Study i. Mangrove forest rehabilitation in Rabai Sub County, Mwaweso ward, ii. Bee keeping User Group of Mwaweso VDFCC through support from FAO-Kenya, iii. Community Capacity Building on Charcoal Rules and Regulations for Motor Bike Transporters in Kaloleni Sub County, iv. School Greening Infrastructure Development (Water Tank Stand for roof catchment, Store and Potting Shade construction) in Kilifi, v. Asante Company in Kwale County. This company has been able to use waste products from timber and convert the same into veneer and charcoal briquettes destined for export. It has also been able to establish its own plantations for the supply of raw materials as well as entering into contract with the community for supply of the same. This has significantly empowered the local community in terms of employment creation and poverty reduction, and vi. Mombasa Port Tree Planting supported by Trade Mark East Africa in fulfillment of Kenya Port Authority green port policy and commitment in environmental protection and conservation through its Corporate Social Responsibility. A Total of 8,000 seedlings were planted. 4.3. Forest Nature-based Projects

134. Community based nature friendly enterprises are basically businesses set up for and by the members of the community in order to have a source of livelihood and practice environmental conservation at the same time. Some of the forest nature-based projects in the coastal regions are (Annex 9): i. Kipepeo butterfly project ii. Wasini Women’s Boardwalk project iii. Mida Creek Conservation Community iv. Eco World – Watamu v. Mlilo Community Tours and Safari vi. Prawns lake conservation group

135. Most community projects in the coastal region are based on eco-tourism. The initiatives have created employment opportunities for the community members, empowerment and gradual development of the community from the returns they get from the initiatives. This has played a big role in creating awareness of the importance of protecting our biodiversity. Therefore, more eco-friendly initiatives should be developed across the country so as to create employment and encourage environmental protection.

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4.4. Description of Social and Economic Environment

4.4.1. Population Demographics

Population 2009 Kenya census, coastal region had a total population of 3,325,307- with males 1,656,679 and Females 1,668,628. The tables/below is a summary of the population in coast by age and gender. Table 12: Summary of population in Kenya coast respective counties and age in % age

Counties age 0-14 15-34 15-64 65+ yrs Total population Kilifi 47 32 50 4 1,109,735 Lamu 42 34 54 4 101,539 Kwale 48 32 49 3 649,931 Mombasa 33 46 65 2 939,370 Tana river 51 30 46 3 240,075

Ethnic communities 136. Diverse ethnic communities are found in the coastal region. The indigenous Mijikenda ethnic communities are (Giriama, Rabai, Chonyi, Duruma, Digo, Kambe, Kauma and Ribe), Swahili, Pokomo, Sagala, Orma, Taita and Taveta. Other communities are from other inland tribes of Kenya, Europeans, Asians, Arabs, Americans and Somali. Vulnerable and marginalized communities in the coastal region are the Watha, Aweer/Boni, Saanye, Wakifundi, Washiranzi, Makonde, Malakote and Wachwaka.

Socio-economic occupation 137. Coastal communities derive their livelihoods from both terrestrial and marine resources. Socio-economic activities are fishing, tourism, farming, livestock keeping, tourism, traders, transportation, hoteliers, civil servants and other business. From the consultations, the number of livestock exceeds the carrying capacity of available pasture, thus overgrazing is an issue. Livestock activities are poultry, shoats and cattle. Aquaculture has not been fully developed in the coastal region, but private investors are taking up the activity, therefore most fishing is done near shore and off-shore waters of the ocean. Mining activities include titanium, coral stones, and salt (Figure 14) among others.

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Figure 18: Salt mining in Magarine, Kilifi County

138. Farming activities include tree fruits crops, horticulture, and annual crops. Fruit crops include coconuts (Figure 14), tamarinds, cashew nuts, mangoes and oranges. Annual crops include maize, peas, green grams, rice. Coconut farmers in Watamu mentioned there are no markets since the buyers are declining who majority were from Tanzania, a need for local and international market expansion.

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Figure 19: Coconut Trees in Farms in Kilifi county

Religion and Education 139. Religion in the coastal region is diverse with Christians-(catholic and protestants), Muslims, Hindus and traditionalist among others. There are education institutions at both pre-primary, primary, secondary, polytechnic, college and university institutions. According to 2009 census, Coast province was the second lowest with student’s enrollment in the University (8,941) in all the provinces in Kenya after North Eastern. Vulnerable and marginalized communities have no education/illiterate due to their culture of hunters and gatherers, a challenge in representation in board committee of development projects and formal employment; however they are educating their younger generation. There is a challenge of young girls dropping out of school due to early pregnancies and marriages. Enrollment of girls to secondary also challenged by early marriages. 4.4.2. Access to basic civic facilities 140. Basic civic facilities are a role of the municipal and county departments. These facilities offer basic services-water supply and sanitation, street lights, roads and drainage, solid waste management systems, markets maintenance, maintenance of public places, crematoria and cemetery among many services to the population in the urban areas and its environs. Sewerage and water services in the coastal counties is a challenge. Example, there is no sewerage system in Lamu County, all sewage drains in the ocean. In Kilifi County, KIMAWASCO has inadequate water to supply; they need 60,000 m3 of water but currently get 23,000 m3 to supply to the water users. KIMAWASCO only source of fresh water is from coast water service board. Other challenges facing water supply and sewerage is old and depleted infrastructures-pipes. Sewerage systems are also not developed. Sources of water to the communities are wells, piped water from water service providers, and boreholes.

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141. Fish landing sites have no adequate or no fresh water as well as sanitation facilities. The BMUs are requesting for light devices for security during the night as they return to the landing site with fish catch from the off shore fishing grounds. However, a fisher mentioned the light will affect the breeding behavior of the turtles. Landing sites for fishers have been grabbed by private investor restricting their access to the beach to undertake fishing activities. Moreover, the landing sites with no allotment are proven difficult to claim back. 142. Solid waste management is a major challenge in all counties in the beach, fish landing sites and the towns. The activities of solid waste management are collection, transport and disposal. Segregation of the waste at the source point is not done. There are no recycling counties in some counties, actually in coast there are only and fewer recycling plants in the five counties. Dumping sites are impassable during the rainy seasons example is Mariakani dumping site. The solid waste includes plastics, nylon and organic waste from animal and vegetation sources. Some of the waste disposal site in Kilifi are located in Malindi, Mtondia and Mariakani. Lamu County has two disposal sites in Shela and Kanu while in Mombasa Mwakirungi, however Kibarani dumpsite closed. 143. The targeted counties have roads, rail networks, ports, airstrips and jets infrastructures. Kwale county has a total of 1,483.1 kms classified roads-bitumen, gravel and earth surfaces. The county has 4Kms railway line and four (4) airstrips at Shimba Hills National Reserve, Ukunda/Diani, Kinango and Msambweni. Ports ae located at Shimoni and Vanga for water transport. Kilifi county has a total road network of 101,000 km classified as Bitumen-trunk roads, national roads and primary roads, gravel and earthen roads. The rail network in the county is 40km with one station at Mariakani and a terminus in Mombasa County about 180 km from Malindi town. Kilifi has five jetties located at Ngomeni, Kilifi, Mtwapa and Takaungu. Port development is potential either for fishing or feeder port to Lamu port at Takaungu and Ngomeni. 144. Tana River County road network covers 3,377 km class A-E and unclassified roads (Figure 20). The county has seven airstrips (7) with major ones located in Garsen, Hola and Bura. The county has a 76 km sea font with Kipini used as a fish landing site, however, it has a potential for sea port development for the fishing vessels. Mombasa County has 275.17 km of bitumen roads, 127 km of gravel surface and 91.29 km of earthen surface roads, Ferry transport services at Likoni and Mtongwe, a 10 km rail network with three railway stations, Kilindini port and Moi International airport and airstrips located in Kisauni Sub county. Lamu County has boat passage ways in the ocean, use motorcycles and donkeys (Figure 21) as means of transport within the islands.

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Figure 20: Transport Infrastructure distribution in the five (5) project counties

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Figure 21: Donkey as a means of transporting items 145. The targeted five counties have urban centres which are a hub for socio-economic activities such as agricultural, business, fishing, industrial, manufacturing and tourist activities. Kwale county has five major urban centres- Ukunda/Diani, Kwale,Msambweni, Kinango and Lunga lunga. Tana River has three urban centres-Hola, Madogo and Garsen, entire Mombasa county is characterized as an urban centre while Lamu county has two major urban centres namely Lamu town and Mpeketoni Central. Other trading centres in Lamu county include Kiongwe, Majembeni, Faza, Pate, Siyu, Mapenya among others. Other basic infrastructural services in the counties include education institutions and health care facilities (Figure 22), banking and financial institutions, huduma centres, national and county administrative institutions, posts and telecommunication services.

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Figure 22: Education institutions and health facilities distribution in the five (5) project counties 4.4.3. Level of Income and Poverty 146. A study by Kenya National Bureau of Statistics (KNBS) and Society for International Development (SID) on exploring Kenya’s inequality, Lamu, Tana River, Kwale and Kilifi counties had the highest poverty index and scored the highest in severity of poverty.

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Poverty line is estimated at Kshs 1,562 and Kshs 2913 per adult per month for rural and urban households respectively. Report referenced from 2009 national census shows that the counties are poor in terms of sanitation, water, income disparity, lighting and housing. Table 13: Percent of individuals below poverty line in 5 counties

Counties Headcount index: percentage of individuals below poverty line Kilifi 58 Lamu 32 Kwale 71 Mombasa 35 Tana river 76

Fishing and fish trade 147. Fishing is a major socio-economic activity of the coastal communities. Fishing is done at the near shore and off-shore marine waters and along the river line coastal waters. Fishing in the Kenyan coast can be categorized as artisanal – done in the inshore and near shore areas due to the low capacity fishing gears used, sport fishery- an activity that involve gaming and tourism, Marine ornamental fishery- where the marine ornamental fish are exported from the county, and semi industrial and industrial fishery. Other fishing activities include aquaculture and Mariculture which involve rearing of fish species either in natural fresh or marine environment or in land and sea enclosures such as pond, cages or raceways.

Figure 23: Fish Ponds activity by Mtwapa BMU in Mombasa county. 148. The fishing activities include fishers, loaders, transporters, fish dealers, Mama Karanga. The fishers sell their fish locally, to other counties and other parts of the country. Example in Lamu County;lobster is sold at 800 per Kg, Ornatus ½ kg at 1000kshs and others at 400 kshs per kg. According to the remarks by CO Fisheries Lamu, selling of the fish is done at the landing site on auction basis, whereby the highest bidder gets the fish stock. Fishermen with poor fishing gears are not able to access the deep-sea fishing ground, therefore exploiting the shallow waters using unsustainable /small sized nets to catch fish eventually reducing production level. During consultation, it was noted that most fishers are not the owners of the fishing equipment but hired, therefore distribution of their income creates a

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low saving culture. Lack of cold storage facilities at the fish banda, cold boxes and freezers contribute to fishers selling their catch at lower prices, fish is therefore of more value when fresh.

Figure 24: Some of the Fish Species Caught by the Fishermen In Lamu County 149. Lamu County is currently supplying fish to counties in the coast region. However, there is under production of fish contributed by untapped marine water resources. According to the CO fisheries Lamu, fishing activities takes place within 5 Nautical Miles and overexploited due to low capacity boats and fishing gears. Untapped potential extends to 250 Nautical miles, which needs to be exploited by enhancing the capacity of fishermen to venture in deep sea fishing. Aquarium or ornamental fishing activity is being practices by fishers in the coastal Kenya. However, if not monitored well unskilled fishers destroy the coral reefs. 150. Some fishing activities are unsustainable due to illegal fishing: (a) some fishermen use poison commonly referred to as “Mkange/mchupa” that kills the fish affecting the coral reefs; (b) use of illegal fishing equipment as well as harvest of the corals through aquarium fishing; and (c) targeting certain species, which has effects on the biodiversity as well as tourism opportunity.

Fisher and fishing communities 151. Fishers depend on fishing as a source of their livelihood. Fishers are from diverse ethnic communities in the coastal region. They are part of the beach management units (BMUS), a fisher’s association whose function is to manage fishing activities at the beach. The members of the BMUs are boat owners, artisanal fish processors and traders, managers, crew members, fishing gear and equipment dealers/repairers, boat makers and industrial fish processors operating in the beach.

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Figure 25: Mwaembe BMU in Kwale and Kuruwitu BMU in Kilifi County in consultation meeting. 152. The fishers are of all ethnic communities, Mijikenda, Swahili, Pokomo, tribes from inland Kenya example Luo, Luhya, Kamba, Kisii in Marereni BMU and Vulnerable and marginalized group such as Watha, Saanye, and Boni among others. The fishing communities live in harmony despite their different ethnic communities, however trespasser by fishers/ illegal fishers from other counties or countries such as Wapemba is a source of conflict. The fishers are in collaboration with the county department of fisheries, Community based organizations, non-governmental organization, state sectors and conservation groups. Fish trade and conventional dispute resolution method 153. During consultation, it was evident that conflicts and disagreements are bound to occur amongst the fishers while fishing, trading or in management. Conflicts or disputes among the fishers are first solved among the BMU leadership structure, if no resolution, the matter is taken to the county fisheries, and lastly in worse scenario to the courts. However, most fisher disputes cases are handled by the BMU and county fisheries department. Court cases are majorly on big disputes example the case between LAPSET and coal production projects and fishers’ communities in Lamu. Local heritage and historical sites 154. The five coastal counties in Kenya is hence endowed with local heritage and historical sites (Table 14). The sites are of economic and social benefit to the coastal communities though tourism, research and education activities. These sites are the Kaya forests as monuments, built heritage sites and sacred groves-caves. There are sacred groves and sites located in private lands.

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Figure 26: Heritage and historical site managed by the National Museums of Kenya

Table 14: Summary of the Local Heritage and Historical Sites

County Historical Archaeological and Cultural Site Kilifi Gedi Ruins Vasco da Gama Pillar

Malindi museum

Mnarani

Rabai Takaungu Kwale Shimoni slave caves Diani mosques Fort Jesus Mombasa Gede ruins Bombolulu workshops

Hindu temples

Mombasa old town Lamu Lamu old town Manda town

Takwa town

Shanga Siyu fort All counties Sacred Mijikenda Kaya forests

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4.5. Gender Analysis

4.5.1. Introduction 155. Worldwide there is a growing recognition that gender equality is necessary for economic growth and essential for poverty alleviation. This is based on the simple fact that women generally are at a disadvantage compared to their male counterparts due to socially ascribed roles and expectations; these have often resulted in barriers to women entering or participating fully in markets, limited access to education, culturally oppressive practices among others (Ellis, A. et al. 2007). According to the National Gender and Equality Act No 12 of 2012, the term gender means the social definition of women and men among different communities and cultures, classes, ages and during different periods in history. The World Bank defines the term gender as to culturally based expectations of the roles and behaviors of males and females. The term distinguishes the socially constructed from the biologically determined aspects of being male and female (The World Bank, 2002). 4.5.2. Fishing 156. In the project area men are mostly involved in fishing whereas women are involved in value addition which includes fish processing and trading. In the various fish landing zones visited there are various Beach management units, which coordinates the activities between the fishermen and the women traders. It was noted that the methods utilized by the women for value addition included smoking, salting, deep frying, sun drying and selling of fish. The women lack adequate modern mechanisms of processing fish and this can be attributed to their economic and social status. Some of the challenges cited by the women in the fishing communities included; • Inadequate access to credit compared to male counterparts and lack of security to take loans makes them disadvantaged. This limits scale of operation and production. • Limited access to education and necessary training to improve marketing, value addition techniques, financial management, and entrepreneurial skills among others. • Limited ability to participate in management as they have influence and representation at policy making level and project consultation process. • Household responsibilities as they often work longer hours than men. The study identified that especially those in fish vending who started their day as early as 0300hrs in the morning had to complete household responsibilities and childcare duties. • Diminishing resources and general hard times has resulted in new trends. With issues like climate change, pollution on the sea men are unable to do fishing using locally made boats and gears; they need modern facilities to access deep seas. Most men currently are not engaged in fishing due to poor output. Women are hence left to source from long distance or wait for “Wapemba” to supply them with fish. “Wapemba” is a fishing community from Tanzania. The locals claim, they have modern gears and boats enabling them to fish in deep seas and even in the local water. Some men also venture into traditionally women ascribed jobs such as value addition and sale of fish. Men are able to do these jobs in large scale using more resources thereby slowly pushing women away. • In some project area such as Watamu area, Mtwapa, it’s reported that some women offer sexual favors to the fishermen so as to obtain fish. This is a risky behavior since

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it may lead to unwanted pregnancies and spread of HIV/AIDs and other sexually transmitted infections.

157. Women who practice sea weed farming in Kibuyuni area also practice fishing since the sea weed forms a breeding ground for fish. One challenge they highlighted was that fishermen normally fish around the seaweed at night thus depleting the stocks. Some women around Kibuyuni also practice Octopus fishing, but due to lack of proper fishing gear, they wait for the ocean to subside so that they go and hunt the Octopus from their nests, which are located within the coral reefs. In recent times, there has been a rise in fishermen who use scuba diving gear to hunt for the octopus from their nests during high tide, when the tides subside and the women go checking on the octopus nests they find nothing; as a result, women are slowly abandoning octopus fishing. The study identified various Beach Management Units such as KuruWitu, Mnarani and Watamu the BMUs main role is to oversee the day to day activities at the various landing sites. From the consultations it came out clearly that women were less represented in the composition of these BMUs especially at the management positions. It’s also worth noting that across the project area women were willing to venture into fishing if they are provided with knowledge and modern equipment’s for fishing.

Figure 27: Fish landing site in KuruWitu and Women Involved in Value Chain

158. From discussion with various key informants, in particular county government officials in the respective counties the team concluded that some fishing landing sites were grabbed by private developers and fenced off from the public. This was reported in Mombasa and Kilifi Counties.

4.5.3. Gender Based Violence 159. Gender based violence refers to a general term for harm perpetrated on someone against their will based on socially ascribed differences between the two genders (males and females). It entails acts done in public or private that inflict physical, sexual or mental harm or suffering; threats of such acts; coercion and other deprivations of liberty.

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160. Gender Based Violence was explored in the project area. Reportedly GBV is very rampant in the project area despite existence of progressive legal framework with very severe penalties for perpetrators. Women and young girls are more vulnerable to GBV as compared to men and young boys. Some of the GBV issues reported include the following: • Sexual violence in the project area. These include rape, sexual assault and sexual harassment; • Physical/Domestic violence. These include beating, slapping and hitting; • Economic violence mainly observed by the fact that women in the project are have access to use of resources such as land but have no control over such resources or denial of resources. • Early marriages for the girls; • Teenage pregnancies; • Girls dropping out of schools because of early marriages and teenage pregnancies

161. For example, according to United Disability Action Center (UDAC), a registered Non- Governmental Organization operating in Kwale County since 2011, over the last one-year Lunga Lunga Sub County had experienced a rise in number of child labor/gender-based violence. The nature of these GBV cases reported included the following sexual assault, early marriages for girls, domestic violence and various forms of economic violence. 162. The organization found out that women and young girls experience the following challenges in regard to GBV: This was confirmed by the Key stakeholders consulted during the study. • Retrogressive cultural practices such as incidences of older people marring young girls. Reportedly this has drastically reduced due to efforts made by the women to educate their young girls; • Challenges to education with increased school dropout number at the primary education level by girl child. This is further worsened by fact that; the sub-county Children Office is overwhelmed, there is lack of community interventions, and predominantly male society takes advantage of ignorance of the law and also issue threats to victims. • Lack of police confidentiality pose a big challenge as most of the time perpetrators’ go free and return to threaten the affected families. The victims and their families also face stigma from the society. • Economic exploitation by using underage girls as house helps, stone crushing, sand harvesting by children of school going age;

163. The study established that the challenges are further compounded by the following contributing factors: • Exploitation of already vulnerable and needy children. The exploitation is done by older men who are often at a point of influence/affluence sponsoring young girls to school making them vulnerable as some seek marriage/sexual advances as payment. • Retrogressive culture of having children as wives especially by the households languishing in poverty. This enables such family to get bride prices in exchange. • Exhaustion of already scarce resources leading to child labour and child pornography so as to fend for family.

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• Night wedding ceremonies and ‘viduku’ discos, cottage parties which encourage drug and substance abuse as well as exposing young girls to early sexual advances and child pornography. • The increase in number of ‘bodaboda’ riders who are mostly young boys who lure school going girls with free transport, money and other gifts.

164. The cost implication for GBV is enormous for both the family and the health providers. In some cases, women and young girls are subjected to grievous harm and others suffer fatality. The burden of proof is very high, and, in most cases, perpetrators are acquitted on technicalities. It was reported by ‘Kwale county, Chief Officer, Community Development, Culture and Talent Management’ that those who experience GBV, most of the do not know where to report. Others are scared of stigmatizations so do not report the cases, while others report late hence makes it difficult to prosecute. 165. Some cases are also dismissed due to lack of evidence of witness fear perpetrators intimidation and threats. Lack of police confidentiality pose as one challenges as most of the time perpetrators’ go free and back to threaten the affected familiy 166. Existing ways of addressing GBV in project area include reporting the matter to clan elders’ chiefs, police or the county government gender offices. 167. According to United Disability Action Center (UDAC) the following were the situational analysis for Vanga and Mwereni wards in Lunga Lunga Sub County. Vanga ward • 21 Cases of gender-based violence-4 are in court, 10 resolved, 7 pending cases. • Child rights- 10 defilement cases- 4 jailed, 6 still in court • 23 Children abandonment cases • 16 Early pregnancy • 12 Child labor cases • 5 Migrants • 2 Early marriages • 2 PWDs rescued and sent to school

Mwereni ward • 58 gender-based violence cases- 21 in court, 30 solved, 7 pending in court • Child rights- 7 defilements, 2 jailed, 5 pending • 21 Child pregnancies • 13 Child abandonments • 14 Child labor and • 4 Child marriages

168. Drug and substance abuse especially use of ‘mnazi’ (a local alcoholic brew derived from the coconut fruit) was also cited as a contributor to Gender based violence against women and young girls the local brew is easily and readily available and very cheap, a

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750ml bottle retails for between Kshs 70-100. Alcohol impairs judgment and makes someone to be more aggressive which may lead to various forms of gender-based violence. 169. Amongst majority of the coastal communities, their culture doesn’t allow a woman to go back to her parent’s homes once they are married. Thus, women who are subjected to beating by their husbands just stay and persevere. However, it’s worth noting that in some area such as Dabasso and Watamu women are no longer subjected to GBV since they are the sole bread winners. 170. Gender based violence against women and young girls may reduce the participation/inclusion of females in the proposed project since persons who have been subjected to GBV normally shy away from major project and the general public. The Environment and social framework should hence propose developed Gender responsive guidelines/policies and budgeting for any project within the project area. These should have implemented and monitored on any project. 4.5.4. Poverty and coping strategies 171. Generally, from the study it can be concluded that persons in the project area are relatively poor. This can be confirmed by parameters such as type of housing, way of life, economic activities, how much they earn among others. Through the consultations, women in the project area are mainly petty traders. The key businesses in the study area included selling fish and other aquatic animals (these women are commonly referred to as “Mama Karanga”), subsistence farming, seaweed farming, “makuti selling”, selling mats and selling “mahamri”. The women earn only enough cash to cater for their daily needs, little is left to save. Men on the other hand involve themselves in activities such as fishing, ‘boda boda riding’ and tour guides. Cases of formal employment are generally minimal since the level of education among the residents is low thus most persons are involved in the informal sector. 172. The women have also formed groups through which they advance for economic sustainability. In the project area there were boardwalks managed by Women group in Wasini Island. Although access to finance is an obstacle for most of the community members, women rated it as the single biggest constraint that is preventing them from growing their businesses. In the project area as compared to women, men were reluctant in forming groups to advance their economic stability. 173. It was established that women take responsibility in most of the households as illustrated by most of the stakeholders and women groups interviewed. In Watamu area for example, men have abandoned fishing and resorted to staying at home since fish in the relatively shallow areas of the ocean have been depleted, fish is available in the deep seas and they lack gear to access the deep waters for fishing. As a result of these women have been left as the providers to their families. Generally, in the project area women are responsible for the following activities. • Paying school fees for the children; • Feeding the family;

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• Farming and businesses; • Securing loans to support the family; and • Attending relevant family meetings such School meetings for the children.

174. The prevalence of a collateral-based banking system and lack of credit facilities that could capture women’s excellent repayment rates in microfinance are key constraints. Most women interviewed have hence resorted to having women groups including VSLAs, table banking, “masanduku” as a coping strategy. Some of these women groups’ initiatives were first introduced in most of the project area by Non-Governmental Organizations such as the Kenya Red cross and in some cases County government. Through these groups they are able to take loans without or very low interest rates. The loans are used to do various businesses in small scale and pay fees for their children. The women also have access to microfinance for loans; however, they prefer their own groups due to the high interest rates given by the micro-finances. Reportedly, the male counterparts do not form groups nor make initiative to secure loans. The women are hence left with the family burden. Women in the areas visited have also resorted to start merry go rounds among themselves to cater for their needs. 175. Women from Neema Self-help group in Bamburi area Mombasa County collect plastic bottles from the beach on a daily basis and sell them to recyclers. In Wasini some of the women have been trained as tour guides, which act as source of income to them whenever tourists visit the area. Some women in Shimoni do handcraft and sell the wares to tourists and locals.

Board Walk managed by Wasini women group Preparing after its bought from the fisherman

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Mama Karanga in Vanga Mangrove Farming in Vanga Figure 28: Activities Undertaken in Project Area 4.5.5. Vulnerable and Marginalized Community Members 176. The former coastal province of Kenya has quite a number of documented Vulnerable and Marginalized Groups. However, due to time constraints, the team has identified and consulted the Watha, Tswaka, Saanye and Aweer community. The table below shows the schedule of the VMGs consulted and the venues where the meetings were held. Table 15: VMGs Consulted

Vulnerable and Marginalized Date of Meeting Venue Group Tswaka 14th February 2019 Msambweni Watha 18th February 2019 Dabasso Watha 19th February 2019 Chembe Kibaba Aweer, Saanye 22nd February 2019 KEFRI Center Lamu Saanye 23rd February 2019 Kipini

177. The VMG approached during the study highlighted the fact that they have been previously left out in other development projects conducted by the National and respective county governments even after they have been consulted. The level of education among the VMGs was generally low and a hindrance to effective flow of information as well as negatively affecting their participation in development activities. The low levels of education have made it difficult for the majority of the VMG communities to access formal employment and therefore many do not have any regular source of income. This has made the surrounding communities who are better educated to dominate over them while the VMG communities see themselves as inferior and refers to them as “jamii duni wenye wamebaguliwa” to mean discriminated communities that live in isolation. This feeling of isolation and inferiority has escalated their lack of access to and participation to development initiatives that are targeted to the communities in which they live. 178. The Saanye, Aweer and Tswaka women groups in Lamu and Kwale county respectively have formed merry go rounds where they each get some cash after a certain specified period of time. The money from the merry go rounds is used for small businesses such as mat making, “makuti” making and “mahamri” making. Also, among the Saanye and Aweer the women have formed women groups and registered with the social services department Lamu county where they contribute money and do projects, however in recent times the activities of the groups have been limited by the insecurity in Lamu and Tana River Counties. 179. The Watha women in Dabasso, the Aweer and Saanye women in Lamu wanted to be involved separately during project implementation this is because they feel they are neglected and hope that if they are involved separately their people will benefit fully from the project

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180. The Saanye and Aweer women highlighted that the biggest threat to their economic activities in Lamu County is the security threat posed by the Al Shabab. The security threat has limited their activities to day time due to the 6.00am to 6pm curfew imposed by the Kenya Defense forces. There is no movement during the past 6.00pm such that fishermen transporting perishable goods such as fish will have to call off their businesses which sometimes make the fish stale. 181. The Kenya Defence Forces (KDF) have labeled the Saanye and Aweer as sympathizers of the Al Shabab, since these communities reside in the expansive Boni forest. This move by the KDF has not been received well by the Saanye and Aweer since they themselves are terrorized by the Al Shabab. 182. The women are unable to engage in projects due to insecurity. For instance, they are unable to transport a considerable amount of goods or food items for sale within their villages. Women who transport such items are perceived to feed the terrorist. They complained of poor economy in the area. The discernment given by the group was the insecurity issue has to be resolved first for any project to be implemented.

Figure 29: Discussions with the Watha, Aweer and Saanye Communities 4.5.6. Early Marriages 183. During the discussions with the women revealed that, rural areas are more likely to be married by the time they turn 13 -18 years, than their peers who live in urban areas. The women lamented that the contributing factor is poverty. The girl child attends school up to class eight level then they get married because they are unable to proceed with secondary school. Transition from primary to secondary school is very low. Some girls are also impregnated by their fellow classmates while in secondary school this results to them dropping out of school to take care of their children. Some of the girls involve themselves in various economic activities such as makuti making, making mats and fish mongers. 184. Discussions with stakeholders in the project area revealed that the area has inadequate number educational centers from primary to university level. Some children have to travel long distances to reach school. This to some extent reduces morale of the girl child to attend school as they would rather stay home and be married of at a young age

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185. From discussion with key stakeholders Kilifi County seem to have the highest number of young girls dropping out after class 8. Many are either married off and others get pregnant and stay at home. School enrollment and retention rates for girls is also low. 4.5.7. Gender and Seaweed farming 186. During the field study, seaweed farming was found to be practiced by women in project area mainly through formed women groups; one is Kibuyuni women group in Kwale County. Seaweed grows in the ocean after which it’s harvested and dried. Women from Kibuyuni sell the seaweed to potential buyers once it has dried. But in recent times they have initiated value addition of the sea weed, the make shampoos, bar and liquid soap. The women group is in the process of getting a license from Kenya Bureau of Statistics on the quality of these products and from National Environmental Management Authority for plastic packaging. Once they obtain these, they may be able to sell their products to markets across the country and also export some. 187. The resultant seaweed offers adequate breeding grounds for the fish thereby encouraging their reproduction. Most of the women were previously involved in fishing, through this new venture there is a significant reduction in level of depleted fish due to overharvesting. 188. Some of the problems facing the seaweed farmers include: • Identification of reliable markets to sell their groups • The price of seaweed is relatively low • Sometimes the seaweed is stolen while in the drying beds 189. Discussion with the Tswaka women group in Kwale County revealed the fact that if the women group can be supported financially and be given skills, they were willing to practice seaweed farming.

Figure 30: Discussions with Kibuyuni Seaweed women group and sea weed at the drying beds 4.5.8. Women’s Land and Property Rights 190. The study exposed the fact that land primarily belong to the male members of the family. Issues of inheritance of land and property by women and the security thereof is not common. These rights and opportunity are left to the male counterparts. In most parts of the study area, customary laws, which exist side by side with formal laws, dictates that sons

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have exclusive rights to inherit family property. Wives and unmarried daughters have the right to be maintained while married daughters have no right to their family property. 191. A widow’s maintenance right is lost if she re-marries a non-relative of the deceased husband or returns to her home. It was however evident that these women have access to land but no control of the land resource. Most women are subsistence farmers with no rights to the land they till or the crops they produce. Subsequently, they feel the pinch of poverty more than anyone else. They are only in control of the ‘kitchen gardening’ in the land they till. 192. These finding strongly requires that the Environmental and social framework should ensure women are part and parcel of the decisions on land usage, sale and purchase. For women, land is more than a means to livelihood and agricultural entity of a family utility. The empowerment of women and VMGs within the community to become true stakeholders in land matters is therefore the only way to transform land and other natural resources into assets that can sustain family and national economy.

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5.1. World Bank Safeguards policies

Table 16: The Table below summarizes the World Bank’s Safeguards Policies

Policy Objective Trigger for the Policy OP/BP 4.01 The objective of this policy is to ensure that Depending on the sub-project, Environment Bank financed projects are environmentally and nature of impacts a range of al sound and sustainable, and that decision- instruments can be used: EIA, Assessment making is improved through appropriate environmental audit, hazard or analysis of actions and of their likely risk assessment and environmental impacts. This policy is environmental and social triggered if a project is likely to have potential management plan (ESMP). (adverse) environmental risks and impacts on For projects with low its area of influence. environmental and social risks, OP 4.01 covers impacts on the natural and ESMP checklist can be environment (air, water and land); human used for preparation of the health and safety; physical cultural resources; ESMP. The Borrower is and transboundary and global environment responsible for carrying out the concerns. ESIA. OP/BP 4.04 This policy recognizes that the conservation of This policy is triggered by any Natural natural habitats is essential to safeguard their project (including any sub- Habitats unique biodiversity and to maintain project under a sector environmental services and products for investment or financial human society and for long-term sustainable intermediary) with the potential development. The Bank therefore supports the to cause significant conversion protection, management, and restoration of (loss) or degradation of natural natural habitats in its project financing, as well habitats, whether directly as policy dialogue and economic and sector (through construction) or work. The Bank supports, and expects indirectly (through human borrowers to apply, a precautionary approach activities induced by the to natural resource management to ensure project). opportunities for environmentally sustainable development. Natural habitats are land and water areas where most of the original native plant and animal species are still present. Natural habitats comprise many types of terrestrial, freshwater, coastal, and marine ecosystems. They include areas lightly modified by human activities but retaining their ecological functions and most native species. This bank policy prohibits financing for developments that would significantly convert or degrade critical natural habitats, and preference is on siting projects on already converted land. OP/BP 4.36 The objective of this policy is to assist This policy is triggered Forests borrowers to harness the potential of forests to whenever

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reduce poverty in a sustainable manner, any Bank-financed investment integrate forests effectively into sustainable project: economic development and protect the vital (i) Has the potential to have local and global environmental services and impacts on the health and values of forests. Where forest restoration and quality of forests or the rights plantation development are necessary to meet and welfare of people and their these objectives, the Bank assists borrowers level of dependence upon or with forest restoration activities that maintain interaction with forests; or or enhance biodiversity and ecosystem (ii). Aims to bring about functionality. The Bank assists borrowers with changes in the management, the establishment of environmentally protection or utilization of appropriate, socially beneficial and natural forests or plantations. economically viable forest plantations to help meet growing demands for forest goods and services. OP 4.09 Pest The objective of this policy is to: The policy is triggered if: Management (i) Promote the use of biological or (i) Procurement of pesticides or environmental control and reduce reliance on pesticide application equipment synthetic chemical pesticides; and is envisaged (either directly (ii) Strengthen the capacity of the country’s through the project, or regulatory framework and institutions to indirectly through on lending, promote and support safe, effective and co-financing, or government environmentally sound pest management. counterpart funding); More specifically, the policy aims to: (ii) The project may affect pest (a). Ascertain that pest management activities management in a way that harm in Bank-financed operations are based on could be done, even though the integrated approaches and seek to reduce project is not envisaged to reliance on synthetic chemical pesticides procure pesticides. (Integrated Pest Management (IPM) in This includes projects that may agricultural projects and Integrated Vector (i) lead to substantially Management (IVM) in public health projects. increased pesticide use and (b) Ensure that health and environmental subsequent increase in health hazards associated with pest management, and environmental risk; especially the use of pesticides are minimized (ii) Maintain or expand present and can be properly managed by the user. pest management practices that (c) As necessary, support policy reform and are unsustainable, not based on institutional capacity development to: an IPM approach, and/or pose (i) Enhance implementation of IPM-based pest significant health or management, and environmental risks. (ii) Regulate and monitor the distribution and use of pesticides. Pesticides in WHO Classes IA and IB may not be procured for Bank supported projects. OP/BP 4.11 The objective of this policy is to assist This policy applies to all Physical countries to avoid or mitigate adverse impacts projects Cultural of development projects on physical cultural requiring a Category, A or B Resources resources. For purposes of this policy, Environmental Assessment “physical cultural resources” are defined as under OP 4.01, project located

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movable or immovable objects, sites, in, or in the vicinity of, structures, groups of structures, natural recognized cultural heritage features and landscapes that have sites, and projects designed to archaeological, paleontological, historical, support the management or architectural, religious, aesthetic, or other conservation of physical cultural significance. Physical cultural cultural resources. resources may be located in urban or rural settings, and may be above ground, underground, or underwater. The cultural interest may be at the local, provincial or national level, or within the international community. OP/BP 4.10 The objective of this policy is to: The policy is triggered when the Indigenous (i) Ensure that the development process fosters project affects the indigenous Peoples full respect for the dignity, human rights, and peoples (with characteristics cultural uniqueness of indigenous described in OP 4.10 para 4) in peoples; the project area. (ii) Ensure that adverse effects during the development process are avoided, or if not feasible, ensure that these are minimized, mitigated or compensated; and (iii) Ensure that indigenous peoples receive culturally appropriate and gender and inter- generationally inclusive social and economic benefits. The policy requires free, prior and informed consultation with indigenous peoples. OP/BP 4.12 The objective of this policy is to: This policy covers not only Involuntary (i) Avoid or minimize involuntary physical relocation, but any loss Resettlement resettlement where feasible, exploring all of land or other assets resulting viable alternative project designs; in: (ii) Assist displaced persons in improving their (i) Relocation or loss of shelter; former living standards, income earning (ii) Loss of assets or access to capacity, and production levels, or at least in assets; restoring them; (iii) Loss of income sources or (iii) Encourage community participation in means of livelihood, whether or planning and implementing resettlement; and not the affected people must (iv) provide assistance to affected people move to another location. This regardless of the legality of land tenure. policy also applies to the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. OP/BP 4.37 The objectives of this policy are as follows: This policy is triggered when Safety of For new dams, to ensure that experienced and the Dams competent professionals design and supervise Bank finances:

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construction; the borrower adopts and (i) A project involving implements dam safety measures for the dam construction of a large dam (15 and associated works. For existing dams, to m or higher) or a high hazard ensure that any dam that can influence the dam; and performance of the project is identified, a dam (ii) A project which is safety assessment is carried out, and necessary dependent on an existing dam. additional dam safety measures and remedial For small dams, generic dam work are implemented. safety measures designed by qualified engineers are usually adequate. Dams with ≥15m in height review by an independent dam safety panel is required. OP 7.50 The objective of this policy is to ensure that This policy is triggered if: Projects in Bank financed projects affecting international (a) Any river, canal, lake or International waterways would not affect: similar body of water that forms Waters (i) Relations between the Bank and its a boundary between, or any borrowers and between states (whether river or body of surface water members of the Bank or not); and that flows through two or more (ii) The efficient utilization and protection of states, whether Bank members international waterways. or not; (b) any tributary or other The policy applies to the following types of body of surface water that is a projects: component of any waterway (a) Hydroelectric, irrigation, flood control, described under (a); and (c) any navigation, drainage, water and sewerage, bay, gulf strait, or channel industrial and similar projects that involve the bounded by two or more states, use or potential pollution of international or if within one state recognized waterways; and as a necessary channel of (b) Detailed design and engineering studies of communication between the projects under (a) above, include those carried open sea and other states, and out by the Bank as executing agency or in any any river flowing into such other capacity. waters. OP 7.60 The objective of this policy is to ensure that This policy is triggered if the Projects in projects in disputed areas are dealt with at the proposed project will be in a Disputed earliest possible stage: “disputed area”. Areas (a) So as not to affect relations between the Questions to be answered Bank and its member countries; include: Is the borrower (b) So as not to affect relations between the involved in any disputes over an borrower and neighboring countries; and area with any of its neighbors. (c) So as not to prejudice the position of either Is the project situated in a the Bank or the countries concerned. disputed area? Could any component financed or likely to be financed as part of the project be situated in a disputed area? The WB The General EHS Guidelines contain These guidelines will be Group information on cross-cutting environmental, followed during the preparation Environment, health, and safety issues potentially applicable of mitigation measures. When

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Health and to all industry sectors. The guidelines include; host country regulations differ Safety - from the levels and measures Guidelines. • Environment presented in the EHS - Air Emissions and Ambient Air Guidelines, projects are Quality expected to achieve whichever - Energy Conservation is more stringent. If less - Wastewater and Ambient Water stringent levels or measures are Quality appropriate in view of specific - Water Conservation project circumstances, a full - Hazardous Materials Management and proposed alternative is - Waste Management needed as part of the site- - Noise specific environmental - Contaminated Land assessment. This justification • Occupational Health and Safety should demonstrate that the Guidelines choice for any alternate • Community Health and Safety performance levels is protective • Construction and Decommissioning of human health and the environment.

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5.2. World Bank’s Safeguards Triggered by KEMFSED

193. KEMFSED activities (Components 1 and 2) trigger several Bank Safeguards policies, Ops 4.01 (Environmental Assessment) and 4.12 (Involuntary Resettlement) 4.04 (Natural Habitats), 4.11 (Physical Cultural Resources), and 4.12 (Indigenous Peoples). The safeguards instruments prepared for any sub-projects will address the requirements of any applicable policies. Table 17: Safeguard polices to be triggered by project investments

Safeguard Reasons For Triggers Policies Triggered by the Project Environment Sub projects which include infrastructure investments are likely to have al potential environmental impacts, such as reconstruction of fishing port Assessment facilities, improvement of landing sites infrastructure, upgrading fish (OP/BP 4.01) markets, small scale fish-handling and processing; and product development and packaging facilities. During project preparation, the ESMF will be used to screen identified investments and guide preparation of subproject specific ESAs (ESIA or ESMP), and where required RAPs and VMGPs, which will be prepared and disclosed prior to commencement of works for each of the subprojects. For projects with low environmental and social risks an ESMP checklist can be used as a format for ESMP (see Annexes 3 and 11). Natural Sub projects may be located in or close to areas with natural unique flora Habitats mainly mangrove forest and fauna though the component is unlikely to have (OP/BP 4.04) significant negative impacts on natural habitat works in all the counties shore and islands that may be home to diverse flora, fauna, and avifauna. However, the subproject level screening will determine whether provisions of OP 4.04 will be included in specific ESIAs. Forests The Project may include activities of planting or restoring of degraded (4.363) mangroves in some of the coastal counties. Implementation of activities related to planting and/or restoring of degraded mangroves will be undertaken in accordance with the 2017-2027 National Mangrove Ecosystem Management Plan, prepared by the Ministry of Environment and Forestry (MoEF) and Regional Development Authorities. During project preparation no activities with large-scale impacts on forests were identified. Specific subprojects will be screened for OP 4.36 provisions to incorporate them into ESIAs, if required. Involuntary Sub projects may involve land take for construction purposes including, Resettlement landing sites, markets, cooling plants, water infrastructure, waste collection (OP/BP 4.12) points, sewer systems, electricity power supply lines and sanitary facilities, etc. For subprojects with these impacts identified, a RAP will be prepared following guidance provided in the project RPF (a standalone report). Indigenous Sub projects may be located in areas with vulnerable and marginalized Peoples groups/people especially in islands such as Lamu, Kipini in Tana River and (OP/BP 4.10)

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Shimoni in Kwale. A VMGP may need to be prepared for such projects, following the guidance provided in the VMGF (a standalone report). Physical Given that the works may take place in areas of archaeological importance, Cultural the ESMF includes guidance on screening for impacts on cultural heritage Resources and inclusion of these provisions in site-specific ESIAs. In the event chance (OP/BP 4.11) finds are made especially in Islands in Lamu and Kwale counties, Annex 7. Environment In addition to general WBG EHS Guidelines (applicable to all construction , Health and activities), specific EHS Guidelines on Fish Processing are also applicable, given Safety that some subprojects may include financing to small scale fish-handling and guidelines processing; product development and packaging facilities. EHS Fish Processing Guidelines https://www.ifc.org/ehsguidelines

EHS Fish Processing Guidelines https://www.ifc.org/wps/wcm/connect/c7d2710048855d048d9cdf6a6515bb18 /Final%2B-%2BFish%2BProcessing.pdf?MOD=AJPERES

5.3. Environmental Assessment process for KEMFSED

194. This policy requires Environmental Assessment (EA) of projects proposed for Bank financing to help ensure that they are environmentally sound and sustainable, and thus to improve decision-making. The EA is a process whose breadth, depth, and type of analysis will depend on the nature, scale, and potential environmental impact of the proposed projects under KEMFSED. The adverse environmental and social impacts under KEMFSED will come from sub projects under components 1 and 2, which include among others construction of landing sites, markets, cooling plants, water infrastructure, sewer systems, electricity power supply lines and sanitary facilities etc. However, since the exact location of most of these investments have not be identified, the World Bank safeguard policy calls for the GoK to prepare this Environmental and Social Management Framework (ESMF) in accordance with its’ procedures. 195. The project will undertake environmental and social screening of each proposed subproject (see Annex 3) to determine the appropriate extent and type of environmental and social assessment (ESIA, ESMP or ESMP checklist). The World Bank classifies projects into one of three categories (A, B and C), depending on the type, location, sensitivity, and scale of the project and the nature and magnitude of its potential environmental impacts. The environmental impact of the KEMFSED project for the construction purposes including, landing sites, markets, cooling plants, water infrastructure, sewer systems, electricity power supply lines and sanitary facilities etc., it is classified as a Category B. If any proposed activity will be identified to have potentially high environmental or social risks, it will be excluded from KEMFSED financing.

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196. KEMFSED project will have positive and likely negative impacts to the social and environment components. Below are some of the impacts. 6.1. Potential Key Environmental Impacts

Table 18: Potential Key Environmental Impacts

Positive impacts Negative impacts • Conservation of ecological • Solid and Effluent Waste pollution; sensitive areas such as coral • Hydrology Impacts/Changes; reefs, mangroves; • Noise and vibration pollution; • Increased production of fish and • Decreased Air Quality-emission of greenhouse gases. other aquatic life fauna species; • Soil Erosion; • Sustainable fishing activities will • Decreased Water Quality/ Scarcity of safe fresh protect the aquatic fauna species water; and coral reefs; and • Invasive/alien species (fauna and flora); • Enhancing deep sea fishing will • Degradation of aquatic flora mainly coral reefs and protect the shallow coral reefs as Mangroves well as fish reproduction. Oil spills; Occupational health and safety issues.

6.2. Potential Key Social Impacts

Table 19: Potential Key Social Impacts

Positive impacts Negative Impacts • Enhanced economic growth • Physical displacement of local people (Land Acquisition, and benefits - more fishing Restrictions on Land Use and Involuntary Resettlement); activities will bring more • Land grabbing of fish landing sites income to the fishermen; • Loss of employment and livelihoods; • Improved nutrition- more fish • Impacts on human health/ traffic safety and sanitation; hence nutritional aspect of • Impacts on cultural heritage /archaeological interest/ fish; existing ecologically sensitive areas; • Empowerment of the • Impact on gender access to water for household use and fishermen to go deep fishing household plots as well as impact on pastoralists and hence fish stock will increase fisheries; thus more income; • Safety, Occupational Health and Environmental Health; • Source of employment to the • Diseases Spread-Public Health/HIV/AIDS Spread and local community; other related public health diseases – Water borne diseases • Capacity building and etc. training will enhance the skills • Labour and employment related impacts; and knowledge of the fishers • Insecurity; and other coastal marine • Potential rise in drug abuse; users; • Reduced livelihood of communities especially indigenous • Improved markets- through people in the project area (including ethnic minorities) fish value addition industries; could face economic displacement, changes to land rights and

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• Promotion of eco-tourism and/or restricted access to resources because of the activities and business. project’s development. 6.3. Measures to Manage Environmental and Social Impacts

197. The Table 19 below describes the impacts and measures to manage adverse environmental and social impacts. Table 20: Summary of Adverse Impacts and Mitigation Measures

Environmental Impacts Impact Description of mitigation measures Risk of overfishing ❖ The development in blue economy may lead to overfishing especially if continuous monitoring is not done, with the risk of high sea vessels fishing from the Kenyan territory. There is need to have guard equipped with vessels to monitor the fishing vessels. Change in ❖ Development in the Exclusive economic zones under maritime Hydrology authority may alter the hydrological cycle by removing the vegetation and disrupt the inflow from inland rivers into the lack. No development should be allowed in the delicate ecosystems while proper environmental management plan should be developed to ensure the hydrological cycle is maintained. Loss of Flora and ❖ Regular monitoring should be done on the flora and fauna fauna ❖ Where spoils are to be dumped, the invasive species should be monitored. ❖ Work closely with KWS and KFS to ensure the fauna and flora is well protected. ❖ Hunting of game meat should be prohibited. Oil spills ❖ The engines, equipment used in the processes should be well maintained ❖ The fueling station should be properly maintained with any fuel leaks being managed properly. ❖ The fire safety equipment should be in place to help in case of accidents Solid and Effluent ❖ For solid waste, adequate waste receptacles should be provided along Waste with facilities at project sites/camp sites. The counties should provide arrangements for regular waste removal from project construction sites into licensed waste dumps. ❖ Capacity building on safe waste disposal in the construction sites for all the project team ❖ Hazardous solid and liquid waste should be handled by a professional and be disposed according to the NEMA regulations. ❖ No vehicles should be washed in the water body ❖ Waste oil from vehicles and equipment should be collected and temporarily stored in drums or containers at site ❖ Waste oil should be done by professionals or oil companies or agents approved by the certifying authorities ❖ The camps and sites should have toilets. Ensure those working in the ocean including fishermen use toilets

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Spoils from ❖ Off/on shore mining, petroleum and gas exploration can be costly to offshore on shore the fisheries and blue economy. The spoils and spills should be mines, petroleum handled with a professional company to avoid spillage on the ocean. and gas exploration ❖ In case of leakages, it should be reported immediately to authorities. ❖ Prepare an environmental management plan for the off/on shore mining and hydrocarbon exploration. Noise and vibration ❖ Noise buffering measures to be incorporated into projects building pollution designs. ❖ Noise levels to comply with national standards. ❖ Construction workers and drivers sensitised. No movement of heavy vehicles after dark. ❖ Maintenance of fish processing plant and equipment. ❖ PPE (ear plugs/muffs) to be provided and use enforced. Decreased Air ❖ Control speed of construction and other vehicles on sub-projects sites. Quality emission of ❖ Equipment/machinery operators and drivers of construction vehicles greenhouse gases to be sensitised. ❖ Maintenance of construction plant and equipment. ❖ Watering to keep dust levels down ❖ Stockpiles to be enclosed / covered. Decreased Water ❖ Put measures to conserve water catchment area such as Mchelelo and Quality/ Scarcity of Kipini in Tana River; Arabuko Sokoke in Kilifi and Kaya Kinondo in safe fresh water; Kwale. ❖ Provision of proper sanitation facilities. ❖ Design and construction of sanitation facilities ensures compliance with national standards. Degradation of ❖ Controlled clearing of vegetation and trees in sub-project areas. aquatic flora ❖ All disturbed areas to be rehabilitated and re-vegetated. mainly coral reefs ❖ Minimize damming effect. and Mangroves ❖ Baseline survey of aquatic flora and follow up study 5 years later. Social impacts Diseases Spread- ❖ Awareness and sensitization on communicable diseases. Public Health ❖ Awareness and sensitization on HIV/AIDS and other diseases ❖ Provision of Condoms ❖ Having public health awareness dates to sensitize locals on the emerging health issues due to the project. Displacement of ❖ Alternative livelihoods should be in place to cater for the artisanal artisanal miners, miners and fisher folks fishermen/women ❖ Train the local community on fish farming ❖ Capacity building the local communities on eco-tourism Land Acquisition, ❖ Develop a resettlement action plan and follow due process to establish Restrictions on the one with the right to land. Once the owner is known, the project Land Use and should acquire the site and compensate the owner under the RPF Involuntary (resettlement Policy Framework. Resettlement; ❖ Preparation of an abbreviated compensation and resettlement plan covering permanent and temporary land take, and including all costs of land (at market value), property/housing, crops, relocation, transportation, loss of income, etc.

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❖ As far as possible, power line to follow existing way leaves and rights of way, to minimise land take and crop loss. ❖ Controlled clearing activities to ensure minimum crop loss. Population ❖ Integrated planning of the urban centers and the township should pressure due to ensure adequate housing to control mushrooming of shanties. influx of people ❖ Develop environmental management plan that will take into account from other areas in the increased solid and liquid waste and the demand for other social search of economic amenities. opportunities ❖ Encourage urban planning. Labor and Working ❖ The projects should incorporate use of local labour both skills and Conditions/ semi-skilled to improve the economic standards of the local Employment Issues communities. ❖ Encourage skills development amongst the local population.

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7. ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORING PLAN, INCLUDING THE INSTITUTIONAL ARRANGEMENTS FOR THE PROJECT IMPLEMENTATION AND SUPERVISION

Table 21: Environmental and Social Management Process

S/No Environmental Nature of Recommended Mitigation Measures Goal Who Timeframe and Aspect Impact Responsible Monitoring Indicators 1. Solid waste Pollution of soil ✓ Final disposal should be at dumpsites or To County Agreement on disposal sites disposal. and water; landfills approved by the NEMA; ensure Governments, prior to commencement of Plastic waste ✓ Implementation of waste segregation, waste is Fisheries, and work along the beach reduction and recycling on site; managed NEMA. Waste segregation/reduction shores; and ✓ The project in the long run will utilize the properly. practices to be monitored on Poor waste County-proposed dumpsites at Mwakirunge a monthly basis for the management area in Kisauni Sub-county; along the flight duration of the project handling at path that has led to delay in issuance of an Kinondo EIA License. dumpsite where waste spreads to sugar cane farms wildlife disturbance. 2 Liquid waste ✓ Pollution of ✓ For a hatchery and any other subproject To County To be completed prior to disposal soil and requiring wastewater management: ensure Governments, commissioning of each water; Installation of septic tanks for the proposed waste is Fisheries, and subproject. ✓ River water wastewater volumes (as per project design) managed NEMA. contamination ✓ Construction of effluent management properly. from systems at the proposed fish landing sites. domestic activities; Prior to design finalization

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✓ Poor drainage ✓ In the subproject designs/ESIAs/ESMPs and sewerage refer to waste water EHS Guidelines.4 systems, and ✓ Incorporate proper drainage into subproject ✓ Wildlife design. disturbance 3 Pollution (ponds ✓ Ponds Establish measures to minimize runoff from Fisheries, Prior to commencement of drainage). discharge project sides, which includes physical barriers NEMA and work (effluents) and planting of buffer vegetation around areas County introduces of potential runoff. Governments. Monthly during construction contaminants phase (very high During construction phase, the discharge points nutrient will be tested for contaminants every month levels) into the environment; ✓ Habitat degradation; and, ✓ Affects wildlife and human health. 4 Impact on flora - If unmanaged, ✓ Avoid burning cut vegetation. KFS, During each subproject and fauna the activities may ✓ Remove vegetative debris from work sites as Fisheries, implementation (with habitat. contribute to soon as possible. NEMA and monthly monitoring) impacts on ✓ Remove vegetation in areas only where it is County Mangrove tree absolutely necessary. Governments. species such as:

4 WBG EHS Wastewater Guidelines: https://www.ifc.org/wps/wcm/connect/026dcb004886583db4e6f66a6515bb18/1- 3%2BWastewater%2Band%2BAmbient%2BWater%2BQuality.pdf?MOD=AJPERES

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charcoal burning, ✓ Only use mechanical and manual methods to usage for remove vegetation. construction ✓ Keep vegetative debris away from drainage materials, systems. firewood, and ✓ Site rehabilitation prior to subproject farming. completion - Death of ✓ For mangrove rehabilitation/restoration Mangrove due to activities: discharge of ✓ (1) conduct biodiversity survey of the waste water subproject area - Wildlife ✓ (2) use only approved species for planting disturbance; (based on the above survey) - Increases ✓ (3) source planting material only from artificial edges approved sources to avoid introduction of that affect edge invasive species species; ✓ (4) avoid planting during fish and other - Encroachment species breeding seasons of Dakatcha forests in Kilifi County. 5 Pesticide and - Unregulated use ✓ Promote integrated pest management Fisheries, Project stakeholder other chemicals of chemicals can practices and advise the project beneficiaries NEMA and education and establishment use affect human on safe use of chemicals. (see Annex 12 for County of required IPM practices health (directly or more details) Governments. should be done in through farmed preparation of each of fish ✓ Utilize environmental management of vector subprojects (prior to consumption) and diseases. In developing specific mitigation commencement of works) contribute to measures, consult with WHO guide water pollution (https://apps.who.int/iris/handle/10665/69487)

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6 Quarry Site Quarries are in all ✓ Identify borrow and quarry sites away from Fisheries, Based on subproject Impacts. the counties sensitive environments and develop quarry NEMA and screening for all subprojects especially in management and rehabilitation plans, and County requiring borrow and quarry Mombasa, Kilifi, ✓ Rehabilitation of the decommissioned Governments. for material sourcing. ESMP Kwale and Lamu. mining sites prior to contract closure. should be prepared prior to ✓ For any project-owned borrow and quarry site opening. site, require contractor to prepare a dedicated ESMP. ✓ For any existing borrow and quarry sites to be used for material sourcing require a current NEMA license prior to use. 7 Oil spills - Along the port ✓ Regulate establishment of petrol stations Fisheries, Part of Contractor ESMP, area. near on inside the ocean. ERC, NEMA prepared prior to - Two oil spill ✓ Specified area allocated for maintenance of and County commencement of works. incidents have fishing boats engines. Governments. Monthly monitoring of been reported in ✓ Provision of proper contained facility use/storage/disposal of oils Kibarani area. constructed for storage of oil and oil on project sites. ✓ - Boat products. operators use ✓ Oil interceptor to be installed at storm water their boats as drain outlet and maintained. floating petrol ✓ Procedures for proper storage, handling and stations in disposal of oil products, and spill response. Lamu Island. ✓ Provision of spill kit. ✓ Maintenance of fishing boats engines. 8 Soil erosion ✓ Beach erosion ✓ Minimize removal of vegetation; Fisheries, Throughout construction and accretion; ✓ Minimize earthworks and removal of soil; WTA, phase, monitored on ✓ Land loss; ✓ Monitor areas of exposed soil during periods NEMA and monthly basis. ✓ Siltation of of heavy rainfall; County waterways; ✓ Clear vegetation in areas only where it is Governments. and absolutely necessary;

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Loss of wildlife ✓ Clearly demarcate work areas; and habitat. ✓ Site rehabilitation prior to contract closure. 9 Invasive species ✓ Alien species ✓ Control introduction of alien species; KFS, Prevention practices witnessed at the issue may be ✓ Investigate opportunities for use of biomass KELPHIS, identified as part of project Oxbow lakes in intensified thermal power (gasification) plants to Fisheries, design. During construction Tana River and without generate renewable energy and management NEMA and monitored on monthly basis. Lamu. proper of the Prosopis juliflora which is an invasive County planning and species. Governments. awareness 10 Decreased Water - Latrines are ✓ No refuse, oily wastes, fuels/waste oils Fisheries, Throughout construction Quality/ Scarcity found near the should be discharged into drains or onto site NEMA and phase. of safe fresh boreholes and grounds. County water wells. ✓ Fuel storage tanks/sites should be properly Governments. Monitored on monthly - Pollution from secured to contain any spillage. basis. agricultural ✓ Maintenance and cleaning of vehicles, trucks activities. and equipment should take place offsite - Opening especially where project sites are close to burning of the water bodies. waste especially ✓ Toilet facilities should be provided for plastics/polythene construction workers to avoid indiscriminate bags. defecation in nearby bush or local water bodies. ✓ Surveillance system put in place by NEMA to monitor air quality; ✓ NEMA has put in place a quick response system to any environmental incidents; Enforcement of restoration orders by NEMA; 11 Soil Erosion Degraded ✓ Minimize land clearing areas as much as Fisheries, Throughout construction causing siltation vegetation cover possible to avoid unnecessary exposure of NEMA and phase. bare ground to the elements of the weather.

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in the rivers and ✓ Re-vegetate cleared areas as early as County Monitored on monthly ocean. possible using indigenous tree/plant species. Governments. basis. ✓ As much as possible, avoid construction work in the rainy season. 12 Decreased Air - Main air ✓ Proposed investments should require that NEMA, Throughout construction Quality and pollution reported construction contractors operate only well- Fisheries, and phase. emission of recently is lead maintained engines, vehicles, trucks and County greenhouse pollution in equipment. A routine maintenance program Governments. Monitored on monthly gases. Emission Uhuru Owino for all equipment, vehicles, trucks and power basis. of toxic gases. informal generating engines should be in place. settlement in ✓ The project should ensure the use of good Mombasa quality fuel and lubricants only, County. ✓ If dust generation at the project/construction - Dust from site becomes a problem, limited wetting of Bamburi Cement sites and or unloading and reloading points and other should be done to reduce dust raising, manufacturing ✓ Construction traffic speed control measures and processing should be enforced on unpaved roads (speed companies. limits through communities should be - Oil and gas ≤50km/hr on unpaved roads and near or at industry in Lamu. project site should be ≤30 km/hr). ✓ - Coal energy ✓ Engines of vehicles/trucks and earth-moving plant in equipment should be switched off when not Lamu. in use. 13 Noise and A few ✓ Proposed investments should require NEMA and Throughout construction excessive infrastructure contractors to use equipment and vehicles County phase. vibration. activities under that are in good working order, well Governments. KEMFSED maintained, and that have some noise Monitored on monthly (including suppression equipment (e.g. mufflers, noise basis. NAMARET baffles) intact and in working order.

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center) have ✓ This will be achieved by making it a potential to have component of contractual agreements with these impacts the construction contractors. during ✓ Contractors will be required to implement construction best driving practices when approaching and phase. leaving the site (speed limit of ≤30 km/hr) to minimize noise generation created through activities such as unnecessary acceleration and breaking squeal. ✓ Engines of vehicles/trucks and earth-moving equipment should be switched off when not in use. ✓ Project GRM will be used to collect instances of excessive noise and vibration during construction to undertake remedial measures.

Social Environment 14 Physical - Resettlement of ✓ All affected persons to be given relocation Fisheries and Prior to commencement of displacement local people assistance (cash or kind) by the Project to County the project works, RAP settled along the enable them move their properties to new Government. conducted in preparation for mapped fish locations, i.e. in accordance with the construction phase. landing sites. Resettlement Policy Framework (RPF), ✓ Resettlement Plans will be required. If a site GRM functionality is acquired, the State may relocate persons monitoring during and post- and their families as well as community RAP implementation facilities to be affected. The affected families should not be made to incur any cost during the relocation period.

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✓ If applicable, based on RPF guidance, a resettlement plan should be prepared and implemented prior to commencement of activities on such sites. 15 Security Security threats - ✓ Need to protect the proposed project area National Prior to commencement of concerns especially from through use of the multi-agency; Government the project works, the suspected ✓ Fencing the landing sites; and (Kenya Coast Monitored on monthly Alshabab ✓ Lighting all the fish landing sites. Guard basis. militants in Lamu ✓ Provision of solar powered fishing lamps. Services), County that Fisheries and hinders their County fishing activities. Government. In Vanga BMU, they had fish breeding projects but never succeeded due to insecurity. 16 Encroachment - Most of the ✓ Mapping of all the fish landing sites in the NLC, Prior to commencement of of public land landing sites have Counties; Fisheries, the project works, RAP earmarked for been grabbed by ✓ Establishment of proper landing sites with NEMA, conducted in preparation for construction of the private complete infrastructure; National and construction phase. fish landing sites. investors. For ✓ Enhance compliance and rehabilitation of County example, Amu the sites. Governments. GRM functionality Island in Lamu ✓ Community sensitization; monitoring during and post- County has no ✓ Survey the riparian areas; RAP implementation landing site. ✓ Ensure proper (and well communicated) - Blockage of demarcation of beach access roads and pathways to the beach landing sites;

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ocean for example Likoni; - Land allocated for construction of fish landing site in Makupa, old town, and Mandubao beach have been settled by people. 17 Loss of _ Members of the ✓ Those whose livelihood is affected should be Fisheries and Prior to commencement of employment and local community assisted to ensure they will not be worse off County the project works, livelihoods. to be resettled as a result of the project. This can include Government. RAP/VMGP conducted in from their livelihood assistance, provision of new jobs preparation for construction business areas. immediately without any loss of income. phase. ✓ The social assessments and socio-economic surveys, which will be undertaken for the GRM functionality preparation of individual monitoring during and post- investments/subprojects as well as the RAP/VMGP resettlement action plans, should assess implementation these issues and provide measures in accordance with the Resettlement Policy Framework (RPF), Social Assessment, Process Framework and Vulnerable and Marginalized Groups Framework. ✓ Contractors should use local labor as much as possible and where available. As much as possible, all unskilled labor should be contracted or obtained from the local community.

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18 ✓ Land Loss of land and ✓ Due process should be followed to establish NLC, Prior to commencement of Acquisition/ other assets. the true owner of any land, be it family or Fisheries, the project works, RAP displacement; communal land. Once established, the NEMA, conducted in preparation for project should acquire the site by paying National and construction phase. appropriate compensation in accordance County with the resettlement policy framework Governments. GRM functionality (RPF), which would be the replacement cost monitoring during and post- of the assets lost. RAP implementation ✓ Compensation of residents in special economic zones for example Dongo Kundu area as per site specific RAPs. 19 Impacts on The BMUs also ✓ Trucks carrying construction materials such NLC, Part of Contractor ESMP, to human health/ have no trained as sand, quarry dust, laterite etc. will have Fisheries, be conducted in preparation traffic safety and life guards to the buckets covered with appropriate NEMA, for construction phase and sanitation. train the polythene material from or to project site; National and monitored on a monthly fishermen. ✓ Only road worthy vehicles/trucks. should be County basis. Some fish used, Governments. landing sites lack ✓ Only experienced drivers/operators should toilets causing be employed; risk to health ✓ Except for areas secured by fencing, all safety. active construction areas will be marked More so, lack with high-visibility tape to reduce the risk Personal accidents involving pedestrians and vehicles; Protective ✓ All open trenches and excavated areas will Equipment when be backfilled as soon as possible after handling fish construction has been completed. (preparing fish ✓ Access to open trenches and excavated areas for cold storage) will be secured to prevent pedestrians or at the Banda. vehicles from falling in;

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They also do not ✓ Adequate sanitary facilities will be available have lighting for workers and open range defecation will devices not be countenanced. especially for ✓ Construction workers will be provided with fishermen fish at and educated to wear suitable Personal night. Protective Equipment (PPE) including hard Most households hats, overalls, high visibility vests, safety in Shimoni do not boots, earplugs, gloves etc. have toilets hence ✓ Enforce use of PPEs at all times for all staff release and laborers and ensure supervision of the themselves into same to minimize accidents; forests and at the ✓ Construction workers should be educated to beach. adhere to basic rules with regard to protection of public health, including most importantly hygiene and disease (HIV/AIDS) prevention. 20 Impacts on - Encroachment ✓ Archaeological interest /existing NMK, NLC, Identified as part of cultural heritage / of riparian areas ecologically sensitive areas; Fisheries, screening for each archaeological such as sea shore ✓ The pre-construction surveys should identify NEMA, subproject with a specific interest / existing and fish landing cultural heritage resources and existing National and plan for avoiding impacts on ecologically sites. ecologically sensitive areas that the project County cultural heritage established sensitive areas. - Degradation of should avoid and by-pass these resources. Governments. prior to subproject coral reefs. ✓ The Project should implement a chance find implementation. - Depletion of procedure (Annex 8) and reporting system to marine/ aquatic be used by contractors in the event that a GRM monitoring on regular resources such as cultural heritage feature or ecologically basis. octopus and sensitive item/issue is encountered. prawns. ✓ There is need to reclaim cultural heritage - There are a sites. number of ✓ These sites are located in private lands.

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historical ✓ Reviving key industries for example the cultural, cashew nut and coconut plants. archaeological sites and sacred groves in the five (5) counties visited. - This includes caves, monuments and forests such as Kaya. 21 Safety, ✓ Impacts on ✓ The Project will require all contractors to NEMA, Part of Contractor ESMP, to Occupational human health implement an Environmental, Health and Fisheries and be conducted in preparation Health and and public Safety (EHS) plan which will outline County for construction phase and Environmental safety was procedures for avoiding health and safety Government. monitored on a daily basis Health mentioned in incidents and for emergency medical by the staff on site and on all the treatment. This will be achieved by making monthly basis by CPIUs. Counties. it a component of contractual agreement. ✓ Main ✓ Contractors will be required to wear suitable accidents as a Personal Protective Equipment (PPE) result of including hard hats, high-visibility vests, glasses, life safety boots and gloves and life vests as savers. appropriate in accordance with the EHS Fishermen plan. Enforce use of PPEs at all times for all lack shoes for staff and laborers and ensure supervision of protecting the same to minimize accidents; them. ✓ All construction and other workers will be ✓ Lack and/or sufficiently trained in the safe methods inadequate

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Personal pertaining to their area of work to avoid Protective injuries. Equipment (PPE) reported by BMUs such as Vanga, similar in all counties. 22 Labor Influx ✓ Some BMUs ✓ Develop site-specific measures before the Fisheries and Part of Contractor ESMP, to Management. were contractor starts work, and update them as County be conducted in preparation concerned by necessary to reflect project developments. Government. for construction phase and private Overall, adequate monitoring and adaptive monitored on a monthly investors management of the potential impacts from basis by CPIUs. coming up labor influx are key to properly addressing with a them and mitigating risks. GRM monitoring on regular processing ✓ Recruit as many local workers from the basis. plant, them as areas as possible. Provide training for the local local communities to acquire skills needed communities for work opportunities if there is reasonable need access to time especially on monitoring and information maintenance. on projects ✓ Develop a Labour Influx Management Plan they can and Workers Camp Management Plan for all invest in for projects. socio- ✓ Outline the contractor’s responsibilities on economic influx management in contracts. livelihoods.

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23 Impact on gender - Impact on ✓ The project will take into consideration the Fisheries and Throughout access to water pastoralists and different needs for water and types of access County construction/implementation for household fisheries which will be affected for each of these Government. phase for each of use and activities in the groups and provide relevant mitigation subprojects household plots arid and semi- measures which will be decided with those as well as impact arid areas are affected. on pastoralists most affected. ✓ Some mitigation measures could include and fisheries. water points for household use and livestock; livelihood assistance to those whose whole or partial livelihood will be affected as a result of some of the possible investments such as dams. ✓ Specific impact and relevant measures will be covered by project specific social assessment. 24 HIV/AIDS - Influx of people ✓ Design HIV/AIDS awareness, sensitization NACC, Throughout Spread and other in the fish in the and prevention program for each project that Fisheries and construction/implementation related public landing areas. extends to the communities as a whole; County phase for each of health diseases ✓ Design programs for reducing the spread of Government. subprojects such water borne water borne diseases like Malaria, Bilharzia diseases etc. in collaboration with the Ministry of Health. 25 Introduction of ✓ Degradation ✓ Build tilapia ponds away from flood- prone KELPHIS, Incorporated into the project exotic fish of ecosystem areas; and Fisheries and design and monitored on a integrity. ✓ Incorporate flood protection systems into the County monthly basis throughout Affects wildlife design and construction of the tilapia ponds. Government. construction/implementation health species. phase for each of subprojects 26 Construction of ✓ Wildlife ✓ Minimize clearance of vegetation, KWS, Incorporated into the project earthen ponds. disturbance; Fisheries and design and monitored on a

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✓ Siltation of ✓ Only use mechanical and manual methods to County monthly basis throughout waterways; remove vegetation; Government. construction/implementation ✓ Reduces ✓ Minimize earthworks; phase for each of wildlife ✓ Site rehabilitation prior to project closure subprojects habitat; and ✓ Habitat degradation. 27 Construction of ✓ Wildlife ✓ Site rehabilitation; KWS, Throughout construction above ground disturbance; ✓ Minimize clearance of vegetation; Fisheries and phase. ponds. ✓ Reduces ✓ Only use mechanical and manual methods to County wildlife remove vegetation; and Government. Monitored on monthly habitat; ✓ Removal of vegetation, and ✓ Habitat degradation. 28 Human-Wildlife ✓ Human- ✓ Fencing – to reduce human-wildlife KWS, Monitored on a monthly conflicts Wildlife conflicts; Fisheries and basis throughout conflicts in ✓ Compensation of farmers; and continuous County construction/implementation many engagement and consultation with KWS and Government. phase for each of counties for the project subprojects. example Kwale and Each relevant subproject Kilifi. should have a plan for minimizing HWC during operation 29 Drugs and other ✓ In Lamu and ✓ Engaging key stakeholders is sensitizing the KWS, Part of the subproject design narcotic Mombasa, the local community on the dangers indulging in Fisheries and (at the County level) and substances use of drugsis drugs. stakeholder engagement.

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a challenge ✓ Involvement of multi-agencies to curb abuse County that hinders of drugs and other narcotics. Government. Monitored on monthly the users from basis. actively engaging in fishing and other socio- economic activities. 30 Reduced ✓ Reduced ✓ The project should address displacement, Fisheries and Prior to commencement of livelihood livelihood of changes to land rights and/or restricted County the project works, RAP communities access to resources. Government. conducted in preparation for in the project ✓ Compensation should be fair for lost land, construction phase. area residence, and business structures for both (including people and livestock. GRM functionality ethnic For example: monitoring during and post- minorities) Watha community which is among the listed RAP implementation could face VMG - were hunters and gatherers who economic depended on forests as source of their displacement, livelihoods. The ban of forests has really changes to affected their socio-economic status. Through land rights the interventions by KCDP, the minority group and/or has a Watha Cultural Center at Mackinnon restricted Kinango Sub-county. Mudugani Shrines at access to Kilibasi Centre village, has caves and other resources natural resources such as water and trees being because of the conserved. The shrine was reopened in 2017 project’s after Watha cultural center was built. development.

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8. CAPACITY DEVELOPMENT FOR ENVIRONMENTAL MANAGEMENT AND MONITORING

8.1. Capacity Strengthening for ESMF Implementation

198. In order to effectively carry out the environmental and social management responsibilities for subproject implementation, institutional strengthening will be required. Capacity building will encompass all KEMFSED staff and sub-project Implementing Agencies and technical agents. 199. KEMFSED will prepare a training plan that includes training modules for the project staff, technical agents, beneficiary groups etc.; as part of the ESMF. This will leverage on going World Bank projects such as Livestock livelihood Resilience Project; Kenya Climate Smart Agriculture among others. Below are some of the capacity building training needs: • Use of Screening Form and Checklist • Design of appropriate sub-project mitigation measures. • Public consultations in the ESMF process. • Design of appropriate monitoring indicators for the sub-project’s mitigation measures • Integration of sub-project ESMPs into the KEMFSED’s cycles during their project implementation stages. • Grievance Redress Mechanism • Community mobilization/participation and social inclusion • Training sessions on mitigation of environmental and social impacts and ESMP • Training on how to generate baseline data • Training Impact analysis and impact rating

200. Effective implementation of the VMGF, ESMF, and the RPF will require adequate capacity enhancement within institutions and other stakeholders, especially in regard to monitoring and evaluation. There is need for capacity building of implementers at the Project Coordinating Unit and the project implementing structures including at the National, County and Community levels. Table 22: Type of Training and Target Groups

Level Key target groups Type of Training / Activity National NPCU Sensitization on the PICD and level National Steering Committee Environmental and Social Safeguard National Technical Advisory framework Committee County level County Project Steering PICD Committee, Environmental and Social safeguard framework

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County Project Technical Application of the screening checklists, Advisory Committee with manuals and tools line department and Conflict resolution and the grievance ministries at the county level mechanism Social Audits Report Writing Citizen and Stakeholder Engagement Decision making on screening results Community Community level structures PICD Social level (value chain producer Skills on screening and use of the Environment organizations, community & Social Check List interest groups, vulnerable Checklist for the RPF and RAP implementation and marginalized groups, and VMGF and Plan training the community development Conflict Resolution and Participatory M& E committees). and reporting Gender Screening Training on the CIDP Lobby and Advocacy Building Farmer organizations Training on ESMPs

8.2. Environmental and Social Management Process

201. Environmental and social management process main objective is to ensure there is avoidance, minimization and mitigation of advance impacts while enhancing positive impacts where possible. The World Bank operation policy 4.01 requires a range of instruments to be used depending on the project such as EIA, Environmental audit, hazard or risk assessment and environmental management plans. All the stages of the project should therefore undertake social and environmental screening, scoping, ESIA and development of Environmental and social management plans.

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Schematic Representation of the ESIA Process

Community/Develop Subproject Brief Submitted To er/Client Submits subproject brief to NEMA NPSC

Stage 1: SCREEN 1 SCREEN 2 SCREEN 3 NEMA and Screening NPSC consult Whether subproject is Whether subproject Whether adequate on exempt (identify any requires mandatory mitigation measures community mitigation issues & ESIA have been project brief develop ESMPs at incorporated

community level) Certificate Stage 2: Scoping of approval Stakeholder by NEMA ESIA consultations and Study feedback Preparing ToRs

Reviewing the ToRs NEMA, NPSC and Stakeholders consultations

Collecting information for ESIA Public and Stakeholders consultations

Preparing an ESIA Draft ESIA Report

Reviewing ESIA Report World Bank, NEMA, NPSC, Public and Stakeholders consultations Approving ESIA

Report Certificate of ESIA - approval from NEMA Approved community project subproject

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8.3. Examples of Impact Mitigation Plans

202. Environmental and Social Management Plan (ESMP): The ESMP is a key output of the ESIA and will be the backbone for the implementation of safeguards during project implementation, operation and decommissioning and its implementation costs have to be well defined and included in the overall project implementation cost. While there are no standard formats for ESMPs, it is recognized that the format needs to fit the circumstances in which the ESMP is being developed and the requirements, which it is designed to meet. KEMFSED will be preparing a standard ESMP in a format suitable for inclusion as technical specifications in the contract documents. ESMPs should be prepared after taking into account comments and clearance conditions from both the relevant agency providing environmental clearance and WB. 203. ESMP in general include the following components: (i) mitigation plans, (ii) monitoring plan, (iii) institutional arrangements, (iv) capacity building, and (v) associated costs. The ESMP will also cover a set of social issues, as applicable: (i) listing the potential social and gender impacts; (ii) identifying adequate mitigation or enhancement measures for each impact (direct or indirect; permanent or temporary; physical or economic, residual and cumulative); (iii) assigning responsibility for the implementation of mitigation and enhancement measures; (iv) assigning time and cost estimates for implementation of mitigation and enhancement measures (v) defining indicators with gender disaggregated data for Monitoring and Evaluation of implementation of mitigation and enhancement measures. 204. For subprojects which will be identified as having low to moderate risk (though the project screening) and approved by the NPCU safeguards specialist, can use a simplified format for ESMP (outlined in Annex 11). 205. Resettlement Action Plans (RAP) and Abbreviated Resettlement Action Plan (aRAP): It is anticipated that KEMFSED will not result into large scale land take and therefore physical or economic displacement may be minimal or on a lower side. The Resettlement Policy Framework has been prepared for this Project setting out the requirements to develop a Resettlement Action Plan, should economic or physical displacement occur as a result of a sub-project. The RFP also includes a protocol for community land donation. The A RAP is designed to ensure impacts arising from land acquisition, displacement and relocation are avoided, minimized or mitigated at least to restore the standards of living of affected people at pre-project level. A RAP focuses on people affected by land acquisition, relocation and restriction of access, and defines a strategy for formalizing arrangements and responsibilities for mitigating negative impacts caused by land acquisition. The RPF will be consulted and applied to all sub-projects as appropriate. In the event that there are very few PAPs affected by a sub-project an Abbreviated RAP (ARAP) may be prepared or the ESIAs may incorporate a section on land acquisition and the corresponding

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compensation and other mitigation measures. The required components of RAPs and ARAPs are set out in OP 4.12. 206. Vulnerable and Marginalized Group Plan (VMGP): Vulnerable groups are understood in the context of the Constitution of Kenya to mean the marginalized and minority communities but even within this group there are those individuals and communities who meet the requirements of OP 4.10. The VMGF was prepared based on the presence of VMGs within the project counties. During project implementation VGMPs in accordance to the VMGF will be prepared where necessary by the proponents. 8.4. Stakeholder Capacity Building

207. The implementing stakeholders require trainings on the environmental and social safeguards but at various intensities, stipulated in the matrix. This is because each level of stakeholders and type will have a different role in as far as environmental and social safeguards implementation and monitoring are concerned. Some levels such as the technical agents, project coordinating unit, county technical teams will require detailed trainings and some of them will be ToTs while the national level may require just the sensitization/awareness approach; the benefitting farmers will have capacity building which is not detailed but enough to allow them perform and deliver the expected outcomes. 208. The trainings for Community Level structures will be done in a number of areas. For example, leaders of the community level implementation structures will be trained on governance, procurement, financial management, record/bookkeeping, group dynamics as well as cross-cutting issues such as HIV/AIDs, gender mainstreaming, nutrition, equity issues, climate change, sustainable land management practices and technologies and environment i.e. all identified TIMPs, as recommended in the KEMFSED Frameworks. 209. Positive impacts from the safeguard trainings are expected to be realized by the target communities. Key among these include: (i) increased conformity to safeguards through various capacity building levels, (ii) increased income especially from sale of fish products, quality agri- products as a result of mainstreaming safeguards in individual fishermen/ BMU, smallholder farmer, pastoral and community-based investments, (iii) inclusion of all segments of the community and gender mainstreaming in micro-project activities and community level decision-making structures; (iv) special targeting of the vulnerable and marginalized, and (v) increased participation of youth in the project’s activities through funding of specific youth and women actions plans (YAPs) where applicable. These positive impacts contribute immensely to an enhanced ability of VMGs and the other participating CIGs members to take care of their basic needs such as payment of school’s fees, health care and nutritional requirements of their families. 8.5. Monitoring

210. The purpose of monitoring is to ensure all measures and task in the environment and social management plans are effectively implemented. Monitoring process will be undertaken continuously throughout the project at overall national project level by SDFs& BE, World Bank and Sub-county levels.

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9. GRIEVANCE REDRESS MECHANISM

211. Grievances and disputes may arise at several stages of the Project’s planning and implementation and may be related to project administration or may be a result of conflicts between groups affected by the Project. Affected groups or individuals identified under the Project should be made aware at every stage that grievance procedures are in place and be advised on how they can access this mechanism. 9.1. Purpose

212. A Grievance Redress Mechanism (GRM) is required by the World Bank’s OPs in order to identify procedures to effectively address grievances arising from project implementation. Persons affected by the project must have an avenue where they can formally lodge their complaints and grievances and have them properly considered and addressed. GRM is a requirement under OP 4.12 and important tool for an overall project. A GRM can help project management significantly enhance operational efficiency in a variety of ways, including generating public awareness about the project and its objectives; deterring fraud and corruption; mitigating risk; providing project staff with practical suggestions/feedback that allows them to be more accountable, transparent, and responsive to beneficiaries; assessing the effectiveness of internal organizational processes; and increasing stakeholder involvement in the project. 213. It is very important that the project’s management and staff recognize and value the grievance process as a means of strengthening public administration, improving public relations, and enhancing accountability and transparency. Consequently, grievance redress will be integrated into the project’s core activities. This will be done by integrating grievance redress functions into project staffs’ job descriptions and regularly review grievances data and trends at project management meetings. Sources of Grievances

214. Potential sources of grievances and conflicts as a result of administration of the Project include:

• Poor communication and facilitation; • Inadequate or lack of consultation; • Concern over exclusion in decision-making; • Dissatisfaction with levels of representation in the various project committees. • Discontentment regarding performance of mitigation measures (e.g., support from alternative livelihoods); • Lack of transparency and accountability through the citizen engagement and

Sources of Conflicts

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215. During consultation, sources of conflict were mentioned by the stakeholders. These sources are, fishing grounds, land users between herders and farmers, leadership wrangles in the BMUs, big projects such as LAPSET and Coal production plant among others, conflict of roles among state departments, lack of involving communities during EIA, or design and implementation stages of the project etc. Conflict resolution is therefore key and the right redress mechanism need be in place. 216. Grievance Redress mechanism will address conflicts within the scope of the sub- projects’ authority and activities, as well as the population groups. GRM to handle conflicts for the KEMFSED project can be categorized under traditional structures, community management level, county level, judicial level and national levels. However, the first resolution mechanism is reconciliation and if it fails, the above levels can then address conflicts. 217. Potential conflicts, which may arise between affected groups as a result of the Project may include: • Competition for use of resources or disputes over access to a resource use area as a result of the Project; • The identification and disagreement on boundaries; and • Competition over the sale or marketing of products.

218. For example, in the coastal areas, conflicts have arisen between villages over rights to fish specific coral reefs that are known to be particularly productive. Migratory fishermen, who may not seek permission to fish local waters from appropriate village authorities or who may use destructive fishing practices, have come into conflict with local fishermen. Conflicts have also arisen between tourism operators, and local villages, BMUs on landing sites primarily associated with access and use of the foreshore and beach areas. There has also been conflict between fishermen and dive operators over preferred coral reef sites. The development of an MPA network has the potential to exacerbate such conflicts, as certain marine-based livelihood activities are displaced and move to new areas. A redress mechanism is required in the event that the previously-described provisions of the PF are not effective. 9.2. Principles of GRM

The KEMFSED GRM will adopt the following principles to enhance its effectiveness:

Table 23: GRM Principles

Equity No complaint is too big or small. All complaints received shall be treated with the urgency and the attention they deserve. All Aggrieved Parties regardless of their social standing, gender, political affiliation, religious affiliation shall be given opportunity to be heard by the responsible officers without prejudice.

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Accountability The project outcomes should benefit the people in the targeted communities and as such the Project Management is accountable to the people in the communities, they operate in. The project should be responsive to the needs of the community including their complaints and grievances. Transparency Members of the community or aggrieved parties have the right to information on the grievance mechanism, how to access it, who is responsible for handling their complaints and the potential outcome of the processes. Accessibility All people in the target communities must have unrestricted and free access to the GRM. The project shall publicize the GRM to all those who may wish to access it and provide adequate assistance for aggrieved parties who may face barriers of access, including language, literacy, awareness, finance, distance, or fear of reprisal. The Aggrieved Party shall be kept informed at each stage of the process. Anonymity The GRM will not disclose the identity(s) of the AP by name or otherwise to maintain confidentiality Timely This GRM should function promptly and speedily. Prompt action is not only Response desirable from the complaint’s point of view, but also from the management’s point of view. Since delay causes frustration and tempers may rise, it is necessary that grievances should be dealt with speedily. It is a common saying that justice delayed is justice denied. However, any ‘unnecessary delay constitutes another grievance. Settlement of grievances “in the shortest possible time and at the lowest level possible,” is the ideal one. Some of these cases and incidences might require reporting to the WB Task Team immediately. Confidentiality Grievances will be treated confidentially. Complainant’s names and personally identifiable information will be kept in the strictest confidence. Participatory All project-affected persons – fishers, community members, members of and socially vulnerable groups, project implementers, civil society, and the media - are inclusive: encouraged to bring grievances and comments to the attention of project authorities. Special attention is given to ensure that poor and marginalized groups, including those with special needs, are able to access the GRM. Building on The GRM will build on existing structures of informal and formal dispute existing resolution to enhance cost effectiveness. The GRM will rely on two existing informal and systems: informal dispute resolution practices (through the existing traditional formal dispute conflict resolution flows) and formal resolution practices (through existing resolution administrative and judicial flows by arbitration and courts of law). By doing this, flows the mechanism can easily become acceptable as the majority of stakeholders are already familiar with it.

9.3. Definition and Types of Grievance

219. A Grievance Redress Mechanism (GRM) provides access to remedy and identifies procedures to effectively address grievances arising from project implementation. Persons affected by the project must have an avenue where they can formally lodge their complaints and grievances and have them properly considered and addressed.

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220. For the purpose of the project’s GRM, grievance is defined as an issue, concern, problem, claim (perceived or actual) or complaint that an individual or group wants the project to address and resolve. It is understood that when community members present a grievance, they generally expect to receive one or more of the following: a) Acknowledgment of their problem b) An honest response to questions about project activities c) An apology d) Compensation e) Modification of the conduct that caused the grievance f) Some other fair remedy.

221. The GRM will be designed to respond to four types of complaints that are likely to arise: a) Comments, suggestions, or queries; b) Complaints relating to non-performance of project obligations; c) Complaints referring to violations of law and/or corruption; and d) Complaints against project staff or community members involved in project management.

9.4. Grievance Redress Guidelines

222. The GRM is being established at the field level for the KEMFSED project where matters can be addressed immediately within the scope of the project’s authority and activities. Given that the project implementation partners are under the State department of Fisheries and Blue Economy, it is expected that the department and the directorate of Fisheries and other implementing partners will provide support to the National structures responsible for the implementation and management of the project in the implementation of the GRM. The other level of the GRM is at the national level. This includes the judicial levels where the process is more formalized and complex and includes formal litigation. Also, at the national level is the Office of the Ombudsman who is able to take up issues directly related to the project. 223. At the field level, the County Project Coordinating Unit (CPCU) will be appointed to officially respond to grievances raised by individuals and groups of community members. A GRM Committee made up of members of County Project Steering Committee (CPSC) and County Technical Advisory Committee (CTAC). Other members of GRM will be incorporated on ad hoc basis depending on the nature of the grievance to strengthen the objectivity of the mechanism. 224. Grievances can be presented orally or in writing in person or by using information and communication technology (telephone or email). Where presented orally, the CPCU must ensure that the grievance is documented in writing.

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Figure 31: GRM Framework

Source: World Bank (2012a, 2012b) Grievance Procedures a) Registration - Community members can inform the PIU about concerns directly and if necessary, through third parties. Once a complaint has been received, it will be recorded in a complaints log or data system. The log will be kept in hardcopy or electronic form. All reported grievances will be categorized, assigned priority, and routed as appropriate. b) Sorting and Processing - This step determines whether a complaint is eligible for the grievance mechanism and its seriousness and complexity. The complaint will be screened however this will not involve judging the substantive merit of the complaint. The following guide will be used to determine whether a complaint is eligible or not:

Eligible complaints may include those where: • The complaint pertains to the project. • The issues raised in the complaint fall within the scope of issues the grievance mechanism is authorized to address. • The complainant has standing to file.

Ineligible complaints may include those where: • The complaint is clearly not project-related. • The nature of the issue is outside the mandate of the grievance mechanism. • The complainant has no standing to file.

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• Other project or organizational procedures are more appropriate to address the issue.

225. If the complaint is rejected at this stage, the complainant will be informed of the decision and the reasons for the rejection. The complainant will be given the benefit of the doubt and engaged in a conversation before a decision to reject the complaint is made as complainants often provide incomplete information. The PIU will try to truly understand the grievance before responding. All complaints whether eligible or not, will be logged for reference. 226. When evaluating and investigating complaints the parties, issues, views, and options will be clarified: • The parties involved will be fully identified; • The issues and concerns raised by the complaint will be clarified; • The views of other stakeholders, including those of project staff will be gathered; • The complaint in terms of its seriousness (high, medium, or low) will be classified.

227. Seriousness includes the potential to impact both the project and the community. Issues that will be considered include the gravity of the allegation, the potential impact on an individual’s or a group’s welfare and safety, or the public profile of the issue. A complaint’s seriousness is linked to who in the project’s management needs to know about it and whether the Project Steering Committee is advised immediately.

c) Acknowledgment and Follow Up - When a complaint is registered, the County Project Implementation/coordination Unit (CPCU) through appropriate staff will acknowledge its receipt in a correspondence that outlines the grievance process; provides contact details and, if possible, the name of the contact person who is responsible for handling the grievance. The CPCU will respond acknowledging the issue within 7 working days. In responding to the complaint, the CPCU may seek and hold a meeting with the aggrieved party(ies). Complainants will then receive periodic updates on the status of their grievances.

d) Evaluating, Investigating and Taking Action - This step involves gathering information about the grievance to determine its validity, and resolving the grievance. The merit of grievances will be judged objectively against clearly defined standards such as the Environmental and Social Safeguards, Vulnerable and Marginalized Groups Framework (VMGF), Resettlement Process Framework and other legal requirements and the Project Operations Manual. For grievances that are straightforward (such as queries and suggestions) these will be resolved quickly by contacting the complainant and providing an appropriate response. Grievances that cannot be resolved at the project level will be referred to the most competent authority.

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228. In general, four basic approaches will be considered when evaluating what array of resolution approaches to offer. These include: • The GRM Committee proposes a solution. • The GRM Committee and the community decide together how best to address the issue. • The GRM Committee and community defer to a third party to decide. • The GRM Committee and community utilize traditional or customary practices where appropriate.

9.5. Implementing the GRM

229. The following measures will be taken to ensure that the GRM is effectively implemented. a) Build Awareness of GRM – The GRM will be presented by project staff to community members during the project inception workshop and during community consultations when planning MPA zoning restrictions. Other ways to engaged community members in implementing the GRM include the following:

• Simple, visually engaging marketing materials will be developed. These will describe the process for handling people’s concerns and the benefits that can result. The materials will also inform the local communities about where to go and who to contact if they have a complaint. • Formal and informal meetings in local communities will be used as the main method for building awareness about the GRM. • Communities will be consulted about any risks or fears they have associated with using the system. Information about what else they might need to voice a complaint and participate effectively in the mechanism will be elicited and used to update the GRM.

b) Train Staff on GRM – Project staff will be educated about the GRM and its procedures. This is to ensure that staff members are able to accept complaints, or to participate in on-the-spot resolution of minor problems. The following will be considered when developing training sessions for project staff:

• Sessions will focus on why the grievance mechanism is in place, its goals, benefits, and how it operates. • Roles and expectations of project staff (what to do if a member of the community approaches them with a grievance, how best to respond to aggrieved stakeholders and the importance of listening, remaining objective, and taking stakeholder concerns seriously). • The constructive role of community dissent in project operations, by encouraging the view that complaints and opposition are a source of valuable information that can lead to improved operations, reduce risk, and develop a supportive relationship with the community.

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230. Emphasize that there will be absolutely no reprisals and the participation of community members in the GRM does not diminish their rights or entitlements to benefits from the project in any way. This same information will be shared with local communities.

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10. COMMUNICATION, CONFLICTS AND GRIEVANCES HANDLING MECHANISMS

10.1. Introduction

231. All communities are faced somewhat with various conflicts including displacement through political influence, cattle rustling, internal civil strives, and community strives instigated through some external forces. In each of these challenges there exist local solutions/remedies that can be enhanced to contain the identified conflicts. Project interventions will attract social accountability and hence facilitate sustainable impacts. The project will endeavor to receive feedback from the community on the project implementation. 232. KEMFSED is built on lessons learnt under WKCDD/FMP and KAPAP. It is riding on the same communities and their proposed interventions. The project will thus identify governance structures in each project area through social assessment to enhance their efficiency. Where Council of Elders exists, they will be included for participation in charting a leadership and governance structure appropriate for each target community. 233. A Conflicts and Grievances Handling Strategy will be formulated in a participatory way and explained in the KEMFSED VMGF. In addition, a communication strategy will be developed to guide the formal communication for the project together with all stakeholders as explained by the VMGF. In a nutshell, the KEMFSED Frameworks recommends institutional strengthening; targeting of the vulnerable and marginalized groups; need for ideal project environment to boost implementation; project implementation structures and need to capacity build them; and need to delineate roles and responsibilities for peace and efficiency. 234. Social Audit and Integrity Committees (SAIC) will be elected democratically by project beneficiaries and work on voluntary basis. SAIC work will be to resolve any conflicts that would arise during project implementation. The SAIC membership is proposed to consist of 5 people per regional fish industry value chain who are known for their integrity (and at least 1/3 must be women and/or vulnerable and marginalized groups). Their functions include and not limited to auditing funded projects, procurement and financial management processes, handling complaints and grievances, and advisory services to the target communities on pertinent issues of interest. These committees are expected to submit regular reports to the county technical teams. 10.2. Community Mobilization and Participation

235. KEMFSED builds upon the achievements and experiences of previous WB CDD projects as a way of reducing the project risks because the implementation approach is familiar to the target beneficiaries: The CPCU/PCID team will conduct broad consultation with project beneficiaries and stakeholders and will involve them in development of

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Community integrated Action Plans (CIAPs) and project implementation arrangements. Participation of beneficiaries, particularly in planning, budgeting and monitoring is required to ensure community voices are heard and addressed. 236. CDD approach allows development to be participatory and demand-driven. To provide voice to the voiceless, and safeguards against social exclusion and elite capture. Devolution to communities and counties implies that the direction of accountability should be downward to local people, not only upward to central governments and donors. Furthermore, decentralization should be based on the principle of subsidiarity. That is, responsibility for tasks should be devolved to the lowest level of government that can deal effectively with them. Each level should perform tasks according to its comparative advantage. 237. The other advantage of CDD basic skills garnered through learning by doing are upgraded steadily with outside support. Local governments and communities are able to get technical and managerial support on demand enhancing sustainability of their development initiatives. Further, CDD emphasizes institutional change and the software of development - empowering and sensitizing people, enhancing transparency, changing attitudes. 238. To promote local “ownership”, communities and counties governments are required to contribute to project costs and operation and maintenance costs, apart from helping with design, implementation, and maintenance and monitoring, this is an assurance that the post project activities in the any of the ESMP and general maintenance of various initiatives can form part of the county budgets and plans. 239. CPCUs will facilitate community participation to ensure that the target communities in all selected counties establish elected community officials and that the respective CIGs/VMGs include women, youth and minority communities.

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11. PROJECT MONITORING AND EVALUATION

240. All project results indicators will be disaggregated by gender to monitor women’s participation in the project interventions. The project will also enhance capturing this environmental and social in a disaggregated manner data gender where applicable. 241. The compliance with ESMF will be monitored. The NPCU at the MoALFI will establish a monitoring system involving the project staff at national and county level, as well as community groups of CIGs/CDDCs to ensure effective preparation and implementation of the subprojects ESMPs. A set of monitoring indicators will be determined during ESMP implementation and will be guided by the indicators contained in the ESMF/PAD document. The NPCU will carry out monitoring as well as the World Bank social staff. Appropriate monitoring formats will be prepared for monitoring and reporting requirements. 242. The Environmental Management and Coordination Act (EMCA) require that all projects be subjected to a review and screening process in order to determine whether a full scale ESIA is necessary or not. This is done through preparation of a project report which will be prepared by the CPCUs. Each investment will need to be reviewed independently for potential environmental and social impacts. In cases where a full scale ESIA is required, it will be mandatory that the feasibility study is undertaken concurrent with the ESIA study in order to ensure that the findings of the ESIA are incorporated in the feasibility study at the design stage. This will ensure that environmentally sound design including proposed mitigation measures as well as alternatives are incorporated in the feasibility reports at the design stage hence avoiding design change at an advanced stage. 243. As already discussed, the KEMFSED has been rated as category B and does not require a full scale ESIA, room is provided for a case by case subproject activity. The Environmental Management and Coordination Act Cap 387 require that all projects be subjected to a review and screening process in order to determine whether a full scale ESIA is necessary or not. Project investments will each need to be reviewed independently for potential environmental and social impacts 244. A completed appraisal package comprises all of the results of the ESIA procedures if undertaken in order to permit a full environmental review. If the World Bank determines that the appraisal package is not complete because the environmental procedures have not been completed, or because after further review it is discovered that the information provided earlier for the screening procedures was incorrect or misleading and that further information is required, the appraisal package will be deemed incomplete and the Review team will promptly notify the applicant of the deficiencies noted. 245. KEMFSED support will also depend on: (i) the applicant has presented the certified copy of the positive conclusion of the relevant national authority i.e. NEMA or - as the case may be - the Review Committee determines that no further environmental review is

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246. The project has primarily triggered five Bank’s environmental and social safeguard policies: Environmental Assessment (OP 4.01); Natural Habitats (OP 4.04); Indigenous Peoples (OP 4.10); Involuntary Resettlement (OP 4.12) and Physical Cultural Resources (OP 4.11). Table 24: Operational Safeguards Policies Triggered by the Project

Environmental and Social Safeguards Triggered YES NO 1. OP/BP 4.01: Environmental Assessment X 2. OP/BP 4.04 Natural Habitats X 3. OP/BP 4.36 Forests (e.g. Mangroves) X 4. OP/BP 4.11 Physical Cultural Resources (e.g Kayas) X 5. OP/BP 4.10 Indigenous Peoples (Watha, Boni) X 6. OP/BP 4.12 Involuntary Resettlement X 7. OP/BP 4.09 Pest Management X 8. OP/BP 4.37 Safety of Dams X 9. OP 7.50 Projects in International Waters X 10. OP 7.60 Projects in Disputed Areas X

12.1. Environmental Assessment (OP 4.01)

247. Proposed project investments in Fish value chains (e.g. produce chilling or storage facilities, local level value addition) and infrastructure (Market stalls, cooling plants, fish meat handling facility) are likely to have negative environmental and social impacts, which however are expected to be small-scale, site specific and largely reversible. The area of project investments and the design of subprojects were not known during project preparation, since the project activities will be identified and decided upon by beneficiaries. The project has adopted a framework approach to managing safeguards with subproject specific documents developed during implementation once they are identified. At the time of the preparation, the project prepared: (a) Environmental and Social Management Framework (ESMF) for handling environmental assessment, impacts on natural habitats and physical cultural resources (“chance find procedures”); (b) Vulnerable and Marginalized Group Framework (VGMF) covering provisions of indigenous people policy; and (c) Resettlement Policy Framework (RPF) for involuntary resettlement. These frameworks provide a mechanism for: (i) identifying and assessing potential adverse environmental and social impacts, based on the types of activities envisioned; and (ii) proposing screening methods and processes of assessing and designing appropriate mitigation measures for the identified investments. 248. The preparation of the safeguards frameworks is informed by the findings of this study triangulated with lessons from other ongoing World Bank Agricultural sector project including KCSAP, NAGRIP and Livelihood Resilience for Arid and Semi-arid lands. The

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localized impacts of the various Sub-projects will be determined by the screening process for environmental and social impacts. The screening will utilize: (a) Environmental and Social Screening form (Annex 3), which will help identify potential adverse environmental and social impacts; guidance for preparation of the ESIAs (Annex 2); and Environmental and Social Checklist, which outlines simple environmental mitigation measures (a simplified ESMP) sub-projects not requiring a full ESIA report (see Annex 11). Where a significant adverse social impact will be identified, the project will prepare a Resettlement Action Plan or a Vulnerable and Marginalized Group Plan. 12.2. Natural Habitat (OP/BP 4.04)

249. All sub-projects will be screened for impacts on natural habitats. The project will not fund any sub-projects deemed to adversely affect natural habitats. Using the screening checklist prepared for this project and annexed to the ESMF, the client will identify and not pursue any subprojects that are believed to result in significant conversion or degradation of natural or critical habitats from the list of fungible subprojects. Where the projects may have an impact on natural habitats, the site specific ESIAs/ESMPs will include mitigation measures to protect and minimize impacts on these habitats. 12.3. Forests (OP 4.36)

250. For activities involving planting or restoring of degraded mangroves, the preparation of the ESIA/ESMP will be undertaken in accordance with the 2017-2027 National Mangrove Ecosystem Management Plan, prepared by the Ministry of Environment and Forestry (MoEF) and Regional Development Authorities. 12.4. Physical Cultural Resources (OP/BP 4.11)

251. Although there are cultural heritage sites in the target project counties, the proposed activities are not expected to traverse areas of cultural or historical importance (or can be designed to avoid these impacts). Chance find procedures will be included in the technical specifications of contract for all infrastructure contracts and site specific ESIA/ESMP reports (see Annex 7 for a sample procedure). 12.5. Indigenous Peoples (OP/BP 4.10)

252. This Policy is triggered as the proposed project area has communities who meet the requirements of OP 4.10. Subprojects will be determined through the participatory approach and therefore their locations are not yet known and therefore the need to use the vulnerable and marginalized group framework (VMGF). During project implementation, once the specific locations and activities are identified, the project will prepare and disclose the VMGPs, which will be prepared in a participatory and consultative manner. 12.6. Involuntary Resettlement (OP/BP 4.12)

253. The World Bank’s safeguard policy on involuntary resettlement, OP/BP 4.12 is to be complied with where involuntary resettlement, impacts on livelihoods, acquisition of land

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or restrictions to access to natural resources. The Bank OP/BP 4.12 requires that RPF report must be disclosed as separate and stand-alone report. Given the possible array of subprojects likely to be proposed by beneficiaries, this policy is likely to be triggered. The purpose of the RPF will be to establish the resettlement and compensation principles, organizational arrangement, and design criteria to be applied to meet the needs of the project affected people (PAPs). The RPF therefore is prepared specifically to guide and govern sub-projects are selected for financing as detailed in resettlement action plan (RAP). The disclosure of the documents RPF & RAPs documents should be in locations where they can be accessed by general public and at the InfoShop of the World Bank. 254. Whenever applicable, the Environmental and Social Impact Assessments/Environmental and Social Management Plans (ESIAs/ESMPs), Resettlement Action Plan (RAPs) and Vulnerable and Marginalized Group Plans (VMGPs) would be developed for individual sub-projects during project implementation. The relevant World Bank Group Environmental Health and Safety Guidelines are applicable to subprojects. 255. Ensuing project launch at National and County level, the county coordinating units with the support of county technical teams will embark on stakeholder mobilization. This activity will entail stakeholder identification, mapping and analysis. Awareness creation and training of key stakeholders will be done culminating into formation of the technical teams that will steer community mobilization. 256. Effective Participatory methodologies such as participatory integrated community Development (PICD) process would be used to mobilize the community and facilitate potential beneficiaries to undertake resource assessment and mapping, problem identification and analysis, opportunity assessment, envisioning and finally develop a Community Action Plan (CAP). 257. The action plan forms the basis or a menu for future investment (plans) such as sub- projects. The county coordinating unit will be expected to annually plan and budget for a stipulated number of sub-projects. At the appropriate time the county coordinating unit in consultation with National coordinating unit will call for sub-project proposal. The beneficiary community groups in consultation with lead technical department having identified and prioritize investment opportunities as depicted in the CAP will develop a sub-project proposal. 258. At county level it is envisaged that a technical committee will be formed and bestowed with the responsibility of recommending the sub-projects proposals. Once satisfied the county technical committee through the project coordinating unit will submit the proposal to the National coordinating unit for the National technical committee to approve. The committees will use an agreed evaluation criterion to vet the proposals and among others is a requirement to comply with safeguard requirements including attaching a completed screening checklist (Figure 31).

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COUNTYY TECHNICAL COMMITEE to vet and recommend the sub-project to the National technical committee

Ward/Sub-County level Community Driven Cummittee that will oversee sub-project i implementation and participartory M&E

Sub- project proposal preparation and administration of screening checklist by Beneficiary group with support of lead technical departments

259. FIGURE 32: SCHEMATIC SUB-PROJECT PREPARATION AND CLEARANCE COMMUNITY TO COUNTY

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13.1. Stakeholder Consultations and Disclosure

261. The stakeholder consultation and disclosure workshops on the draft final ESMF was held on 19th and 20th June 2019 at KEMFRI headquarters in Mombasa. It was attended by several stakeholders who participated with representatives of different organizations. They included: World Bank representative; Staff of the State Department of Fisheries, Blue Economy and Aquaculture within the Ministry of Agriculture, Livestock and Fisheries (MOALF); KEMFSED Technical Project Preparation Team; County Government staff who included; Chief Officers of Fisheries, County Director of Fisheries, County Project Coordinator and Social Safeguards Officer/Social officer; representatives from Central Government such as NEMA; several envisaged project implementing agencies; members of fisheries Value Chain Common Interest Groups; Representatives of VMGs/IPs, various representatives of special interest groups such as women, youth, the disabled, Development Partners, Non-State actors and NGOs undertaking community-based value chain activities. The list of participants and summary of issues discussed during this stakeholder consultations and disclosure are appended on this safeguard instruments as annex 13. 262. Disclosure: After the stakeholders’ consultations and disclosure workshops and having incorporated all the comments by the participants on the Draft Final ESMF will be disclosed by the client on the website of the Ministry of Agriculture, Livestock and Fisheries (MOALF) and the link shared with the WB. A summary of the framework will also be advertised in the main local daily newspapers. Subsequently, the framework will be disclosed in the WB external website and all project documents updated accordingly. I. Objective of the Stakeholders Consultations was to: • Create awareness and provide key information to the stakeholders about the KEMFSED project • Gather information key environmental and social issues and concerns on proposed project • Ensure inclusivity of all stakeholders / populations by age, gender and sectors • Gather the views of the vulnerable and marginalized groups in the targeted project area II. Methodology and Tools for the Consultation. 263. Methodology and tools used for consultation were focused group discussions with the BMUs, key informant interviews to the national, county and sub-county levels, public hearing (Baraza), workshop and meetings and telephone interviews. The stakeholders were chosen purposively based on their role in implementing the project and the populations likely to be affected by the project. The stakeholders chosen are from different ages, gender, ethnicity, religion and sectors.

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13.2. Summary of the Stakeholder Consultations

264. Focused group discussions and key informant interviews by various stakeholders were undertaken in the five targeted counties. The stakeholders who participated in the consultation meetings are Beach management units, Community Based organizations, state actors e.g. NEMA, KFS, Fisheries, Agriculture, Livestock, Water and Environment departments, women organizations, Community conservation groups to mention few. Populations by gender, age and VMGs are represented in the CBOs and BMUs. All the stakeholders support the KEMFSED projects and ready to collaborate as they tap socio- economic benefit of the intervention. However, for effective collaboration and implementation, an inclusive participatory approach be put in place in all the stages of the project. 265. Summary list of all the consultations undertaken in the respective targeted counties is attached in the report (Annexes 4-6). The challenges and recommendations raised by various stakeholders during the consultation meetings are annexed in the report (Annex 4). 266. However below is a summary of key issues raised in the consultation meetings to be considered during sub-project designs. Table 25: summary of key issues raised in the consultation meetings

Fisheries • Inadequate fisheries infrastructures at the fish landing sites such as electricity, fresh water, sanitations, fish banda, cold storage facilities. Example in Vanga, cold storage facilities are more than twenty (20) years old and not functioning. Other proposed infrastructures at the landing sites include ice plants, conference rooms and rescue boats. • Illegal fishers/ trespassers-fishermen from Pemba, Tanzania and fishers from other counties a problem cutting across the five counties. However, Lamu County, fishers from Pemba supplement fish production but in Kilifi they are viewed a threat to their source of livelihoods. • Underproduction of fish- due to untapped marine water resources. Example in Lamu, only 5 Nautical Miles is being exploited for fishing activities, untapped waters extends to 250 Nautical miles-they propose deep fishing activities and enhance the fishers with deep sea fishing equipment and skills. • Absence of fishermen in Lamu County a challenge in coming up with new projects, hence need for education and awareness on the benefits of fisheries sector to the community. • Some of the BMUs have no landing site due to grabbing by private investors for development. Landing site with no allotment areas has been proven difficult to claim back the land. Moreover, some of the active fish landing sites have not been gazzetted nor issued with title deeds.

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• Enhance Fish markets through erecting fish processing plants, fishermen to sell directly to the markets since middlemen are exploiting them. • Conflicts are due to illegal fishers, transboundary between Kenya and Tanzania fishermen on fishing water grounds and other innerrnal conflicts among fishers. GRM are however identified though BMUs, fisheries deparment, traditional courts and other relevant agencies such as National judicial courts • Capacity building, training and education awareness- to empower the fishermen on sustainable fishing, handling equiments since handlers are not adequately skilled. Most fishermen are not skilled to go deep sea fishing with their low capacity boats. • BMU leadership-Most BMU members across the five counties are not educated hence a challenge in leadership. Some BMUs are well structured with proper registration and record keeping as well as yearly workplan, whilein other BMUs registration and record of all the members is ongoing. Most leaders-chairpersons are elderly hence funding BMUs activity in Kwale County becomes a challenge since it’s a requirement for the chairman leading the BMU be 35 years and below. • Majority of the youths are not actively engaged in fisheries activities. This is due to the following reasons; lack of awareness on the importance of fishing industry as a source of livelihood, livelihoods of fishers has been perceived to be for the vulnerable and poor members of the community, in acceptance of fisheries a source of income, lack of skills particularly deep sea fishing, lack of power capacity boats and fishing gears for deep sea fishing. • Health and safety-it was captured that most fishermen are not trained on life safety skills hence need for training. Some BMUs lack sanitation facilities. PPEs are inadequate for handling fish at the Banda. Lack of lighting devices especially for fishermen who return to the landing site during the night from off shore fishing. • Insurance to insure fisher’s equipment- boats • Other alternative sources of livelihoods-fruit tree crops farming, industries e.g sof drinks, aquaculture, Mariculture. Environmental • Protected biodiversity and ecosystems of importance are mangroves, coral reefs, sea turtle, sea mammals, fish species categories- demersals, Pelagics, sharks and rays, crustaceans-lobsters, prawns, crabs and others-oysters, octopus, squids and sea cucumbers. • Challenges to the protected ecosystem and biodiversity are; Unsustainable and illegal fishing activities and nets, use of poison by illegal fishers to kill fish, affects the coral reefs. The fish is sold to the markets affecting health of the populations, Aquarium / ornamental fishing affects the coral reefs and targets certain fish species. Due to lack of good motor boats to go off shore, fishing at the shallow coral reefs have been overexploited and destroyed therefore interventions required on sustainable fishing methods and high capacity fishing equipment.

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• Solid waste management- a challenge at the fish landing sites, no segregation of wastes from the source hence a challenge in management. Solid waste is affecting the aquatic fauna and flora species. Propose collaboration between the county environmental departments and BMUs in managing the waste at the landing sites, come up with a waste recycling plant, and create awareness to change the attitude of communities on sound solid waste management, identify waste receptacle collection points and Segregation of wastes. • Liquid waste/ effluent management- sewerage systems in the five counties is a challenge. Example in Lamu, there is no sewerage system hence al effluents is drained in the ocean. Eighty (80) percent of Mombasa is not covered by sewerage. This need to be considered in the design of sub-projects. Land • The fishers suggested fishing villages/communities likely to be displacement affected by the project to be consulted and involved in the acquiring and of their land, the value of their land both present and total value- Resettlement inclusive of both the assets and historical cultural attachment value. Conflicts are likely to be minimal for individual owned land during compensation and more likely to occur in communally owned land. Farmers • Enhance markets e.g coconuts • Crop diseases and unpredictable weather patterns a challenge- supply the farmers with seeds based on ecological climatic zones as well as tolerant to harsh weather conditions. People with • Kwale County there is no representative at the county assembly. They disability prefer sub-projects be disability group specific due to their different levels of understanding.

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<< ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) >> REFERENCES

Arthur, T., & Mohammed, S. (2012). Protection of Marine areas in Kenya.The George wright forum. Vol.29, No.1,43-50 Ayiemba, W, O. (1997) A study of Butterfly diversification of Arabuko-Sokoke forest, Kenya. Unpublished master’s thesis, University of Nairobi. County Government of Kilifi: County Integrated Development Plan 2018-2022. County Government of Kwale: County Development Plan 2019-2020. County Government of Mombasa: First County Integrated Development Plan 2013-2017. County Government of Tana River: Second County Integrated Development Plan 2018-2022. GoK (1989) Population Census Vol. 11. CBS – Ministry of Planning and National Development. Government Printers; Nairobi, Kenya.

GoK (1991) Statistical Abstract: CBS – Ministry of Planning and Natural Development. Government Printers, Nairobi, Kenya.

GoK (1999) Population and Housing Census Vol. 1: Population Distribution by Administrative areas and Urban Centers. CBS – Ministry of Finance and Planning. Government Printers; Nairobi, Kenya.

GoK (2003) Kenya Gazette Supplement No. 56; Legislative Supplement No. 31- Legal Notice No. 101. The Environmental Impact Assessment and Audit Regulation 2003. Government Printers; Nairobi, Kenya. GoK (2005). Kenyan Coasts paper. Ministry of Agriculture Livestock and Fisheries; Nairobi, Kenya.

Harrison P and Lqiser J. (2009) Livelihoods on the South coast; A social economic background for the development of community conservation areas. IUCN. (2004) Managing Marine Protected Areas. A toolkit for the Eastern Africa Regional Programme. Karisa J., Obura D. and Macharia D. (2010) Coral reef biodiversity assessment of the Southern coast of Kenya. State of Coast Report for Kenya (2017). 2 (ed.) NEMA. World Bank (1996). The Environmental Impact Assessment (EIA) in Africa: A World Bank Commitment. World Bank, Washington D.C. USA.

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Annex 1: Proposed Terms of Reference for an ESIA/ESMP

1.1. Scope of Environmental and Social Impact Assessment (ESIA) Report

1. The ESIA experts conducted the Environmental and Social Impact Assessment (ESIA) Study Report and prepared an ESIA Study Report as per the general ESIA guidelines and administrative procedures issued by the Authority as provided for by the Environmental (Impact Assessment and Audit) Regulations 2003. The scope of the ESIA study as established under these regulations included the following: - 1.2 Project Location 1.3 Project Description 1.4 Public Consultation

2. A credible Public Consultation Process (PCP) is crucial to the successful completion of the assignment and preparing an acceptable Environmental Management Plan (EMP). The PCP should continue through project implementation and facility operation. The Consultant: a) Identify and convene the key stakeholders; hold appropriate meeting with the project proponent to establish the procedures, define requirements, responsibilities and time frame. b) Prepare and disseminate information in relation to the project; produce an ESIA Study report that contains among other issues potential negative and positive impacts and recommendation of appropriate mitigation measures to minimize or prevent adverse impacts. c) Establish mechanisms and conduits for consulting communities and representative groups and carryout a systemic environmental assessment at the proposed project site and the surrounding area. d) Keep records of information and consultation; and provide a description of the activities through the entire implementation process of the project with special focus on potential impact to the surrounding environment and develop an Environmental Management Plan and Cost Estimate for the proposed project. 1.5 Scope of Work The specific responsibilities of the Consultant are given below. (a) Task 1 Project Description

3. The Consultant should provide a description of the scope and physical characteristics of the proposed facility. This will include information on the management of the Solid Waste Damping site integrated system to be studied, unit processes to be operated, handling and haulage methods to be employed and types and quantities of waste to be processed, phased approach of facility development; possible future decommissioning and closure and restoration of landfill;

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(b) Task 2 - Project Alternatives

4. The Consultant should make a systematic comparison of alternatives taking into account environmental and social factors. i. Sites - The Consultant should review the site selection exercise and process adopted by the pre-feasibility studies and concludes with reasons for selecting the most suitable site. ii. Routes - The Consultant should compare the different haulage routes for hauling the waste from the generators to the site. iii. Technologies - review the comparison for alternate methods of disposal presented in the pre-feasibility studies. The basis for the selection of the recommended option for the project design must be stated. iv. No Action - Include the alternative of not constructing the project, in order to demonstrate environmental conditions without it.

(c) Task 3 - Existing Environment and Baseline Data Collection

5. The Consultant will define the study area taking into account the probable regions of influence of the project and collect data on relevant physical, biological and socio- economic conditions. Data collection shall draw upon existing, available information from line government ministry, research organizations, public, third party and the pre- feasibility studies supplemented as necessary by a field investigation and monitoring program. Data should be collected in the following areas: i. Physical - geology, topography, soils, climate and meteorology, ambient air quality, surface and groundwater hydrology, existing water quality status, existing sources of air emissions; ii. Biological - an inventory of flora and fauna, sensitive habitats and endangered species, and forest lands; iii. Socio-economic conditions - human factors: population, community structures, employment, distribution of income, goods and services, recreation, public health, presence of tribal groups, their customs, aspirations and attitudes. Land features: land ownership, land-use and zoning, proximity of site to residential and economic locations and archaeological and historical properties, planned development activities, transport access and availability of utilities and services.

(d) Task 4 - Assessment of Potential Impacts

6. The Consultant shall identify positive and negative impacts likely to result from the proposed project, interpreting “environmental” throughout the EIA study to include socio-economic impacts as well as impacts on the natural environment. Following this, the Consultant should describe the likely changes in the prevailing environmental conditions that may be brought about by establishing the proposed waste management facility.

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7. Where practicable, the size and severity of impacts should be quantified, and attention should be drawn to specific issues of uncertainty and trade-off between competing/conflicting impacts. In other areas, a qualitative assessment should be made of the potential significance of impact. The extent and quality of available data, key data gaps and uncertainties associated with predictions should be described. Topics that do not require further attention should be specified. Any impacts that are irreversible and/or cannot be avoided or mitigated should be identified. (e) Task 5 - Analysis and Evaluation of Risks

8. The Consultant shall identify the impacts that can translate to potential risks in the construction and operation phases, and risk analysis performed. (f) Task 6 - Formulation of Environmental Management Plan (i) Mitigation Plan for each significant negative impact or major risk

9. The Consultant should recommend and describe a measure to avoid or mitigate (reduce to acceptable levels) or when unavoidable, to compensate for the damage. In the description, the text should include an estimate of capital and recurring costs and should identify the party/parties responsible for implementation. The Consultant should propose options for compensation to affected parties for impacts which cannot be mitigated. The complete set of recommended measures -in the EMP - should also be presented in a summary table. Allocation of institutional responsibilities should be clearly specified. (ii) Management Plan

10. The consultant shall prepare an environmental management plan for the proposed facility. The environmental management plan shall identify procedures for the reception, handling and processing/disposal of waste at the facility. It shall state in clear terms the environmental management and health safety requirements which must be adhered to by the operator of the facility. The environmental management plan shall be written in such a way as to allow it to form a part of any contract documentation for operation of the facility. (iii) Monitoring Plan

11. The Consultant should specify the types of monitoring needed for measuring potential environmental and social impacts during construction, operation, restoration and aftercare phases. As part of the on-going work of the PCP, the Consultant should include opportunities for community monitoring by stakeholders. As in the case of the mitigation plan, requirements should be specific as to what is to be monitored, how and by whom (with clear delineation of responsibilities between the Proponent/Operator, Community Groups and State Agency). Cost estimates are necessary and where monitoring reports are to be prepared, the recipient responsible for review and any corrective action should be identified.

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Annex 2: Contents of the Environmental and Social Impact Assessment Report

The ESIA Study Report should include the following details: • Name of the proponent, PIN number, address and contact person • Title of the project • Objectives and scope of the project • Nature of the project; • Location of the proposed project, including the physical area that may be affected by the project’s activities; • Legal and Administrative Requirements • Project Alternatives • Description of proposed project, discussion of reasonable alternatives, • Decision making process followed during project definition • Types of activities that will be undertaken during the project construction, operation and decommissioning phases; • Design(s) of the project; • Materials to be used, products and by-products, including waste to be generated by the project and the method(s) of their disposal; • Potential environmental impacts of the project; • Assessment of environmental impacts; • Identification of positive and negative impacts, assessment of significance (quantitative and qualitative), identification of key issues; • Benefit Cost Analysis • Discuss costs and benefits in qualitative terms, support with quantitative assessment where appropriate; • Mitigation, Management and Monitoring - including institutional responsibilities and procedures for reporting and analysis; • Mitigation measures to be taken during and after implementation of the project; • An action plan for the prevention and management of foreseeable accidents during the project cycle; • A plan to ensure the health and safety of the workers, and neighbouring communities; • Economic and social benefits to the local community and the nation in general; • Project budget; • Views of the public about the project, indicating representativeness of the potentially affected people; and • An environmental management plan (EMP) for the entire project cycle.

ESIA Study Guiding Issues (Second schedule EIA/Audit Regulations, 2003)

Study Guiding Issues (Ref: Second schedule EIA/Audit Regulations, 2003):

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I. Ecological considerations ▪ Effect of project on the number, ▪ Diversity, ▪ Breeding habits of wild animals and vegetation,

II. Effect of project on: ▪ Soil fertility ▪ Breeding populations of fish, game or wild animals ▪ Natural regeneration of woodland and sustainable yield ▪ Wetland resource degrading or wise use of wetlands

III. Ecosystem maintenance including ▪ Effect of proposal on food chains ▪ Nutrient cycles ▪ Aquifer recharge, water runoff rate ▪ Real extent of habitats ▪ Fragile ecosystems

IV. Social considerations including ▪ Economic impacts ▪ Social cohesion or disruption ▪ Effect on human health ▪ Immigration or emigration ▪ Communication – roads opened up, closed, rerouted ▪ Effects on culture and objects of cultural value

V. Effect on landscape including ▪ Views opened-up or closed ▪ Visual impacts (features, removal of vegetation e.t.c.) ▪ Compatibility with surrounding area ▪ Amenity opened-up or closed

VI. Land uses ▪ Effects of project on current land uses and land use potentials to the project area ▪ Possibility of multiple use ▪ Effects of project on surrounding land uses and land use potentials

VII. Effects of project on water resources including: ▪ Rivers ▪ Springs ▪ Lakes (natural and man-made) ▪ Underground water and

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▪ Drainage patterns/drainage systems 2.3. Key conclusions

12. Key conclusions, positive and negative impacts of the proposed facility, recommendations in relation to acceptability of environmental impacts, and conditions for project approval and/or reasons for project disapproval. 2.4. Expected Outputs ▪ The expected outputs from the ESIA study were as follows:- ▪ A description of the proposed site and the immediate surroundings with respect to ▪ The proposed project, ▪ Stakeholders’ opinions and suggestions on the proposed development, ▪ Clear impact projections that would be associated with the proposed project, ▪ Appropriate mitigation measures and a monitoring plan on the significant impacts, ▪ An environmental management plan. ▪ Five copies and an electronic copy of the ESIA Study report for submission to NEMA.

2.5. Responsibility of the Client

▪ Pay for any testing that may be demanded by NEMA. ▪ Pay consultancy fees for the ESIA study report. 2.6. Appendices ▪ All relevant documents), for example: • Supporting data, information and surveys; • List of EIA papers and references

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Annex 3: Field Environmental and Social Monitoring Checklist

ENVIRONMENTAL SCREENING CHECKLIST FOR ALL SUB-PROJECTS CARRIED OUT IN A SPECIFIC LOCATION (Filled and prepared by county level staff and community committee member and approved by Field Appraisal Officer (CDE) and NPCU environmental and social experts) Project Information Project Title Kenya Marine Fisheries and Socio-Economic Development Project (KEMFSED) State department for Fisheries and Blue Economy, Ministry of Agriculture, Livestock and Implementation Agency Fisheries County and Location (Lamu, Tana

River, Kilifi, Mombasa and Kwale) Estimated Cost (USD) Objectives of the subproject Summary of activities to be undertaken

1. Integrating Overarching Principles to Strengthen Social and Environmental Sustainability How Does the Project Integrate the Overarching Principles in order to Strengthen Social and Environmental Sustainability? Briefly describe in the space below how the Project mainstreams the human-rights based approach

Briefly describe in the space below how the Project is likely to improve gender equality and women’s empowerment

Briefly describe in the space below how the Project mainstreams environmental sustainability

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2. Identifying and Managing Social and Environmental Risks Human Rights Answer Comments (Yes/No)

1. Could the Project lead to adverse impacts on enjoyment of the human rights (civil, political, economic, social or cultural) of the affected population and particularly of marginalized groups? 2. Is there a likelihood that the Project would have inequitable or discriminatory adverse impacts on affected populations, particularly people living in poverty or marginalized or excluded individuals or groups? 3. Could the Project potentially restrict availability, quality of and access to resources or basic services, in particular to marginalized individuals or groups? 4. Is there a risk the project could result in a significant change/loss in livelihood of individuals living near the project location or of affected population? 5. Is there a likelihood that the Project would exclude any potentially affected stakeholders, in particular marginalized groups, from fully participating in decisions that may affect them? 6. Is there a likelihood the project will cause inward migration of people from outside the area for use of services or other purposes? 7. Is there a risk that duty-bearers do not have the capacity to meet their obligations in the Project? 8. Is there a risk that rights-holders do not have the capacity to claim their rights? 9. Have responsibilities been well defined and accepted by concerned parties in regard to the project?

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10. Have local communities or individuals, given the opportunity, raised human rights concerns regarding the Project during the stakeholder engagement process? 11. Is there a risk that the Project would exacerbate conflicts among and/or the risk of violence to project-affected communities and individuals? 12. If significant impacts are anticipated, are there adequate protection measures proposed to reduce impacts?

Gender Equality and Women’s Empowerment

1. Is there a likelihood that the proposed Project would have adverse impacts on gender equality and/or the situation of women and girls? 2. Would the Project potentially reproduce discriminations against women based on gender, especially regarding participation in design and implementation or access to opportunities and benefits? 3. Have women’s groups/leaders raised gender equality concerns regarding the Project during the stakeholder engagement process and has this been included in the overall Project proposal and in the risk assessment? 4. Would the Project potentially limit women’s ability to use, develop and protect natural resources, taking into account different roles and positions of women and men in accessing environmental goods and services? For example, activities that could lead to natural resources degradation or depletion in communities who depend on these resources for their livelihoods and well being If significant impacts are anticipated, are there adequate protection measures proposed to reduce impacts?

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Environmental Sustainability: Screening questions regarding environmental risks are encompassed by the specific Standard-related questions below 1: Biodiversity Conservation and Sustainable Natural Resource Management

1.1 Would the Project potentially cause adverse impacts to habitats (e.g. modified, natural, and critical habitats) and/or ecosystems and ecosystem services? For example, through habitat loss, conversion or degradation, fragmentation, hydrological changes, Mariculture development 1.2 Are any Project activities proposed within or adjacent to critical habitats and/or environmentally sensitive areas, including legally protected areas (e.g. nature reserve, national park), areas proposed for protection, or recognized as such by authoritative sources and/or indigenous peoples or local communities? 1.3 Does the Project involve changes to the use of lands and resources that may have adverse impacts on habitats, ecosystems, and/or livelihoods? (Note: if restrictions and/or limitations of access to lands would apply, refer to Standard 5) 1.4 Would Project activities pose risks to endangered species? 1.5 Would the Project pose a risk of introducing invasive alien species? 1.6 Does the Project involve harvesting of natural forests, plantation development, or reforestation? 1.7 Does the Project involve the culture production and/or harvesting of fish populations or other aquatic species? 1.8 Does the Project involve significant extraction, diversion or containment of surface or ground water?

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For example, construction of dams, reservoirs, river basin developments, groundwater extraction 1.9 Does the Project involve utilization of genetic resources? (e.g. collection and/or harvesting, manipulation/genetic engineering and commercial development) 1.10 Would the Project generate potential adverse transboundary or global environmental concerns? 1.11 Would the Project result in secondary or consequential development activities which could lead to adverse social and environmental effects, or would it generate cumulative impacts with other known existing or planned activities in the area? For example, a new road through forested lands will generate direct environmental and social impacts (e.g. felling of trees, earthworks, potential relocation of inhabitants). The new road may also facilitate encroachment on lands by illegal settlers or generate unplanned commercial development along the route, potentially in sensitive areas. These are indirect, secondary, or induced impacts that need to be considered. Also, if similar developments in the same forested area are planned, then cumulative impacts of multiple activities (even if not part of the same Project) need to be considered such as processing of raw products. 1.12 If significant impacts are anticipated, are there adequate protection measures proposed to reduce impacts?

2: Climate Change Mitigation and Adaptation

2.1 Will the proposed Project result in significant greenhouse gas emissions or may exacerbate climate change?

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2.2 Would the potential outcomes of the Project be sensitive or vulnerable to potential impacts of climate change? 2.3 Is the proposed Project likely to directly or indirectly increase social and environmental vulnerability to climate change now or in the future (also known as maladaptive practices)? For example, changes to land use planning may encourage further development of floodplains, potentially increasing the population’s vulnerability to climate change, specifically flooding 2.4 If significant impacts are anticipated, are there adequate protection measures proposed to reduce impacts?

3: Community Health, Safety and Working Conditions

3.1 Would elements of Project construction, operation, or decommissioning phases pose potential safety risks to local communities? 3.2 Would the Project pose potential risks to community health and safety due to the transport, storage, and use and/or disposal of hazardous or dangerous materials (e.g. explosives, fuel and other chemicals during construction and operation)? 3.3 Does the Project involve large-scale infrastructure development (e.g. dams, roads, buildings, sea ranching)? 3.4 Would failure of structural elements of the Project pose risks to communities? (e.g. collapse of buildings or infrastructure) 3.5 Would the proposed Project be susceptible to or lead to increased vulnerability to earthquakes, subsidence, landslides, erosion, flooding or extreme climatic conditions?

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3.6 Would the Project result in potential increased health risks (e.g. from water-borne or other vector-borne diseases or communicable infections such as HIV/AIDS)? 3.7 Does the Project pose potential risks and vulnerabilities related to occupational health and safety due to physical, chemical, biological, and radiological hazards during Project construction, operation, or decommissioning? 3.8 Does the Project involve support for employment or livelihoods that may fail to comply with national and international labour standards (i.e. principles and standards of ILO fundamental conventions)? 3.9 Does the Project engage security personnel that may pose a potential risk to health and safety of communities and/or individuals (e.g. due to a lack of adequate training or accountability)? 3.10 If significant impacts are anticipated, are there adequate protection measures proposed to reduce impacts? 4: Cultural Heritage 4.1 Will the proposed Project result in interventions that would potentially adversely impact sites, structures, or objects with historical, cultural, artistic, traditional or religious values or intangible forms of culture (e.g. knowledge, innovations, practices)? (Note: Projects intended to protect, and conserve Cultural Heritage may also have inadvertent adverse impacts) 4.2 Does the Project propose utilizing tangible and/or intangible forms of cultural heritage for commercial or other purposes? 4.3 If significant impacts are anticipated, are there adequate protection measures proposed to reduce impacts?

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5: Displacement and Resettlement

5.1 Would the Project potentially involve temporary or permanent and full or partial physical displacement? 5.2 Would the Project possibly result in economic displacement (e.g. loss of assets or access to resources due to land acquisition or access restrictions – even in the absence of physical relocation)? 5.3 Is there a risk that the Project would lead to forced evictions? 5.4 Would the proposed Project possibly affect land tenure arrangements and/or community-based property rights/customary rights to land, territories and/or resources? 5.5 If significant impacts are anticipated, are there adequate protection measures proposed to reduce impacts?

6: Vulnerable and Marginalized Groups

6.1 Are Vulnerable and Marginalized Groups (VMGs) present in the Project area (including Project area of influence)? 6.2 Is it likely that the Project or portions of the Project will be located on lands and territories claimed by VMGs? 6.3 Would the proposed Project potentially affect the human rights, lands, natural resources, territories, and traditional livelihoods of VMGs (regardless of whether these groups possess the legal titles to such areas, whether the Project is located within or outside of the lands and territories inhabited by the affected peoples, or

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whether the indigenous peoples are recognized as indigenous peoples by the country in question)? If the answer to the screening question 6.3 is “yes” the potential risk impacts are considered potentially severe and/or critical and the Project would be categorized as either Moderate or Substantial Risk. 6.4 Has there been an absence of culturally appropriate consultations carried out with the objective of achieving FPIC on matters that may affect the rights and interests, lands, resources, territories and traditional livelihoods of the VMGs concerned? 6.5 Does the proposed Project involve the utilization and/or commercial development of natural resources on lands and territories claimed by VMGs? 6.6 Is there a potential for forced eviction or the whole or partial physical or economic displacement of VMGs, including through access restrictions to lands, territories, and resources? 6.7 Would the Project adversely affect the development priorities of indigenous peoples as defined by them? 6.8 Would the Project potentially affect the physical and cultural survival of indigenous peoples? 6.9 Would the Project potentially affect the Cultural Heritage of indigenous peoples, including through the commercialization or use of their traditional knowledge and practices? 6.10 If significant impacts are anticipated, are there adequate protection measures proposed to reduce impacts? 6.11 Has the project informed the community of the focal point for GRM?

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7: Pollution Prevention and Resource Efficiency

7.1 Would the Project potentially result in the release of pollutants to the environment (water, air, soils, land, vegetation, fauna) due to routine or non-routine circumstances with the potential for adverse local, regional, and/or transboundary impacts? 7.2 Will the project affect the quantity or quality of surface waters (e.g. rivers, streams, wetlands), or groundwater (e.g. wells, reservoirs)? 7.3 Would the proposed Project potentially result in the generation of waste (both hazardous and non-hazardous)? that could adversely affect the local soils, rivers, ground water, streams and or vegetation? 7.4 Will the proposed Project potentially involve the manufacture, trade, release, and/or use of hazardous chemicals and/or materials? Does the Project propose use of chemicals or materials subject to international bans or phase-outs? 7.5 Will the proposed Project involve the application of pesticides that may have a negative effect on the environment or human health? 7.6 Does the Project include activities that require significant consumption of raw materials, energy, and/or water? 7.7 If significant impacts are anticipated, are there adequate protection measures proposed to reduce impacts?

Will the Project? Yes No 1. Use water during or after construction, which will reduce the local availability of groundwater and surface water? 2. Affect the quantity or quality of surface waters (e.g. rivers, streams, wetlands), or groundwater (e.g. wells, reservoirs)?

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3. Be located within or nearby environmentally sensitive areas (e.g. intact natural forests, mangroves, wetlands) or threatened species? 4. Lead to soil degradation, soil erosion in the area? 5. Create waste that could adversely affect local soils, vegetation, rivers and streams or groundwater? oiiu 6. Create pools of water that provide breeding grounds for disease vectors (for example malaria or bilharzia)? 7. Involve significant excavations, demolition, and movement of earth, flooding, or other environmental changes? 8. Affect historically-important or culturally-important site nearby? 9. Require land for its development, and therefore displace individuals, families or businesses from land that is currently occupied, or restrict people’s access to crops, pasture, fisheries, forests or cultural resources, whether on a permanent or temporary basis? 10. Result in human health or safety risks during construction or later? 11. Involve inward migration of people from outside the area for use of services or other purposes? 12. Increase tension/ conflict or disputes among or within communities? 13. Affect indigenous people, or be located in an area occupied by indigenous people? 14. Be located in or near an area where there is an important historical, archaeological or cultural heritage site? 15. Result in a significant change/loss in livelihood of individuals? 16. Adversely affect the livelihoods and /or the rights of women? 17. Cause increased settlement or degradation of surrounding areas? 18. Disposal of bush clearance residue may cause spreading of invasive species? 19. Introduce a non-native animal or plant species? 20. Involve handling of vet drugs and vaccines? 21. Maintenance and management responsibilities have not been defined and accepted by concerned parties?

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22. Has not extensively consulted and included VMGs in the selection, planning and project benefits including women? 23. Has not received wide community agreement on project including by VMGs? 24. Has not informed the community of the focal point for GRM?

If you have answered Yes to any of the above, please describe the measures that the project will take to avoid or mitigate environmental and social impacts (all such aspects will need to be incorporated into the project ESIA/ESMP/RAP/VMGP): ______

What measures will the project take to ensure that it is technically and financially sustainable and well co-ordinated with other interventions in the area? ______

If the answer to any of questions “Yes”, please use the indicated Annexes or sections(s) of the ESMF, RPF and VMGF for guidance on how to avoid or minimize typical impacts and risks.

Expert Advice Completed by County Project Implementation officer Name: ______Position / Community: ______Signature: ______Date: ______Tel contact: ______Approved by Community committee chair Name: ______Position______Signature: ______Date______Tel contact: ______Checked and approved by:

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Field Appraisal Officer (CDE)(NEMA) Name:______Signature:______Stamp Date:______Tel contact:______Action plan (completed by Field Appraisal Officer) NEMA Which course of action do you recommend? ☐ ESIA ☐ EIA ☐ ESMP ☐ ESMP Checklist (EMSF annex 12) ☐ RAP (RPF is the reference document with reference to resettlement issues) ☐ VMGP ☐ Other environmental/social plans ☐ There are no/ negligible environmental or social risks If a RAP is required, will the project displace or restrict access for less than 200 individuals, or if over 200, are losses for all individuals less than 10% of their assets? If yes, prepare an abbreviated RAP ☐ If no, prepare a full RAP ☐ Full details of resettlement requirements are provided in the accompanying Resettlement Policy Framework.

Checked and approved by:

PIU Environmental Officer Name: ______Signature:/Stamp ______Date______

PIU Social Officer: ______Signature/stamp: ______Date______

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Annex 4: Minutes of the Consultations meetings

County Lamu County Consultations Participants 15 Date 4th and 5th March 2019 Coordinator ESMF Expert

Consultations with the Chief Officer, PFO and CFO Fisheries Lamu County. Time: 12:00 Agenda: ESMF Consultation on the status of the fisheries in Lamu County, KEMFSED and Blue economy The Chief officer informed us on the following: Fisheries activities is done both at the marine and fresh water. In Lamu, they produce 3000 metric tons per year but untapped is around 40,000 metric tons. There are fishing activities at the coastal shores, creeks and oxbow lakes. They have 400 fish ponds challenged by inadequate finance. There are 40 BMUs hence 40 landing sites. However, only 14 BMUs are gazetted. Challenges experienced by the Fishers • There are no enough fish preservation facilities. Ice is sourced from far places. • No enough infrastructures at the landing sites such as electricity • BMU members have no alternative sources of income hence their economic capacity is low. • Illegal fishers- however the Fishermen from Pemba are accepted by Lamu fishermen compared to other counties such as Kilifi and Kwale. This is because they play a key role in boosting the economy of the fishermen in Lamu. • Underproduction- marine water as a resource is untapped. The farthest distance the fishermen can go fishing is 5 Nautical miles. The untapped resources extend up to 250 Nautical miles. Challenged by lack of high-power motored boats and fishing gear to go deep fishing as well as insecurity. • Absence of fishermen hence a challenge in coming up with new projects. • Middlemen exploit the local fishermen. • Fishermen are not the owners of the fishing boats and gears. Therefore, from the income they get, they must pay the owners, distributing their income hence left with too little to save. • The BMU are in the riparian land, some can’t be accessed by road, they have no title deeds, no geographical location of the landing sites, the basic requirements of a landing site not met such as office, toilets, boat repair area, cold storage facility among others.

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Main environmental challenges: • Climate change • Change of weather patterns- prolonged droughts and rains affecting the fresh water landing sites, floods causing soil erosion hence siltation on Ox bow lakes and rivers. • Algae bloom • Emerging developments • Oil-gas exploration-environmental issues expected • Destruction of mangroves • Invasive species witnessed at the oxbow lakes • Deforestation- cutting down of terrestrial trees and mangroves • Water pollution- all effluents from Lamu are discharged at the oceans. Has adverse effects on the safety of the divers, fishermen, aquatic flora and fauna, harms the corals, mangroves and bioaccumulation of toxic harmful contaminants that may pass up the food chain. Social issues: Cooperatives: There are 4 fisher cooperatives; 3 are dormant while one is quite active. The culture of saving among the fishermen is low. Age: The elderly is the most involved in fishing activities. Fewer youth engage in this activity since fishing is viewed for subsistence use and not as a business or a profession as source of income. Drugs: the use of drugs is a challenge that hinders the users from actively engaging in fishing. Fishing is part of the social- cultural practices of the communities in Lamu. Deputy County Commissioner office- Lamu County Time 15:40 Agenda: Courtesy call Deputy county commissioner informed us the following below issues Fishermen- lack fishing gears; they need to be empowered through enhancing their markets where they can sell directly, since the middlemen are exploiting them. He proposes a fish processing plant to be erected in Lamu.

Security; fishermen fear to go fishing due to Al-Shabaab terror group. They regularly do security patrols at the oceans and illegal fishermen have been arrested. The community to be involved in the design of the project to enhance security. Security issues mainly in Mararani and Milimani in Lamu East and Butho Junction in Lamu West.

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Conflict - arise mostly when some of the local fishermen support and deal with the immigrants while others do not support them. The immigrants are fishers from Pemba and other fishers not from the region example Kilifi. Grievance Redress Mechanism- BMUs, Fisheries department, relevant agencies –courts Curator Lamu National Museums of Kenya- Lamu County Venue: Lamu Fort Museums office Time: 16:10 Agenda: Introduction and KEMFSED and Consultation on Cultural archaeological historical sites The curator, Informed us of the following: The National Museums of Kenya conserves-built heritage and cultural heritage. Lamu is a world heritage site. There are a number of archaeological sites they conserve in fishing villages namely Kiunga, Ishakani, Mkoponi, Romwa, Mobore ,Kizingitini , Kipini, Mwana, Shaka, Ungwana, Manda island, Pate to mention a few. In this site, the people depended on the marine waters for their livelihoods. Other livelihood sources include harvesting of mangroves for poles and few farmers. Fresh Water resources: Lamu has never been abandoned because of the presence of fresh water, hence enjoyed continuous active socio-economic and cultural activities. Other Islands such as Pate and Manda have no fresh water boreholes. Mixed group meeting CBOs represented are Save Lamu, Lamu Youth alliance, KMF, BMUs Venue: Fisheries headquarter office Time: 9:00 am Agenda: Introduction of KEMFSED and Blue Economy and their contribution in developing ESMF safeguards and Consultation on key issues relevant to fisheries, their role in fishing and conservation. The following is a summary of the discussions; Activities Training and capacity building to the fishermen on sustainable fishing, create awareness on alternative sources of livelihoods, sensitization of fishers right, advocates environmental conservation, participate in clean-up activities - In Shella they depend on tourism activities, they market fish of their fishers to Mombasa at good price. Natural resources present Save Lamu conducted community mapping of natural and cultural resources. Flora- Mangroves, sea grass, coral reefs. Fauna-Prawns, crabs, lobsters, octopus, red snapper, white snapper, Tuna, sea cucumber, birds, turtles, dugons, star fish, dolphins, oysters, aquarium fish, sharks, blue marlins. They also mapped different types of sand.

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Challenges • Landing sites-They have been grabbed by private investors. Amu Island has no landing site. No landing site has title deed in Lamu. There are no cold storage facilities. • Insecurity- hinders their fishing activities. • High prices of fishing equipment • Fishers from the Pemba play a key role in increasing their fish production in Lamu. • Pollution of the ocean waters- all effluents in Lamu is discharged to the ocean. • Boat operators use their boats as floating petrol stations. They are operational on the ocean waters and oil spills to the ocean. • Big projects such as LAPSET and coal plantation- caused water and noise pollution deceasing production. The stakeholders emphasized that coal power production project t will affect the KEMFSED project. • Drought • Livelihood of fishers has been termed for the vulnerable and poor members of the community • Fishermen have not yet accepted that fishing is a source of income/livelihoods. • Infrastructure is poor-no cold storage facilities hence poor markets • There is no dumping site • Deforestation of mangroves • Sand harvesting What they require from the fish landing sites • Cold storage facilities • Ice plants • Sanitation facilities-toilets • Fish banda • Conference room Women role in fisheries They buy fish, cook and sell ‘mama karanga” Fish dealers- they supply fish to hotels and other counties to sell Have boat – they rent to fishermen- source of income They participate in clean ups and in policies formulation on fisheries Dry fishing program- they dry fish and transport to Mombasa to sell and earn income Conflict grievance redress mechanism Reconciliation BMU committee Fisheries officers

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<< ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) >> traditional conflict resolution Courts.

Main source of conflict: - community members inclusive of CBOs vs Mega projects Compensation: currently in the ongoing projects, they demand 1.7 billion however claim the compensation was broken down to fishing assets and each fisher given 50,000 each, of which they are disputing Measures they propose likelihood of displacement and compensation: consult first with the village on the need to acquire their land, the government to capture their views on the value of land-present land, the total value be considered- not only assets but historical cultural attachment value. Venue Kwale, Kilifi and Mombasa County Date 11th February – 25th February 2019 Coordinator All Experts List of participants: List of stakeholders attached at the annex Agenda: Introduction of KEMFSED and Blue Economy, importance of consultation in developing ESMF safeguards We had meetings with BMUs, National and County departments, CBOs and NGOs in Kwale, Mombasa and Kilifi Counties. (Participant list annexed in ESMF report). Beach management Units are responsible for managing the beaches and fish landing sites. Some of the BMU are registered while others are not. However, all the BMU consulted as per the date are all registered. Kwale County, we consulted and held Focused Group Discussions with 5 BMUs, namely, Muuje, Mwaembe, Vanga, Shimoni and Wasini. In Kilifi County we consulted the following BMUs; Watamu, Marereni, Kuruwitu. Finally, in Lamu County we consulted the chairman Shela BMU and the chairman of all the BMUs in Lamu County. Below are the detailed discussions by all the stakeholders during consultation meetings; Common challenges being faced by the BMUs Fishermen not of the Beach Management Unit area trespass their coastal shores waters to fish. The local fishermen of the BMU ends up catching less or no fish stock at all. Vanga BMU mentioned on Transboundary Conflicts, since there is no clear boundary between fishing waters between Kenya and Tanzania. The fishermen get arrested when they get near Tanzania border a source of conflict. In Wasini, most of the BMU members are not educated hence a challenge in leadership. It was noted some of the BMU have not kept proper registration of their members, while others registration process was on going. However, In Kilifi, it was notable that BMUs such as Marereni BMU, had well-kept records of their members and work plan for this year 2019,

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<< ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) >> however they did not benefit from KCDP project, but with their strong structured leadership and management as a unit, it is a potential BMU for consideration in KEMFSED project.

In Vanga, the chairperson mentioned that registration of members to the BMU is not out of will but being forced. Youths are not engaging in fishing- reason being lack of awareness. Children around five (5) years are engaging in fishing activities but there are measures by the chiefs and village chairman to stop them from fishing. All the BMU visited, mentioned lack of enough fishing equipment. In Vanga, the equipment (cold storage tanks) are more than 20 years old and not functioning. BMUS such as Watamu have no cold storage tanks hence member’s preserves at individual level. There is no rescue boats and life jackets for fishermen nor high power motor boats to go deep fishing. Health and safety: The BMUs have no trained life guards to train the fishermen. Fishermen are prone to accidents and there are no rescue boats in most BMUs. Some fish landing sites lack toilets causing risk to health safety. More so, lack Personal Protective Equipment when handling fish (preparing fish for cold storage) at the banda. They also don’t have lighting devices especially for fishermen fish at night. Most households in Shimoni don’t have toilets hence release themselves in forests and at the beach. Lack of skills: The handlers of the equipment are not skilled as well as fishermen are not skilled to go deep fishing with their low capacity boats hence prone to accidents since boat capsize during high tides. They also lack life skills is a risk to their safety in the ocean. Land grabbing: most of the fish landing sites have been grabbed. Example is Kuruwitu in Kilifi south. The office is actually built on a road reserve. The beach has been grabbed by private investors and hence no fish banda with any cold storage tanks for preservation. They actually preserve fish at individual level. The beach has been wall fenced by the land grabbers affecting the tides. More so, the grabbers have contravened EMCA and KWS law on the 60 meters and 30 meters distance respectively. Unsustainable and Illegal fishing: some fishermen use poison commonly referred to as “Mkange/mchupa” that kills the fish affecting the coral reefs. Use of illegal fishing equipment as well as harvest of the corals through aquarium fishing; targeting certain species that affects the biodiversity as well as tourism opportunity. Lack of capital: BMU members have no resources to purchase their boats and other equipment. Insecurity: In Vanga BMU, they had fish breeding projects but never succeeded due to insecurity. Mangroves are currently the only fish and other aquatic species breeding sites. However, mentioned with security it will succeed. There is scarcity of safe fresh water, therefore need respective Water Sewerage Company to supply the BMU community with fresh water. However, the water and sewerage companies require financing due to their old small depilated infrastructure such as pipes. In Shimoni there is no enough fresh water.

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hAccess to information; it was noted, a BMU felt a gap on information hence need access to information on areas to invest on blue economy KEMFSED project. This is because the members said private investors have started to build fish processing plant at Shimoni. Environmental challenges Destruction of coral reefs: Fishermen in the BMU have canoe boats which have no motor power to go deep sea fishing. They result in fishing at the shallow ocean waters destroying the coral reefs. Solid waste management is a challenge in all the BMUs interviewed during the Focused Group discussions. Most of the wastes are plastics. It was noted by the fishermen that the traces of plastics were found in fish stomach contents. The chairman of the group named WEMA in Watamu that deals with eco-tourism activities mentioned that in some instances, they found dolphins and turtles dead, a factor contributed by consumption of plastics. In Kuruwitu BMU, they actively engage in clean-up activities of their beach, but they have no place to dump the waste. The waste water find its way back to the beach demoralizing their effort. They mention lack of Personal Protective Equipment and transportation a challenge. They have no help from the county waste department. However, the plastic waste is disposed to recycling company in the region. They mentioned, that Coast region has very few recycling companies. Encroachment of mangroves: mangroves at the beach have been destroyed to pave more land by private investors. In Marereni, destruction of mangrove for fuel and timber is rampant and a member of the BMU said that cases have been reported to the administrators and police, but no action taken. Pollution of the ocean waters: Water from the swimming pools are drained to the ocean polluting the waters and killing the aquatic life. Kuruwitu BMU mentioned that oil mining by Taifa gas is in the process of drilling, a risk of oil spills over to the ocean. More so, desalinization of water by the salt mining companies affects the aquatic species once water is released back to the ocean. Climate change and weather patterns: Kwale county Livestock production officer said that during dry seasons animals move along the beaches (shore line) in search for food. Members of Vanga BMU said that during heavy rains, river Umba floods causing erosion at the beach. More so, waters drain in the ocean causing siltation, consequently leading to death of the aquatic life species. The sand covers the budding mangroves hindering the growth. More so, due to siltation, there is overproduction of mangroves. Tsunami effects were felt on the coastal shores, rise of sea level causes siltation during high tides blocking entrances to the Shimoni slave cave. In Watamu climate change has affected the farm yields and production more so, coconut fruit trees in over 200 farms have dried up farmers propose a new variety of coconut and cashew nuts CONSERVANCY GROUPS AND ACTIVITIES BY THE COMMUNITY MEMBERS AND BMU

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Beach Management Units play a key role in conserving the coastal ecological sensitive areas and the environment as a whole. This is through clean-up of the beaches while other BMU have conservancy groups such as Msambweni Turtle and Marine Conservation Group and Kuruwitu conservation group. Other groups are namely Mida Creek Dabaso Conservation Group, Prawns Lake Conservation group and Watamu Excursion Marine Association (WEMA). They conserve turtles, Mangroves, coral reefs. Kuruwitu conservancy engages in creating awareness on sustainable fishing. Organizations that practice conservation and protection of environment and natural resources in Vanga include; Jitihada environmental group-Awareness creation and education on solid waste management, Mwabiweje women group, Mwagugu and Vajiki CFA. A Shimoni BMU coastal shore has mangroves and coral reefs. The BMU has conservation groups namely Lwanga and Changai. They had a CCA- to conserve protected areas not allowed to fish but dissolved but plan to re-register. They have a proposal for a joint conservation area with the representatives of all BMU in Kwale County.

Elders in the Kaya forests conserves the natural resources such as Trees which are not cut nor grazing allowed. The kaya are home to a variety of natural resources (variety of tree species, birds, wild animals (monkeys, dick dick, snakes, monkeys) and marine animals (tortoise). Shimoni slave caves Community Based organization was founded in 2001 but given a certificate in 2007. Shimoni slave caves has a variety of natural resources mostly indigenous trees found in these historical sites. The trees are of medicinal value, as well as source of food to the wild animals at human populations. Animal species conserved include Bamboons, snakes, Bats, Monkeys, chameleons, insects and a rare type called elephant shrew. Shimoni slave cave members conserve the trees by planting them and get carbon credits as an incentive. Safe Shimoni Youth groups; Composed of youths (13 Members). They create awareness on social issues such as early pregnancy, HIV/AIDS, early marriages and Hygiene. More so, they have tents and utensils and hire for functions, and, participate in coastal clean ups activities. For successful implementation of KEMFSED, they recommend consultation with all groups in the community in all stages of the community. PROPOSED INTERVENTIONS AND SOLUTIONS TO CHALLENGES BY THE BMU AND OTHER COMMUNITY CONSERVANCY GROUP Measure in the likelihood access to the beach or ocean water which is their main source of livelihood occurs ;They adapt to and adopt alternative livelihoods like farming of fruit tree crops such as mango, coconut to mention a few ; Adapt and adopt aquaculture much preferable and easily adopted to community members who livelihood purely on fishing . Prawns Lake Conservancy group have abandoned ponds, a project in collaboration with KEMFRI; whose purpose was for Mariculture (breeding of prawns). They are in great need

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<< ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) >> of an expert to revive the project and for capacity building. They also need infrastructure development such as electricity, water and expand their restaurant Construction and rehabilitation of Fish landing sites - the chairman Wasini said they have no fish landing site, no storage facilities, and need mortal boats. All BMUs require modern boats with higher motor power to enable them to go deep fishing. Also, a modern fish banda, fully equipped with cold storage facilities and freezers. Training, knowledge education on areas they can invest and on fisheries laws, on the importance of PPE and on how to use them. More so be trained on safety measures, fishing skills and how handle and use fishing equipment. They proposed a fish training center to equip the fishermen with diverse knowledge and skills. During consultation meetings, members said they are not able to raise funds to fund their projects due to their low-income status, therefore propose funding by the Government to support their activities such as environmental cleanliness, security, and general management of their fish landing site. Farmers’ representative in Watamu mixed group meeting said there are no markets for coconut since the buyers of the coconuts are declining who majority were from Tanzania hence need for local and international market expansion. More so, mentioned they be involved in aquaculture and Mariculture hence Government to invest project on sea weed farming. Improved fish markets; in Vanga BMU, a member mentioned that about 70 percent of fish market is from Vanga, while about 30 percent to traders outside Vanga. Value addition technologies such as fish processing factories will play a key role in improving their markets. During consultation in Watamu, they mentioned on alternative industries other than tourism more so to curb the low season e.g. soft drinks. Untapped resources can be investigated to come up with the right industry. Watamu region depend mostly on international tourism hence the government to promote domestic tourism though advertisement by the media on eco-hotels, canoe boating to generate income to the local communities. Need for consultation at all stages, from inception, design, implementation and decommissioning stage of these projects. CULTURAL, RELIGIOUS AND HISTORICAL HERITAGE SITES Muunje and Mwaembe BMU members mentioned on Caves at Magwagwa, mwachiroda and kijiwe mtu some being used as shrines. Kaya forests are deemed as sacred site and in Kwale such as Kaya Kinodo, Gasi, and Kisite to mention a few. They are used as a shrine whereby prayers are made against diseases, rain, conflicts, drought, and peace; used as a place for education and knowledge awareness and have grave sites- elders buried in the kaya forests .Shimoni slave caves; began in 2001 whose inception was to find alternative sources of livelihoods. Historically, the caves were used as hiding places and shrines where sacrifices

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<< ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) >> were offered to bring solutions to issues such as diseases. An official of the slave caves committee and member of the community at Shimoni mentioned that the caves were initially used as dumping sites. The caves were later on cleaned r and registered as a community- based organization in the year 2001 for eco-tourism hence a source of livelihood.

Kuruwitu has slave caves at a place called “Kinuni” however the sites are found in private lands. In Wasini, they have mosques, graveyards, baobab and historical buildings Watamu- They have sites potential for cultural heritage and sacred, but some are located in private lands. They are namely, Gedi ruins, Kirepwe Island among other sacred groves. Watha community VMG- were hunters and gatherers who depended on forests as source of their livelihoods. The ban of forests has really affected their socio-economic status. Through the interventions by KCDP, the minority group has a Watha cultural center at Mackinnon Kinango sub-county. Mudugani Shrines at Kilibasi Centre village, has caves with water and trees conserved the shrine was reopened in 2017 after Watha cultural center was built. KEY INFORMANTS 1. Forester Kwale County KFS; Mr. Juma Nahupa Dalu Forest activities they undertake are Farm forestry- planting purely trees on farms for fruits/commercial purposes, Agroforestry-planting of trees and crops on the same piece of land and Charcoal production- done by Charcoal Producer Associations (CPA) and Charcoal Producer Group but in a sustainable way (one of the condition is that they should have tree nurseries) Sacred Sites – Kaya forests such as Kaya Kinodo, Gasi Kaya forest, Kisitemkuguti Kaya forest at Shimoni along the coast, Chale kaya among others. According to the forester, the county government is mandated to take the responsibility of managing all ungazetted forests. 2. National museums of Kenya Coastal Forest Conservation Unit-Kilifi County Officer in charge of National Museums of Kenya (NMK) coastal forest conservation unit, Mr. Lawrence Chiru mentions that Kaya are Mijikenda sacred forest are found only in Kilifi and Kwale counties. Kilifi has 16 sites while Kwale has 40 sites. Some Kayas are Gazzetted while others are not. In Kilifi, 14 are gazetted while 2 not gazetted. Kayas are gazette as National Monuments under the National museum of Kenya while others as National reserves under Kenya Forest Service. In 2008, 9 kayas were listed under UNESCO as world heritage site. 3. CEC Environment, Waste Management and Energy Mombasa They have 3 functions; address issues of environmental compliance, waste management and energy. Major environmental challenges: Marine Pollution- in Mombasa over 80 percentage is not covered by sewerage system. Treatment system not effective. Entry points of solid waste management into the ocean are Mama Ngina water front, River Tanga and Vascoda gama.

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Other challenges are oil spills-around Kibarani area, dusts from Bamburi Cement, noise from entertainment and vehicular sources, lead poisoning, open air burning. Implication of KEMFSED project on the environment: waste will be generated if not addressed, clearance will take place affecting the ecosystem, and Makupa BMU leave at the beach fore front hence population will be affected. Other challenges: conflicting roles with other departments. Collaborations: they work with NEMA on EIA and Noise regulations since the county department of the environment lacks gazetted inspectors and the equipment for measuring noise. Proposals to manage waste in Mombasa: change the attitude of the people through awareness creation and education. Waste reductions, material recovery and waste diversion (come up with a material recovery centre), composting- 65% of waste is organic, converting the waste to gas e.g from coconut waste. Likely benefits of KEMFSED projects: economic – more fishing more income to the fishermen, more fish hence nutritional aspect of fish, empower fishermen to go deep fishing, source of employments. 4. Assistant County Commissioner Kwale Low rate of deforestation in Matuga Sub-county. However, in Lunga Lunga and Kinango sub counties, there are cases of deforestation. Mostly due to drought weather patterns, also, caused due to deforestation. He said Compensation makes the projects expensive. He mentioned on Entry points to reach the communities such as Beach Management Unit with some registered others are not registered- fisheries department takes time to register them a challenge to the BMUs.

Functions of the BMU: They plant mangrove tree and e there is a good representation of gender both men and women Environmental conservation institutions in Kwale: Kenya Water Towers Authority, Kwale County Government - afforestation programs, Kwale International sugar company-have a tree nursery and Base Titanium Social issues: Prostitution high by young men and women along the coastal shores and Inter- relationships between families. Gender Based Violence caused mainly Rape cases, wife battery and Family neglect Vulnerable and Marginalized groups (VMGs) mainly in Kwale, mentally and physically challenged due to in-breeding/inter-relationships Terrorism: Ndiani/Ukundani area 5. Kwale county Fisheries Officer

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There are landing sites in Kwale. The following have been grabbed; “Nyali Kikandini’’ site and “Tsunza’’ site. Fish landing sites have been gazetted by the ministry of fisheries but managed by the Beach Management Units. Challenges: Fishermen have wooden boats hence lack fish preservation technologies; fiber boats is an opportunity hence training to handle the fiber boats. Plastic waste- evident in fish stomach contents, however, the ban of use of plastic paper has led to a great reduction of land degradation by the plastic waste. There are no waste recycling plants in Kwale County hence can be developed as a measure. Opportunities/ areas of intervention in the fish landing site projects are electricity, water, roads, cold storage facilities, and marketing facilities (handling equipment / parking shades). Other opportunities include coming up with fish training center to train fishermen. Fish technical courses to be taught in vocational institutes. Deep fishing to be encouraged hence fishermen to be trained. Value addition industries to be promoted, invest in marketing industries and port fishing facilities-there are no port fishing facilities in Kwale, but one is being developed in Shimoni. He mentioned in Mombasa; the private port fishing facilities are private owned. Sea weed farming – it is being developed and has a number of uses such as pharmaceutical, soaps, perfumes. Farmers collect the seeds from ocean and farming under a controlled environment. Aquaculture- yet to be developed by the county but currently being done by private investors. Positive impacts of proposed KEMFSED Project; Employment, Economic growth in the region and entire county. Likely negative impacts of proposed KEMFSED Project: Culture Shift, Natural resources likely to be affected- soil, vegetation hence as a measure EIA to be done. Other economies activities along the coastal shores are; Tourism and eco-tourism, Sport fishing, hotels and small-scale traders-beauty products. Measure on likelihood of Restrict access/use of the water resources/ livelihood if the KEMFSED projects facilities project will be big, is to have alternative access to access the resource hence not cutting off their livelihoods. Natural resources of importance: Mangroves- play a key role as breeding sites. Measures are put to manage and protect the mangroves by institutions such as KEMFRI who have restoration plans. Fisheries role is to ensure those who contravene the law get a legal action. 6. Charles Odindo Senior Fisheries Officer-Kenya Fisheries Service The fisheries officer said that BMU- are legal entities of managing fish, they also form CCA to conserve the coral reefs. Protected aquatic species: sea turtle, sea mammals while other protected areas are coral reefs and mangroves

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Landing sites in Kwale: Many are privately owned however landing sites with no allotment areas and grabbed has proven difficult to claim back. Interventions: there is Need to develop fish markets. Land Displacement: Director Fisheries, Shimoni said if the project is big, instead of displacing we can utilize the open air (vertical) as alternative to displacement/ resettlement. Challenges: Unsustainable utilization of resources, overfishing, illegal fishing methods. 90 percent of the fishermen concentrate on the shallow roofs hence overfished. There is lack of proper good fisheries resources-equipment. 7. Kwale Agri-business Officer Farming activities in Kwale County; Crop production-horticultural, tree crops, cereals, rains, roots, tubers, sugarcane, Livestock production and Fish production. Average land size: 1.5 acres in Kwale County. Soil types: Sandy loam and clay loam (few cases), Precipitation: short rains OND and long rains MAM, Climate: hot-humid. Aquaculture: being developed. Most fishing is done at the ocean waters Environmental issues: farming at the catchment areas affecting water pans and rivers. New farming activities where chemicals are washed into the water resources. Mwache in Kinango there is encroachment of river beds due to dry conditions. Natural resources: Rivers in Kwale, Rhamisi, Umba and Neyeni. Collaborations- between ministry of agriculture, fisheries and livestock with Ministry of Environment and Natural resources creating awareness on conservation and sustainable management of the environment. Agriculture department play a role in identifying farmers who participate in planting trees. Social: gender and culture- women are mainly involved in cultivation of farms and production. 8. Kwale County livestock production officer Types of livestock activities; Poultry, Shoat and Cattle Climate change effects; during dry seasons animals move along the beaches (shore line). Livestock are kept 3 to 5 kms away from the beaches. Land issue : due to livestock keeping 3 to 5 kms away from the beaches, in case the project require acquiring of large portion of lands, the communities whose livelihoods depend on livestock will be affected through displacement. Compensation will be as per the value of the livestock assets. Environmental degradation caused by livestock keeping: Overgrazing- the land is small hence carrying capacity is more, a measure to curb is to sell cattle however it will be difficult. Shoats- causes serious soil erosion since they graze a lot more so in dry seasons leaving the land bare, mostly in Kinango Sub-county.The above mentioned causes climate change which consequently affects their production.

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Conflict when displaced and in compensation: minimal for individual owned land during compensation but likely to occur in communal owned land/facility. Sources of water for livestock; rivers, wells, ponds, water pans- dug by National Drought Management Authority which collects water during the rainy seasons. VMGs – people living in Wasini, wafuzi island etc are considered marginalized due to lack of good infrastructure. They also have a cultural attachment to the ocean waters resources. 9. Chief Officer Environment, Natural Resources, forestry and Solid waste management Kilifi county The department role is to manage solid waste management in urban towns and rural villages, to plant trees to increase the 10 per cent tree cover, mangrove restoration, terrestrial forestry such as urban forestry and planting of trees in schools and other institutions and town beautification, control of air, noise and water pollution and handles human wildlife conflict. The mining activities from the natural resources in the county include mining of coral stones, mangroves, iron ore and salt. However, miners in their assessment and audit reports are required to have an EMP more so to restoration of the quarries. The department role also includes enforcement of air pollution; dust from the quarries and noise pollution. Collaborations: The department collaborate with fisheries department on fishing gears to ensure sustainable fishing. They collaborate also with agricultural department on conservation farming to end slush and burn farming. Challenges: they have no recycling plant, separation of garbage from the household and other sources. They only have three dumping sites namely Malindi, Mtondia and Mariakani. When it rains, the roads to Mariakani dumping site are impassable. Areas of designs suggested by CO: There is only 1 recycling plant in Watamu owned by a private investor. Hence Government to come up with a recycling plant. Currently there are interested investors to convert waste to energy and plans are underway. Invest in deep sea fishing, carbon trade, sea transport alternative to road transport from one county to another within the coast, clean energy, port facilities, sustainable mining. 10. Mixed group meeting held at Youth and Empowerment Centre Msambweni. Groups represented: farmers representatives, chairman BMU Mwandamu, community development officer, youth representative county level, youth group Alliance, business man, mama karanga, vinono vyetu group, united disability action center, youth enterprise fund, lead farmer-Kinodo. Farmers’ representatives (Kinodo, Msambweni) - educate and crate awareness to farmers. They get seeds, fertilizers machineries and livestock on behalf of the farmers. Concerned on the fishing equipment too and collect data to give to the county department and fisheries. Challenges: crop diseases, unpredictable weather patterns/ delayed or excessive rains. Chairman BMU Mwandamu- the BMU has 15 members, 5 are women. They meet twice a month and do elections after 4 years. Activities they do are fishing, sea weed farming, and

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<< ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) >> tree nurseries for mangroves (7000) of three species. They are also deliberating on starting a coastal conservation association CCA. Youth group alliance- the group is registered. They have projects to plant Casuarina equisetifolia tree species, create awareness on drugs and participate in international coastal clean-up. Business men-buy fruits from the farm and sell to the towns. They buy fruits and fish from fishermen to sell to the community. Challenge; they have no freezers to preserve fish hence incur losses when the stock is not sold out. Mama Karanga-depend on fish from the fishermen to sell. Challenge: at times the fish stock lacks and forced to travel to far beaches/ landing sites to look for fish to buy. No group associations for women in fish trade “mama karanga” but some are in BMU. They participate in table banking savings. Gaps: not yet received training/education on how to access loans to expand their source of livelihood. Incur losses if the stock is not sold. No sexual harassment from the fishermen. Vinono vyetu group- registered in 2003. Gender inclusive men, women and youths. Activities- they do clean-up of the land and beaches; they create awareness on HIV/AIDS. However, the group is dormant due to leadership issues/division. They have constructed schools-nursery school, they have a camp site and tents to hire. Disability representative-united disability action center. – They champion for the rights people with disability and create awareness, ensures representation of the disabled in all departments and committee. Challenges: They suffer stigma and discrimination, disability is not yet devolved, no representatives at the county assembly. Propose: Disability mainstreaming department at the county. They also prefer projects to be disability group specific due to different levels of understanding. Officer ministry of public service, youth and gender- fund farmers, fishing industries-loans to buy boats but groups are small, give loans to women and youth groups, loans for entertainment and fund sea weed farming (3 groups in Msambweni). Challenges experienced by the Public service, youth and gender: to fund BMUs due to leadership and management style. The structure of the BMU need be effective comprising of women, men, youths and people with disability. The department trains the BMUs every month but some or most members fail to attend, since they claim allowances for them to participate. Another challenge, BMUs in Kwale have leaders who are elderly. For the BMUs to get funding to finance their activities, boats among others, they require their leaders to be below 35 years which is culture challenge to achieve (they prefer elders to lead). Sub county agriculture officer, Kwale County Government- they offer ploughing services to the farmers. They charge at 300 Kenya shillings. They partner with the farmers committee representatives to select the farmer whose land will be ploughed. They offer farm inputs such as seeds based on ecological zones. They have micro-irrigation project by people living with HIV/AIDS. They do extension services to the farmers, capacity building to the BMUs to

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<< ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) >> implement sea weed farming. Lastly but not least, they offer free treatment and artificial inseminations to the livestock. Collaborations: KCEP- on Natural resource management, how to conserve soils, water pans/dam and manage water. Meteorological department-to give forecast on weather patterns (expected rains and dry seasons). KFS- Doing agroforestry by giving out cashew nuts and coconut trees as a strategy to meet 10% tree cover. Companies include: KISCO, Kwale Coconut, Kenya Pitza, Base Titanium, and Plan international. Projects they need: improved and access to new market, cold storage facilities, youths to be recognized in environmental conservation, wells to be dug for farmers as a measure of curbing rain dependent farming, capacity building- education and training on advanced fishing skills and handling of the equipment, more so, the local indigenous fishing skills to help guide in the implementation of the project. 11. MD-KIMAWASCO- Kilifi County They supply water in five sub-counties namely Ganze, Kaloleni, Rabai, Kilifi North and Kilifi. Challenges: inadequate fresh water, they need 60,000 M3 but get the supply 23,000 M3 to the communities. The source of water they supply comes from Coast Water Service Board. Another challenge is poor infrastructure which are old and dilapidated such as pipes. Lastly, there is no developed sewerage system. Areas of intervention: Financing and renewal of water piping infrastructure, enhancement of water resources and development of a sewerage system (currently they are working with WB to install a decentralized sludge treatment facility) 12. Deputy Director Agriculture, Fisheries and livestock Mombasa. The department is divided into 5 sub-departments namely; Agriculture, Livestock, Veterinary, fisheries and cooperatives. The first four are categorized as technical and production while the later social. Geographical: Northern Mombasa are purely farmers while Southern Mombasa (Likoni towards Kwale) are purely fishermen but with a mixture of fishermen and farmers. Veterinary services include artificial insemination, vaccination, disease surveillance and management, monitoring of zoonotic diseases. Livestock department give certification on movement of pets / livestock from one county/country to another. Crop production; annual crops for direct consumption such as maize, cow peas, pigeon peas, green grams, cassava and potatoes. Other crops include tomatoes, okra, amaranthas, kales, african vegetables locally found such mwangani and manangu, and chilli among many. Industrial tree crops: coconut, oranges (few in Mombasa but more in Kwale), cashew nuts, bixa and mango (mostly in Kilifi/kwale). Challenges: Endemicpests and diseases due to warm temperatures. Climate change: unpredictable weather patterns affecting the entire departments hence making it hard to plan. The soils are sandy loam hence leach minerals quickly disrupting fertility leading to low

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<< ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) >> production and low yields. County extension services being delayed due to lack of facilitation. Environmental challenges: There is no significant pollution of the oceans through farming activities-chemicals. Deforestation cause lead soil erosion hence siltation of the ocean shores reducing volume of water. Likely negative impacts of KEMFSED project: there are populations living in along the coastal belts hence construction in the coastal belt Dongo Kundu, Jomvu to Likoni creek will affect access to source of livelihoods. Cases of displacement compensation is required. Likely positive impacts of KEMFSED project: markets for farmers and fishermen, fishermen will be empowered with good fishing gear, restoration and conservation of mangroves will increase reproduction of fish, crabs, lobsters and other aquatic species. Fishermen will benefit from trainings offered. Collaborations: Kenya Meteorological Department on focusing of weather patterns, Kenya Marine Authority-studies on fish, Kenya Forest service- planting of mangroves, NEMA- EIA approvals, Catholic relief services, coast guards provide safety of the fishermen when they go fishing. Proposed interventions; the deputy director proposed that insurance to be considered to insure fishing equipment and Improvement on value added products for crops and fish.

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Annex 5: Consultation Pictures

Figure 33: FGDs with Kidongo BMU, Mombasa County

Figure 34: Meeting with Al Hud-Hud Women Group at a Mosque Hall in Shanzu, Mombasa County

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Figure 35: Consultation with Bodo BMU, Washirazi , Kwale County

Figure 36: Community consultations at Kibuyuni, Kwale County

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Figure 37: Meeting with Wakifundi VMGs in Mkwiro Island, Kwale County

Figure 38: Consultations with Waata men, Dabaso in Kilifi County

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Figure 39: Meeting with Waata Women, Dabaso, Kilifi County

Figure 40: Consultation with Marrereeni BMU in Kilifi County

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Figure 41: Consultation with Waata men in Marereni, Kilifi County

Figure 42:Baraka Chembe, Kilifi County

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Figure 43: Consultations with Aweer Saanye women in Mukowe, Lamu County

Figure 44: Consultations with Aweer Saanye Meen in Mukowe, Lamu County

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Figure 45: Consultations with community in Ozi Village, Kipini, Tana Delta, Tana River County

Figure 46: Types of crops grown in Kipini, Tana Dealta, Tana River County

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Annex 6: List of Key Informants Interviews

Key Informants Interviews in Mombasa County S/No Name Designation Organization Tel No/Email 1. Mr. Titus Simiyu Regional Director NEMA 0733554908 2. Mr. Martin Shimba SCED NEMA 0722671007 3. Ms. Mary Amai County Environment NEMA 0726994243 Officer 4. Mr. Ezekiel M. County Environment NEMA 0726472156 Museri Officer 5. Mr. Simon K. Head of Conservancy, KFS skwahome@yahoo. Wahome Coast Region com

6. Dr Joshua Okello Asst. Conservancy, KFS 070087524 Belle Coast Region 7. Mr Erastus Sanga DDLFC Fisheries 0721562476 Mwatine 8. Dr Godffrey CECM, Environment, Mombasa 0732325974 Nyongesa Nato Waste Management and County Energy 9. Daniel M. Imunya Deputy Director Mombasa 0723672062 Agriculture, Fisheries County and livestock Mombasa. 10. Dr Geofrey Nato Mombasa 0732325974 County Key Informants Interviews in Kilifi County S/No Name Designation Organization Tel No/Email 1. Mr. Samuel County Director of NEMA 0720895507 Lopokoiyit Environment 2. Ms Agnes Wambua County Environment NEMA 0725141353 Officer 3. Hon Charles Dadu CECM, Kilifi County 0722424425 4. Dr James Nguzo Chief Officer, Lands Kilifi County 0725824648 5. Mr. Wilfred Baya Energy Officer Kilifi County 0713619022 6. Mr. Habel Mwarabu Incharge, KOSAP Kilifi County 0721781223 7. Mr. Lawrence National Museums of Kilifi County 0721316115 Chiru Kenya Key Informants Interviews in Kwale County S/No Name Designation Organization Tel No/ Email 1. Mr. Juma Nahupa Forester KFS 0725453303 Dalu 2. Mr. Kaluma Assistant County Kwale County Commissioner 3. Ronald Dure Fisheries Officer Kwale County 0717813060 4. Martin Kiogora County Director Fisheries Kwale County kiogoramk@gmail. com

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5. Charles Odindo Senior Fisheries Officer Kenya Fisheries Odindo78@yahoo. Service com 6. Joseph Juba Agriculture Kwale County 0717051727 7. Juma Risasi County Livestock Kwale County 0722551015 Production Officer 8. Mr Patrick Boit Investigation Assistant KWS, Kwale 0721677824 9. Mr Patrick Nganga National Museums of Kwale County 0728271185 Kenya, Shimoni Caves Key Informants Interviews in Lamu County S/No Name Designation Organization Tel No/Email 1. Simon M. Komu Co-Fisheries Lamu County Simonkomu2000@ gmail.com 2. Simon Matara Principal Fisheries Officer Lamu County 0727989512 3. Benson Kirathe Chief Fisheries Officer Lamu County 0723157464 4. Louis Ronoh Deputy County Lamu County 0724758431 Commissioner 5. Haji Mohammed Principal Curator Lamu County alihajimohamed@y Ali ahoo.com 6. Mr James Kamula County Director of Lamu County 0722942081 Environment

Beach Management Units Consulted S/No Name Organization 1. Shimoni BMU kwale County 2. Wasini BMU Chairman Kwale County 3. Vanga BMU Kwale County 4. Muunje BMU Kwale County 5. Mwaembe BMU Kwale County 6. Marereni BMU Kilifi County 7. Kuruwitu BMU Kilifi County 8. Shela BMU Lamu county 9. Chairman of all BMUs Lamu County

Community Based Organization and NGOs S/No Name Organization 1. Msambweni turtle and marine conservation Kwale County group 2. Shimoni slave cave CBO Kwale County 3. Dabaso Mida Creek Conservation group Kilifi County 4. Prawns Lake conservation group Kilifi County 5. Watamu Marine Excursions and Reef Tour Kilifi County Group 6. Kuruwitu Conservation Group Kilifi County 7. Marereni BMU Kilifi County

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8. Kuruwitu BMU Kilifi County 9. Save Lamu Lamu County 10. Lamu Youth Alliance Lamu County 11. Kenya Marine Forum Lamu County

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Annex 7: Chance Finds Procedures

1. Chance finds procedures are an integral part of the project ESMP and civil works contracts.

2. The following wording is proposed:

3. If the Contractor discovers archaeological sites, historical sites, remains and objects, including graveyards and/or individual graves during excavation or construction, the Contractor shall: - Stop the construction activities in the area of the chance find; - Delineate the discovered site or area; - Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be arranged until the responsible local authorities or the Ministry in charge of managing cultural heritage and related resources in the country (responsible ministry) take over; - Notify the supervisory Project Environmental Officer and Project Engineer who in turn will notify the responsible local authorities and the responsible ministry immediately (within 24 hours or less); 4. Responsible local authorities and the responsible ministry would then be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed by the archaeologists assigned by the government. The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage, namely the aesthetic, historic, scientific or research, social and economic values.

5. Decisions on how to handle the finding shall be taken by the responsible authorities and the responsible ministry. This could include changes in the layout (such as when finding irremovable remains of cultural or archeological importance) conservation, preservation, restoration and salvage.

6. Implementation for the authority decision concerning the management of the finding shall be communicated in writing by relevant local authorities.

7. Construction work may resume only after permission is given from the responsible local authorities or the responsible ministry concerning safeguard of the heritage.

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Annex 8: Procedures for Inclusion in the Technical Specifications of Contracts

I. General 1. The Contractor and his employees shall adhere to the mitigation measures set down and take all other measures required by the Engineer to prevent harm, and to minimize the impact of his operations on the environment. 2. The Contractor shall not be permitted to unnecessarily strip clear the right of way. The Contractor shall only clear the minimum width for construction and diversion roads should not be constructed alongside the existing road. 3. Remedial actions which cannot be effectively carried out during construction should be carried out on completion of each Section of the road (earthworks, pavement and drainage) and before issuance of the Taking over certificate: i. These sections should be landscaped, and any necessary remedial works should be undertaken without delay, including grassing and reforestation; ii. Water courses should be cleared of debris and drains, and culverts checked for clear flow paths; and iii. Borrow pits should be dressed as fish ponds, or drained and made safe, as agreed with the land owner. 4. The Contractor shall limit construction works to between 6 am and 7 pm if it is to be carried out in or near residential areas. 5. The Contractor shall avoid the use of heavy or noisy equipment in specified areas at night, or in sensitive areas such as near a hospital. 6. To prevent dust pollution during dry periods, the Contractor shall carry out regular watering of earth and gravel haul roads and shall cover material haulage trucks with tarpaulins to prevent spillage.

II. Transport

7. The Contractor shall use selected routes to the project site, as agreed with the Engineer, and appropriately sized vehicles suitable to the class of road and shall restrict loads to prevent damage to roads and bridges used for transportation purposes. The Contractor shall be held responsible for any damage caused to the roads and bridges due to the transportation of excessive loads and shall be required to repair such damage to the approval of the Engineer. The Contractor shall not use any vehicles, either on or off road with grossly excessive, exhaust or noise emissions. In any built-up areas, noise mufflers shall be installed and maintained in good condition on all motorized equipment under the control of the Contractor. 8. Adequate traffic control measures shall be maintained by the Contractor throughout the duration of the Contract and such measures shall be subject to prior approval of the Engineer.

III. Workforce

9. The Contractor should whenever possible locally recruit the majority of the workforce and shall provide appropriate training as necessary.

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10. The Contractor shall install and maintain a temporary septic tank system for any residential labour camp and without causing pollution of nearby watercourses. 11. The Contractor shall establish a method and system for storing and disposing of all solid wastes generated by the labour camp and/or base camp. 12. The Contractor shall not allow the use of fuel wood for cooking or heating in any labour camp or base camp and provide alternate facilities using other fuels. 13. The Contractor shall ensure that site offices, depots, asphalt plants and workshops are located in appropriate areas as approved by the Engineer and not within 500 meters of existing residential settlements and not within 1,000 meters for asphalt plants. 14. The Contractor shall ensure that site offices, depots and particularly storage areas for diesel fuel and bitumen and asphalt plants are not located within 500 meters of watercourses, and are operated so that no pollutants enter watercourses, either overland or through groundwater seepage, especially during periods of rain. This will require lubricants to be recycled and a ditch to be constructed around the area with an approved settling pond/oil trap at the outlet. 15. The contractor shall not use fuel wood as a means of heating during the processing or preparation of any materials forming part of the Works.

IV. Quarries and Borrow Pits

16. Operation of a new borrows area, on land, in a river, or in an existing area, shall be subject to prior approval of the Engineer, and the operation shall cease if so instructed by the Engineer. Borrow pits shall be prohibited where they might interfere with the natural or designed drainage patterns. River locations shall be prohibited if they might undermine or damage the river banks, or carry too much fine material downstream. 17. The Contractor shall ensure that all borrow pits used are left in a trim and tidy condition with stable side slopes and are drained ensuring that no stagnant water bodies are created which could breed mosquitoes. 18. Rock or gravel taken from a river shall be far enough removed to limit the depth of material removed to one-tenth of the width of the river at any one location, and not to disrupt the river flow, or damage or undermine the river banks. 19. The location of crushing plants shall be subject to the approval of the Engineer, and not be close to environmentally sensitive areas or to existing residential settlements and shall be operated with approved fitted dust control devices.

V. Earthworks

20. Earthworks shall be properly controlled, especially during the rainy season. 21. The Contractor shall maintain stable cut and fill slopes at all times and cause the least possible disturbance to areas outside the prescribed limits of the work. 22. The Contractor shall complete cut and fill operations to final cross-sections at any one location as soon as possible and preferably in one continuous operation to avoid partially completed earthworks, especially during the rainy season. 23. In order to protect any cut or fill slopes from erosion, in accordance with the drawings, cut off drains and toe-drains shall be provided at the top and bottom of slopes and be planted with grass or other plant cover. Cut off drains should be provided above high cuts to minimize water runoff and slope erosion

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24. Any excavated cut or unsuitable material shall be disposed of in designated tipping areas as agreed to by the Engineer. 25. Tips should not be located where they can cause future slides, interfere with agricultural land or any other properties, or cause soil from the dump to be washed into any watercourse. Drains may need to be dug within and around the tips, as directed by the Engineer.

VI. Historical and Archaeological Sites

26. If the Contractor discovers archaeological sites, historical sites, remains and objects, including graveyards and/or individual graves during excavation or construction, the Contractor shall: i. Stop the construction activities in the area of the chance find. ii. Delineate the discovered site or area. iii. Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be present until the responsible local authorities and the Ministry of Sports, Culture and the Arts take over. iv. Notify the supervisory Engineer who in turn will notify the responsible local authorities and the Ministry of Sports, Culture and the Arts immediately (less than 24 hours). v. Contact the responsible local authorities and the Ministry of Sports, Culture and the Arts who would be in charge of protecting and preserving the site before deciding on the proper procedures to be carried out. This would require a preliminary evaluation of the findings to be performed by the archaeologists of the relevant Ministry of Sports, Culture and the Arts (within 72 hours). The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage, including the aesthetic, historic, scientific or research, social and economic values. vi. Ensure that decisions on how to handle the finding be taken by the responsible authorities and the Ministry of Sports, Culture and the Arts. This could include changes in the layout (such as when the finding is an irremovable remain of cultural or archaeological importance) conservation, preservation, restoration and salvage. vii. Implementation for the authority decision concerning the management of the finding shall be communicated in writing by the Ministry of Sports, Culture and the Arts; and viii. Construction work will resume only after authorization is given by the responsible local authorities and the Ministry of Sports, Culture and the Arts concerning the safeguard of the heritage.

VII. Disposal of Construction and Vehicle Waste

27. Debris generated due to the dismantling of the existing structures shall be suitably reused, to the extent feasible, in the proposed construction (e.g. as fill materials for embankments). The disposal of remaining debris shall be carried out only at sites identified and approved by the project engineer. The contractor should ensure that these sites: (i) are not located within designated forest areas; (ii) do not impact natural

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drainage courses; and (iii) do not impact endangered/rare flora. Under no circumstances shall the contractor dispose of any material in environmentally sensitive areas. 28. In the event any debris or silt from the sites is deposited on adjacent land, the Contractor shall immediately remove such, debris or silt and restore the affected area to its original state to the satisfaction of the Supervisor/Engineer. 29. Bentonite slurry or similar debris generated from pile driving or other construction activities shall be disposed of to avoid overflow into the surface water bodies or form mud puddles in the area. 30. All arrangements for transportation during construction including provision, maintenance, dismantling and clearing debris, where necessary, will be considered incidental to the work and should be planned and implemented by the contractor as approved and directed by the Engineer. 31. Vehicle/machinery and equipment operations, maintenance and refuelling shall be carried out to avoid spillage of fuels and lubricants and ground contamination. An oil interceptor will be provided for wash down and refuelling areas. Fuel storage shall be located in proper bounded areas. 32. All spills and collected petroleum products shall be disposed of in accordance with standard environmental procedures/guidelines. Fuel storage and refilling areas shall be located at least 300m from all cross-drainage structures and important water bodies or as directed by the Engineer.

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Annex 9: Forest Nature-based Projects

1. Kipepeo Butterfly Project Arabuko-Sokoke Forest, covering an area of 42,000 ha on Kenya's north coast, is internationally recognized as a biologically important area providing essential habitat for numerous endemics, endangered and threatened animal and plant species. This forest is the last remaining section of coastal forest that once extended from southern Somalia to northern Mozambique. Approximately 110 000 people live in the forest. Due to population, there is increased pressure on the forest for resources such as wood fuel and building materials. Some communities have opted to develop projects to benefit them and conserve the environment for example the Kipepeo project. Kipepeo (Swahili for butterfly) markets butterfly and moth pupae and other live insects as well as honey and silk cloth produced by the community. The live insects hatch from pupa then they are exported to European countries such as England and globally where they are displayed in insect parks. Kipepeo coordinates production of the insects and goods, where, how and who they are sold to and they, ensure through training and monitoring the buyers, that the insects are bred and raised on a farm in a sustainable manner. Purchasing any Kipepeo products contributes directly to the conservation of their critical natural heritage for future generations. The Kipepeo Project, administrated by the East African Natural History Society in partnership with the National Museums of Kenya, was set up in 1993. The objectives of the project are to: i. Link conservation and development of the natural environment through sustainable utilization of butterfly biodiversity in the forest for the benefit of surrounding rural communities. ii. Encourage forest conservation by enabling local people to benefit from the forest's biodiversity. iii. help to demonstrate that the forests in their natural state can provide new and unexpected income sources and that it can have greater value than as land cleared for agriculture; iv. help diversify coastal tourism by establishing a novel ecotourism attraction through the development of an exhibit of live butterflies and other invertebrates; v. support conservation education activities relating to the Arabuko-Sokoke Forest; vi. Provide employment for the locals and earn export revenues for Kenya.

The project initially involved 152 households in four communities on the eastern margin of the forest. By early 2001 there were 546 farmers involved in the project, representing 15 of the 18 communities in and around the forest, and plans had begun to involve the remaining three communities. To determine the effect of capture on butterfly species abundance and diversity, wild butterfly populations in Arabuko-Sokoke Forest were monitored before the start of the project and after four years of collection. The results revealed no significant change in abundance of either collected or uncollected species, suggesting that butterfly capture was having no profound impact on wild populations. There are various benefits that arose from the Kipepeo project such as; i. Creating awareness and advocacy of forestry and insects at large ii. Promoted tourism in Coastal region iii. Led to increase in forest protection and conservation especially by the local people

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<< ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) >> iv. Supporting the livelihood of the local people through the various products that they sell thus creating employment opportunities v. Supporting forest conservation education activities vi. Earning revenues through exports of butterfly pupae to Europe and the United States whereby after hatching into beautiful adult butterflies they are sometimes released during weddings instead of throwing rice vii. Utilizing butterfly biodiversity in the Arabuko-Sokoke forest for the benefit of the local people

Challenges Problems encountered by the project include vulnerability of butterfly populations to unfavorable weather, diseases and parasites, delays in transport, changing markets, increased competition and overproduction. The Arabuko-Sokoke forest also faces threat of illegal logging which was biggest challenge facing the project since it was the natural habitat of the butterflies. Achievements However, the overall effects of the project on both the forest and rural communities have been positive; i. Earnings from the export of butterfly pupae and ecotourism have steadily increased with each year of operation, resulting in considerable increases in local incomes. ii. A positive effect on local attitudes towards the forest was also observed as illustrated by attitudinal surveys taken before and after the start of the project. iii. The proportion of people wanting the forest cleared for settlement or agricultural land dropped by almost 75 percent within four years, indicating an increased awareness of the value of forests. iv. Has promoted gender equality by empowering women into the project by giving them employment.

The market for butterflies is seasonal; therefore, the Kipepeo project aims to find other ways such as bee keeping, which is currently undergoing, for the local communities to benefit from the forest. 2. Wasini Women’s Boardwalk Project The Wasini mangrove and Coral Garden conservation project was set up and funded by the Biodiversity Conservation Program, a joint venture between the Kenyan government and the European Commission, as part of an income generating eco-tourism project to help preserve the giant coral rocks on the island and the mangrove forest while providing a livelihood for the villagers. For years, the fossil coral gardens had been a tourist attraction with local and foreign visitors intrigued by the mere presence of the giant rocks. However, there was no organized guide for visitors to the site, or pathways to get around the gardens. The Kenya Wildlife Service (KWS) came up with the idea of constructing a boardwalk around the site and it was finally constructed by KWS staff and villagers, with technical help from an experienced construction engineer and financial support from the governments of the Netherlands and Germany. The 1.5 km long boardwalk on the island extends from the village center into the mangrove forest and coral gardens, meandering round the giant coral rocks, with rest sites where visitors can stop for a quick snack or cold beer as they take in the sights and

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sounds of the island. The 70-member Wasini Women Group is directly responsible for its operation and management, collecting visitors’ fees, and providing guiding services. The proceeds are allocated to several village welfare projects. The project has become a self- sustaining success story which has served not only to protect the coral formations, but to save the mangrove forests which skirt the island and to bring many benefits to the islanders themselves. Unusually, their care has been entrusted to the local women's group who help manage the extensive above ground coral gardens while generating revenue from gate collections and the sale of gift product. The World Conservation Union helped organize various training courses for the women in book keeping and group dynamics, management skills, customer care, visitor handling, and basic natural history of mangroves to help them run the project with professional skills. Non-residents pay about US$1.25 while residents are charge US$0.75. The revenue generated is used to: i. Maintain the boardwalk, with any remainder going towards community development activities that are identified and prioritized by the group ii. Some funds also go towards the cost of drugs for the local health clinic iii. Paying the local kindergarten teacher her salary and offering partial bursaries to bright but needy students from the village seeking a high school education iv. Encourage the local community to support the marine protected area. v. Create access to the seven km long and two km wide-island is by using small boats located at the Shimoni jetty on the mainland. This provides a useful employment for the men and boys from the village who operate boats and dhows to ferry visitors across the channel and provide tours to the Kisite and Mpunguti Marine Park just behind Wasini Island, to the dolphin rich waters and recommend great sites for scuba diving and snorkeling. vi. A ticketing and tour guide official at the gardens has established eco-tourism venture that has greatly helped not only to generate income for the local women, but to preserve and conserve the sensitive mangrove eco system and coral reefs within the grounds. The thick mangrove forest that borders the sea shore has provided vital protection for the Wasini village, that consists of about 3,600 residents, from the strong ocean winds and tidal waves that could destroy their homes. vii. Local people have also learnt about the importance of not destroying the coral rocks, which forms the basis of the tourist revenue. Not all ecotourism lives up to that name, but in this case the future remains bright for the women of Wasini Island and their families, and for the beautiful coral rocks on which they depend to please and amaze visitors landing on their shores. viii. Increased biodiversity protection of the mangrove forest and reefs around Wasini Island and effective demonstration to the local communities of the nonextractive uses of marine ecosystems. ix. Supports the children of Shimoni, Wasini and Mkwiro primary schools by paying salary to primary teachers and fess of three secondary students x. It has helped to organize various training courses for women in book keeping and group dynamics, management skills, customer cares, visitor handling and basic natural history of Mangrove forest

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The major challenge faced by this project is the destruction of mangrove trees by the local uniformed people who threaten the biodiversity of the mangrove and coral reefs but as time goes by the number of those destroying the biodiversity is slowly reducing and soon enough there shall be no one cutting any trees. 3. Mida Creek Conservation Community Mida Creek is a tidal inlet of about 32 square kilometres in size. Its opening into the Indian Ocean is about half a kilometre wide. The creek consists of a deep channel surrounded by large sand-flats, which are flooded at high tide. Seven of the nine species of mangroves are found here, and it is described as the most productive mangrove forest in the world. Mida Creek is of great ecological importance and described as one of the high priority areas in the whole of Africa needing protection. Apart from the importance it plays in the lives of coastal – and forest birds, it also is the breeding ground for crabs, shrimps, fish, corals, mollusc, the Hawksbill- and Green Turtle. The Creek is since 1968 part of the Watamu National Marine Park. Mida Ecocamp wants to set the balance between conservation and the well-being of the locals in the direct affected areas. Mida Ecocamp is giving people work, a market for their goods, education and the understanding that tourists arrive to stay within their beautiful surroundings. The Mida Creek Conservation Community is a local community umbrella group consisting of 11 sub-groups, all of whom are engaged in conservation and community work. The main activities are based on the eastern side of Mida Creek near Dabaso. Eco-tourism activities include visiting the Sita Community Snake Park, walking along the boardwalk and getting educational toure of the crab and fish farms, taking canoes or motorboat tour through the mangroves or up to Kirepwe Island from Dabaso landing site, picnic lunch, sundowner or Arab Ruins tour at Kirepwe Island or entertainment by traditional Giriama dancers at Kirepwe. Benefit of the project i. Provision of direct employment of Mida Ecocamp for tour-guides, boats-men, who are selling fish and the locals who sell vegetables, fruit milk and charcoal. The Giriama Dancers and Drummers are also on the entertainment section which they display their culture and heritage. ii. The initiative involves the local community in practical conservation, environmental education and awareness and sustainable management of the natural resources by organise mangrove plantings and beach clean-ups iii. The initiative has stimulated several income generating activities including beekeeping, selling mangrove tree seedlings, crab farming and other aquaculture, poultry rearing, selling handicrafts as well as doing an eco-tourism programme.

Challenges affecting the project: i. Mangrove deforestation has threatened the creek eco-system leading to reduction of the mangrove forest which is among the main attractions of the creek. ii. Low involvement of community members in the project hence less participation and low outcome toward the conservation initiative. iii. Increase in population in the area has put a lot of pressure on the resources such as the fish for food, clearing of the mangrove forest for agricultural land and using the wood from the trees as building materials.

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<< ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) >> iv. The tourism industry is seasonal therefore those working there don’t have a stable source of income. The community members then opt to go back to their old ways of cutting down the mangrove trees for building materials and charcoal so that they can sell.

4. Eco World - Watamu The Eco World initiative began with a simple realisation, plastic bags and other materials are ingested by endangered sea turtles who would mistake them for jellyfish which are actually part of their natural diet. The turtles, dolphins and whales eventually die due to internal problems and starvation caused by a blockage by the plastic Plastics smother corals and other marine creatures living on the sea bed, inhibiting them from breathing and feeding and resulting in loss of health or death. Whales, dolphins and whale sharks, found in Watamu waters, are all in danger of extinction wildlife; the plastics are also destroying the aesthetic value of the beaches and resulting in threats to human health and welfare. This is potentially discouraging tourists from visiting the area. This is a serious concern as many coastal communities depend on tourism as their primary source of income and employment. In 2009, Eco World was formed by community members and environmentalists fighting the spread of marine debris and plastic waste along the Watamu beaches. They formed the Blue Team, comprising of 25 members of the community who were employed to collect solid waste on the beach and keep the village roadsides clean weekly. The Blue team is made up of the local youth and women’s groups. The Watamu Marine Association set up a Community Solid Waste Management Project. In 2014, a Recycling Centre was built, where materials such as plastics, wine bottles and rubber. The Recycling Centre aims to recycle all plastic and glass waste produced by hotels and the general community in Watamu whereby the waste is first sorted and re-purposed, crushed, handed over to the municipal government for proper disposal or sold to other recyclers. They are mostly sponsored by local hotels and businesses which sustains their operation. The latest recycling initiative to come out of EcoWorld is the construction of a building with the walls made from 5,628 plastic water bottles and glass wine bottles. This initiative shows the local community and Kenyans that waste materials can have a useful and practical value. This building is being used by WMA community health and women group members to make natural health products from neem tree and coconut oils. Main benefits i. All plastic and glass waste from beach clean-ups, the Marine Park hotels and many local residents are sent to the Recycling Centre at EcoWorld where the plastic is shredded into small pieces. The shredded pieces are sold to the plastic recycling industries in Mombasa and Malindi where it is melted down and used to make more plastic products. This saves energy and natural resources by not making new plastic and importantly reduces the amount of plastic polluting our beaches and environment ii. Unfortunately, the Coastal community of Kenya has a huge drug abuse problem especially among the youth. Syringes used by the drug addicts also make up part of the collected wastes. Initiatives such as EcoWorld is indirectly helping to reduce the drug abuse problem by providing the local youth with jobs and engaging them in meaningful activities. iii. Watamu Marine Association has a Blue Team, local community members who they pay to collect litter from the beaches of Watamu. Each member of the Blue Team

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is paid between KES 400-500 per day to clean the beaches and bring the litter back to EcoWorld’s recycling center therefore it has created employment opportunities among the huge number of unemployed youths. Eco world plans to develop the Recycling Centre as a site for small environmental technologies. This will include glass blowing, composting, permaculture, bio-fuel briquette making as an alternative to charcoal, bio-gas production from manure and tree nurseries. The site will be open to the public and as a tourist attraction and will also invite government and educational institutions to use it as a case study and center for learning. Plans are set for EcoWorld are to build eco-accommodation from recycled materials to house Kenyan students, researchers and international volunteers interested in environmental management, recycling and community development. 5. Mlilo Community Tours and Safaris Mlilo Community Tours and Safaris is an enterprise that targets to promote Community Based Tourism Concept; by getting communities to engage in tourism enterprises with long term gains. Mlilo works with Eco-tourism stakeholders to promote and diversifying tourism into the community areas. Mlilo Community Tours and Safaris and Taita Taveta Wildlife Forum have over the years targeted to put the Eco-Tourism agenda as a top Development Agenda in the Coast Province of which the Taita Taveta District Development Committee has adopted it as an important District Development Planning Strategy towards the realization of Vision 2030. The initiative has clearly demonstrated that Eco-Tourism is the most sustainable option especially for Arid Coastal Areas and in areas within Communities bordering the park which currently face Human Wildlife Conflict failing agricultural productivity due to unpredictable low rainfall and acute changes in weather patterns. So far Mlilo has been able to undertake the following in regard to Tourism particularly Community Based Tourism as an enterprise. i. Promotion for adaption of Community Based Tourism Enterprise as a County Development Agenda; ii. Through this initiative, Ministry of Tourism and Ecotourism Kenya has made a number of workshops in all the regions to educate CBTE Stake Holders and inventory will be undertaken by the Ministry of Tourism and Ecotourism Kenya and a database for Home stays, sites and community run camp sites developed; iii. Various communities-based organizations have been formed and registered around tourism sites and technically supported to establish basic utilities; iv. Development of Coastal Tourism Circuit which Mlilo has developed a marketing brochure detailing products within Coastal Circuits and other CBT Circuits in other regions in Kenya; v. Mlilo together with National Museum of Kenya undertook a County Wide Visit and identified 800 potential shrine and heritage sites that need to establish three Community Museums in Taita- Taveta County; and vi. Mlilo has also organized tree planting activities at Funju in Taita Taveta with 8the assistance from Kenya Forest Services during the year 2009.

Main benefits: 1. Has created employment opportunities to the local people as tour guides, drivers, forest conservers, authority personnel and creation of curio shops around tourist attraction vicinities. This has raised the living standards of the people.

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2. Helped in creation of tourism diversification in the communal area of coast through support from Ministry of Tourism, Kenya Wildlife Service, Eco Tourism Kenya, Provincial Administration, and Kenya Forest Services. 3. Has promoted eco-tourism which has led to reduction of forest destruction and promotion of biodiversity of the coastal ecosystem. 4. The revenue got from the tourists is used in development of infrastructures and social services such as schools for education to all, health units for proper health care and improvement of transportation networks. Main Challenges Mlilo Community Tours and Safaris still require support and goodwill from all the stakeholders in the region for it to have a greater impact. Mlilo has also set up plans looking for more Ecotourism Student Volunteers to assist Community Based Organizations which are affiliated to Mlilo. Mlilo is looking for partnership with the Chinese, French and Germany Travel Agents, Hoteliers and Tour Operators who will act as strategic business partners. They are also planning to have Art Outreach Programme (AOP), an organization that brings student volunteers who assist community-based organizations in various livelihood activities. Efforts have been made to expand into new themes, such as HIV/AIDS which seeks to outreach the issue of HIV/AIDS into the conservation circles and programmes. Conclusion Most community projects in the coastal region are based on eco-tourism. The initiatives have created employment opportunities for the community members, empowerment and gradual development of the community from the returns they get from the initiatives. This has played a big role in creating awareness of the importance of protecting our biodiversity. Therefore, more eco-friendly initiatives should be developed across the country so as to create employment and encourage environmental protection.

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Annex 10: List of Participants Consulted

Attached as a separate document

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Annex 11: Environmental and Social Management Plan Checklist and Format for Low- risk Topologies

For low-risk topologies, an alternative to the commonly used “full text” ESMP format is to have a checklist approach. The goal is to provide a more streamlined approach to preparing ESMPs. This checklist-type format (“ESMP Checklist,” see Appendix 1, part 2) has been developed to provide “pragmatic good practice” and designed to be user friendly and compatible with safeguard requirements. The checklist-type format attempts to cover typical mitigation approaches to common low-risk topologizes with temporary localized impacts. It is anticipated that this format provides the key elements of an Environmental and Social Management Plan (ESMP) to meet World Bank Environmental Assessment requirements under OP 4.01. The ESMP (Appendix 1) format has two sections: • Part I: constitutes a descriptive part (“site passport”) that describes the project specifics in terms of physical location, the institutional and legislative aspects, the project description, inclusive of the need for a capacity building program and description of the public consultation process. This section could be up to two pages long. Attachments for additional information can be supplemented if needed. • Part II: includes the environmental and social screening in a simple Yes/No format followed by mitigation measures for any given activity and the monitoring plan for activities during project construction and implementation. It retains the same format required for standard World Bank ESMPs. Application of the EMP-Checklist The practical application of the ESMP-ckecklist would include the filling in of Part I to obtain and document all relevant site characteristics and activities. In Part 2 the type of foreseen works, as obtained from the design documents, would be checked and the resulting provisions listed below highlighted (e.g. by hatching the field or copy pasting the relevant text passages into the special provisions of the tender documents. The whole filled in tabular ESMP is additionally attached as integral part to the works contract and, analogous to all technical and commercial terms, has to be signed by the contract parties. For the monitoring of the Contractor’s safeguards due diligence the designated construction inspector works with Part C of the ESMP Checklist, the monitoring plan. This should be developed site specifically and in necessary detail, defining clear criteria and parameters which can be included in the works contracts, which reflect the status of environmental practice on the construction site and which can be observed/measured/ quantified/verified by the inspector during the construction works. Part C would thus be filled in during the design process to fix key monitoring criteria which can be checked during and after works for compliance assurance and ultimately the Contractor’s remuneration.

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APPENDIX 1: Format for Environmental and Social Management Plan

Environmental and Social Management Plan (ESMP) KEMFSED SUBPROJECT PROJECT NAME

DATE

PART I: Activity Description

1. INTRODUCTION 2. Project Objective 3. Project Description 4. Environmental Footprint 5. POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK 6. RELEVANT WORLD BANK POLICIES 7. IMPLEMENTATION ARRANGEMENTS 8. ENVIRONMENTAL SCREENING, ASSESSMENT AND MANAGEMENT 9. Potential Environmental Impacts 10. Environmental Management Approach

11. MONITORING AND REPORTING

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Part II : ESMP Checklist for Activities

PART A: INSTITUTIONAL & ADMINISTRATIVE Country Project title Scope of project and activity Institutional KEMFSED Project Management Local Counterpart and/or arrangements NPCU Recipient (Name and contacts) Main Contact Point

Implementation KEMFSED Local Counterpart Local Contactor arrangements Safeguard Supervision NEMA (Name and contacts) Supervision Supervision

SITE DESCRIPTION Name of site Describe site location Attachment 1: Site Map [ ]Y [ ] N Who owns the land? Geographic description LEGISLATION Identify national & local legislation & permits that apply to project activity PUBLIC CONSULTATION

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Identify when / where the public consultation process took place INSTITUTIONAL CAPACITY BUILDING Will there be any [ ] N or [ ]Y if Yes, Attachment 2 includes the capacity building program capacity building?

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PART B: ENVIRONMENTAL /SOCIAL SCREENING Will the site Activity and potential issues and/or impacts Status Additional references activity Section A (below) applies to all projects include/involve any of the 1. Building rehabilitation [ ] Yes [ ] No See Section B below following • Site specific vehicular traffic potential issues • Increase in dust and noise from demolition and/or impacts: and/or construction • Construction waste 2. New construction [ ] Yes [ ] No See Section B below • Excavation impacts and soil erosion • Increase sediment loads in receiving waters • Site specific vehicular traffic • Increase in dust and noise from demolition and/or construction • Construction waste 3. Historic building(s) and districts [ ] Yes [ ] No See Section C below • Risk of damage to known/unknown historical or archaeological sites 4. Acquisition of land5 [ ] Yes [ ] No See Section D below • Encroachment on private property • Relocation of project affected persons • Involuntary resettlement • Impacts on livelihood incomes 5. Hazardous or toxic materials6 [ ] Yes [ ] No See Section E below

5 Land acquisitions includes displacement of people, change of livelihood encroachment on private property this is to land that is purchased/transferred and affects people who are living and/or squatters and/or operate a business (kiosks) on land that is being acquired. 6 Toxic / hazardous material includes and is not limited to asbestos, toxic paints, removal of lead paint, etc.

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• Removal and disposal of toxic and/or hazardous demolition and / or construction waste • Storage of machine oils and lubricants 6. Impacts on forests and/or protected areas [ ] Yes [ ] No See Section F below • Encroachment on designated forests, buffer and /or protected areas • Disturbance of locally protected animal habitat 7. Traffic and Pedestrian Safety [ ] Yes [ ] No See Section G below • Site specific vehicular traffic • Site is in a populated area ACTIVITY PARAMETER GOOD PRACTICES MITIGATION MEASURES CHECKLIST A. General Notification and Worker (a) The local construction and environment inspectorates and communities have been Conditions Safety notified of upcoming activities (b) The public has been notified of the works through appropriate notification in the media and/or at publicly accessible sites (including the site of the works) (c) All legally required permits (to include not limited to land use, resource use, dumping, sanitary inspection permit) have been acquired for construction and/or rehabilitation (d) All work will be carried out in a safe and disciplined manner designed to minimize impacts on neighboring residents and environment. (e) Workers’ PPE will comply with international good practice (always hardhats, as needed masks and safety glasses, harnesses and safety boots) (f) Appropriate signposting of the sites will inform workers of key rules and regulations to follow. B. General Air Quality (a) During interior demolition use debris-chutes above the first floor Rehabilitation (b) Keep demolition debris in controlled area and spray with water mist to reduce and /or debris dust Construction (c) Suppress dust during pneumatic drilling/wall destruction by ongoing water spraying Activities and/or installing dust screen enclosures at site (d) Keep surrounding environment (side walks, roads) free of debris to minimize dust

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(e) There will be no open burning of construction / waste material at the site (f) There will be no excessive idling of construction vehicles at sites Noise (a) Construction noise will be limited to restricted times agreed to in the permit (b) During operations the engine covers of generators, air compressors and other powered mechanical equipment should be closed, and equipment placed as far away from residential areas as possible Water Quality (a) The site will establish appropriate erosion and sediment control measures such as e.g. hay bales and / or silt fences to prevent sediment from moving off site and causing excessive turbidity in nearby streams and rivers. Waste management (a) Waste collection and disposal pathways and sites will be identified for all major waste types expected from demolition and construction activities. (b) Mineral construction and demolition wastes will be separated from general refuse, organic, liquid and chemical wastes by on-site sorting and stored in appropriate containers. (c) Construction waste will be collected and disposed properly by licensed collectors (d) The records of waste disposal will be maintained as proof for proper management as designed. (e) Whenever feasible the contractor will reuse and recycle appropriate and viable materials (except asbestos) C. Historic Cultural Heritage (a) If the building is a designated historic structure, very close to such a structure, or building(s) located in a designated historic district, notify and obtain approval/permits from local authorities and address all construction activities in line with local and national legislation (b) Ensure that provisions are put in place so that artifacts or other possible “chance finds” encountered in excavation or construction are noted, officials contacted, and works activities delayed or modified to account for such finds. D. Acquisition Land Acquisition (a) If expropriation of land was not expected and is required, or if loss of access to of land Plan/Framework income of legal or illegal users of land was not expected but may occur, that the bank task Team Leader is consulted. (b) The approved Land Acquisition Plan/Framework (if required by the project) will be implemented Asbestos management (a) If asbestos is located on the project site, mark clearly as hazardous material

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E. Toxic (b) When possible the asbestos will be appropriately contained and sealed to minimize Materials exposure (c) The asbestos prior to removal (if removal is necessary) will be treated with a wetting agent to minimize asbestos dust (d) Asbestos will be handled and disposed by skilled & experienced professionals (e) If asbestos material is be stored temporarily, the wastes should be securely enclosed inside closed containments and marked appropriately (f) The removed asbestos will not be reused Toxic / hazardous waste (a) Temporarily storage on site of all hazardous or toxic substances will be in safe management containers labeled with details of composition, properties and handling information (b) The containers of hazardous substances should be placed in an leak-proof container to prevent spillage and leaching (c) The wastes are transported by specially licensed carriers and disposed in a licensed facility. (d) Paints with toxic ingredients or solvents or lead-based paints will not be used F. Affects Protection (a) All recognized natural habitats and protected areas in the immediate vicinity of the forests and/or activity will not be damaged or exploited, all staff will be strictly prohibited from protected areas hunting, foraging, logging or other damaging activities. (b) For large trees in the vicinity of the activity, mark and cordon off with a fence large tress and protect root system and avoid any damage to the trees (c) Adjacent wetlands and streams will be protected, from construction site run-off, with appropriate erosion and sediment control feature to include by not limited to hay bales, silt fences (d) There will be no unlicensed borrow pits, quarries or waste dumps in adjacent areas, especially not in protected areas. G Traffic and Direct or indirect hazards (a) In compliance with national regulations the contractor will insure that the Pedestrian to public traffic and consruction site is properly secured and construction related traffic regulated. This Safety pedestrians by construction includes but is not limited to activites ▪ Signposting, warning signs, barriers and traffic diversions: site will be clearly visible and the public warned of all potential hazards ▪ Traffic management system and staff training, especially for site access and near-site heavy traffic. Provision of safe passages and crossings for pedestrians where construction traffic interferes.

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▪ Adjustment of working hours to local traffic patterns, e.g. avoiding major transport activities during rush hours or times of livestock movement ▪ Active traffic management by trained and visible staff at the site, if required for safe and convenient passage for the public. ▪ Ensuring safe and continuous access to office facilities, shops and residences during renovation activities, if the buildings stay open for the public.

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PART 3:C MONITORING PLAN Phase What Where How When Why Cost Who (Is the (Is the (Is the (Define the (Is the (if not (Is responsible parameter to parameter to parameter to frequency / or parameter included in for be monitored?) be monitored?) be monitored?) continuous?) being project monitoring?) monitored?) budget) During activity preparation

During activity implementation

During activity supervision

Record of Public Consultations (attendees, date and place held, points raised, responses by the consultants)

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Annex 12: Guidelines on the application of Integrated Pest Management (IPM) principles for KEMFSED activities

Introduction Integrated Pest Management (IPM) is an environmentally friendly, common sense approach to controlling pests. The IPM principles and benefits described below apply to any type of activity under KEMFSED project. IPM combines a variety of controls, including the conservation of existing natural enemies, intercropping, use of pest-resistant varieties and others. Pesticides may still continue to be used selectively but in much smaller quantities, and with must lesser risks to human health.

National Regulatory Requirements There are several policies that have been developed in the country that have impact on crop production and IPM implementation. Some of these policies are: 1. Vision 2030 2. National Agricultural Research Systems 3. Agricultural Sector Development Strategy 4. National Agricultural Sector Extension Policy 5. Environment Policy 6. National Food and Nutrition Policy 7. National Seed Industry Policy

Principles of Integrated Pest Management IPM is not a single pest control method but, rather, a series of pest management evaluations, decisions and controls. In practicing IPM, farmers who are aware of the potential for pest infestation follow a four-tiered approach. The four steps include:

1. Set Action Thresholds Before taking any pest control action, IPM first sets an action threshold, a point at which pest populations or environmental conditions indicate that pest control action must be taken. Sighting a single pest does not always mean control is needed. The level at which pests will either become an economic threat is critical to guide future pest control decisions. 2. Monitor and Identify Pests Not all insects, weeds, and other living organisms require control. Many organisms are innocuous, and some are even beneficial. IPM programs work to monitor for pests and identify them accurately, so that appropriate control decisions can be made in conjunction with action thresholds. This monitoring and identification remove the possibility that pesticides will be used when they are not really needed or that the wrong kind of pesticide will be used. 3. Prevention As a first line of pest control, IPM programs work to manage the crop, lawn, or indoor space to prevent pests from becoming a threat. In an agricultural crop, this may mean using cultural methods, such as rotating between different crops, selecting pest-resistant varieties, and planting pest-free rootstock. These control methods can be very effective and cost-efficient and present little to no risk to people or the environment.

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4. Control Once monitoring, identification, and action thresholds indicate that pest control is required, and preventive methods are no longer effective or available, IPM programs then evaluate the proper control method both for effectiveness and risk. Effective, less risky pest controls are chosen first, including highly targeted chemicals, such as pheromones to disrupt pest mating, or mechanical control, such as trapping or weeding. If further monitoring, identifications and action thresholds indicate that less risky controls are not working, then additional pest control methods would be employed, such as targeted spraying of pesticides. Spraying of non-specific pesticides is a last resort.

In cases when the use of agriculture and aquaculture chemicals is unavoidable

Pesticides and bactericides pose risks to human health if they a person has contact with these substances through the skin, the mouth and by inhaling it. Thus, all project staff and community members must care for the following, while working with pesticides/bactericides and other chemical substances: • Avoid unlabeled or poorly packaged pesticides • Transport pesticides in a secure container • Separate pesticides from food, people and animals • Store pesticides in a secure place outside the home • Always read the label • Always use protective gear • Always ensure that you use the correct dosage • Observe the pre-harvest interval • Do not spray when it is windy or likely to rain • It is safest to spray in the morning or evening • Keep children and animals away from the spray site • Have water, soap and a first aid kit readily available at the spray site • Collect water with a clean bucket • Pour clean water to the half tank mark through the strainer • Handle powder formulations with the wind to you back • Measure the dose carefully. • Mix powder formulations with water before adding to the tank • Rinse your gloves immediately after handling concentrated pesticides • After measuring rinse, the measure and pour the rinse water in the tank • Rinse empty pesticide containers three times and pour the rinse water in the tank • Shake the tank well and then fill to the full mark • Clean the outside of the spray can • Rinse your gloves again before taking them off • Work with the wind to your back or sides • Never spray with a leaky pump • Clear blocked spray tips with a piece of straw • After spraying wash, yourself well before eating, drinking or smoking • Spray leftover spray mix and rinse water along crop borders

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• At the end of the day clean your pump and do all necessary repairs • Never rinse your spray equipment in or near a waterway • Wash work clothes separately. Except for rubber equipment, hang to dry in the sun • Never store food or water in empty pesticide containers • Render empty containers unusable before destroying them • At the end of the job take a bath and put on clean clothes and footwear

What to do if an accident occurs • If pesticide should splash on your skin wash it off immediately. • Wash pesticides/bactericides from the eyes with clean water for 15 minutes. See a doctor. • Stop work immediately if you suddenly become ill while working with pesticides and bactericides. • See a doctor and take the label of the pesticide with you.

IPM Plan for KEMFSED Once a KEMFSED subproject is identified to have a potential for use of agrochemicals (pesticides, bactericides, etc.), it should develop an IPM Plan, containing the following information: a) Technical Assistance: The Community- or County-level implementation team contacts County-level representatives of the Ministry of Agriculture for technical assistance; b) Training and Awareness-Creation: The County PIU, in collaboration with the County Agriculture Ministry staff, designs and arranges an IPM Training and Awareness-Creation workshop for the project affected people, incorporating the above-mentioned principles; c) The CPIU shared available educational resources with farmers, including Farmers Field School to exchange experience on successful IPM practices; d) Pest-Resistant Varieties: The CPIU makes the necessary arrangement to provide advice to the beneficiaries on pest-resistant crop varieties; e) Technical Information: The CPIU ensures that information is made available to the members regarding the management of pests expected in the location concerned. f) Safety and Storage of Pesticides: The CPIU, in collaboration with the County Agriculture Ministry staff, will develop and implement arrangements for the safe use, handling and storage of pesticides, and the proper use, maintenance and storage of pesticide spraying equipment. Pesticides should be kept separately, away from humans and animals in a closed, dry and secure place; g) Supervision: The CPIU arranges regular visits by technical experts to monitor the presence or absence of pests and provide advice on the management options. Management should be in accordance with the IPM components favoring traditional and indigenous pest management practices; and

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h) Reporting: The County implementing team will report to the National PIU and the Ministry of Agriculture, which will take action, if required, to rectify any shortcomings arising from the use of pesticides.

National Environment Management Authority (NEMA) will ensure that there is enforcement including monitoring of the guidelines and regulations for waste disposal including pesticide wastes. NEMA has County offices and will be best placed to ensure the monitoring of pesticide use as well as their disposal.

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Annex 13: Minutes of Disclosure Workshop

MINUTES OF A DISCLOSURE WORKSHOP MEETING OF THE STAKEHOLDERS AND CONSULTANTS HELD IN MOMBASA, AT KEMFI HEADQUARTERS ON 19TH JUNE 2019

The meeting was called to order at 9:35 am, on June 19, 2019, at KEMFRI’s meeting boardroom. The meeting began with prayers followed with Individuals introducing themselves – by name and the interests they represent. Even though most participants speak English, Swahili language was recommended so that the message communicated reached in their native tongue. See participants list attached as Annex. 1. Agenda Validation of KEMFSED frameworks (ESMF, VMGF, RPF, SA and PF) • Presentation of individual frameworks by lead experts • Reactions by the stakeholders to the frameworks through comments, questions. • Consultants and technocrats’ responses to the comments and questions raised by stakeholders. 2. Introduction and Briefing on the project

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Technocrats, from KEMFRI, KEFIS and the ministry, Dr Jacob Ochiewo, Jared Agano, and Mrs. Rose Koboge, Project’s Technical Director then gave their opening remarks and briefs about the project. 3. Presentations of frameworks Prof Nyambedha, the head of MRDC, the research consultancy for KEMFSED, made a general, high level introduction of the project area, scope - the counties and sub-counties targeted, the methodology used – key informants, BMUs, fisheries officers, etc. He introduced the various frameworks and the lead experts who would later present them to the stakeholders. Presentation of ESMF by Dr Kurauka Dr Joseph Kurauka, the lead expert on environment, made his presentation on ESMF. He highlighted the focus areas, legal frameworks used in preparing it (NEMA Act, Vision 2030, Constitution, etc), the methodology and literature review. He talked about the level of consultations, mentioning some of the communities and institutions consulted. He talked about free prior and informed consultation, interviews, FGDs and KIIs with county officials. He showed images of group meetings as evidence of extensive community consultations. He also showed maps of county boundaries with GPS coordinates on where the research team visited. The maps also showed the targeted landing sites. He discussed in detail the effects (positive and negative) of the proposed project on livelihoods, fish species, mangroves, coral reefs, water pollution (oil spills in Lamu), hydrological changes, etc. He showed slides of areas which require urgent intervention, including damaged and endangered mangrove forests, damaged bridges, salt mines in Kilifi, water pollution (no toilets, etc, waste from Lamu and other continents), dust at road construction. He also highlights mitigation measures. Question / Comment / Feedback on ESMF: Salim Ali Mohammed of Tuna Fisheries Alliance, Indian Ocean Network observed that the impact of siltation on River Sabaki during South East Monsoon winds kills corals, rare species such as turtles, and destroys their breeding nests. He also noted salt mining as a major challenge in Kilifi County. He said that these issues have to be captured and asked how the project intends to address them. Kahindi Heri, Environment Officer, NEMA, Lamu County said that a strategic environmental assessment must be done because the project is too big. According to him, the specific projects under the main KEMFSED project will then require EIA to be conducted. He went further to clarify the environmental laws. He asked Dr Kurauka to quote EMKA Cap 387 correctly. He urged that since NEMA has done a lot of work on these regulations, the framework should speak about EMCA regulations that are affected such as water quality regulations, noise regulation. Responses to comments / questions on ESMF: Dr Kurauka acknowledged that salt mining and siltation are major challenges, especially in Kilifi County. He confirmed that these issues have been captured in the frameworks. He gave examples of conservation groups and organizations they spoke with, such as Kiunga Sea Turtle, those

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protecting the red macabre, and various tree/plant species. He reiterated that resources must be given to protect them. As for turtles, he said that there is need for more resources to motivate fishermen. Whenever a fisherman catches a turtle, they should be able to capture the GPS location, release the turtle and be paid for it. Otherwise turtles will be endangered and extinct in a few years. He noted that siltation poses both negative and positive effects. He gave the example of the Tana River at the mouth meeting the Indian Ocean having a lot more mangroves than any other place along the Kenyan coast as an advantage of a combination of siltation and salty waters. About the pollution on Sabaki River, he traced the source to Nairobi and Athi River, which is polluted mainly in Nairobi’s Industrial Area, before it faces more pollution in other towns such as Thika and Machakos. He talked of presence of heavy metals and industrial waste all polluting the ocean. He advised that it is important to apply an ecosystem approach to manage these challenges. Dr Kurauka agreed with comment that strategic environmental assessment is important for huge projects. He clarified, however, that this is a framework. He pointed out that if there was time, he would have shown samples of EIAs for small projects e.g. for construction of landing sites. For a sewer system in Lamu, a strategic environmental assessment will be necessary. About Cap 387, he said that changes will be made as suggested. He further pointed out that reference to the regulations/guidelines have been made in the detailed reports. Prof Nyambedha explained that the project has not begun, that this is a framework, a guideline. Specific project plans and assessments will be conducted once the projects begin. Jared Agano – KEFIS also clarified that, laws and regulations and measures put in place are sufficient to safeguard various risks. He assures participants that the project hasn’t begun, but that there is a framework that will guide the project once it starts to guard potential effects. The meeting was adjourned at 11:20 am to enable participants have a tea-break. The meeting was reconvened at 11:40 am. Before the session began proper, Prof Nyambedha once again clarified that these are specific frameworks which will guide the project implementation on key areas such as social, environmental, VMGs, and not a concrete project plan. This was to dispel the misconceptions about frameworks being the project plan. Due to time constraints, the moderators asked that participants note down their observations, comments or questions and would then be given time to engage / ask after all experts have presented, rather than after each presentation. Presentation of Social Assessment by Dr Peter Shimon Dr Shimon discussed observations made by researchers on the social and cultural dynamics. He talked about the VMGs and the institutions - social and government - that work closely with them. He discussed other thematic issues such as unemployment, youth, women, politics, changing environmental and social landscape vs traditional methods of livelihood (hunting/gathering), education, water access (salty water even upon drilling boreholes), main source of livelihood

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(fishing), how communities may benefit optimally from the project – through community consultations (local leaders – chief, village elders). He noted that it is important for the agenda for meetings to be clarified ahead of meetings, and meeting venues be made accessible (not too far from stakeholders). He also observed that meeting composition by gender is crucial as women need to be spared from men so that their voices are not drowned. Experts from outside need to consult closely with local communities. He highlighted the importance for capacity building before projects start is due to high illiteracy level. He noted that the project will raise capacity to fish. He cautioned against elite capture and advocated for co-management. He observed that local communities would like to experience tangible project benefits, and that it is important to compose committees that are inclusive. Presentation of RPF by Prof Syaga Prof Syaga talked about RPF, explained what RPF all is about, provided overview on WB involvement. He gave the example of Ndakaini Dam project in which people were compensated but there was no follow up as to what they did with their money, thus having many misusing the funds. He noted that the WB tries as much as possible to avoid displacement of the people. Since projects must be there and, in the event, government doesn’t have land, private property will be used. However, people must not be punished. They must be compensated for the property. Their livelihoods must be restored so as to continue living as before. It must not be destroyed. He used a matrix on his slides presentation to educate participants on guidelines on compensation. Presentation of VMGF by Prof Nyambedha Prof Nyambedha clarified the value of social networks, in part as an explanation to Prof Syaga’s presentation on the difficulty of placing valuation on non-tangible benefits. He noted that all the counties targeted, except Mombasa, have VMGs. He highlights that the project targets all communities along the coastline, without discrimination or favoritism of any specific group(s). He assured them that all community members will be involved. The session was adjourned at 1:40 pm to allow participants have a lunch break. The session resumed at 2:30 pm. Presentation of PF by M/s Pauline Ikumi Dr Ikumi explained to the plenary that the Process Framework looks at the procedures and activities, interests and needs of stakeholders. She posited that the PF follows participatory framework and should be seen as a people’s project in which all key stakeholders take a role / are involved in deciding. Questions, Comments Responses on various presentations of frameworks Jane Njona, Kilifi Sub County Prof Nyambedha responded that although it may not have noted that albinos, though come out strongly in the presentation, this is in the report, physically disabled, are not and that if one looks carefully, they will find it well considered by this project and covered.

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should be brought on board / to Benjamin Kilaka, World Bank explained that the VMGs participate in consultations. were lumped together in the design of this project Mwalimu Ali, PWDs, Kwale (KEMFSED). He talked about the indigenous people not (VMGF, PF, and SA) was being assimilated, and whose livelihoods are mostly in the concerned that he hasn’t heard forests (hunter-gatherer), political representation – none, much about persons with education – low, socio-economically down, even disabilities and noted that VMGF population is low. They cannot elect their leaders due to presentation had been specific law numbers. He pointed out that the Kenya government about ethnic communities. He argues that all Kenyans are indigenous, that the WB has to asked how PWDs can benefit. He go to the constitution: Article 43. GoK and WB agreed on said that inclusion must be also a definition. Goals of WB include eradicate poverty by consider PWDs, noting that 2030 and shared equality through ensuring shared benefits disability act allocates them 5% of – O.P. 4.10. He said that the physically challenged are resources/representation. covered in that framework. He said that the reason leaders are here is to engage with PIU to sensitize communities. Naima Twahi, Entrepreneur asked, Prof Nyambedha in response said that there is a difference who indigenous people are. She between indigenous and minority. Indigenous doesn’t gave an example of her parents have to be minority. The Kenyan Government recognizes having been born in Lamu, moving 22 communities as being VMGs. The World Bank defines to and settling in Mombasa. VMGs as people whose culture and livelihood depend on Assuming they are chased from natural resources such as forests. Their language and Mombasa, where do they go, since culture haven’t enabled them to integrate well with other they have no place in Lamu communities. Wakifundi, Wachwaka, Waboni/Awer, anymore? Waelwana, Watta. Many groups may be minority but not indigenous. Naima Twahi, also pointed out that On the issue of representation, Prof Nyambedha responded the experts spoke of that representation should not be just for affirmative action. representation. She asked which He said that the PF and VMGF have M&E. M&E will one it should be, between interrogate and show if project is being run in the required representation and decision way. They must be seen to benefit, not just to be seen to be making? represented. To the question of representation, Benjamin Kilaka, WB said that leadership is about popularity, yet the minority do not have the numbers. Therefore, as leaders, the stakeholders have to decide to apply affirmative action to give seats. This, he said, it is within the constitution. Athmani Mwambire, Watamu (on Kahindi Kheri, NEMA (Lamu) said, in NEMA’s defense, Social Assessment) asked about that the NEMA has bi-laws, EMCA 387, and that the enforcement of NEMA laws. enforcement issues are due to NEMA’s limited resources. He singles out the issue of People want a good environment but do not wish to take monofilament fishing nets (plastic, responsibility. Communities are hesitant to say who are transparent, fish cannot see), responsible for breaking environmental laws, making which is outlawed, but is still enforcement difficult. He said that NEMA has safeguards widely used. He said that in the event of collusion or corruption – environmental fishermen are not involved in complaints committee, tribunals to investigate.

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making laws that regulate their Mtengo, BMU chairman, said that BMUs can arrest and trade. These laws hurt fishermen, seize illegal fishing equipment, but cannot enforce the law why are the laws made that hurt alone. They do not have necessary support from fishermen? Why they were not stakeholders. Sometimes culprits are armed at the time of involved? crime. Salim Ali refuted the notion that monofilament fishing is the problem. He questions why it is legal to manufacture and sell monofilament, yet fishermen are outlawed to use it? Somo Somo, in a rejoinder said that the danger isn’t in their (monofilament) transparency, but in their destruction of corals – once they have been dumped, they do not decay like the fabric fishing nets. Somo Somo, observed that Jared Agano, KEFIS responded that the project aims to KEMFSED is an extension of build further upon on the gains and capacity building of KCDP. They did not benefit from KCDP. But it is not KCDP’s continuation. KCDP. Only officers in charge, women, youth, and few interest groups benefited. He quotes the disproportionate ownership of boats by women who are also dealers. Women also own other resources. How about the men? Somo Somo, also noted (on RPF) Prof Syaga noted that all his reports (RPF) incorporate the that resettlement / compensation human rights element. should consider further effects such as relocation and separation of spouses over lengthier period of time.

Said Ali Chufu (on VMGF) Jared Agano said that a team has been constituted to look observed that tribes are an ageless into issue of all grabbed public landing sites, came to the concept that did not start today. ground, report ready, at the national office of the land Those which alienated themselves commission. from the rest of the societies still have the same issues which drove them away. They should be consulted on why they keep alienating themselves / what drove them away.

Said Ali Chufu said that chiefs are On Land Policy, Prof Syaga said that the NLC was to involved in all government land recover all irregularly allocated land. They would not compensations and that all know without communities showing them. grabbed landing sites should be

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returned and non-gazetted ones be gazetted. Mohamad Athman, Lamu County, Benjamin Kilaka (WB) and Rose Koboge clarified that Project Coordinator – KEMFSED, there have been revisions on the WB components. asked Dr Kurauka to adjust Component 3 was too complex and there was no money to components to be consistent with implement. KEMFSED (3 vs 4 – 1.2 was removed). One participant asked that they be It was agreed that all the summary reports will be availed furnished with necessary to them. information and tools since officers will need documents ahead of implementation.

(on ESMF) Salim Ali Mohammed, Indian Ocean Body Network - Prof Syaga asked, how the ocean resources can be noted that there are plain historical quantified to the extent that we can put a price to them, say sites - without any structures (e’g’ when there’s destruction. Sadaka ya Pwani) – how shall these be handled? (on RPF) - Salim Ali Mohammed, Indian Ocean Body Network (on ESMF) also asked that with gaps existing between EACC or NLC valuations, which ones will be used? (on PF) Salim Ali Mohammed, Indian Ocean Body Network (on ESMF) said that local communities should be given priority in allocation of job opportunities before others are considered. Isak Aboubakar, appealed to Prof Nyambedha on representation of fishermen in people who use VMGs for their decision / law making. He said that fishermen gave own personal gains to stop feedback that corruption is rampant. BMU should be immediately. He said that the empowered to arrest. practice is rampant even in county government tendering processes. Jared Agano, DG, KEFIS said that the creation of the laws He asked officers to desist from involved everyone from grassroots through to Senate and trading with government through national assembly, before amendments and then signing their companies or proxies. He into law by president. Involvement may be done through also cautions that stakeholders representation. He said that the BMUs are empowered to must be vigilant to ensure that the arrest or confiscate equipment of fishermen breaking laws, project doesn’t go the KCDP way. and hand over to the police. He pointed out that women

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All recommendations by have been given 30% representation. He adds that the laws, consultants should be made in 2007, are currently being revised. implemented to the letter.

Charles Janji Nyadhe, BMU Network said that the government institutions are not pulling together, which is a problem to stakeholders. He said that harmonization is necessary for report’s implementation to be successful. All (NEMA, KWS, Police, etc) should be involved in consultations / meetings.

Tom Ng’ar, Coast Development, Prof Syaga said that valuation is never done without asked in what ways it is possible benchmarking. He clarified that valuation is not theoretical that compensation may not benefit but must be practical. He gave examples of various the women. countries he has travelled to for benchmarking purposes. Tom Ng’ar also asked Prof Syaga He informed participants that before a report is accepted, it (on RAP) why he could not learn must demonstrate where benchmarking has been done. He from other areas (even outside noted that the challenge is to cover every interest and how Kenya). He asked if Prof Syaga do to implement. He also noted that human rights demand has looked at other Kenyans who for adequate and prompt compensation, but how does one are satisfied? He noted that many know that it is adequate? This, he said, is why/where we are still languishing in poverty call all experts – sociologists, anthropologists, despite compensation. environmentalists, economists, etc. He asked how to bring Tom Ng’ar also noted that he was in social networks and human rights into compensation. He not seeing where private questioned if they can be converted into money. He partnership is involved in the advised that compensation does not end with money. As a project. first step, one has to see how affected people continue with their livelihoods. The second step will be the person doing RAP physically going door to door, with government representatives present, and the property owner and land valuers present. All have to sign. He warned that at the moment, we do not yet even know what will be approved. That time will come. He said that what we are giving them is a framework on what to look for while preparing that RAP.

Kokota Tchavati Mduze, on Jared Agano, informs participants that mariculture and mariculture, he said that he hasn’t hatcheries have been extensively covered in the project. `seen clauses that will help improve mariculture projects. “We do not have hatchery set ups. What

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are the measures you have put in place? On environment & mangroves, he said that they have nurseries. But they now have challenges, such as bags used being banned by NEMA. What measures are there to improve the situation?

Adero, Nature Kenya said that they have documents that are important for the protection of the ecosystem. She encouraged stakeholders / experts to make use of these documents.

AOB: With the comments, questions and responses session over, the moderators shared a few closing remarks. Madam Waka noted that this meeting is just the beginning. She urged stakeholders to keep talking, discussing, and engaging, for the better implementation and benefit of the communities. She said that their offices are open for questions, comments, so anyone can pop in. Benjamin Kilaka, WB thanks participants for their participation, and for taking time to discuss. He noted that this is a milestone in the KEMFSED project. He said that from here, the project will go to the appraisal level after tomorrow. He observed that he realized that many representatives were civil societies and urged them to keep government on toes. He challenged leaders to integrity test following Prof Syaga’s appeal to the same. He also challenged participants to tap into the positive energy and talent they had demonstrated towards the improvement / betterment of our people. He cautioned that this was a loan, not a grant. He said that after the meeting with the VMGs, consultants will update all the instruments. He reminded stakeholders to do the work. He said that their office is open and he can be called or texted. He will listen. Gomu, County Government of Mombasa, gave a vote of thanks. He thanked everyone for coming, consultants for their work/input. He said that the purpose of the project was to uplift the livelihoods of Coastal people. He noted that is their project. It was about creating alternative livelihoods. He said that counties are actively involved in the implementation of project. Adjournment The meeting was adjourned at 5:30 pm after a prayer. The next meeting will be held on 20th June 2019 with VMG representatives.

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MINUTES OF A DISCLOSURE WORKSHOP MEETING OF THE STAKEHOLDERS AND CONSULTANTS HELD IN MOMBASA, AT KEMFI HEADQUARTERS ON 20TH JUNE 2019 WITH VMGs & OTHER INTEREST GROUPS REPRESENTATIVES

The meeting was called to order at 10:00 am, on June 20, 2019, at KEMFRI’s boardroom. The meeting began with prayers followed with Individuals introducing themselves – by name and the interests they represent. It was agreed that due to the composition of workshop participants, Swahili language be used to make presentations and deliberations. Moderators inform participants that all presentations by experts will be done first before they make comments and ask questions. See participants list attached. 1. Agenda Validation of KEMFSED frameworks (ESMF, VMGF, SA, RPF and PF) • Presentation of individual frameworks by lead experts • Reactions by the stakeholders to the frameworks through comments, questions. • Consultants and technocrats’ responses to the comments and questions raised by stakeholders. 2. The lead consultants present the various frameworks in this order: SA, VMGF, RPF, ESMF then PF. Adjournment

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The meeting was adjourned briefly to allow for tea-break. 3. Question / Comment / Feedback / Response Time: Jared Agano, KEFIS went over the comments and questions from the previous day so as to ensure participants are aware some of the issues addressed, and to avoid redundancy. He mentioned that there is a misperception that the target of KEMFSED is to build Shimoni port. He clarified that this is not KEMFSED’s goal. In case of such a plan, consultations similar to these shall be undertaken. After brief deliberation, it was agreed that all participants be allowed to ask their questions, regardless of repetitiveness / redundancy with the ones from the day before.

Questions and Comments Responses on various presentations of frameworks Bajina, Kipini East Ward, Tana River County Jared Agano, KEFIS, on access to reports commented that there are factors considered in informed the participants that the reports are different groups (women, youth). He asked public domain, if they need them. They are about PWDs who equally stay within the available on WB websites, but they can also project target area and even use sea resources. pass by their representatives and they will be He asked about epileptic people who die at sea able to get them. in the event of attacks. He urged that the project plan should incorporate them since they can’t go into boats to go fish so alternatives should be sought for them. On Land, Bajina, Kipini East Ward, Tana River County said that land is an unavoidable debate. He cautioned that bad politics may creep onto the project. He urged communities to watch out against peddlers and inciters who will be out to derail the implementation of the projects. He appealed to them to ensure local leaders (chiefs, ward admins) in the event issues come up – such as land disputes on public land. He pointed out that there are grievance mechanisms, but such may delay the process of bringing development to the grounds. He urged communities to find solutions locally as courts take long and projects stall due to litigation.

Bajina, Kipini East Ward, Tana River County asked that leaders be furnished with the info presented so that they too are equipped to share the same with their people on the ground. In

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the event they are not able to answer, they would refer to the right experts.

Mchambi, Jimbo, Vanga, Kwale said that just as they were on the ground, gave their views on the project, so should the project follow a same approach. A work plan should be made in which the team goes back to the ground to help avoid many questions and suspicions.

On market access, Mchambi, Jimbo, Vanga, Kwale said there is no market. He wondered where the improved catch would be.

On greed, Mchambi, Jimbo, Vanga, Kwale said that some professionals working on the ground are corrupt. He accused them of lack of accountability, with projects ending without tangible, visible results, and no one to ask. On discrimination and division, Mchambi, Shikami pointed that prioritization would Jimbo, Vanga, Kwale advised that first priority follow the PICD process. Leaders, chiefs, be given to people on the ground. Leadership county reps will be involved. All consulted / be given to local people without involved. discrimination, without consideration of disability or else. It is divisive. He said that design, procurement, costing of equipment should be transparent. He also asked that evaluation be done at least every 6 months. Don’t wait for too long, then drive in in big cars to show off. He also said that the project design is good, but discriminatory in some respects. He decried the splitting of people into groups as it isn’t healthy. He noted that even BMU leadership composition takes care of diversity / interests. A participant asked Rose Koboge why the Shikami, on focus on ocean and not rivers, project is targeting the ocean yet Rivers (Tana remarked that all projects have limits. He said etc) have fish too. Fishermen have equipment that KCDP targeted all communities at the and catch fish as well. coast, but that it didn’t benefit all. KEMFSED focus is channeled to Ocean fishing due to the potential of exploiting the unreached high seas. The whole world is focusing Blue Economy. The ocean is the epicenter of the blue economy, not rivers and lakes. If Tana River is taken, even other rivers will have to be

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considered. Lake Victoria exploits more than the Indian Ocean.

Kami, VMG chairman, Tana River asked Comment was received and changes made Peter Shimon to change Waata & Waatha to accordingly. WATTA and Abagaaza to Abagaasa on the SA documents. Kami, VMG chairman, Tana River also asked Dr Kurauka clarified that Tana River County Dr Kurauka how harvesting / spraying destroy appeared on the map only by virtue of being a the environment. He also questioned why Taita neighboring county to Kwale County. Taveta is on the map, yet there is no sea or river. On representation, Kami, VMG chairman, Dr Ikumi on composition / involvement noted Tana River asked Dr Ikumi what criteria will that everyone will be involved. She assured be used to involve them in the project. the participants that this is just a framework. They will have to prepare the criteria to guide the process to ensure all are on board. Kami, VMG chairman, Tana River also Dr Ikumi on the question about maize and questioned if farming activities such as chicken farmers, said that we can’t specify growing maize, keeping livestock, rearing individual projects in a framework. She said chicken will also be considered in the project. that we didn’t go into that level of detail and that it will be for the communities to decide.

Jared Agano, KEFIS DG observed that the maize and chicken farmers have been listed as alternative sources of livelihood. Kami, VMG chairman, Tana River wanted to Jared Agano, KEFIS said that even this know when they shall plan for the project – meeting was part of planning. He noted that the prioritization and budget planning. planning started in earnest around Jan 2008. He said that counties had already given their budgets and that the team was working on costing. He assured participants that the plan and budget were being refined. Shikami added that money had been set aside in blocks, not the complete amount. There was no need to panic as they would be involved at the right time before project starts, especially community projects. Kami, VMG chairman, Tana River asked how it shall work out with VMGs, yet they have integration of all. He questioned how it will be ensured that the minorities / VMGs benefit, for example in the BMUs. Hassan, Watta (to the WB) expressed their Benjamin Kilaka, WB in response to Hassan’s gratitude for previous projects. He asked why / Kombo’s questions on Watta and premature

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projects are ended prematurely before they get end of project said that whenever the to their fruition. He also asked the WB how government of Kenya wishes to borrow they will ensure that money for the project money, they send a concept to the WB, if shall not delay. He gave the example of a 5 approved, they are asked to write a proposal. year project funded in the last 2.5 years. This includes the estimates. Then frameworks are written – ESMF, RPF, VMGF, etc. The frameworks give a guideline on what to do in case there are certain negative effects on the society, environment. Also highlights how to safeguard VMGs to ensure they too benefit. These are requirements of the WB, before the release of money. What we are doing is to ensure all issues are looked at and ironed out before money is released. WB is a business entity; its money does not delay. From the WB to the government accounts……. up to fisheries accounts, project accounts and county accounts. If communities are asked what projects they wish to do, by time they start to write proposals (takes 6 months to approve), sometimes government financial year closed, and then say there is a 3-month delay ……. They easily have a one-year delay. He observed that KCDP had similar challenges of delay. He advised them to be prompt to ensure things move, support groups to have all requirements in place (composition, registration, accounts). Mr Kilaka urged participants to ensure they propose projects in good time to avoid delays. Hassan, Watta, (on communication), asked Mr Kilaka, WB, on reporting, said that it shall how they shall do the reporting. He asked if be done through PIU (project implementation they shall be facilitated with communications unit). All officers involved will have to furnish experts, how it will get to the communities and their names and qualifications. if the information will be published. On communication, Mr Kilaka urged participants to make constructive noise, to engage them constructively. He cautioned that the WB can only professionally advise and guide, not interfere with the sovereignty of Kenya and its people. Jared Agano, KEFIS on communication strategy noted that there is a structure in place. He said there is a project implementation manual – at the draft stage. He promised that it would be availed at county and national

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government offices where anyone can access it. It spells out how project will be run / handled. Riziki Bwanake, Tana River gave an example Benjamin Kilaka, WB said that it is of a community that were once relocated, taken unfortunate if there are people who were to Kipini Division. Now the project was moved and that they haven’t been resettled. He completed but they haven’t been resettled. asked that it is best to share (on the side) details They are not sure if to go back or stay. How of the affected community. will KEMFSED project ensure clarity? Ibrahim, questioned (the WB) why VMGs are Mr Kilaka pointed that no one is forced to join empowered groups. He noted that KCDP had a project (proposed by the majority groups). similar approach focusing on community He appealed to them to not propose projects service and livelihoods. He said that which require cost sharing, knowing full well KEMFSED is focusing so much on VMGs. He that the VMGs will not be able to afford, thus asked how communities are benefiting. Also, locking them out, benefitting only the he noted that not all VMGs are registered. financially able majority. He noted that the focus on VMGs was due to the WB’s mission of eradicating poverty by 2030, to ensure shared resources, and to ensure equality. He highlighted that the VMGs framework was based on OP 410 and Constitution of Kenya Article 56. He assured participants that they will update their documents to include albinos in physically challenged. Hassan, Watta referred to their experience with KCDP showing that some components were not implemented, yet they were in the project and they are very vital. He wanted to know how they shall ensure this is done this time to help get communities out of poverty. He also sought to find out how this project shall be ensure that the local fisherman feels that it uplifts his standard of living – socially and economically. Shikami clarified that KEMFSED will be a bigger project that KCDP. There will be better planning and more empowerment on the local communities. Rose Koboge clarified that KEMFSFED isn’t like KCDP. It has components that will incorporate all regulations relating to marine and fisheries. Component 1 – infrastructure: 1.1 – Policy & Management. 1.2 BMU. 1.3 Fisheries – all headquarters to be placed under one roof. Hatcheries to be catered for, research

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centre to be based at Shimoni, Kwale County. Fish preservation / value add. 2nd component: Improving livelihoods of coastal communities. Be it maize farming or rearing chicken. Nobody will impose a project on you. It is you to decide. There will be civic education and capacity building. They will then be empowered to consult you on your priorities and wishes. You will be given proformers to list the projects and ask for support. KEMFSED will not discriminate or favour VMGs. They must be part of the community projects. Whatever you decide to do, if you don’t have the skills, you will be trained and equipped to do so. Today was only to explain about safeguards. Communities will be engaged at the appropriate time later. 3rd component: Planning, budgeting, costing She went in detail to describe the various components to the participants. Jacob Kokan, commended the WB for its Benjamin Kilaka, WB, assured the VMGs that policies and recognition of VMGs and in case of need to reach out to him / to escalate, minority groups. He asked whom they should he gave them the go ahead to take his number reach out to in the event of grievances, as they from the attendants list, to call or text him and often get victimized / drowned by the majority he will respond. groups. He asked if they will have a channel to air, otherwise we will be overrun. Jacob Kokan asked Jared Agano, the DG, Benjamin Kilaka, WB noted that KEMFSED KEFIS what measures had been put in place to Project is not for VMGs or any specific group. ensure top leadership have VMG That it is for everyone, but with a focus on representatives. ensuring VMGs are not left behind.

Jacob Kokan also questioned how Mr Kilaka reassured participants that the accountability / transparency will be ensured in frameworks have been prepared with M&E to procurement. ensure all frameworks are adhered to. If not, the WB can take drastic measures, even withdraw funds. He noted that indigenous people have rights too, and this is why there is a focus on them. Benjamin Kilaka, WB on WB feasibility, noted that the project will have pictures and videos taken throughout and shared with stakeholders. He urged them to ensure no undeserving project were covered. Benjamin Kilaka, WB also said that the WB follows up

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with the government to ensure money is used in the right way. On compensation, he asked Prof Syaga where Prof Syaga noted that if personal property is it is coming from, who is this who will decide affected, one will have to be compensated for to relocate and compensate them, yet they are displacement for the benefit of all. One will the ones to decide on projects. have to be given ample notice. Information will be given about how long livelihoods / social benefits will be interfered with before project completion. Prof Syaga also remarked that compensation isn’t only monetary. There are other benefits such as training, scholarship, loans to start businesses. Prof Syaga noted that a framework is like a policy / constitution. During implementation, reference shall be made to the framework. It will specify the shares for each interest groups. He said that further consultations in the next phase will be at the local level (chief’s / assist’s office) and that this is still a top level awareness phase. One participant’s noted that according to fisheries laws, one has to pay to be a member of a BMU. He also noted that a fisherman has to have a license. He faulted fishermen for not following the law. Saida Azwad, Kipini on vetting process, commented that they can’t register a fishermen in a BMU without background checks. She said that this is important for enhancement of security. Kombo on BMU representation / leadership Jared Agano, KEFIS on non rep of VMGs on recommended that the remaining 30%, 1/3 be BMUs pointed that BMU guidelines explain set aside for VMGs. BMU elections takes how different groups are supposed to be place every 4 years. How will VMGs be involved / represented. Boat owners are incorporated for those who have already held entitled to 30%, fishermen without boats to elections? 30%, fish mongers to 10% (proposal on to increase to 30%), others 10%. He hoped that even VMGs will find representation in the revised law since they don’t have numbers to vote them in. Kombo on civic education / capacity building, Benjamin Kilaka, WB said that civic education suggested that VMGs be educated on what will be done, but he couldn’t guarantee opportunities exist for them. capacity building from their side as it was the responsibility of the government.

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Kombo on valuation, also remarked that one Prof Syaga, on valuation/compensation, cannot contribute on compensation debate if clarified that valuation happens live, on site. It they don’t know their rights. starts with surveyor, beacons are placed. Ibrahim also noted that they (VMGs) don’t Where there is no registration, it’s called know their rights, there is no civic education, community land. They may not have yet there were clauses quoted about land, boundaries. In that case, the surveyors go back compensation and resettlement. He questioned to the law. In the event community land is how an illiterate person can bargain for fair taken, compensation goes to the county compensation. government (the trustee until it’s registered). Otherwise registered community gets compensated. Without that, county government is their representative. Regardless of ownership, surveyors go to the ground physically with the chief who knows the owners. Everyone appends their signature on the inventory. Prof Syaga advised participants to ensure community land is registered when they go back home. He assured them that they don’t have to understand the law for them to receive fair compensation because there are guidelines and market rates.

Adjournment The session came to an end at 5:30 pm. A participant led the gathering in a word of prayer.

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