Post on 06-Aug-2020
REPUBLIC OF KENYA
MINISTRY OF AGRICULTURE, LIVESTOCK, FISHERIES &
IRRIGATION (MoALFI)
STATE DEPARTMENT FOR FISHERIES, AQUACULTURE & BLUE
ECONOMY (SDFA-BE)
FINAL DRAFT PROCESS FRAMEWORK
KENYA MARINE FISHERIES SOCIO-ECONMIC DEVELOPMENT
PROJECT (KEMFSED)
JUNE 2019
PROCESS FRAMEWORK
KENYA MARINE FISHERIES SOCIO-ECONMIC DEVELOPMENT PROJECT (KEMFSED)
Prepared by
IN JOINT VENTURE WITH
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Kenya Marine Fisheries and Socio-Economic Development (KEMFSED) Project iii
Table of Contents Acronyms and Abbreviations ........................................................................................................................ i
Definitions.................................................................................................................................................... iii
1. INTRODUCTION ................................................................................................................................ 1
1.1 Kenya Marine Fisheries and Socio-Economic Development (KEMFSED) Project ..................... 1
1.2 Project Components ...................................................................................................................... 3
1.3 Project Activities ........................................................................................................................... 7
1.4 Objectives ..................................................................................................................................... 7
1.5 Justification for the PF .................................................................................................................. 9
1.5.1 Elements of a PF ........................................................................................................................... 9
1.6 World Bank Operational Policies Triggered ............................................................................... 11
1.7 Policy Application and Implementation ..................................................................................... 13
2. COMMUNITY PARTICIPATION IN PROJECT IMPLEMENTATION ......................................... 14
2.1 Plan of Action ............................................................................................................................. 14
2.2 Approach to Community Engagement ........................................................................................ 15
2.3 Building Community Awareness ................................................................................................ 16
2.4 Implementation Sequence of Project Activities .......................................................................... 17
2.5 Representation of Affected Communities ................................................................................... 18
3. IDENTIFICATION AND ELIGIBILITY OF DISPLACED PERSONS ........................................... 19
3.1 Establishing Impacts on Local Communities .............................................................................. 19
3.1.1 Community Consultations ................................................................................................... 20
3.1.2 Collaboration with Representative Organizations .............................................................. 20
3.2 Establishing Criteria for Eligibility ............................................................................................. 21
3.3 Considerations for Vulnerable Groups ....................................................................................... 22
4. LIVELIHOODS RESTORATION AND FACILITATION ............................................................... 23
4.1 Community Mobilization and Livelihood Restoration ............................................................... 23
4.2 Skills Training to Facilitate Transition to Alternative Livelihoods ............................................ 25
4.3 Community Financing Procedures .............................................................................................. 25
4.3.1 Eligible Applicants .............................................................................................................. 26
4.3.2 Sub-projects Approval Process ........................................................................................... 26
4.3.3 Eligibility Criteria ............................................................................................................... 27
4.4 Employment in Project Activities ............................................................................................... 28
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4.4.3 Employment Opportunities ................................................................................................. 28
6.3.4 Notice of Vacancies ............................................................................................................. 28
6.3.5 Hiring Process .................................................................................................................... 28
6.4 Gender and other Social Factors ................................................................................................. 28
6.4.1 Gender-sensitive Participation ........................................................................................... 28
4.3.3 Vulnerable and Marginalized Groups (VMGs) ................................................................... 29
4.4.4 Civil Society Organizations ................................................................................................ 29
5 IMPLEMENTATION ARRANGEMENTS ....................................................................................... 31
5.3 Process Framework Implementation Responsibilities ................................................................ 31
5.4 Technical Coordination ............................................................................................................... 31
5.5 Grants Coordination for Alternative Livelihoods ....................................................................... 32
5.6 Key Implementation Partners ...................................................................................................... 32
6 GRIEVANCE REDRESS MECHANISM .......................................................................................... 33
6.3 Purpose ........................................................................................................................................ 33
6.4 Principles of GRM ...................................................................................................................... 34
6.5 Definition and Types of Grievance ............................................................................................. 35
6.6 Grievance Redress Guidelines .................................................................................................... 36
6.7 Grievance Procedures ................................................................................................................. 37
6.8 Implementing the GRM .............................................................................................................. 39
7 MONITORING AND EVALUATION OF PROCESS FRAMEWORK ........................................... 40
7.3 Purpose and Scope of Process M & E ......................................................................................... 40
7.4 Approach and Data Sources ........................................................................................................ 40
7.5 Information Management ............................................................................................................ 40
7.6 Information Management ............................................................................................................ 41
7.7 Reporting and Information Dissemination .................................................................................. 42
8 PUBLIC CONSULTATION AND DISCLOSURE ........................................................................... 43
8.3 Stakeholder Consultations and Disclosure .................................................................................. 43
ANNEXES .................................................................................................................................................. 44
Annex 1: List of Participants at consultation sessions ............................................................................ 44
Annex 2: Map of KEMFSED Project area in Kilifi ................................................................................ 54
Annex 3: Map of KEMFSED Project area in Mombasa ......................................................................... 55
Annex 4: Map of KEMFSED Project area in Tana River ....................................................................... 56
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Annex 5: Map of KEMFSED Project area in Lamu ............................................................................... 57
Annex 6: Map of KEMFSED Project area in Kwale .............................................................................. 58
Annex 7: Minutes of Disclosure Workshop ................................................................................................ 59
List of Tables
Table 1: WB Policies Triggered.................................................................................................................. 11
List of Figures
Figure 1: Project Beneficiary Counties ......................................................................................................... 2
Figure 2: KEMFSED Project Theory of Change .......................................................................................... 3
Figure 3: GRM Framework ........................................................................................................................ 37
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Acronyms and Abbreviations AIGAs Alternative Income Generating Activities
AFIPEK Association of Fish Processors and Exporters in Kenya
BMU Beach Managements Units
CBOs Community-Based Organizations
CDF Constituency Development Fund
CDDO Community-Driven Development Organizations
CPSC County Project Steering Committee
CPCU County Project Coordinating Unit
CMA Co-Management Area
CoK Constitution of Kenya
CTAC County Technical Advisory Committee
DS Development Service
DPs Displaced Persons
EEZ Exclusive Economic Zone
ESIA Environmental Social Impact Assessment
ESMF Environmental and Social Management Framework
FAO Food and Agriculture Organization of the United Nations
FIPs Fishery Improvements Plans
FIMS Fishery Information and Monitoring System
FMPs Fishery Management Plans
GoK Government of Kenya
IDA International Development Association
ILF Inter-community Learning Forum
IPF Investment Project Financing
IUU Illegal, Unreported, and Unregulated
JCMAs Joint Co-Management Areas
KAPAP Kenya Agricultural Productivity and Agribusiness Project
KCDP Kenya Coastal Development Project
KCSAP Kenya Climate Smart Agriculture Project
KeFS Kenya Fisheries Service
KEMSFED Kenya Marine Fisheries and Socio-Economic Development
KMFRI Kenya Marine Fisheries Research Institute
MoALFI Ministry of Agriculture, Livestock, Fisheries and Irrigation
M&E Monitoring and Evaluation
MPA Marine Protected Areas
MMAs Marine Management Areas
NGO Non-government Organization
GRM Grievance Redress Mechanism
NCBMU Network of Coastal Beach Management Unit
NPSC National Project Steering Committee
NPCU National Project Coordinating Unit
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NPIU National Project Implementation Unit
OP Operational Policy
PCU Project Coordination Unit
PF Process Framework
PDO Project Development Objectives
PIU Project Implementation Units
PTAC Project Technical Advisory Committee
SDFA-ABE State Department for Fisheries, Aquaculture &Blue Economy
SEC Small Ethnic Communities
SMEs Small- and Medium-sized Enterprises
SME-DS Small- and Medium-sized Enterprises Development Service
SDEF State Department for Environment and Forestry
TA Technical Assistance
TVET Technical and Vocational Education
US$ United States of America Dollars
VMGs Vulnerable and Marginalized Groups
VSL Village Savings and Loans
WB World Bank
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Definitions
Affected
Individual:
An individual who suffers loss of assets or investments, land and
property and/or access to natural or economical resources as a result of
the Project.
Affected
Household:
A household, which is affected when one, or more of its members are
affected by the Project or sub-project activities, either by loss of assets or
investments, land or denial of access to resources.
Affected
Community:
A community, which is affected by Project activities in terms of socio-
economic and/or social-cultural relationships or cohesion.
Community
Mitigation Action
Plans:
Community Mitigation Action Plans are developed by affected
communities in order to mitigate adverse impacts resulting from the
implementation of MPAs, CMAs or MMAs. These plans are prepared
further to a consultation process with communities and are focused on
generating alternative livelihood activities.
Marine Protected
Area:
Marine Protected Areas (MPAs) are areas of the marine environment that
are reserved under national, tribal, or local laws or regulations to provide
long-term protection for part or all of the natural and cultural resources
therein. In relation to the Process Framework, the reference to MPAs
includes Marine Management Areas (MMA) and Community
Management Areas (CMAs).
Participation: A process through which stakeholders influence and share control over
development initiatives, decisions and the management of resources
which affect them. Participation can take different forms, ranging from
information-sharing and consultation methods, to mechanisms for
collaboration and empowerment that give stakeholders more influence
and control.
Process
Framework:
The Process Framework is an instrument of the Kenyan Government
prepared in compliance with the World Bank Safeguard Policy on
Involuntary Resettlement (OP4.12). The purpose of the Process
Framework is to clarify operating principles, organizational
arrangements and design criteria to be applied to the implementation of
MPAs, CMAs or MMAs as supported by KEMFSED.
Public
Consultation:
The process of engaging affected people and other interested parties in
open dialogue through which a range of views and concerns can be
expressed in order to inform decision-making and help build consensus.
Replacement
cost:
For agricultural land - it is the pre-project or pre-displacement,
whichever is higher, market value of land of equal productive potential
or use located in the vicinity of the affected land, plus the cost of
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preparing the land to levels similar to those of the affected land, plus the
cost of any registration and transfer taxes.
For land in urban areas - it is the pre-displacement market value of land
of equal size and use, with similar or improved public infrastructure
facilities and services and located in the vicinity of the affected land, plus
the cost of any registration and transfer taxes.
For houses and other structures, it is the market cost of the materials to
build a replacement structure with an area and quality similar to or better
than those of the affected structure, or to repair a partially affected
structure, plus the cost of transporting building materials to the
construction site, plus the cost of any labor and contractors‘ fees, plus the
cost of any registration and transfer taxes. In determining the
replacement cost - depreciation of the asset and the value of salvage
materials are not considered, nor is the value of benefits to be derived
from the project deducted from the valuation of an affected asset. Where
the national law does not meet the standard of compensation at full
replacement cost, compensation under domestic law is supplemented by
additional measures to meet the replacement cost standard. Such
additional assistance is distinct from resettlement measures provided
under other clauses in OP 4.12, para. 6.
Stakeholders: Stakeholders are those affected by the outcomes (negatively or
positively) or those who can affect the outcome of a proposed
intervention (primary and secondary stakeholders – direct and indirect
respectively). Stakeholders can include borrowers; directly affected
groups including the poor and disadvantaged; indirectly affected groups
such as NGOs and private sector organizations; and the World Bank
management staff, and shareholders.
Sub-Projects: Sub-projects are initiatives undertaken as supported by the Component 2:
(Enable Sustainable Investment in Marine Fisheries and Mariculture) of
KEMFSED, as implemented through State Department for Fisheries.
Sub-projects are aimed at supporting income generation within coastal
communities. Initiatives may include the demand of technical, physical
or social services, including alternative income generating activities
(AIGAs). Sub-projects are important in relation to the Process
Framework because they are an important means to mitigate negative
impacts on affected individuals due to the implementation of MPAs,
CMAs or MMAs.
Vulnerable
Persons:
Vulnerable persons are those characterized by higher risk and reduced
ability to cope with change or negative impacts. This may be based on
socio-economic condition, gender, age, disability, ethnicity, or criteria
that influence people‘s ability to access resources and development
opportunities. Vulnerable persons in relation to the Process Framework
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will include the elderly, orphans, people with disabilities, HIV/AIDS
affected or infected, widows, widowers, people suffering from serious
illness, and women and children at risk of being dispossessed of their
productive assets, land, or access to resources.
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Background
1. Kenya Marine Fisheries and Socio-Economic Development Project (KEMFSED) aims to
attain economic benefits from the coastal and marine resource. The Project Development
Objective is to improve management and increase value addition of priority fisheries and
aquaculture, and to strengthen access to livelihoods for coastal communities in Kenya. The
project will be implemented by the Government of Kenya (GoK) through the State
Department for Fisheries, Aquaculture and the Blue Economy (SDFA&BE) in support by the
World Bank. The coastal and marine space on which a blue economy is potentially founded
contains a myriad of different uses, some currently destructive or unsustainable, while others
are renewable, some mutually exclusive and others compatible.
Project Geographic Scope
2. The KEMFSED Project will cover five (5) counties along the Coast that touch the shores of
Indian Ocean. These counties have been selected to be beneficiaries for the project namely
Kwale, Mombasa, Kilifi, Tana River and Lamu.
Objectives of Process Framework
3. The PF will serve as a guide through which activities and procedures related to KEMFSED
can be enhanced to incorporate the interests and needs of coastal community members and
affected stakeholders. It addresses the integral participation of people who may be affected
when decisions are taken to restrict access to natural resources in coastal areas along the
Kenyan coast in the project area. The purpose of the PF is to ensure that coastal areas are
both effectively managed for conservation of natural and cultural resources and, at the same
time, to ensure that affected people have a meaningful role in those decisions and in deciding
on and implementing alternatives to restore or improve livelihoods and incomes affected by
those decisions. The goal is to ensure that no one is worse off as a result of the Project.
4. According to OP 4.12, the purpose of the process framework is to establish a process by
which members of potentially affected communities participate in design of project
components, determination of measures necessary to achieve resettlement policy objectives,
and implementation and monitoring of relevant project activities (see OP 4.12, paras. 7 and
31). Specifically, the process framework describes participatory processes by which the
project activities will be accomplished.
Justification for the PF
5. This PF is prepared because KEMFSED may cause restrictions in access to natural resources
in legally designated parks and protected areas.
6. World Bank funding for KEMFSED requires that the Project comply with World Bank
Safeguard Policies to ensure that no undue harm is experienced by people and their
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environment as a result of the Project. KEMFSED has been identified as triggering the
World Bank‘s Safeguard Policy on Involuntary Resettlement (OP/BP 4.12) as a result of
activities under Component 1,2 &3.
7. These components will involve support for the implementation of KEMFSED project that
will, in turn, affect coastal resource use, Marine Protected Areas and may lead to a ―loss of
assets or access to assets‖ for local households. In this case, triggering the Safeguard Policy
on Involuntary Resettlement (OP/BP 4.12) requires the development of a PF, which will
serve as a guide to help ensure participation of affected people in the design of project
activities and to ensure affected communities have an opportunity to improve or at least
restore their incomes and standards of living after displacement.
8. Given that involuntary resettlement and restriction of traditional access to resources in legally
designated parks and protected areas can result in severe social and economic challenges for
local communities, the WB (OP) 4.12 ensures provision of safeguards where the state
restricts access to resources in legally designated parks and protected areas.
community participation in project implementation
9. The overall objective of the KEMFSED is to enhance economic benefits and coastal
livelihoods from marine fisheries and coastal aquaculture while safeguarding associated
ecosystems integrity. In order to achieve this it is necessary to ensure that the activities of the
project are environmentally and socially sound and sustainable, the rights and interests of the
Vulnerable and Marginalized Groups occupying the project area are safeguarded and that the
project activities are in compliance with the various World Bank Safeguard Policies such as
OP 4.01, 4.10, 4.12 and other World Bank Operational Policies that are likely to be triggered
by the implementation of the various project activities. Active support by communities is
therefore vital to achieving more sustainable patterns of resource use and minimizing and
mitigate adverse effects that may result from project activities. To achieve this, engaging
communities and facilitating their participation is therefore a necessary part of the process.
The participation and consultation of local communities that will be affected by the
KEMFSED project will be facilitated throughout the implementation of the project.
Approach to Community Engagement
10. When engaging communities, the following will be adhered to:
a) The VMGs and the other dominant communities with which they co-exist are regarded as
equal beneficiaries of the project and efforts must be made to address the discriminative
nature of their relationship with the neighbouring dominant communities during
KEMFSED project implementation. The views of all the project affected communities
will be equally considered and respected.
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b) Fishers and fishing communities are regarded as equal partners and stakeholders in the
implementation of KEMFSED project activities. Their views will be considered and
respected.
c) It is important not to raise community expectations beyond that which the project is able
to deliver. The project will ensure that the scope of the implementation of the various
project activities and expected outcomes are properly communicated to the communities.
d) The coastal communities are a diverse group with different cultural beliefs and practices,
different levels of attachment to natural resources, different levels of education and
engage in different income generating activities. They also have different gender roles
which may variably affect their participation in the project.
e) The community members must be appropriately consulted during the design, planning,
implementation and monitoring and evaluation of the project activities. Although they
may not have the technical capacity to participate in the project activities, their traditional
knowledge will be incorporated in the overall design.
f) It is recognized that engaging local communities is a time-consuming process and that it
requires persistence and consistency.
Representation of Affected Communities
11. While consultations will take place to ensure community participation in developing
management and establishing new boundaries for the fisheries activities, it equally important
to ensure that community members have continuous engagement with the project at the
leadership level. Community members will be asked to become involved as members of
advisory committees for each of the targeted fishing landing sites and ports. Where these
already exist, they will be strengthened by ensuring that community members are equally
represented and that those committees‘ function according to their terms of references. This
platform will provide a space for communities depending on marine and fisheries resources
specially to engage with other stakeholders to advise the planning process but also space for
the implementation of other project activities and even longer-term engagement in the
sustainable utilization and conservation of the marine resources and maintenance of coastal
ecosystem integrity. Additionally, elected representatives of the local communities including
the VMGs will be proportionately represented in the project steering committee which will
have oversight responsibility for the project at the county and community level.
Identification and Eligibility of Displaced Persons
12. Defining Displaced Persons as per the World Bank‘s OP 4.12, the term ―displaced persons‖
is synonymous with ―project-affected persons‖ and is not limited to those subjected to
physical displacement. It must be noted however that project activities will not result in
physical relocation of persons or communities. Displaced persons are therefore defined as
those persons who are affected in any of the ways described in paragraph 3b of OP 4.12. The
term connotes all those persons who lose ―access to legally designated parks and protected
areas resulting in adverse impacts on their livelihoods.‖ It is important to note that not every
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fisher will automatically be eligible for livelihood support under the project as loss of access
as a result of restrictions carried out under the project must be demonstrated.
Establishing Impacts on Local Communities
13. While the project is expected to affect the livelihoods of local community members through
restrictions to resources for instance controlled illegal, over-fishing, or unreported fishing as
well displacements during the expansion of the fish landing sites and fishing ports, the
introduction of new rules and regulations in beach managements or reinforcing of existing
rules and regulations, specific impacts to different segments of the population such as
women, VMGs, among others will not necessarily be fully known until the implementation
of project activities begin. In order to adequately determine those impacts, it will be
necessary to collaborate with community members, fishers and their representative
organizations to identify those who are being directly affected and determine the ways in
which the effects are being experienced and mechanisms of mitigation. This will be done by
engaging communities through various means. For instance, modernization of the Shimoni
fishing port could cause restrictions on movements from the Wasini and Mukwiro Islands to
the mainland in Kwale county and small boat operators are likely to lose income due to the
expansion of the fishing port and the new rules and regulations including the introduction of
modern boats both for tourism activities and the movements of locals. Furthermore, the
expansion and modernization of the fishing ports is expected to lead to introduction of new
sanitation rules and perhaps new levies that might make it difficult for the mama karanga to
continue operating in such expanded fishing ports leading to a loss of livelihood. In addition,
as identified in the social assessment, controversies could arise where the project activities
encroach on the Mijikenda kaya forests and the sacred sites for the VMGs, leading to delay
or withdrawal of project activities hence negatively affecting the populations that were
initially intended to improve their livelihoods in both Kilifi and Kwale counties. In Lamu, the
insecurity situation and the relationship between the local communities and the Kenya
Defence Forces (KDF) would lead to a negative impact of the project activities to the
communities living in Lamu. Consequently, the Saanye and Aweer are likely to be affected
because of restrictions on their movements and accusations of collaborating or sympathising
with the Al Shabaab terrorists in the Boni and Witu forests.
Community Consultations
14. The foremost space which will allow community members to engage with the project to
identify and assess the significance of adverse impacts will be through the consultations.
These consultations will be carried out to design, plan and implement the various
components of KEMFSED project and to identify the impact of the project both negative and
positive in a community-driven participatory approach. It is very important that
representation of the various segments of the communities and fishers especially, recognize
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the importance of participating in the process. They will be provided with opportunities to be
part of the deliberations regarding how the management and implementation of the various
project activities and sub-activities will be set up. Community consultations will be the most
direct way for community members to participate and provide input into the implementation
of various project activities. During these consultations, communities can begin to identify
those who are likely to be affected based on the implementation of the various project
activities and those who are likely to miss out in the implementation of the project activities
so that the design of the project is reviewed to include all community members of different
ages, sex, disability and other vulnerabilities identified in the communities during these
consultations. There will be ongoing engagement with community members and fishers to
discuss their experience with the new restrictions in order to specifically identify affected
users.
Collaboration with Representative Organizations
15. There is a newly registered fishing cooperative society in Mombasa known as the Indian
Ocean Water body for all the coastal fishing communities. The body coordinates the
activities of a network of Beach Management Units (BMUs) for the Coastal region with an
overall chairman and county network chairmen. There is also a network of Vulnerable and
Marginalized Groups (VMGs) communities in Kilifi for the entire coastal region with county
chairmen and a leadership that extends to village level. The registration of the network of
VMGs at the Kenyan Coast was facilitated by the KCDP. KCDP used this network to prepare
and implement the VMG projects at the Kenyan coast. These representative organizations
will be engaged with a clear gender-based representation for them to assist in identifying the
impacts of the project on their members.
16. When assessing the impacts, the focus primarily will be on individuals, households and
social relations as well as gender differentiated impact, particularly how the implementation
of the project activities is influencing the relationship between men and women. During these
consultations, the project coordinating units will discuss the various ways in which those who
are affected can engage with the project in order to avoid, minimize or mitigate the impacts
being experienced as a result of the project.
Establishing Criteria for Eligibility
17. The National Project Implementation Unit (NPIU) will work primarily with the County
Project Coordination Unit (CPCU) and the identified Community-Driven Development
Organizations, network of Beach Management Units (BMUs) and environmental
conservationists to facilitate the participation of established stakeholder fishing communities
in determining the criteria for assistance eligibility. A working committee with representation
from network of BMUs, VMGs through their respective association or cooperatives and
KEMFSED project implementation units at the national and county levels will be established
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to develop the eligibility criteria for assistance. The criteria developed must be approved by
the National and County Project Steering Committee which also includes various
stakeholders. Those eligible for assistance must be directly affected by the project activities
based on their use and access of the respective fish landing sites and fishing ports.
18. Long standing traditional use of specific areas within the fish landing sites and fishing ports
will be considered when developing the criteria for eligibility.
LIVELIHOODS RESTORATION AND FACILITATION
19. The overall aim of the restorative and mitigation measures is to compensate for and diversify
the livelihoods of the affected users of the marine and fisheries resources who will be
affected by the implementation of KEMFSED project. The Project will support the
development of community-based business ventures (SMEs) under its components 3
activities that can leverage the opportunity cost of fishing and provide an alternative
livelihood opportunity for affected community members. The process of developing SMEs
and alternative livelihood strategies will be participatory and will be underlined by equity
and community driven decision-making.
Community Mobilization and Livelihood Restoration
20. Affected community members will be supported to mobilize themselves in order to identify
viable livelihoods activities in a participatory manner. The approach will help to ensure that
there is equity in the process and that all affected users including vulnerable groups, such as
women, elderly and VMGs, have the opportunity to become involved in and benefit from
alternative livelihoods assistance being provided by the project. Taking this approach will
acknowledge culturally appropriate decision-making patterns while supporting small fishing
communities to develop their capacity to assess their own needs, and design community level
actions and solutions in the future.
Community Financing Procedures
21. Sustainable community-based business ventures designed under the project will be supported
by a sub-grant‘s mechanism. This mechanism will provide financial resources as initial
capital investment to support the start-up of the identified business ventures. The operation of
the sub-grant‘s mechanism will be according to an established process. Given the fact that
livelihoods and displacement support is a restorative and mitigating measure, the grants will
not be competitive but rather targeted to those adversely affected by the implementation of
various project activities under KEMFSED. In the event there are left-over funds, then such
funds will be used to support other community-based projects such as water projects,
conservation of mangrove efforts and protection of identified cultural/sacred sites but the
same process must be followed. The following section outlines the structure of the
mechanism and how it is expected to operate
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Employment Opportunities
22. There will be employment opportunities during the implementation of the project that will be
used to absorb some of the displaced members of the fishing communities especially where
their skills meet the job requirements. Interested and skilled members of the community will
be competitively hired to provide their services during the implementation of the various
project activities. The specific skills required will be determined after the project activities
have been designed and approved.
Gender and other Social Factors
23. Specific emphasis will be placed on gender equity, the participation of indigenous peoples
and civil-society organizations in the design and implementation of the alternative livelihood
activities. During the preparation of the KEMFSED, local communities were consulted to
determine specific activities and target communities to be supported. Women were found to
play an integral role in harvesting marine resources both through their direct productive
involvement (seaweed farming) and social reproductive roles. Women are involved in
extraction as well as in the marketing of fish products (mama karanga). Consequently, the
project will ensure that women have an opportunity to participate and express their own
aspirations during the identification and development of subprojects for funding. Gender
related issues that affect the well-being of fishing families or inhibit the participation of
women will be looked at.
Vulnerable and Marginalized Groups (VMGs)
24. Affected indigenous VMG communities (Watha, Saanye, Aweer/Boni, Washiratzi,
Watschwaka, Wakifundi and Wakifundi) will also be fully engaged to promote their
participation in KEMFSED project activities and in the development of alternative
livelihoods that are culturally appropriate. Sub-projects that promote or preserve the Culture
of VMGs will be considered for funding where the economic viability of the actions can be
established. Some of the suggestions from indigenous communities include strengthening
eco-cultural tourism including aspects of Watha culture, Saanye language, traditional dress,
cultural foods or the creation of cultural entertainment groups that support the economic
diversification in local communities. Preservations of Kaya Forests and other sacred sites
among the VMGs will be identified and preserved to help to community to promote their
heritage and eco-tourism activities. These opportunities provide win-win situations for
indigenous communities where their culture is highlighted and maintained while enhancing
their household income.
Civil Society Organizations
25. The role and engagement of civil society organizations including fisher‘s associations and
conservation NGOs will be a key feature of this project both in the promotion of KEMFSED
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project as well as in the development of alternative livelihoods strategies for local
communities. There are local conservation organizations and Beach Management Units that
have continuously engaged the targeted communities therefore the project will build on those
existing relationships and will avoid creating any new organizational structures within the
communities unless absolutely necessary.
Process Framework Implementation Responsibilities
26. The National Project Coordinating Unit (NPCU) and the National Project Steering
Committee (NPSC) will ensure the process framework measures are implemented and
complied with. The NPCU will oversee the implementation of KEMFSED project activities
and is responsible for the development and implementation of the project work plan,
implementation manual and budget and also in managing project resources and support staff.
The Project Technical Advisory Committee (PTAC) at the national level will oversee the
implementation of the policies, regulations, and procedures approved by the NPSC for the
project. The PTAC will liaise with the State Department of Fisheries and Blue Economy for
financial and fiduciary management matters, and with the Directorate of Fisheries and the
Kenya Marine and Fisheries Research Institute (KMFRI) for technical matters, as well as
with other KEMFSED implementation partners. The NPCU reports to and provides regular
reports to the NPSC on all aspects of project activities. The PTAC social safeguard technical
focal persons are responsible for providing technical guidance to approved sub-projects
under all the components including grants under the livelihoods support component of the
project. Three social safeguard specialists will be engaged to oversee the implementation of
the recommendations of the PF and RPF in Kwale, Kilifi/Tana Delta and Lamu counties.
This will include overseeing and providing technical guidance to the grant‘s application and
approval process for alternative livelihood projects.
27. The NPCU is furthermore responsible for the monitoring and evaluation of the process
framework. The NPCU will report to the Project Steering Committee on activities being
carried out under the framework along with other aspects of project implementation. The
NPSC will provide general oversight to the overall implementation of all components of the
KEMFSED project. Where required, the NPCU in consultation with the World Bank social
safeguards team will engage technical consultants to carry out project activities where such
technical expertise is required, and approval is obtained from the NPSC and the World Bank
provides no objection. Consultants will also be engaged to assist communities to mobilize
and engage in participatory planning. In all such instances, the NPCU will provide guidance
and oversight to the work of third-party consultants as it relates to the process framework.
The NPCU will also work in close collaboration with the Fisheries Department, the World
Bank social safeguards technical team and PTAC for the technical aspects of the project.
This is further described below.
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Kenya Marine Fisheries and Socio-Economic Development (KEMFSED) Project xiv
Technical Coordination
28. The Project Technical Advisory Committee (PTAC) and the Directorate of Fisheries will
provide technical coordination of all activities regarding the implementation of KEMFSED
activities, enforcement of fishing regulations and establishment of replenishment zones.
These two implementing partners will engage with network of Beach Management Units,
relevant county government departments in the participating counties, fishing communities
and stakeholders in the consultation process. The NPCU will provide all material support
necessary for the participation of stakeholder communities and will ensure that the process
framework is followed and that social and environmental safeguards are complied with.
Grants Coordination for Alternative Livelihoods
29. The NPCU will collaborate with County Project Coordination Unit (CPCU) and the County
Technical Advisory Committee (CTAC) on the implementation of the sub-grants mechanism
to support alternative livelihoods for project-affected community members. The County
Project Steering Committee (CPSC) will oversee the activities of the CPCU and the CTAC to
ensure that the PF is followed. The main reason for this is because the three county
implementation structures are based at the grassroots level and can easily support the
implementation of the project activities. They can then report to the NPCU which will
eventually report to the NPSC. The County Project Coordination Unit (CPCU) and the
County Project Steering Committee (CPSC) will be responsible for overseeing the processes
involved in assisting communities plan, develop and implement subprojects.
Key Implementation Partners
30. The KEMFSED project will be implemented by the State Department of Fisheries and Blue
Economy as the lead agency in partnership with several government departments such as
crops, Livestock, directorate of fisheries, the National Treasury, State Department for
Environment and Forestry (SDEF), the Co-ordinator of Inter-governmental secretariat for
Agricultural Sector, Network of Coastal Beach Management Unit (NCBMU), Coastal Fish
Farmers‘ Organization and the Association of Fish Processors and Exporters in Kenya
(AFIPEK) at the national level; The participating county governments in the coastal shoreline
will be implementing agencies at the county government level. They will provide
implementation and oversight structures at the county level. Below the county level
implementation and coordination level will be community level implementation structures
mainly comprised of Community-Driven Development Organizations (CDDO). Community
level implementation structures will have sub-committees.
Grievance Redress Mechanism
31. Grievances and disputes may arise at several stages of the Project‘s planning and
implementation and may be related to project administration or may be a result of conflicts
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Kenya Marine Fisheries and Socio-Economic Development (KEMFSED) Project xv
between groups affected by the Project. Affected groups or individuals identified under the
Project should be made aware at every stage that grievance procedures are in place and be
advised on how they can access this mechanism.
32. For the purpose of the project‘s GRM, grievance is defined as an issue, concern, problem,
claim (perceived or actual) or complaint that an individual or group wants the project to
address and resolve. It is understood that when community members present a grievance,
they generally expect to receive one or more of the following:
a) Acknowledgment of their problem
b) An honest response to questions about project activities
c) An apology
d) Compensation
e) Modification of the conduct that caused the grievance
f) Some other fair remedy.
33. The GRM will be designed to respond to four types of complaints that are likely to arise:
a) Comments, suggestions, or queries;
b) Complaints relating to non-performance of project obligations;
c) Complaints referring to violations of law and/or corruption; and
d) d) Complaints against project staff or community members involved in project
management.
Purpose and Scope of Process M & E
34. The purpose of the process framework M&E system is to monitor the extent and the
significance of adverse impacts and the effectiveness of measures designed to assist
displaced person to improve or restore incomes and livelihoods. It is expected that
stakeholders especially fishing community who are likely to be affected by the
implementation of KEMFSED project activities partly due to introduction of new regulations
or reinforcing existing regulations due to implementation of new governance structures,
controlling of over-fishing, maintenance of fish stock levels and modernizing of fish landing
sites and fishing ports will actively participate in the M&E process. Those who benefit from
livelihoods restoration and mitigation assistance will also be expected to monitor and
evaluate the effectiveness of the alternative livelihood measures being undertaken by the
project.
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Kenya Marine Fisheries and Socio-Economic Development (KEMFSED) Project 1
1. INTRODUCTION
1.1 Kenya Marine Fisheries and Socio-Economic Development (KEMFSED) Project
1. The Government of Kenya through an Executive Order No. 1/2016, made a clear
commitment towards a new approach, the blue economy, and taking into cognizance the
importance of the sector to fuel the country‘s economic growth, created the State Department
for Fisheries and the Blue Economy. The coastal and marine space on which a blue economy
is potentially founded contains a myriad of different uses, some currently destructive or
unsustainable, while others are renewable, some mutually exclusive and others compatible.
In a wider context, a blue economy approach is more proactive and embodies the need to
focus on longer term sustainability despite it being understood as encompassing a better
integrated approach to these sometimes-conflicting uses of marine resources, living and non-
living (including shipping, fossil energy and mining), and renewable or exhaustive. Blue
economy comprises many sectors, however focus will be on fisheries and aquaculture; and
maritime shipping and logistic services as priority sectors that would deliver fast socio-
economic benefits to the communities in the coastal areas. To strengthen fisheries
governance for sustainable utilization and enhanced revenues for the government and
employment creation, the government enacted the Fisheries Management and Development
Act 2016 in September 2016. The Act established institutions that would strengthen the
governance of the fishing industry and aquaculture and enable investments along the fisheries
value chains for socio-economic benefits. The institutions established include; the Kenya
Fisheries Service, Kenya Fish Marketing Authority and the Fish Levy Trust Fund.
2. To attain economic benefits from the coastal and marine resources, the Government of Kenya
(GoK) through the State Department for Fisheries, Aquaculture and the Blue Economy
(SDFA&BE) requested the World Bank to support the proposed Kenya Marine Fisheries and
Socio-Economic Development Project (KEMFSED).
3. The Government of Kenya has received Project Preparation Advance from the World Bank
towards the Kenya Marine Fisheries and Socioeconomic Development Project (KEMFSED).
The KEMFSED project covers a period of 5 years. The development project overall goal is to
enhance economic benefits and coastal livelihoods from marine fisheries and coastal
aquaculture while safeguarding associated ecosystems‘ integrity. The implementing agency
will be the State Department for Fisheries Aquaculture & the Blue Economy (SDFA-BE) on
behalf of the Government of Kenya. In Kenya, 5 counties along the Coast have been selected
to be beneficiaries for the project namely Kwale, Mombasa, Kilifi, Tana River and Lamu as
represented in the below figure.
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Kenya Marine Fisheries and Socio-Economic Development (KEMFSED) Project 2
Figure 1: Project Beneficiary Counties
4. The project will be implemented through the State Department of Fisheries, Aquaculture and
The Blue Economy, with funds made available by a credit of USD 100 million from the
International Development Association (IDA) of the World Bank, USD 13 million from the
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Kenya Marine Fisheries and Socio-Economic Development (KEMFSED) Project 3
Government of Kenya (GoK) and community contributions. The IDA credit will be
structured as an Investment Project Financing (IPF).
5. KEMFSED Project seeks to empower coastal communities to improve management and
value-addition of priority fisheries and Mariculture and strengthen access to complementary
livelihood activities.
1.2 Project Components
6. The Project components have been designed to fit within Kenya‘s broader Blue Economy
Framework and the on-going devolution process. The components and sub-components were
refined and regrouped to improve focus, flow, integration and better balancing of
hard/infrastructure aspects with soft/technical assistance, training and capacity building
aspects.
Figure 2: KEMFSED Project Theory of Change
Component 1 – Improve Governance and Management of Marine Fisheries.
7. This will focus on improving the management of marine fisheries in Kenyan waters.
a) Sub-component 1.1: Enhanced governance of marine fisheries and blue economy. This
sub-component aims to optimize the use of and increase the benefits derived from
Kenya‘s marine fisheries within the broader blue economy, while simultaneously not
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Kenya Marine Fisheries and Socio-Economic Development (KEMFSED) Project 4
compromising the long-term sustainability of these resources. This will be achieved
through: i) strengthening fisheries policy and regulation; ii) carrying out spatial marine
planning; iii) strengthening the management of priority fisheries; iv) strengthening the
monitoring, control and surveillance (MCS) of fisheries in both the nearshore and EEZ;
and v) facilitating research.
b) Sub-component 1.2: Under this sub-component the management of nearshore fisheries
will be strengthened, in synergy with related priority fisheries stock assessments, FIPs,
MSP and fisheries management, and FIMS developed under sub-component 1.1.
Specifically, this sub-component will support formulating a standardized national
governance framework for nearshore fisheries co-management and implementing and
strengthening co-management on the ground in approximately a third of Kenya's
nearshore waters, through direct engagement with approximately 35 of the 85 coastal
fishing communities.
c) Sub-component 1.3: This sub-component will support the construction of key fisheries-
related infrastructure including: i) fisheries headquarters building in Nairobi, ―Uvuvi
House‖ or fisheries house, to house key entities undertaking and providing fisheries-
related functions and services, including the State Department of Fisheries, Aquaculture
and the Blue Economy (SDFA&BE), Kenya Fisheries Service (KeFS), Kenya Fish
Marketing Authority (KFMA), Fish Levy Trust Fund and Kenya Fisheries Advisory
Council; ii) with a devolved fisheries sector and coastal counties playing a key role in the
implementation of activities at the coastal and community level, the sub-component will
upgrade select county fisheries department offices as needed. All new construction or
rehabilitation/upgrading related works will ensure that climate change related impacts
will be considered, and the infrastructure will be climate-resilient; and iii) recognizing the
need to strengthen the technological and skills capacity in Mariculture in Kenya, the sub-
component will support construction of a national Mariculture resource and training
center (NAMARET) including a laboratory and a research and training center. This
facility will be in Kwale county and managed by the scientific and research parastatal
agency, Kenya Marine Fisheries Research Institute (KMFRI). This new facility will
undertake the much-required research in fish breeding toward supplying commercial
hatcheries with improved broodstock for fast and efficient production. The laboratory
will support the scientific, experimental and technological requirements for a state-of-the-
art system, and the training center will be used for capacity development and training of
skills in Mariculture.
Component 2 – Enable Sustainable Investment in Marine Fisheries and Aquaculture.
8. The four main barriers that prevent responsible investment from contributing to sustainable
fisheries: lack of reliable data for decision-making, ineffective fisheries management,
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Kenya Marine Fisheries and Socio-Economic Development (KEMFSED) Project 5
unreliable infrastructure systems, and a paucity of investment-ready enterprises.1 Component
2 will complement components 1 and 3 in addressing these barriers, particularly with regard
to a lack of investment-ready SMEs linked to fisheries and Mariculture, and in establishing
an enabling environment for sustainable investment in these sub-sectors. The component will
also work to build demand for responsibly produced Kenyan seafood by strengthening the
newly-established KFMA and support the establishment of science-based management of
fish stocks that may not be overexploited by conducing experimental fisheries in partnership
with the private sector. It also addresses gaps in public infrastructure to enable fish landing
sites to be more attractive to fishers and buyers and reduce start-up or expansion costs of
Mariculture ventures. Achievements under this component will be measured by SMEs with
access to TA, infrastructure in fish handling established and operational and access by people
in coastal communities to the infrastructure.
a) Sub-Component 2.1: SME-DS in Coastal Communities. An SME-DS will be contracted,
made up of a team of SME development-related experts, available to fishing communities
along the Kenyan coast. These experts will promote their services to Beach Management
Units (BMUs) and coastal residents seeking to develop or expand a fisheries-related
enterprise, and offer demand-driven technical assistance, analytical services, capacity
building, and knowledge sharing services. The SME-DS will also identify systemic risks
or issues that prevent potential projects from being investment ready and will recommend
remediation steps required to remove or mitigate such risks. Training and guidance on
accessing existing and emerging sources of credit will also be included. This sub-
component will also support SMEs that wish to develop services to add value and make
more transparent seafood value chains. In addition, the project will provide technical
assistance to guide the establishment and operation of Kenya Fish Marketing Authority.
b) Sub-Component 2.2: Improve Fisheries and Mariculture Related Infrastructure for
Value Chain development. This sub-component will target county-identified gaps in
basic public infrastructure (water, electricity, transport) that are inhibiting private
investment opportunities in marine fisheries and Mariculture. To ensure that all
investments will be clearly justified, support complementary private investment, and
minimize the potential to stimulate excessive fishing effort, all value-chain related public
infrastructure proposed by counties will be based on a county fishery and Mariculture
infrastructure development map and plan. Climate change related risks will be
internalized in the development of all infrastructure investments.
Component 3 – Coastal Community Empowerment and Livelihoods.
9. This component will focus on strengthening the livelihoods of poor households in coastal
communities, both as an end, and to facilitate fishers to comply with fisheries management
1 Inamdar N, Larry B, Jorge M.A., Anderson J.T, and Vakil R (2016). Developing Impact Investment Opportunities for Return-
Seeking Capital in Sustainable Marine Capture Fisheries. Washington, DC: World Bank
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Kenya Marine Fisheries and Socio-Economic Development (KEMFSED) Project 6
measures. A holistic approach, targeting complementary livelihood development, will be
pursued, in part through the development of strategic partnerships with new or existing
commercial enterprises applying agriculture or aquaculture contract farming schemes
benefiting smallholder producers. More broadly, small-scale livelihood sub-projects,
implemented by individual (micro) or small enterprise groups, will be supported through a
combination of grant provision, technical assistance, and enterprise and skills training.
a) Sub-Component 3.1: Enhance Coastal Community Livelihoods. This sub-component
includes a grant fund providing financial support to eligible beneficiaries through three
distinct channels: i) Livelihood grants for subprojects by eligible small-scale coastal
producers; ii) Grants for social and environmental (natural capital) community sub-
projects; and iii) Capital injection grants to village savings and loans (VSL) groups.
b) Sub-Component 3.2: Support Services for Livelihood Enhancement and Capacity
Development. Implemented by the individual counties, this sub-component will provide
a package of support services and capacity-building to beneficiary groups needed to
deliver, and complement, the activities implemented under sub-component 3.1 including:
i) Service and Technical Assistance (TA) provision to identify grant recipients and
support preparation, management and oversight of sub-projects; ii) Provision of
enterprise & skills training to grant recipients and other micro-enterprises; iii) Village
Savings and Loans (VSL) program; and iv) Scholarships for formal skills, vocational
training, and academic education.
Component 4 – Project Management.
10. This Component 4 will finance supplemental support for project management at both
national and county levels to ensure coordinated and timely execution of project activities.
Specifically, it will support project oversight and coordination including facilitation of a
National Project Steering Committee (NPSC) and Project Technical Advisory Committee
(PTAC); establishment and operation of a Project Coordination Unit (PCU) at the national
level, and Project Implementation Units (PIUs) at the county-level, including the provision of
equipment; fiduciary management, including external/internal audits and accounting; quality
control and assurance systems; environmental and social safeguards management; and
technical audits as needed. The component will also finance the preparation and
implementation of a communications strategy, and the implementation of a Monitoring and
Evaluation. (M&E) system, which will need to be implemented to capture data on physical
and financial progress, performance of the implementing agency and other entities/service
providers, and the results achieved in terms of outputs and outcomes. In addition, it will
support the creation of a Grievance Redress Mechanism and ensure citizens engagement.
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Kenya Marine Fisheries and Socio-Economic Development (KEMFSED) Project 7
1.3 Project Activities
11. The sub-projects that are likely to be proposed for financing under the component 1 and its
sub-components include; Enhanced Governance of Marine Fisheries and Blue Economy,
Improve Management of Nearshore Fisheries, Infrastructure Development for Fisheries
Management under component one. Likely sub-projects under this component will aim at
controlling over fishing, illegal fishing and unreported fishing activities in the Coastal
shoreline of Indian Ocean.
12. Some of the sub-project activities which would be proposed under this sub-component would
include; controlling over fishing, maintain stock productivity and enhancing associated
ecosystem. Furthermore, other sub-project activities under this component would involve
enhancing governance for sustainable fishing and use of marine resources and may include
among others strengthening governance institutions and introducing new or reinforcing
existing rules for fisheries activities which may not only affect the livelihoods of the private
individuals who are using trawlers, ring nets or spear guns but also the general community
that primarily depend on fishing. This will include the activities of mama karanga whose
business along the fish landing sites depend on the amount of the fish harvested. It is likely
that sub-project activities will include improving/expanding infrastructure for enhanced
fisheries management along the fish landing sites, fishing ports such as in Shimoni,
expansion and equipping BMUs for improved fisheries management.
13. Some of the sub-projects in under component 2 would include; promotion of aquaculture and
Mariculture activities through enhanced infrastructure, promotion of Small and medium sized
enterprises (SMEs) through provision of credit facilities, mentoring or building the capacity
of the beneficiaries of the credit facilities.
14. Component 3 of KEMFSED aims at empowering coastal communities and sustainable
livelihoods through enhancing Coastal Community livelihoods and support services for
livelihood enhancement and capacity development. Some of the likely sub-project activities
under this component include; provision of educational scholarships, provision of technical
and financial incentives for complementary livelihoods and diversification of income sources
and promotion of Coastal and Marine tourism. These could include promoting farming
activities, building the capacity of youths to enhance their livelihoods through tourist
activities and reviving some of the collapsed industries such as cashew nuts and enhance
income generated from harvesting of coconut as well supporting community-based groups to
plant trees as alternatives to harvesting mangrove trees.
1.4 Objectives
15. The PF will serve as a guide through which activities and procedures related to KEMFSED
can be enhanced to incorporate the interests and needs of coastal community members and
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Kenya Marine Fisheries and Socio-Economic Development (KEMFSED) Project 8
affected stakeholders. It addresses the integral participation of people who may be affected
when decisions are taken to restrict access to natural resources in coastal areas along the
Kenyan coast in the project area. The purpose of the PF is to ensure that coastal areas are
both effectively managed for conservation of natural and cultural resources and, at the same
time, to ensure that affected people have a meaningful role in those decisions and in deciding
on and implementing alternatives to restore or improve livelihoods and incomes affected by
those decisions. The goal is to ensure that no one is worse off as a result of the Project.
16. According to OP 4.12, the purpose of the process framework is to establish a process by
which members of potentially affected communities participate in design of project
components, determination of measures necessary to achieve resettlement policy objectives,
and implementation and monitoring of relevant project activities (see OP 4.12, paras. 7 and
31). Specifically, the process framework describes participatory processes by which the
project activities will be accomplished.
17. The specific objectives for the PF are three-fold:
a) Establish a Communication and Participation Framework. Suggestions are provided
regarding the operating principles, rules of associations, and organizational incentive
structures for community participation to ensure that Marine Protected Areas (MPA)
decision-making authorities address, consult and substantively involve the broader
community when making decisions that have potential direct or indirect impacts on the
livelihoods of households or sub-groups in the community.
b) Identifying Target Groups. A targeting strategy is developed to ensure that affected
households or sub-groups are identified for income generating sub-projects financed by
KEMFSED/SDFA&BE or other potential windows. This includes the specification of
criteria that can be used, as well as input regarding the types of sub-projects that may best
target the groups at risk. Other strategies were also explored that increase the risk
threshold of the identified households or sub-groups. A communication strategy is
suggested to provide affected communities with information on the process and content
of sub-projects associated with KEMFSED/ SDFA&BE, which could assist with the
diversification of livelihoods. This includes suggestions on innovative, but effective,
communication methods, including working in collaboration with key resource persons in
the community.
c) Monitoring and Evaluation. Indicators are developed for incorporation into a monitoring
and evaluation (M&E) system to ensure that no one is worse off as a result of the
Project‘s support for the implementation of a network of MPAs. The indicators focus on
specific sub-groups at risk, are informed by M&E systems developed for SDFA&BE and
consider community-level and local government resources and existing monitoring
mechanisms. To measure social development objectives of the Project, key performance
indicators are recommended.
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Kenya Marine Fisheries and Socio-Economic Development (KEMFSED) Project 9
1.5 Justification for the PF
18. This PF is prepared because KEMFSED may cause restrictions in access to natural resources
in legally designated parks and protected areas.
1.5.1 Elements of a PF
19. The key elements of a process framework (OP 4.12, paras. 7, 31) describe the participatory
process by which:
i. Specific components of KEMFSED will be prepared and implemented. This section of
the process framework describes how, and to what extent, potentially affected groups or
communities are to participate in defining and determining restrictions. It also describes
how measures to assist potential displaced persons (DPs) will be identified and selected.
This section mentions which methods of participation and decision-making (for example,
open meetings, selection of leaders or councils) will be used.
Essentially, the KEMFSED process framework codifies a participatory approach, which
is considered best practice for conservation activities in officially designated parks and
protected areas. Experience has consistently shown that externally imposed regulations or
restrictions tend to fail for a variety of reasons.
In some cases, local resource users simply do not know about or understand the
regulations. In others, local resource users (or users coming from more distant locations)
choose to ignore or circumvent them. In yet other cases, the regulators may impose
restrictions on resource use without fully realizing the important role such resources play
in the subsistence or livelihoods of the affected people. Because parks and protected areas
are usually situated in remote areas and their boundaries are porous, governments acting
without community support find it costly, if not impossible, to regulate resource use
through legal instruments.
Community participation in the design and enforcement of conservation activities helps
to ensure active support. The community identifies acceptable alternatives to current
patterns of resource use and identifies distribution patterns it deems to be equitable. In
other words, if conservation activities are to succeed, the people affected must be
convinced that the arrangements are reasonable. If sustainability requires local residents
to stop or reduce hunting or the felling of trees, for example, then those residents must be
confident that they can obtain alternative sources of food or building materials.
Mitigation, however, need not be one for one. For instance, local communities are often
those who register decline in availability of resources (or decline in resource base), and
they are often concerned for the future sustainability of those resources. Therefore,
experience shows that local, especial indigenous communities are often willing to reduce
resource use, if they are supported by protected area management and they perceive that
they can sustain their livelihood in the future. The key to the process framework approach
is establishing an appropriate degree and quality of community participation in
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Kenya Marine Fisheries and Socio-Economic Development (KEMFSED) Project 10
conservation activities which was achieved under KEMFSED. The process framework
must thus address the quality of the process of consultation and participation (for
example, issues of leadership and representation, distributional equity, and special
treatment for people vulnerable to specific hardship), with participatory arrangements
that can adequately be monitored to ensure that the agreements reached are executed. The
process framework approach offers an alternative to traditional resettlement planning.
And it is more appropriate where the active support of communities is vital to achieving
more sustainable patterns of resource use. Under this approach, communities have a right
to participate in deciding on the nature of the resource restrictions and the measures
necessary to mitigate adverse impacts arising consequently.
ii. The criteria for eligibility of displaced persons [for any form of assistance] is determined.
A clarification of OP 4.12 is that eligibility criteria for resettlement assistance related to
impacts of involuntary restriction of access to parks or protected areas (endnote 18) are
handled differently. This difference in treatment allows the flexibility to exclude from
resettlement assistance anyone involved in clearly illegal, unsustainable, and destructive
activities (such as wildlife poachers or dynamite fishers) under KEMFSED, if including
these people would undermine the objective of the project or the sustainability of the park
or protected area; then potentially affected groups or communities will be involved in
identifying and assessing the significance of adverse impacts. It also describes how the
local population will be Resettled in Natural Resources Management and Biodiversity
Projects if involved in establishing criteria for eligibility for assistance. Although the
process framework approach allows the local population to participate in decision making
on eligibility criteria, ensuring the framework will enjoy the support of government
agencies involved in the program is also important.
This framework identifies groups that may be particularly vulnerable to hardship as a
result of new or strengthened restrictions on access to natural resources, such as those
segments of the community who are more heavily dependent on protected area resources
for their livelihood (for example, harvesting wild fruits as food for some communities.
Two other issues warrant careful consideration in some cases: First, the framework
considers how the interests of non-residents, who also may use the resources, are to be
accounted for. Second, the framework shows justification for the exclusion of people
engaging in some forms of resource use (for example, poaching of protected wildlife or
opportunistic squatting into areas already subject to customary resource management) as
illicit or inappropriate for sustainable resource management. The challenge faced by
communities and other stakeholders is how to establish appropriate criteria to determine
what is poaching and opportunistic, as opposed to genuine livelihood activities.
iii. Measures to assist the displaced persons in their efforts to improve their livelihoods, or at
least to restore them, in real terms, while maintaining the sustainability of the park or
protected area, will be identified.‖ The framework describes how groups or communities
will be involved in determining the most equitable and just sharing of access to resources
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Kenya Marine Fisheries and Socio-Economic Development (KEMFSED) Project 11
under restricted use and for identifying possible alternative resources available for use
and opportunities to offset losses. This section describes also the method for adversely
affected community members to make collective decisions and decide on options
available to them as eligible individuals or households. The framework also describes
enforcement provisions, clearly delineating the responsibilities of the community and
those of government agencies in enforcing restrictions on the use of these resources.
In general, affected communities are likely to use one or more of four strategies:
Devising transparent, equitable, and fair ways of more sustainably sharing the
resources—Recognition of rights to resources and more transparent resource
management practices may significantly reduce pressure on forest products, for
example. Obtaining access to alternative resources or functional substitutes—
Access to electricity or biomass energy may eliminate overuse of timber for
firewood, for example.
Obtaining public or private employment (or financial subsidies)—Local residents
may need alternative livelihoods or the means to purchase resource substitutes.
Providing access to resources outside the park or protected area—of course, a
framework promoting this strategy also considers impacts on the people and the
sustainability of the resources in these other areas. Once identified in the process
framework, measures to assist Displaced Persons are articulated in the plan of
action and implemented in accordance with this plan, as part of the project (OP
4.12, paras. 10, 31).
Potential conflicts or grievances involving affected persons will be resolved. The
framework describes community processes for addressing the disputes or
complaints of affected groups or communities. A key aspect is the role of
government in mediation and in the enforcement of agreements. The framework
should also describe processes for addressing the grievances of the individuals or
households in the affected communities that are dissatisfied with eligibility
criteria, the design of mitigation measures, or patterns of actual implementation.
iv. The framework describes the distribution of responsibilities between government
agencies and the communities themselves in the event of unanticipated problems or
impacts or the failure of mitigation measures. Implementation and monitoring
arrangements will be made.
v. In addition, the framework defines in the action plan how measures to assist the DPs
following the imposition of restrictions and to improve and restore their livelihoods will
be monitored and how impacts will be carefully recorded while the project is in progress.
1.6 World Bank Operational Policies Triggered
Table 1: WB Policies Triggered
Safeguard Policies
Triggered by the Project
Reasons For Triggers
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Kenya Marine Fisheries and Socio-Economic Development (KEMFSED) Project 12
Environmental
Assessment (OP/BP 4.01)
Sub projects are likely to have potential significant environmental
impacts. The objective of OP 4.01 is to ensure that Bank-financed
projects are environmentally sound and sustainable, and that decision-
making is improved through appropriate environmental screening,
analysis of actions and mitigation of their likely environmental impacts
and monitoring. Therefore, OP 4.01 is likely to be triggered, and in line
with this operational policy, the environmental and social screening
process for the distribution component of the investment in marine
fisheries and coastal aquaculture.
Natural Habitats (OP/BP
4.04)
Sub projects may be located in or close to areas with natural unique flora
mainly mangrove forest and fauna though the component is unlikely to
have significant negative impacts on natural habitat works in all the
counties shore and islands that may be home to diverse flora, fauna, and
avifauna.
Involuntary Resettlement
(OP/BP 4.12)
Sub projects may involve land take for construction purposes including,
landing sites, markets, cooling plants, water infrastructure, waste
collection points, sewer systems, electricity power supply lines and
sanitary facilities etc
Indigenous Peoples
(OP/BP 4.10)
Sub projects may be located in areas with vulnerable and marginalized
groups/people especially in islands such as Lamu, Kipini in Tana River
and Shimoni in Kwale.
Physical Cultural
Resources (OP/BP 4.11)
Given that the works will take place in areas of archaeological
importance, OP 4.11 has been triggered as a precaution. Therefore, the
ESMF includes guidance in the event chance finds are made especially in
Islands in Lamu and Kwale counties.
Projects in Disputed
Areas (OP/BP 7.60)
The Project is proposed to finance activities in Kenya's coastal areas
including the country's territorial waters and Exclusive Economic Zone
(EEZ). The Northern part of Kenya's territorial waters and the EEZ fall
within an area that is claimed by Somalia. The Project TTL sought
approval on this issue vide Memo Dated March 1, 2019
20. World Bank funding for KEMFSED requires that the Project comply with World Bank
Safeguard Policies to ensure that no undue harm is experienced by people and their
environment as a result of the Project. KEMFSED has been identified as triggering the
World Bank‘s Safeguard Policy on Involuntary Resettlement (OP/BP 4.12) as a result of
activities under Component 1,2 &3.
21. These components will involve support for the implementation of KEMFSED project that
will, in turn, affect coastal resource use, Marine Protected Areas and may lead to a ―loss of
assets or access to assets‖ for local households. In this case, triggering the Safeguard Policy
on Involuntary Resettlement (OP/BP 4.12) requires the development of a PF, which will
serve as a guide to help ensure participation of affected people in the design of project
activities and to ensure affected communities have an opportunity to improve or at least
restore their incomes and standards of living after displacement.
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22. Given that involuntary resettlement and restriction of traditional access to resources in legally
designated parks and protected areas can result in severe social and economic challenges for
local communities, the WB (OP) 4.12 ensures provision of safeguards where the state
restricts access to resources in legally designated parks and protected areas. While
conservation schemes may not always acquire land through eminent domain the declaration
of nature reserves, the upgrading of protected area status, or the enforcement of earlier
directives limits access to resources in the protected areas and directly affects livelihoods and
incomes. These types of conservation projects fall within the purview of OP 4.12 because the
new restrictions on resource use affect the livelihoods and well-being of the people who were
using the newly restricted areas. In these instances, KEMFSED has instituted a process
framework to promote a participatory approach to conservation activities in legally
designated parks and protected areas. Encouraging community participation in the design and
enforcement of conservation activities under the process framework helps identify acceptable
alternatives to unsustainable patterns of resource use and promotes community support for
such alternatives. If sustainability requires that local residents stop or reduce their activities,
these residents must be confident that they can find alternative sources of food or livelihoods.
1.7 Policy Application and Implementation
23. Specifically, OP 4.12 covers adverse impacts on livelihoods that result from Bank assisted
investment projects and are caused by the involuntary restriction of access to legally
designated parks or protected areas. It is anticipated that the implementation of project
activities will likely result in involuntary restrictions to sections of Marine Protected Areas
(MPAs) that are currently used by local communities. There will be no physical relocation of
communities and settlements under the KEMFSED. It is not practical to presume that all
livelihood impacts of proposed restrictions can be predefined. The nature of the restrictions
and the specific interventions needed to restore people‘s livelihoods also cannot necessarily
be known fully in advance. As such a process framework is required by OP 4.12 with a view
to establishing a participatory process to be used in formulating and implementing
restrictions on resource use. The process framework describes the participatory process by
which communities and the project‘s authorities, or other relevant agencies will jointly
recommend resource-use restrictions and decide on measures to mitigate any significant
adverse impacts of these restrictions. A restorative and mitigation plan of action, which
describes specific measures to assist people adversely affected by the proposed restrictions, is
part of the framework.
24. The Government of Kenya through the MoALFI and the SDFA-BE will ensure
implementation and compliance with the measures presented here in the Process Framework.
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Kenya Marine Fisheries and Socio-Economic Development (KEMFSED) Project 14
2. COMMUNITY PARTICIPATION IN PROJECT IMPLEMENTATION
25. The overall objective of the KEMFSED is to enhance economic benefits and coastal
livelihoods from marine fisheries and coastal aquaculture while safeguarding associated
ecosystems integrity. In order to achieve this it is necessary to ensure that the activities of the
project are environmentally and socially sound and sustainable, the rights and interests of the
Vulnerable and Marginalized Groups occupying the project area are safeguarded and that the
project activities are in compliance with the various World Bank Safeguard Policies such as
OP 4.01, 4.10, 4.12 and other World Bank Operational Policies that are likely to be triggered
by the implementation of the various project activities. Active support by communities is
therefore vital to achieving more sustainable patterns of resource use and minimizing and
mitigate adverse effects that may result from project activities. To achieve this, engaging
communities and facilitating their participation is therefore a necessary part of the process.
The participation and consultation of local communities that will be affected by the
KEMFSED project will be facilitated throughout the implementation of the project.
2.1 Plan of Action
26. A plan of action describes the nature and scope of any restrictions, their anticipated social
and economic impacts, the eligible people for assistance, and the specific measures to assist
these people. The plan of action is to be submitted for Bank approval during project
implementation and before any enforcement of restrictions. The plan specifies the timing of
the imposition of restrictions and describes the scope of and methods for monitoring the
extent and the significance of adverse impacts and the effectiveness of measures designed to
assist DPs and maintain the sustainability of the park or protected area. As a general
principle, these arrangements will include opportunities for the affected population to
participate in monitoring activities. A protected area management plan can serve as the plan
of action, provided it adequately covers the appropriate topics.
27. The government of Kenya will disclose the plan of action in the project area in a form and
language understandable to the affected communities; the task team places the plan of action
in the WB External Website to ensure public access to it.
28. Through regular project supervision, the task team will:
Ensures that potential DPs have opportunities to participate in developing the specific plan of
action, described in the process framework;
Reviews and approves the plan of action before the borrower begins to enforce access
restrictions; and
Assesses, through field inspection and review of monitoring reports, whether agreed measures
have been effectively implemented, as planned, or alternative measures are necessary.
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29. As with all projects involving involuntary resettlement, responsibility for supervision
continues until all agreed measures have been implemented. The project is not considered
complete until the borrower has implemented all the measures described in the plan of action.
If, at project completion, resettlement measures have not led to satisfactory results (in both
livelihoods and resource sustainability), the task team will work with the borrower to decide
on appropriate follow-up measures.
30. For each subproject included in a project that may involve resettlement, the Bank requires
that a satisfactory resettlement plan or an abbreviated resettlement plan that is consistent with
the provisions of the policy framework be submitted to the Bank for approval before the
subproject is accepted for Bank financing.
31. The Bank may agree, in writing that subproject resettlement plans may be approved by the
project implementing agency –State Department of Fisheries without prior Bank review; if
the State Department of Fisheries demonstrates adequate institutional capacity to review
resettlement plans and ensure their consistency with this policy. In all such cases,
implementation of the resettlement plans is subject to ex post review by the Bank.
2.2 Approach to Community Engagement
32. Coastal communities have long standing use of the sea and marine resources and as such
their relationship to those resources is both economic and social in nature. Families depend
on marines‘ resources as a source of income, employment and food. For the Vulnerable and
Marginalized Groups (VMGs), their culture and history are connected to the marine and
natural resources within the sea-line. It is therefore critically important to engage all the
communities in an integrated approach during the implementation of KEMFSED project
activities. When engaging communities, the following will be adhered to:
g) The VMGs and the other dominant communities with which they co-exist are regarded as
equal beneficiaries of the project and efforts must be made to address the discriminative
nature of their relationship with the neighbouring dominant communities during
KEMFSED project implementation. The views of all the project affected communities
will be equally considered and respected.
h) Fishers and fishing communities are regarded as equal partners and stakeholders in the
implementation of KEMFSED project activities. Their views will be considered and
respected.
i) It is important not to raise community expectations beyond that which the project is able
to deliver. The project will ensure that the scope of the implementation of the various
project activities and expected outcomes are properly communicated to the communities.
j) The coastal communities are a diverse group with different cultural beliefs and practices,
different levels of attachment to natural resources, different levels of education and
engage in different income generating activities. They also have different gender roles
which may variably affect their participation in the project.
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k) The community members must be appropriately consulted during the design, planning,
implementation and monitoring and evaluation of the project activities. Although they
may not have the technical capacity to participate in the project activities, their traditional
knowledge will be incorporated in the overall design.
l) It is recognized that engaging local communities is a time-consuming process and that it
requires persistence and consistency.
2.3 Building Community Awareness
33. Not all stakeholders and community members who are targeted by KEMFSED project are
accustomed to dealing with management, technical issues or planning processes and so will
require some guidance to facilitate their participation. Similarly, not all communities may be
fully aware of consequences of the implementation of various activities for various sub-
projects within their communities and particularly how such project will affect their daily
lives despite the fact that the overall objective of the project is to enhance the wellbeing of
the coastal communities living in the riparian counties of Indian Ocean. Awareness-raising
through information sessions before starting formal consultation will be therefore be
undertaken.
34. At this stage it is important to build consensus within and among communities regarding a
realistic vision for sustainably utilizing marine and fisheries resources in the sea. During the
stage of building consensus, the details of the project components and activities should be
shared with the community for them to become familiar with the various roles they will be
expected to play. Awareness-raising activities will take the form of community meetings,
informational presentations and dissemination of informational materials among others.
Where there may be a level of distrust about the process or concerns about government
interventions or the influence of local elites, efforts to engender enough trust and
commitment will be undertaken through team building activities that involve all the
stakeholders.
35. While the awareness building process will be initiated at the start of the project it will also be
an ongoing process. As subprojects are developed to support the achievement of the four
KEMFSED project components within the communities, an Inter-community Learning
Forum (ILF) will be established under the project. Inter-community dialogues and learning
events among the participating fishing communities who face similar challenges to adapt to
climate impacts will be supported as part of the project. The communities will learn from
each other‘s experience in implementing the various sub-projects. Leadership development
training sessions will also be provided to focus on inclusive and integrated project
implementation that jointly benefit the Vulnerable and Marginalized Groups (VMGs) and the
general coastal communities in a culturally appropriate manner. This awareness will entail
collaboration among different communities and dialogue and mediation skills, mentoring of
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Kenya Marine Fisheries and Socio-Economic Development (KEMFSED) Project 17
community leaders, as well as training in advocacy at the community level. The ILF will be
convened by the National Project Coordinating Unit (NPCU) based on the advice from the
Project Technical Advisory Committee in collaboration with the County Project Steering
Committee (CPSC) and the County Project Coordinating Unit (CPCU).
36. General awareness sessions should be organized through the County Project Coordinating
Unit (CPCU) at the community level with a target of covering all the wards in which
KEMFSED project activities will be implemented. Education on the Project, the
implementation arrangements and processes, and the expected outcomes should be part of the
awareness sessions. Information for the sessions should come from the National Project
Coordinating Unit (NPCU) through the County Project Steering Committee (CPSC) located
in each of the participating counties to ensure consistency in messaging. Training or targeted
sessions for the local project stakeholders involved in the Project should be implemented.
37. The awareness building process should begin in the first year of the project and be sustained
throughout the project cycle.
2.4 Implementation Sequence of Project Activities
38. Members of potentially affected communities participate in the design of project
components, determination of measures necessary to achieve resettlement policy objectives,
and implementation and monitoring of relevant project activities. Implementation of project
activities that will effectively restrict the livelihood activities of the local fishermen, those
who derive their livelihood either directly or indirectly from fish products and other marine
resources will be done in such a way as to be minimally disruptive and will allow the
affected community members ample notice and lead time for them to make adjustments as
necessary. Restrictive activities or activities that have the potential to disrupt the livelihoods
of the local communities will be phased-in and properly sequenced to minimize adverse
effects these may have on local livelihoods. These will be specifically undertaken as follows:
a) Identification of fish landing sites and fishing ports for infrastructural upgrading –
This sub-activity will include community participation in the identification of fish
landing sites and fishing ports to be expanded. The infrastructural expansion will involve
the existing land use patterns and identification of assets both movable and permanent
assets, the type of investments both private and communal in such fishing landing sites
and ports, land ownership and compensation levels. Concerns from the stakeholders and
other affected individuals or communities will be obtained through consultation process
until there is agreement and adherence to new land use for the project is achieved. The
local community and stakeholders will be made part of the process in delineating the
expanded or realigned boundaries for the fish landing sites and fishing ports. It is noted
that not every person affected will agree with the new boundaries of the fish landing sites
and fishing ports and the new regulations, nonetheless, the positive result of an open
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consultation process provides enough basis on which to make a decision and implement
the zoning schemes.
b) Phase in of Zoning Schemes - The implementation of the zoning schemes will be phased
in over the first year of the project, with patrol activities and consultations relating to
incursions being targeted at increasing awareness in the year leading up to the start of
expansion of the infrastructural expansion in the identified boundaries of the fish landing
sites and ports in the second year. This is to allow community members, fishers and local
stakeholders, particularly those affected, time to adjust their fishing and livelihood
activities within the targeted boundaries.
c) Sequencing of Project Components – The activities and sub-activities of component 3
of the KEMFSED project will be initiated prior to the implementation of the component 2
activities that aim at modernizing fisheries infrastructure to enhance value addition in
fisheries and aquaculture sector. This will support a smooth transition of livelihoods and
provide adequate time for the affected households to acquaint themselves with new
regulations and restrictions on access to resources within the existing fish landing sites
and ports. After the planned zoning schemes have been completed, the restoration and
mitigation activities will begin implementation immediately. This means that the
planning for the development of alternative livelihood activities will be initiated as soon
as planning for the establishment of the zoning schemes gets underway. Once it is
determined where the restrictions will be and who will be affected, the project should
move ahead with developing and designing subproject aimed at addressing the livelihood
needs of those that will be affected. The activities of component I can be undertaken
simultaneously with those of component 2 since they may not have direct impact on the
communities in terms of immediate loss of livelihoods.
2.5 Representation of Affected Communities
39. While consultations will take place to ensure community participation in developing
management and establishing new boundaries for the fisheries activities, it equally important
to ensure that community members have continuous engagement with the project at the
leadership level. Community members will be asked to become involved as members of
advisory committees for each of the targeted fishing landing sites and ports. Where these
already exist, they will be strengthened by ensuring that community members are equally
represented and that those committees function according to their terms of references. This
platform will provide a space for communities depending on marine and fisheries resources
specially to engage with other stakeholders to advise the planning process but also space for
the implementation of other project activities and even longer-term engagement in the
sustainable utilization and conservation of the marine resources and maintenance of coastal
ecosystem integrity. Additionally, elected representatives of the local communities including
the VMGs will be proportionately represented in the project steering committee which will
have oversight responsibility for the project at the county and community level.
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3. IDENTIFICATION AND ELIGIBILITY OF DISPLACED PERSONS
40. Defining Displaced Persons as per the World Bank‘s OP 4.12, the term ―displaced persons‖
is synonymous with ―project-affected persons‖ and is not limited to those subjected to
physical displacement. It must be noted however that project activities will not result in
physical relocation of persons or communities. Displaced persons are therefore defined as
those persons who are affected in any of the ways described in paragraph 3b of OP 4.12. The
term connotes all those persons who lose ―access to legally designated parks and protected
areas resulting in adverse impacts on their livelihoods.‖ It is important to note that not every
fisher will automatically be eligible for livelihood support under the project as loss of access
as a result of restrictions carried out under the project must be demonstrated.
Ineligible Persons
41. Allowance is made for the flexibility to exclude from displacement assistance anyone who is
involved in clearly illegal, unsustainable, and destructive activities after the refinement of the
new boundaries and zoning schemes of the fish landing sites and ports have been fully
consulted and properly enacted, if including these persons would undermine the objective of
the project or the sustainability of the protected area. This is to be clearly communicated to
community members and fishers during initial consultations.
3.1 Establishing Impacts on Local Communities
42. While the project is expected to affect the livelihoods of local community members through
restrictions to resources for instance controlled illegal, over-fishing, or unreported fishing as
well displacements during the expansion of the fish landing sites and fishing ports, the
introduction of new rules and regulations in beach managements or reinforcing of existing
rules and regulations, specific impacts to different segments of the population such as
women, VMGs, among others will not necessarily be fully known until the implementation
of project activities begin. In order to adequately determine those impacts, it will be
necessary to collaborate with community members, fishers and their representative
organizations to identify those who are being directly affected and determine the ways in
which the effects are being experienced and mechanisms of mitigation. This will be done by
engaging communities through various means. For instance, modernization of the Shimoni
fishing port could cause restrictions on movements from the Wasini and Mukwiro Islands to
the mainland in Kwale county and small boat operators are likely to lose income due to the
expansion of the fishing port and the new rules and regulations including the introduction of
modern boats both for tourism activities and the movements of locals. Furthermore, the
expansion and modernization of the fishing ports is expected to lead to introduction of new
sanitation rules and perhaps new levies that might make it difficult for the mama karanga to
continue operating in such expanded fishing ports leading to a loss of livelihood. In addition,
as identified in the social assessment, controversies could arise where the project activities
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encroach on the Mijikenda kaya forests and the sacred sites for the VMGs, leading to delay
or withdrawal of project activities hence negatively affecting the populations that were
initially intended to improve their livelihoods in both Kilifi and Kwale counties. In Lamu, the
insecurity situation and the relationship between the local communities and the Kenya
Defence Forces (KDF) would lead to a negative impact of the project activities to the
communities living in Lamu. Consequently, the Saanye and Aweer are likely to be affected
because of restrictions on their movements and accusations of collaborating or sympathising
with the Al Shabaab terrorists in the Boni and Witu forests.
3.1.1 Community Consultations
43. The foremost space which will allow community members to engage with the project to
identify and assess the significance of adverse impacts will be through the consultations.
These consultations will be carried out to design, plan and implement the various
components of KEMFSED project and to identify the impact of the project both negative and
positive in a community-driven participatory approach. It is very important that
representation of the various segments of the communities and fishers especially, recognize
the importance of participating in the process. They will be provided with opportunities to be
part of the deliberations regarding how the management and implementation of the various
project activities and sub-activities will be set up. Community consultations will be the most
direct way for community members to participate and provide input into the implementation
of various project activities. During these consultations, communities can begin to identify
those who are likely to be affected based on the implementation of the various project
activities and those who are likely to miss out in the implementation of the project activities
so that the design of the project is reviewed to include all community members of different
ages, sex, disability and other vulnerabilities identified in the communities during these
consultations. There will be ongoing engagement with community members and fishers to
discuss their experience with the new restrictions in order to specifically identify affected
users.
3.1.2 Collaboration with Representative Organizations
44. There is a newly registered fishing cooperative society in Mombasa known as the Indian
Ocean Water body for all the coastal fishing communities. The body coordinates the
activities of a network of Beach Management Units (BMUs) for the Coastal region with an
overall chairman and county network chairmen. There is also a network of Vulnerable and
Marginalized Groups (VMGs) communities in Kilifi for the entire coastal region with county
chairmen and a leadership that extends to village level. The registration of the network of
VMGs at the Kenyan Coast was facilitated by the KCDP. KCDP used this network to prepare
and implement the VMG projects at the Kenyan coast. These representative organizations
will be engaged with a clear gender-based representation for them to assist in identifying the
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impacts of the project on their members. This will allow those who do not participate in the
consultations for one reason or another to still be able to articulate their interests or report
any adverse experiences. Representative organizations will be expected to establish basic
facts regarding the members claiming to be affected before passing on the information to the
Project Implementation Unit (PIU) at the county and the national level. Not all members will
be affected by the project activities and so it must be established that members making
claims are indeed being directly affected.
45. When assessing the impacts, the focus primarily will be on individuals, households and
social relations as well as gender differentiated impact, particularly how the implementation
of the project activities is influencing the relationship between men and women. During these
consultations, the project coordinating units will discuss the various ways in which those who
are affected can engage with the project in order to avoid, minimize or mitigate the impacts
being experienced as a result of the project.
3.2 Establishing Criteria for Eligibility
46. The National Project Implementation Unit (NPIU) will work primarily with the County
Project Coordination Unit (CPCU) and the identified Community-Driven Development
Organizations, network of Beach Management Units (BMUs) and environmental
conservationists to facilitate the participation of established stakeholder fishing communities
in determining the criteria for assistance eligibility. A working committee with representation
from network of BMUs, VMGs through their respective association or cooperatives and
KEMFSED project implementation units at the national and county levels will be established
to develop the eligibility criteria for assistance. The criteria developed must be approved by
the National and County Project Steering Committee which also includes various
stakeholders. Those eligible for assistance must be directly affected by the project activities
based on their use and access of the respective fish landing sites and fishing ports.
47. Long standing traditional use of specific areas within the fish landing sites and fishing ports
will be considered when developing the criteria for eligibility. This can be verified by the
BMUs or the Fisheries Department. Both the BMUs and Fisheries Department through their
continuous oversight of fish landing sites and ports can determine the affected community
members who are able to make claims of longstanding use of specific areas.
48. Once the eligibility criteria is developed, these will be used in the open call for proposals
from those who are indeed affected by the project. A call for proposals will be done to ensure
that the process is transparent and that those eligible to apply for assistance are fully aware of
the requirements, opportunity and support being provided by the project. Assistance will be
provided to local communities under the project to ensure that proposals meet the technical
requirements.
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3.3 Considerations for Vulnerable Groups
49. The World Bank OP 4.10 and the Constitution of Kenya (CoK, 2010) identifies the
Vulnerable and Marginalized Groups (VMGs) in Kenya. These Vulnerable groups may
require specific assistance during consultation and communication processes. Efforts such as
holding individual group consultation meetings related to mitigation activities are one way in
which vulnerable individuals may be integrated into the consultation process. In particular,
such an approach is useful for consulting with women in coastal communities where women
might not have a traditional role in decision-making or in voicing opinions in public sessions.
In trying to identify representatives of vulnerable groups in a community, it may also be
useful to engage a community representative to identify vulnerable persons for participation.
Processes should seek to engage vulnerable persons at all stages of activity planning, and
ensure monitoring systems are in place to demonstrate involvement.
50. There are other vulnerable and marginalized groups apart from the VMGs recognized in the
Kenyan Constitution 2010 and the World Bank Operational Policy 2010. The elderly in local
fishing communities are likely to be particularly vulnerable as they are often more heavily
dependent on fishing and have less diversified income sources. They are also less able to take
up other livelihood activities as they are not likely to have the requisite skill sets.
Similarly, there are poorer fishermen who depend on larger fishers for access to the sea on
their boats. If these larger fishermen experience a decline in income as consequence of the
management regimes brought on the project, they may demand more payment from the
poorer fishers or not permit them on fishing expeditions all together.
Also, there are many fishers who fish mainly for subsistence purposes and limitations
imposed on their access to fish for food may have severe consequences.
Though limited, there are female fishers who may also be negatively affected. Besides active
fishing, women from local communities are often involved in processing and selling fish
locally and managing their household finances. Their dependence on fishing and fishing
income makes the very vulnerable if they experience reduction in available marine products
resulting from restrictions imposed by the management regimes.
51. In order to ensure that the effects on vulnerable groups are minimized if not avoided, the
project will firstly ensure they have access to project related information including
livelihoods assistance and secondly, alternative livelihood activities carried out in
communities will ensure the inclusion and participation of vulnerable groups. To ensure
women participate in the project, livelihoods support will be directed towards the affected
household rather than just the affected fisher. Women will be able to apply for alternative
livelihood assistance that they lead and manage.
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4. LIVELIHOODS RESTORATION AND FACILITATION
52. The overall aim of the restorative and mitigation measures is to compensate for and diversify
the livelihoods of the affected users of the marine and fisheries resources who will be
affected by the implementation of KEMFSED project. The Project will support the
development of community-based business ventures (SMEs) under its components 3
activities that can leverage the opportunity cost of fishing and provide an alternative
livelihood opportunity for affected community members. The process of developing SMEs
and alternative livelihood strategies will be participatory and will be underlined by equity
and community driven decision-making. The business ventures will be developed through a
guided process as each venture will have a business plan to support the development of
products and services all the way through to distribution and service delivery. The process to
achieve this will naturally be starting with mobilizing affected community members to ensure
that they have the space and opportunity to consider the options available to them. Mitigation
measures being taken to address the livelihoods of both indigenous and non-indigenous
communities must be for the long term in order for them to have a restorative effect. This
section describes the process for achieving this.
4.1 Community Mobilization and Livelihood Restoration
53. Affected community members will be supported to mobilize themselves in order to identify
viable livelihoods activities in a participatory manner. The approach will help to ensure that
there is equity in the process and that all affected users including vulnerable groups, such as
women, elderly and VMGs, have the opportunity to become involved in and benefit from
alternative livelihoods assistance being provided by the project. Taking this approach will
acknowledge culturally appropriate decision-making patterns while supporting small fishing
communities to develop their capacity to assess their own needs, and design community level
actions and solutions in the future. This process will be facilitated by a community
development expert engaged by the project. The project will assist community members to
mobilize themselves through:
a) Community Needs Assessments - Initial meetings will be held to create an awareness of
the goals of the project in terms of its three components and the activities under the sub-
components and to discuss the opportunities for the development of alternative
livelihoods for affected users. This will be followed by needs assessment workshops to
facilitate the direct engagement of community members, including women, in devising
and developing ideas for potential alternative livelihoods activities. This process will
assist community members to map out their own resources and assets, identify and
diagnose constraints to local social and economic development from household to
community level, challenges to an integrated community project development approach
with a view to discuss and agree on the modalities of integrating the interests and
concerns of VMGs with those of dominant communities and identify required
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Kenya Marine Fisheries and Socio-Economic Development (KEMFSED) Project 24
management and technical skills. This should include an assessment of how the project is
likely to affect mama karanga, the small boat operators, which forests and sacred sites
are likely to be affected and how the Lamu security situation is likely to impact on the
participation of the local communities and their beneficence. The main outputs of this
process will be the: a) establishment of a common vision and integrated approach on how
to pursue alternative livelihood strategies, b) active engagement of community members
to ensure buy-in for the sub-projects, c) gender empowerment by ensuring a process that
seeks the input of both men and women and d) the identification of potential business
ventures and investment opportunities. These will then be prioritized based on viability
and other collectively established criteria.
b) Participatory Subproject Planning Workshops - The second step in the participatory
planning process will be the further development of the prioritized subproject ideas and
potential opportunities and the completion and submission of the sub-project proposal to
the PIU. This process will establish subproject goals and objectives, identify the main
activities and inputs, identify the target beneficiaries and develop a preliminary budget.
In-kind contribution will be required from sub-project beneficiaries to ensure
commitment. The sub-project proposal will then be submitted to the Project
Implementation Unit for consideration and approval through an established process.
c) Development of Business Plans – Business plans will be developed by community
members with the support of a specialist once a technical evaluation of the subproject
proposal submitted has been done by the PIU. Development of business plans involves
providing technical assistance to subproject proponents in order to get their alternative
livelihoods ventures off the ground. Included in this process will be identification of
information on resources and raw materials to be used as inputs, organizational plan,
operating plan, financial plan, and marketing plan. The business plan is essential in
various aspects: a) to commercialize the production; b) to rationalize the management
structure; c) to develop an efficient operation; d) establish roles and responsibilities for
participating members; e) to understand the risks and have a plan to deal with them; f) to
identify their niche and explore new markets; and g) to inform potential investors and
attract additional investment into the production.
d) Business and Marketing Support - The project will emphasize on assistance in
marketing for each approved business plan. A marketing expert will assist in the
identification and development of the potential niche markets, development of marketing
materials, advising on packing and product and service quality, and identification of
potential business partners/distributors where possible. Alternative livelihoods activities
will be undertaken at scale in order to ensure maximum returns and benefits for the
communities and the environment. The marketing expert will also ensure that each
business venture is registered with relevant Kenyan government authorities in order to
ensure continuous business support over the long term.
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4.2 Skills Training to Facilitate Transition to Alternative Livelihoods
54. In addition to supporting the development of business ventures, the project will provide
individual training necessary to build the skills of members of affected households including
fishers, their spouses and dependents. This is to assist community members to transition to
alternative livelihoods, based on training needs identified during the community mobilization
phase. This will be done by focusing on skill sets that supports small business development
and individual marketable skills. The types of training to be provided include:
a) Training in business development - A training program will be established for
beneficiaries under the project. This is to ensure that such participants develop the skills
necessary to sustain and maintain the development of business ventures and transition to
alternative livelihoods. This includes training in financial literacy, business management,
production, marketing, quality control and financial management. Beneficiaries whose
subprojects are already under implementation or have an approved sub-project are
eligible to participate in the training activities. These training activities will be
coordinated by the PIU at the County level and supervised.
b) Training in marketable skills - Training support for the attainment of marketable and
employable skills for individuals will be done in order to support those who wish to
transition to full time employment in other sectors or self-employment. Training in
marketable individual skills sets will be mainly in the areas of a) Mariculture; b)
aquaculture c) eco-tourism, d) agriculture and e) vocational education. These five areas
were selected to complement the current social, human and physical assets of the local
communities. Many are already engaged in livelihood strategies in these areas as they
attempt to diversify their own livelihoods and as such the project will be building on
existing knowledge and experience and will not necessarily have to recreate existing
social capital. The training under this section is aimed at supporting a) independently-
operated profitable enterprises, and b) employment or self-employment for individuals.
For training in Mariculture and aquaculture, the project will collaborate directly with the
Fisheries Department. Some of the training under eco-tourism in areas such as tour
guiding, and Coxswain and sea safety will be carried out in collaboration with the
relevant training institutions accredited by the Kenya Maritime authority and the Kenya
Tourist Board. Local vocational training centres under the Technical and Vocational
Education (TVET) will be asked to assist in providing training for vocational activities
and also assist in job placements/linkages for trainees as they are capable of providing
customized training programs.
4.3 Community Financing Procedures
55. Sustainable community-based business ventures designed under the project will be supported
by a sub-grant‘s mechanism. This mechanism will provide financial resources as initial
capital investment to support the start-up of the identified business ventures. The operation of
the sub-grant‘s mechanism will be according to an established process. Given the fact that
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livelihoods and displacement support is a restorative and mitigating measure, the grants will
not be competitive but rather targeted to those adversely affected by the implementation of
various project activities under KEMFSED. In the event there are left-over funds, then such
funds will be used to support other community-based projects such as water projects,
conservation of mangrove efforts and protection of identified cultural/sacred sites but the
same process must be followed. The following section outlines the structure of the
mechanism and how it is expected to operate
4.3.1 Eligible Applicants
56. Affected users (including their households) through their representative organizations such as
fishing cooperatives, Beach Management Units (BMUs) and network of VMGs will be
eligible to submit subproject proposals for funding. Consequently, the provision of funding
will not be competitive but based on the eligibility of the beneficiaries. Non-governmental
organizations (NGOs) and community-based organizations (CBOs) such as Village Savings
and Lending (VSL) schemes currently deriving their activities and livelihoods from marine
and fisheries resources in the project area are also eligible to apply on behalf of affected
users. These NGOs and CBOs are expected to be involved in assisting the communities in the
targeted areas to plan and carry out alternative livelihoods and diversification activities. This
type of engagement will provide an efficient, multi-sectoral delivery mechanism for
community-based interventions in the mitigation of the impact of the project in the lives of
the affected coastal communities while at the same time support the KEMFSED project in
realizing its goals. The legal status of the project proponents will also help to ensure
accountability and transparency in the management of the sub-grants.
4.3.2 Sub-projects Approval Process
57. Even though the process of selection of sub-projects is non-competitive, the process of
approval is still expected to be rigorous as follows:
58. Submission of Concept Paper – A completed concept paper will be submitted by project
proponents on alternative livelihoods for affected users of the reef and coastal marine and
fisheries resources. Project staff in partnership with local organizations will assist fisher
groups to complete project concept form.
a) Screening – The concept paper will be screened by the county project coordinating units
based on the eligibility criteria established and final approval will be done by the
National Project Steering Committee after due diligence is followed to ensure that all the
sub groups (VMGs, women, youths, disabled) have been included and that the process of
screening was transparent.
b) Community Mobilization and Planning - Once the project concept is cleared and
considered eligible, participatory consultations and planning will be held and will be
overseen by project technical staff.
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c) Technical Evaluation – Once full proposal has been received, a technical review
committee which includes business experts will review the application and recommend
the development of business plans, required for all grants. Business plans for small grants
will be at the discretion of the technical review committee.
d) e) Development of Business Plan – A business plan will be developed for regular sub-
projects and will act as a sort of feasibility study aside from being an investment plan.
Development of a business plan does not guarantee approval by the National Project
Steering Committee (NPSC).
e) f) Approval – The completed application and business plan will then be forwarded to the
Project Steering Committee for approval. The NPSC may approve, reject or request for
more information from sub-project proponents. The decision of the NPSC is final.
f) g) Notification of Decision – Applicants will be officially notified by the PIU on the
decision of the PSC. Successful applicants will then be advanced to the implementation
stage.
g) h) Implementation – The sub-project will be implemented directly by proponents under
the direction of the County Project coordinating Unit. A built-in feature of the project is
marketing support from the County Project coordinating Unit. This may be from
technical project staff or from external consultants hired to provide specialized marketing
support. Procurement of goods and services will be according to established guidelines.
h) i) Monitoring and Reporting – County Project coordinating Unit staff will conduct field
visits to sub-project sites and proponents will be required to submit periodic reports and a
final report on their project.
59. The sub-grants mechanism will be managed by the County Project coordinating Unit. Sub-
project proposals will be submitted to the County Project coordinating Unit and the National
Project Steering Committee (NPSC), made up of staff in the directorate of fisheries, and
social development stakeholders from various sectors will approve all subprojects. All
recipients of sub-grants must be legally established entities.
4.3.3 Eligibility Criteria
60. All projects regardless of type must adhere to the eligibility criteria, which include:
a. Target beneficiaries are affected users of the marine and fisheries resources in the
project targeted areas (county, sub-county and wards).
b. Applicant/proponent is a representative organization and is a legal entity (Fishing
association, cooperative, BMU, Network of VMGs, VSLs).
c. Proposed activities fall under one of the following:
i. Fisheries diversification initiatives that capitalize on eco-friendly fishing
activities such as sport fishing;
ii. Value-adding to final fishery products through processing, introduction of
standards, eco-labelling, utilizing fish parts that are currently discarded as waste;
iii. Poly-culture of marine products; and
iv. Community-based sustainable aquaculture, agriculture and tourism-related
activities. (Sub-projects with activities having to do with fishery must
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demonstrate environmental sustainability, social responsibility and economic
viability.)
d. Preliminary community consultation has been held.
e. Concept Paper submitted is complete.
61. As noted above, the scope of eligible activities recognizes that many fishermen do not wish
to simply give up their livelihoods and way of life that connected to fishing. Similarly, they
are likely to face greater challenges if the alternative taken up is completely different and
unrelated to existing individual and community assets and resources. Also, given the
importance of the economic viability of alternative livelihoods, it is strategic for them to be
connected to the stronger sectors of the local economy.
4.4 Employment in Project Activities
4.4.3 Employment Opportunities
62. There will be employment opportunities during the implementation of the project that will be
used to absorb some of the displaced members of the fishing communities especially where
their skills meet the job requirements. Interested and skilled members of the community will
be competitively hired to provide their services during the implementation of the various
project activities. The specific skills required will be determined after the project activities
have been designed and approved.
6.3.4 Notice of Vacancies
63. The NPCU will ensure that members of the fishing communities have the opportunity to
apply for open positions for which they qualify within the project. To ensure that they are
aware of such opportunities notice for open positions will be sent to the relevant fishing
associations, cooperative, Beach Management Units (BMUs), network of VMGs, local
administration offices, county department of fisheries, gender and social developments for
them to disseminate to their membership. The same notice will also be sent to out to other
partners and stakeholders in the fishing sector and will be distributed as widely as possible.
6.3.5 Hiring Process
64. Applications from fishers and community members from project affected communities will
automatically be considered. This however does not mean they will automatically be hired.
The actual hiring will be according to specific procurement guidelines established for the
project. The guidance here is simply to ensure that members of fisher‘s households and local
community members are given due consideration.
6.4 Gender and other Social Factors
6.4.1 Gender-sensitive Participation
65. Specific emphasis will be placed on gender equity, the participation of indigenous peoples
and civil-society organizations in the design and implementation of the alternative livelihood
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activities. During the preparation of the KEMFSED, local communities were consulted to
determine specific activities and target communities to be supported. Women were found to
play an integral role in harvesting marine resources both through their direct productive
involvement (seaweed farming) and social reproductive roles. Women are involved in
extraction as well as in the marketing of fish products (mama karanga). They are also
involved in a supporting role where they prepare materials and supplies for fishing
expeditions and manage the household‘s fishing income. Consequently, the project will
ensure that women have an opportunity to participate and express their own aspirations
during the identification and development of subprojects for funding. Gender related issues
that affect the well-being of fishing families or inhibit the participation of women will be
looked at. This is to ensure that they not only have effective participation but also gain
meaningful benefits. Further recognizing the role of women, the project will encourage the
spouses of fishermen to develop sub-projects and submit them for financing. Women will
also be given the opportunity to participate in all training activities carried out under the
project. Beyond being gender sensitive, the project will ensure that women have a role in
decision-making in order to benefit directly from project resources and strengthen their
structural position in a culturally sensitive manner.
4.3.3 Vulnerable and Marginalized Groups (VMGs)
66. Affected indigenous VMG communities (Watha, Saanye, Aweer/Boni, Washiratzi,
Watschwaka, Wakifundi and Wakifundi) will also be fully engaged to promote their
participation in KEMFSED project activities and in the development of alternative
livelihoods that are culturally appropriate. Sub-projects that promote or preserve the Culture
of VMGs will be considered for funding where the economic viability of the actions can be
established. Some of the suggestions from indigenous communities include strengthening
eco-cultural tourism including aspects of Watha culture, Saanye language, traditional dress,
cultural foods or the creation of cultural entertainment groups that support the economic
diversification in local communities. Preservations of Kaya Forests and other sacred sites
among the VMGs will be identified and preserved to help to community to promote their
heritage and eco-tourism activities. These opportunities provide win-win situations for
indigenous communities where their culture is highlighted and maintained while enhancing
their household income. Lastly, the Fisheries Department will consider formal agreements
entered into between the representative organizations of the VMGs, the participating county
governments and the Government of Kenya.
4.4.4 Civil Society Organizations
67. The role and engagement of civil society organizations including fisher‘s associations and
conservation NGOs will be a key feature of this project both in the promotion of KEMFSED
project as well as in the development of alternative livelihoods strategies for local
communities. There are local conservation organizations and Beach Management Units that
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have continuously engaged the targeted communities therefore the project will build on those
existing relationships and will avoid creating any new organizational structures within the
communities unless absolutely necessary.
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5 IMPLEMENTATION ARRANGEMENTS
5.3 Process Framework Implementation Responsibilities
68. The National Project Coordinating Unit (NPCU) and the National Project Steering
Committee (NPSC) will ensure the process framework measures are implemented and
complied with. The NPCU will oversee the implementation of KEMFSED project activities
and is responsible for the development and implementation of the project work plan,
implementation manual and budget and also in managing project resources and support staff.
The Project Technical Advisory Committee (PTAC) at the national level will oversee the
implementation of the policies, regulations, and procedures approved by the NPSC for the
project. The PTAC will liaise with the State Department of Fisheries and Blue Economy for
financial and fiduciary management matters, and with the Directorate of Fisheries and the
Kenya Marine and Fisheries Research Institute (KMFRI) for technical matters, as well as
with other KEMFSED implementation partners. The NPCU reports to and provides regular
reports to the NPSC on all aspects of project activities. The PTAC social safeguard technical
focal persons are responsible for providing technical guidance to approved sub-projects
under all the components including grants under the livelihoods support component of the
project. Three social safeguard specialists will be engaged to oversee the implementation of
the recommendations of the PF and RPF in Kwale, Kilifi/Tana Delta and Lamu counties.
This will include overseeing and providing technical guidance to the grant‘s application and
approval process for alternative livelihood projects.
69. The NPCU is furthermore responsible for the monitoring and evaluation of the process
framework. The NPCU will report to the Project Steering Committee on activities being
carried out under the framework along with other aspects of project implementation. The
NPSC will provide general oversight to the overall implementation of all components of the
KEMFSED project. Where required, the NPCU in consultation with the World Bank social
safeguards team will engage technical consultants to carry out project activities where such
technical expertise is required, and approval is obtained from the NPSC and the World Bank
provides no objection. Consultants will also be engaged to assist communities to mobilize
and engage in participatory planning. In all such instances, the NPCU will provide guidance
and oversight to the work of third-party consultants as it relates to the process framework.
The NPCU will also work in close collaboration with the Fisheries Department, the World
Bank social safeguards technical team and PTAC for the technical aspects of the project.
This is further described below.
5.4 Technical Coordination
70. The Project Technical Advisory Committee (PTAC) and the Directorate of Fisheries will
provide technical coordination of all activities regarding the implementation of KEMFSED
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activities, enforcement of fishing regulations and establishment of replenishment zones.
These two implementing partners will engage with network of Beach Management Units,
relevant county government departments in the participating counties, fishing communities
and stakeholders in the consultation process. The NPCU will provide all material support
necessary for the participation of stakeholder communities and will ensure that the process
framework is followed and that social and environmental safeguards are complied with. This
includes ensuring that there is full and proper consultation of communities regarding the
upgrading of the infrastructure at the fish landing sites and ports, and other KEMFSED
activities that can cause restrictions on livelihoods.
5.5 Grants Coordination for Alternative Livelihoods
71. The NPCU will collaborate with County Project Coordination Unit (CPCU) and the County
Technical Advisory Committee (CTAC) on the implementation of the sub-grants mechanism
to support alternative livelihoods for project-affected community members. The County
Project Steering Committee (CPSC) will oversee the activities of the CPCU and the CTAC to
ensure that the PF is followed. The main reason for this is because the three county
implementation structures are based at the grassroots level and can easily support the
implementation of the project activities. They can then report to the NPCU which will
eventually report to the NPSC. The County Project Coordination Unit (CPCU) and the
County Project Steering Committee (CPSC) will be responsible for overseeing the processes
involved in assisting communities plan, develop and implement subprojects.
5.6 Key Implementation Partners
72. The KEMFSED project will be implemented by the State Department of Fisheries and Blue
Economy as the lead agency in partnership with several government departments such as
crops, Livestock, directorate of fisheries, the National Treasury, State Department for
Environment and Forestry (SDEF), the Co-ordinator of Inter-governmental secretariat for
Agricultural Sector, Network of Coastal Beach Management Unit (NCBMU), Coastal Fish
Farmers‘ Organization and the Association of Fish Processors and Exporters in Kenya
(AFIPEK) at the national level; The participating county governments in the coastal shoreline
will be implementing agencies at the county government level. They will provide
implementation and oversight structures at the county level. Below the county level
implementation and coordination level will be community level implementation structures
mainly comprised of Community-Driven Development Organizations (CDDO). Community
level implementation structures will have sub-committees.
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6 GRIEVANCE REDRESS MECHANISM
73. Grievances and disputes may arise at several stages of the Project‘s planning and
implementation and may be related to project administration or may be a result of conflicts
between groups affected by the Project. Affected groups or individuals identified under the
Project should be made aware at every stage that grievance procedures are in place and be
advised on how they can access this mechanism.
6.3 Purpose
74. A Grievance Redress Mechanism (GRM) is required by the World Bank‘s OP 4.12 in order
to identify procedures to effectively address grievances arising from project implementation.
Persons affected by the project must have an avenue where they can formally lodge their
complaints and grievances and have them properly considered and addressed. A GRM can
help project management significantly enhance operational efficiency in a variety of ways,
including generating public awareness about the project and its objectives; deterring fraud
and corruption; mitigating risk; providing project staff with practical suggestions/feedback
that allows them to be more accountable, transparent, and responsive to beneficiaries;
assessing the effectiveness of internal organizational processes; and increasing stakeholder
involvement in the project.
75. It is very important that the project‘s management and staff recognize and value the
grievance process as a means of strengthening public administration, improving public
relations, and enhancing accountability and transparency. Consequently, grievance redress
will be integrated into the project‘s core activities. This will be done by integrating grievance
redress functions into project staffs‘ job descriptions and regularly review grievances data
and trends at project management meetings.
Sources of Grievances
76. Potential sources of grievances and conflicts as a result of administration of the Project
include:
Poor communication and facilitation;
Inadequate or lack of consultation;
Concern over exclusion in decision-making;
Dissatisfaction with levels of representation in the various project committees.
Discontentment regarding performance of mitigation measures (e.g., support from
alternative livelihoods);
Lack of transparency and accountability through the citizen engagement and
Sources of Conflicts
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77. Potential conflicts, which may arise between affected groups as a result of the Project may
include:
Competition for use of resources or disputes over access to a resource use area as a result of the
Project;
The identification and disagreement on boundaries; and
Competition over the sale or marketing of products.
78. For example, in the coastal areas, conflicts have arisen between villages over rights to fish
specific coral reefs that are known to be particularly productive. Migratory fishermen, who
may not seek permission to fish local waters from appropriate village authorities or who may
use destructive fishing practices, have come into conflict with local fishermen. Conflicts have
also arisen between tourism operators, and local villages, BMUs on landing sites primarily
associated with access and use of the foreshore and beach areas. There has also been conflict
between fishermen and dive operators over preferred coral reef sites. The development of an
MPA network has the potential to exacerbate such conflicts, as certain marine-based
livelihood activities are displaced and move to new areas. A redress mechanism is required in
the event that the previously-described provisions of the PF are not effective.
6.4 Principles of GRM
79. The KEMFSED GRM will adopt the following principles to enhance its effectiveness:
Equity No complaint is too big or small. All complaints received shall be treated
with the urgency and the attention they deserve. All Aggrieved Parties
regardless of their social standing, gender, political affiliation, religious
affiliation shall be given opportunity to be heard by the responsible
officers without prejudice.
Accountability The project outcomes should benefit the people in the targeted communities
and as such the Project Management is accountable to the people in the
communities, they operate in. The project should be responsive to the needs of
the community including their complaints and grievances.
Transparency Members of the community or aggrieved parties have the right to information
on the grievance mechanism, how to access it, who is responsible for handling
their complaints and the potential outcome of the processes.
Accessibility
All people in the target communities must have unrestricted and free access to
the GRM. The project shall publicize the GRM to all those who may wish to
access it and provide adequate assistance for aggrieved parties who may face
barriers of access, including language, literacy, awareness, finance, distance,
or fear of reprisal. The Aggrieved Party shall be kept informed at each stage of
the process.
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Anonymity The GRM will not disclose the identity(s) of the AP by name or otherwise to
maintain confidentiality
Timely
Response
This GRM should function promptly and speedily. Prompt action is not only
desirable from the complaint‘s point of view, but also from the management‘s
point of view. Since delay causes frustration and tempers may rise, it is
necessary that grievances should be dealt with speedily.
It is a common saying that justice delayed is justice denied. However, any
‗unnecessary delay constitutes another grievance. Settlement of grievances ―in
the shortest possible time and at the lowest level possible,‖ is the ideal one.
Some of these cases and incidences might require reporting to the WB Task
Team immediately.
Confidentiality Grievances will be treated confidentially. Complainant‘s names and personally
identifiable information will be kept in the strictest confidence.
Participatory
and socially
inclusive:
All project-affected persons – fishers, community members, members of
vulnerable groups, project implementers, civil society, and the media - are
encouraged to bring grievances and comments to the attention of project
authorities. Special attention is given to ensure that poor and marginalized
groups, including those with special needs, are able to access the GRM.
Building on
existing
informal and
formal dispute
resolution
flows
The GRM will build on existing structures of informal and formal dispute
resolution to enhance cost effectiveness. The GRM will rely on two existing
systems: informal dispute resolution practices (through the existing traditional
conflict resolution flows) and formal resolution practices (through existing
administrative and judicial flows by arbitration and courts of law). By doing
this, the mechanism can easily become acceptable as the majority of
stakeholders are already familiar with it.
6.5 Definition and Types of Grievance
80. For the purpose of the project‘s GRM, grievance is defined as an issue, concern, problem,
claim (perceived or actual) or complaint that an individual or group wants the project to
address and resolve. It is understood that when community members present a grievance,
they generally expect to receive one or more of the following:
g) Acknowledgment of their problem
h) An honest response to questions about project activities
i) An apology
j) Compensation
k) Modification of the conduct that caused the grievance
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l) Some other fair remedy.
81. The GRM will be designed to respond to four types of complaints that are likely to arise:
e) Comments, suggestions, or queries;
f) Complaints relating to non-performance of project obligations;
g) Complaints referring to violations of law and/or corruption; and
h) d) Complaints against project staff or community members involved in project
management.
6.6 Grievance Redress Guidelines
82. The GRM is being established at the field level for the KEMFSED project where matters can
be addressed immediately within the scope of the project‘s authority and activities. Given
that the project implementation partners are under the State department of Fisheries and Blue
Economy, it is expected that the department and the directorate of Fisheries and other
implementing partners will provide support to the National structures responsible for the
implementation and management of the project in the implementation of the GRM. The other
level of the GRM is at the national level. This includes the judicial levels where the process
is more formalized and complex and includes formal litigation. Also, at the national level is
the Office of the Ombudsman who is able to take up issues directly related to the project.
83. At the field level, the County Project Coordinating Unit (CPCU) will be appointed to
officially respond to grievances raised by individuals and groups of community members. A
GRM Committee made up of members of County Project Steering Committee (CPSC) and
County Technical Advisory Committee (CTAC). Other members of GRM will be
incorporated on ad hoc basis depending on the nature of the grievance to strengthen the
objectivity of the mechanism.
84. Grievances can be presented orally or in writing in person or by using information and
communication technology (telephone or email). Where presented orally, the CPCU must
ensure that the grievance is documented in writing.
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Figure 3: GRM Framework
Source: World Bank (2012a, 2012b)
6.7 Grievance Procedures
a) Registration - Community members can inform the PIU about concerns directly and if
necessary, through third parties. Once a complaint has been received, it will be recorded
in a complaints log or data system. The log will be kept in hardcopy or electronic form.
All reported grievances will be categorized, assigned priority, and routed as appropriate.
b) Sorting and Processing - This step determines whether a complaint is eligible for the
grievance mechanism and its seriousness and complexity. The complaint will be screened
however this will not involve judging the substantive merit of the complaint. The
following guide will be used to determine whether a complaint is eligible or not:
Eligible complaints may include those where:
The complaint pertains to the project.
The issues raised in the complaint fall within the scope of issues the grievance
mechanism is authorized to address.
The complainant has standing to file.
Ineligible complaints may include those where:
The complaint is clearly not project-related.
The nature of the issue is outside the mandate of the grievance mechanism.
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The complainant has no standing to file.
Other project or organizational procedures are more appropriate to address the issue.
85. If the complaint is rejected at this stage, the complainant will be informed of the decision and
the reasons for the rejection. The complainant will be given the benefit of the doubt and
engaged in a conversation before a decision to reject the complaint is made as complainants
often provide incomplete information. The PIU will try to truly understand the grievance
before responding. All complaints whether eligible or not, will be logged for reference.
86. When evaluating and investigating complaints the parties, issues, views, and options will be
clarified:
The parties involved will be fully identified;
The issues and concerns raised by the complaint will be clarified;
The views of other stakeholders, including those of project staff will be gathered;
The complaint in terms of its seriousness (high, medium, or low) will be classified.
87. Seriousness includes the potential to impact both the project and the community. Issues that
will be considered include the gravity of the allegation, the potential impact on an
individual‘s or a group‘s welfare and safety, or the public profile of the issue. A complaint‘s
seriousness is linked to who in the project‘s management needs to know about it and whether
the Project Steering Committee is advised immediately.
c) Acknowledgment and Follow Up - When a complaint is registered, the County Project
Implementation/coordination Unit (CPCU) through appropriate staff will acknowledge its
receipt in a correspondence that outlines the grievance process; provides contact details and,
if possible, the name of the contact person who is responsible for handling the grievance. The
CPCU will respond acknowledging the issue within 7 working days. In responding to the
complaint, the CPCU may seek and hold a meeting with the aggrieved party(ies).
Complainants will then receive periodic updates on the status of their grievances.
d) Evaluating, Investigating and Taking Action - This step involves gathering information
about the grievance to determine its validity, and resolving the grievance. The merit of
grievances will be judged objectively against clearly defined standards such as the
Environmental and Social Safeguards, Vulnerable and Marginalized Groups Framework
(VMGF), Resettlement Process Framework and other legal requirements and the Project
Operations Manual. For grievances that are straightforward (such as queries and suggestions)
these will be resolved quickly by contacting the complainant and providing an appropriate
response. Grievances that cannot be resolved at the project level will be referred to the most
competent authority.
88. In general, four basic approaches will be considered when evaluating what array of resolution
approaches to offer. These include:
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The GRM Committee proposes a solution.
The GRM Committee and the community decide together how best to address the
issue.
The GRM Committee and community defer to a third party to decide.
The GRM Committee and community utilize traditional or customary practices where
appropriate.
6.8 Implementing the GRM
89. The following measures will be taken to ensure that the GRM is effectively implemented.
a) Build Awareness of GRM – The GRM will be presented by project staff to community
members during the project inception workshop and during community consultations when
planning MPA zoning restrictions. Other ways to engaged community members in
implementing the GRM include the following:
Simple, visually engaging marketing materials will be developed. These will describe
the process for handling people‘s concerns and the benefits that can result. The
materials will also inform the local communities about where to go and who to
contact if they have a complaint.
Formal and informal meetings in local communities will be used as the main method
for building awareness about the GRM.
Communities will be consulted about any risks or fears they have associated with
using the system. Information about what else they might need to voice a complaint
and participate effectively in the mechanism will be elicited and used to update the
GRM.
b) Train Staff on GRM – Project staff will be educated about the GRM and its procedures.
This is to ensure that staff members are able to accept complaints, or to participate in on-the-
spot resolution of minor problems. The following will be considered when developing
training sessions for project staff:
Sessions will focus on why the grievance mechanism is in place, its goals, benefits,
and how it operates.
Roles and expectations of project staff (what to do if a member of the community
approaches them with a grievance, how best to respond to aggrieved stakeholders and
the importance of listening, remaining objective, and taking stakeholder concerns
seriously).
The constructive role of community dissent in project operations, by encouraging the
view that complaints and opposition are a source of valuable information that can
lead to improved operations, reduce risk, and develop a supportive relationship with
the community.
Emphasize that there will be absolutely no reprisals and the participation of
community members in the GRM does not diminish their rights or entitlements to
benefits from the project in any way. This same information will be shared with local
communities.
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7 MONITORING AND EVALUATION OF PROCESS FRAMEWORK
7.3 Purpose and Scope of Process M & E
90. The purpose of the process framework M&E system is to monitor the extent and the
significance of adverse impacts and the effectiveness of measures designed to assist
displaced person to improve or restore incomes and livelihoods. It is expected that
stakeholders especially fishing community who are likely to be affected by the
implementation of KEMFSED project activities partly due to introduction of new regulations
or reinforcing existing regulations due to implementation of new governance structures,
controlling of over-fishing, maintenance of fish stock levels and modernizing of fish landing
sites and fishing ports will actively participate in the M&E process. Those who benefit from
livelihoods restoration and mitigation assistance will also be expected to monitor and
evaluate the effectiveness of the alternative livelihood measures being undertaken by the
project.
7.4 Approach and Data Sources
91. Stakeholders will be involved in monitoring and evaluating project measures at different
stages and at different times. Their participation in discussing restrictions and upgrading of
port facilities will be from the outset of the project. They will assist with developing
equitable criteria for obtaining development assistance and will also assist in determining and
validating the effects of the new regulations and infrastructural upgrade in the fishing ports
and landing sites being put in place. Stakeholder participation will follow both the project
and subproject cycle starting from planning to implementation and evaluation. Sources of
routine and non-routine data to ensure proper monitoring and evaluation include the
following.
7.5 Information Management
92. Staff Field Reports – Staff will be required to document and report their activities engaging
with community members for every session or event. Reports will capture date and time of
events, attendance, summary of proceedings, agreements made and observations.
93. Consultant Reports – Consultants hired to work on project activities will be required to
submit consultancy reports on their activities and engagement with community members.
Data specific to participation in discussions on restrictive aspects of the implementation of
KEMFSED project activities and participatory planning for alternative livelihoods must be
part of the reports.
94. Sub-project Evaluation – Each alternative livelihood subproject will have an end-of-project
evaluation that is carried out using participatory methodologies. The evaluation will address
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the relevance, effectiveness and efficiency of the livelihood assistance being provided by the
project from the beneficiaries‘ perspective.
Non-routine
95. Project Mid-Term Evaluation – A mid-term evaluation will be carried out between year 2
and 3 of the project life cycle. This evaluation will address the relevance and efficiency of
project implementation to data and will integrated the results of the overall project M&E
system. A part of the overall evaluation will address the participation of affected persons and
communities in the identification and mitigation of negative impacts and livelihoods
assistance provided under the project.
96. Final Project Evaluation - A Final Evaluation will be carried out at the end of the final year
of the project. This will be the basis of the Government of Kenya‘s Completion Report on the
project. Both evaluations will integrate findings from the previous evaluation and will also
conduct overall assessments of project implementation to determine if the intended project
outcomes and results are being achieved. It will also address the issue of sustainability,
integration and other necessary follow up activities. As with the mid-term evaluation, the
final evaluation will include the implementation of the process framework within the overall
assessment and conclusions. The Mid-term and Final Project Evaluation will be used to
corroborate the appropriate consultation of communities, grievance redress and the
mitigation of adverse impacts.
7.6 Information Management
97. The National Project Implementation Unit (NPIU) will be responsible for implementing the
data collection system which will comprise of formative and summative data. Data will be
collected and processed by project staff during the implementation of the project and sub-
projects using various methods. Both quantitative and qualitative data which shows the
degree and quality of participation will be collected. Aside from standard tools to be used,
participatory methods will also be used especially to gather data on the effectiveness of the
livelihoods restoration and mitigation component of the project.
98. The National Project Coordinating Unit (NPCU) is responsible for the implementation of the
M&E for the process framework. The officer will be responsible for: (i) maintaining the
overall framework including implementation procedures, tools, and data flow; (ii)
strengthening the monitoring system to ensure sound output, process and outcome
monitoring; (iii) validating data; and (iv) promoting and encouraging use of data collected for
project management.
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7.7 Reporting and Information Dissemination
99. The NPIU and County Project Coordinating Unit is responsible for gathering, analyzing,
reporting and disseminating the information obtained from the M&E system. The NPIU will
report to the National Project Steering Committee on the results of all reports that covers any
and all aspects of the process framework. The NPSC will then use the information to make
decisions regarding project implementation to ensure the efficiency and effectiveness of
project restorative measures. Aside from the NPSC, the reports will be presented to the State
Department of Fisheries and Blue Economy as the fiduciary agency who will then submit
reports to The World Bank and the Adaptation Fund.
100. The NPCU will provide the information to community groups and representative
organization of fishing communities for their feedback and incorporation into their activities
as it relates to project implementation. Community members and stakeholders will have an
opportunity to review reported information and provide feedback.
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8 PUBLIC CONSULTATION AND DISCLOSURE
8.3 Stakeholder Consultations and Disclosure
101. A stakeholder consultation and disclosure workshops on the draft Final Process
Framework (PF) was held on 19th and 20th June 2019 at KEMFRI headquarters in
Mombasa. It was attended by several stakeholders who participated with representatives of
different organizations. They included: World Bank representative; Staff of the State
Department of Fisheries, Blue Economy and Aquaculture within the Ministry of Agriculture,
Livestock and Fisheries; KEMFSED Technical Project Preparation Team; County
Government staff who included; Chief Officers of Fisheries, County Director of Fisheries,
County Project Coordinator and Social Safeguards Officer/Social officer; representatives
from Central Government such as NEMA; several envisaged project implementing agencies;
members of fisheries Value Chain Common Interest Groups; Representatives of VMGs/IPs,
various representatives of special interest groups such as women, youth, the disabled,
Development Partners, Non-State actors and NGOs undertaking community-based value
chain activities. The list of participants and summary of issues discussed during this
stakeholder consultations and disclosure are appended on this safeguard instruments as annex
7.
102. Disclosure: After the stakeholders‘ consultation workshop and having incorporated all
comments by the participants; the PF will be disclosed by the client on the website of the
Ministry of Agriculture, Livestock and Fisheries (MOALF) website and the link shared with
the World Bank. A summary of the framework will also be advertised in the main local daily
newspapers. Subsequently, the framework will be disclosed in the World Bank external
website and all project documents updated accordingly.
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ANNEXES
Annex 1: List of Participants at consultation sessions
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Annex 2: Map of KEMFSED Project area in Kilifi
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Annex 3: Map of KEMFSED Project area in Mombasa
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Annex 4: Map of KEMFSED Project area in Tana River
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Annex 5: Map of KEMFSED Project area in Lamu
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Annex 6: Map of KEMFSED Project area in Kwale
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Annex 7: Minutes of Disclosure Workshop
MINUTES OF A DISCLOSURE WORKSHOP MEETING OF THE STAKEHOLDERS
AND CONSULTANTS HELD IN MOMBASA, AT KEMFI HEADQUARTERS ON 19TH
JUNE 2019
The meeting was called to order at 9:35 am, on June 19, 2019, at KEMFRI‘s meeting boardroom.
The meeting began with prayers followed with Individuals introducing themselves – by name
and the interests they represent. Even though most participants speak English, Swahili language
was recommended so that the message communicated reached in their native tongue. See
participants list attached as Annex.
1. Agenda
Validation of KEMFSED frameworks (ESMF, VMGF, SA, RPF and PF)
Presentation of individual frameworks by lead experts
Reactions by the stakeholders to the frameworks through comments, questions.
Consultants and technocrats‘ responses to the comments and questions raised by
stakeholders.
2. Introduction and Briefing on the project
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Technocrats, from KEMFRI, KEFIS and the ministry, Dr Jacob Ochiewo, Jared Agano, and Mrs.
Rose Koboge, Project‘s Technical Director then gave their opening remarks and briefs about the
project.
3. Presentations of frameworks
Prof Nyambedha, the head of MRDC, the research consultancy for KEMFSED, made a general,
high level introduction of the project area, scope - the counties and sub-counties targeted, the
methodology used – key informants, BMUs, fisheries officers, etc. He introduced the various
frameworks and the lead experts who would later present them to the stakeholders.
Presentation of ESMF by Dr Kurauka
Dr Joseph Kurauka, the lead expert on environment, made his presentation on ESMF. He
highlighted the focus areas, legal frameworks used in preparing it (NEMA Act, Vision 2030,
Constitution, etc), the methodology and literature review. He talked about the level of
consultations, mentioning some of the communities and institutions consulted. He talked about
free prior and informed consultation, interviews, FGDs and KIIs with county officials. He
showed images of group meetings as evidence of extensive community consultations. He also
showed maps of county boundaries with GPS coordinates on where the research team visited.
The maps also showed the targeted landing sites. He discussed in detail the effects (positive and
negative) of the proposed project on livelihoods, fish species, mangroves, coral reefs, water
pollution (oil spills in Lamu), hydrological changes, etc. He showed slides of areas which require
urgent intervention, including damaged and endangered mangrove forests, damaged bridges, salt
mines in Kilifi, water pollution (no toilets, etc, waste from Lamu and other continents), dust at
road construction. He also highlights mitigation measures.
Question / Comment / Feedback on ESMF:
Salim Ali Mohammed of Tuna Fisheries Alliance, Indian Ocean Network observed that the
impact of siltation on River Sabaki during South East Monsoon winds kills corals, rare species
such as turtles, and destroys their breeding nests. He also noted salt mining as a major challenge
in Kilifi County. He said that these issues have to be captured and asked how the project intends
to address them.
Kahindi Heri, Environment Officer, NEMA, Lamu County said that a strategic environmental
assessment must be done because the project is too big. According to him, the specific projects
under the main KEMFSED project will then require EIA to be conducted. He went further to
clarify the environmental laws. He asked Dr Kurauka to quote EMCA Cap 387 correctly. He
urged that since NEMA has done a lot of work on these regulations, the framework should speak
about EMCA regulations that are affected such as water quality regulations, noise regulation.
Responses to comments / questions on ESMF:
Dr Kurauka acknowledged that salt mining and siltation are major challenges, especially in Kilifi
County. He confirmed that these issues have been captured in the frameworks. He gave examples
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of conservation groups and organizations they spoke with, such as Kiunga Sea Turtle, those
protecting the red macabre, and various tree/plant species. He reiterated that resources must be
given to protect them. As for turtles, he said that there is need for more resources to motivate
fishermen. Whenever a fisherman catches a turtle, they should be able to capture the GPS
location, release the turtle and be paid for it. Otherwise turtles will be endangered and extinct in
a few years.
He noted that siltation poses both negative and positive effects. He gave the example of the Tana
River at the mouth meeting the Indian Ocean having a lot more mangroves than any other place
along the Kenyan coast as an advantage of a combination of siltation and salty waters.
About the pollution on Sabaki River, he traced the source to Nairobi and Athi River, which is
polluted mainly in Nairobi‘s Industrial Area, before it faces more pollution in other towns such
as Thika and Machakos. He talked of presence of heavy metals and industrial waste all polluting
the ocean. He advised that it is important to apply an ecosystem approach to manage these
challenges.
Dr Kurauka agreed with comment that strategic environmental assessment is important for huge
projects. He clarified, however, that this is a framework. He pointed out that if there was time, he
would have shown samples of EIAs for small projects e.g. for construction of landing sites. For a
sewer system in Lamu, a strategic environmental assessment will be necessary. About Cap 387,
he said that changes will be made as suggested. He further pointed out that reference to the
regulations/guidelines have been made in the detailed reports.
Prof Nyambedha explained that the project has not begun, that this is a framework, a guideline.
Specific project plans and assessments will be conducted once the projects begin.
Jared Agano – KEFIS also clarified that, laws and regulations and measures put in place are
sufficient to safeguard various risks. He assures participants that the project hasn‘t begun, but
that there is a framework that will guide the project once it starts to guard potential effects.
The meeting was adjourned at 11:20 am to enable participants have a tea-break.
The meeting was reconvened at 11:40 am.
Before the session began proper, Prof Nyambedha once again clarified that these are specific
frameworks which will guide the project implementation on key areas such as social,
environmental, VMGs, and not a concrete project plan. This was to dispel the misconceptions
about frameworks being the project plan.
Due to time constraints, the moderators asked that participants note down their observations,
comments or questions and would then be given time to engage / ask after all experts have
presented, rather than after each presentation.
Presentation of Social Assessment by Dr Peter Shimon
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Dr Shimon discussed observations made by researchers on the social and cultural dynamics. He
talked about the VMGs and the institutions - social and government - that work closely with
them. He discussed other thematic issues such as unemployment, youth, women, politics,
changing environmental and social landscape vs traditional methods of livelihood
(hunting/gathering), education, water access (salty water even upon drilling boreholes), main
source of livelihood (fishing), how communities may benefit optimally from the project –
through community consultations (local leaders – chief, village elders). He noted that it is
important for the agenda for meetings to be clarified ahead of meetings, and meeting venues be
made accessible (not too far from stakeholders). He also observed that meeting composition by
gender is crucial as women need to be spared from men so that their voices are not drowned.
Experts from outside need to consult closely with local communities. He highlighted the
importance for capacity building before projects start is due to high illiteracy level. He noted that
the project will raise capacity to fish. He cautioned against elite capture and advocated for co-
management. He observed that local communities would like to experience tangible project
benefits, and that it is important to compose committees that are inclusive.
Presentation of RPF by Prof Syaga
Prof Syaga talked about RPF, explained what RPF all is about, provided overview on WB
involvement. He gave the example of Ndakaini Dam project in which people were compensated
but there was no follow up as to what they did with their money, thus having many misusing the
funds. He noted that the WB tries as much as possible to avoid displacement of the people. Since
projects must be there and, in the event, government doesn‘t have land, private property will be
used. However, people must not be punished. They must be compensated for the property. Their
livelihoods must be restored so as to continue living as before. It must not be destroyed. He used
a matrix on his slides presentation to educate participants on guidelines on compensation.
Presentation of VMGF by Prof Nyambedha
Prof Nyambedha clarified the value of social networks, in part as an explanation to Prof Syaga‘s
presentation on the difficulty of placing valuation on non-tangible benefits. He noted that all the
counties targeted, except Mombasa, have VMGs. He highlights that the project targets all
communities along the coastline, without discrimination or favoritism of any specific group(s).
He assured them that all community members will be involved.
The session was adjourned at 1:40 pm to allow participants have a lunch break.
The session resumed at 2:30 pm.
Presentation of PF by M/s Pauline Ikumi
Dr Ikumi explained to the plenary that the Process Framework firstly, this PF is prepared because
KEMFSED may cause restrictions in accessing natural resources in legally designated parks and
protected areas. It also looks at the procedures and activities, interests and needs of stakeholders.
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She posited that the PF follows participatory framework and should be seen as a people‘s project
in which all key stakeholders take a role / are involved in deciding.
Questions, Comments Responses on various presentations of frameworks
Jane Njona, Kilifi Sub County
noted that albinos, though
physically disabled, are not
considered by this project and
should be brought on board / to
participate in consultations.
Mwalimu Ali, PWDs, Kwale
(VMGF, PF, and SA) was
concerned that he hasn‘t heard
much about persons with
disabilities and noted that VMGF
presentation had been specific
about ethnic communities. He
asked how PWDs can benefit. He
said that inclusion must also
consider PWDs, noting that
disability act allocates them 5% of
resources/representation.
Prof Nyambedha responded that although it may not have
come out strongly in the presentation, this is in the report,
and that if one looks carefully, they will find it well
covered.
Benjamin Kilaka, World Bank explained that the VMGs
were lumped together in the design of this project
(KEMFSED). He talked about the indigenous people not
being assimilated, and whose livelihoods are mostly in
the forests (hunter-gatherer), political representation –
none, education – low, socio-economically down, even
population is low. They cannot elect their leaders due to
low numbers. He pointed out that the Kenya government
argues that all Kenyans are indigenous, that the WB has
to go to the constitution: Article 43. GoK and WB agreed
on this definition. Goals of WB to eradicate poverty by
2030, and shared equality. He said that the physically
challenged are covered in that framework. He said that
the reason leaders are here is to engage with PIU to
sensitize communities.
Naima Twahi, Entrepreneur
asked, who indigenous people are.
She gave an example of her
parents having been born in
Lamu, moving to and settling in
Mombasa. Assuming they are
chased from Mombasa, where do
they go, since they have no place
in Lamu anymore?
Prof Nyambedha in response said that there is a
difference between indigenous and minority. Indigenous
doesn‘t have to be minority. The Kenyan Government
recognizes 22 communities as being VMGs. The World
Bank defines VMGs as people whose culture and
livelihood depend on natural resources such as forests.
Their language and culture haven‘t enabled them to
integrate well with other communities. Wakifundi,
Wachwaka, Waboni/Awer, Waelwana, Watta. Many
groups may be minority but not indigenous.
Naima Twahi, also pointed out
that the experts spoke of
representation. She asked which
one it should be, between
representation and decision
making?
On the issue of representation, Prof Nyambedha
responded that representation should not be just for
affirmative action. He said that the PF and VMGF have
M&E. M&E will interrogate and show if project is being
run in the required way. They must be seen to benefit, not
just to be seen to be represented.
To the question of representation, Benjamin Kilaka, WB
said that leadership is about popularity, yet the minority
do not have the numbers. Therefore, as leaders, the
stakeholders have to decide to apply affirmative action to
give seats. This, he said, it is within the constitution and
ensures inclusion.
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Athmani Mwambire, Watamu (on
Social Assessment) asked about
the enforcement of NEMA laws.
He singles out the issue of
monofilament fishing nets
(plastic, transparent, fish cannot
see), which is outlawed, but is still
widely used. He said that
fishermen are not involved in
making laws that regulate their
trade. These laws hurt fishermen,
why are the laws made that hurt
fishermen? Why were they not
involved?
Kahindi Kheri, NEMA (Lamu) said, in NEMA‘s defense,
that the NEMA has bi-laws, EMCA 387, and that
enforcement issues are due to NEMA‘s limited resources.
People want a good environment but do not wish to take
responsibility. Communities are hesitant to say who are
responsible for breaking environmental laws, making
enforcement difficult. He said that NEMA has safeguards
in the event of collusion or corruption – environmental
complaints committee, tribunals to investigate.
Mtengo, BMU chairman, said that BMUs can arrest and
seize illegal fishing equipment, but cannot enforce the
law alone. They do not have necessary support from
stakeholders. Sometimes culprits are armed at the time of
crime.
Salim Ali refuted the notion that monofilament fishing is
the problem. He questions why it is legal to manufacture
and sell monofilament, yet fishermen are outlawed to use
it?
Somo Somo, in a rejoinder said that the danger isn‘t in
their (monofilament) transparency, but in their destruction
of corals – once they have been dumped, they do not
decay like the fabric fishing nets.
Somo Somo, observed that
KEMFSED is an extension of
KCDP. They did not benefit from
KCDP. Only officers in charge,
women, youth, and few interest
groups benefited. He quotes the
disproportionate ownership of
boats by women who are also
dealers. Women also own other
resources. How about the men?
Jared Agano, KEFIS responded that the project aims to
build further upon the gains and capacity building of
KCDP. But it is not KCDP‘s continuation.
Somo Somo, also noted (on RPF)
that resettlement / compensation
should consider further effects
such as relocation and separation
of spouses over lengthier period
of time.
Prof Syaga noted that all his reports (RPF) incorporate the
human rights element.
Said Ali Chufu (on VMGF)
observed that tribes are an ageless
concept that did not start today.
Those which alienated themselves
from the rest of the societies still
have the same issues which drove
Jared Agano said that a team has been constituted to look
into issue of all grabbed public landing sites, came to the
ground, report ready, at the national office of the land
commission.
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them away. They should be
consulted on why they keep
alienating themselves / what
drove them away.
Said Ali Chufu said that chiefs are
involved in all government land
compensations and that all
grabbed landing sites should be
returned and non-gazetted ones be
gazetted.
On Land Policy, Prof Syaga said that the NLC was to
recover all irregularly allocated land. They would not
know without communities showing them.
Mohamad Athman, Lamu County,
Project Coordinator – KEMFSED,
asked Dr Kurauka to adjust
components to be consistent with
KEMFSED (3 vs 4 – 1.2 was
removed).
Rose Koboge clarified that there have been revisions on
the WB components. Component 3 was too complex and
there was no money to implement.
One participant asked that they be
furnished with necessary
information and tools since
officers will need documents
ahead of implementation.
(on ESMF) Salim Ali
Mohammed, Indian Ocean Body
Network - noted that there are
plain historical sites - without any
structures (e‘g‘ Sadaka ya Pwani)
– how shall these be handled?
(on RPF) - Salim Ali Mohammed,
Indian Ocean Body Network (on
ESMF) also asked that with gaps
existing between EACC or NLC
valuations, which ones will be
used?
(on PF) Salim Ali Mohammed,
Indian Ocean Body Network (on
ESMF) said that local
communities should be given
priority in allocation of job
opportunities before others are
considered.
It was agreed that all the summary reports will be availed
to them.
Prof Syaga asked, how the ocean resources can be
quantified to the extent that we can put a price to them,
say when there‘s destruction.
Isak Aboubakar, appealed to
people who use VMGs for their
own personal gains to stop
Prof Nyambedha on representation of fishermen in
decision / law making. He said that fishermen gave
feedback that corruption is rampant. BMU should be
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immediately. He said that the
practice is rampant even in county
government tendering processes.
He asked officers to desist from
trading with government through
their companies or proxies. He
also cautions that stakeholders
must be vigilant to ensure that the
project doesn‘t go the KCDP way.
All recommendations by
consultants should be
implemented to the letter.
Charles Janji Nyadhe, BMU
Network said that the government
institutions are not pulling
together, which is a problem to
stakeholders. He said that
harmonization is necessary for
report‘s implementation to be
successful. All (NEMA, KWS,
Police, etc) should be involved in
consultations / meetings.
empowered to arrest.
Jared Agano, DG, KEFIS said that the creation of the
laws involved everyone from grassroots through to Senate
and national assembly, before amendments and then
signing into law by president. Involvement may be done
through representation. He said that the BMUs are
empowered to arrest or confiscate equipment of
fishermen breaking laws, and hand over to the police. He
pointed out that women have been given 30%
representation. He adds that the laws, made in 2007, are
currently being revised.
Tom Ng‘ar, Coast Development,
asked in what ways it is possible
that compensation may not benefit
the women.
Tom Ng‘ar also asked Prof Syaga
(on RAP) why he could not learn
from other areas (even outside
Kenya). He asked if Prof Syaga
has looked at other Kenyans who
are satisfied? He noted that many
are still languishing in poverty
despite compensation.
Tom Ng‘ar also noted that he was
not seeing where private
partnership is involved in the
project.
Prof Syaga said that valuation is never done without
benchmarking. He clarified that valuation is not
theoretical but must be practical. He gave examples of
various countries he has travelled to for benchmarking
purposes. He informed participants that before a report is
accepted, it must demonstrate where benchmarking has
been done. He noted that the challenge is to cover every
interest and how do to implement. He also noted that
human rights demand for adequate and prompt
compensation, but how does one know that it is adequate?
This, he said, is why/where we call all experts –
sociologists, anthropologists, environmentalists,
economists, etc. He asked how to bring in social networks
and human rights into compensation. He questioned if
they can be converted into money. He advised that
compensation does not end with money. As a first step,
one has to see how affected people continue with their
livelihoods. The second step will be the person doing
RAP physically going door to door, with government
representatives present, and the property owner and land
valuers present. All have to sign. He warned that at the
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moment, we do not yet even know what will be approved.
That time will come. He said that what we are giving
them is a framework on what to look for while preparing
that RAP.
Kokota Tchavati Mduze, on
mariculture, he said that he hasn‘t
`seen clauses that will help
improve mariculture projects.
―We do not have hatchery set ups.
What are the measures you have
put in place? On environment &
mangroves, he said that they have
nurseries. But they now have
challenges, such as bags used
being banned by NEMA. What
measures are there to improve the
situation?
Jared Agano, informs participants that mariculture and
hatcheries have been extensively covered in the project.
Adero, Nature Kenya said that
they have documents that are
important for the protection of the
ecosystem. She encouraged
stakeholders / experts to make use
of these documents.
AOB: With the comments, questions and responses session over, the moderators shared a
few closing remarks.
Madam Waka noted that this meeting is just the beginning. She urged stakeholders to keep
talking, discussing, and engaging, for the better implementation and benefit of the communities.
She said that their offices are open for questions, comments, so anyone can pop in.
Benjamin Kilaka, WB thanks participants for their participation, and for taking time to discuss.
He noted that this is a milestone in the KEMFSED project. He said that from here, the project
will go to the appraisal level after tomorrow. He observed that he realized that many
representatives were civil societies and urged them to keep government on its toes. He
challenged leaders to integrity test following Prof Syaga‘s appeal to the same. He also
challenged participants to tap into the positive energy and talent they had demonstrated towards
the improvement / betterment of our people. He cautioned that this was a loan, not a grant. He
said that after the meeting with the VMGs, consultants will update all the instruments. He
reminded stakeholders to do the work. He said that their office is open and he can be called or
texted. He will listen.
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Kenya Marine Fisheries and Socio-Economic Development (KEMFSED) Project 68
Gomu, County Government of Mombasa, gave a vote of thanks. He thanked everyone for
coming, consultants for their work/input. He said that the purpose of the project was to uplift the
livelihoods of Coastal people. He noted that is their project. It was about creating alternative
livelihoods. He said that counties are actively involved in the implementation of project.
Adjournment
The meeting was adjourned at 5:30 pm after a prayer. The next meeting will be held on 20th
June
2019 with VMG representatives.
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Kenya Marine Fisheries and Socio-Economic Development (KEMFSED) Project 69
MINUTES OF A DISCLOSURE WORKSHOP MEETING OF THE STAKEHOLDERS
AND CONSULTANTS HELD IN MOMBASA, AT KEMFI HEADQUARTERS ON 20TH
JUNE 2019 WITH VMGs & OTHER INTEREST GROUPS REPRESENTATIVES
The meeting was called to order at 10:00 am, on June 20, 2019, at KEMFRI‘s boardroom.
The meeting began with prayers followed with Individuals introducing themselves – by name
and the interests they represent. It was agreed that due to the composition of workshop
participants, Swahili language be used to make presentations and deliberations. Moderators
inform participants that all presentations by experts will be done first before they make
comments and ask questions.
See participants list attached.
1. Agenda
Validation of KEMFSED frameworks (ESMF, VMGF, SA, RPF and PF)
Presentation of individual frameworks by lead experts
Reactions by the stakeholders to the frameworks through comments, questions.
Consultants and technocrats‘ responses to the comments and questions raised by
stakeholders.
2. The lead consultants present the various frameworks in this order: SA, VMGF, RPF,
ESMF then PF.
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Adjournment
The meeting was adjourned briefly to allow for tea-break.
3. Question / Comment / Feedback / Response Time:
Jared Agano, KEFIS went over the comments and questions from the previous day so as to
ensure participants are aware some of the issues addressed, and to avoid redundancy.
He mentioned that there is a misperception that the target of KEMFSED is to build Shimoni port.
He clarified that this is not KEMFSED‘s goal. In case of such a plan, consultations similar to
these shall be undertaken.
After brief deliberation, it was agreed that all participants be allowed to ask their
questions, regardless of repetitiveness / redundancy with the ones from the day before.
Questions and Comments Responses on various presentations of
frameworks
Bajina, Kipini East Ward, Tana River County
commented that there are factors considered
in different groups (women, youth). He asked
about PWDs who equally stay within the
project target area and even use sea resources.
He asked about epileptic people who die at
sea in the event of attacks. He urged that the
project plan should incorporate them since
they can‘t go into boats to go fish so
alternatives should be sought for them.
On Land, Bajina, Kipini East Ward, Tana
River County said that land is an unavoidable
debate. He cautioned that bad politics may
creep onto the project. He urged communities
to watch out against peddlers and inciters who
will be out to derail the implementation of the
projects. He appealed to them to ensure local
leaders (chiefs, ward admins) in the event
issues come up – such as land disputes on
public land. He pointed out that there are
grievance mechanisms, but such may delay
the process of bringing development to the
grounds. He urged communities to find
solutions locally as courts take long and
projects stall due to litigation.
Bajina, Kipini East Ward, Tana River County
Jared Agano, KEFIS, on access to reports
informed the participants that the reports are
public domain, if they need them. They are
available on WB websites, but they can also
pass by their representatives and they will be
able to get them.
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asked that leaders be furnished with the info
presented so that they too are equipped to
share the same with their people on the
ground. In the event they are not able to
answer, they would refer to the right experts.
Mchambi, Jimbo, Vanga, Kwale said that just
as they were on the ground, gave their views
on the project, so should the project follow a
same approach. A work plan should be made
in which the team goes back to the ground to
help avoid many questions and suspicions.
On market access, Mchambi, Jimbo, Vanga,
Kwale said there is no market. He wondered
where the improved catch would be.
On greed, Mchambi, Jimbo, Vanga, Kwale
said that some professionals working on the
ground are corrupt. He accused them of lack
of accountability, with projects ending
without tangible, visible results, and no one to
ask.
On discrimination and division, Mchambi,
Jimbo, Vanga, Kwale advised that first
priority be given to people on the ground.
Leadership be given to local people without
discrimination, without consideration of
disability or else. It is divisive. He said that
design, procurement, costing of equipment
should be transparent. He also asked that
evaluation be done at least every 6 months.
Don‘t wait for too long, then drive in in big
cars to show off.
He also said that the project design is good,
but discriminatory in some respects. He
decried the splitting of people into groups as
it isn‘t healthy. He noted that even BMU
leadership composition takes care of diversity
/ interests.
Shikami pointed that prioritization would
follow the PICD process. Leaders, chiefs,
county reps will be involved. All consulted /
involved.
A participant asked Rose Koboge why the
project is targeting the ocean yet Rivers (Tana
etc) have fish too. Fishermen have equipment
and catch fish as well.
Shikami, on focus on ocean and not rivers,
remarked that all projects have limits. He said
that KCDP targeted all communities at the
coast, but that it didn‘t benefit all. KEMFSED
focus is channeled to Ocean fishing due to the
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potential of exploiting the unreached high
seas. The whole world is focusing Blue
Economy. The ocean is the epicenter of the
blue economy, not rivers and lakes. If Tana
River is taken, even other rivers will have to
be considered. Lake Victoria exploits more
than the Indian Ocean.
Kami, VMG chairman, Tana River asked
Peter Shimon to change Waata & Waatha to
WATTA and Abagaaza to Abagaasa on the
SA documents.
Comment was received and changes made
accordingly.
Kami, VMG chairman, Tana River also asked
Dr Kurauka how harvesting / spraying destroy
the environment. He also questioned why
Taita Taveta is on the map, yet there is no sea
or river.
Dr Kurauka clarified that Tana River County
appeared on the map only by virtue of being a
neighboring county to Kwale County.
On representation, Kami, VMG chairman,
Tana River asked Dr Ikumi what criteria will
be used to involve them in the project.
Dr Ikumi on composition / involvement noted
that everyone will be involved. She assured
the participants that this is just a framework.
They will have to prepare the criteria to guide
the process to ensure all are on board.
Kami, VMG chairman, Tana River also
questioned if farming activities such as
growing maize, keeping livestock, rearing
chicken will also be considered in the project.
Dr Ikumi on the question about maize and
chicken farmers, said that we can‘t specify
individual projects in a framework. She said
that we didn‘t go into that level of detail and
that it will be for the communities to decide.
Jared Agano, KEFIS DG observed that the
maize and chicken farmers have been listed as
alternative sources of livelihood.
Kami, VMG chairman, Tana River wanted to
know when they shall plan for the project –
prioritization and budget planning.
Jared Agano, KEFIS said that even this
meeting was part of planning. He noted that
the planning started in earnest around Jan
2008. He said that counties had already given
their budgets and that the team was working
on costing. He assured participants that the
plan and budget were being refined.
Shikami added that money had been set aside
in blocks, not the complete amount. There
was no need to panic as they would be
involved at the right time before project starts,
especially community projects.
Kami, VMG chairman, Tana River asked how
it shall work out with VMGs, yet they have
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integration of all. He questioned how it will
be ensured that the minorities / VMGs
benefit, for example in the BMUs.
Hassan, Watta (to the WB) expressed their
gratitude for previous projects. He asked why
projects are ended prematurely before they
get to their fruition. He also asked the WB
how they will ensure that money for the
project shall not delay. He gave the example
of a 5 year project funded in the last 2.5 years.
Benjamin Kilaka, WB in response to
Hassan‘s / Kombo‘s questions on Watta and
premature end of project said that whenever
the government of Kenya wishes to borrow
money, they send a concept to the WB, if
approved, they are asked to write a proposal.
This includes the estimates. Then frameworks
are written – ESMF, RPF, VMGF, etc. The
frameworks give a guideline on what to do in
case there are certain negative effects on the
society, environment. Also highlights how to
safeguard VMGs to ensure they too benefit.
These are requirements of the WB, before the
release of money. What we are doing is to
ensure all issues are looked at and ironed out
before money is released. WB is a business
entity; its money does not delay. From the
WB to the government accounts……. up to
fisheries accounts, project accounts and
county accounts. If communities are asked
what projects they wish to do, by the time
they start to write proposals (takes 6 months
to approve), sometimes government financial
year closed, and then say there is a 3-month
delay ……. They easily have a one-year
delay. He observed that KCDP had similar
challenges of delay. He advised them to be
prompt to ensure things move, support groups
to have all requirements in place
(composition, registration, accounts).
Mr Kilaka urged participants to ensure they
propose projects in good time to avoid delays.
Hassan, Watta, (on communication), asked
how they shall do the reporting. He asked if
they shall be facilitated with communications
experts, how it will get to the communities
and if the information will be published.
Mr Kilaka, WB, on reporting, said that it shall
be done through PIU (project implementation
unit) where all officers involved will have to
furnish their names and qualifications before
appointment.
On communication, Mr Kilaka urged
participants to make constructive noise, to
engage them constructively. He cautioned that
the WB can only professionally advise and
guide, not interfere with the sovereignty of
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Kenya and its people.
Jared Agano, KEFIS on communication
strategy noted that there is a structure in
place. He said there is a project
implementation manual – at the draft stage.
He promised that it would be availed at
county and national government offices where
anyone can access it. It spells out how project
will be run / handled.
Riziki Bwanake, Tana River gave an example
of a community that were once relocated,
taken to Kipini Division. Now the project was
completed but they haven‘t been resettled.
They are not sure if to go back or stay. How
will KEMFSED project ensure clarity?
Benjamin Kilaka, WB said that it is
unfortunate if there are people who were
moved and that they haven‘t been resettled.
He asked that it is best to share (on the side)
details of the affected community.
Ibrahim, questioned (the WB) why VMGs are
empowered groups. He noted that KCDP had
similar approach focusing on community
service and livelihoods. He said that
KEMFSED is focusing so much on VMGs.
He asked how communities are benefiting.
Also, he noted that not all VMGs are
registered.
Mr Kilaka pointed that no one is forced to
join a project (proposed by the majority
groups). He appealed to them to not propose
projects which require cost sharing, knowing
full well that the VMGs will not be able to
afford, thus locking them out, benefitting only
the financially able majority. He noted that
the focus on VMGs was due to the WB‘s
mission of eradicating poverty by 2030, to
ensure shared resources, and to ensure
equality. He highlighted that the VMGs
framework was based on OP 4.10 and
Constitution of Kenya Article 56. He assured
participants that they will update their
documents to include albinos in physically
challenged group.
Hassan, Watta referred to their experience
with KCDP showing that some components
were not implemented, yet they were in the
project and they are very vital. He wanted to
know how they shall ensure this is done this
time to help get communities out of poverty.
He also sought to find out how this project
shall be ensure that the local fisherman feels
that it uplifts his standard of living – socially
and economically.
Shikami clarified that KEMFSED will be a
bigger project that KCDP. There will be
better planning and more empowerment on
the local communities.
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Rose Koboge clarified that KEMFSFED isn‘t
like KCDP. It has components that will
incorporate all regulations relating to marine
and fisheries. Component 1 – infrastructure:
1.1 – Policy & Management. 1.2 BMU. 1.3
Fisheries – all headquarters to be placed under
one roof. Hatcheries to be catered for,
research centre to be based at Shimoni, Kwale
County. Fish preservation / value add.
2nd
component: Improving livelihoods of
coastal communities. Be it maize farming or
rearing chicken. Nobody will impose a project
on you. It is you to decide. There will be civic
education and capacity building. They will
then be empowered to consult you on your
priorities and wishes. You will be given
proformers to list the projects and ask for
support. KEMFSED will not discriminate or
favour VMGs. They must be part of the
community projects. Whatever you decide to
do, if you don‘t have the skills, you will be
trained and equipped to do so. Today was
only to explain about safeguards.
Communities will be engaged at the
appropriate time later.
3rd
component: Planning, budgeting, costing
She went in detail to describe the various
components to the participants.
Jacob Kokan, commended the WB for its
policies and recognition of VMGs and
minority groups. He asked whom they should
reach out to in the event of grievances, as they
often get victimized / drowned by the
majority groups. He asked if they will have a
channel to air, otherwise we will be overrun.
Benjamin Kilaka, WB, assured the VMGs
that in case of need to reach out to him / to
escalate, he gave them the go ahead to take
his number from the attendants list, to call or
text him and he will respond.
Jacob Kokan asked Jared Agano, the DG,
KEFIS what measures had been put in place
to ensure top leadership have VMG
representatives.
Jacob Kokan also questioned how
accountability / transparency will be ensured
in procurement.
Benjamin Kilaka, WB noted that KEMFSED
Project is not for VMGs or any specific
group. That it is for everyone, but with a
focus on ensuring VMGs are not left out.
Mr Kilaka reassured participants that the
frameworks have been prepared with M&E to
ensure all frameworks are adhered to. If not,
the WB can take drastic measures, even
withdraw funds. He noted that indigenous
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people have rights too, and this is why there is
a focus on them.
Benjamin Kilaka, WB on project visibility,
noted that the project will have pictures and
videos taken throughout and shared with
stakeholders. He urged them to ensure no
undeserving sub project were covered.
Benjamin Kilaka, WB also said that the WB
follows up with the government to ensure
money is used in the right way.
On compensation, he asked Prof Syaga where
it is coming from, who is this who will decide
to relocate and compensate them, yet they are
the ones to decide on projects.
Prof Syaga noted that if personal property is
affected, one will have to be compensated for
displacement for the benefit of all. One will
have to be given ample notice. Information
will be given about how long livelihoods /
social benefits will be interfered with before
project completion. Prof Syaga also remarked
that compensation isn‘t only monetary. There
are other benefits such as training,
scholarship, loans to start businesses.
Prof Syaga noted that a framework is like a
policy / constitution. During implementation,
reference shall be made to the framework. It
will specify the shares for each interest
groups. He said that further consultations in
the next phase will be at the local level
(chief‘s / assist‘s office) and that this is still a
top level awareness phase.
One participant‘s noted that according to
fisheries laws, one has to pay to be a member
of a BMU. He also noted that a fisherman has
to have a license. He faulted fishermen for not
following the law.
Saida Azwad, Kipini on vetting process,
commented that they can‘t register a
fishermen in a BMU without background
checks. She said that this is important for
enhancement of security.
Kombo on BMU representation / leadership
recommended that the remaining 30%, 1/3 be
set aside for VMGs. BMU elections takes
place every 4 years. How will VMGs be
incorporated for those who have already held
elections?
Jared Agano, KEFIS on non rep of VMGs on
BMUs pointed that BMU guidelines explain
how different groups are supposed to be
involved / represented. Boat owners are
entitled to 30%, fishermen without boats to
30%, fish mongers to 10% (proposal on to
increase to 30%), others 10%. He hoped that
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even VMGs will find representation in the
revised law since they don‘t have numbers to
vote them in.
Kombo on civic education / capacity building,
suggested that VMGs be educated on what
opportunities exist for them.
Kombo on valuation, also remarked that one
cannot contribute on compensation debate if
they don‘t know their rights.
Ibrahim also noted that they (VMGs) don‘t
know their rights, there is no civic education,
yet there were clauses quoted about land,
compensation and resettlement. He
questioned how an illiterate person can
bargain for fair compensation.
Benjamin Kilaka, WB said that civic
education will be done, but he couldn‘t
guarantee capacity building from their side as
it was the responsibility of the government.
Prof Syaga, on valuation/compensation,
clarified that valuation happens live, on site. It
starts with surveyor, beacons are placed.
Where there is no registration, it‘s called
community land. They may not have
boundaries. In that case, the surveyors go
back to the law. In the event community land
is taken, compensation goes to the county
government (the trustee until it‘s registered).
Otherwise registered community gets
compensated. Without that, county
government is their representative. Regardless
of ownership, surveyors go to the ground
physically with the chief who knows the
owners. Everyone appends their signature on
the inventory.
Prof Syaga advised participants to ensure
community land is registered when they go
back home. He assured them that they don‘t
have to understand the law for them to receive
fair compensation because there are
guidelines and market rates.
Adjournment
The session came to an end at 5:30 pm. A participant led the gathering in a word of prayer.