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i ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK & INDIGENOUS PEOPLE’S PLANNING FRAMEWORK FOR THE KENYA COASTAL DEVELOPMENT PROJECT Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized

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Page 1: ENVIRONMENTAL AND SOCIAL MANAGEMENT ......PRA Participatory Rural Appraisal SAP Strategic Action Plan SWIOC South Western Indian Ocean Commission TDA Transboundary Diagnostic analysis

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ENVIRONMENTAL AND SOCIAL MANAGEMENT

FRAMEWORK & INDIGENOUS PEOPLE’S

PLANNING FRAMEWORK

FOR

THE KENYA COASTAL DEVELOPMENT PROJECT

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EXECUTIVE SUMMARY

This document presents the Environmental and Social Management Framework (ESMF) for the

Kenya Coastal Development Project (KCDP) of the Government of Kenya. KCDP is a 4-year

project which is anticipated to start at the end of 2010.

The aim of this project is to achieve greater value and improved livelihoods from sustainable

management of marine and coastal resources while strengthening conservation and sustainable

use of marine and coastal biodiversity. The project will target the following three geographic

areas of the coastal and marine environment. (i) offshore resources of the 200 nm EEZ; (ii)

inshore resources including coral reefs, fish, mariculture, forests and mangroves and (iii) land-

based resources of the coastal districts, particularly use of terrestrial resources that impact on

near and offshore marine resources.

The project has 4 components

• Component 1: Sustainable Management of Fisheries Resources with the objective of

increasing revenue earning potential of GoK through sound monitoring, control and

surveillance and a transparent process of licensing of foreign vessels. Other goals are to

promote research for value addition, market chain analysis, alternatives beyond reef

fishing and overall improvement of fisheries governance;

• Component 2: Sound Management of Natural Resources which aims to improve the

sound management and regeneration of natural resources and biodiversity in the

coastal and marine environment as well as provide assistance to communities in the

development of eco-tourism ventures;

• Component 3: Support for Alternative Livelihoods which aims to promote sustainable

livelihoods within a sound governance framework that includes spatial planning and

land capability mapping to identify sensitive areas, Integrated Coastal Management

(ICM), and compliance with environmental regulations and safeguards. Within this

institutional framework, the component aims to support community investments and

MSMEs and;

• Component 4: Capacity building, Monitoring & Evaluation System, Project Management

and Communication which aims to promote capacity in the project coordination and

implementation teams, promote dialogue amongst national partners and regional

stakeholders and develop a communication strategy for development outreach.

Although the project sites for the KCDP are yet to be determined, the potential impacts on the

environment and social-cultural aspects of these impacts have been assessed in this

Environmental and Social Management Framework (ESMF). Appropriate mitigation measures

have been proposed in the different sectors that would reduce the significance of the negative

impacts of the project. Important local and international legislation have also been reviewed in

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as well as World Bank Safeguard Policies. Several activities of the KCDP are already mitigatory in

nature and have been inbuilt into the project design. The cumulative nature of impacts from

MSME’s has also been recognized and an environmental screening process recommended. The

recommendations for monitoring and evaluation will be reviewed during the lifetime of the

project to improve the implementation of mitigation measures.

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TABLE OF CONTENTS EXECUTIVE SUMMARY .................................................................................................................................. ii

TABLE OF CONTENTS .................................................................................................................................... iv

LIST OF TABLES ............................................................................................................................................ vii

LIST OF FIGURES .......................................................................................................................................... vii

ACRONYMS ................................................................................................................................................ viii

ACKNOWLEDGEMENTS ................................................................................................................................. x

DEFINITION OF TERMS ................................................................................................................................. xi

1.0 BACKGROUND ................................................................................................................................... 1

1.1 Project development objectives and components ....................................................................... 2

1.3 Basis for the selection of the components ................................................................................... 3

1.3.1 Component 1: Sustainable management of fisheries resources ....................................................... 3

1.3.2 Component 2: Sound Management of Natural Resources ................................................................ 4

1.3.3 Component 3: Support for alternative livelihoods ............................................................................ 6

1.3.4 Component 4. Capacity Building, Monitoring & Evaluation System, Project Management and

Communication .................................................................................................................................................. 8

1.4 Program implementation plan ...................................................................................................... 9

1.5 Analysis of alternatives ................................................................................................................. 9

2.0 POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK ..................................................................... 10

2.1 National Legal Instruments ......................................................................................................... 11

2.1.1 The Environmental Management Co-ordination Act, 1999 (EMCA) ................................................ 13

2.2 International Legal Instruments .................................................................................................. 14

3.0 WORLD BANK ENVIRONMENTAL SAFEGURARDS POLICIES ............................................................ 15

3.8 Borrower’s capacity to implement the safeguard policy recommendations ............................. 23

4.0 INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS ........................................................... 23

5.0 THE PROJECT AREA ......................................................................................................................... 24

6.0 THE APPROACH OF THE KCDP IMPACTS ASSESSMENT ................................................................... 26

7.0 BASELINE INFORMATION ................................................................................................................ 28

7.1 The Physical Environment ........................................................................................................... 28

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7.1.1 Coastal Geology and geomorphology .............................................................................................. 28

7.1.2 Drainage and hydrology .................................................................................................................. 29

7.1.3 Oceanography ................................................................................................................................. 30

7.2 The Biological Environment ........................................................................................................ 31

7.2.1 Mangroves ....................................................................................................................................... 31

7.2.2 Seagrass beds ................................................................................................................................... 31

7.2.3 Coral reefs ........................................................................................................................................ 32

7.2.4 Sandy beaches and sand dunes ....................................................................................................... 32

7.2.5 Coastal forests .................................................................................................................................. 33

7.3 Cultural landmarks of the Kenyan coast ..................................................................................... 33

7.3.1 Indigenous people ............................................................................................................................ 34

7.4 Socio-economic activities along the Kenyan coast ..................................................................... 34

7.4.1 Artisanal Fisheries ............................................................................................................................ 36

7.4.2 Commercial Fisheries ....................................................................................................................... 37

7.4.3 EEZ Fisheries ..................................................................................................................................... 37

8.0 IMPACT EVALUATION OF PROJECT COMPONENTS ........................................................................ 37

9.0 ANALYSIS OF POSITIVE AND NEGATIVE IMPACTS AND MITIGATION MEASURES WITHIN THE

DIFFERENT SECTORS OF THE PROJECT ........................................................................................................ 38

10.0 ENVIRONMENTAL MANAGEMENT FRAMEWORK (EMF) ................................................................ 45

11.0 SCREENING OF SMALL PROJECTS .................................................................................................... 52

12.0 CONCLUSIONS AND RECOMMENDATIONS ..................................................................................... 52

13.0 REFERENCES .................................................................................................................................... 55

14.0 APPENDIXES ........................................................................................................................................ 57

14.1 ANNEX I ....................................................................................................................................... 57

14.1.1 List of specialists for the KCDP ESMF .............................................................................................. 57

14.2 ANNEX II ...................................................................................................................................... 58

14.2.1 Stakeholder consultations ............................................................................................................... 58

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14.3 ANNEX III ..................................................................................................................................... 61

14.3.1 Description of National Legal Instruments ...................................................................................... 61

14.4 ANNEX IV ..................................................................................................................................... 67

14.4.1 Description of historical and archaeological sites and cultural sites along the Kenya coast .. 67

14.5 ANNEX V ...................................................................................................................................... 69

14.5.1 Environmental Screening Of Micro-Enterprise And Small Projects ................................................. 69

14.5.2 Simple Environmental Review ........................................................................................................ 81

14.6 ANNEX VI ..................................................................................................................................... 82

14.6.1 Indigenous People’s Framework ...................................................................................................... 82

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LIST OF TABLES

Table 1: Summary of Kenyan Legislation that is relevant to the management of the marine and

coastal environment ............................................................................................................... 12

Table 2: International agreements relevant to coastal and marine resource management in .................. 14

Table 3: Summary of the World Bank Safeguard Policies ........................................................................... 19

Table 4: World Bank safeguard policies triggered by the KCDP ................................................................. 20

Table 5: Areas of potential impact by the KCDP ......................................................................................... 27

Table 6: Critical coastal and marine habitats in Kenya .............................................................................. 32

Table 7: Assessment of potential impacts of project activities on Fisheries .............................................. 39

Table 8: Assessment of potential impacts of project activities on coastal and marine habitats ............... 41

Table 9: Assessment of potential impacts of project activities in the MSME sector .................................. 43

Table 10: Assessment of potential impacts of project activities on indigenous people ............................ 45

Table 11: Environmental and Social Framework for the KCDP ................................................................... 46

LIST OF FIGURES

Figure 1: The Western Indian Ocean and the Member Countries participating in SWIOFP, SWIOFC,

ASCLME, and WIO-LaB ................................................................................................................... 17

Figure 2: Map of the Kenyan coast showing the coastal districts and terrestrial protected areas ............ 25

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ACRONYMS

ALRMP Arid Lands Resource Management Project

ASCLME Agulhas and Somali Current Large Marine Ecosystems Project

CBO Community Based Organization

CDA Coast Development Authority

CVF Coastal village fund

DWFN Distant Water Fishing Nation

EEZ Exclusive Economic Zone

EA Environmental Audit

EIA Environmental Impact Assessment

EMCA Environmental Management and Coordination Act

EMF Environmental Management Framework

EMP Environmental Management Plan

ESMF Environmental and Social Management Framework

ESMP Environmental and Social Management Plan

FAD Fish Aggregating Devices

FAO Food and Agriculture Organization

GEF Global Environment Fund

GIS Geographical Information System

GoK Government of Kenya

ICM Integrated Coastal Management

ICZM Integrated Coastal Zone Management

IDA International Development Association

IP Indigenous Peoples

IPP Indigenous Peoples Plan

IPPF Indigenous Peoples Planning Framework

KCDP Kenya Coastal Development Project

KEFRI Kenya Forest Research Institute

KMFRI Kenya Marine and Fisheries Research Institute

KWS Kenya Wildlife Service

LBA Lake Basin Authority

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LME Large Marine Ecosystems

MCS Monitoring Control and Surveillance

MMA Marine Managed Areas

MPA Marine Protected Area

MSME Medium and Small Micro-enterprises

NDF Nordic Development Fund

NEC National Environmental Council

NEMA National Environment Management Authority

NGOs Non-governmental Organizations

NRM Natural Resource Management

OP Operational Procedures

PAD Project Appraisal Document

PF Peoples Framework

PPP Public Private Partnership

PRA Participatory Rural Appraisal

SAP Strategic Action Plan

SWIOC South Western Indian Ocean Commission

TDA Transboundary Diagnostic analysis

UNCLOS United Nations Convention on Law of the Sea

UNDP United Nation Development Program

UNEP United Nation Environment Program

UNFCC United Nation Framework on Climate Change

WIOLAB West Indian Ocean Land Based Sources of Pollution

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ACKNOWLEDGEMENTS

The authors would like to acknowledge the invaluable assistance, advice and input provided by

members of the KCDP Project Management Team (Dr Jacqueline Uku -Project Coordinator and Dr Jared

Bosire – Component Leader). The authors would also like to acknowledge all personnel within the Kenya

Government lead agencies who provided important background information on the project. The authors

also recognize the Ministry of Fisheries Development and Director KMFRI for support. Finally, the

authors would like to acknowledge Dr Bill Lane who provided important guidance throughout the

process of developing this document as part of the World Bank Task Team.

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DEFINITION OF TERMS

Cumulative impacts effects: The total effects on the same aspect of the environment resulting

from a number of activities or projects.

Proponent: the entity – person, company, agency proposing to develop/implement/install a

new project or expand an existing project under the KCDP project

Direct impacts: An effect on the environment brought about directly by the KCDP sub-projects.

Disclosure: Information availability to all stakeholders at all stages of the development of

projects.

Environmental impact assessment (EIA): A comprehensive analysis of the project and its

effects (positive and negative) on the environment and a description of the mitigative actions

that will be carried out in order to avoid or minimize these effects.

Environment: physical, biological and social components and processes that define our

surroundings.

Environmental Monitoring: The process of examining a project on a regular basis to ensure

that it is in compliance with an Environmental Management Plan (EMP), or the Government of

Kenya (GoK) Environmental Impact Assessment (EM) certification of approval conditions and I

or environmental prescriptions.

Involuntary resettlement: The forceful taking of land resulting in, relocation or loss of shelter,

loss of assets or income sources, restriction of access to legally designated protected areas

resulting in physical displacement or a change of livelihood status.

Impact: A positive or negative effect that a project has on an aspect of the environment.

Indirect impact: A positive or negative effect that a project indirectly has on an aspect of the

environment.

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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 measures: The actions identified in an EIA to negate or minimize the negative

environmental impact that a project may have on the environment.

Pollution: contamination altering the state of purity (e.g. chemical effluent discharge into a

surface water body).

Project and sub-project: a set of planned activities designed to achieve specific objectives

within a given area and time frame.

Project Brief: The initial submitted document to NEMA to initiate the process that will lead to

the issuance of the EL4 certificate of approval.

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. In the case of

GoK, screening will place project into one of three environmental categories (1, 11 or 111).

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 cause.

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1.0 BACKGROUND

The coastal province is one of Kenya’s seven administrative provinces. The province covers an

area of 83,603 km² and has a population of 2,487,264 inhabitants according to the 1999 census.

The people living in the coastal area are amongst the poorest in the country with 62% of the

people living below the poverty line thus making the coast the second poorest of Kenya’s eight

provinces. About 34 percent of the population resides in urban areas along the coastline.

Additionally, immigration from rural to urban areas of the coast is increasing. Refugees fleeing

poverty and instability in Somalia also add to population pressures along the north coast.

Increased human concentrations heavily impact the marine resources and environment. The

resulting deterioration of the natural resource base further aggravates the vicious cycle of

poverty and associated decline in environmental quality.

The coastal area of Kenya is characterized by unique natural resources, which form the

economic basis of various activities, especially those based on tourism, fisheries and maritime

transport. These activities are vital to growth and development in the nation and in the region.

For example, coastal tourism represents 60 percent of total national tourism. However, too

many tourist hotels, over use of fragile coral reefs by local residents and tourists, excessive

fishing pressure in inshore areas, inappropriate land use in coastal districts, and poor

management of development over a long period have severely degraded the value of coastal

resources. The lack of proper management also means that valuable existing resources are

exploited without full benefit accruing to coastal residents or the national economy.

In view of this the Kenya Coastal Development Project (KCDP) has been developed with the aim

of strengthening public sector management in all of the participating sectors within the coast. It

is anticipated that this will promote growth in the key sectors through enhanced productivity

and good governance; reduce poverty through the provision of services, technical assistance,

improved access to markets, promotion of public private partnerships thereby improving

resilience and reducing vulnerability in a changing climate.

The KCDP will be supported by IDA, the GEF and possibly the Nordic Development Fund (NDF).

The IDA funding will be US$35million and GEF will provide co-financing of US$5million. The GEF

funds comprise a grant from the Africa Strategic Partnership for Fisheries, a strategic grant for

the Africa Region. Dialogue is underway with NDF which is likely to support adaptive

management strategies to reduce vulnerability and improve ability for resilience of coastal

communities and biodiversity to climate change. This funding from NDF may be categorized as

co-financing or parallel financing.

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1.1 Project development objectives and components

The development objective of the KCDP is to achieve greater value and improved livelihoods

from sustainable management of marine and coastal resources while strengthening

conservation and sustainable use of marine and coastal biodiversity.

The project will target the following three geographic areas of the coastal and marine

environment. (I) offshore resources of the 200 nm EEZ; (ii) inshore resources including coral

reefs, fish, mariculture, forests and mangroves and (iii) land-based resources of the coastal

districts, particularly use of terrestrial resources that impact on near and offshore marine

resources.

The project will be implemented through the following components requiring US$47 million

(inclusive of contributions from the Government of Kenya and the NDF) as follows:

• Component 1: Sustainable Management of Fisheries Resources with the objective of

increasing revenue earning potential of GoK through sound monitoring, control and

surveillance and a transparent process of licensing of foreign vessels. Other goals are to

promote research for value addition, market chain analysis, alternatives beyond reef

fishing and overall improvement of fisheries governance. (US$7.96m)

• Component 2: Sound Management of Natural Resources. This component aims to

improve the sound management and regeneration of natural resources and biodiversity

in the coastal and marine environment. A related goal is to identify biodiversity products

and markets that will assist in promoting eco-tourism and spin-off industry. The value

and future role of natural resources in Kenya’s future development is articulated in

Vision 2030. (US$8.01m)

• Component 3: Support for Alternative Livelihoods. This component aims to promote

sustainable livelihoods within a sound governance framework that includes spatial

planning and land capability mapping to identify sensitive areas, Integrated Coastal

Management (ICM), and compliance with environmental regulations and safeguards.

Within this institutional framework, the component aims to support community

investments and MSMEs. ($18.47m)

• Component 4: Capacity building, Monitoring & Evaluation System, Project

Management and Communication. This component aims to promote capacity in the

project coordination and implementation teams, promote dialogue amongst national

partners and regional stakeholders and develop a communication strategy for

development outreach. (US$2.35m)

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1.3 Basis for the selection of the components

A large percentage of the targeted beneficiaries within this project are the population living on

the coastal margin, and they are some of the poorest in Kenya. Inshore fish catches are on the

decline due to overfishing, use of destructive fish gears and habitat degradation. Domestic

exploitation of off-shore fisheries is low therefore there was a need to focus activities of this

project on improving management and sustainable exploitation of the fisheries resources in

Kenya. Additionally, sound management of the EEZ fishery resources, will benefit all citizens of

Kenya since the revenue will accrue to the National Treasury. Managing natural resources

particularly along the coast and in wildlife areas has received attention in the Vision 2030 as a

critical element for promoting tourism as an engine of growth in Kenya.

Given the lack of employment opportunities, particularly for coastal youth and women, there is

a critical need to identify and invest in micro, small and medium scale enterprises, skills

development, the promotion of public/private partnerships. At the same time there is a

significant need to promote value addition to the products of fishermen and farmers, identify

markets and facilitate access to credit. The different specialized assessments that will be carried

out will identify new biodiversity products, new economic opportunities and tourism circuits.

Improved cooperation with regional neighbors (Tanzania), in line with the East African

Cooperation initiative, will reduce costs of surveillance and promote new and larger tourism

circuits. On the Northern border, a serious threat exists relating to piracy which requires a

coordinated response by a number of several institutions in Kenya, to protect marine resources

and also the security of Kenyans living adjacent to the border. All these aspects were

considered in the development of the project components and project activities.

1.3.1 Component 1: Sustainable management of fisheries resources

The Project will support the reform of the governance of fisheries, particularly in the Kenyan

200 mile EEZ. The support will include legislation and regulatory review, capacity building and

the strengthening of VMS and MCS. The project will support the establishment of regional

linkages with support from SWIOF. The support will also include negotiations support relating

to rights of access for distant water fishing nations (DWFN) to the Kenyan 200 mile EEZ.

This component will also address the need for promoting value addition, access to markets and

credit for more sustainable and profitable fishing practices, mariculture, and for promoting

non-consumptive activities in support of the tourist sector. Activities under this component

would support development of pilot public-private partnerships in mariculture ventures such as

crab fattening, seaweed farming, shrimp/crustacean culture and village owned FAD fishery.

Technical extension services and business service advice will be provided to promote micro and

small enterprises for new uses of marine and coastal resources. The sub-components are briefly

outlined below:

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Sub-Component 1.1. Sustainable management of offshore and nearshore fisheries resources

The outcomes of this sub-component are (a) Quality Control and Value addition System

designed and effectively operated; and (b) Cost-effective Monitoring Control and Surveillance

(MCS) Program for Kenya Exclusive Economic Zone (EEZ) flagged vessels and high seas

strengthened and supported. Activities include (i) demand driven research for value addition;

(ii) implementation of the value chain strategy (infrastructure construction); (iii) strengthening

of the Fisheries Competent Authority and its research capacity; (iv) conducting a value and

market chain analysis including eco-labelling benefits and value enhancement strategy; (v)

review and recommend changes to the MCS capability; and (vi) implement the MCS strategy in

coordination with the SWIOFP Program.

Sub-Component 1.2. Fisheries governance and research in Kenya

Three outcomes are expected from this component. They are: (a) Efficient Fisheries

Management System well-designed, developed and functional. (b) Research and Data

development established; and (c) Fisheries Governance improved. Activities include: (i)

establishing a Fisheries Implementation Unit responsible for the administration, logistics,

project support, supervision and monitoring and evaluation; (ii) Increasing awareness, capacity

building for coastal communities; (iii) developing three fishery specific co-management plans;

(iii) research to support stock assessments for 10 priority species (in coordination with

SWIOFP); (iv) promoting FADs; (v) promoting artisanal fishing alternatives beyond reef; (vi) by-

catch mitigation (turtles); (vii) aquaculture technology baseline surveys; (viii) developing

technology for Spatial Mapping of Fisheries; (ix) review and strengthening of the legislative

framework for fisheries; (x) reform of the existing management, licensing and cost structure of

foreign and other high seas vessels.

Sub-Component 1.3. Fish production through sustainable aquaculture development

Expected outcome is the promotion of sustainable aquaculture development. Activities include:

(i) demand driven research for aquaculture; (ii) rehabilitating and constructing hatcheries,

artemia processing and quality assurance laboratories; (iii) establishing shrimp and finfish

culture demonstration/pilot farms in Ngomeni and Gazi and (iv) establishing seaweed farming

1.3.2 Component 2: Sound Management of Natural Resources

Kenya’s Vision 2030 highlights value addition to products and services. According to the vision,

tourism will be a leading sector in achieving the goals. Specific strategies mentioned for

realizing the goals emphasize an aggressive strategy to develop Kenya’s coast (north and

south), increasing the country’s premium safari parks, creating new high value niche products

(e.g. cultural, eco-sports and water-based tourism) (Vision 2030). In keeping with the

government’s goals, the objective of this component is to improve sustainable management

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and regeneration of natural resources and biodiversity in the near shore coastal and marine

environment. The vision of this component is to understand and conserve the unique coastal

biodiversity and its natural resources as the basis for sustainable development. Activities under

the component will promote sustainable tourism and new and alternative types of livelihoods.

Technical advice will be provided to coastal communities to improve the sustainability of

current livelihoods.

Optimal use of natural resources requires careful planning based on good information on the

distribution of various resources and their condition. Fundamentally, this requires knowledge of

the underlying land capability, the baseline state of these resources, the rate at which they

change and the associated infrastructure. The existing understanding of the resource base is

limited, posing a challenge to decision-making and sustainable resource exploitation. The

existing information is fragmented, inaccessible or stored in incompatible media. The sub-

component aims to collect and collate the relevant data in a GIS information management

system for decision support and wise use of the coastal and marine resources.

There are four sub-components under this component.

Sub-Component 2.1. Biodiversity & natural resources assessed and an integrated information

system developed

Outcomes include: (a) GIS template developed and populated to establish baseline information

on the status of natural resources at the coast. (b) Improved information on the status of

natural resources, their ecological threats, economic valuation and resource use patterns

collected and interpreted. Activities include: (i) the creation of a coastal biodiversity

information management system; (ii) coastal biodiversity data collation, biodiversity

information gap analysis, specialized surveys of flora and fauna in Arabuko-Sokoke, Boni-Dodori

and Kiunga forests; biodiversity assessments in Kisite-Mpunguti, Shimba Hills and Mombasa

Marine National Park, (iii) biodiversity assessment in all proposed community conservation

areas Shimoni, Marereni, Assakone, (iv) development of a uniform biodiversity monitoring

protocol and implementation of the biodiversity monitoring protocols in all key biodiversity

hotspots, (v) conduct a strategic impact assessment in all protected areas and develop

mitigation strategy for identified threats and (vi) conduct economic valuation for Shimba Hills

and Malindi - Watamu Marine Protected Areas

Sub-Component 2.2. Management plans, guidelines and strategies for sound management of

biodiversity & natural resources developed

Outcomes include: (a) management plans for Coastal Mangrove ecosystems, (b) development

of new conservation areas in Boni Dondori N.R., Witu, Assakone and Marereni which will be

promoted by formulating new management approaches and facilitating their implementation

(c) guidelines for management of critical habitats in Tana Delta implemented; (d) key

transboundary initiatives at Kisite Mpunguti and Shimba Hills, between South Coast in Kenya

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and Tanga, Pangani, Zanzibar and Pemba in Tanzania promoted and facilitated; (e) conservation

strategies of endangered species and habitats (i.e. sea turtles, coral reefs and Dugong)

supported; and (f) Elephant corridor linking Arabuko-Sokoke to Tsavo East N.P. identified and

secured.

Sub-Component 2.3. Capacity building & institutional Support

Main outcomes include: (a) institutional staff and local community members enhanced, (b) best

practices on resource utilization and management learnt by community & institutional

exchange visits; (c) Enhancement of the capacity of community groups and CBOs across the

coast; (d) capacity of tourism stakeholders in industry governance strengthened; (e) state of the

art aquarium, laboratory and visitors information center in an Mombasa MPA supported

Sub-Component 2.4. Research & Technology for Extension Services & Development of Cottage

Industries

Main outcomes include: (a) the review of existing natural resources and new biodiversity

identified (b) technical and extension services for GoK agencies in place; (c) 10 appropriate

technologies and products packaged and rolled out.

Sub-Component 2.5. Tourism & Cultural Heritage Enhanced

Key outcomes expected include: (a) information on existing tourism infrastructure, assets and

activities collected and tourism opportunities for the coast identified; (b) new biodiversity

products identified; (c) Tourism circuits in Kiunga/Lamu, Mombasa, Malindi/Watamu/Arabuko-

Sokoke and south coast Kenya, Tanga, Pangani and Zanzibar and Pemba developed; (d)

package tourism products to strengthen tourist circuit developed and marketed.

1.3.3 Component 3: Support for alternative livelihoods

This component has 5 interlinked sub-components:

Sub-Component 3.1. Spatial Planning

Key outcomes include: (a) Reinforcement of institutional capacity and community awareness on

planning issues developed; and (b) A land use framework developed and implemented to guide

the sustainable use and development of the Kenyan Coast. Activities include: (i) rehabilitation

and refurbishment of provincial and district offices; (ii) Capacity building of the spatial planning

team and sensitization of communities on land use planning; (iii) preparation of land use plans

(coast province land use plan at a scale of 1:100,000; 4 district/regional land use plans at a

scale of 1: 50,000 ; 16 area action land use plans at ward level at a scale of 1:5,000; (iv)

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preparation of land capability plans (coast province land capability plan at a scale of 1:100, 000;

4 district/regional land capability plans at a scale of 1: 50,000; 16 area action land capability

plans at ward level at a scale of 1:5,000

Sub-Component 3.2. Environmental Governance

Key outcomes include: (a) National Environment Management Authority (NEMA) reinforced to

implement the Coastal Governance Sub-component; (b) Integrated coastal zone management

(ICZM) framework implemented; (c) Legislative and regulatory framework harmonized ; (d)

Compliance and enforcement enhanced. Activities include: (i) development and

implementation of ICZM awareness strategy; (ii) development and implementation of

incentives on environmental awards schemes to recognize good practice in environmental

conservation; (iii) development of resource use conflict resolution mechanisms; (iv) training of

the ICZM Steering Committee on ICZM Policy Formulation, Action Planning, Implementation

and Monitoring; (v) strengthening of EA regulations and guidelines to address environmental

degradation from mining activities along the Coast; (vi) harmonization of relevant legislation

(EMCA, Wildlife, Fisheries, physical planning Act, Survey Act); (vii) sensitization of PEC, DECs &

CBOs on existing environmental legal and regulatory frameworks; (viii) capacity building for

lead agencies on EIA/EA review process; (ix) promotion of best practices identified on effluent

discharge in two hotels; (x) implementation of the Environment Management Framework

(EMF) on community based projects; and (xi) undertaking joint enforcement operations with

relevant lead agencies

Sub-Component 3.3. Microenterprise Development

This component aims to promote MSMEs through research, technological support, extension

services, training for business development and public private partnerships. Most coastal

communities comprise artisanal fishermen and subsistence farmers. Due to inefficient,

rudimentary production techniques and equipment, and inadequate alternative livelihood

opportunities, there is considerable inefficiency and wastage in production systems. The

situation is further exacerbated by the lack of, and access to markets for products and

technologies for value addition and product development. Additionally, the implementing

agencies are also not well facilitated to deliver the needed extension services to promote

technology adoption and best practice promotion. Key outcomes expected from the sub-

component include: (a) Coastal Development Agency's physical operation and personnel

enhanced; (b) Program implementation arrangements and subcontracting in place; (c) BDS

services facilitated; (d) flow of private public equity/financing to viable SME’s in promising

sectors (Mango, Cashew, Jatropha and Fishing) increased. Activities include: (i) purchase of

equipment and physical improvements; (ii) training of staff; (iii) undertaking focused micro-

studies on value chains in selected sub-sectors in the programme areas; (iv) provide Business

Development Services (BDS) for small enterprises; (v) establish Business Resource Centers for

capacity building; (vi) establish viable cottage level value addition activities in 5 subsectors; (vii)

establish a Private Public Partnership (PPP) Fund

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Sub-Component 3.4. Making finance available to MSMEs at affordable rates.

The Project will work with existing, or help start new, financial self help groups to find

opportunities to increase membership to the point where a group can afford to hire permanent

staff. Once a group reaches this size, the project will provide assistance to establish simple

financial management processes, a simple credit assessment, a governance process and a grant

for an office and basic equipment. The project will also provide oversight and regular

supervision and advice to the self-help group for at least 1 year. The project will also assist

interested individuals to form production cooperatives that may or may not be linked to the

financial self-help groups described above. This support would target small holders, small

mariculturists or fishermen that would not be able to afford the inputs or produce the volume

of products needed to take full advantage of alternative livelihoods in the coastal zone.

Assistance would include establishing a partnership agreement, a simple business plan,

technical extension advice, and hand-holding through the business licensing process.

Sub-Component 3.5. Coastal Village Fund (CVF)

The purpose of the CVF is to leverage construction of village infrastructure and changes from

damaging activities to more sustainable and profitable alternative livelihoods supported under

the KCDP. Although the exact number of sub-projects supported under this subcomponent will

depend on demand estimated during preparation, up to 300 of these small grants, at an

average value of $20,000 each, are likely to be dispensed. Groups receiving grants will be

expected to contribute cash or “in-kind” to the objective of the grant.

Identification of an efficient and transparent delivery mechanism for such a large part of the

KCDP is critical. Management of the CVF will be through the district structures already in place

to service coastal CVF under the Arid Lands project (ARLMP II). The ARLMP II will establish a

“window” within the project for funds from KCDP to ensure easier accountability and greater

transparency. The two projects will agree on the type of projects (a “negative list” will be

established) that are eligible for funding through this window, but selection, disbursement and

sub-project monitoring will follow the process set up by the Arid Lands project. The selection of

the Arid Lands to facilitate service delivery is due to the project’s success. Another lesson

learned is a similar process established within the Tanzania Marine and Environmental

Management Project in partnership with the Tanzania Social Action Fund 2.

1.3.4 Component 4. Capacity Building, Monitoring & Evaluation System, Project

Management and Communication

The outcomes include: (a) Project Management Team strengthened to manage and coordinate

KCDP supported activities; (b) institutional capacity increased; (c) an Information &

Communication Strategy developed and implemented to increase public awareness at local and

regional levels of project goals and activities; (d) an effective Monitoring and Evaluation System

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(M&E) developed; and (e) skills of project leaders enhanced to handle project implementation.

Activities include: (i) Policy & Technical Steering Committee Consultations; (ii) meetings of the

Project Implementation Committee; (iii) meetings of the Coast Area Committee; (iv)

Parliamentary outreach for policy purposes; (v) strengthening of regional cooperation by visits

to strategic partners in the region; (vi) development of Memorandum of Understanding with all

partners; (vii) development and equipping of office space for the project management staff;

(viii) enhance mobility of the project management staff; (ix) strengthening the procurement

and financial capacity; (x) engagement of communication specialist to develop the Information

& Communication Strategy ; (xi) development of an effective Monitoring & Evaluation System;

(xii) short and long term training for project leaders and other staff.

1.4 Program implementation plan

The Project will focus investment in a phased manner, in all areas in all coastal districts. This

includes both the coastal strip and the interior areas of each coastal district. However, the

implementation will be tranched with a pilot area being implemented first before rolling the

Project out to the other coastal districts.

1.5 Analysis of alternatives

The proposed project design is a result of one year of discussions and negotiations with project

partners drawn from ministries of the Government of Kenya and stakeholders from NGO’s and

CBO’s. Project preparation involved consultations at various levels with discussions focused on

poverty eradication and livelihood options and the foreseen impact of KCDP. Several scenarios

have been considered should there be no project and they are listed below:

If there is no project: The people living in the Kenyan coastal area are amongst the poorest in

the country with 62% of the people living below the poverty line thus making the coast the

second poorest of Kenya’s eight provinces. Implementation of sound projects that deliver clear

and measurable benefits to coastal communities, opportunities for knowledge exchange and

capacity building and natural resource management skills would have a significant impact on

the livelihoods and quality of life to the communities involved in this project. These things are

unlikely to occur without KCDP.

The project was initially conceived as an environmental project with sustainable fisheries as its

core. However, it was redesigned as a development project with a focus on conservation and

development, reducing poverty along the coast through the promotion of MSME’s, training,

access to technology, markets and affordable credit. The alternative of designing a conservation

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project was considered and rejected in view of the extreme poverty and social issues along the

coast. Other alternatives discussed included (a) having a larger number of components, (b) a

Coastal Village Fund managed by KMFRI or all of its partners. The alternative selected reduced

the complexity of the project. The Arid Lands Resources Management Project (ALRMPII) project

that has been tried and tested as being successful in the delivery of resources to communities

was selected.

Budgetary support: KCDP is in line with the priorities of Vision 2030. On its own the

Government of Kenya would not be able to meet the targets of this vision thereby the input of

development partners like the World Bank would provide a higher probability of achieving the

goals of the vision for the coastal region. Focus on environmental impacts and the mitigation

measures that are inbuilt in KCDP provide strong linkages between environmental integrity and

the reduction of coastal poverty. The budgetary support would provide for greater monitoring,

supervision and evaluation for proposed development activities.

No environmental governance component: The original project was conceived without a focus

on environmental governance issues of the Kenyan coast. Its absence would have meant that

the project activities would overlook compliance to provisions of sustainable use in relevant

legislation and in particular environmental rules and regulations.

Implementation of Community Village Fund by the KCDP management team: Implementation

of the Community Village Fund (CVF) by the KCDP management team was considered and the

alternative of a link between the KCDP and the ALRMP II supported by the World Bank. KCDP

would provide funds to ALRMP II to deliver resources and services to coastal communities using

the same mechanisms and approaches that have been integrated into ALRMP II. As the project

has been in existence for several years, KCDP would benefit from its successes in implementing

CVF within coastal communities.

2.0 POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK

There are a large number of legislation that apply to activities along the coast. The coastal zone

of Kenya is well served with legislation to provide for the protection and management of

coastal and marine resources. However, implementation of the applicable statutes is hampered

by many obstacles including: lack of appropriate regulations in support of the legislation,

inadequate capacity and governance, inadequate information and lack of human resources,

skills and equipment for monitoring, control and surveillance.

In terms of environmental protection and management in Kenya, the main framework and

institutional arrangements are contained in Environmental Management and Co-ordination Act

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(EMCA) (1999). In addition to this there are numerous sectoral laws and institutions, as well as

central and sectoral policy instruments governing aspects of management within the sectors.

These include National Development Plans and sector and area specific policy papers that guide

development as well as protection, conservation and management of the environment.

Kenya is also a signatory to several international environmental treaties and has ratified some

of them. The obligations derived from these treaties have also to be taken into account along

with the national legislation. Kenya is a part of the international environmental community and

is obliged to abide with international environmental principles. Kenya is also part of three

regional programmes, SWIOPF, ASCLME and WIO-LaB which also function within these

environmental principles.

With respect to the KCDP, applicable policies and issues include conservation and management

of natural resources, coastal development, physical alteration and destruction of habitats,

effect on fisheries and other marine living resources, archeological artifacts, cultural property

etc.

There are up to 77 statutes relevant for the protection of the environment. They relate to land

use, water resources, environmental and occupational health, and pollution. EMCA 1999 and its

subsidiary regulations do have explicit EIA provisions. They include the substantive

requirements for EIA as well as the procedural details for carrying out satisfactory EIA

(Appendix A). Some legislation of direct relevance to this project are further highlighted.

2.1 National Legal Instruments

Table 1 outlines all relevant legislation and Annex III describes these legislations.

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Table 1: Summary of Kenyan Legislation that is relevant to the management of the marine and coastal environment CAP Year

enacted

Legislation Linkages to KCDP

347 1967 Irrigation Act Although there are no large scale activities proposed under KCDP, the project will promote best use of available water resources in the pilot

areas

312 1977 Continental Shelf Act Some KCDP activities such as fishing will be implemented in the continental shelf

391 1979 Kenya Ports Authority Act Through development of special plans KCDP project will delineate areas for port development in Lamu.

295 1983 Land Acquisition Act KCDP hopes to empower community rights on land. Projects on village land under KCDP will require agreement by local council and village

authorities

409 1983 Lakes and Rivers Act ICZM issues are complex, KCDP will use this Act in promoting good stewardships of rivers and lakes along the coast

376 1985 Wildlife Conservation and

Management Act

Improved conservation of biodiversity through KCDP will directly contribute to the objective of this Act. The Act supports conservation and

protection of the environment, both terrestrial and marine

303 1986 Physical Planning Act An important activity of KCDP will be to develop land use plans for the coastal region as entailed in the Act.

318 1986 Agriculture Act In the agricultural sector KCDP will promote commercial plantation of farm forests and fruit trees as well as establish cottage industries,

including; processing, packaging and marketing

308 1986 Petroleum (Exploration and

Production Act

Although not directly related to the project, the land use plans to be developed under KCDP will provide potential areas for the energy sector

306 1987 Mining Act Mining activities on land affect marine environment. Using spatial plans KCDP will delineate areas of exploitable mineral resources including

building sand

382 1988 Kenya Tourist Development

Corporation Act

The Act policy strategies with respect to tourism development in the country. Further, the Act describes general approaches for achieving

local benefits and community participation. Some KCDP activities will work to empower communities through ecotourism

302 1989 Land Control Act Spatial plans to be developed under KCDP will guide future development of coastal area

371 1989 Maritime Zones Act A large part of KCDP activities in fisheries will be implemented in maritime zone.

381 1990 Tourist Industry Licensing Act KCDP hopes to promote fair play in tourism sector through promotion of ecotourism.

378 1991 Fisheries Act The entire fisheries component of KCDP has been developed in line with the Act. The Act focuses on management and enforcement of fishing,

aquaculture development, and conservation of fish and fish habitat

443 1991 Tana and Athi Rivers

Development Authority Act

Tana basin which is covered by the Act is an important pilot area for KCDP

449 1992 Coast Development Authority Act By bringing development at the coast, KCDP will be contributing directly to the objectives of the Act

265 1998 Local Government Act KCDP will work to empower Local Authority in the pilot areas (of Tana river and Lamu districts) to achieve its development objectives

1999 Environmental Management and

Coordination Act

KCDP will prepare and co-ordinate implementation of Environmental Action Plans, public awareness and education programmes, and

provision of environmental advice and technical support in line with the Act

371 2002 Water Act KCDP will promote wise use of available water resources through integrated watershed management and recycling of wastewater

385 2005 Forests Act KCDP will contribute better management of coastal forests including mangroves through; forest inventory, reforestation of degraded area,

and development of joint management plans. Further, KCDP will promote the development of community-based forest management(CBFM)

in line with the Act

2006 Energy Act KCDP will contribute to sustainable energy utilization by promoting use renewable energy sources like establishment of farm woodlots

(Source: State of the Coast Report, 2008)

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2.1.1 The Environmental Management Co-ordination Act, 1999 (EMCA)

This is the most important legislation that will govern the implementation of this project along

the Kenyan coast. This Act, which came into force in 2000, is the main law concerning

environmental conservation and management. It is administered by the National Environment

Council (NEC) and implemented by the National Environmental Management Authority

(NEMA). The main EIA authority is NEMA and all formal applications, certificates and processes

are dealt by the said Authority. One of NEMA’s key directorates is concerned with EIA and

Environmental Audits (EA).

To facilitate coordination of environmental matters at a District level, EMCA 1999 has provision

for the creation of District Environmental Committees chaired by District Commissioners, and

the appointment of a District Environmental Officer who oversees environmental coordination

and is also secretary to the DEC.

Section 58 of EMCA requires that an Environmental Impact Assessment is undertaken for all

development activities proposed to be implemented in Kenya. This requirement was

operationalised by NEMA through its publication of the Guidelines for the Conduct of EIAs and

Environmental Audits (Kenya Gazette Supplement No. 56 of 13th June 2003). The framework

for environmental assessment in Kenya and a description of types of development that should

be subjected to environmental impact assessment are outlined in Legal Notice 101 and the

Second Schedule of EMCA respectively.

The Act gives credence to the fact that the environment constitutes the foundation of national

economic, social, cultural and spiritual advancement. It further defines EIA as a systematic

examination conducted to determine whether or not a programme, activity or project will have

adverse impacts on the environment. In the Act, projects that are likely to have a negative

impact on the environment must be subjected to an EIA. Section 55 deals with the protection of

the Coastal Zone as a whole and makes various provisions for the protection and management

of coastal zone resources. Section 68 requires all on-going projects to have an environmental

audit (EA) annually with a view to finding out if the processes and activities have any negative

impacts on the environment and to propose mitigation measures to counter such impacts.

The second schedule of the Act details the type of projects for which an EIA must be carried

out. They include, general projects, urban development, transportation, dams, rivers and water

resources, mining and quarrying, forestry, agriculture etc. The KCDP falls into some of these

categories. Since the advent of EMCA, all sectoral laws require that EIAs be undertaken for all

major projects touching on the sectors. Through the process of public disclosure demanded for

all EIA reports, all proposed developments are subjected to public debate which facilitates

development of a public position.

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2.2 International Legal Instruments

Table 2 shows the international legal arrangements that Kenya is party to.

Table 2: International agreements relevant to coastal and marine resource management in

Kenya

International agreement Focal area Linkages with KCDP

African Convention on the Conservation of Nature

and Natural Resources, 1968 (as revised in 2003).

Natural Resource

Conservation

KCDP activities (particularly in forestry and

fisheries) will enhance conservation of natural

resources.

Convention On Wetlands of International

Importance (Ramsar Convention), 1971

Wetlands

Members are required to manage wetland

sites in such a way as to avoid changes in their

ecological character.

UNESCO Convention Concerning The Protection

Of The World Cultural And Natural Heritage

(1972)

Culture and Heritage Potential KCDP activity sites (e.g. Kaya forests)

are recognized World Cultural Heritage Sites.

Washington Convention On International Trade In

Endangered Species (CITES, 1973)

Trade

Development of fisheries through KCDP

activities including changes to the

management of the EEZ, must exclude any

trade of endangered species.

Bonn Convention On The Conservation Of

Migratory Species Of Wild Animals (CMS, 1979)

Wildlife

There are migratory marine species that will

be potentially impacted by KCDP – in

particular, Dugong is a listed species under

the convention.

UN Convention on the Law of the Sea (UNCLOS)

1982

Oceans Governance

KCDP activities allows management of EEZ

and natural resources within

International Convention for the Prevention of

Pollution from Ships, as amended in 1978

(MARPOL 1973/78)

Ship-based Pollution

Although peripheral to KCDP, the

transportation of oils by ships could impact

the marine environment should a spill occur.

Convention for the Protection, Management and

Development of the Marine and Coastal

Environment of the East African Region with its

Protocols (Nairobi Convention, 1985)

Coastal and Marine

Conservation

KCDP objectives and activities are consistent

with the elements of the Nairobi Convention

Convention on Biological Diversity (1992) Biodiversity

Achievement of KCDP objective to improve

the management of coastal and marine

resources will contribute directly to the

conservation of biological diversity.

United Nations Framework Convention on

Climate Change (UNFCCC 1992)

Climate Change

Reduced emissions from avoided forest

degradation along the coast is one of the

objective of KCDP

Global Programme of Action for the Protection of

the Marine Environment from Land Based

Activities (1995)

Marine Environment KCDP will complement activities of GPA

through sustainable forest management,

development of livelihood opportunities, EAI

etc.

International Convention on Oil Pollution

Preparedness, Response and Co-operation (1990)

Oil pollution Coastal and marine environment in Kenya are

threatened by oil pollution. Some KCDP

activities may be linked to the National Oil

Contingency Plan

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3.0 WORLD BANK ENVIRONMENTAL SAFEGURARDS POLICIES

This project is classified in Category B. Its potential adverse environmental impacts are

expected to be few and site specific. Any negative impacts are mitigated through KCDP’s own

design features. This ESMF has been designed to fully comply with national environmental

codes and legislations in Kenya and with the World Bank’s environmental and social safeguard

policies. As part of the ESMF process, proposed micro-projects under KCDP will be designed at

the local level to ensure that they are screened for potential impacts and that they comply with

the requirements set out under World Bank safeguard policies.

The following World Bank safeguards have been considered and the possibility of triggering

them has been considered in this ESMF.

1. Environmental Assessment (OP/BP 4.01)

2. Natural Habitats (OP/BP 4.04)

3. Forests (OP/BP 4.36)

4. Cultural Resources (OP/BP 4.11)

5. Indigenous Peoples (OP/BP 4.10)

6. Involuntary Resettlement (OP/BP 4.12)

7. Pest Management (OP 4.09)

8. Safety of Dams (OP/BP 4.37)

9. Projects in Disputed Areas (OP/BP 7.60)

10. Projects on International Waterways (OP/BP 7.50)

This project will have positive environmental impacts. The potential negative impacts are (i)

restriction of access to fisheries through improved management of the marine conservation

areas; (ii) short-term reduction in income to artisanal fisheries engaged in illegal or

unsustainable fishing activities due to strengthened MCS; (iii) development impacts from sub-

project investments from CVF; and iv) potential cumulative impact of many new micro, small,

medium size enterprises near environmentally sensitive areas that are undertaking similar

activities.

An evaluation of the existing legal framework and institutional structure for monitoring and

controlling impacts indicates that the framework is adequate. Principal weaknesses are

associated with implementation at the decentralized level where capacity is very weak. With

regard to impacts associated with marine parks, support to communities within the parks for

sustainable livelihoods, access to markets, technology and credit are expected to mitigate the

issue. For sub-project investments, KCDP investments will follow the same procedures that are

being followed by the Arid Lands project. The environmental screening procedures that will be

applied during the PRA’s will identify impacts and recommend mitigating measures. Support for

environmentally and socially sustainable land and water use under KCDP would come in the

form of a system of transparent and participatory spatial development plans implemented at

the “local government” level. Development of these spatial plans during project

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implementation will be based on continual refinement (higher level of detail, moving from

1:100,000 to 1:10,000 or better) of the land capability/ESMF produced during project

preparation. The spatial plans will allow for cost efficient and proactive management of any

cumulative impact resulting from KCDP-induced MSME growth.

All KCDP investments will be carried out in accordance with the recommendations of the ESMF

as well as the environmental regulatory framework of the country. Further, the ESMF and

Indigenous People’s Framework (IPF) are living documents in that the KCDP includes significant

investment in their continual refinement. This would occur through developing capacity at the

local level to prepare and enforce environmentally and socially sustainable spatial plans and

collecting the information and stakeholder by-in to bring their implementation down to the

district and then village level.

Additionally, ICZM plans will be carried out thereby sharing the decision making between the

resource users and resource managers. Other planning tools to be supported by KCDP include

land capability plans and the information gathered by these activities will be useful in refining

the ESMF and PF.

The project is expected to lead to positive environmental benefits including habitat restoration,

protection and sound management through improved environmental governance and capacity

development for resource managers and users. The habitats include coastal forests, coral reefs

and the marine environment as described in the ESMF. With sound management of EEZ

fisheries, it is expected that by-catch including sea-birds and endangered sea turtles as well as

unwanted fishery will be reduced. Monitoring of these benefits will be through MCS and stock

assessments. Environmental benefits associated with marine parks will lead to improved

biodiversity and the quality of the marine environment. This will be monitored through the

M&E strategy which will involve community monitoring and reporting by public/private

partnerships.

The South West Indian Ocean Fisheries Project (SWIOFP), implemented by the World Bank, is

one of a trio of linked GEF-supported projects assessing transboundary issues in a regional

context. The other two projects being the West Indian Ocean Land Based Sources of Pollution

(WIOLaB) implemented by United Nations Environment Programme (UNEP) and the Agulhas-

Somali LME study (ASLME) implemented by the United Nations Development Program (UNDP).

All these projects are linked to the activities of KCDP. The KCDP and in particular, the

Department of Fisheries and KMFRI will liaise closely with SWIOFP in implementing its

Component 1. Figure 1 depicts the WIO region and the countries participating in SWIOFP,

SWIOFC, ASCLME and WIO-LaB.

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Figure 1: The Western Indian Ocean and the Member Countries participating in SWIOFP,

SWIOFC, ASCLME, and WIO-LaB

Given that Kenya is a member of the South West Indian Ocean Fisheries Commission (SWIOC),

which promotes the sustainable utilization of the living marine resources of the South West

Indian Ocean region, KCDP will also link with the programs of the SWIOFC for: (a) improving

fisheries governance; (b) increased cooperation with riparians (particularly Tanzania,

Madagascar and Seychelles); (c) promoting sustainable fisheries; (d) to share information on

the state of the fishery resources in the area and the industries based on them; and (d)

promotion of scientific data and information (through SWIOFP); (e) promoting joint MCS.

Linkage with Agulhas and Somali Current LME Project (ASCLME) and KCDP are also strong. The

goal of the ASCLME project is to ensure the long-term sustainability of the living resources of

the ASCLME region through ecosystem–based approach to management. Specifically the

project aims to: (a) acquire sufficient baseline data to support an ecosystem-based approach to

the management of the Agulhas and Somali Current LMEs; (b) produce a transboundary

Diagnostic Analysis (TDA) and Strategic Action Plan (SAP) for both the Agulhas Current and

Somali Current LMEs. The Agulhas and Somali currents have a major influence on the societies

and economies of the Western Indian Ocean region but there are large gaps in the

understanding of their oceanographic processes, biodiversity and other fundamentals. Linking

with the ASCLME is advantageous to KCDP to benefit from the scientific data on key marine and

coastal resources.

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Linkage to Addressing Land Based Activities in the Western Indian Ocean (WIO-LaB) is also of

advantage to KCDP given that WIO-LaB addresses some of the major environmental problems

and issues related to the degradation of the marine and coastal environment resulting from

land-based activities (LBA) in the Western Indian Ocean (WIO). The WIO-LaB project aims to

improve the knowledge base, and establish regional guidelines for the reduction of stress to the

marine and coastal ecosystem by improving water and sediment quality; strengthen the

regional legal basis for preventing land-based sources of pollution; and develop regional

capacity and strengthen institutions for sustainable, less polluting development. The three

projects represent a strong partnership between the countries of the WIO Region, the

Norwegian government, UNEP, and the GEF.

In the transboundary area between Kenya and Tanzania, it is expected that enhanced

cooperation across many fronts from fisheries to coral reef monitoring, tourism, conservation

of mangroves and sea-grasses will lead to reduced incidence of illegal fishing, increased

tourism, enhanced environmental quality and increased biodiversity quality. Contacts between

the Tanzanian agencies responsible for coastal zone management (which are also involved in

implementation of the Tanzania Marine and Coastal Environmental Management Project-

MACEMP- which is a sister project to the KCDP) and counterpart agencies involved in design

and future implementation of KCDP have already occurred and will be continued through the

rest of preparation and into implementation. Kenya is also a member of the Southwest Indian

Ocean Commission (SWIOFC), as in Tanzania. They therefore meet regularly as part of SWIOFC

dialogue. Program of preparation of KCDP and program of implementation of MACEMP are

subject to this dialogue. Program of preparation of KCDP and program of implementation of

MACEMP are subject to this dialogue. Additionally, Kenya and Tanzania are participants of

SWIOFP, ASCLME and WIO-LaB. The routine dialogue in these fora makes additional notification

unnecessary. Likewise, the Regional Executive Secretary for the regional SWIOFP, who is based

in Mombasa, is also participating in project preparation activities of the Kenyan KCDP

preparation team.

The Environmental Safeguards are listed in Table 3.

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Table 3: Summary of the World Bank Safeguard Policies Safeguard policy Description of the policy

Environmental

Assessment

(OP/BP 4.01)

EAs should be conducted for all projects that fall into either World Bank Category A or Category B.

Natural Habitats

(OP/BP 4.04)

The conservation of natural habitat is essential for long-term sustainable development. The Bank

supports, and expects borrowers to apply, a precautionary approach to natural resources

management to ensure opportunities for environmentally sustainable development. The Bank does

not support projects that involve the significant conversion or degradation of critical natural

habitats.

Forests

(OP/BP 4.36)

The Bank's lending operations in the forest sector are conditional on government commitment to

undertake sustainable management and conservation-oriented forestry. In forestry areas of high

ecological value, the Bank finances only preservation and light, non-extractive use of forest areas.

Cultural Resources

(OP/BP 4.11)

Bank supports the preservation of cultural properties which includes sites with archaeological,

paleontological, historical, religious or unique natural values. It seeks to avoid impacts on such

sites.

Indigenous Peoples

(OP/BP 4.10)

This policy covers local indigenous people or distinct groups who are marginalized in society and

who could be adversely affected by the project. The Bank does not support projects that negatively

affect these groups.

Involuntary

Resettlement

(OP/BP 4.12)

This refers to people who have to be removed or those who lose their livelihood as a result of the

project. They have to be resettled, compensated for all their losses and they must be provided with

a situation that is at least as good as the one which they came from.

Pest

Management

(OP 4.09)

In Bank financing operations, pest populations are normally controlled through IPM approaches

such as biological control, cultural practices and the development and use of crop varieties that are

resistant or tolerant to the pest. The Bank may Finance the purchase of pesticides when their use is

justified under an under an IPM approach.

Safety of Dams

(OP/BP 4.37)

Bank financed new dams must be designed and built under the supervision of competent

professionals. Dams over 15m in height are of concern particularly if there is a large flood handling

requirement or if the dam is in a zone of high seismicity and/or where foundations and other

design features are complex.

Projects

In Disputed Areas

(OP/BP 7.60)

Projects in disputed areas could affect the relations between the country within which the project

is being developed and the neighboring countries. Disputes would be dealt with at the earliest

opportunity.

International

Waterways

(OP/BP 7.50)

If the project has the potential to negatively affect the quality or quantity of water of a waterway

shared with other nations the Bank will insist that a negotiated agreement be established between

the two or more nations involved. Irrigation, drainage, water and sewage, industrial and similar

projects that involve the use or potential pollution of international lakes or similar bodies of water)

Those safeguard policies that will be triggered by the project are shown in Table 4.

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Table 4: World Bank safeguard policies triggered by the KCDP Safeguard Policies Triggered Yes No OP/BP 4.00

Environmental Assessment (OP/BP 4.01) X

Natural Habitats (OP/BP 4.04) X

Forests (OP/BP 4.36) X

Physical Cultural Resources (OP/BP 4.11) X

Indigenous Peoples (OP/BP 4.10). X

Involuntary Resettlement (OP/BP 4.12) X

Pest Management (OP 4.09) X

Safety of Dams (OP/BP 4.37) X

Projects in Disputed Areas (OP/BP 7.60) X not eligible for piloting under OP 4.00

Projects on International Waterways (OP/BP 7.50) X not eligible for piloting under OP 4.00

Environmental Category B – Partial Assessment

Following is a description of various project activities that would trigger the World Bank

Safeguard policies.

3.1 Environmental Assessment (OP/BP 4.01). A full EA would not be required as the

Project will be designed to institute a participatory policy and planning framework at the local

government level to develop and oversee local development planning. The KCDP does support

rural economic development through assistance to MSMEs and a coastal village fund (CVF)

program to respond to basic needs of coastal communities. These projects may have site

specific negative environmental impacts as well significant cumulative impact if the process is

not well managed. These potential negative impacts could reduce the overall benefits of the

investment. In view of this risk, a design feature has been built into the KCDP to support spatial

planning at the district level (at 1:10,000 or better) that is participatory and environmentally

and socially-based. Building on sensitivity mapping initiative undertaken a few years ago by

KMFRI, KCDP will support a province-level land capability mapping exercise (to include use and

non-use associated with environmental, social and cultural values). Additionally, under the

leadership of NEMA, Integrated Coastal Management Planning will be carried out as a closely

related endeavor to ensure that potential negative environmental and social impacts are

addressed and mitigated. Larger investments such as coastal infrastructure which may be

supported by the project will be carried out after a full EA.

The CVF activities of the KCDP will be handled through the existing processes as currently

implemented by the ALRMP II district groups implementing CDD operations for that project.

The ALRMP is in its second phase and has an established record of efficiently including

evaluation of social, cultural and environmental issues in selection of proposals submitted for

CDD funding. This minimizes the risk that a new and separate evaluation system might have.

Conditionality in the KCDP legal agreements will include how CDD operations will be

implemented in the unlikely event that the ALRMP II closes before the KCDP. Legal agreements

for the KCDP will also cross reference relevant sections of agreements between the Bank and

the Government of Kenya, and include a Memorandum of Understanding between the two

projects that address transfer of funds to cover any additional costs and responsibilities

incurred by ALRMP.

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3.2 Natural Habitats (OP/BP 4.04). About 50% of the marine coastal area is classified with

some form of protection. There are also national parks within coastal districts. Only a few of the

marine protected areas are under any form of active management or monitoring, and many of

these protected areas are severely degraded. The Project will undertake a review of these

gazetted areas to determine whether the current status should be maintained. Where

continued protection is needed, the Project will facilitate a sustainable and participatory

approach to improve their management. The assessment of current status of marine protected

areas will consist of collection of existing data for a data gap analysis under preparation grant

support. The indicated gaps in data (coral reef quality, no fish zones and their justification, etc.)

would then help in the design of studies and management effort in a rationalized protected

area program funded during implementation. The protected areas may be included in a

network that comprises MPA with no-take areas, MPA with partial protection, Co-managed

areas, privately managed areas and transfrontier cooperative areas. Given that tourism is

expected to be the engine of growth in Kenya over the next 20 years, the preservation of

unique natural habitat which is the basis for tourism is a priority. This preservation however,

needs to be balanced with the needs of the coastal communities and how they share in the

growth along the coast.

3.3 Forestry (OP/BP 4.36). The Project is very unlikely to have negative impacts on any

existing primary or mature secondary forest areas. There is however, potential for positive

environmental impact through improved land use planning, and enhanced monitoring and

enforcement including community co-management of forested areas. There is also a likelihood

that degraded or poorly producing agricultural land may be converted to forest crops (along

with intercropping). The integrated forest planning will conform to the participatory spatial

planning process to be instituted under the Project at the local government level (including off-

site environmental and social impact). There is however some potential for negative impacts

through the expansion of agriculture and livestock projects and charcoal making if demanded

and approved by the CVF. Careful monitoring will be needed to ensure that localized and site

specific impacts do not lead to significant cumulative impacts. The District level will need to be

sensitized to the KCDP tools of spatial planning, land capability mapping and ICM planning in

order to manage the type, scope, coverage, land use in component 3.

3.4 Cultural Resources (OP/BP 4.11). The Kenya coast is rich in historical and

archaeological sites, a reminder of centuries of Swahili culture. The ruins of mosques and other

buildings reflect different ensembles of Islamic architecture using lime, coral stone and timber.

The sites include mosques, groups of tombs located inside or outside city walls, mounds and

house walls representing the old city houses. Annex IV comprises a brief descriptions of the

main archaeological sites of significance along the Kenya Coast based on reports of the National

Museums of Kenya. Since the Project will be implemented within a framework of spatial

planning and land capability, there is only a small likelihood that cultural resources will be

impacted. On the positive side, the land capability study will aim to gather existing and new

knowledge of the cultural sites in order to plan the restoration and rehabilitation of any unique

cultural heritage site of national, regional or international importance within a project site. The

Project will provide the needed support (legal and physical in terms of works and services) to

the department of Museums and other relevant authorities for the protection and restoration

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of important cultural heritage sites. In undertaking this task, the project needs to ensure

adherence to both the national and international (UNESCO) guidelines for restoration of

valuable cultural sites.

3.5 Indigenous Peoples (OP/BP 4.01). Indigenous peoples OP has been triggered.

KCDP involves promotion of economic growth in the coastal areas through improved

governance of coastal and marine resources; better revenue generation through sound

monitoring, control and surveillance; enhance equity and reduce poverty through the

promotion of alternative income generating activities and MSMEs, and through provision of

access to credit, technology and services. KCDP will generate potential benefits to

vulnerable/marginalized groups and indigenous peoples’ groups and may also lead to some

impact on these groups. In this context, Indigenous People's Policy Framework (IPPF) has been

developed to guide intervention in this area. The purpose of the IPPF is to ensure that the

development process fully respects the dignity, rights, economies, and cultures of these

communities and that the project is able to gain broad community support of affected

indigenous peoples and other vulnerable marginalized groups.

KCDP will involve both positive and negative impacts for the indigenous people. Subprojects to

be financed under KCDP will be screened and if Indigenous Peoples is a factor in the subproject,

and subproject specific Indigenous Peoples Plans (IPP) will be prepared through a free, fair and

culturally appropriate manner. A Social Assessment (SA) is planned prior to all interventions

with IPs. This SA will provide information on practical measures in which the indigenous

peoples can be enabled to benefit from the project activities. Gender considerations will be

factored into the project implementation processes so that men and women among the

indigenous peoples are able to benefit. The SA will also identify best mechanisms that can be

adopted to address any grievances that may arise through project implementation.

3.6 Involuntary Resettlement (OP/BP 4.12). Involuntary resettlement is not expected to be

an issue in the project. The project does not propose to regulate residency in protected areas

on either land and in marine areas. Rather, it would enlist cooperation by residents to assist in

managing protected areas. No new protected areas are expected to be created as a result of

the KCDP. But if new areas were to be created, they would be identified and developed in

cooperation with local communities along the lines of co-management. A World Bank’s “no

objection” would be required to include new protected areas within the KCDP, which would

trigger relevant Bank safeguard policies and assessments. Communities will become part of

Park management and protection (co-management) and agree to a management plan that they

will help develop.

KCDP is mainly a capacity building, prioritization, and exploratory phase of development that

focuses on co-management and sharing of operation of, and benefits from, protected areas.

Any resettlement proposed in a protected area in the Coast by a KCDP implementing agency

could become grounds for suspension of disbursements under KCDP. As such, there will be no

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resettlement supported or required under the project. The Involuntary Resettlement OP/BP is

not triggered.

3.7 Projects on International Waterways (OP/BP 7.50). There are some issues related to

management of migratory and transboundary fish stocks between Kenya and Tanzania, which is

mainly related to the migration patterns of large pelagic fish such as tuna, bill-fish and shark.

Also there may be opportunities for transfrontier terrestrial conservation areas between

Tanzania and Kenya. Cooperation and joint monitoring possibilities are already being explored

and facilitated between the two countries with support from MACEMP and KCDP. A formal

Memorandum of Understanding between the two governments is planned to cover the scope

and areas of cooperation regarding assessment, monitoring and management of transboundary

issues. The issues may include offshore, inshore and terrestrial resource use (including "non-

use") and protection. The cooperation issues are being facilitated by SWIOFP which is the

regional partner for both Tanzania and Kenya. SWIOFP oversight at the “government” level is

through the legally constituted SWIOFC, and Kenya, Tanzania and all other countries of the

South West Indian Ocean are members of the Commission. Regular meetings at SWIOFC and

dialogue on transboundary issues in general and migratory fisheries in particular, provide a

forum for sharing information.

3.8 Borrower’s capacity to implement the safeguard policy recommendations

These agencies have a mandate to ensure sound management of natural resources and the

environment. However, very few agencies have Environmental Impact Assessment Units or EIA

officers. This means that their capacities for safeguard policies will need to be enhanced

through training. Environmental assessment will be overseen by the National Environmental

Management Authority (NEMA) which is also an implementing partner in KCDP. Safeguard

policies will be addressed as part of the planning process set out in the ESMF and IPF. The

capacity building and training requirements for the implementation of the recommendations of

the ESMF and IPF and for overall environmental management has been factored into the

capacity building program of the KCDP. With regard to component 3, these investments will be

subject to the environmental and social screening procedures of the Arid Lands project.

4.0 INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS

The KCDP has been developed in close collaboration and partnership with the following

government agencies based at the coast: The Kenya Marine and Fisheries Research Institute

(KMFRI), Kenya Forestry Research Institute (KEFRI), Kenya Wildlife Service (KWS), The Fisheries

Department, Coast Development Authority (CDA), The Ministry of State for Planning and

National Development and Vision 2030, the National Environment Management Authority

(NEMA), NGOs, private sector and communities. KMFRI has been the lead agency in the

preparation phase of this project.

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Other partners include the South-West Indian Ocean fisheries project (SWIOFP), the activities of

which will focus on scientific knowledge management and related policy in deep sea fisheries of

international commercial interest. This information is very valuable to the implementation of

component 1 of KCDP. The Global Coral Reef Targeted Research and Capacity Building for

Management Project, a global project which focuses on research on coral reef ecosystem

health that can inform policy and management decisions. Capacity building for science-based

management of coral reefs in developing countries is supported. The UNDP/GEF/UNOPS

supported Agulhas and Somali Current Large Marine Ecosystem (LME) Program which focuses

on filling the knowledge gap needed to inform the regional ecosystem-based approach to

sustainable management of resources in the two LMEs including regional ecosystem

monitoring.

The Arid Lands Resources Management Project (ALRMP II). Supported by the World Bank and

other partners, the ALRMP II builds on the successes of ALRMP I and aims to enhance food

security and reduce livelihood vulnerability in drought-prone and marginalized communities in

21 districts. The project supports natural resources and drought management, Community

Villafe Fund (CVF) and fostering an enabling environment for development in the arid lands

through policy, advocacy and research. The KCDP will form an alliance with ALRMP II and

provide funds to ALRMP II to deliver resources and services to coastal communities using the

same mechanisms and approaches that ALRMP II uses.

5.0 THE PROJECT AREA

Kenya’s coastline extends about 600 km along the seafront, from Somalia’s border at Ishakani

in the north (Longitude 1° 41’ S), to Tanzanian’s border at Vanga in the south (Longitude 4° 40’

S) (Figure 2). The coastal region stretches approximately 150 km inland from the seafront,

covering an area of 67,500 km2. This is about 11.5% of the total area of the Republic of Kenya.

With reference to the city of Mombasa, coastal zone of Kenya is often classified as either—

North Coast which extends from Mombasa to Kiunga, or the South Coast extending from

Mombasa to Vanga.

The coastal districts considered in this ESMF are the administrative districts of Kilifi, Kwale,

Lamu, Malindi, Mombasa, Taita Taveta and Tana River. The human population in Kenya’s

coastal region is relatively large compared to other regions in the country, with much of the

population concentrated around urban centers. According to the 1999 population and housing

census, the population of Coast province was 2,491,000, equivalent to about 8% of the national

population. This represented an increase of 54% from the 1989 census, when coastal

population stood at 1,621,918. Approximately 25% of the residents in the region reside in

Mombasa, 7% live in other urban centers, while the remaining 68% reside in the rural areas

(State of the Coast Report, 2008).

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Figure 2: Map of the Kenyan coast showing the coastal districts and terrestrial protected areas

Population distribution at the coast is influenced by rainfall, altitude and agro-ecological area.

Administrative policy, through which a number of settlement schemes have been created also

influences population patterns. Most of the coastal urban centers are located in the vicinity of

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estuaries, mangrove swamps and coral lagoons. The rapid growth in urban population thus

places significant pressure on the coastal environment and its resources (SOC). The high

population growth rate in Mombasa district is attributed in to migration of people from other

parts of the country in search of employment or business opportunities (SOC).

The coastal population in Kenya is culturally heterogeneous, with the largest indigenous

ethnicgroup being the Mijikenda, composed of nine sub-tribes: Giriama, Digo, Rabai, Duruma,

Kauma, Chonyi, Kambe, Ribe and Jibana. Other indigenous coastal ethnic groups are the Taita,

Pokomo, Bajuni, Orma, Sagala and Swahili, Watha and Boni. Due to its accessibility and socio-

economic dynamics, which offer ample opportunities for livelihoods and leisure, the Kenyan

coast has over the centuries attracted many different ethnic and racial groups (UNEP, 1998).

The unique characteristics of the coastal province were taken into consideration in the

development of this ESMF.

6.0 THE APPROACH OF THE KCDP IMPACTS ASSESSMENT

The scoping process for all the impact assessed in this ESMF involved the following:

1. A review of the project appraisal documents and other preparatory documents

submitted to World Bank for the preparation phase;

2. A review of documents prepared for previous development projects, national policy and

strategy documents and research publications;

3. A review of regional programmes and conventions;

4. A review of international agreements that Kenya is party to;

5. Workshops with key stakeholders, government agency representatives and the World

Bank Task Team;

6. Observations from field stakeholder consultations.

Critical environmental, socio-cultural and institutional aspects were evaluated in light of the

potential impacts of the KCDP activities on them in order to ensure that issues of highest

impact were addressed in the Environmental Management Framework (ESMF). The activities of

the 4 project components were further evaluated for specific environmental and socio-

economic consequences. Thereafter, the ESMF was designed based on the mitigation activities

required for the identified areas of negative impacts of the project.

The areas of potential impact by the activities of KCDP are highlighted in Table 5.

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Table 5: Areas of potential impact by the KCDP Impacts Priority (high,

moderate or

low)

Critical Marine & Coastal aspects

Coral Reefs Potential direct positive impacts.

Management of coral reefs is a priority investment area for KCDP. To be assessed jointly

under “natural habitats”

High

Seagrass Beds Potential direct positive impacts.

Management of seagrasses is a priority investment area for KCDP. To be assessed jointly

under “natural habitats”

High

Mangrove Forests Potential direct positive impacts.

Management of mangrove forests is a priority investment area for KCDP. To be assessed

jointly under “natural habitats”

High

Sandy beaches Potential direct positive impacts.

Management of sandy beaches is a priority investment area for KCDP. To be assessed

jointly under “natural habitats”

High

Important Bird Areas Potential direct positive impacts.

Management of Important Bird Areas is a priority investment area for KCDP. To be

assessed jointly under “natural habitats”

High

Coastal Forests

Potential direct positive impacts.

Management of Coastal Forests is a priority investment area for KCDP. To be assessed

jointly under “natural habitats”

High

Offshore Areas

Potential direct positive impacts.

Management of offshore habitats is a priority investment area for KCDP. To be assessed

jointly under “natural habitats”

High

Critical Socio-cultural aspects

Social Capital Potential direct positive (long-term) and negative (short-term) impacts.

• Identified for direct investment by KCDP

High

Human Capital Potential direct positive impacts.

• Priority investment area for KCDP – to be evaluated in the ESA within other identified

critical aspects (i.e. Critical Economic Aspects and Critical Institutional Aspects).

High

Vulnerable groups Potential direct positive (long-term) and negative (short-term) impacts.

• Identified for direct investment by KCDP

High

Cultural Property and

Antiquities

Potential direct positive and negative impacts Low

Human Health and Public

Services

Potential indirect positive impacts:

Improved food and economic security leading to improved health through investment in

other critical aspects.

Low

Critical Economic aspects

Artisanal and

Commercial Fisheries

Potential direct positive (long-term) and negative (short-term) impacts.

• Management of fisheries resource a prominent focus for KCDP.

High

Tourism Potential direct positive and negative impacts.

• Management of natural resources, on which tourism is directly dependent, a

prominent focus for KCDP. The over investment in hotels can result in potential negative

impacts through reduced acreage for other users

High

Mangroves and Coastal

Forest Resource Use

Potential direct positive (long-term) impacts and (short-term) negative impacts

• Management of mangroves and coastal forest resources is a prominent focus for KCDP

High

Mariculture/Aquaculture Potential direct positive and negative impacts.

• Management of coastal and marine environment is a prominent focus for KCDP

HIgh

Small-scale

microenterprise

investments

Potential direct positive and negative impacts depending on the enterprise

Improvement of livelihood through diversification of microenterprise opportunities

High

Valued Institutional Aspects

National and Local

Government

Potential direct positive and negative

Improved capacity to deliver on institutional functions; restricted capacity to participate

effectively in KCDP due to limited human resources

High

NGOs, CBOs, and Private

Sector

Potential direct positive impacts (increased engagement with government institutions) High

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These critical aspects have been described in the baseline information of the Kenyan coast and

they were taken into consideration in the analysis of the potential impacts of the various

component activities.

7.0 BASELINE INFORMATION

7.1 The Physical Environment

A combination of winds large-scale pressure systems of the Western Indian Ocean and

monsoon winds interact to shape the climate of Kenya coast. The Monsoons blow from the

northeast between December and March and the southeast from May to October, with a 1 to 2

month transition periods characterized by variable and weaker winds. Mean annual rainfall

along the Kenyan Coast ranges from 500 – 900 mm on the North Coast to 1000 – 1600 mm in

the wetter areas south of Mombasa (UNEP, 1998).

Kenya’s coastline, characterized by a fringing coral reef running parallel to the coastline, from

Vanga to Malindi Bay (UNEP, 1998) has a continental shelf that is relatively narrow (about 5 to

10 km wide) with depths dropping to below 200m in under 4 km of the shoreline. The shelf is

sedimentary, dominated by fine sands, silt and mud derived from terrigenous sources (Obura,

2001). It has an area of about 19,120 km2, of which 10,994 km2 is considered trawlable (UNEP,

1998).The continental shelf serves as fishing grounds for thousands of local artisanal fishermen.

There are two rainfall seasons; the long rains (kusi) between March and May and the short rains

(kaskazi) usually between October and December. Mean minimum and maximum

temperatures at the Kenyan coast range between 24 °C and 30 °C. Mean monthly evaporation

ranges from 1650 to 2300 mm/year in the north to 1300 to 2200 mm/year in the south.

Relative humidity is consistently high throughout the year, peaking at 90% during the wet

months between April and July. There is a marked diurnal change in humidity, particularly in

Mombasa, where the moisture content of the air increases from around 60 – 70% in the

afternoon to 92 – 94% during the night and early morning (UNEP, 1998).

7.1.1 Coastal Geology and geomorphology

The coastal environment of Kenya is set in a passive continental margin, whose evolution was

initiated by the breakup of mega continent Gondwanaland in the Lower Mesozoic era. The

initial opening of the Indian Ocean was preceded by extensive faulting and down warping,

similar to that observed in the Modern Great Rift Valley of East Africa. These tectonic

movements formed a North–South trending depositional basin. During the Mesozoic era, this

marine basin was exposed to numerous marine incursions and by the Jurassic period, purely

marine conditions are thought to have existed. The coastal ranges such as Shimba and Taita

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hills that run parallel to the coastal zone appear to have been uplifted through faulting during

this period (UNEP, 1998).

Throughout the Tertiary era, the coastal area experienced further faulting and extensive

continental erosion. In many areas the older Cretaceous deposits were totally removed. The

present coastal configuration, however, evolved during the Pleistocene era to Recent times, a

period marked by numerous fluctuations in sea level.

Sedimentary rocks dominate the coastal area and range in age from Triassic to Recent (UNEP,

1998). The Duruma sandstone series, the oldest formation, is represented by the Mariakani and

the Mazeras sandstones, which were deposited under sub-aqueous, deltaic, lacustrine or

possibly neritic conditions that prevailed before the opening of the Indian Ocean. The upper

Mesozoic is represented by marine limestone and shales, with occasional horizons of

sandstones and early limestone. Recent rocks comprise mostly marls and limestone, and are

represented by sandstones, clays, conglomerates and gravels, such as those found in the

Marafa beds. This well developed reef complex, consisting of coral reefs, coral rubble and

sandstone, is extensively exploited by the building industry (GoK 2008)

7.1.2 Drainage and hydrology

Two major rivers drain into the Indian Ocean in Kenya: River Tana and River Sabaki. River Tana

is longer, originating from Mt Kenya, a distance of about 850 km. It has a catchment area of

127,000 km2 and discharges an average of 4,000 million cubic meters of freshwater and 6.8

million tonnes of sediment annually, with peak flows occurring between April and June and

during November/December (GoK, 2008). The river enters the ocean at Kipini in Ungwana Bay.

About 30 km from its mouth, River Tana branches with its tributaries forming the Tana Delta.

The Athi-Sabaki River has its origin in the central highlands around Nairobi. When joined by

River Tsavo in its lower basin it is known as Galana River. The river enters the ocean north of

Malindi Town. The Athi-Galana-Sabaki system extends 390 km and drains a catchment area of

70,000 km2. The sediment load of the Athi-Sabaki has increased tremendously from 50,000

tonnes/year in the 1950s to the current rates, which range from 5 to 13 million tonnes/year.

This increase has been attributed to catchment degradation as well as an increase in the

capacity of the river to transport sediments to the coast (Kitheka et al., 2003). Current data

indicate that the of the annual freshwater discharge of the Athi-Sabaki River is 6 million

m3/year (Kitheka et al. 2003)

Other semi-permanent rivers at the coast include Mwachi, Kombeni, Tsalu, Nzovuni,

Mwachema and Voi, which drain into the coastal region from arid and semi-arid catchments. In

the South Coast the major rivers are Ramisi and Umba, discharging about 6.3 million m3 and 16

million m3 of fresh water into Funzi and Shirazi Bays respectively (UNEP, 1998). The Umba is

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a transboundary river emanating from Usambara Mountains in Tanzania. Smaller rivers at the

South Coast include Mkurumuji and Kidogoweni, both entering the sea at Gazi Bay.

There are several lakes at the coast, especially in the Tana Delta. Most are oxbow lakes that are

recharged either through ground water seepage or by periodic flooding of the Tana River.

Examples are Lakes Shakabobo and Bilisa. Apart from providing water for humans and livestock,

the lakes are also important for freshwater fisheries.

Due to its geological structure which enhances infiltration, percolation and subsequent

recharge, Kenya’s coastal region has immense potential for groundwater resources. Most of the

rock formations have a shallow water table (between 20 and 30 m), with erratic yields of

varying salinity. The highest water quality is found in areas covered with Kibiongoni beds and

Magarini and Kilindini sands, e.g. the Tiwi area of the South Coast. Areas covered with Jurassic

shales and Pleistocene limestones tend to have low volumes of poor-quality water (Munga et

al., 2006).

7.1.3 Oceanography

There are four oceanic currents influencing Kenya’s coastal waters, namely the East African

Coastal Current (EACC), the Somali Current (SC), the Southern Equatorial Current (SEC) and the

Equatorial Counter Current (ECC) (UNEP, 1998). When it reaches the African coast at Cape

Delgado, the SEC diverges into two currents—the Mozambique Current, which flows

southwards, and EACC, which flows northward (UNEP, 1998; Obura, 2001).

The Somali Current and Monsoon winds both influence the distance the EACC travels up the

East African coast. During the South-East Monsoon, the EACC joins the Somali Current beyond

Malindi and flows northwards to the Horn of Africa. However, during the North-East Monsoon,

the EACC reaches only as far north as Malindi or Lamu, where it meets the opposing Somali

Current, the only current off the coast of Kenya that seasonally reverses its flow. The meeting

of the two currents causes upwelling, which is thought to be responsible for the high

productivity in the northern Kenyan coast (UNEP, 1998).

Sea surface temperatures are highest during the North-East Monsoon, averaging 28.4 °C

(maximum 29 °C) and lowest during the South-East Monsoon, averaging 26 °C (minimum 24

°C) (UNEP, 1998; Obura, 2001). Seasonal temperature variations decrease with increasing water

depth, with temperatures stabilizing at 6–7 °C and 2.5 °C at 1,000 and 2,000 m depth

respectively (Duineveld et al., 1997).

Salinity variation of the EACC waters is low, ranging between 34.5 and 35.4 ppt (UNEP, 1998).

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This variation is primarily due to heavy rainfall between March and May and the associated

terrestrial freshwater runoff, as well as input from rivers. In estuaries and tidal creek systems

such as Gazi Bay, Mtwapa, Mwache/Port Reitz and Tudor, there are significant seasonal salinity

variations, particularly in the inshore waters. During the dry season, salinity can rise to 38 ppt

while in the rainy season, it can be as low as 19 ppt (Kitheka, 1996 a & b).

The Kenya coast experiences mixed semi-diurnal tides, with approximately two tidal cycles

every 24 hours. The reference port for tidal observations in Kenya is Kilindini (Port of

Mombasa), where the maximum tidal range generally does not exceed 3.8 m.

7.2 The Biological Environment

The Kenya coast is endowed with biodiverse coastal and marine ecosystems including

mangroves, coral reefs, seagrass beds, sandy beaches, sand dunes and terrestrial coastal

forests. These ecosystems are of immense economic and cultural value to coastal communities

and the nation at large (UNEP (1998). Table 6 shows the expanse of these critical habitats along

the Kenyan coast.

7.2.1 Mangroves

Mangroves are trees or shrubs growing in the intertidal areas of tropical and subtropical coasts

between high water and low water mark at spring tides. The area of mangroves in Kenya has

been estimated at between 50,000 and 60,000 ha (Doute et al., 1981, FAO, 2005); with 70% of

these forests occurring north of Tana river in Lamu and surrounding islands. All the nine

mangrove species reported in the region occur in Kenya with Rhizophora mucronata and

Ceriops tagal constituting 70% of the formation. The rare mangrove species are Heritiera

littoralis and Xylocarpus moluccensis.

Mangroves in Kenya have been heavily impacted by human activities particularly removal of

wood products, conversion pressure, and pollution (Abuodha and Kairo, 2001). Recent

estimate indicate a 20% decline in mangrove area over the last two decades (FAO, 2005).

Climate change impacts such as increased aridity, flooding and sea level rise is expected to

exacerbate loss of mangroves particularly in the low lying coastal areas (GoK, 2008).

7.2.2 Seagrass beds

Seagrasses are marine angiosperms with a worldwide distribution. In Kenya seagrass beds cover

a surface area of about 3,400ha, with the most important sites being Kiunga, Malindi,

Mombasa, and Diani-Chale. There are 12 species of seagrasses in Kenya, the dominant one

being Thallasondendron ciliatum which forms monospecific stands.

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Seagrass beds provides habitats for commercial fisheries; as well as serving important foraging

grounds for endangered marine species such as dugongs and turtles. Factors leading to

seagrass degradation in Kenya include; physical dragging of fishing nets, pollution, and

herbivory. Climate change impacts seagrasses through increased discharge of sediment laden

low salinity water derived from flooded river systems (Uku and Björk, 2005). Degradation and

loss of seagrasses has negative impacts on the system’s productivity, biodiversity and food

security, leading to loss of livelihood and increased poverty among the coastal populations

(Ochiewo, 2004).

Table 6: Critical coastal and marine habitats in Kenya Ecosystem Area (ha) Recorded number of

species

Important locations

Mangroves 54,000 9 Lamu, Tana River, Mida, Funzi

Coral reefs 63,000 237 Diani-Chale, Kisite-Mpunguti

Seagrass beds 3,400 12 Diani-Chale, Kiunga, Malindi, Mombasa

Coastal forests 139,000 - Arabuko Sokoke, Shimba hills

Source: UNEP, 2008

7.2.3 Coral reefs

There are about 63,000ha of coral reefs in Kenya; containing altogether 220 species. Dominant

coral species in Kenya include Porites lutea, Galaxea astreata, and a broad diversity of species

in the genera Acropora, Pocillopora, Favia, Favites among others. The south coast at Diani-

Chale and Kisite-Mpunguti Marine Protected Areas contain the best reef development in Kenya.

Reduced reef development in the northern part of the Kenya coast is attributed to the large

areas of loose sediment and significant fresh water inputs via Tana and Athi-Sabaki rivers

(Obura, 2001; Spalding et al., 2001). Fringing reefs are also found off the Lamu Island and along

many of the barrier islands to the north.

Coral reefs provide habits for endangered species such as, such as turtles, dugong, whale sharks

and others. Their high biodiversity, high productivity and protection of the coastline from ocean

waves make them highly valuable ecosystems, as well as subject to many uses and threats.

Coral reefs support a nation-wide artisanal fishery dominated by local and migrant fishers using

simple fishing vessels and gears. Currently it is estimated that over 10,000 fishermen are

directly engaged in artisanal fishing in the Kenyan coast (Ochiewo, 2004). The landing from

artisanal fisheries ranges from 5,000 - 8,000t/yr, which is about 95% of the total marine catch

(Ochiewo, 2004).

7.2.4 Sandy beaches and sand dunes

Sandy beaches are found throughout Kenya’s coast, most notably along parts of the coastline

dominated by terrigenous sediment and without fringing reefs, between the Tana and Sabaki

rivers. The areas have high dunes generated by wind-blown sand from the beach. The largest

dunes occur along the Tana River Delta, reaching 50 m above sea level, with an area of 1300

km2. Sand dunes support a rich diversity of wildlife and other natural resources (Kairu and

Nyandwi, 2001).

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Beaches are important habitats for species such as sea turtles, which lay their eggs in upper

beach environments, as well as shorebirds and migratory birds. However, because they are at

the fringe of land and sea and offer easy access to the sea, beaches have become areas of

intense economic activity, habitat modification and user conflicts. This has negative impacts on

vulnerable species like sea turtles, which spend parts of their life cycle on beaches.

7.2.5 Coastal forests

Kenya’s coastal forests are estimated to cover a surface area of 139,000ha, however, majority

of them are now degraded (Burgess and Clarke, 2000). These forests fall within the northern

range of the Zanzibar-Inhambane regional mosaic (White, 1983), an extensive biogeographical

unit stretching from the southern tip of Somalia to the southern coast of Mozambique.

The best protected coastal forests in Kenya (and the WIO region) are the Arabuko Sokoke (area:

41,000ha) and Shimba Hills system (area: 19 260ha). Other coastal forests exist as small patches

of forests or sacred grooves (e.g. Kaya’s) ranging from 10 ha to 2000 ha. The coastal forests

exhibit high levels of diversity and endemism; Arabuko for example is home to six rare and

endemic birds.

7.3 Cultural landmarks of the Kenyan coast

There are several historical and archaeological sites along the Coast province including old

mosques, tombs, mounds and walls of ancient city houses, many of them linked with the

development of the Swahili culture in East Africa. Historical sites include the Mombasa Old

Town, Lamu Old Town, Fort Jesus in Mombasa, Gede, Jumba la Mtwana among others (See

Annex IV).

Spread out along around 200km of the coast province of Kenya are ten separate forested sites,

mostly on low hills, ranging in size from 30 to around 300 ha, in which are the remains of

fortified villages, Kayas, of the Mijikenda people. They represent more than thirty surviving

Kayas. The Kayas began to fall out of use in the early 20th century and are now sacred sites that

serve as the repositories of spiritual beliefs of the Mijikenda.

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7.3.1 Indigenous people

Some of the proposed activities of the KCDP will operate in areas where there could be impacts

on indigenous peoples (IPs) who are found in the coast of Kenya. Taking into consideration the

existence of the Watha, the Boni and others, who are present in some parts of Malindi, Tana

River, Lamu and possibly other districts, the project team has prepared an Indigenous People

Planning Framework (IPPF) that will guide the implementation of the projects specifically in

respect to the IPs localities (See Annex VI).

Two groups of indigenous peoples were considered in this assessment, the Watha and Boni

people. The population of Watha community in the districts is estimated at approximately

30,000 persons and they have experienced a change in livelihood from hunting of game and

wild animals to mixed farming. The Boni people are found in Ijara and Lamu district. Their

population is about 4,000 and they are a group of nomadic hunter-gatherers.

During project preparation, it became clear that KCDP will generate potential benefits to

vulnerable/marginalized groups and indigenous peoples’ groups and may also lead to some

impact on these groups. In this context, the Indigenous People's Operational Policy (OP 4.10)

will be triggered and in response the Borrower has prepared an indigenous people's process

framework (IPPF) to guide intervention in this area. The purpose of the IPPF is to ensure that

the development process fully respects the dignity, rights, economies, and cultures of these

communities and that the project is able to gain broad community support of affected

indigenous peoples and other vulnerable marginalized groups.

7.4 Socio-economic activities along the Kenyan coast

At the coastal region, the main livelihood activities are fishing, mangrove harvesting, and

tourism along the coast, while in the hinterland subsistence farming and livestock rearing

(pastoralism) are the major occupations. The economy in the urban centers derives mainly from

maritime and harbour activities, tourism and commerce.

The principal economic activities at the coast are: tourism (45%), ports and shipping (15%),

agricultural industry (8%), fisheries (6%), agriculture (5%), forestry (4%), and mining (2%)

(UNEP/FAO/PAP/CDA, 2000; McClanahan et al., 2005). The formal economy of the Coast

province is based on the service and industrial sectors. The informal sector, with vehicle repair

shops, second-hand clothing stalls, fruit and vegetable vending, shoe-shine and repair, hair and

beauty palours etc., also provides livelihood to a significant proportion of the coastal

population.

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Industrial development, which was for many years confined to Mombasa district and its

environs, is now expanding towards the rural coastline and hinterland in other coastal districts

(GOK, 2002 a & b). It is hoped that this trend, together with the development of eco-tourism,

improvements to coastal and upcountry agricultural practices, intensified mining activities, and

enhanced access to social services in rural areas will work in concert to curb the high rate of

migration from rural to urban areas. Slower migration would serve to ease the pressure on

service delivery in the few developed urban centres, and make coastal environmental

management easier.

Agroforestry, involving the intercropping of coconut and cashew nut trees with maize, beans,

simsim and cassava, is also practiced, especially during the early stages of tree establishment

(UNEP, 1998). During the dry season when the inter-crops have been harvested, cattle are

brought in to graze among the trees. With this system, the income from cashew nuts and dairy

is higher than that from cashew nut trees alone.

The relatively higher-agricultural-potential areas, which constitute only 30% of the total coastal

area, are intensively farmed. High rates of population growth have driven farmers to encroach

into more marginal lands. Traditional shifting cultivation and slash-and-burn farming are

widespread, causing adverse impacts on some fragile ecosystems and biodiversity. The

challenges posed by these farming practices have not been adequately countered with better

soil conservation and water-use methods, among other mitigation measures. Land tenure is

also a serious issue for the farmers at the coast, since most of the land has not been

adjudicated. Most farmers lack title deeds that they could use as collateral to obtain credit to

develop their farms. Poor infrastructure also makes it difficult for farmers to take their produce

to the market at the right time. In general, producer prices for agricultural produce are also

very low, which serves as a disincentive for farmers who would modernize or expand their scale

of operation if prices were better (GoK, 2008).

Kenya’s marine capture fisheries play a crucial role in advancing food security, accounting for a

source of animal protein intake for the coastal communities as well as providing a direct and

indirect source of employment. Fishing activities are practiced by four distinct sectors: (i)

artisanal or small scale fishers concentrated inshore; (ii) industrial and semi-industrial fishers

who operate exclusively within the 12nm territorial waters, largely prawn trawlers; (iii)

recreational sport fishers and (iv) EEZ fisheries beyond the 12 nm mainly by foreign vessels.

Production has fluctuated from an annual average of 6,000 metric tonnes in the 70’s and 80’s;

peaking in 1990 at approximately 10,000mt and levelling off to an average of 7000mt currently

and is valued at KSh. 450 million by the department of Fisheries. The catch had been estimated

to represent about 8% of total fish production in the country (Sanders et al 1990), but has

rapidly declined to approximately 4% in recent years. Accurate estimates of the value of the

artisanal fishery are not available due to poor fishery statistics.

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7.4.1 Artisanal Fisheries

The artisanal fishery is basically a subsistence fishery. Most of the fish caught is for direct

consumption and the surplus is sold to supplement the fishermen income. Ninety-five percent

of Kenya’s marine capture production is landed by artisanal fishers using simple gears and

vessels and a variety of fishing gears including gillnets, cast nets, handlines, traps, scoopnets,

reef seines, and longlines. Accurate estimates of the value of the artisanal fishery are however

not available due to poor fishery statistics. The number of fishers has been progressively

increasing and was estimated at 12,077 in 2008, thereby putting pressure on the fisheries

stocks. Only 10% of the fishing vessels used are motorized. The mode of propulsion is mainly

sails (43%) and paddles (38%) in dugout and outrigger canoes, planked sailboats, and dhows

(FiD 2008).

Fishing activities are also seasonal as they are affected by weather conditions. Higher catches

are generally experienced during the northeast monsoons (November to March) characterized

by warm temperatures, short rains, calm seas and high winds, when access to fishing grounds

becomes easier and fishing activity is highest. The SE monsoons (April to October) are

characterized by cool temperatures, long heavy rains and strong winds, when access becomes

restricted to a limited number of accessible fishing grounds (Obura, 2001). Consequently, the

fishermen are constrained to fish their activities in nearshore areas within coral reefs and

seagrasses. Spatial distribution of fishing activities along the coast is reflected in the distribution

of landing sites with 31% of all the landing sites in Kwale District in the South Coast, followed by

Mombasa (21%), Lamu (20%), Kilifi (13%), Malindi (11%) and Tana River (4%) (FiD, 2008).

Overexploitation of the inshore fisheries stocks has been indicated in a number of site specific

studies based on a variety of indicators including catch per unit effort, reduction in fish sizes,

loss of species diversity, alteration of species composition, disruption of food webs and

degradation of habitats (McClanahan et al 2008; McClanahan & Obura 1995; Mangi & Roberts

2007; Kaunda-Arara et al 2003). Destructive fishing practices such as the use of illegal gears

such as beachseines, spearguns and ringnets has become prevalent as the fishermen seek more

efficient but destructive methods due compensate for low catches. This is compounded by a

number of challenges in management of fisheries resources: a) open access in many fisheries;

(b) lack of control of fishing effort, combined with illegal fishing and light penalties; (c) limited

institutional frameworks to implement management regulations; (d) weak institutional

structures to promote sustainable fisheries; (e) unresolved resource use conflicts (i.e artisanal

versus commercial fishers); lack of a monitoring framework for assessment and management

that integrates social, bio-ecological and economic indicators; and inadequate enforcement of

policy and management measures to prevent negative impacts of fisheries activities;

The fishermen experience other economic constraints due to poor infrastructure in landing

facilities (electricity, cold storage, and road networks) resulting in high post harvest losses.

Underdeveloped market structures have also led to a domination of middlemen, limiting the

direct economic benefits to fishers. Lack of access to credit facilities enhances fishermen to use

destructive gears. Consequently, alleviating poverty among artisanal fishers at the coast is a

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major issue of concern. Furthermore the challenges faced in the artisanal fisheries are likely to

be exacerbated by the effects of climate change; hence, the need to improve management of

inshore fisheries and to seek alternatives to alleviate fishing pressure on the declining inshore

fisheries through promotion of aquaculture/mariculture and diversification of fishing gear

technologies that are ecologically friendly. Improved data collection to support stock

assessments will enable development of appropriate and adaptive management plans that will

contribute to a sustained and well managed inshore fishery.

7.4.2 Commercial Fisheries

Inshore semi-industrial prawn trawling has been in existence since the mid-1970s and is carried

out in Ungwana Bay. This is the only area along the Kenyan coastline with suitable trawling

grounds and high biomass of shallow water prawns. The fishery mainly targets shallow water

prawns but they also catch other types of fish as a by catch. The average total annual tonnage

of prawns landed by the semi industrial prawn trawlers has been estimated to average at about

350 to 400 tonnes. The fishery has experienced a number of constraints due to ineffective

Monitoring, Control and Surveillance (MCS) and a general deficiency in fundamental

data/information to monitor the stock dynamics, biomass estimates and fluctuations. As a

result there have been intense conflicts and concerns from environmentalists on the impacts of

the fishery. The main issues include: Flouting of spatial restrictions set by the Fisheries Act

resulting an overlap of fishing grounds with artisanal fishers and destruction or artisanal gears

by the trawlers; concerns over dwindling fish stocks from high rates of bycatch and ecosystem

disturbance. Further research and monitoring has been recommended to test the efficacy of

any changes in trawling regulations, to encourage the use of BRD’s and to investigate the

economic implications of existing management strategies critical to improving the sustainable

exploitation of the resources.

7.4.3 EEZ Fisheries

The Kenyan fishery waters of 200 nautical miles (Exclusive Economic Zone) has vast fishery

resources that are under-exploited by Kenyan nationals. The fishery potential has been

estimated to be between 100,000 and 140,000 with much of the potential being contained

within the highly migratory species (Habib 2002). The EEZ however highly unregulated due to

lack of monitoring, control, surveillance (MCS) capacity and resources. A number of foreign

tuna purse seiners and longliners are fishing either on access licenses with no obligations to

land, tranship or declare catches in the country or as IUU fishing vessels. This arrangement

limits the country’s benefits from its EEZ fishery especially from value-added activities

associated with transhipment and landings for processing. Improved management of EEZ

resources through enhanced MCS capacity will enable increased revenue generation to the

country.

8.0 IMPACT EVALUATION OF PROJECT COMPONENTS

The impact evaluation was based on an analysis of the impacts of the Project on the existing

environment as described in the baseline information. The existing conditions focused on

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characteristics relevant to the potential project impacts within the temporal and spatial

boundaries defined for the project. The 4 year time frame of the KCDP was considered as well

as the potential areas in which the project activities would be undertaken. Not all project sites

have been defined and consideration was also given to overall coastal communities that would

be impacted directly or indirectly by the KCDP activities.

Under each project component activities with a likelihood of causing environmental and social

impacts have been summarized in the following tables. However for most project activities

these impacts would not be significant. Mitigation measures against most of these impacts are

possible, both at the project development stages as well as implementation stages, and these

will be implemented by the Project Management Team from the measures recommended in

the ESMF.

9.0 ANALYSIS OF POSITIVE AND NEGATIVE IMPACTS AND MITIGATION MEASURES WITHIN

THE DIFFERENT SECTORS OF THE PROJECT

The proposed project activities within the 4 components cut across several sectors and the

nature of the impacts identified within the components was further investigated and mitigation

measures proposed. The broad sectors identified were the marine and coastal habitats, the

fisheries sector and indigenous people/vulnerable groups. This included both environmental

and socio-economic impacts.

The review of the positive and negative impacts of the proposed activities of the management

of fisheries resources are shown in Table 7.

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Table 7: Assessment of potential impacts of project activities on Fisheries

Positive Environmental Impacts:

• Reduced negative impacts from fishing due to a

reduction in IUU fishing, enhanced compliance of

regulations in EEZ waters and improved

institutional capacity in implementing MCS

• Improved management of EEZ fisheries resources

• Sustained nearshore fisheries and associated

habitats as a result of improved efficacy of

fisheries resource management strategies and

diversification of livelihoods

• Improved understanding of resource status

through increased scientific baseline information

on selected fisheries stocks to feed into fisheries

management plans

Negative Environmental Impacts:

• Short-term impacts from mariculture activities on fish habitats

including solid waste production, sedimentation, stress on water

resources, sewerage/waste water production, depletion of wood to

process fish, changes in biodiversity, loss of vegetation and water

quality

• Upgrading of infrastructure at landing beaches will increase pressure

on fisheries resources

Positive Socio-economic Impacts:

• Improved revenue generation to the government

from fishing activities in EEZ through access

agreements and reduced IUU fishing

• Improved income generation and wealth creation

of fishery-dependent communities through

increased diversity of alternative income sources

• Economic empowerment of artisanal fishers

through added value to fish landings,

infrastructure development (cold storage,

electricity, access roads) improved access to fish

markets and improved health standards at landing

facilities

• Improved access to financial and extension service

for fisher folk will enable adoption of new fishing

technologies and other alternative livelihoods

facilitated by CVF. The benefits will vary

depending on activities

Negative Socio-economic impacts:

• Added costs incurred from implementing effective MCS in EEZ waters

• Short-term reduction in income as fishers transit to new less

destructive fishing methods and comply with management measures

(MPAs, MMAs, gear bans etc) as a result of improved enforcement

capacity

• Short-term localized resource use conflicts. This will vary depending

on the activities

• Short-term localized land use conflicts from aquaculture ventures

• Short-term distrust and unwillingness of local communities to

participate in proposes activities

• Theft of fish from ponds and general insecurity issues

Uncertainties, information gaps and data quality:

• Some baseline historical catch and effort information collected by various institutions is available. This information needs to

be collated and assessed to determine the quality for measuring the degree of change in stock status as a result of improved

management.

• Baseline quantitative information on IUU fishing incidences in Kenya’s EEZ is not available to measure projected increase in

compliance due to strengthening of MCS capacity and strategies.

• Use of new fishing technologies will depend on the willingness of fishers to adopt the methods

• Baseline information on existing alternative livelihood activities, their geographic locations and the income generated will be

needed to measure increased diversification and improvement in the livelihood benefits from the project activities.

• Historical baseline data on water quality and habitat status

Mitigation:

• Revise existing licensing fees and associated MCS frameworks to improve income generated from high seas fisheries in EEZ to

support added costs of MCS implementation

• Enhance effective monitoring and compliance of fisheries management measures (gear, fish size, mesh size, spatial and

temporal restrictions)

• Develop alternative non-destructive fishing methods to target fishery beyond the reef

• Develop standardized data collection and habitat monitoring protocols for collecting relevant ecological and socioeconomic

information to feed into development of adaptive fisheries management plans

• Build institutional capacity in fisheries research and monitoring through short and long term trainings

• Build co-management capacity to enhance commitment to good fishing practices and environmental management through

jointly developed co-management frameworks and strategies (including BMUs and MMAs)

• Develop resource centres to increase overall awareness of KCDP associated activities; and to strengthen interaction and

information sharing between stakeholders (managers, scientists, local communities, NGOs and government). This will build a

sense of ownership and understanding on the project objectives and activities and the anticipated potential impacts that may

require behavioural change

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The review of the positive and negative impacts on the marine and coastal habitats is shown in

Table 8.

• Site aquaculture/mariculture demonstration projects away from vulnerable habitats and ensure efficient water treatment as

per NEMA standards

• Increase overall stakeholder awareness on all KCDP associated activities that will impact on fisheries and their habitats and

promote feedback among stakeholders through BMUs and MMAs to ensure adequate community participation in planning

and operation of the projects

• In areas where theft is an issue, security and awareness’ of benefits would be improved

• Where necessary, conduct EIA studies for projects that may have potentially adverse environmental or social implications

Monitoring and Evaluation:

The following data will be collected and monitored:

• Changes in CPUE, size structure and species composition of artisanal catches aggregated by gear type and target fishery

collected by KMFRI and various NGOs

• Frame Surveys

• Changes in income to fishers

• Changes in number, diversity and value of alternative livelihood investments among fisher communities developed through

the Community Driven Development Fund.

• Changes in revenue generated from EEZ fisheries

• Changes in water quality and benthic habitats

• Data from onboard observers

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Table 8: Assessment of potential impacts of project activities on coastal and marine habitats

Positive Environmental Impacts:

• Delineation of CMAs and MMAs will lead to enhanced

ecosystem productivity through Improved conservation of

coastal and marine habitats (e.g. shoreline protection,

control of fishing effort, carbon sequestration, and control

of water quality) for effective delivery of ecosystem goods

and services

• Improved service delivery resulting from construction of

institutional offices

Negative Environmental Impacts:

• Habitat degradation from establishment of commercial

plots and woodlots

• General stress on water resources specific to construction

activities

• Air quality changes due to construction activities (aquarium

and offices)

• Solid waste pollution from construction activities (aquarium

and offices)

Positive Socio-economic Impacts:

• Development of existing and alternative livelihoods will

relieve pressure on exploitation of coastal and marine

resources.

• Development of alternative livelihoods improving income

levels

• Support for existing CMAs, MMAs and MPAs at Boni-Kiunga,

Marereni and Kuruwitu is likely to impact improve livelihood

benefits

• Pressure on natural resources will be alleviated from

established eco-tourism related activities.

Negative Socio-economic impacts:

• Changes in behavior due to delineation will result in social

impact through loss of the original livelihood and loss of

income during the transition period.

• Displacement of artisanal fishermen and subsistence

farmers will occur as a result of delineation of CMA, MMA,

MPAs

• Resource use conflicts may be prevalent after delineation

and enforcement of set boundaries

• General changes in land use leading to resource use

conflicts depending on the subproject activities

• Spread of HIV/AIDS and drugs abuse

Information gaps and data quality:

There are several risks and uncertainties related to the analysis presented in this section. These are

most importantly:

• Habitat destruction, biodiversity change and impacts on coastal and marine habitats - The lack of good baseline data makes it

difficult to assess real changes in biodiversity and impacts on marine life due to coastal forest degradation.

• Tourism value – The degradation of the coastal and marine habitats in general reduces their tourism, an aspect that has not

been studied.

• Threshold value - Marine ecosystem threshold values are currently unknown. Phase shifts in coral reefs, in particular, are

well-documented in other regions. It is probable that dugong populations are currently nearing or have fallen below the

minimum viable population size.

Mitigation:

• Conduct environmental screening and for all alternative livelihood projects under KCDP/ALRMPII prior to approval to help

ensure activities operate within acceptable environmental limits. Should the findings reveal some potential for significant

negative environmental impact the EIAs should be done.

• Facilitate effective assistance should be ensured at the village level during the preparation of mitigation plans and the

development of proposals for funding under the Coastal Village Fund to encourage appropriate community choices

• Construct structures on land that is marginal and not of high biodiversity away from areas of traditional water use

• Locate constructions on sites that do not require resettlement to reduce potential conflicts with other land uses

• Provide protective clothing should be provided for those undertaking constructions

• Construction waste should be properly disposed in landfill areas

• Provide waste management facilities at the construction sites

• Campaigns on HIV/AIDS behavior change and drug use

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Monitoring and Evaluation

The following indicators should be measured and monitored:

• Livelihood activities at the village level, focusing on the collection of information on the spatial intensity of coastal and

marine resource use by ecosystem type as an indicator of the pressure on the resource.

• Health of coral reefs, seagrass beds and mangrove forests within CMAs, MMAs and MPAs (specific measures to be

determined).

• Assess and monitor any health and safety risks to workers as a result of dust, fumes, odours, or pollutants.

• Water, sediment quality analyses

• Monitor handling and storage of effluents and waste materials

• Assess changes in income to local communities

• Assess changes in number, diversity and value of alternative livelihood investments among local communities

developed through the CVF.

• Assess and monitor human development indices and tourist revenue

The review of negative and positive impacts of project activities on is shown in MSMEs sector in

Table 9.

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Table 9: Assessment of potential impacts of project activities in the MSME sector

Positive Environmental Impacts:

• Strengthening mango, cashewnut, coconut, honey,

aloe and jatropha cottage industries through the use

of appropriate technologies and incentives will lead to

improve land use of marginal areas and reduce habitat

degradation

• Improved Food security through value addition

Negative Environmental Impacts:

• Depending on the type of cottage industry, activities may have

impacts on environment including solid waste production,

sedimentation, soil erosion, stress on water resources,

sewage/waste water production, noise, changes in biodiversity,

loss of vegetation and water quality degradation. Too many

cottage industries in one locality would have a high cumulative

impact.

• Displacement of indigenous subsistence crops

• Construction of resource centers may lead to habitat

degradation, stress on water resources, air quality and solid

waste pollution

Positive Socio-economic Impacts:

• Cottage industry based activities will result in

improved revenue generation to local communities

and the government from sales and taxes

• Improved access to credit will help small scale

entrepreneurs and lead to economic empowerment

resulting in increased revenue, reduced poverty levels,

employment opportunities including self employment

• Public awareness campaigns on environmental issues

will lead to enlightened public on environment

management issues

Negative Socio-economic Impacts:

• Short-term localized land use conflicts may occur as a result of

siting of the industries

• Possibilities of the enterprises creating congestion, displacement

of people, obstruction of sidewalks or other pathways, or road

traffic.

• Usually men are able to provide counterpart funds needed to

access CVF grants thereby hindering access by women and youth

• Localization of industries in urban areas, close to access roads

would meant that hinterland communities remain marginalized

• Spread of HIV/AIDS

Information gaps and data quality:

• Some baseline data and information is available from various institutions. This information needs to be updated, collated and

assessed to determine the current status

• Use of new fishing technologies will depend on the willingness of fishers to adopt the methods

• Baseline information on existing alternative livelihood activities, their geographic locations and the income generated will be

needed to measure increased diversification and improvement in the livelihood benefits from the project activities

• Historical baseline data on water quality and habitat status

Mitigation:

• Promote community involvement and training on environmental management skills to provide micro-entrepreneurs

with useful information and general guidance on how to improve the environmental performance of their enterprises

• Ensure that microenterprise activities are not contributing to any unacceptable environmental impacts from activities

such as the clearing of primary forests, wetlands or critical wildlife habitat, or the unsustainable intensification of

agriculture

• Wherever possible, locate the micro-enterprise as close as possible to waste treatment facilities and use preventive

measures such as the reuse of wastewater. In cases where wastewater cannot be eliminated, ensure that water

sources are able to absorb effluent discharges

• Explore the possibility of using more green energy sources such as wind and solar energy to generate electricity

• Put in place management plans for raw materials (e.g., wood, potable water, and fuel) and adequate storage facilities

• Although a use for most waste residue in food processing activity is usually found at the micro-enterprise level, there

may be exceptions. Avoid burning waste as this contributes to air pollution. Ensure that any waste residue that is

generated is used in some other productive activity such as making compost or providing feed to poultry or other

animals

• Ensure that location of cottage operations do not threaten wildlife, green space or sensitive ecosystems.

• Ensure that stagnant waters do not build up around the food processing operations through provision of appropriate

drainage structures

• Site the operations in such a way that minimizes the impacts of noise, odours, and pollutants

• Provide easy access to local health facilities

• Ensure that micro-entrepreneurs and workers are aware of health and safety risks and establish a workplace safety

strategy with micro-entrepreneurs and workers. Promote the use of appropriate gear (masks, gloves, and ear plugs

and ensure proper ventilation)

• Incorporate environmental management systems in the enterprises and increase overall awareness on all KCDP

associated activities that will impact on environment and promote feedback among stakeholders through BMUs and

MMAs to ensure adequate community participation in planning and operation of the projects

• Ensure that the enterprise is not contributing to congestion, displacement of people, obstruction of sidewalks or other

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The review of positive and negative impacts of project activities on indigenous people is shown

in Table 10. Indigenous Peoples who reside in the Malindi, Tana River and Lamu districts in

Kenya are the focus of this analysis.

pathways, or road traffic

• Ensure that there is gender equality in the distribution of CVF funds and new technologies

• Ensure that there is outreach to hinterland communities

• Ensure that there is outreach to all levels of the community through the media and religious centers

• Ensure that HIV campaigns are integrated into the training of communities in new technologies

• Where necessary, conduct EIA studies for projects that may have potentially adverse environmental or social

implications

Monitoring and Evaluation:

The following data will be collected and monitored:

• Assess and monitor any health and safety risks to workers as a result of dust, fumes, odours, or pollutants.

• Water, sediment quality analyses

• Monitor handling and storage of effluents and waste materials

• Assess changes in income to local communities

• Assess changes in number, diversity and value of alternative livelihood investments among local communities

developed through the CVF.

• Assess and monitor human development indices

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Table 10: Assessment of potential impacts of project activities on indigenous people

Positive Environmental Impacts:

• Better appreciation of the value of indigenous

ecosystems, thus providing a stronger case for their

conservation

• Improved understanding of status natural resources

through increased scientific baseline information that

can feed into management plans

Negative Environmental Impacts:

• Areas identified as ESAs and proposed for conservation may cover

areas currently utilized by IPs. This may affect their livelihood.

• Conservation goals may conflict with current livelihood activities

practiced by the IPs

• Short-term impacts from construction of buildings and upgrading

of infrastructure

Positive Socio-economic Impacts:

• Livelihood enhancement and diversification by giving

support to increased adoption of livelihood

diversification opportunities

• Efficiency in delivery of services

• Improved employment and income generation

through alternative income sources, improved value

chains and fish quality.

Negative Socio-economic Impacts:

• Likely loss of cultural values if and when IPs adopt new livelihood

opportunities

• As the IP are marginalized, there is a risk that they are not invited

to participate in the spatial planning process which may further

aggravate their economic marginalization

• IPs may be influenced to change from their customary livelihood

sources and this may dilute cohesion among them and may result

in loss of cultural values

• New livelihood opportunities may conflict with current options

for IPs

• As the IP are marginalized in the decision making process and

their specific needs unknown to decision makers, there is a risk,

that CVF-projects proposed by them do not receive funding

• Short-term localized resource use conflicts as a result of improved

enforcement of management measures

• Spread of HIV/AIDS

Information gaps and data quality:

• Baseline information on existing alternative livelihood activities, their geographic locations and the income generated will be

needed to measure increased diversification and improvement in the livelihood benefits from the project activities.

Mitigation:

• IPs to be involved in the spatial planning process comprehensively and areas of conflict consultatively identified and options

explored and agreed on

• Capacity building of IPs to take advantage of new livelihood opportunities that are promoted by this project

• Construction of cultural centers to preserve culture of IPs

• Consultatively recommending use limits/carrying capacities of fragile eco-tourism/ indigenous sites

• Campaigns on HIV/AIDS behavior change

Monitoring and Evaluation:

The following data will be collected and monitored:

• Data social and economic characteristics of the Indigenous Peoples of the coast of Kenya

• Data on changes in income generated to the Indigenous Peoples from the various interventions and strategies proposed

• Number, diversity and value of alternative livelihood investments among Indigenous Peoples

• Value added (national level) of the commercial harvesting and processing sector.

10.0 ENVIRONMENTAL MANAGEMENT FRAMEWORK (EMF)

The EMF for this project is presented for the different components in Table 11. This covers

negative impacts of project activities, provides mitigation measures and recommendations for

monitoring.

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Table 11: Environmental and Social Framework for the KCDP Project

components

Project Activities Negative Environmental

and Social Impacts

Indicators Mitigation measures Recommended

Monitoring methods

Comments

Management

of Fisheries

Resources

MCS capacity and

monitoring in EEZ

Review of MCS

Framework

Building of MCS

capacity

Access rights

• None • Revenue generated

from licensing

• Number of vessels

licensed

• Feedback from VMS

• Remote sensed data

• None • Changes in revenue

generated from

licensing

• Changes in number of

vessels licensed

• Quality of remote

feedback from VMS

• Data from on-board

observers

None

Fish storage,

processing, and

marketing in landing

beaches

• Increased loss of local

forests to fuel fish

processing activities

• Stress on water resources

• Biodiversity loss

• Air quality (Odours during

fish processing)

• Solid waste generation

• Sewerage/waste water

generation

• Deforestation

• Change in fish species

diversity

• Changes in income

• Change in ecosystem

composition

• Reforestation to curb loss

of vegetation cover

• Enhance monitoring to

ensure compliance of

banned fishing gear

• Development of

environmentally friendly

alternative fishing gears

• Planting fast growing trees

for fuel wood to support

aquaculture/mariculture

ventures

• Introduction use of solar

fish driers to reduce

dependence on wood

• Ensure proper siting and

design of waste disposal

facilities

• Develop standard hygiene

protocols

• Treat waste water

efficiently to meet

standards set by NEMA

• Assessment of changes

in gear use

• Monitoring fuel sources

used during fish

processing

• Assessment of water

quality

• Prevalence of

waterborne diseases

from unmanaged wastes

Full EIA study is required

for the construction of fish

storage and processing

facilities

Aquaculture/Maricult

ure research and

demonstration

• Habitat degradation

• Stress on water resources

• Biodiversity loss

• Increased salinity

• Soil and ground water

contamination

• Changes in biodiversity

richness

• Changes in ecosystem

composition

• Water quality

degradation

• Site demonstration projects

away from vulnerable

habitats such as mangroves

• Ensure good pond design

and construction to avoid

abandonment due to

• Water quality analysis

• Monitoring of disease

carriers and occurrences

and taking corrective

measures where

necessary

Full EIA study is necessary

to identify all the negative

impacts of the

aquaculture/mariculture

activities

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• Solid waste pollution

• Sewerage/waste water

generation

• Stress on water resources

• Land use conflicts

• Theft of products

• Dumpsites of waste

material

• Waste/water related

disease vectors

• Increased effluents

• Social conflicts due to

unclear resource/land

ownership and lack of

trust

• Theft of stock from

ponds

salinity

• Ensure adequate

community participation in

planning and operation of

the projects

• Ensure good

communication & feedback

from communities through

establishing resource

centers

• Establish ponds away from

areas of traditional water

use

• Treat waste water

efficiently to meet

standards set by NEMA

Avoid project sites that are

controversial requiring

resettlement or increasing

conflicts with other land

uses

• Establish land /resource

ownership before start of

projects

• Ensure community

participation and

recognition of rights of all

participants

• Ensure sufficient security in

demonstration and pilot

sites

• Feedback meetings with

communities

• Socio-economic

assessment reports

Land suitability mapping

of the coastal region is

inbuilt in the project

design and it would be

used to identify sites for

aquaculture/mariculture

Hatchery

constructions

• Habitat degradation

• Stress on water resources

• Increased salinity

• Sewerage/waste water

generation

• Change in biodiversity

richness

• Change in ecosystem

composition

• Water use/supply

conflicts

• Increased effluents

• Waste water related

disease vectors

• Establish demonstration

projects away from

vulnerable habitats such as

mangroves

• Ensure adequate

community participation in

planning and operation of

the projects

• Establish fish ponds away

from areas of traditional

water use

• Water quality analysis

• Monitoring of disease

carriers and occurrences

and taking corrective

measures where

necessary

• Feedback meetings with

communities

Full EIA study is necessary

to identify all the impacts

of the hatcheries

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• Treat waste water

efficiently to meet

standards set by NEMA

Artemia processing • Habitat degradation

• Stress on water resources

• Biodiversity loss

• Increased salinity

• Soil and ground water

contamination

• Change in biodiversity

richness due to

increased salinity

• Change in ecosystem

composition

• Increased effluents

• Increased nutrient

loads

• Establish demonstration

projects away from

vulnerable habitats such as

mangroves

• Treat waste water

efficiently to meet

standards set by NEMA

• Water quality analysis

• Monitoring of disease

carriers and occurrences

and taking corrective

measures where

necessary

• Feedback meetings with

communities

Artemia processing should

be done in already

existing salt ponds

therefore Environmental

Audits should be

conducted

Stock assessments • None • Changes in CPUE,

• Change in size structure

and species

composition of catches

aggregated by gear type

and target fishery

• Data from frame

surveys

None • Ecological assessments

reports

• Stock status reports

• Field Repots

• Technical Reports

None

Gear technology

adoption (including

FADs)

• Potential conflicts

between resource users

(artisanal vs sport fishers

etc)

• Changes in gear use

• Changes in species

composition

• Collect baseline data to

monitor changes

• Engage relevant

stakeholders in awareness

campaigns and feedback

• Ecological and social

assessment reports

• Technical Reports

None

Spatial mapping of

fishing grounds and

landing beaches

• None • None • None • Maps produced and

integrated into spatial

plans and general

fisheries management

None

Management

of Natural

Resources

Delineation of CMA

and MMA in

Kuruwitu, Marereni,

Witu

• None • None • None • None None

Construction of

offices and

information centers

• Habitat degradation

• Stress on water resources

• Air quality

• Solid waste pollution

• Land use conflicts

• Change in biodiversity

richness

• Change in ecosystem

composition

• Water use/supply

conflicts

• Air quality degradation

• Dumpsites of waste

material

• Waste related disease

• Construction should be

done on land that is

marginal and not of high

biodiversity

• Site offices away from areas

of traditional water use

• Avoid office locations in

sites that require

resettlement, conflict with

other land uses

• Feedback meetings with

communities

• Sample analysis and

assessment reports

Full EIA study is necessary

to identify all the impacts

of the construction

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vectors • Provide protective clothes

for those undertaking

constructions

• Ensure that construction

waste is properly disposed

in landfill areas

• Provision of waste

management facilities

Construction of Boni-

Dondori internal

reserve road

• Habitat degradation

• Soil erosion

• Biodiversity loss

• Air quality

• Sewage/waste water

generation

• Change in biodiversity

richness

• Change in ecosystem

composition

• Changes in air quality

• Increased effluents

• Water related disease

vectors

• Construction not to be sited

on land that is marginal or

low in biodiversity

• Reforestation and re-

vegetation to curb soil

erosion

• Provision of waste

management facilities

• Vegetation cover

determination

• Sample analysis and

assessment reports

Full EIA study is necessary

to identify all the impacts

of the roads

Establishment of

commercial crops &

woodlots

• Soil and ground water

contamination

• Increase in crop/plant

vulnerability

• Loss of productive

agricultural land

• Socioeconomic impacts

such as land and water

user rights

• Ecosystem alteration due

to large scale

monocultures

• Spread of pests and

diseases

• Change in biodiversity

• Change in ecosystem

composition

• Change in soil nutrient

loads

• Identify appropriate tree

species that are adapted to

the ecological conditions

• Strike a balance between

crop farming and

cultivation of trees

• Prepare land capability

maps to show productive

agricultural areas that

would be avoided

• Use standard agro-forestry

techniques

• Use marginal land for

woodlots

• Water and soil sample

analysis and assessment

reports

Full EIA study is necessary

to identify all the impacts

of the woodlots and

commercial crops

Land suitability mapping

of the coastal region is

inbuilt in the project

design and it would be

used to identify sites for

the establishment of

woodlots and commercial

crops

Aquarium

construction

• Habitat degradation

• Stress on water resources

• Biodiversity loss

• Air quality

• Solid waste pollution

• Sewerage/waste water

generation

• Introduction Invasive

species

• Change in biodiversity

richness

• Change in ecosystem

composition

• Air quality degradation

• Increased effluents

• Waste water related

disease vectors

• Site the aquarium away

from vulnerable habitats

such as mangroves

• Develop a policy to stock

the aquarium with local

species

• Provision of protective

clothes for those

undertaking constructions

• Provision of waste

management facilities

• Develop waste

• Vegetation cover

determination

• Water sample analysis

and assessment reports

• Solid waste

management

Full EIA study is necessary

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management systems to

ensure efficient effluent

and waste water treatment

to meet standards set by

NEMA

Support for

Alternative

Livelihoods

Development of

terrestrial value

chains (e.g. cottage

industries)

• Stress on water resources

• Air quality

• Solid waste pollution

• Sewage/waste water

generation

• Short-term localized

landuse conflicts

depending of siting of

industries

• Possibilities of the

enterprises creating

congestion and

displacement of people,

obstruction of sidewalks

or other pathways, or

road traffic

• Gender inequality

• Lack of access of

hinterland communities to

CVF and new technologies

and benefit sharing

• HIV impacts on

community health and

productivity

• Water use/supply

conflicts

• Air quality degradation

• Dumpsites of waste

material

• Increased effluents

• Waste related disease

vectors

• Concentrations of

cottage industries in

specific areas

• Biased gender

representation in

established industries

• Change in HIV statistics

in the areas targeted

for cottage industries

• Site the operations to

minimise the impacts of

noise, odours, and

pollutants.

• Do not site operations in

areas that threaten wildlife,

green space or sensitive

eco-systems.

• Make provision for access to

health facilities

• Use gas scrubbers and

highly raised chimneys in

factories established

• Develop waste

management systems to

ensure efficient effluent

and waste water treatment

to meet standards set by

NEMA

• Ensure that any waste

residue is used in some

other productive activity

such as making compost or

providing feed to poultry or

other animals.

• Promote community

participation and train on

environmental

management skills

• Ensure there is

dissemination of project

information widely across

all community groups using

religious institutions

• HIV awareness campaigns

• Apply screening (see

check list in this ESMF) to

ensure that activities

comply with EIA

guidelines and best

practices

• Monitor of disease

carriers and occurrences

and taking corrective

measures where

necessary

• Monitor gender

participation in the

cottage industries

• Monitor HIV cases

reported

The check list applies to

small community projects

and EIA’s will only be

required where there are

sufficient affirmative

responses in the check list

to cause concern about

the proposed

development

Business

development services

• None • None • None • None None

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Financial services to

MSME

• None • None • None • None None

Private public

partnership

• None • None • None • None None

Construction of

resource centers

• Habitat degradation

• Stress on water resources

• Air quality

• Solid waste pollution

• Land use conflicts

• Change in biodiversity

richness

• Change in ecosystem

composition

• Water use/supply

conflicts

• Air quality degradation

• Dumpsites of waste

material

• Construct structures on

land that is marginal and

not of high biodiversity

• Avoid building the

structures in sites that

require resettlement or

conflict with other land

uses

• Site the structures away

from areas of traditional

water use

• Provide protective clothes

for those undertaking

constructions

• Ensure that construction

waste is properly disposed

in landfill areas

• Ecological assessment

reports

• Socioeconomic

assessment reports

• Visual observation

Full EIA study is necessary

Renovation &

equipping provincial

& district offices

• Air quality

• Solid waste pollution

• Air quality degradation

• Dumpsites of waste

material

• Provide protective clothing

for those undertaking

constructions

• Ensure that construction

waste is properly disposed

in landfill areas

• Visual observation

None

Project

Management

Team

Construction of office

block

• Air quality

• Solid waste pollution

• Water use/supply

conflicts

• Air quality degradation

• Dumpsites of waste

material

• Provide protective clothing

for those undertaking

constructions

• Avoid building the

structures in sites that

require resettlement or

conflict with other land

uses

• Ensure that construction

waste is properly disposed

in landfill areas

• Visual observation

• Assessment of solid

waste management

Full EIA study is necessary

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11.0 SCREENING OF SMALL PROJECTS

This section of the ESMF describes the screening process for small projects. These are projects

that are community driven and replication of such small project would have a cumulative

negative impact. Such small projects would be required to fill in the screening checklist during

the application process for the implementation of their project. The screening checklists

recommended for KCDP have been adopted from the MACEMP project (Annex V).

The goals of monitoring are to measure the success rate of the project, determine whether

interventions have resulted in dealing with negative impacts, whether further interventions are

needed or monitoring is to be extended in some areas. The implementation of mitigations will

be by the Lead Agencies while NEMA, which a project partner, is expected to play an oversight

role by ensuring that the environmental management plans are adhered to. This is expected to

be done by regular site visits for inspection of activities being undertaken by the project.

All the implementing agencies identified under this project, will monitor the specific

components of the KCDP project that they are targeted to execute. They will be required to

prepare periodic monitoring reports for submission to the project office. Consultations will be

done with local communities to ensure that they are part of the monitoring process. Local

communities in the project intervention areas will receive training in compliance and

governance to enable them effectively manage their resources.

12.0 CONCLUSIONS AND RECOMMENDATIONS

As noted in Tables 7 – 10 of this report, there are several types of environmental impacts: (a)

clearly positive environmental impacts; (b) environmental impacts of a transboundary nature;

(c) localized minor environmental impacts from micro-projects; (d) cumulative environmental

impacts from large numbers of those projects concentrated in an area; and (e) clearly negative

environmental impacts or social impacts that need to be mitigated. Tables 7 - 10 provide a

detailed evaluation of positive and negative impacts of project activities and possible mitigation

measures. The following table (Table 12) provides a brief analysis of the type of environmental

impact, examples of potential impacts and the Safeguard Policies that may be triggered.

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Table 12: Environmental and Social Framework for the KCDP Type of

environmental

Impact

Examples of potential impacts Safeguard

policies that

may be

triggered

Positive

• Reduction of the threat of collapse of valuable migratory fisheries from improved vessel

monitoring systems (VMS) and monitoring, control and surveillance (MCS) and more efficient

licensing system for the commercial fisheries in Kenya’s EEZ

• improved legislative and institutional framework for marine and coastal and terrestrial areas

and biodiversity resources management;

• reduction of post harvest loss through training and technology for value addition and waste

minimization

• restoration of degraded ecosystems

• improved environmental governance including capacity building for enforcement, compliance

and monitoring

• spatial planning, identification of sensitive areas, land capability mapping and integrated

coastal management all aimed at promoting an integrated institutional approach in the

identification and design of activities and influencing the type, scope and area of operations

to avoid sensitive areas

Transboundary

Besides the positive environmental impacts mentioned above from improved MCS,

transboundary impacts include:

• Illegal fishers from neighboring nations fishing in Kenya’s territorial waters without a license

(illegal fishing by artisanal fishers from Tanzania; and Somali pirates exploiting the rich fishing

grounds near the northern border with Somalia)

• Distant water fishing nations exploiting the migratory fisheries in the sub-region illegally

negatively impact the provisions of the un convention of the law of the sea, the un

convention on biodiversity and the FAO code of conduct

Projects on

international

waterways

(OP/BP 7.50)

Localized

and

Cumulative

• Support for artisanal fishing, small scale quarrying, charcoal production, agriculture where

land or forest is cleared, small scale irrigation, borehole construction, small scale roads

• These activities may have negative environmental impacts of a localized nature. However,

depending of the scope of the support, the cumulative impact could be quite significant.

• Each micro-project will need to be screened and the type of mitigation measure evaluated.

Resources will need to be committed to implement the mitigation action

Environmental

assessment

(OP/BP 4.01)

Natural habitats

(OP/BP 4.04)

Forests

(OP/BP 4.36)

Cultural

resources

(OP/BP 4.11)

Indigenous

peoples

(OP/BP 4.10)

Potentially

Negative

Environmental

and

Social

Impacts

• Restriction of access to fisheries through improved management of the marine conservation

areas

• Short-term reduction in income to artisanal fisheries engaged in illegal or unsustainable

fishing activities due to strengthened MCS

• Development impacts from sub-project investments from CVF (covered above

• cumulative impact of many new MSME near environmentally sensitive areas that are

undertaking similar activities

• Restriction of access to livelihoods of indigenous people through project activities. [The

Involuntary Resettlement safeguard is not likely to be triggered because no new MPAs will be

created; and any new conservation areas will be community conservancies or co-managed

conservancies where access to resources will be agreed upon by the communities.]

Environmental

Assessment

(OP/BP 4.01)

Natural Habitats

(OP/BP 4.04)

Forests (OP/BP

4.36)

Cultural

Resources

(OP/BP 4.11)

Indigenous

Peoples (OP/BP

4.10)

Involuntary

Resettlement

(OP/BP 4.12)

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Recommendations

• During the preparation of the ESMF and IPPF, an evaluation was made of the existing

legal framework and institutional structure for monitoring and identifying mitigation

measures to minimize environmental and social impacts. The framework is deemed to

be adequate. However, the capacity of almost all participating agencies to monitor the

safeguard policies is inadequate and requires strengthening during the first year of the

project. Additionally, while at the present moment the monitoring capacity may be

adequate, when the KCDP is initiated, the work load for the participating agencies will

increase considerably. In that situation, the monitoring capability is likely to be strained.

In the sister project to the KCDP, the Tanzania Marine and Coastal Environmental

Management Project (MACEMP), Safeguards Specialists were engaged by both sides of

the Union, Mainland Tanzania and Zanzibar. Their responsibility is to routinely monitor

project activities for their impact on safeguard policies and the identification of

mitigation measures and report to the Monitoring and Evaluation Specialist who would

enter these inputs into the main monitoring data base. An arrangement similar to the

one in the MACEMP is recommended to ensure that the benefits from the project do

not lead to long term negative environmental or social impacts.

• Sound mitigation measures that respond to the Safeguard Policies of the World Bank

and the provisions of the environmental and other sector regulations are integrated into

the design of the KCDP. Examples include (i) the environmental screening procedures

that will be applied during the PRA’s to identify impacts and recommend mitigating

measures;(ii) Participatory spatial development plans implemented at the “local

government” level. The spatial plans will allow for cost efficient and proactive

management of any cumulative impact resulting from KCDP-induced MSME growth; (iii)

Land Capability mapping to identify vulnerable areas to influence the types and scope of

the project interventions; and (iv) Integrated Coastal Management planning to ensure

that environmental and social impacts are minimized.

• It is recommended that the Information and Communication Strategy should integrate

the findings of the spatial planning, land capability mapping and the ICM process to

inform beneficiaries early on, about these planning frameworks and how they relate to

minimizing potential environmental and social impact. It is recommended that the

project budget for Environmental Audits to be carried out once an year to identify how

the spatial plans and land capability assessments are being utilized by project activities,

assess the potential for environmental and social impacts and recommend course

corrections. The findings should be incorporated into the Annual reports to the Policy

Steering Committee, Technical committee and the World Bank.

• The recommendations in the IPPF should be integrated into the design of components 2

and 3 to provide guidance on mitigating potential for involuntary resettlement;

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• If any unique cultural heritage site of national, regional or international importance is

within a project site, and is in need of protection or urgent rehabilitation, the Project

will provide the needed support (legal and physical in terms of works and services). In

undertaking this task, the project needs to ensure adherence to both the national

guidelines for restoration of valuable cultural sites and the UNESCO guidelines for the

same.

13.0 REFERENCES

Abuodha, P. and J. G. Kairo (2001) Human-induced stresses on mangrove swamps along the

Kenyan coast. Hydrobiologia 458: 255-265.

Burgess, N, D. and Clarke, G, P. (eds) (2000) The Coastal Forests of Eastern Africa. IUCN,

Cambridge.

Doute, R. N., Ochanda N. and Epp, H. (1981). A Forest Inventory Using Remote Sensing

Techniques. Kenya Rangelands Ecological Monitoring Unit and Department of

Resource Survey and Remote Sensing Technical Report. Nairobi. Series No. 30. pp

72.

Duineveld, G. C. A., P. A. W. J. de Wilde, E. M. Berghuis, A. Kok, T. Tahey, and J. Kromkamp.

1997. Benthic respiration and standing stock on two contrasting continental margins

in the western Indian Ocean: the Yemen-Somali upwelling region and the margin off

Kenya. Deep-Sea Research II 44:1293-1317.

Fisheries Department (2008) Marine Waters Fisheries Frame Survey Report. 62pp

Food and Agriculture Organization. 2007. The world's mangroves 1980-2005. A thematic study

prepared in the framework of the Global Forest Resources Assessment 2005. FAO

Forestry Paper -153-.

GoK, (2008). Kenya State of the Coast Report: towards theintegrated management of Kenya’s

coastal and marine resources. UNEP and NEMA, Nairobi. 90 pp

Habib, G. (2002) Fisheries Resources and Fisheries Development in the Kenya EEZ. Internal

Report to the Fisheries Departement, Nairobi Kenya 15pp.

Kairu, K. and Nyandwi, N. (Eds) (2000) Guidelines for the Study of Shoreline Change in the

Western Indian Ocean Region. IOC Manuals and Guides No. 40. UNESCO 2000

(English). vii + 55 pp.

Kaunda-Arara B., Rose G. A., Muchiri M. S. , and Kaka R. (2003) Long-term Trends in Coral Reef

Fish Yields and Exploitation Rates of Commercial Species from Coastal Kenya.

Western Indian Ocean J. Mar. Sci. Vol. 2, No. 2, pp. 105–116.

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Kitheka, J.U (1996b): Coastal tidally driven circulation and the role of water exchange in the linkage

between tropical coastal ecosystems Estuarine, Coastal and Shelf Science, Vol. 45.

p.177-187

Kitheka, J.U., M. Obiero and Nthenge, P (2005): River discharge, sediment transport and exchange

in the Tana Estuary, Kenya. Estuarine, Coastal Shelf Science, Vol. 63, p.455-468.

Kitheka, J.U., Ongwenyi, G.S and Mavuti, K.M (2003d): Fluxes and exchange of suspended

sediments in tidal inlets draining a degraded mangrove forest in Kenya. Estuarine,

Coastal Shelf Science, Vol. 56, p.655-667.

Mangi S. C and Roberts C (2007) Factors influencing fish catch levels on Kenya’s coral reefs

Fisheries Management and Ecology 14: 245–253

McClanahan T. R., Hicks C. and Darling E. S. (2008) Malthusian Overfishing and Efforts to

Overcome It on Kenyan Coral Reefs. Ecological Applications

McClanahan, T. R. & Obura, D. (1995) The status of Kenyan coral reefs. Coast Manage. 23: 57–

76.

Munga, D., Mwangi, S., Ong’anda, H., Kitheka, J. U., Mwaguni, S. M., Mdoe, F., Barongo, J.,

Masai, H. S., and Opello, G. (2006) Vulnerability and pollution of groundwater at

Kisauni, Mombasa, Kenya. In: Xu, Y. and Usher, B (eds) Groundwater pollution in

Africa. UNEP, pp 213-228.

Obura D. (2001). Kenya. Marine Pollution Bulletin, 42:1264-1278

Ochiewo, J. (2004a) Changing fisheries practices and their socioeconomic implications in South

Coast Kenya. Ocean & Coastal Management, 47: 389-408.

Ochiewo, J. (2004a) Changing fisheries practices and their socioeconomic implications in South

Coast Kenya. Ocean & Coastal Management, 47: 389-408.

Ruwa, R. K., G. Habib, M. Mukira, G. Okoth and G. Mwatha. (2003). Profile of Kenya Marine and

Fisheries – Country Working Resource Document. GEF-South-West Indian Ocean

Fisheries Project (SWIOFP) in Kenya. Publication No. 1 (2003), 71p.

Sanders M. J., Gichere S.G., and Nzioka R.M. (1990) Report on the Kenya Marine Fisheries

subsector. SWIOP-FAO.

Spalding, M., Blasco, F. and Field, C. 1997. World Mangrove Atlas. - International Society for

Mangrove Ecosystems, p. 178.

Uku, J. & Björk, M. (2005). Productivity aspects of three tropical seagrass species in areas of

different nutrient levels in Kenya. Estuarine, Coastal and Shelf Science 63: 407–420.

UNEP (1998) Eastern Africa Atlas of coastal resources: UNEP Regional Reports and Studies, No.

1 Nairobi, Kenya.

White, F. (1983) The Vegetation of Africa: A Descriptive Memoir to accompany the

UNESCO/AETFAT/UNSO Vegetation Map of Africa. UNESCO Natural Resources

Research 20:1–356.

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14.0 APPENDIXES

14.1 ANNEX I

14.1.1 List of specialists for the KCDP ESMF

Name Contact Field of expertise

Patrick Gwada P.O. Box 95579 - 80106

Mombasa, Kenya.

Marine Ecology and Lead Expert (EIA/EA)

Stephen Mwangi Kenya Marine And Fisheries Research Institute

(KMFRI),

P.O. Box 81651-80100, Mombasa

Email: [email protected]

Microbiology and Water quality assessments

Jacob Ochiewo Kenya Marine And Fisheries Research Institute

(KMFRI),

P.O. Box 81651, Mombasa.

Email: [email protected]

Socio-Economics

Gladys Okemwa Kenya Marine And Fisheries Research Institute

(KMFRI),

P.O. Box 81651, Mombasa.

Email: [email protected]

Fisheries

Harrison Onganda Kenya Marine And Fisheries Research Institute

(KMFRI),

P.O. Box 81651, Mombasa.

Email: [email protected]

Information and Data Management and GIS

Dr. James Kairo Kenya Marine And Fisheries Research Institute

(KMFRI),

P.O. Box 81651, Mombasa.

Email: [email protected]

Mangrove Specialist

Dr. Bernard Kirui Kenya Marine And Fisheries Research Institute

(KMFRI),

P.O. Box 81651, Mombasa.

Email: [email protected]

Environment/GIS Specialist

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14.2 ANNEX II

14.2.1 Stakeholder consultations

Summary of Stakeholder Consultative workshops/meetings for KCDP

Workshop /consultative meetings– Natural Resources (Biodiversity, Forestry, Agriculture &

Tourism) - KEFRI �o

Type of workshop Venue Date Attendance Institutions

Stakeholders consultative

workshop

Malindi County

C. Hall

29.07.2009 15 KEFRI & KFS

Stakeholders consultative

workshop

Malindi County

C. Hall

30.07.2009 89 KEFRI(Gede & HQts), KFS Coast,

Fisheries Msa, KMFRI, CBOs, NMK,

WWF Kwale & Msa, KWS Msa &

Mld, Ufanisi herbal group,

Kipepeo, Watha community,

Ujamaa Centre Msa,

Stakeholders workshop Malindi County

C. Hall

31.07.2009 10 KEFRI, KFS, KARI, MOA

Office on site meeting KARI MTWAPA 22.12.2009 3 Asst. Centre Director, KARI

Mtwapa

Office on site meeting Kwale 23.12.2009 3 Ag. DFO Kwale, KFS

Office on site meeting Kwale 23.12.2009 3 Forester Kwale, KFS

Office on site meeting WWF Ukunda 23.12.2009 3 Project Executant

Office on site meeting Forester Buda 23.12.2009 3 Forester Buda, KFS

Office on site meeting Asst. DFO Kilifi 24.12.2009 3 Asst. DFO Kilifi, KFS

Office on site meeting CD KEFRI-COAST 30.12.2009 3 HOC Coast and Asst. DFO Malindi

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Workshop/consultative meeting summaries –Fisheries

1 No Type of workshop Venue Date Attendance Institutions

2 1 Stakeholders

consultative workshop

Malindi Eden

Rock Hotel

5.06.2009 119 CBOs (BMUs from Lamu, Tana

river,Malindi, Kilifi,Mombasa

Kwale), KMFRI & KFS, NGOs (

Kwetu Training Centre and

AFMEN-Tana Friends of Marine

Env’t)

Workshop/Consultative meetings summaries – Natural Resources (Biodiversity, Forestry,

Agriculture & Tourism) - KWS No Type of workshop Venue Date Attendance Institutions

3 1 KCDP KWS External

Stakeholders

Consultative Meeting

KWS Boardroom

Lamu

11.09. 2009 8 KWS, FiD, Kiunga MNR KFS

4 2 KCDP KWS External

Stakeholders

Consultative Meeting

Malindi County

C. Hall

12.09.2009 18 KFS, KWS, BMUs, CBOs, Provincial

Administration,

5 3 KCDP KWS External

Stakeholders

Consultative Meeting

Kisite MNP & R 14.09.2009 46 BMU, Self help groups,

CBOKWSKMFRI, KFS, JICA, Provincial

Administration, FiD,NGO, Private

Sector

6 4 KCDP KWS External

Stakeholders

Consultative Meeting

Shimba Hills 15.09.2009 25 KWS, CBOs, NGO

7 5 KCDP KWS External

Stakeholders

Consultative Meeting

KWS Boardroom,

Mombasa

16.09.2009 9 KWS, Min. of Tourism, FiD, KFS,NEMA

8 6 KCDP KWS External

Stakeholders

Consultative Meeting

KEFRI Gede 17.09.2009 59 KFS, KWS,Private Sector, CBOs, NGOs,

KEFRI

7 KCDP KWS External

Stakeholders

Consultative Meeting

Mombasa Marine

Park

18.09.2009 14 KWS, CBOs, NGOs

8 KCDP KWS External

Stakeholders

Consultative Meeting

Mariakani 24.09.2009 44 KWS, KFS, CBOs

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Workshop Summaries – Micro Enterprise Component No. Type of workshop/

consultative

meeting

Venue Date Attendance Institutions

1. Public-Private

Partnership

Meeting

CDA 29.01.2009 22 World Bank, KEFRI, Private Investors, CDA,

FiD, Provincial Planning

2. CDA Technical Staff

Meeting On KCDP

CDA 07.09.2009 26 CDA Staff, CDA Board, KMFRI

3. Stakeholders

Workshop

Mpeketoni 10.09.2009 29 Lamu entrepreneurs, Ministry of Youth,

FiD, MOA, CBOs, NGOs, Cotton Dev

Authority, Ministry of Planning, Provincial

Administration, CDA

4. Stakeholders

Workshop

Kilifi 14.10.2009 30 Kilifi CBOs, Kilifi Entrepreneurs, Ministry

of Gender, Ministry of Livestock, FiD,

MOA, Media, CDA

5. Stakeholders

Workshop

Kwale 15.10.2009 26 Kwale CBOs, Kwale Entrepreneurs, KWS,

KMFRI, Ministry of Livestock, MYWO,

MOA, Arid Lands, Ministry of

Cooperatives, World Vision, CDA,

6. Mfi Stakeholders

Workshop

CDA 21.10.2009 11 MFIs, CDA, ABD,

7. Focal Area 3

(Sustainable

Livelihoods)

Meeting

CDA 30.11.2009 7 Ministry of Planning, Physical Planning,

Provincial Administration, CDA

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14.3 ANNEX III

14.3.1 Description of National Legal Instruments

The Forests Act 2005

Gazetted forest land is reserved using the Forest Act 2005. Under the Forest Act, a piece of

forest land can be degazetted and converted to other uses. However, the Forest Act requires all

de-gazettement of forest land to be discussed and approved by Parliament following

preparation of a comprehensive EIA Report. All degazetted land then reverts to the

Commissioner of Lands who then proceeds to allocate the land in accordance with the Land

Control Act. Under the Forest Act 2005, forest land can also be leased for use for other

purposes provided that such use does not contradict conservation goals. The same act also

allows for Participatory Management of Forests and thus guarantees communities rights to

access and utilize certain forest goods and services including citing of water supply intake works

in forest areas.

The Wildlife Conservation & Management Act (Cap. 376)

This Act provides for the protection, conservation and management of wildlife in Kenya. Nature

Reserves and National Parks are controlled by the Kenya Wildlife Service under the Wildlife

(Management and Co-ordination) Act of 1976. The common feature with all land reserved for

use by wildlife is that its conversion to any other form must be approved by Parliament.

The regulatory regime adopted by the Act is for the minister responsible for wildlife to declare

that a given area is a national park; national reserve or a local sanctuary. Conversely, the

Minister may declare that a specific area has ceased to be so or simply that a boundary has

been varied. A notice of intention to designate an area is usually issued through gazettement

and interested parties may submit objections within sixty days. Every declaration is subject to

the approval of the National Assembly.

In Kenya there are some 60 protected areas, including a number of marine protected areas

(MPAs). The regulatory body is the Kenya Wildlife Services (KWS), which is a parastatal body

currently within the Ministry of Tourism and Wildlife. It is headquartered in Nairobi, though

with a Regional Office for the coast headquartered in Mombasa.

The Fisheries Act (Act No. 5 1989)

It is to provide for the development, exploitation, utilization and conservation of fisheries. The

Fisheries Act covers the near shore and offshore fisheries, all marine species, migratory and

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straddling stocks. Access to these stocks is by issuance of a licience but capacity constraints

pose a problem to good governance and sustainable utilization of these stocks.

Our present concern is with those provisions relating to fisheries conservation and

sustainability. The Act empowers the Minister to make regulations governing other technical

issues including conservation measures. The entire maritime zone is declared a pollution

prevention zone, implying that the area is subject to strict regulatory discharge standards.

Movement of boats or gear from one body of water to another is only allowed subject to

express permission by an authorized fishery officer.

Land Control Act CAP 406

Government land is land owned by the government of Kenya under the Government Lands Act

(Cap. 280). This includes, for example, forests, gazette national parks and reserves. The

Government Lands Act allows the President, through the Commissioner of Lands, to allocate

any unalienated government land to any individual. In practice, such allocations have often

been made without proper regard to social and environmental factors.

Trust land is land held and administered by various local government authorities as trustees

under the constitution of Kenya and the Trust Land Act (Cap. 288). National reserves and local

sanctuaries as well as county council forest reserves, are in this category. Individuals may

acquire leasehold interest for a specific number of years in trust land and can (in theory) be

repossessed by the local authorities should the need arise. Local authorities should retain

regulatory powers over trust land.

Private land is land owned by private individuals under the Registered Land Act (Cap. 300). On

registration as the landowner, an individual acquires absolute ownership on a freehold basis.

The use of private land may, however, be limited by provisions made in other legislation, such

an Agriculture Act (Cap. 3 18). For instance, to protect soils the clearing of vegetation may be

prohibited or the planting of trees required. Land preservation orders issued by the director of

agriculture can cover a whole range of other measures.

The Land Planning Act (Cap 303)

It makes provisions for the overall planning for the use and development of land. The Planning

Authority, particularly the Director of Physical Planning, has the powers to cover planning and

zoning for the whole country’s towns & agricultural areas. The present project area falls under

Mombasa City. The Planning Authority is responsible for the delineation of the agricultural

lands, urban centers as well as the location or sitting of such physical infrastructure as roads,

buildings, industries and power lines.

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The Agriculture Act

The Agriculture Act Cap 3 18 of the Laws of Kenya seeks to promote and maintain a stable

agriculture, to provide for the conservation of the soil and its fertility and to stimulate the

development of agricultural land in accordance with the accepted practices of good land

management and good husbandry. This act provides legislative control over soil conservation

and land management. Many of the activities of this project will trigger the implementation of

the legislation as they are concerned with promoting agricultural development through

irrigation and use of chemicals.

The Water Act 2002

Sessional Paper no. of 1999 on the National Water Policy on Water Resources Management and

Development provides policy direction for the water sector. The policy directions include the

preservation, conservation and protection of available water resource; sustainable, rational and

economical allocation of water resources; supplying adequate amounts of water meeting

acceptable standards for the various needs; ensuring safe wastewater disposal for

environmental protection; developing a sound and sustainable financial system for effective

water resources management, water supply and water borne sewage collection, treatment and

disposal.

Irrigation Act (CAP 347)

The existing Irrigation Act Cap. 347 of 1966, which established the National Irrigation Board,

does not give clear provisions for the management and coordination of irrigation activities nor

provide for beneficiary participation in the planning and implementation of irrigation projects.

In addition, it does not create a conducive environment for sustainable irrigation and drainage

development. The Act is of limited scope as it was formulated specifically for tenant-based

irrigation settlement schemes, which are no longer tenable in their current form in a liberalized

environment. To address this, a National Irrigation Policy and Master Plan is under preparation.

The Lakes and Rivers Act Cap 409

This act makes provision for the protection of bird and other wildlife in or on lakes and rivers.

This act also regulates dredging and the use of steam vessels on certain lakes and the rivers

(including Tana and Athi) that drain into the Indian Ocean along Kenya’s coast.

The Maritime Zones Act (1989)

It sets out provisions for the conservation and management of Kenya’s marine resources by

prescribing the limits of national jurisdiction. It brings Kenyan claims in line with the 1982

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United Nations Convention on the Law of the Sea (UNCLOS). The law empowers the Minister to

make regulations for the control of, inter alia, protection of the marine environment and

regulation of exploration and exploitation of resources.

The Continental Shelf Act Cap 312

The Act vests rights in the Government in respect of the natural resources of the continental

shelf, and to provide for matters incidental thereto and connected therewith. It is very relevant

to this project to the extent that some of the proposed works will directly impact the

continental shelf.

The National Museums and Heritage Act, 2006

This is an Act of Parliament to consolidate the law relating to national museums and heritage;

to provide for the establishment, control, management and development of national museums

and the identification, protection, conservation and transmission of the cultural and natural

heritage of Kenya; to repeal the Antiquities and Monuments Act (Cap 215) and the National

Museums Act (Cap 216). It essentially consolidates the main provisions in the repealed Acts. It

came into force on 8th September 2006. The Act establishes the National Museums as its main

institutional arrangements for the conservation of heritage.

The Local Government Act

The Local Government Act, CAP 265, gives the Local authorities powers over sanitation within

their respective urban centres. This Act empowers the Municipal Authority to provide and

maintain sanitation and sewerage services and to take measures to control or prohibit factories

and industries from emitting smoke, fumes, chemicals, gases, dust, smell, noise, vibrations or

any danger, discomfort or annoyance to the neighbourhood and to control disinfections

particularly using cyanide. They are empowered to punish those disrupting sanitation sewerage

lines and can compel owners to construct sewage line into the systems and drainages.

The Kenya Ports Authority Act (Cap. 391)

This act provides for the operation and management of Kenya’s ports in the Kenya Ports

Authority (KPA), a statutory corporation. The Authority can (a) construct any wharf, pier,

landing areas or any other work deemed necessary; (b) control the erection and use of wharves

in any port or approaches to such ports; and (c) construct new ports.

The Coast Development Authority Act, Cap 449

This act provides for the establishment of the Coast Planning Authority to plan and coordinate

the implementation of development projects in the whole of Coast Province and the EEZ. The

Act gives powers to the Authority to plan, coordinate, gather and disseminate information, and

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to generally manage and develop coastal resources in a sustainable manner. In an effort to

avoid duplication of effort and to ensure the best use of available technical resources, the

Authority maintains close links with other Government institutions and the private sector.

The Tana and Athi Rivers Development Authority Act (Cap 443)

This act covers river and river-basin management and it led to the formation of Tana and Athi

Rivers Development Authority (TARDA) to advise on the institution and coordination of

development projects in the Tana and Athi River basins and related matters. This includes the

planning and development of the two rivers’ basins and resources.

Tourism Acts

The Tourism Industry Act (Cap 385), Tourism Industry Licensing Act (Cap 381) and the Tourist

Development Cooperation Act (Cap 382) regulate tourism-related activities in Kenya, with a

view to mitigating tourism-related pressure on ecosystems, preserving community structure,

sustaining productivity and conserving biodiversity.

The Energy Act

Enacted in 2006, the Energy Act regulates petroleum and renewable energy sectors in addition

to electricity. The Act give credence to formation of Energy Regulation Commission (ERC) and

states the objects and functions of ERC to include regulating the importation, exportation,

transportation, refining, storage and sale of petroleum and petroleum products. Therefore one

of the functions of the ERC is licensing of petroleum import, export, transport, storage, refining

and sale. Construction Permits are also to be issued by ERC for all petroleum related facilities in

order to check proliferation of substandard sites. All petroleum operators are required to

comply with provisions for Environment Health and Safety petroleum products should also

meet the relevant Kenya Standards.

The Mining Act

This Act provides rules for the prospecting for and mining of minerals, except mineral oil, in

Kenya. The Act states that all unextracted minerals (other than common minerals) under or

upon any land are vested in the Government. Certain classes of land are excluded from

prospecting and mining. Trust land is excluded, except that mining may take place with the

consent in writing of the county council within whose area of jurisdiction the land is situated.

There shall be a Commissioner of Mines and Geology, a mining engineer, inspectors and

assistant inspectors of mines. Prospecting rights and an exclusive prospecting license are

granted by the Commissioner. Discovery of minerals shall be reported to the Commissioner.

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The Commissioner may grant a location right upon discovery and a mining lease. A mining lease

shall give various rights to the holder of the right including the right to water, to lay water pipes

and to make watercourses and pounds, dams and reservoirs and to divert, under certain

conditions, from a natural watercourse any water on or flowing entirely through the land

subject to the mining lease. Holders of a right of location or mining lease may take timber on

the relevant land in accordance with provisions of this Act. The Commissioner shall decide on

disputes regarding matters covered by this Act.

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14.4 ANNEX IV

14.4.1 Description of historical and archaeological sites and cultural sites along the Kenya

coast

Historical and archaeological sites

The Kenya coast is rich in historical and archaeological sites, a testament to its long and full

history depicting centuries of Swahili culture. Various remnants of mosques and other buildings

reflect different Islamic architecture using lime, coral stone and timber. These historical

remains mainly comprise of mosques, groups of tombs located inside or outside city walls,

mounds and house walls representing the old city houses. Among the main archaeological sites

of significance along the Kenya Coast (based on various reports of the National Museums of

Kenya) include: Fort Lamu, Mkomani and Hidabu, many tombs, ruined houses, as well as good

collections in the Lamu Museum. There are also many buildings with old traditional carved

wooden doors and a lot of moulded plaster work, some dating back to the 18th Century. Pate,

one of the largest sites on the coast has eight ruined mosques, numerous house ruins and

tombs. This is one of the earliest sites on the Coast, along with Manda and Shanga. Gedi, in

Mida area, is a 15th Century Arab town that has been declared a national monument. A great

mosque, six minor mosques, numerous large houses, pillar tombs, stone tombs and the town

walls are some of the most distinctive attributes of this magnificent site.

In Malindi the ruins include the Jemadari Mosque in the north, the pillar tombs, an old

Portuguese chapel, the Da Gama Cross (at the southern end of Malindi Harbour given to the

Shirazi Sheikh of Malindi in gratitude for the warm reception received) and the South Mosque.

In Mombasa area, the sites include a large part of Mombasa Old Town, Fort Jesus (built by the

Portuguese in the 15th Century), Fort St Joseph, the Mbaraki pillar, the Mazrui Cemetery, the

redoubts at the present-day golf course, the ruins at Allidina Visram school.

Other interesting sites include Ishakani with two mosques and various tombs of outstanding

architecture at the main site, as well as two outlying tomb groups with some of the finest

funerary architecture on the East African coast. Mtwapa has a large Friday Mosque, tombs, and

the remains of over sixty houses, often well-preserved with fine architectural details. Mwana

Brief Description of Kaya forests and their outstanding universal value

The Mijikenda Kaya Forests consist of 11 separate forest sites spread over some 200 km along

the coast containing the remains of numerous fortified villages, known as kayas, of the

Mijikenda people. The kayas, created as of the 16th century but abandoned by the 1940s, are

now regarded as the abodes of ancestors and are revered as sacred sites and, as such, are

maintained as by councils of elders. The site is inscribed as bearing unique testimony to a

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cultural tradition and for its direct link to a living tradition. The kayas are mostly on low hills,

ranging in size from 30 to around 300 ha, in which are the remains of fortified villages, Kayas, of

the Mijikenda people. They represent more than thirty surviving Kayas.

The Kayas began to fall out of use in the early 20th century and are now revered as the

repositories of spiritual beliefs of the Mijikenda people and are seen as the sacred abode of

their ancestors. The forests around the Kayas have been nurtured by the Mijikenda community

to protect the sacred graves and groves and are now almost the only remains of the once

extensive coastal lowland forest.

The Kayas provide focal points for Mijikenda religious beliefs and practices, are regarded as the

ancestral homes of the different Mijikenda peoples, and are held to be sacred places. As such

they have metonymic significance to Mijikenda and are a fundamental source of Mijikenda’s

sense of ‘being-in-the-world’ and of place within the cultural landscape of contemporary Kenya.

They are seen as a defining characteristic of Mijikenda identity. The Kayas are now the

repositories of spiritual beliefs of the Mijikenda and are seen as the sacred abode of their

ancestors. As a collection of sites spread over a large area, they are associated with beliefs of

local and national significance, and possibly regional significance as the sites extend beyond the

boundaries of Kenya. Important Kayas along the coast include Kaya Giriama, Kaya Jibana, Kaya

Kambe, Kaya Kauma, Kaya Ribe, Kaya Kinondo, Rabai kayas and Duruma kayas.

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14.5 ANNEX V

14.5.1 Environmental Screening Of Micro-Enterprise And Small Projects

PART A: GENERAL INFORMATION

1. Name of project:_______________________________

2. Sector:______________________________

3. Name of the Community:__________________________

4. Name of Ward:_________________________________

5. Name of District:___________________________________

6. Name of Executing Agent:____________________________

7. Name of the Approving Authority:_________________________

8. Individual Responsible for Completion of Form A:_______________________

a) Name: _____________________________

b) Job title: ______________________________

c) Telephone Number:_____________________________

d) Fax Number:______________________________

e) E-mail Address:_____________________________

f) Date:__________________________________

g) Signature:________________________________

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PART B: DESCRIPTION OF THE ENVIRONMENTAL SITUATION AND

IDENTIFICATION OF ENVIRONMENTAL AND SOCIAL IMPACTS

Describe the sub-project location, siting and surroundings (include a map, even a sketch map)

Describe the marine and coastal environment in/adjacent to the sub-project (e.g., types of habitats

mangrove forest, coral reef, tidal mudflat, etc.; animal life and vegetation; topography).

Estimate and indicate where vegetation might be cleared, or structures placed in the water.

1. Environmentally Sensitive Areas or Threatened Species

Description Yes No Not

Known

Are there any environmentally sensitive areas or threatened species

that could be adversely affected by the project (specify below)?

1 Intact natural forests

2 Riverine forests

3 Surface water courses or natural springs

4 Wetlands (lakes, swamps, seasonally inundated areas)

5 Coral reefs

6 Seagrass beds

7 Area of high biodiversity

8 Habitats of endangered/threatened species for which

protection is required under Kenyan law.

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2. Contamination and Pollution Hazards

Description Yes No Not

Known

1 Is there any possibility that the project will be at risks of

contamination and pollution hazards from latrines, dump

sites, Industrial discharge, water discharge, etc.?

3. Geology and Soils

Description Yes No Not

Known

1 Is there any possibility of soil instability in the project area

(e.g., black cotton soil, landslide, subsidence)

2 Is there any possibility of the area having risks of large scale

increase in soil salinity?

3 Based on inspection, is there any possibility of the area being

prone to floods, poorly drained, low-lying, depression or block

run-off water?

4. Lands

Description Yes No Not

Known

1 Are there farm lands in the project area?

2 Will the project result in more or improved farm lands?

3 Will the project result in less or damaged farm land?

4 Will the project result in loss of crops, fruit trees or household

infrastructures (e.g., livestock shed, toilets, granaries)?

5 Will the project interfere or block land access or routes (e.g.,

for people, livestock)?

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5. Soil Erosion

Description Yes No Not

Known

1 Will the project help to prevent soil loss or erosion?

2 Will the project directly cause or worsen soil loss or erosion?

3 Could the project indirectly lead to practices that could cause

soil loss or erosion?

4 It is necessary to consult a solid scientist?

6. Slope Erosion

Description Yes No Not

Known

1 Does project involve modification of slopes?

2 Will project affect stability of slopes directly or indirectly?

3 Should project cause people or property to be located where

existing unstable slopes could be a hazard?

4 It is necessary to consult a geotechnical engineer?

7. Surface Water Quantity

Description Yes No Not

Known

1 Do surface water resources exist in project area?

2 Will the project increase demand or cause loss of available

surface water?

3 Is it necessary to consult a hydrologist?

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8. Surface Water Quality

Description Yes No Not

Known

1 Will the project lead to additional natural or manmade

discharges into surface water courses or water bodies?

2 Could the project cause deterioration of surface water

quality?

3 It is necessary to consult a water quality expert?

9. Ground Water Quantity

Description Yes No Not

Known

1 Do ground water resources exist in project area?

2 Will the project increase demand or cause loss of available

ground water?

3 Is it necessary to consult a hydrologist?

10. Ground Water Quality

Description Yes No Not

Known

1 Will the project cause any natural or man-made discharge

into ground aquifer?

2 Could the project cause deterioration of ground water

quality?

3 Is it necessary to consult a hydrologist?

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11. Marine Water Quality

Description Yes No Not

Known

1 Will the project lead to additional natural or manmade

discharges into marine water bodies?

2 Could the project cause deterioration of marine water

quality?

3 It is necessary to consult a marine water quality expert?

12. Freshwater Ecosystems

Description Yes No Not

Known

1 Are there any freshwater ecosystems in the project area such

as rivers, streams, lakes or ponds, which might be considered

significant?

2 Will project affect the use or condition and use of such

freshwater ecosystems?

13. Wetland Ecosystems

Description Yes No Not

Known

1 Are there any wetlands ecosystems in the project area such as

marsh, swamp, flood plains, or estuary, which might be

considered significant?

2 Will the project affect the use or condition of such wetlands?

14. Marine Ecosystems

Description Yes No Not

Known

1 Are there any marine ecosystems in the project area such as

coral reefs or seagrass beds, which might be considered

significant?

2 Will the project affect the use or condition of such marine

ecosystems?

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15. Terrestrial Ecosystems

Description Yes No Not

Known

1 Are there any terrestrial ecosystems in the project area such as

forest, savannan grassland or desert which might be

considered significant?

2 Will project affect the use or condition of such terrestrial

ecosystems?

16. Endangered/Threatened/Rare/Endemic Species

Description Yes No Not

Known

1 Is the existence of endangered, threatened, rare or endemic

species in the project area known?

2 Will project affect the habitat of any such species?

17. Migratory Species

Description Yes No Not

Known

1 Do migratory fish, birds or mammals use the project area?

2 Will project affect the habitat and numbers of such species?

18. Beneficial Plants

S/No Description Yes No Not

Known

1 Do non-domesticated plants occur in the project area which

are used or sold by local people?

2 Will the project affect these species by reducing their habitat

or number in any way?

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19. Beneficial Animals and Insects

Description Yes No Not

Known

1 Do non-domesticated animals occur in the project area which

are used or sold by local people?

2 Will the project affect these species by reducing their habitat

or number in any way?

20. Disease Vectors

Description Yes No Not

Known

1 Are there known disease problems in the project area

transmitted through vector species?

2 Will the project increase habitat for vector species?

3 Is it necessary to consult a public health officer?

21. Resource/Land Use

Description Yes No Not

Known

1 Are lands in the project area intensively developed?

2 Will the project increase pressure on land resources?

3 Will the project result in decreased holdings by small land

owners?

4 Will the project result in involuntary land take?

5 Should a land use planner be consulted?

22. Energy Source

Description Yes No Not

Known

1 Will the project increase the local demand for conventional

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energy sources?

2 Will the project create demand for other energy sources?

3 Will the project decrease the local supply of conventional

energy sources?

23. Degradation of Resources during Construction

Description Yes No Not

Known

1 Will the project involve considerable use of natural resources

(construction materials, water spillage, land or energy that

may lead to depletion or degradation at point source)?

24. Distribution Systems

Description Yes No Not

Known

1 Will the project enhance inequities in the distribution of

agricultural and/or manufactured products?

2 Will the project increase demand for certain commodities

within or outside the project area?

3 Will the project result in decrease in production or supply of

certain commodities within the project area?

4 Will the project enhance inequities in the distribution of

benefits?

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25. Employment and Income

Description Yes No Not

Known

1 Will the project increase the rate of employment?

2 Will the project remove job opportunities from the area?

3 Will the project increase/decrease income sources or means of

livelihood?

26. At-Risk Population

Description Yes No Not

Known

1 Are the adverse impacts of the project unequally distributed in

the target population?

27. Land Acquisition and Livelihoods

Description Yes No Not

Known

1 Will land be acquired?

2 Will people’s assets or livelihoods be impacted?

3 Will people loose access to natural resources?

28. Existing Population

Description Yes No Not

Known

1 Are there currently any people living in or near the project

area?

2 Will the project affect people in or near the project area?

3 Will community participation in project design and

implementation be necessary?

4 It is necessary to consult a sociologist?

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29. Migrant Population

Description Yes No Not

Known

1 Are there currently any mobile groups in the target

population?

2 Will the project result in the movement of people in or out of

the area?

3 Is it necessary to consult a sociologist?

30. Cultural and Religious Values

Description Yes No Not

Known

1 Will the project adversely affect religious and/or cultural

attitudes of area residents?

2 Are there special beliefs, superstitions or taboos that will affect

acceptance of the project?

31. Tourism and Recreation

Description Yes No Not

Known

1 Is there at present a significant degree of tourism in the area?

2 Is there unexploited tourism or recreation potential in the

area?

3 Will the project adversely affect existing or potential tourist or

recreation attractions?

32. Maintenance and Repairs

Description Yes No Not

Known

1 Will the project require frequent maintenance and repair?

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PART C: CONCLUSION

Summary Safeguard Requirements

All the above answers are “No” If the above answers are “No”, there is no

need for further action.

There is at least one “Yes” If there is at least one “Yes”, then a Simple

Environmental Review of impacts and

proposed mitigation measures should be

undertaken

Which courses(s) of action do you recommend?

No further action if sub-project has no impacts.

Simple Environmental Review (ER) if sub-project may create a few minor and readily mitigatable

impacts – to be conducted by District Environmental Officer.

Full Environmental Impact Assessment (EIA) if the sub-project may result into potentially

significant direct or indirect adverse impacts

Any other recommendation (explain).

This form has been completed by:

Name: __________________________________________

Title: _________________________________________

Date: __________________________________________

Signature: __________________________________________

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14.5.2 Simple Environmental Review

TYPE OF EXPECTED IMPACT DESCRIPTION OF IMPACT PROPOSED MITIGATION MEASURE

PHYSICAL ENVIRONMENT:

Increased soil erosion?

Increased sediment load into receiving water?

Likely contamination of marine or freshwater

(surface or sub-surface)?

Excessive dust or noise during construction?

BIOLOGICAL

ENVIRONMENT:

Removal or disturbance of natural vegetation?

Sub-project in core area, buffer area or

protection area?

Disturbance of animal or any locally important

habitat?

SOCIAL ENVIRONMENT:

Aesthetic degradation of a landscape?

Degradation or disturbance of a cultural site?

Transport or use of toxic substance that pose

a risk to human health?

Involuntary displacement of individuals or

households?

Economic losses to individuals or households?

Report prepared by:

Name: _______________________________________________

Position: ___________________________________________

Signature: ____________________________________________

Date: _____________________________________________________

Report approved by: __________________________________________________

Name: _____________________________________________________

Position: _______________________________________________

Signature: _______________________________________

Date: _________________________________________________

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14.6 ANNEX VI

14.6.1 Indigenous People’s Framework

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REPUBLIC OF KENYA

KENYA COASTAL DEVELOPMENT PROJECT (KCDP)

INDIGENOUS PEOPLES PLANNING FRAMEWORK (IPPF)

JANUARY, 2010

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TABLE OF CONTENTS 1.0 BACKGROUND AND PROJECT DESCRIPTION ..................................................................................... 4

1.1 Project description ..................................................................................................................................... 4

1.2 Project Development Objectives and Key Indicators ................................................................................ 4

1.3 Project Components and activities ............................................................................................................. 4

1.3.1 Component 1: Sustainable management of offshore fisheries resources .......................................... 5

1.3.2 Component 2: Sound Management of Natural Resources in the Coastal and Nearshore Marine

Environment ....................................................................................................................................................... 5

1.3.3 Component 3: Support for alternative livelihoods in the Coastal Zone ............................................. 6

1.3.4 Component 4: Capacity Building, monitoring & Evaluation System, Project Management and

Communication .................................................................................................................................................. 7

2.0 RATIONALE OF INDIGENOUS PEOPLE’S POLICY FRAMEWORK (IPPF) ........................................ 8

2.1 Social Management Requirements ................................................................................................................... 8

2.2 The Indigenous Peoples in the KCDP Area .............................................................................................. 9

2.2.1 The Watha Community ...................................................................................................................... 9

2.2.2 The Boni Community......................................................................................................................... 9

2.3 The Legal and Policy Framework Regarding Indigenous Peoples in Kenya ........................................... 10

2.4 Impacts ..................................................................................................................................................... 10

3.0 PARTICIPATORY SOCIAL ASSESSMENT ........................................................................................ 12

3.1 Institutional Arrangements ....................................................................................................................... 13

4.0 PARTICIPATORY MONITORING AND EVALUATION ....................................................................... 13

4.1 Grievances ................................................................................................................................................ 14

5.0 DISCLOSURE ............................................................................................................................................. 14

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Abbreviations

CCAF Coastal Community Action Fund EEZ Exclusive Economic Zone ESSD Environmentally Socially Sustainable Development FIMACEDP Fishery Management and Sustainable Coastal Environment Development

Project in Kenya GIS Geographic Information System GoK Government of Kenya ICM Integrated Coastal Management IP Indigenous Peoples IPP Indigenous Peoples Plan IPPF Indigenous Peoples Planning Framework IUU Illegal, Unlicensed and Unregulated KCDP Kenya Coastal Development Project KEFRI Kenya Forest Research Institute KMFRI Kenya Marine and Fisheries Research Institute KWS Kenya Wildlife Service KShs Kenya Shillings MCS Monitoring, Control and Surveillance MDGs Millennium Development Goals M&E Monitoring and Evaluation MET Mobile Extension Teams MSME Medium and Small Microenterprise NGO Non-Governmental Organizations PMT Project Management Team PSC Project Steering Committee PICD Participatory Integrated Community Development PIM Participatory Impact Monitoring PRA Participatory Rural Appraisal SWIOFP South West Indian Ocean Fisheries Project USD United States Dollar VMS Vessel Monitoring System

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1.0 BACKGROUND AND PROJECT DESCRIPTION

1.1 Project description

The Government of Kenya (GoK) has requested financial assistance from the World Bank to implement the Fishery Management and Sustainable Coastal Environment Development Project in Kenya (FIMACEDP) also known as Kenya Coastal Development Project. In general, the project will promote environmentally and socially sustainable redevelopment of the coastal area. The approach in the project preparation and implementation also builds on the new internal links between ESSD and Infrastructure in the World Bank. The project will focus on identifying marine resources, sustainable levels of resource extraction, and undertaking pilot investment in promoting ecosystem-based utilization of these resources; identifying land-based impacts of rural development on the near and offshore marine environment and undertaking direct investment in promoting ecosystem-friendly pilot investments that are more lucrative to the local stakeholders, promote maintenance and improvement of soil fertility, and that minimize offsite, land-based resource utilization impacts on the coastal and marine environment; address pollution from urban areas as part of a program for urban development and investment prioritization in the coastal zone.

1.2 Project Development Objectives and Key Indicators

The development objective of this project is to achieve greater value and improved livelihood from sustainable management of marine and coastal resources through: (i) increasing fisheries revenue earning potential of the government of Kenya (GoK) through licensing of foreign vessels; (ii) to improve sustainable management/regeneration of the fisheries resources and near-shore ecosystem with the participation of communities; and (iii) support for alternative livelihoods that make more sustainable and profitable use of coastal natural resources. The Global Environment Objective is to strengthen conservation and sustainable use of marine and coastal biodiversity.

The Project would target the following three geographic areas of the coastal and marine environment: • Offshore resources of the 200 nautical Miles EEZ • Inshore resources including coral reefs, fish, mangroves, mariculture • Land-based resources of the coastal districts, particularly use of terrestrial resources that impact on near and offshore marine resources.

1.3 Project Components and activities

The project has four components namely: (1) Sustainable management of offshore fisheries resources (2) Sound Management of Natural Resources in the Coastal and Nearshore Marine Environment (3) Support for alternative livelihoods in the Coastal Zone

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(4) Capacity Building, monitoring & Evaluation System, Project Management and Communication

1.3.1 Component 1: Sustainable management of offshore fisheries resources

The objective of this component is to increase fisheries revenue earning potential of the Government of Kenya through licensing of foreign vessels. Emphasis would also be placed on building capacity of the government to monitor and carry out surveillance of these resources. The component will link with the regional Southwest Indian Ocean Fisheries Project (SWIOFP) which will provide basic research information on demersal, crustacean and small pelagic fisheries in the 200 mile EEZ. This Component will also establish a stakeholder participation and resource co-management plan centered on fisheries management. This component will have 4 subcomponents. Subcomponent 1 involves capacity building for the Fisheries Department to effectively manage the fishery of the 200 mile EEZ. The Project will support on the job, short-course and university training in Vessel Monitoring System (VMS) equipment setup, operation and maintenance and Monitoring, Control and Surveillance (MCS). It will also support development and training of an observer program that will be “ship-based” on foreign fishing vessels licensed to operate in the Kenyan 200 mile EEZ. Subcomponent 2 will involve purchase, setup and operation of a VMS and MCS program, including regional linkages with Tanzania, Seychelles and other neighboring VMS/MCS programs. Subcomponent 3 will involve establishment of a legal basis for fisheries management over the 200 mile EEZ, and harmonizing this with similar legislations in neighboring countries. This will include any needed modifications to the Fisheries Act, implementing regulations, search, seizure and confiscation of vessels, catch and gear related to IUU fishing, protection and operation of the fisheries inspection and observer corp. during performance of their duties, etc. Subcomponent 4 will involve identification and support for development of mariculture and more sustainable fishing techniques that directly benefit fishing communities. The project will support assessment of more sustainable and profitable fishing practices, mariculture opportunities and opportunities to link coastal fishermen to non-consumptive activities in support of the tourist sector (taking advantage of the Government’s investment in its Vision 2030). Activities under this component would support development of pilot public-private partnerships in mariculture ventures. This would include technical extension services, business service advice to micro and small enterprises, marketing and sales support to these micro and small enterprises and to pilot public-private partnerships, village grants that support sustainable development of critical infrastructure needed to support the new uses of the near shore resources.

1.3.2 Component 2: Sound Management of Natural Resources in the Coastal and Nearshore

Marine Environment

This component aims at improving sustainable management and regeneration of natural resources and biodiversity in the nearshore coastal and marine environment. It has particular focus on conservation of the unique coastal biodiversity and its natural resources as the basis for sustainable development and thereby improves the livelihoods of coastal communities through wise management and support for development opportunities. This is in line with Kenya’s development agenda as articulated in the Vision 2030. The values of natural resources and

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biodiversity underpin socio-economic development of the coastal populations. Moreover, the component will improve Kenya’s ability to meet some of its obligations in terms of the Millennium Development Goals (MDGs). This component will embrace an integrated approach that pulls together the sub-sectors in assessment, planning and management since biodiversity, agriculture, land resources, catchments, creeks, coral reefs, forests, aquatic resources and tourism are all interdependent. There are five sub-components under this component. Sub-component 1 involves the establishment of a natural resources information management system for assessment and reporting. It aims at collecting and collating the relevant data in a GIS information management system for decision support and wise use of the coastal and marine resources. Sub-component 2 involves enhancing management interventions to improve the status and delivery of ecosystem services from coastal natural resources. It aims at enhancing resource management interventions in order to improve resource conditions for ecosystems. Based on the information collected in sub-component 1, there will be an active engagement of stakeholders to improve management and ensure there is continuous stream of benefits, the goal being to provide benefits to the local level while maintaining ecological integrity. The sub-component will result in: i) Strengthening of the relevant departments within KWS, KMFRI and KEFRI towards improved management of nearshore areas, (ii) promoting community managed or co-managed marine conservation areas; (iii) improved protection of threatened habitats and species through proactive management and co-management; (iv) strengthening of local and national laws and regulations; (iv) improved financial sustainability through reform of the fees, levies, penalties system and exploration of payment for ecosystem services and biodiversity offsets; and (v) regeneration and rehabilitation of habitats and reduced pressure and threat on critical species. Subcomponent 3 involves promotion of a Marine Cooperative Area with Mainland Tanzania and Zanzibar. The cooperation will cover habitat and species conservation, tourism, trade, regional security and the promotion of adaptive management strategies to reduce the vulnerability and improve resilience of coastal people and habitats upon which they depend. It will result in improved protection of migratory species; improved conservation of habitats including mangroves and sea grasses; improved monitoring, control and surveillance through the sharing of costs and joint patrols; improved tourism where tour packages can incorporate the islands of south coast in Kenya, Pemba and Unguja in Zanzibar and Tanga and Pangani in mainland Tanzania. Sub-component 4 covers enhancement of Coastal Tourism and Cultural Heritage. This sub-component will support the establishment of a forum for improved coastal tourism where the large number of actors will be able to coordinate activities towards improved, cost efficient and sustainable tourism. Attention will also be given to ensuring an ecosystem approach to tourism development. Sub-component 5 covers capacity building and institutional support. It aims at strengthening the capacities and institutions in the management and utilization of the natural resource base. The sub-component will support training and skills development at different levels to improve efficiency in service delivery. Staff and community training in business development, marketing, forestry and marine biodiversity management and knowledge sharing through study tours will be supported.

1.3.3 Component 3: Support for alternative livelihoods in the Coastal Zone

This component will support improved and more sustainable resource use to alleviate poverty and address land-based impacts on the near and offshore marine environment. It has 4

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subcomponents that support development of alternative livelihoods that reduce impact on the aquatic environment and have a compounding benefit. Subcomponent 1 involves development of a locally based, participatory, spatial planning process. Spatial planning will be based on land capability assessment at region and district levels. The Project will also support input into the operational guidelines for the district spatial plans and will help develop capacity in district and city governments to implement the plans. This subcomponent will also support village-level use/conservation planning. The development of these ICM plans would be undertaken by local users of the near-shore resources, and supported by the Project. Subcomponent 2 involves Research and Technological Support for Extension services for the development of MSME’s and to help MSME’s to take advantage of alternative livelihood opportunities. Most coastal communities comprise artisanal fishermen and subsistence farmers. Due to inefficient, rudimentary production techniques and equipment, and inadequate alternative livelihood opportunities, there is considerable inefficiency and wastage in production systems. This component will emphasize the development and adoption of appropriate technologies to boost production, reduce post harvest wastage and promote value-addition of products. This will be done through the design of pilot enterprises revolving around agricultural, forestry, tourism and biodiversity based products, improved marketing and product development. Dedicated research will provide new knowledge and information to improve existing MSMEs and inform the communities of new livelihood alternatives. This component will focus on the development of concepts, the piloting of appropriate projects and the preparation of proposals to the CDF for implementation support. Training at group and enterprise levels in how to develop a simple business plan and manage money will also be available to MSME’s. Subcomponent 3 involves establishment of a Coastal Community Action Fund (CCAF) to leverage construction of village infrastructure and changes from damaging to more sustainable and profitable alternative livelihoods supported by the project. Up to 300 of these small grants at an average value of $20,000 each are likely to be required. Groups receiving grants will be expected to contribute cash or “in-kind” to the objective of the grant. Identification of an efficient and transparent delivery mechanism for such a large part of the KCDP is critical. Subcomponent 4 involves making available to MSMEs Finance at Affordable rates. The Project will work with existing, or help start new, financial self help groups to find opportunities to increase membership to the point where a group can afford to hire permanent staff. Once a group reaches this size, the project will provide assistance to establish simple financial management processes, a simple credit assessment, a governance process and a grant for an office and basic equipment. The project will also assist interested individuals to form production cooperatives that may or may not be linked to the financial self-help groups described above. This support would target small holders, small mariculturists or fishermen that would not be able to afford the inputs or produce the volume of products needed to take full advantage of alternative livelihoods in the coastal zone.

1.3.4 Component 4: Capacity Building, monitoring & Evaluation System, Project

Management and Communication

This component involves Strengthening of project coordination unit to manage and coordinate KCDP supported activities; increasing institutional capacity; developing and implementing an

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Information & Communication Strategy to increase public awareness of project goals and activities at local and regional levels; developing an effective Monitoring and Evaluation System (M&E); and enhancing skills of project leaders to handle project implementation.

2.0 RATIONALE OF INDIGENOUS PEOPLE’S POLICY FRAMEWORK

(IPPF)

Indigenous identity remains an important factor in national and local organization in Kenya’s development. As the country undergoes social and demographic transformation, investing in coastal development programs is particularly important since a large proportion of potential beneficiaries of KCDP sub-projects may belong to indigenous households and communities. KCDP involves promotion of economic growth in the coastal areas through improved governance of coastal and marine resources; better revenue generation through sound monitoring, control and surveillance; enhance equity and reduce poverty through the promotion of alternative income generating activities and MSMEs, and through provision of access to credit, technology and services. During project preparation, it became clear that KCDP will generate potential benefits to vulnerable/marginalized groups and indigenous peoples’ groups and may also lead to some impact on these groups. In this context, the Indigenous People's Operational Policy (OP 4.10) will be triggered and in response the Borrower has prepared this Indigenous People's Policy Framework (IPPF) to guide intervention in this area. The purpose of the IPPF is to ensure that the development process fully respects the dignity, rights, economies, and cultures of these communities and that the project is able to gain broad community support of affected indigenous peoples and other vulnerable marginalized groups. Subprojects to be financed under KCDP will be screened and if Indigenous Peoples is a factor in the subproject, a subproject specific Indigenous Peoples Plans (IPP) will be prepared. These subprojects will not be implemented until the associated IPP has been developed in agreement with the affected Indigenous People’s communities, cleared and disclosed.

2.1 Social Management Requirements

World Bank Indigenous Peoples Operational Policy OP 4.10 contributes to the World Bank’s mission to reduce poverty and promote sustainable development by ensuring that Indigenous Peoples’ human rights, dignity, cultures and economies are fully respected. Through this policy, the Bank recognizes that identities and cultures are inextricably linked to the lands on which they live, and the natural resources they are dependent on. These distinct characteristics and circumstances make indigenous peoples vulnerable to different types of risks and levels of impacts from development projects. Such risks include loss of identity, culture and customary livelihoods as well as exposure to negative health impacts. The World Bank recognizes the vital role that hunter-gatherers play in sustainable development and the fact that their rights receive increasing attention and action under domestic and international law. In the context of this policy and acknowledging that the vulnerable/marginalized groups are likely to be more than just hunter-gatherer groups, the IPPF for the KCDP has been developed, highlighting the positive effects of promoting economic growth in the coastal areas through improved governance of coastal and marine resources; better revenue generation through sound monitoring, control and

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surveillance; enhance equity and reduce poverty through the promotion of alternative income generating activities, and to guarantee social cohesion, non-discrimination, and sustainable development.

2.2 The Indigenous Peoples in the KCDP Area

During the preparation of the KCDP, it became known that the project could impact on indigenous peoples who are found in the coast of Kenya. Taking into consideration the existence of the Watha (Wasanya), the Boni and others, who are present in some parts of Malindi, Tana River, Lamu and possibly other districts, the project team opted to prepare an Indigenous People Planning Framework (IPPF) that will guide the implementation of the projects specifically in respect to the IPs localities.

2.2.1 The Watha Community

The Watha people are mostly found in the rural arid and semi arid lands of the country. A minority of them live in thick forests scattered all over the country. In Malindi district a Watha community is found in four divisions (i.e. Malindi, Langobaya, Marafa and Magarini). In Tana River district the Watha are found in Sombo and Laza divisions while in Mandera the Watha are found in Central division. The population of Watha community in the districts is estimated at approximately 30,000 persons. This is only 2.7% of the entire Malindi, Mandera and Tana River district population. However since the government abolished unlicensed hunting of game and wild animals, the Watha people now live in permanent settlements, some of them along the river and where there are forests, mainly in the mixed farming and livestock farming zones. The forests afford them an opportunity to practice bee keeping while those along the river practice crop production. The land tenure system in the district is communal ownership. Most of the land in the three districts of Malindi, Mandera and Tana River are currently under trust land by the county councils. Few influential people in the district have however managed to acquire title deeds from the land offices in Nairobi. However, most of this trust lands are controlled by the majority tribes and becomes a point of conflict if the smaller tribes and outsiders get involved. This is what has pushed the small and marginalized tribes like Watha deep into the forests.

2.2.2 The Boni Community

The Boni people are known for their unique tradition of whistling to birds that guide them to honey. They are found in Northeastern Kenya's district of Ijara and Lamu district. Their population is about 4,000, compared to 25,000 half a century ago (Source: Organization for the

Development of Lamu Communities (ODLC). They are nomadic hunter-gatherer tribe of mainly Cushitic origin with a unique characteristic. The community sources their subsistence from forest products such as honey, wild plants/fruits for consumption and medicinal purposes. The Boni are found in the North-Eastern part of Lamu district and Ijara District. They’re concentrated mainly in Witu, Hindi and Kiunga divisions. The community is located in villages of Bargoni

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(Hindi Division), Milimani, Bodhei, Basuba, Mangai, Mararani, Kiangwe and Kiunga (Kiunga division), Pandanguo and Jima (Witu Division). The Boni live in forested areas of the district i.e. within the Witu and Boni forests. They live deep into the forest and only come out to the periphery when there is hardship or hunger. They perceive the forest in the Boni inhabited areas as communally theirs. However, with the gazettement of all the forest by the government this has become a source of conflict.

2.3 The Legal and Policy Framework Regarding Indigenous Peoples in

Kenya

There is no specific legislation regarding indigenous peoples of Kenya but, there are legislations and policies that address land, forest, education and fisheries issues among others. For example, the Government of Kenya has made clear its intention that “land issues requiring special intervention, such as historical injustices, land rights of minority communities (such as hunter-gatherers, forest-dwellers and pastoralists) and vulnerable groups will be addressed. The rights of these groups will be recognized and protected” (Draft Land Policy: p.6). In addition, the revised Forest Act promotes community participation in forest management by empowering the Community Forest Associations to manage their forests in a sustainable manner. Regarding education, the sector’s policy framework, the Sessional Paper No. 1 of 2005, provides for consideration of the groups that suffered marginalization. Such groups that have suffered past marginalization will receive targeted financial support in form of grants for education. Also, the MoST Sessional Paper No. I of 2005 entitled A Policy Framework for Education, Training and Research: Meeting the Challenges of Education, Training and Research in Kenya in the 21st Century” governs education policy in the country. In particular, the language of instruction is in the mother tongue in lower primary school (classes 1-3) in the rural areas, and there is a culturally sensitive approach used to address the learning needs of different communities. On fisheries, the Fisheries Act Cap 378 has created the Beach Management Units as instruments to promote community participation in Fisheries Management.

2.4 Impacts

This IPPF is expected to provide the framework in which negative impacts to the indigenous peoples are mitigated and positive impacts are enhanced based on the free, prior and informed consultations with the affected indigenous peoples. At this preparation phase of the project, no negative impacts are foreseen. Positive impacts for the indigenous people will be there. An action plan will be developed within the scope of the proposed Social Assessment that will provide the project team with practical measures in which the indigenous peoples are enabled to benefit from the project activities. Gender considerations will be factored into the project implementation processes so that men and women among the indigenous peoples are able to benefit in the most appropriate manner. It is also important to incorporate grievance mechanisms so that the voice of these vulnerable people is heard. Therefore, the Social Assessment will provide pointer to the best mechanisms that can be adopted to address these grievances. An analysis of project activities, their possible impacts and mitigation measures is presented in table 1.

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Table 1: Potential impacts of KCDP on indigenous peoples

Component Project Activity as outlined

in the PAD

Possible impacts on the indigenous

peoples

Mitigation measures

1. Sustainable management of offshore fisheries resources

Policy and Institution reforms needed for instituting sustainable coastal and EEZ fisheries management Promotion of sustainable and profitable fishing practices and mariculture Promotion of value addition

(+) Empowerment of IPs depending on fisheries for greater economic opportunities from the sector IPs posess indigenous, practices and innovations that can be harnessed and improved

Capacity Building for knowledge on sustainable use and active participation Patenting innovations and protecting culturally sensitive knowledge and innovations

2.Sound Management of Natural Resources in the Coastal and Nearshore Marine Environment

Assessment of biodiversity & natural resources & development of an integrated information system Conservation of the unique coastal biodiversity and its natural resources Development of management plans, guidelines and strategies for sound management of biodiversity & natural resources Capacity building & institutional Support Conduct Research & Technology for Extension Services & Development of cottage industries

(-) Areas identified as ESAs and proposed for conservation may cover areas currently utilized/inhabited by IPs. This may affect their livelihood (-) Conservation goals may conflict with current livelihood activities practiced by the IPs (-) Likely loss of cultural values if and when IPs adopt new livelihood opportunities (+) Livelihood enhancement and diversification by giving support to increased adoption of livelihood diversification opportunities (+) Better appreciation of the value of indigenous ecosystems, thus providing a stronger case for their conservation

IPs to be involved in the spatial planning process comprehensively and areas of conflict consultatively identified and options explored and agreed on Capacity building of IPs to take advantage of new livelihood opportunities that are promoted by this project Construction of cultural centers to preserve culture of IPs Consultatively recommending use limits/carrying capacities of fragile eco-tourism/ indigenous sites

3. Support for alternative livelihoods in the Coastal Zone

Development of a locally based, participatory, spatial planning process Research and Technological Support for Extension services for the development of MSME Development and adoption of appropriate technologies to boost production, reduce

(-) As the IP are marginalized, there is a risk that they are not invited to participate in the spatial planning process which may further aggravate their economic marginalization (-) IPs may be influenced to change from their customary livelihood sources and this may dilute cohesion among them and may result in loss of cultural values (-) New livelihood opportunities may

Involvement of IPs in all stages of the spatial planning process should be enhanced in free, prior and informed consultations with the affected indigenous peoples Deliberate efforts should be placed to ensure that IP’s customary livelihood sources are strengthened The affected indigenous peoples

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post harvest wastage and promote value-addition of products Developing better and more financially sound local micro, small and medium enterprises (MSEME) through provision of business service advice and support

conflict with current options for IPS (-) As the IP are marginalized in the decision making process and their specific needs unknown to decision makers, there is a risk, that CDD-projects proposed by them do not receive funding

should be consulted in free, prior and informed consultations when developing appropriate technologies so that these technologies take the interests of IPs into consideration

4. Capacity Building, monitoring & Evaluation System, Project Management and Communication

Construction of offices to house the project management team and staff training

(+) Efficiency in delivery of services Indicators to monitor benefits to IPs’ as as result of project interventions to be included in the M&E Framework

3.0 PARTICIPATORY SOCIAL ASSESSMENT

The project plans to undertake a detailed social assessment which will use a consultative approach and give voice to the vulnerable groups and indigenous people in the Kenyan coast. This social assessment will be undertaken in two stages – (1) initial screening; (2) detailed assessment. The objective of the initial screening is to identify all existing Indigenous Peoples in the proposed KCDP project operational area. This identification process will be informed by the following criteria: (i) self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; (ii) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; (iii) customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and (iv) an indigenous language, often different from the official language of the country or region. The objective of the detailed social assessment is to help the project support the aspirations and the needs of the vulnerable groups and indigenous people in the project area. As such, in addition to providing the social, economic and other relevant information, the project will come up with an action plan that will be developed in consultation with the beneficiaries on how the KCDP project will extend the benefits of the project to these groups and also mitigate any negative impacts. This action plan will be adopted by all the stakeholders and will pave the way for a standardized approach in all project areas where vulnerable and indigenous people live. This action plan will include arrangements for the free, prior, and informed consultations with the affected indigenous peoples’ communities, as well as arrangements for a participatory impact monitoring (PIM) at district level. This will be an important element to assist the various structures to fine-tune their interventions and aim at maximizing culturally appropriate benefits and provide space for the indigenous peoples’ communities to voice their concerns. The IPP will be prepared in a flexible and pragmatic manner, and its level of detail varies depending on the specific sub-projects, and the nature of effects to be addressed. The IPP will include the following elements:

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(a) A summary of the social assessment. (b) A summary of results of the free, prior, and informed consultation with the affected

vulnerable/marginalized communities that was carried out during subprogram preparation and that led to broad community support for the subprogram.

(c) A framework for free, prior, and informed consultation with the affected vulnerable/marginalized communities during subprogram implementation.

(d) An action plan of measures to ensure that the vulnerable/marginalized groups receive social and economic benefits that are culturally appropriate, including, if necessary, measures to enhance the capacity of the subprogram implementing agencies.

(e) When potential adverse effects on vulnerable/marginalized groups including hunter-gatherers are identified, an appropriate action plan which includes measures to avoid, minimize, mitigate, or compensate for these adverse affects.

(f) The cost estimates and financing plan for the IPP. (g) Accessible procedures appropriate to the subprogram to address sector grievances by the

affected vulnerable/marginalized communities arising from subprogram implementation. When designing the grievance procedures, the borrower takes into account the availability of judicial recourse and customary dispute settlement mechanisms among the affected groups.

(h) Mechanisms and benchmarks appropriate to the subprogram for monitoring, evaluating, and reporting on the implementation of the IPP. The monitoring and evaluation mechanisms should include arrangements for the free, prior, and informed consultation with the affected communities.

(i) IPPs prepared through the Participatory Social Assessment process, will include consideration of gender-related concerns,

(j) The IPP will identify grievance mechanisms that will be appropriate and acceptable to the indigenous communities.

3.1 Institutional Arrangements

The planned Social Assessment will outline the existing and relevant institutions and how these can be strengthened. The indigenous peoples in the project will have their own representatives (both men and women) in the development committees whose capacities will be enhanced through the appropriate empowerment tools that will be recommended by the Social Assessment Report.

4.0 PARTICIPATORY MONITORING AND EVALUATION

Following the Social Assessment and the collection of information on indigenous people, information will be included in the overall Monitoring and Evaluation (M&E) of the project. The implementation of the participatory impact monitoring (PIM) at district and provincial level will be an important element to assist the various structures to fine-tune their intervention with a view to maximize culturally appropriate benefits and provide space for the indigenous peoples’ communities to voice their concerns. Benefits and impact on the indigenous people will be outlined in the final project impact evaluation.

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4.1 Grievances

Where IPs have grievances, these will be brought to the attention of the PMT through the representatives of the IPs in the Project development committees where they will be fully represented.

5.0 DISCLOSURE

The PMT will submit the final draft of this IPPF to the World Bank for review and clearance. Once cleared, the PMT will disclose in Kenya in language and in a form that will be appropriate to the IPs. It will also be disclosed at the World Bank. The identified indigenous people will be consulted.

Budget: Implementation and supervision budget for this IPP will be built in the project budget. Approximately US$ 50,000 (Screening, Social Assessment and Action Plan) will be required for the initial preparation activities. Project interventions will be built in the sub-component budgets and work-plans.

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REPUBLIC OF KENYA

TERMS OF REFERENCE FOR A SOCIAL ASSESSMENT OF INDIGENOUS COMMUNITIES

KENYA COASTAL DEVELOPMENT PROJECT (KCDP)

JANUARY, 2010

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The Kenya Coastal Development Project

The Kenya Coastal Development Project (KCDP) supports the Government of Kenya’s priority public policy focus on promoting sustainable development and poverty reduction in the coastal area and building their human capital in line with the 2030 vision which strives to reduce the number of people living in poverty and guarantee equality of opportunities; increase the opportunities for youth, women and disadvantaged groups; and improve delivery of social services (including water, education etc) among others. The project aims at strengthening public sector management in all of the participating sectors within the coast in order to promote growth in the key sectors through enhanced productivity and good governance; reduce poverty through the provision of services, technical assistance, improved access to markets, promotion of public private partnerships thereby improving resilience and reducing vulnerability in a changing climate. The development objective of the KCDP is to achieve greater value and improved livelihood from sustainable management of marine and coastal resources while strengthening conservation and sustainable use of marine and coastal biodiversity. The project has four components as follows:

• Component 1: Sustainable Management of Fisheries Resources: The objective of this component is to increase revenue earning potential of Government of Kenya through sound monitoring, control and surveillance and a transparent process of licensing of foreign vessels. Other goals are to promote research for value addition, market chain analysis, alternatives beyond reef fishing and overall improvement of fisheries governance.

• Component 2: Sound Management of Natural Resources: This component aims to improve the sound management and regeneration of natural resources and biodiversity in the coastal and marine environment. A related goal is to identify biodiversity products and markets that will assist in promoting eco-tourism and spin-off industry. The value and future role of natural resources in Kenya’s future development is articulated in Vision 2030.

• Component 3: Support for Alternative Livelihoods: This component aims to promote sustainable livelihoods within a sound governance framework that includes spatial planning and land capability mapping to identify sensitive areas, Integrated Coastal Management (ICM), and compliance with environmental regulations and safeguards. Within this institutional framework, the component aims to support community investments and MSMEs.

• Component 4: Capacity building, Monitoring & Evaluation System, Project Management and Communication: This component aims to promote capacity in the project coordination and implementation teams, promote dialogue amongst national partners and regional stakeholders and develop a communication strategy for development outreach.

Purpose

During project preparation, it became clear that the project might impact on indigenous peoples’

rights, lands, livelihoods, and culture. To comply with international standards, including the

World Bank’s Operational Policy on Indigenous Peoples (OP 4.10), the Government of Kenya

commissioned the elaboration of an Indigenous Peoples Planning Framework (IPPF). The

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purpose of the IPPF is to ensure that the development process fully respects the dignity, human

rights, economies, and culture of indigenous peoples, and that the project is able to gain the

broad community support of affected indigenous populations through free, prior, and informed

consultations.

As part of the IPPF process the Government of Kenya has decided to undertake a Social Assessment (SA) to understand the situation of indigenous people in the project area and to evaluate the projects’ potential positive and adverse effects on the Indigenous Peoples, and to examine project alternatives where adverse effects may be significant. The breadth, depth, and type of analysis in the SA will be proportional to the nature and scale of the proposed projects potential effects on the Indigenous Peoples, whether such effects are positive or adverse. In view of the above, KCDP seeks the services of a consultancy firm or an individual to undertake a Social Assessment of communities identified in an initial screening. The Social Assessment of the indigenous peoples will reflect the following objectives:

• To assist the KCDP project to support the aspirations and needs of the indigenous peoples of Malindi, Tana River and Lamu districts.

• To identify and prepare a comprehensive plan that will avert any potentially adverse effects from project interventions on indigenous people and where not possible or feasible, mitigate or compensate such adverse impacts.

• To ensure that the benefits from KCDP reach the IPs in an equitable manner and through institutions that respect and are able to serve them in a timely manner.

The main objective of the consultancy is to elaborate a SA report as a project management

instrument and as input for the preparation of an IPPF.

Statement of work

• Identification of IPs and elaborate on their vulnerability and demographic profile as well as other social and economic characteristics;

• Identify potential effects of the project activities on the IPs;

• Establish the appropriate institutional framework applicable through consultation with the IPs;

• Map key stakeholders and existing local level IP institutions and how they must be engaged;

• Recommend the best consultation mechanisms that will enable voice, access and participation of these groups in project activities throughout the project cycle (planning, implementation, and M&E);

• Propose the most applicable participatory mechanism for the empowerment of the IPs to deal with the identified issues, enhance feedback on areas that are important for their survival and development;

• Recommend appropriate disclosure to include appropriate language.

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• Outline performance monitoring and impact indicators.

Expected outputs, schedule and reporting

The SA report will focus on the analysis of ways to design and implement the project to enhance the delivery of culturally appropriate benefits and of potential social, economic, gender, health, and cultural impacts of the proposed project, and if adverse effects are likely, recommendations for their avoidance, minimization, or mitigation. The SA report will contain the following aspects:

1. Executive Summary: a summary of the SA and its methodology, key findings and recommendations

2. Findings of the SA, including stakeholder and institutional analyses, and a description of the data and information gathered

3. Description of the process of free, prior, and informed consultation with the affected Indigenous Peoples’ communities

4. Socio-economic and other relevant baseline data 5. Maps of the Indigenous Peoples areas, currently and traditionally occupied, used or

owned 6. Description of the legal and institutional context pertaining to Indigenous Peoples and the

sector in the country 7. Description of potential benefits for Indigenous Peoples 8. Description of potential adverse impacts on Indigenous Peoples Recommendations for

project design and implementation, including recommendations to ensure that project benefits are culturally appropriate and sustainable, and recommendation for appropriate mitigation measures for any adverse impacts. These recommendations are incorporated into project design and the Indigenous Peoples Plan

9. Recommendations for capacity building and institutional strengthening Recommendations for participation of and free, prior, and informed consultation with Indigenous Peoples during project implementation, monitoring, and evaluation

10. The evaluation of the extent of broad community support for the project, including any formal agreements reached with Indigenous Peoples’ communities and/or their organizations. Should be supported by data based evidence.

11. Annexes: In addition, the SA may include annexes on specific issues, such as: the itinerary of the social assessment process, relevant maps, minutes of meetings and consultations with the Indigenous Peoples and other key stakeholders, financial implications and a proposed budget and plan to follow through with the recommendations, and an outline for the Indigenous Peoples Plan.

Qualifications of the Consultants

Among other requirements, social assessment practitioners for a project affecting Indigenous

Peoples should have:

o Social science training (commonly in the social sciences, such as anthropology or sociology)

o Field experience in conducting both qualitative and quantitative social research o Appropriate familiarity with the languages and cultures of the affected communities,

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o Proven sensitivity to Indigenus Peoples and cultural minority issues o Demonstrated experience in conducting social studies that meet international standards of

rigor and professionalism o Operational experience preparing or informing development projects and applying World

Bank safeguard policies o No conflicts of interest in undertaking the assignment.

The Timeframe and Budget

1. Time-frame: Specify time and duration of the SA, identifying delivery dates of key

outputs such as when the preliminary and final reports are forwarded to the borrower by

the contracted entity (e.g. consultant, firm, NGO). The TOR may also identify delivery

dates for when the borrower presents a preliminary report to the Bank for comments and

when a final report will be prepared and submitted to the Bank. Given the specific project

areas and the relative small number of communities involved, the social assessment

should take about 6 weeks.

2. Budget: The budget for the SA is itemized and contingencies provide for any needed

follow-up work.

Supervisor

The contractor will report to the PMT designated representative.