E4560 REV
NATIONAL ENVIRONMENTAL MANAGEMENT AUTHORITY (NEMA)
TERMS OF REFERENCE (TOR) FOR STRATEGIC ENVIRONMENTAL & SOCIAL
ASSESSMENT (SESA) FOR THE OIL & GAS SECTOR
THROUGH THE KENYA PETROLEUM TECHNICAL ASSISTANCE PROJECT
(KEPTAP)
FUNDED BY THE WORLD BANK
JULY 2014
1. INTRODUCTION AND BACKGROUND
Until recently, Kenya had no known commercial reserves of petroleum, despite 50 years of
exploration. Recent oil and natural gas discoveries have increased the national and private sector
interest for onshore and offshore exploration of hydrocarbons in Kenya.
These recent oil and gas discoveries may have a substantial transformational impact on the
Kenyan economy, and have triggered new developments which require a re-design of the
institutional set up to effectively govern the petroleum sector with clearly defined roles and
responsibilities. Further, the development of petroleum sector reforms is necessary to help
manage challenges in the management of the Petroleum Sector upon discovery of commercially
viable oil and gas deposits.
The discovery of oil and gas resources in Kenya presents great socio-economic opportunities and
challenges for the country at large, as well as various challenges for environment protection in
areas of high ecological and biodiversity significance.
The National Environment Management Authority (NEMA) is among the Kenyan government key
institutions that will benefit from the Kenya Petroleum Technical Assistance Project (KEPTAP), to
be financed by a credit from the World Bank. Part of the credit is intended to support NEMA to
undertake a Strategic Environmental and Social Assessment (SESA) for the oil and natural gas
sector.
The SESA will be conducted to present strategic recommendations for policies, plans, and
programs that will guide environmental and socio-economic planning and decision making in the
country. The SESA presents a unique opportunity for the country to systematically address
environmental and socio-economic management issues pertaining to oil and gas activities in the
context of sustainable development.
1.1.
Kenya Petroleum Sector Strategic Plan and SESA
As the SESA is to support the development of the Kenyan national strategic petroleum
(conventional and unconventional, onshore and offshore) master plan, it has to be well
incorporated into the planning process. An integrated approach is needed, meaning that frequent
communication will be required between the plan developers and the team that works on the
SESA. The integration of the following planning procedures is generally considered as good
practice SESA for the Petroleum Sector.
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Strategic Plan
Scoping (SESA Consultant,
NEMA as GoK delegate, the World
Bank)
SESA Process
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Identify the stakeholders in the planning process and
announce the start of the SESA process

Develop with all stakeholders a common vision on
environmental, social, occupational safety and health
risks, impacts, objectives, and alternatives
Check consistency of the new objectives with those in
existing policies through inter-agency cooperation

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Assessment (SESA Consultant,
NEMA as GoK delegate, the World
Bank)


Decision-making (GoK, NEMA, MEP,
other GoK Institutions)

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Follow-up/monitoring (GoK, NEMA,
MEP, other GoK Institutions, the
World Bank)

Use the results of the above steps to define the scope of
the SESA
Carry out the assessment, document its results and make
these available
Ensure quality assurance of both SESA information and
process
Discuss with stakeholders what the results of the SESA
mean for decision making
Justify in writing the choices that have been made in the
finally adopted policy or plan(s)
Monitor the implementation of the adopted
policies/plans, and discuss outcomes with stakeholders
and define actions to deal with unforeseen effects.
2. TERMS OF REFERENCE (TOR)
NEMA has prepared the following Terms of Reference (TOR) for SESA that have been agreed by
both NEMA and The World Bank. In order to further carry on the SESA process, NEMA intends to
conduct public stakeholder meetings to discuss the TOR with the main objective of getting more
views and comments on the TOR for the SESA which is a very important working tool in
developing a sustainable oil and natural gas industry in Kenya.
A consulting team (SESA consultant) will be hired based on procurement legislation to prepare
the SESA. As part of the project, public stakeholder meetings are to take part throughout the
SESA and will involve the local communities, civil society, national and county government
agencies, oil and gas private sector, academic institutions, development partners, and nongovernmental organizations.
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The consultant will conduct the SESA in general accordance with the latest edition of the National
Guidelines for Strategic Environmental Assessment in Kenya, National Environment Management
Authority (NEMA).
In addition to the above Kenyan SESA guidelines, the consultant will conduct the preparation of
the SESA in five phases: scoping; identification of impacts and issues; description of the
regulatory and institutional framework and assessment of capacity; formulation of
recommendations; and final consultations, review and approval.
The consultant will prepare interim outputs at the end of each phase, to be compiled into a draft
report for final consultations, a final draft for review, and a final report. In addition, the
consultant will be available on request to advise on the environmental, social, health and safety
implications of policy and regulatory options that will be developed. NEMA will supervise the
consultant’s work, assisted by technical advisors under KEPTAP.
Throughout the project, the consultant will maximize opportunities for transferring knowledge of
international best practices to increase the capacity of NEMA to undertake SESA, and the team of
local consultants.
The SESA phases and their component tasks are described below.
2.1.
Scoping
The objective of Scoping is to frame the content and methodology of the SESA, with substantial
stakeholder inputs, based on the consultant’s preliminary reviews of:
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Environmental and social impact management experience in the sector;
Trends and plans for oil and gas development;
The legal (national and county legislation), regulatory and institutional framework with
which the sector operates;
An overview of the environmental and social characteristics of the areas most likely to be
affected by sector activities; and
Identification of possible claims/assertion of rights to oil and gas revenues by local
communities, including vulnerable and marginalized groups.
The individual tasks are described below.
2.1.1.
Review the most relevant ESIAs, Environmental Management Plans (EMPs), and
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2.1.2.
2.1.3.
2.1.4.
2.1.5.
2.1.6.
Environmental Statements of different projects in both the Marine (offshore) and
Terrestrial (onshore) environments, during the last 8 years. NEMA will provide the
reports and statements to the consultant.
Assemble preliminary information relevant to the scope of the SESA, including but not
limited to: plans and trends in oil and gas development (conventional and
unconventional, onshore and offshore) that are likely to have environmental or social
impacts (information to be provided by the Ministry of Energy and Petroleum - MEP);
and the policy, legal, regulatory and institutional framework for the sector
The Consultant will identify and map the key stakeholders in the oil and gas sector that
should be consulted, and analyze their interests, concerns and incentives. The intent of
the stakeholder analysis is to identify the main interest groups in the sector, including
local communities and vulnerable and marginalized groups, and to formulate a work plan
for consultations that will ensure that their interests, concerns and advice are taken into
account in the SESA.
Prepare a draft report covering the proposed scope of the SESA, the table of contents for
the SESA report (including annexes), the schedule and methodology for conducting the
work, and plans for stakeholder consultation.
Conduct scoping workshops. SESA is a participatory process that will involve relevant
stakeholders, both to develop understanding and ownership of the process and to obtain
valuable inputs. Accordingly, there will be six workshops and site visits to both onshore
and offshore oil and natural gas areas nationwide. Locations in Kenya will be determined
in agreement with NEMA, but preliminary information indicates those locations may
include the northwest, west-central, southwest, northeast, east central, and southeast
areas of the country. The Workshops will engage consultations with stakeholders;
including sectors of fisheries, agriculture, transport, protected areas, industry groups,
interested NGOs, representatives of regional and county governments, local
representatives of the communities, and nomadic groups.
Prepare the final Scoping Report, incorporating workshop results, for review by NEMA
and other relevant agencies and the World Bank. The Scoping Report will serve as the
consultant’s inception report and should therefore include:
 The institutional arrangements and timing agreed with NEMA, MEP, other key
counterparts, and the World Bank to carry out the SESA
 The SESA work plan describing the main activities for data collection and analysis,
including consultation/validation with stakeholders, and
 The expected products / deliverables, and reports schedule to be submitted to
NEMA.
The Scoping Phase would require eight (8) weeks.
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2.2.
Identification of Environmental and Social Impacts and Issues, Safety and Occupational
Health Risks and Issues, and Possible Mitigation measures
2.2.1.
The consultant will identify, evaluate and compile a list of the environmental and social
impacts / risks / issues, including climate change, associated with policy, programs and
plans for future investments in Petroleum sector, and safety and occupational health
risks and issues relevant to the sector, and potentially affected parts of Kenya. This
requires that the Consultant develop criteria to prioritize environmental, social, safety
and health issues in the context of Kenya for the sector. To the extent possible, such
criteria must allow for quantification to objectively compare and categorize competing
issues.
Environmental, social, health and safety priorities will be identified based on secondary
data, case studies, environmental impact assessments, reported incidents and accidents,
and oil and gas exploration industry performance in Kenya, expert judgment, and priority
environmental, social, occupational health and safety concerns of stakeholders.
Cumulative / synergistic / secondary impacts will be considered as well as impacts of
individual developments in the sector.
Potential mitigation measures and monitoring requirements will be identified for each
potential impact.
2.2.2.
2.2.3.
2.2.4.
The consultants will combine the outputs of this phase with that of section 2.3 described below
and produce an interim report. This phase is expected to require ten (10) weeks.
2.3.
Description of the Regulatory and Institutional Framework and Assessment of Capacity
2.3.1.
At this phase, the consultant will compile and describe the environmental, social, safety
and occupational health legal, regulatory and institutional framework, and it will assess
existing capacity of the relevant regulatory institutions.
The consultant will prepare a compilation of relevant policies, laws, regulations, and
guidelines, including national and county legislation.
The Consultant will identify the institutions active in planning and carrying out
development in the sector and those that are responsible for oil and gas sector
governance.
The consultant will assess the adequacy of the framework, based on international
petroleum sector experience, Kenyan experience in other sectors, and the capacity of
public agencies at national and county levels, the oil and gas industry, and nongovernmental organizations at national and community levels to address the potential
2.3.2.
2.3.3.
2.3.4.
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impacts of oil and natural gas development.
The consultant will conduct the assessment at two levels:
 At the national level, it will focus on relevant oil and gas / petroleum,
environmental, social, safety and occupational health related sector institutions
within the government.
 For public agencies at regional or local (county) levels, the oil and gas industry
and NGOs, the assessment will be mainly based on existing environmental impact
assessments and case studies, and complemented by in-depth interviews with
key individual stakeholders, and there will be focus group discussions with
vulnerable stakeholders.
The results of this phase, which is expected to require six (6) weeks partially overlapping phase
2.2, will be combined with those of phase 2.2 (above) into an interim report.
2.3.5.
2.3.5.1.
2.3.5.2.
2.3.5.3.
2.3.5.4.
2.3.5.5.
2.3.5.6.
2.3.5.7.
Keeping the focus of the assessment on the effects of sector policy and regulatory
development and on environmental, social, occupational health and safety issues, the
following institutional and governance issues will be covered by the consultant:
Gap analysis of mandates, capacity, incentives and transparency in permitting,
monitoring and enforcing environmental regulations in the oil and gas sector.
Expenditure review of sector and environmental institutions for environmental and social
regulation and enforcement in the sector.
Gap analysis of mandates, capacity, incentives and transparency in permitting,
monitoring and enforcing occupational health and safety regulations in the oil and gas
sector.
Expenditure review of sector and occupational health and safety institutions for
occupational health and safety regulation and enforcement in the sector.
Capacity and transparency of institutions at the central and local level to resolve
controversies between landowners and water users in both coastal / offshore and
onshore locations.
Capacity and transparency of institutions at the central and local level to resolve
controversies between landowners and/or land users (people who may own the houses,
or use the land, but do not own the land and do not have land title deeds), and oil and
gas activities in both coastal / offshore and onshore locations. This assessment should
also take into account possible controversies involving people with collective attachment
to the land.
Coordination between oil and gas, environment and natural resource management,
occupational health and safety, and emergency response institutions.
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2.3.5.8. Accountability and independence of decision makers and authorities with competence
for granting environmental permits, and occupational health and safety permits, to oil
and gas activities.
2.3.5.9. Organizational and institutional capacity of stakeholders’ affected by (including local
communities) and vulnerable peoples to activities in the oil and gas sector.
2.3.6. The consultant will conduct a round of consultations on the interim report through
national workshops. The workshops must serve to capture the perceptions and inputs of
relevant stakeholders on environmental, social, health and safety priorities related to oil
and natural gas development, and on the corresponding proposed government
interventions or policies needed to address them. The Consultant must ensure that the
perceptions of vulnerable stakeholders are taken into account and incorporated into the
analysis.
Upon completion of the workshops, the consultant will revise the first interim report and
submit it for review by NEMA and the World Bank.
2.4.
Formulation of Recommendations
2.4.1.
The consultant will identify the necessary changes in or additions to policy, legislation,
regulations and guidelines, and the SESA will deliver a policy, legislative, and regulatory
matrix comprising recommendations and an action plan for their implementation and
monitoring.
The consultant will draft a plan for capacity building, including changes in or additions to
the existing institutional structure and institutional development, also formulated as a
matrix of recommendations and an action plan. The plan will also include
recommendations and actions on strengthening conflict resolution (especially between
vulnerable and marginalized groups/local communities and oil and gas developers).
The SESA will include, as a planning tool, an Environmental and Social Management Framework.
The consultant will draft a set of technical recommendations. These will consist of, but
not be limited to, a freestanding set of petroleum sector specific guidelines for
development planning, ESIA and impact management in the sector, including guidance
in:
 Identifying associated facilities and projects during the different phases of typical
oil and gas developments (e.g. seismic, exploratory drilling, appraisal,
development and construction, production, transportation, commercialization,
decommissioning)
 Identifying and managing cumulative / synergistic / secondary impacts and effects
 Conducting alternative analysis (e.g. location, technology, management,
2.4.2.
2.4.3.
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optimization)
Screening projects for the potential for involuntary resettlement (see also section
2.7.7),
Screening for impacts on vulnerable and marginalized groups and other local
communities,
Developing actionable environmental and social management plans that can be
operationalize (including quantitative indicators to measure objectively),
Any recommended additions to Kenyan environmental and social standards to fill
gaps in the oil and gas governing the sector,
Any recommended changes or updates to existing Kenyan environmental and
social standards governing the sector
Identifying the possible need for additional safeguards instruments to be
prepared, if necessary
The consultant should apply best international practices, experience and judgment in
identifying other appropriate technical outputs. The petroleum sector guidelines will be a
freestanding document.
The consultant will compile the other outputs of this phase into a second interim report
for review by NEMA and other institutions, MEP and the World Bank. Phase 2.4 is
expected to require six (6) weeks.
2.5.
Final Consultations, Review and Approval
2.5.1.
The consultant will combine the interim reports and key elements of the scoping report
into a draft report for dissemination to stakeholders by NEMA. Task 2.5.1 is expected to
require eight (8) weeks, allowing time for review of the draft report by stakeholders prior
to the workshops.
The consultant will present the draft report at seven workshops – one national (Nairobi)
and six regional at locations to be agreed with NEMA. Preliminary information indicates
the regional workshops would be conducted in northwest, west-central, southwest,
northeast, east central, and southeast areas of Kenya. The main objective of the
workshops is to obtain stakeholder comments on the SESA. NEMA will organize the
workshops.
Following the workshops, the consultant will revise the draft report based on stakeholder
inputs, document the consultations and their results in the report, and submit a draft
final report to NEMA, with a copy to the World Bank, for review and approval. Tasks 2.5.2
to 2.5.3 are expected to require six (6) weeks, allowing time for conducting the seven
workshops and addressing stakeholders’ inputs.
2.5.2.
2.5.3.
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2.5.4.
2.5.5.
The consultant will prepare the final report, incorporating revisions suggested by NEMA
and, via NEMA, by the World Bank. Task 2.5.4 is expected to require for (4) weeks,
allowing time for review of the draft final report by NEMA and the World Bank.
The Consultant may be required to participate in key follow-up discussions necessary to
further disseminate and explain the findings and recommendations of the SESA,
particularly to the Government of Kenya, its institutions, and the World Bank.
2.6.
Additional Advisory Services and Knowledge Transfer
2.6.1.
The consultant should include as a separate item in its proposal provision of eight
person-weeks of specialized assistance to MEWNR, NEMA, MEP, DOSH, and the KEPTA
Technical Advisors in assessing the potential environmental and social impacts,
occupational safety and health risks and issues of policy, legislative, or regulatory
changes that may be under consideration in KEPTAP.
The consultant should include as a separate item in its proposal arrangements for
transfer of knowledge on the petroleum sector strategic environmental and social
assessments to NEMA staff. These can include on the job training, presentations of
international experience, and participatory workshops in Kenya.
2.6.2.
2.7.
Specific Issues to be addressed by the SESA
In addition to the information and requirements presented in sections 2.1 to 2.6 above, the
consultant will consider, assess, and incorporate during execution of the SESA the following key
issues. The SESA draft and final reports will specifically address and include the following:
2.7.1.
Legal, Regulatory and Institutional Reforms
Kenya has a substantial system in place with regards to environmental, health and safety
regulations, but those are not petroleum sector specific. A high priority on the Government’s
agenda is the implementation of a comprehensive, clear and workable environmental, social,
health and safety regulatory framework for the development of Kenya’s petroleum. Moreover,
Kenya is going through a major process of institutional reforms. As part of that, national and
regional legislation (in each of the 47 counties) is being enacted. (e.g. Public Participation Law).
The SESA will provide the necessary input for the development of the required policy reforms,
legal and regulatory framework, impact and strategic sector assessments, and guidelines and
procedures for the implementation of recommended reforms for the key institutions involved in
the oil and gas sector (e.g. Ministry of the Environment, NEMA, DOSHS and NOCK). This input will
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take into account the analysis of the legal and regulatory work undertaken to date in the oil and
gas sector as well as institutional and policy recommendations prepared for the government in
the context of that work. Further, the SESA will assess and make recommendations for the
necessary inter-agency coordination for effective policy development and implementation.
The SESA will consider the necessary issues for Policy initiatives that must be implemented to
address industry specific air (gas flaring, Green House Gases - GHG), water and effluents, wastes
(hazardous and non-hazardous), and land use impacts associated with oil and gas (conventional
and unconventional) exploration and production nationally and regionally within the country.
These policies could range from the implementation of mandatory emissions limits on oil and gas
operations, to other voluntary programs and actions. These activities need to encompass good
international industry practices (e.g. IPIECA, WB/IFC EHS guidelines, IFC Performance Standards)
to reduce environmental releases and enhance social well-being.
The SESA will incorporate the necessary information and produce the necessary deliverables to
support the development of petroleum sector specific occupational safety and health regulations
to provide effective and efficient oversight of the sector in line with international best practice
(e.g. OGP, WB/IFC EHS guidelines, IFC Performance Standards).
The SESA will integrate and present the necessary support information to build or enhance the
short and long-term capacity of key environmental, social, occupational health and safety
institutions in petroleum sector activities and EIA/SEIA best practices. The SESA will consider, and
its outcome will support the expansion of coordinating and supervising agencies such as the
Ministry of the Environment, Water and Natural Resources (MEWNR), the National
Environmental Management Authority (NEMA), and the Directorate of Occupational Safety and
Health (DOSH) in the Ministry of Labor. The SESA will complete institutional reviews in which a
functional diagnosis is made of the institutions, with a focus on mandates, objectives and
responsibilities, organizational management structures, processes and procedures, as well as
human, technical and financial capabilities, while considering the growth of the petroleum sector.
These reviews will further inform the human and institutional capacity building for the years to
come. The SESA outcome will include the necessary policies / plans / programs (PPP) for capacity
building and training of the personnel, and equipment necessary for the agencies to operate
effectively.
In summary, the SESA deliverables must result in the necessary input for policies (national and
counties), regulations and organizations, to well position the institutions (e.g. MEWNR, NEMA,
DOSHS) to provide greater capacity for policy development, regulatory certainty and consistency
in oil and gas oversight through enhanced policies/plans/programs, assessment /statements,
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data collection and analysis, improved information sharing and partnerships, and focused
compliance assistance and enforcement.
2.7.2.
Stakeholder Involvement, Engagement and Consultation
The SESA will identify initial barriers to public involvement in Kenya, will consider measures to
eliminate those barriers, will deliver a plan and implement it, for effective stakeholder
engagement, including:
 Access to information by a wide majority of the public
 Adequateness of awareness of roles by the public
 Adequateness of consultation where there is involvement, and
 Adequacy of language use in reports and presentations to communities and the general
public
The SESA will reach out to diverse national and local stakeholders interested in or potentially
affected by oil and gas development. The outreach should seek to improve understanding of
stakeholders’ issues, identify key drivers and barriers, increase performance, and address the
environmental and social implications of oil and gas development.
The SESA will require adequate planning, methodology and resources, including the following
initiatives for proper stakeholder involvement:
 Actively involving local experts and opinion leaders in SESA process
 Use of appropriate/ comprehensible / non-technical language
 Create awareness and encourage participation by the public
 Conduct the engagement at the location of interested / affected parties (communities),
and if/when necessary facilitate transportation to a stakeholders meeting
Any participatory incentives need to be given in good faith not merely as a way to have sizable
public audience to rubber-stamp the SESA.
The consultant will describe the methodology that will be used to identify and map the
stakeholders. If the consultant has any protocols that have been effective in similar projects
please describe them.
2.7.3.
Environmental and Social Safeguards in Oil and Gas GoK Contracts
The SESA will identify the existing environmental, social, occupational health and safety
requirements that are included in the Oil and Gas contracts between the GoK and the Oil and Gas
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Companies. The SESA will consider the environmental, social, occupational health and safety
safeguards that need to be incorporated in the Oil and Gas Contracts.
The SESA will provide the information necessary and specific recommendations of the
environmental, social, occupational health and safety minimum requirements that the GoK
should include in the Oil and Gas contracts.
2.7.4.
Quality and Standard of Environmental Impact Assessment (EIA) and Impact Statement
The SESA will assess the general quality of Environmental Impact Assessment (EIA) and Impact
Statement in Kenya by reviewing EIA reports and statements for oil and gas offshore and onshore
projects.
The SESA outcome will provide input regarding the deficiencies in the EIAs and statements, and
will provide recommendations to improve the EIAs and statements (EIAs and Statements to be
provided by NEMA).
2.7.5.
EIA follow-up
The SESA will assess the follow-up and enforcement of EIAs for oil and gas. It will provide the
necessary input and recommendations for adequate compliance monitoring and enforcement,
including the information that need be included in the reports submitted by companies /
operators to NEMA.
The SESA will assess the existing mechanisms that NEMA uses for funding the monitoring, follow
up and regulatory enforcement of oil and gas projects. The SESA will provide the necessary input
and recommendations to assure funding at the institutional level (e.g. NEMA, DOSH) for
independent and effective monitoring and auditing of petroleum activities by the regulatory
agencies.
2.7.6.
Biodiversity and Sustainable Management Living Natural Resources
The SESA will consider biodiversity and the policies, plans and programs necessary to sustainably
manage and mitigate impacts on biodiversity and ecosystem services throughout the petroleum
development lifecycle. Ecosystem services valued by humans are often underpinned by
biodiversity. Impacts on biodiversity can therefore often adversely affect the delivery of
ecosystem services.
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The main objectives of the PPP related to biodiversity are:
 To protect and conserve biodiversity.
 To maintain the benefits from ecosystem services.
 To promote the sustainable management of living natural resources through the adoption
of practices that integrates conservation needs and development priorities.
The SESA will assess biodiversity, and it will recognize that protecting and conserving biodiversity,
maintaining ecosystem services, and sustainably managing living natural resources are
fundamental to sustainable development. The requirements for biodiversity will be guided by the
Convention on Biological Diversity, which defines biodiversity as “the variability among living
organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems
and the ecological complexes of which they are a part; this includes diversity within species,
between species, and of ecosystems.”
Ecosystem services are the benefits that people, including businesses, derive from ecosystems.
Ecosystem services are organized into four types: (i) provisioning services, which are the products
people obtain from ecosystems; (ii) regulating services, which are the benefits people obtain
from the regulation of ecosystem processes; (iii) cultural services, which are the nonmaterial
benefits people obtain from ecosystems; and (iv) supporting services, which are the natural
processes that maintain the other services.
2.7.7.
Water Resources
Surface and underground water and energy are inextricably linked and mutually dependent, with
each affecting the other’s availability. Water is needed for energy development and generation,
and energy is required to supply, use, and treat drinking water and wastewater.
There is an increase in water use associated with energy development, and a considerable
amount of water is used, for example, to extract oil and natural gas from geologic formations,
and extract oil shale in the event commercial production of this energy source becomes
economically feasible in the future.
In addition, development of oil and gas resources can produce large volumes of wastewater—
“produced water”—that must be disposed of or treated to allow for its reuse. The SESA will
identify and address the link between energy and water as essential to ensuring a sustainable
supply of each.
The SESA will consider, identify and describe water resource (surface and underground) PPP
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considerations. The main objectives of the PPPs will be to protect water resources from the
adverse impacts of oil and gas activities and to promote the equitable sharing of benefits and
proper use of both surface ad underground water resources.
2.7.8.
Seasonal nomadic communities, large-sized migratory species and cross-regional
impacts
Seasonal nomadic communities, large-sized migratory species, and cross-regional impacts, with
the potential to occur across much of Kenya where future oil and gas development activities may
occur, will be addressed in the SESA.
The SESA outcome should provide not only the basis for policy development, but also and very
important, it should be a key input for updating the Kenyan Petroleum Development Master
planning to identify strategic options to optimize the social and environmental benefits and
minimize the impacts of oil and gas development.
2.7.9.
Resettlement Policy Framework
The development of oil and gas projects in Kenya is likely to have social impacts on land access,
restriction of access to assets and natural resources, displacement and/or loss of livelihood
among others (potential to trigger the World Bank’s safeguards policy on Involuntary
Resettlement, O.P 4.12).
The consultant will review current resettlement practices in other sectors in Kenya, their
applicability to the petroleum sector, and their alignment with international best practice (e.g.
IFC PS). Learning from these experiences and international best practices, the consultant will
provide recommendations for petroleum sector-specific policies and recommendations on
involuntary resettlement.
The SESA will provide a comprehensive diagnosis of typical and common petroleum sector land
acquisition leading to resettlement and/or restrictions of access to resources and livelihoods. The
SESA will provide an appropriate basis for development of policies to mitigate potential social
risks consistent with international good practice.
2.7.10. Oil Spill Preparedness, Emergency Response and Crisis Management
The SESA will assess the capacity for Oil Spill Preparedness, Emergency Response and Crisis
Management, and key information for development of a National Oil Spill Contingency Plan and
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actions to strengthen the GoK’s capacities in these areas.
The SESA will identify the existing government agencies in Kenya with responsibility (defined
mandates, roles and responsibilities), and existing built in capacity (or lack of) for contingency
planning and responding to petroleum sector events.
The SESA will make recommendations regarding policy/plans/programs and institutional for
developing a comprehensive Oil Spill (and other petroleum industry major events) Preparedness,
Emergency Response and Crisis Management.
2.7.11. Climate Change Related Risks and Impacts
The SESA will consider climate risks and impacts that can provide key information regarding
vulnerabilities and risks faced by the specific sector planned activities. The use of screening tools
will enhance the capacity to understand and integrate climate change factors into project
planning, especially at the initial stages of project preparation.
The SESA will generate recommendations with respect to a variety of adaptation measures. At
this point, it will be important to narrow down the selection to those measures that are more
suitable to the local conditions and expected to generate the best development outcomes.
2.7.12. Gender Considerations
The SESA will identify and analyze any potential gender-specific impacts and opportunities of the
oil and gas sector – including how men and women may differently experience risks and benefits
of the sector.
The SESA will propose implementable, culturally appropriate actions to minimize gender-specific
impacts while optimizing opportunities in the petroleum sector.
2.7.13. Communities and Vulnerable Inhabitants
The SESA will recognize that oil and gas development often bring benefits to communities,
including employment, services, and opportunities for economic development. However, oil and
gas development can also increase the potential for community exposure (including vulnerable
groups within the community) to risks and impacts arising from the projects activities. The SESA
will consider the Policies, Plans and Programs to avoid or minimize the risks and impacts to
community health, safety, and security that may arise from project activities. Further, the level of
NEMA - TOR - SESA - KEPTAP, JULY 23, 2014
15
risks and impacts may be greater in projects located in conflict and post-conflict areas.
The main objectives of the PPPs will be:
• To avoid or minimize risks to and impacts on the health and safety of the Affected
Communities during the life cycle of oil and gas development, from both routine and nonroutine circumstances
• To ensure that the safeguarding of personnel and property is carried out consistently with
relevant human rights principles and in a manner that avoids or minimizes risks to the
Affected Communities
The SESA will address the status of vulnerable inhabitants as appropriate, including religious and
ethnic minorities, indigenous and tribal peoples, pastoralist communities and, in some societies,
women (refer to the gender considerations section above).
The SESA will conduct a mapping of vulnerable inhabitants in the oil and gas areas, to determine
potential cultural risks and impacts – on shared customs, obligations, values, language, religious
belief and other elements that make a social or ethnic group distinct; and that may affect
vulnerable ethnic minorities. The mapping will indicate the presence and collective attachment to
the land of distinctive or potentially vulnerable groups, and linkages among geo-political units
(national, regional, county, local and inter-local).
As part of the social assessment of vulnerable inhabitants in the oil and gas areas, the SESA will
include baseline information regarding education, literacy and poverty levels of the population
among the criteria to be assessed. This data will be fundamental for designing vocational skills
training programs linked to the oil industry (refer to local content section below); for the design
of the information communications campaign; and for carrying out the workshops throughout
the development of the SESA, among other issues.
Finally, the SESA will identify measures for avoidance or mitigation of adverse impacts, as well as
for culturally appropriate benefit-sharing.
2.4.1.
Cultural Heritage
The SESA will recognize the importance of cultural heritage for current and future generations.
Consistent with the Convention Concerning the Protection of the World Cultural and Natural
Heritage, the SESA will consider the policies, programs and plans (PPP) necessary for the
protection of cultural heritage in the course of the petroleum development activities. In addition,
the requirements of use of cultural heritage will be based in part on standards set by the
NEMA - TOR - SESA - KEPTAP, JULY 23, 2014
16
Convention on Biological Diversity.
The main objectives of the PPPs will be:
• To protect cultural heritage from the adverse impacts of oil and gas activities and support
its preservation.
• To promote the equitable sharing of benefits from the use of cultural heritage
Cultural heritage refers to (i) tangible forms of cultural heritage, such as tangible moveable or
immovable objects, property, sites, structures, or groups of structures, having archaeological
(prehistoric), paleontological, historical, cultural, artistic, and religious values; (ii) unique natural
features or tangible objects that embody cultural values, such as sacred groves, rocks, lakes, and
waterfall; and (iii) certain instances of intangible forms of culture that are proposed to be used
for commercial purposes, such as cultural knowledge, innovations, and practices of communities
embodying traditional lifestyles.
Cultural heritage PPP considerations will apply regardless of whether or not it has been legally
protected or previously disturbed.
2.7.14. Local Content
Local content is referred to the creation of jobs, promotion of enterprise development and the
transfer of skills and technologies. Industry business participation by local entrepreneurs and
enterprises, and the employment of local population by the industry, are key matters in ensuring
a social license to operate.
The SESA will identify local content opportunities in terms of goods and services to supply for the
Kenyan O&G industry. Further, it will identify the workforce (quantities) and labor (skills)
requirements in the Kenyan oil and gas sector, including technical, project management and
vocational. The SESA will deliver recommendations on how to address local content.
2.7.15. Trans-boundary Considerations
The SESA will consider and identify environmental and social trans-boundary key issues for oil
and gas development in Kenya, and address the trans-boundary impact of plans, programs and
policies.
The SESA will review and describe the key challenges regarding environmental and social transboundary issues for oil and gas development. These may relate, for example, to compatibility of
NEMA - TOR - SESA - KEPTAP, JULY 23, 2014
17
national systems for environmental assessment and public participation, trans-boundary
movement of hazardous wastes, use of aquifers, etc., and discuss the practical problems of
implementing trans-boundary agreements and to propose possible approaches.
3. CONSULTANT TEAM AND CONSULTANTS’ QUALIFICATIONS
The consultant team to conduct the SESA will be an integrated team of local and international
consultants and experts, conformed by the following organization and with the following
minimum qualifications and experience, including:
3.1. A local environmental and social consulting firm (local firm)
The local firm will have the lead responsibility for data collection and the analytical work. It will
have demonstrable extensive experience conducting environmental and social impact
assessments in Kenya, and proven petroleum sector experience. The local firm will also have
extensive proven experience in developing and implementing public and community engagement
plans in Kenya, including public and community (civil society) participation and consultation. The
local firm must be registered as a consultant with NEMA.
The local firm must include the following professionals / specialists, with the minimum
qualifications of the team members as follows:




Environmental professional - specialist (national) with at least ten years of experience
with ESIA in Kenya, including work on at least two EIAs for oil and gas projects. Must be
very knowledgeable and familiar with the environmental policies and regulations existing
in Kenya.
Social development professional - specialist (national) with at least ten years of
experience with ESIA in Kenya, including work on at least two EIAs for oil and gas projects.
Must be very knowledgeable and familiar with the social related policies and regulations
existing in Kenya (land acquisition, resettlement, compensation, gender considerations,
inclusion of vulnerable groups, etc.), and proven expertise in community development.
Safety and occupational health professional - specialist (national), with at least ten years
of experience working in safety and occupational health in Kenya. Must be very
knowledgeable and familiar with the safety and occupational health policies and
regulations existing in Kenya.
Civil society / community engagement professional - specialist (national) with at least five
years experience in public participation in Kenya, including community and grass-root
engagement and consultation. Must be knowledgeable and have expertise with the
NEMA - TOR - SESA - KEPTAP, JULY 23, 2014
18

similarities and differences for effective community consultation and participation across
the different regions in Kenya. Must be familiar with existing policies and regulations
regarding stakeholder communication / consultation / engagement, and preferably with
experience in communication policymaking.
Economist professional – specialist (national) with at least five years’ experience in
economic alternative analysis, environmental and social costs, externalities, and
mitigation costs.
3.2. A team of international consultants (international team)
The international team will have proven experience on conducting strategic impact assessments
for the Oil and Natural Gas industry sector; and proven experience assessing and addressing
environmental, social, safety and health policy and regulatory issues in oil and gas development.
The international team will provide overall coordination and advisory services to the local
consultants.
The minimum qualifications of key international team members are as follows:



An environmental professional (environmental engineer, environmental scientist),
specialist (international) with at least ten years of professional experience working in the
international onshore and offshore oil and natural gas sector; very knowledgeable and
familiar with the international oil and natural gas best industry practices including IPIECA;
the World Bank General, Oil and Gas Sector and Infrastructure EHS Guidelines; the IFC
2012 Performance Standards, and ISO 14001
A social assessment professional (sociologist, anthropologist, natural resources
economist), specialist (international) with at least ten years of professional experience in
the oil and natural gas sector. With strong foundations in natural and social sciences, the
social specialist will have proven experience providing consulting services focused on the
human and socio-economic aspects of natural resource management and environmental
planning through impact assessment, follow-up monitoring, environmental policy and
participatory decision making processes. Must be very knowledgeable and familiar with
the international oil and natural gas best industry practices including IPIECA; the World
Bank EHS Guidelines; the IFC 2012 Performance Standards, and ISO 26000
A safety and occupational health professional (degree in safety and health CSP), specialist
(international) with at least ten years of professional experience working in the
international onshore and offshore oil and natural gas sector; very knowledgeable and
familiar with the international oil and natural gas best industry practices including OGP,
IPIECA; the World Bank General, Oil and Gas Sector and Infrastructure EHS Guidelines; and
NEMA - TOR - SESA - KEPTAP, JULY 23, 2014
19


OHSAS 18001
An engineer (international) with at least ten years of proven operational experience
dealing with technical aspects of onshore and offshore oil and gas operations, with
experience in exploration (seismic and drilling), appraisal, development and extraction,
processing, and transmission. Must be very knowledgeable and familiar with international
oil and natural gas best industry practices, including OGP.
A lawyer with at least five years’ experience in environmental law, in particular,
environmental procedures and regulations as well as familiarity with oil and gas
legislation.
SESA Team Organization Diagram
4. DELIVERABLES AND SCHEDULE
Deliverables
Scoping/Inception Report
First Interim Report
Second Interim Report
Draft Report
Draft Final Report
Final Report
Schedule
end of week 8
end of week 18
end of week 24
end of week 32
end of week 38
end of week 42
NEMA - TOR - SESA - KEPTAP, JULY 23, 2014
20
5. PROPOSAL REQUIREMENTS
The proposal for the SESA must be prepared in accordance with procurement legislation. It
should also contain the information listed bellow:

SCOPE OF WORK. The scope of work should include a description of the specific activities
that will be performed in order to accomplish the required phases and tasks identified in
the TOR. This should include any proposed site visits/reconnaissance, documents to be
reviewed, interviews, stakeholder meetings, etc. If the Consultant believes that additional
tasks or components within a required task are necessary or warranted, these should be
stated and delineated as “Optional Tasks”.

PROJECT TEAM AND QUALIFICATIONS. The SESA consultant team must include the firms
and specialists indicated in the TOR. This should include the names of the consultant team
members (local and international), their qualifications including relevant technical
capabilities, and specific previous experience must be detailed as requested in the TOR.
The consultant Project Manager (main point of contact, and must be one of the
specialists) must be identified as well.

SCHEDULE. A proposed detailed schedule for execution of the SESA must be presented
(refer to Section 4 of TOR for a tentatively proposed schedule). The schedule must
indicate the proposed start and completion dates for each required phase, task, and
activities listed in the TOR, and any important or specific project milestones (e.g.
deliverables, reports).

ESTIMATED COSTS. A breakdown of the estimated costs by phase or task must be
presented (i.e., tabular format) and should include Direct Labor Costs (number of hours
or days per staff and their associated unit costs) and Indirect Labor Costs (i.e., travel, per
diem, etc.). Any assumptions related to the estimated costs must be clearly stated. If any
additional Optional Tasks are recommended, then a separate cost estimate must be
provided for the additional optional tasks.

MAJOR ASSUMPTIONS: The Consultant shall describe all the major assumptions made in
order to estimate the cost of their proposal.

ANTICIPATED DIFFICULTIES: The Consultant shall describe all anticipated
difficulties and make recommendations regarding how they will be overcome such
difficulties during execution of the scope of work.

ADDEDD VALUE: The consultant shall describe why does the proposed team conformed is
the best consultant team to perform the SESA of this Project.
NEMA - TOR - SESA - KEPTAP, JULY 23, 2014
21
6. CONTACTS
Issued by:
Geoffrey M. Wahungu, Prof.
Director General
National Environment Management Authority (NEMA)
Address: Eland House, Popo Road, off Mombasa Road, PO BOX 67839 – 0200, Nairobi, Kenya.
Fax: + 254 20 6008997
Tel: + 254 20 6005522/6/7, 6001945
Email: dgnema@nema.go.ke
Website: www.nema.go.ke
Attn:
Zephania O. Ouma, Deputy Director – Compliance, email: zouma@nema.go.ke
Jeremia Wahome Mwangi, Compliance and Enforcement Officer, email: jwahome@nema.go.ke
NEMA - TOR - SESA - KEPTAP, JULY 23, 2014
22
Annex 1
Scoping Report - Table of Content – Provided as an example only
1. Introduction
2. Overview of the oil and Gas Sector and Government Licensing Plan
3. Policy Context
4. SESA Approach and Method
5. Baseline Data
6. Potential Environmental, Social, Occupational Safety and Health Effects
7. Stakeholders
8. Data Gaps
9. Scoping Questions
Appendix A: Legislation and Policy Context
Appendix B: Institutions and Installed Capacity
Appendix C: References
Appendix D: Glossary
NEMA - TOR - SESA - KEPTAP, JULY 23, 2014
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Annex 2
SESA Report - Table of Content – Provided as an example only
Non-Technical Summary
 Introduction
 The Draft Plan/Program
 What are the Alternatives to the Draft Plan/Program
 The Environmental, Social, Occupational Safety and Health Report
 The Geographical Extent of the SESA
 Prospectivity
 Overview of main sources of effect and controls in place
 Assessment Summary
 Conclusions
 Next Steps
1 Introduction
1.1 The Strategic Environmental and Social Assessment
1.2 The Requirement for SESA
1.3 The Purpose of the SESA Report
1.4 Consultation Bodies and Civil Society Stakeholders
1.5 Contents of the SESA Report
1.6 Organization of the SESA Report
1.7 The Study Team
1.8 Public Consultation
2 Overview of the Draft Policy/Plan/Program and its relationship with other activities
2.1 The Draft Policy/Plan/Program
2.2 Onshore / Offshore Licensing Regulatory Context and Background
2.3 Prospectivity
2.4 Potential Activities Following Licensing
2.5 Alternatives to the Draft Policy/Plan/Program
2.6 Relationship of the Draft Policy/Plan/Program to Other Policies, Plans and Program
3 SESA Approach
3.1 Scoping
3.2 SESA Objectives and Indicators
3.3 SESA Scope
3.4 Assessment Methodology
3.5 Consultation
4 Environmental Information
4.1 Introduction
4.2 Baseline
4.3 Relevant Existing Problems
4.4 Likely Evolution of the Baseline
5 Social and socio-economic Information
5.1 Introduction
NEMA - TOR - SESA - KEPTAP, JULY 23, 2014
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5.2 Baseline
5.3 Relevant Existing Problems
5.4 Likely Evolution of the Baseline
6 Occupational Safety and Health Information
6.1 Introduction
6.2 Baseline
6.3 Relevant Existing Problems
6.4 Likely Evolution of the Baseline
7 Summary of Assessment
7.1 Introduction
7.2 Potential Activities Following the Adoption of the Draft Policy/Plan/Program
7.3 Alternatives
7.4 Interrelationships, Cumulative and Transboundary Effects
7.5 Conclusion
8 Monitoring
8.1 Legislative Requirements
8.2 Approach
9 Next steps
Glossary and Abbreviations
References
Appendix 1 Scoping Consultation Feedback
Appendix 2 Onshore / Offshore oil and gas activities, controls and mitigation
Appendix 3 Other Relative Initiatives
Appendix 4 Environmental Baseline
Appendix 4a Biodiversity, habitats, flora and fauna
Appendix 4b Geology and soils
Appendix 4c Landscape
Appendix 4d Water Environment
Appendix 4e Air quality
Appendix 4f Climatic factors
Appendix 5 Social Baseline
Appendix 5a Population, human health, education, literacy, poverty levels
Appendix 5b Material assets (infrastructure, other natural resources)
Appendix 5c Cultural heritage, including architectural and archaeological heritage
Appendix 5d Vulnerable Communities
Appendix 6 Occupational Safety and Health Baseline
Appendix 6a Workers and safety
Appendix 6b Occupational Health in industry
Appendix 6c Health related injuries
Appendix 7 Tools for screening of Climate change related risks and impacts
Appendix 8 Conservation Sites
Appendix 9 Legal, Regulatory and Institutional Reforms (National and Regional/Counties)
Appendix 10 Stakeholder Involvement, Engagement and Consultation
Appendix 11 Environmental and Social Safeguards in Oil and Gas GoK Contracts
NEMA - TOR - SESA - KEPTAP, JULY 23, 2014
25
Appendix 12 Quality and Standard of Environmental Impact Assessment (EIA) and Impact
Statement
Appendix 13 EIA follow-up
Appendix 14 Seasonal nomadic communities, large-sized migratory species and cross-regional
impacts
Appendix 15 Resettlement Policy Framework
Appendix 16 Oil Spill Preparedness, Emergency Response and Crisis Management
Appendix 17 Gender Considerations
Appendix 18 Local Content
NEMA - TOR - SESA - KEPTAP, JULY 23, 2014
26
Annex 3
SESA Report - Table of Content – Provided as an example only
Non-Technical Summary
Onshore /Offshore Petroleum Development and Hydrocarbon Licensing - An Overview
What is Strategic Environmental and Social Assessment?
Applying Strategic Environmental and Social Assessment to the Draft Master Petroleum Plan /
Licensing Plan - What has been assessed?
Which Environmental and Social Topics have the Draft Master Petroleum Plan / Licensing Plan
been Assessed Against?
What are the Likely Significant Effects of the Draft Master Petroleum Plan / Licensing Plan and the
Reasonable Alternatives?
What are the Secondary, Cumulative and Synergistic Effects of the Draft Master Petroleum Plan /
Licensing Plan?
Proposed Mitigation Measures
Proposals for Monitoring
Introduction
Overview
Context
Purpose of this Report
Strategic Environmental and Social Assessment
Applying SESA to Onshore / Offshore Oil and Gas Sector and Licensing Rounds
Consultation and Stakeholder Engagement
Public Consultation on the Interim/Draft SESA Report
Revised SESA Report Scoping Consultation
Habitats Regulations Assessment
SESA Report Structure
Commenting on this SESA Report
The Petroleum Development Plan / Licensing Plan
Introduction
Context and Draft Licensing Plan Objectives
Context
Draft Licensing Plan Objectives and Scope
Onshore Licensing Regulatory Context and Background
Prospectivity
Potential Activities Following Licensing
Summary of Potential Activities, Resulting Effects and Controls
Potential Activity Scenarios
Alternatives to the Draft Licensing Plan
Award of Licenses
Restrictions on the Award of Licenses
No Award of Licenses
Summary
NEMA - TOR - SESA - KEPTAP, JULY 23, 2014
27
Context and Baseline
Introduction
Review of Policies, Plans and Programs (National, regional/counties)
Collecting Baseline Evidence
Key Issues Relevant to Onshore / Offshore Oil and Gas Licensing
Limitations of the Data
SESA Methodology
Scope of the Assessment
Focus
Environmental, Social, Occupational Safety and Health Topics
Geographic Scope
Short, Medium and Long-Term Timescales
Approach to Assessing the Effects
Assessment Objectives and Guide Questions
Completing and Recording the Assessment
Assessment of Activities
Assessment of Plan Alternatives
Definitions of Significance
Mitigation
Assessment of Secondary, Cumulative and Synergistic Effects
Technical Difficulties
Uncertainties
Assumptions
Assessment of Effects of the Licensing Plan and Reasonable Alternatives
The Environmental and Social Effects of Conventional Oil and Gas Exploration and
Production
Likely Significant and Other Environmental and Social Effects
The Environmental and Social Effects of Unconventional Oil and Gas Exploration and
Production
Likely Significant and Other Environmental and Social Effects
The Environmental and Social Effects of Gas Storage
Likely Significant and Other Environmental and Social Effects
Environmental and Social Effects of the Reasonable Alternatives to draft Licensing Plan
Limiting the Area of Land Available to be licensed
No Award of Licenses
Summary
Mitigation and Enhancement
Secondary, Cumulative and Synergistic Effects
Cumulative Effects of New Licensed Activities
Conclusions and Monitoring
NEMA - TOR - SESA - KEPTAP, JULY 23, 2014
28
What are the Environmental and Social Effects of the draft Licensing Plan?
Proposals for Monitoring
Next Steps
Appendix 1 Scoping Consultation Feedback
Appendix 2 Onshore / Offshore oil and gas activities, controls and mitigation
Appendix 3 Other Relative Initiatives
Appendix 4 Environmental Baseline
Appendix 4a Biodiversity, habitats, flora and fauna
Appendix 4b Geology and soils
Appendix 4c Landscape
Appendix 4d Water Environment
Appendix 4e Air quality
Appendix 4f Climatic factors
Appendix 5 Social Baseline
Appendix 5a Population and human health, education, literacy, poverty levels
Appendix 5b Material assets (infrastructure, other natural resources)
Appendix 5c Cultural heritage, including architectural and archaeological heritage
Appendix 5d Vulnerable Communities
Appendix 6 Occupational Safety and Health Baseline
Appendix 6a Workers and safety
Appendix 6b Occupational Health in industry
Appendix 6c Health related injuries
Appendix 7 Tools for screening of Climate change related risks and impacts
Appendix 8 Conservation Sites
Appendix 9 Legal, Regulatory and Institutional Reforms (National and Regional/Counties)
Appendix 10 Stakeholder Involvement, Engagement and Consultation
Appendix 11 Environmental and Social Safeguards in Oil and Gas GoK Contracts
Appendix 12 Quality and Standard of Environmental Impact Assessment (EIA) and Impact
Statement
Appendix 13 EIA follow-up
Appendix 14 Seasonal nomadic communities, large-sized migratory species and cross-regional
impacts
Appendix 15 Resettlement Policy Framework
Appendix 16 Oil Spill Preparedness, Emergency Response and Crisis Management
Appendix 17 Gender Considerations
Appendix 18 Local Content
NEMA - TOR - SESA - KEPTAP, JULY 23, 2014
29
ANNEX 4
Selected Government Institutions and Organizations (indicative and not limiting)
Stakeholder
Focus
Key Role
Ministry of
Environment,
Water and
Natural
Resources
Secure and
sustainable
management of
Kenya´s
environment and
natural resources
National
Environmental
Management
Authority
(NEMA)
Environmental
management and
protection
Ministry of
Energy
Country energy
demand and supply
To monitor, conserve
and protect the
sustainable
management of the
environment and
natural resources for
national development
Monitoring of all
project activities to
safeguard and
enhance the quality
and protection of the
environment in Kenya
Control of energy
consumption,
research, exploitation
and supply
National Oil
Corporation
Kenya (NOCK)
Spearheading of
petroleum
exploration on
behalf of the Kenya
government
Ministry of
Fisheries
Development
Management of
marine ecosystems
Kenya Marine
and Fishery
Research
Institute (KMFRI)
Carries out
biophysical and
socio-economic
research on
fisheries,
mangroves and
marine
NEMA - TOR - SESA - KEPTAP, JULY 23, 2014
Coordinate, facilitate
and participate in the
exploration and
exploitation of
petroleum products.
Source of national
energy data
Source of aquatic
information,
production and
management of
aquatic resources
Source of aquatic
research information,
protection and
management of
aquatic resources
Regulatory
Requirements /
Comments
Mandates NEMA to
oversee all
environmental
management and
protection
throughout Kenya
Issuance of EIA
licenses and SESA
coordinating agency
Mandates NOCK to
oversee all
petroleum
exploration for
government
Assurance of
Production Sharing
Contract (PSC)
Consult and involve
regarding Fisheries
Consult and involve
as necessary in the
study
30
Kenya Wildlife
Service (KWS)
conservation and
management;
monitors pollution
Stewardship of
National Parks and
Reserves, including
security for visitors
and wildlife within
and outside
protected areas
National
Museum of
Kenya (NMK)
Conservation and
sustainable
utilization of
national heritage
Kenya Civil
Aviation (KCA)
To regulate the
aviation industry in
Kenya and provide
air navigation
services within
Kenya´s Flight
Information Region
(FIR)
Coastal
Development
Authority (CDA)
Kenya Navy
Wildlife conservation
and management
within and outside
protected areas
including those under
local authorities,
community and
sanctuaries
Identify, protect and
conserve any cultural
and natural heritage
of any tribe
throughout the
country
To provide safe and
efficient air
navigation services to
aircraft flying within
Kenya´s airspace.
Consult and involve
KWS in the study
Consult the National
Museum of Kenya in
the study
Aviation fees, Air
Navigation Service
Charges,
Entry/Exit/over
flight clearance
request. Flights
Requirements,
Foreign Registered
Aircraft Domestic
Flights Licensing
Requirements
Plan and regulate
Source of information Consult Coastal
developments in
and research data
Development
the coastal area
Authority for
offshore, shore-base
logistic support
Maritime Interests Primary Roles Policing Consult and involve
Exploitation of
Kenya´s territorial
the Kenya Navy for
marine economic
waters. Surveillance
offshore
resources both
of Kenya´s EEZ.
living and nonliving. Protection of vital
Seaborne trade
Areas.
Other roles are
Search and Rescue
operations. Fisheries
protection.
Diplomacy.
NEMA - TOR - SESA - KEPTAP, JULY 23, 2014
31
Ministry of
Labour
Kenya
Investment
Authority
Ministry of Public
Health and
Sanitation
National Oil Spill
Response
Committee
(NOSRC)
Kenya Port
Authority (KPA)
Kenya Maritime
Authority (KMA)
Environmental
patrols. Safeguarding
sea lanes of
communications,
protection of offshore
resources and aid to
civil authorities
Labour and
Health and Safety
Consult and involve
occupational safety considerations and
the Ministry of
and health
administrations
Labour as a lead
agency for H&S
Investment and
Economic
Consult and involve
marketing Kenya
implications of the
KIA in the study
project in the oil and
gas industry and also
economic sectors that
it may affect
Public Health and
Source of information Consult and involve
Safety
and public health risk MoPHS at all levels
management
of government
Develops
Provides procedures
Consult National Oil
contingency plans
to follow in the case
Spill Response
for dealing with oil of an oil spill, persons Committee of the
spills on the Kenyan responsible for
study
coast and oversees particular tasks. The
oil spill surveillance lines of
duties
communication and
directory of
equipment,
contractors, suppliers
and experts
Facilitation of
Control port gateway Oil and fuel transfers
seaborne trade in
along the coast.
must be reported to
the most efficient
Provides provisions
the pollution control
manner by
for waste disposal of officer.
benchmarking
all garbage on all
Waste disposal
coastal operations
vessels in Kenya´s
licenses and
to international
territorial waters
procedures for
acceptable
offshore
standards
Mandate to
Enforces safety of
Ships and Vessels
regulate,
shipping compliance Registration
coordinate and
with construction
oversee activities in regulations,
Consult and involve
NEMA - TOR - SESA - KEPTAP, JULY 23, 2014
32
the maritime
industry for
maximum socioeconomic benefits
in line with national
standards and
international
conventions
Ministry of State
for Planning
National
Development
and Vision 2030
TBD
maintenance of
safety standards and
safety navigation
rules, as well as
conducting regular
inspection of ships to
ensure maritime
safety and prevention
of marine pollution is
adhered to.
Collaborates with
other related public
agencies and
institutions involved
in the prevention of
marine source
pollution, protection
and response to
marine
environmental
incidents
TBD
the Kenya Maritime
Authority of the
study for offshore
TBD
National Environment Management Authority (NEMA)
The National Environment Management Authority (NEMA) is established under the
Environmental Management and Coordination Act (EMCA) No. 8 of 1999, as the principal
instrument of government in the implementation of all policies relating to the environment.
The Authority became operational on 1st July 2002 following the merger of three government
departments, namely: the National Environment Secretariat (NES), the Permanent Presidential
Commission on Soil Conservation and Afforestation (PPCSCA), and the Department of Resource
Surveys and Remote Sensing (DRSRS). However, following government restructuring in March
2003, DRSRS reverted to its departmental status under the then Ministry of Environment and
Natural Resources (MENR). There was a transition period characterized by the integration of
previous departmental activities and appointment of the first Board of Management.
Environmental Management and Coordination Act (EMCA), 1999
The enactment of EMCA, 1999 was a milestone in promoting sustainable environmental
management in the country. The Act provides for the harmonization of about 77 sectorial
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statutes, which address aspects of the environment. EMCA, 1999 provides an institutional
framework and procedures for management of the environment, including provisions for
conflict resolution.
Section 3 of EMCA, 1999 states “Every person in Kenya is entitled to a clean and healthy
environment and has the duty to safeguard and enhance the environment.” The Act is intended
to ensure that our activities do not compromise the capacity of the resource base to meet the
needs of the present generation as well as those of future generations (WCED, 1987)
Functions of NEMA
The authority core functions are:
 Coordinating the various environmental management activities being undertaken by the
lead agencies
 Promote the integration of environmental considerations into development policies,
plans, programs and projects, with a view to ensuring the proper management and
rational utilization of environmental resources, on sustainable yield basis, for the
improvement of the quality of human life in Kenya.
 To take stock of the natural resources in Kenya and their utilization and conservation.
 To establish and review land use guidelines.
 Examine land use patterns to determine their impact on the quality and quantity of
natural resources.
 Carry out surveys, which will assist in the proper management and conservation of the
environment.
 Advise the Government on legislative and other measures for the management of the
environment or the implementation of relevant international conventions, treaties and
agreements.
 Advise the Government on regional and international conventions, treaties and
agreements to which Kenya should be a party and follow up the implementation of such
agreements.
 Undertake and coordinate research, investigation and surveys, collect, collate and
disseminate information on the findings of such research, investigations or surveys.
 Mobilize and monitor the use of financial and human resources for environmental
management.
 Identify projects and programs for which environmental audit or environmental
monitoring must be conducted under this Act.
 Initiate and evolve procedures and safeguards for the prevention of accidents, which may
cause environmental degradation and evolve remedial measures where accidents occur
e.g. floods, landslides and oil spills.
 Monitor and assess activities, including activities being carried out by relevant lead
agencies, in order to ensure that the environment is not degraded by such activities.
Management objectives must be adhered to and adequate early warning on impending
environmental emergencies is given.
Creating Awareness
Undertake, in cooperation with relevant lead agencies, programs intended
to enhance environmental education and public awareness, about the need for sound
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environmental management, as well as for enlisting public support and encouraging the effort
made by other entities in that regard.
 Publish and disseminate manual codes or guidelines relating to environmental
management and prevention or abatement of environmental degradation.
 Render advice and technical support, where possible, to entities engaged in natural
resources management and environmental protection, so as to enable them to carry out
their responsibilities satisfactorily.
 Prepare and issue an annual report on the State of Environment in Kenya and in this
regard, may direct any lead agency to prepare and submit to it a report on the state of the
sector of the environment under the administration of that lead agency.
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ANNEX 5
KENYA – PLANNING, POLICY AND LEGISLATIVE FRAMEWORK (indicative and not
limiting)
The management of the environment and natural resources in Kenya is governed by various
legislation covering different sectors and issues. The national environment action plan identifies
77 statutes relating to the management and conservation of the environment, most of which
apply to the land and marine coastal environments. As such, many pieces of legislation and
regulations apply to onshore and offshore oil and gas activities / operations.
1. THE CONSTITUTION OF KENYA, 2010
The constitution provides that every person has the right to a clean and healthy environment
(article 42). The state must ensure that the environment and natural resources are conserved and
genetic resources and biological diversity are protected. In that regard, it must eliminate any
processes or activities that could be likely to endanger the environment. Everyone is expected to
cooperate with the state institutions and other people to protect and conserve the environment
and ensure that the use and development of the natural resources are ecologically sustainable
(article 69). These environmental rights are enforceable in a court of law (article 70). Land must
be used in a sustainable manner, in accordance with the principles of sound conservation and
protection of ecological sensitive areas. The state may regulate the use of any land or right over
any land in the interest of land use planning (article 66)
The constitution of Kenya gives recognition to public, community and private land. Land use
regulation goes beyond exploitation merely for economic purposes and lays emphasis on
conservation. It is required that wildlife conservation promotes sustainable development, which
includes both environmental conservation and economic development. Parliament has five years
from the date of promulgation to enact legislation to give full effect to the provisions relating to
the environment. Community land vests in communities identified on the basis of ethnicity,
culture or other similar common interest. Apart from land registered or transferred it consists of
land that is lawfully held, managed or used by specific communities as grazing areas shrines and
ancestral lands (article 60 – 72). The state is generally mandated to regulate the use of any land in
the public interest. Public land is described as including all minerals and mineral oils, specified
government forests, government game reserves, water catchment areas, national parks,
government animal sanctuaries, specially protected areas, and all rivers, lakes and other water
bodies as defined by law. However, land on which mineral and mineral oil exist is held by the
national government in trust for the Kenyan people (article 62).
2. THE POLICY FRAMEWORK
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2.1.
ENVIRONMENT AND DEVELOPMENT POLICY
The environmental and development policy is outlined in the draft sessional paper no 5 of 1999.
It covers the following environment and development issues: biological diversity, land and land
based resources, atmospheric resources, waste management, management of toxic and
dangerous chemicals, radiation management, environmental health and occupational safety,
human settlement, disaster management, implementation strategies, priorities for action, human
resources development, environmental planning, environmental issues, environmental issues
assessment, environment and land use practices, environment, industry and economic
development, environment research and technology coordination and participation, regional and
international cooperation, and environment management authority.
It outlines the following principles, goals and objectives.
PRINCIPLES
Environmental protection is an integral part of sustainable development.
 The environment and its natural resources can meet the needs of present as well as
those of future generations if used sustainably
 All the people have the right to benefit equally from the use of natural resources as well
as an equal endowment to a clean and healthy environment. Poverty reduction is an
indispensable requirement for sustainable development
 Sustainable development and a higher quality of life can be achieve by reducing or
eliminating unsustainable practices of production and consumption and by promoting
appropriate demographic policies. Endogenous capacity building is essential for
development adaptation, diffusion and transfer of technologies for sustainable
development
 Indigenous traditional knowledge and calls are vital in environmental management and
sustainable development
 Effective public participation is enhanced by access to information concerning the
environment and the opportunity to participate in decision making processes
 Public participation including women and youth is essential in proper environmental
management
 For sustainable management the polluter pays principle should apply
 Access to judicial and administrative proceedings including readiness and remedy is
essential to environmental conservation and management
 Private sector participation in environmental management is essential for sustainable
development
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Effective measures should be taken to prevent any threads of damage to the
environment, notwithstanding lack of full scientific certainty
Peace, security, development, and environmental protection are interdependent and
indivisible
International cooperation and collaboration is essential in the management of
environmental resources shared by two or more states
OVERALL GOAL
The Overall Goal Is To Integrate Environmental Concerns Into The National Planning And
Management Processes And Provide Guidelines For Environmentally Sustainable
Development
SPECIFIC GOALS
 To incorporate environmental management and economic development as
integral aspects of the process of sustainable development
 To promote maintenance of a quality environment that permits a life of dignity
and well being for all
 To encourage sustainable use of resources and ecosystems for the benefit of the
present generation while ensuring their potential to meet the needs of future
generations
 To promote maintenance of ecosystems and ecological processes essential for the
functioning of the biosphere
 To promote preservation of genetic resources, biological diversity, their cultural
values and their natural heritage, and
 To incorporate indigenous knowledge, skills and interests for effective
participation of local communities in environmental management and sustainable
development
OBJECTIVES
 To conserve and manage the natural resources of Kenya including all water,
land, flora and fauna
 To promote environmental conservation with regard to soil fertility and
conservation, biodiversity and to foster reforestation activities
 To enhance public awareness and appreciation of the essential languages
between development and environment
 To initiate and encourage well-coordinated programs of environmental
education and training at all levels of society
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To involve NGOs, private sector, and local communities in the management of
natural resources and their living environment
To support a coordinated approach to policy formulation on environmental
matters
To ensure development policies programs and projects take environmental
considerations into account
To ensure that an acceptable environmental impact assessment report is
undertaken for all public and private projects and programs
To develop and enforce environmental standards
To enhance, review regularly, harmonize, implement and enforce laws for the
management, sustainable utilization, and conservation of the natural resources
To provide economic and financial incentives for sustainable utilization,
conservation, and management of natural resources
To apply market forces, taxation, and other economic instruments, including
incentives and sanctions to protect the environment and influence attitudes
and behaviors towards the environment
To ensure adherence to the polluter pays principle, and
To develop adequate national laws regarding liability and compensation for the
victims of pollution and other environmental damage
2.2. NATIONAL POLICY ON WATER RESOURCES MANAGEMENT AND DEVELOPMENT
(SEASONAL PAPER NO.1 OF 1999)
The management of water resources in Kenya is guided by four specific policy objectives, namely:
 Preserve, conserve, and protect available water resources and allocate it in a sustainable
rational and economic way
 Supply water of good quality in sufficient quantities to met the various water needs,
including poverty alleviation, while ensuring the safe disposal of wastewater and
environmental protection
 Establish an efficient and effective institutional framework to achieve a systematic
development and management of the water sector, and
 Develop a sound and sustainable financing system for effective water resources
management, water supply and sanitation development
2.3.
ENERGY POLICY (SESSIONAL PAPER NO.4 OF 2004)
The broad objective of the national energy policy is to ensure adequate quality, cost effective,
and affordable supply of energy to meet development needs while protecting and conserving the
environment. The specific objectives are to:
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2.4.
Provide sustainable quality energy services for development
Utilize energy as a tool to accelerate economic empowerment for urban and rural
development
Improve access to affordable energy services
Provide an enabling environment for the provision of energy services
Enhance security of supply
Promote development of indigenous energy resources, and
Promote energy efficiency and conservation as well as prudent environmental, health and
safety practices
LAND POLICY (SESSIONAL PAPER NO. 3 OF 2009)
The overall object of the national land policy is to secure land rights and provide for sustainable
growth, investment, and the reduction of poverty in line with the governments overall
development objectives. Specifically, it seeks to develop a framework of policies of laws designed
to ensure the maintenance of a system of land administration and management that will provide
all citizens with
 The opportunity to access and beneficially occupy and use land
 And economically, socially equitable and environmentally sustainable allocation and use
of land
 Effective and economical operation of the land market
 Efficient use of land and land based resources, and
 Efficient and transparent land dispute resolution mechanisms
2.5.
MINING POLICY
The national mineral resources and mining policy is currently at an advanced stage of being
adopted. In tandem with this process, the government has developed new mining legislation
(currently the mining and minerals 2011) to replace the mining act cap.306 of 1940, which is both
antiquated and ineffective. Under the new mining legislation rights and interests in minerals of all
lands, including commonly found minerals, will be regulated. The proposed new mining
legislation has been harmonized with existing environmental legislation. In particular, mining
companies will be required to comply with the requirements of the environmental management
and coordination act and other applicable environmental legislation and the new legislation will
provide that mining licenses may not be granted unless the applicant has obtained an
environmental and social impact assessment (ESIA) license.
2.6.
HEALTH POLICY
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The Kenya health policy framework (1994) sets out the policy agenda for the health sector up to
the year 2010, so this is likely to be reviewed in the near future. The policy includes a
strengthening of the central public policy role of the ministry of health (MOH), adoption of an
explicit strategy to reduce the burden of disease, and definition of an essential cost-effective
healthcare package. To operationalize the health policy framework paper the national health
sector strategic plan (NHSSP, 1999-2004) was developed in 1994. The strategic plan emphasized
the centralization of healthcare delivery through redistribution of health services to rural areas.
The plan is currently being revised to reflect the poverty reduction strategic paper (2001-2004)
agenda. The new plan focuses on the essential key priority packages based on the burden of
disease and the required support systems to deliver these services to the Kenyans. The ensuing
NHSSP ii (2005-2010) was intended to keep people well and to promote the involvement of
communities in their own healthcare. Major players in the health sector include the government
represented by the ministry of health and the local government, private sector, and nongovernmental (NGOs). The organization of Kenya’s healthcare delivery system revolves around
three levels, namely the MOH headquarters, the provinces and the districts. The headquarters
sets policies, coordinates the activities of NGOs, and manages, monitors and evaluates policy
formulation and implementation. The provincial tier acts as an intermediary between the central
ministry and the districts. It oversees the implementation of health policies at the district level,
maintains quality standards, and coordinates and controls all district health activities. In addition,
it monitors and supervises district health management boards (DHMBs), which supervises the
operations of health activities at the district level.
3. ECONOMIC RECOVERY FOR WEALTH AND EMPLOYMENT CREATION STRATEGY
The overall goal of the strategy is to ensure clear improvement in the social and economic well
being of all Kenyans; thereby giving Kenyans a better deal in their lives, and in their struggle to
build a modern and prosperous nation (2006). The key areas covered in the strategy are
 Expanding and improving infrastructure
 Reforms in trade and industry
 Reforms in forestry
 Affordable shelter and housing
 Developing arid and semi-arid lands, and
 Safeguarding environment and natural resources
The strategy which has commanded a great deal of attention in recent years, essentially
subsumes the poverty reduction strategy paper (PRSP).
4. KENYA VISION 2030
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Kenya vision 2030 was launched on October 30, 2006 and is the country´s new development plan
for the period 2006 -2030. It seeks to transform Kenya into an industrialized “middle income
country providing a high quality of life to its citizens by the year 2030”.
Vision 2030 is based on three pillars: the economic, the social, and the political. The adoption of
the vision follows the successful implementation of the economic recovery strategy for wealth
and employment creation (ERS) launched in 2002. The vision is to be implemented in successive
five- year medium-term plans with the first such plan covering the period 2006-2012.
The economic, social and political pillars of Kenya vision 2030 are anchored on macroeconomic
stability, continuity on government reforms, enhanced equity and wealth creation opportunities
for the poor, infrastructure, energy, science, technology and innovation, land reforms, human
resources development, security, as well as public sector reforms.
THE FOUNDATIONS FOR THE VISION ARE:
 MACROECONOMIC STABILITY FOR LONG TERM DEVELOPMENT
The vision places the highest premium on Kenya’s current stable macroeconomic
environment which works in favor of the poor and expects it to continue in the future as
a matter of policy. The projects proposed under vision 2030 will be subjected to the
parameters set under the macroeconomic stability framework.
 CONTINUITY IN GOVERNANCE REFORMS
These will be accelerated in order to create a more conductive environment for doing
business and also to enable Kenyans to fully enjoy their individual rights under the
constitution. Towards this end, the government will intensify the anticorruption
programs through more efficient investigation and prosecution, eliminating bribery in
the public service and increasing public education and judicial and legal reform. The
government will also fully support the people of Kenya parliament, civil society and the
press, recognizing that they are the ultimate defense against abuse of office.
 INFRASTRUCTURE
The vision aspires for a country firmly interconnected through a network of roads,
railways, ports, airports, water and sanitation facilities, and telecommunications. This is a
high priority issue.
 ENHANCED EQUITY AND HEALTH-CREATION OPPORTUNITIES FOR THE POOR
The vision includes equity as a recurrent principle in economic, social and political
programs. Special attention has been given to arid and semi-arid districts, communities
with high indexes of poverty, the unemployed youth, women, and all vulnerable groups.
 SCIENCE, TECHNOLOGY AND INNOVATION (STI)
The government will intensify the application of STI to increase productivity and
efficiency levels across all three pillars. It recognizes the critical role played by research
end development in accelerating development in the emerging nations. The government
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will create and implement an STI policy framework to support vision 2030
LAND REFORMS
Land is a vital resource for the socio-economic and political developments set out in the
vision. It is recognized that respect for property rights to land, whether owned by
individuals, communities or companies, is key to rapid economic growth (a national land
use policy has now been created to enable this growth) (section 4.2.4)
HUMAN RESOURCES DEVELOPMENT
Kenya will create a globally competitive and adaptive human resource base to meet the
needs of a rapidly industrializing economy through training and education, raising labor
productivity to international levels, creating a human resource data base to facilitate
better planning and establish more training institutions.
SECURITY
The government will increase security in order to lower the cost of doing business and
provide Kenyans with a more secure environment to live and work in. The strategies will
include improving community policing, reducing the police-to-population ratio and
adopting information and communication technology in crime detection and prevention.
These measures will be supported by judicial reforms.
ENERGY
Since development projects recommended under vision 2030 will increase demand on
Kenya energy supply, she must generate more energy at a lower cost, and increase
efficiency in energy consumption. The government is committed to continue institutional
reforms in the energy sector, including a strong regulatory framework, and will
encourage more power generation by the private sector. New sources of energy will be
found through the exploitation of geothermal power, coal and renewable energy
sources.
THE PUBLIC SECTOR
An efficient, motivated and well-trained public service is expected to be one of the major
foundations of the vision. Kenya intends to build a public service that is more citizenfocus and results-oriented. The government will intensify efforts to bring about
additional changes in public service that value transparency and accountability to the
citizens of Kenya.
5. THE ENVIRONMENTAL MANAGEMENT AND COORDINATION ACT, 1999
The environmental management and coordination act, 1999 provides for the establishment of an
appropriate legal and institutional framework for the purpose of managing the environment and
matters connected with it. The National Environment Management Authority (NEMA, the
authority) is established under section 7 of the act. Its mandate is to monitor the operation of
industries, projects, or activities to determine their immediate and long-term effects on the
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environment. Oil and gas activities fall within the ambit of the act therefore are subject to its
provisions.
The act (part viii) lays down provisions pertaining to environmental quality standards. It
establishes standards and enforcement review committees whose broad functions are to (1)
advise the authority on how to enhance criteria and procedures to measure water and air quality,
and (2) issue standards and guidelines for the safe and proper disposal of waste (70, 71, 78, 80).
When Kenya is a party to an international convention usually an agreement on the management
of the environment, the authority must initiate legislative proposals to give effect to them
(section 124). The authority may prescribe measures to ensure the biological resources in place
are reserved, issue guidelines to promote the conservation of the various terrestrial and aquatic
systems, and protect species, ecosystems, and habitats threatened with extinction.
5.1.
THE EIA GUIDELINES AND ADMINISTRATIVE PROCEDURES
The environmental impact assessment and administrative procedures arose from the policy
framework and the legislative and regulatory (the environmental management and coordination
act, 1999, and its regulations) procedures in order to assist in the integration of environmental
concerns in economic development so as to foster sustainable development. The document sets
out guidelines for carrying out environmental impact assessment, environmental audit and
monitoring, strategic environmental assessment, and dealing with issues of transboundary,
regional, and international conventions, treaties, and agreements. It sets out the procedure in
environmental impact assessment studies and environmental audits as well as the contents and
format of the reports required to be submitted to the National Environmental Management
Authority (NEMA) for consideration. The environmental impact assessment study review process
and decision-making are also explained. The guidelines are mainly intended to assist project
proponents, EIA practitioners, lead agencies, and members of the public to understand the
process and the basis on which decisions are made.
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