Terms of Reference for Assessment of the Environment & Natural Resources Sector in Kenya

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1 Terms of Reference for Assessment of the Environment & Natural Resources Sector in Kenya REF.NO: ACT/ESS/08/ Background Act Change Transform (Act!) is a leading Kenyan Non-Governmental Organization implementing an Environment and Natural Resources Management Programme in Kenya that is supported by the Government of Sweden and the UK Government. Act! s mission is to facilitate the empowerment of marginalized people and communities to become active participants in their development by enabling them to: stand up for their rights; demand good governance in the management of resources; and participate in decision making processes. Act! Focuses on four thematic platforms: Environment and Natural Resource Management (ENRM), Democracy and Human Rights, Peace Building and Conflict Transformation and Livelihoods. The Changieni Rasili Mali (CRM) Facility is anchored within the Environment and Natural Resource Programme and is currently in its fifth year of implementation having been started in The Facility seeks to complement and support the already on-going cooperation with the Government of Kenya in the natural resources sector and contribute to the achievement of the objectives in Kenya s Vision 2030, Kenya s constitution 2010, the Swedish strategy for cooperation with Kenya, as well as United Kingdom s development strategy for Kenya. CRM Facility has issued grants to non-state agencies (NSAs), ranging from community based organizations, self-help groups, women groups, non-governmental organizations (NGOs), private sector organizations, networks and faith based organizations spread in the 42 counties across Kenya. The goal of CRM facility is to improve participation of citizens, including the poor, in the governance and sustainable utilization of natural resources in Kenya. More specifically, the programme seeks to achieve the following specific objectives by the end of the four years: 1. To improve organizational capacity of non-state actors to deliver their mandates in environment and natural resources sector. 2. To improve participation of citizens and marginalized groups in governance, management and utilization of natural resources. 3. To improve policy and legislative environment for sustainable natural resources management at national and decentralized governance structures. The key thematic areas under which the projects were funded include Climate change, Energy Environment, Agriculture, Land and Water. The consultancy assignment is commissioned by Act Change Transform (Act!), and seeks to engage services of competent consultant to come up with a context analysis in the ENRM sector and its link to community livelihoods and inform the development of second phase of the CRM Facility. 1

2 Objectives of the Study The Assessment of the Environment & Natural Resources Sector in Kenya seeks to bring an element of objectivity to the evaluation of different options and to encourage more open decentralized and transparent decision making in the area of natural resource management by engaging key stakeholders in general and Non State Actors in particular to identify opportunities for enhancing environmental and social outcomes through advocacy, capacity building, improvement of participatory governance and increased participation of citizens in policy formulation and management of natural resources in Kenya. The specific objectives are: i. To identify the reform gaps in the management of natural resources that are not being addressed by the existing legislation and institutions where the non-state actors could make a contribution through advocacy, citizen s engagement, awareness and education. ii. To gather information that will proactively inform the governance and management of natural resources in the devolved system of government including the county level. iii. To identify and make recommendations on the increasing role, rights, decision making and capacity required by citizens at the local level on the environment and natural resource sectors. iv. Research on new energy technologies, especially innovations by International Companies especially those based in Sweden for linkages with our Energy partners in CRM phase II. v. Identification of emerging trends and key actors in the Natural Resources Management sectors especially in the CRM Facility area of focus namely, Energy, Climate Change, Agriculture, Environment, Water and Land, stating key interventions required to transform the sectors to match the trends. 1. Methodology a) Scoping and Screening This should involve assessment of the governance, social benefits and policies that influence the trends and outcomes in Climate change, Energy, Environment, Agriculture, Land and Water sectors development and related impacts and necessary policy interventions. i. This will entail the identification of the stakeholders that need to be approached and the environmental and social considerations that need to be taken into account. ii. Rapid assessment of the political economy and systematic review of the roles of different actors with a special focus on the influence of civil society especially those categorized as Non State Actors. This can be achieved through a thorough understanding of stakeholders, their concerns and interests in the areas of land water and agriculture at the same time identify the NSAs who are movers and shakers to advocate for the required change at the policy and delivery levels. b) Situation Assessment The situation assessment report should provide a baseline description of the governance, institutional, economic and social environmental factors that need to be taken into account in the implementation of the Non State Actor s Natural Resources management facility. The assessment should further provide the evidence on which to base the 2

3 findings and recommendations for implementation of the varied projects that will be proposed from the Call for Proposal (CfPs). i. On governance and Institutional assessment, the analysis should further bring out issues in terms of formal and informal practices and how these are likely to support or hinder reforms in the NRM sector. The analysis should also include documented evidence of roles and attitudes of different public bodies and historic failures of accountability, transparency, and corruption. ii. On finance and economic assessment the Study should examine reasons for the previous situation in the relationship Climate change, Energy Environment, Agriculture, Land and Water versus the management of natural resources with special regard to livelihood support and access to those resources. iii. On environmental assessment, the study should establish whether policies, rules and regulations are applied universally across the country and whether these need to be adopted at the county level. Also establish the environmental impacts as a result of current land use and land tenure system, agricultural practice and water supply system at the national and local levels. In addition, environmental mitigation measures and any residual negative impacts that cannot be mitigated should be identified, making recommendations for opportunities for environmental enhancement. iv. Identify current and potential climate change impacts and their direct or indirect influence in the conservation and utilization of natural resources and make recommendations on possible actions through mitigation and or adaptation. v. Social Assessment should assess the social context in which the new constitution will apply with respect to Climate change, Energy Environment, Agriculture, Land and Water.and the likely social outcomes and impacts to natural resources. This assessment should ensure inclusivity and the impact of local attitudes to the state of affairs in the natural resources sector. An important step with regard to social assessment include defining and understanding the social groups that will be involved in or affected by project activities including their economic activities, land tenure, land use, agricultural production, markets and water access and use. c) Setting Priorities and alternatives The Study should explore alternative approaches to policies, plan and programs in order to create an informed platform for NRM advocacy. Where needed and practical, meetings will be held to create dialogue between stakeholders on key NRM and advocacy issues, to bring together findings from various assessments, agree on priority actions for NSAs and to develop a policy checklist. The output for the meetings will be a policy action plan (advocacy strategy) to guide the NSAs in the implementation of their proposed actions. 2. Activities i. Develop and submit a detailed and time framed work plan for the Study activities complete with organization and methodology. ii. Document the trends in natural resources management in Kenya and the impact of policy and governance to those trends with a focus on Climate change, Energy, Environment, Agriculture, Land and Water. iii. Conduct research on new energy technologies, especially innovations by International Companies, especially those from Sweden for linkages with our Energy partners in CRM phase II, iv. Describe, analyze and critique the pertinent legislation, regulation, standards and policies that are relevant and applicable to the management of natural resources, agricultural practice and extension land use & land tenure and water conservation, supply and use, and climate change. 3

4 v. Relate the implementation of the new constitution of Kenya to Natural resources and governance, the role of devolved government and increased participation of citizens in decision-making. vi. Conduct the study according to the guidelines provided and within the standard and acceptable professional standards and document the assessment report. vii. Carry out public consultations on the CRM phase II proposal particularly with government institutions and NSAs. Develop and submit a detailed and time framed work plan for the SEA activities complete with organization and methodology. 3. Outputs/Deliverables i. Work Plan for the study to carry out the Strategic Environmental Assessment study ii. A Scoping Report inclusive of the Desk reviews on the current policy, institutional and NRM trends in Kenya iii. Findings of research on new energy technologies, especially innovations by International Companies, especially those from Sweden for linkages with our Energy partners in CRM phase II. iv. Approval by NEMA for the Scoping Report v. Proceedings report/s of all Public Consultations vi. Concise field visits reports vii. Two workshop reports Stakeholder s Dialogue and Final Validation workshop viii. First Draft report for Assessment of the Environment & Natural Resources Sector in Kenya ix. Final Study Report for Assessment of the Environment & Natural Resources Sector in Kenya The final study Report should include Policy recommendations that will set out timescales, milestones and responsibilities for action in the areas of Climate change, Energy, Environment, Agriculture, Land and Water as these sectors have been identified as key drivers of change in both policy and impacts to natural resources in Kenya. The analytical report should not be more than 50 pages excluding annexes. All other materials should be submitted as annexes to the main report. The main report should be structured as follows: i. The title of the report ii. Executive Summary iii. Background policy and national situation on NRM iv. The objectives of the Strategic Environmental study v. The relationship with other relevant plans, programmes with environmental protection objectives vi. The environmental characteristics and baseline situation within the study vii. A summary of the potential significant impacts of a proposed programme viii. Potential opportunities to promote or enhance environmental conditions ix. New energy technologies, especially innovations by Swedish energy Companies for linkages with our Energy partners in CRM phase II. x. Recommendations for mitigating likely significant impacts from the NSA-NRM Programme and alternative programme options within the context of the existing policy and new Constitution of Kenya xi. A justification for the considered alternatives and policy options xii. A description of how to monitor the programme within the context of Study objectives. 4

5 4. Time frame The consultancy is expected to take a maximum of 15 days upon selection of the successful consultant/firm. This includes the preparatory phase, data collection and report writing. The final deliverables should reach Act! within the agreed timeline 5. Qualifications The Consultancy firm team should have Advanced degrees in the ENRM related fields, including not less than 10 years experience in conducting ENRM related studies and EIAs in Kenya. 6. Selection Procedure Qualified consultant or consultancy firms are required to submit; A five-page proposal to Act! interpreting the terms of reference and elaborating the consultancy methodology and design, level of effort required to fully deliver the assignment, and with a work plan and budget for undertaking the assignment with separate Itemized costs under: (a) Professional fee per day, (b) logistical costs e.g. vehicle hire, research assistants, accommodation costs etc. per day. Brief overview of consultant/consultancy firm and the skills and experience they would bring to assignment CV of consultant or CVs of team members maximum 3 pages or a Company/firm profile. Contact details of three referees from organizations that have recently contracted the consultant/s to perform similar or related work for the last 2-3 years. Sample report of the consultancy work. All proposals should be submitted electronically (in PDF format) to quoting the reference number ACT/ESS/08/2015 on the subject line not later than 5 pm Wednesday, 9 th September The bestqualified consultant(s) at the most reasonable cost will be selected and a contract issued for the assignment. All materials developed are to be considered the property of Act! and may not cited or reproduced under any circumstances 5

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