SFG2851 REPUBLIC OF KENYA Public Disclosure Authorized MINISTRY OF ENERGY AND PETROLEUM KENYA PETROLEUM TECHNICAL ASSISTANCE PROJECT (KEPTAP) (ANNEXES) FOR STRATEGIC ENVIRONMENTAL AND SOCIAL ASSESSMENT (SESA) FOR PETROLEUM SECTOR IN KENYA Credit No.: 5526-KE Public Disclosure Authorized Contract No: KEPTAP/NEMA/CS-6 SUBMITTED TO: MINISTRY OF ENERGY AND PETROLEUM ATTENTION: PRINCIPAL SECRETARY, STATE DEPARTMENT OF PETROLEUM 24TH FLOOR, NYAYO HOUSE, SOUTH WING POSTA STREET/KENYATTA AVENUE NAIROBI, KENYA LEAD IMPLEMENTING AGENCY –NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY (NEMA) SUBMITTED BY: Public Disclosure Authorized AWEMAC – IMPULSO AWEMAC AFRICA WASTE AND ENVIRONMENT MANAGEMENT CENTRE Top Plaza, 4th Floor, Office Suite No. 8 Kindaruma Road, Off Ngong Road, Kilimani P.O. Box 14365-00100, GPO, NAIROBI Tel: (+254) (020) 2 012 408/ (0) 704 333 166 Email: adm@ awemac.co.ke / [email protected] www.awemac.co.ke Public Disclosure Authorized DECEMBER, 2016 1 Table of Contents Table of Contents .......................................................................................................................................... 2 ANNEX 1: SESA TERMS OF REFERENCE ................................................................................................ 4 ANNEX 2: MINUTES OF REGIONAL AND STAKEHOLDER WORKSHOPS HELD .............................. 1 ANNEX 2(A): MINUTES FOR THE STRATEGIC ENVIRONMENTAL AND SOCIAL ASSESSMENT (SESA) OF THE PETROLEUM SECTOR IN KENYA - CIVIL SOCIETY WORKSHOP HELD ON 19TH APRIL 2016 AT THE LAICO REGENCY HOTEL, NAIROBI CITY ............................................................ 1 ANNEX 2 (B): MINUTES FOR THE STRATEGIC ENVIRONMENTAL AND SOCIAL ASSESSMENT (SESA) OF THE PETROLEUM SECTOR IN KENYA–NAIROBI METROPOLITAN REGIONAL WORKSHOP HELD ON 5TH THURSDAY, MAY 2016 AT FAIRVIEW HOTEL, NAIROBI CITY ............. 1 ANNEX 2 (C): MINUTES FOR THE STRATEGIC ENVIRONMENTAL AND SOCIAL ASSESSMENT (SESA) OF THE PETROLEUM SECTOR IN KENYA–LAMU LOCAL WORKSHOP HELD ON THURSDAY, 12TH MAY 2016 AT MSAFINI HOTEL, LAMU TOWN ......................................................... 1 ANNEX 2 (D): MINUTES FOR THE STRATEGIC ENVIRONMENTAL AND SOCIAL ASSESSMENT (SESA) OF THE PETROLEUM SECTOR IN KENYA – MOMBASA REGIONAL WORKSHOP HELD ON 24TH, MAY 2016 AT THE KENYA SCHOOL OF GOVERNMENT, MOMBASA CITY ......................... 1 ANNEX 2 (E): MINUTES FOR THE STRATEGIC ENVIRONMENTAL AND SOCIAL ASSESSMENT (SESA) OF THE PETROLEUM SECTOR IN KENYA– NORTH RIFT REGIONAL WORKSHOP HELD ON 7TH TUESDAY, JUNE 2016 AT THE SIRIKWA HOTEL IN ELDORET TOWN, UASIN GISHU COUNTY ......................................................................................................................................................... 1 ANNEX 2 (F): MINUTES FOR THE STRATEGIC ENVIRONMENTAL AND SOCIAL ASSESSMENT (SESA) OF THE PETROLEUM SECTOR IN KENYA – WESTERN KENYA/SOUTH RIFT REGIONAL WORKSHOP HELD ON THURSDAY, 9TH JUNE 2016 AT THE KISUMU HOTEL-MASENO UNIVERSITY, KISUMU CITY ...................................................................................................................... 1 ANNEX 2 (G): MINUTES FOR THE STRATEGIC ENVIRONMENTAL AND SOCIAL ASSESSMENT (SESA) OF THE PETROLEUM SECTOR IN KENYA – ISIOLO REGIONAL WORKSHOP HELD ON MONDAY, 13TH JUNE 2016 AT THE NORTHERN GALAXY HOTEL, ISIOLO TOWN ........................... 1 ANNEX 2 (H): MINUTES FOR THE STRATEGIC ENVIRONMENTAL AND SOCIAL ASSESSMENT (SESA) OF THE PETROLEUM SECTOR IN KENYA– TURKANA LOCAL MEETING HELD ON THURSDAY, 23RD JUNE 2016 AT ST. TERESA PASTORAL CENTRE DIOCESE OF LODWAR TOWN, TURKANA COUNTY ..................................................................................................................................... 1 ANNEX 2 (I): MINUTES FOR THE STRATEGIC ENVIRONMENTAL AND SOCIAL ASSESSMENT (SESA) OF THE PETROLEUM SECTOR IN KENYA– NATIONAL SCOPING WORKSHOP HELD ON 30TH JUNE 2016 AT THE NATIONAL SCOPING WORKSHOP INTERCONTINENTAL HOTEL, NAIROBI CITY ............................................................................................................................................ 13 ANNEX 3: MINUTES OF KEY STAKEHOLDERS CONSULTED ............................................................. 2 ANNEX 3 (A): MINUTES OF KEY STAKEHOLDERS‘CONSULTATIONS IN NAIROBI........................ 2 ANNEX 3 (B): MINUTES OF KEY STAKEHOLDERS‘CONSULTATIONS IN LAMU ............................ 27 ANNEX 3 (C): MINUTES OF KEY STAKEHOLDERS‘CONSULTATIONS IN MOMBASA................... 34 ANNEX 3 (D): MINUTES OF KEY STAKEHOLDERS‘CONSULTATIONS IN ELDORET .................... 50 ANNEX 3 (E): MINUTES OF KEY STAKEHOLDERS‘CONSULTATIONS IN KISUMU........................ 51 2 ANNEX 3 (F): MINUTES OF KEY STAKEHOLDERS‘CONSULTATIONS IN ISIOLO ......................... 52 ANNEX 3 (G): MINUTES OF KEY STAKEHOLDERS‘CONSULTATIONS IN TURKANA ................... 54 ANNEX 4: EIA REPORTS REVIEWED .................................................................................................... 60 3 ANNEX 1: SESA TERMS OF REFERENCE 1.Introduction Until recently, Kenya had no known commercial reserves of petroleum, despite 50 years of exploration. Recent oil and natural gas discoveries have increased the national and private sector interest for onshore and offshore exploration of hydrocarbons in Kenya. These recent oil and gas discoveries may have a substantial transformational impact on the Kenyan economy, and have triggered new developments which require a re-design of the institutional set up to effectively govern the petroleum sector with clearly defined roles and responsibilities. Further, the development of petroleum sector reforms is necessary to help manage challenges in the management of the Petroleum Sector upon discovery of commercially viable oil and gas deposits. The discovery of oil and gas resources in Kenya presents great socio-economic opportunities and challenges for the country at large, as well as various challenges for environment protection in areas of high ecological and biodiversity significance. The National Environment Management Authority (NEMA) is among the Kenyan government key institutions that will benefit from the Kenya Petroleum Technical Assistance Project (KEPTAP), to be financed by a credit from the World Bank. Part of the credit is intended to support NEMA to undertake a Strategic Environmental and Social Assessment (SESA) for the oil and natural gas sector. The SESA will be conducted to present strategic recommendations for policies, plans, and programs that will guide environmental and socio-economic planning and decision making in the country. The SESA presents a unique opportunity for the country to systematically address environmental and socio-economic management issues pertaining to oil and gas activities in the context of sustainable development. 1.1. Kenya Petroleum Sector Strategic Plan and SESA As the SESA is to support the development of the Kenyan national strategic petroleum (conventional and unconventional, onshore and offshore) master plan, it has to be well incorporated into the planning process. An integrated approach is needed, meaning that frequent communication will be required between the plan developers and the team that works on the SESA. The integration of the following planning procedures is generally considered as good practice SESA for the Petroleum Sector. Strategic Plan SESA Process Scopi ng (SESA Consultant,NEMA as GoK Identify the stakeholders in the planning process and delegate, the World Bank) announce the start of the SESA process. Develop with all stakeholders a common vision on environmental, social, occupational safety and health risks, impacts, objectives, and alternatives. Check consistency of the new objectives with those in existing policies through inter-agency cooperation. Use the results of the above steps to define the scope of the SESA. 4 Assessment (SESA Consultant, Carry out the assessment, document its results NEMA as GoK delegate, the World and make these available. Bank) Ensure quality assurance of both SESA information and process. Decision-making (GoK, NEMA, MEP, Discuss with stakeholders what the results of the SESA other GoK Institutions) mean for decision making. Justify in writing the choices that have been made in the finally adopted policy or plan(s). Follow-up/monitoring (GoK, NEMA, Monitor the implementation of the adopted MEP, other GoK Institutions, the policies/plans, and discuss outcomes with stakeholders World Bank) and define actions to deal with unforeseen effects. NEMA has prepared the following Terms of Reference (TOR) for SESA that have been agreed by both NEMA and The World Bank. In order to further carry on the SESA process, NEMA intends to conduct public stakeholder meetings to discuss the TOR with the main objective of getting more views and comments on the TOR for the SESA which is a very important working tool in developing a sustainable oil and natural gas industry in Kenya. A consulting team (SESA consultant) will be hired based on procurement legislation to prepare the SESA. As part of the project, public stakeholder meetings are to take part throughout the SESA and will involve the local communities, civil society, national and county government agencies, oil and gas private sector, academic institutions, development partners, and non-governmental organizations. The consultant will conduct the SESA in general accordance with the latest edition of the National Guidelines for Strategic Environmental Assessment in Kenya, National Environment Management Authority (NEMA). In addition to the