PROPOSAL FOR GEF FUNDING

National Capacity Needs Self-Assessment for Global Environmental Management

(NCSA)

Country name: Kenya

Project Title: National Capacity Needs Self-Assessment

GEF Implementing Agency: United Nations Environment Programme

GEF Operational Focal Point: Director General, National Environment Management Authority

National Executing Agency: National Environment Management Authority (Kenya)

Kapiti Road

P.O.Box 47146, Nairobi, Kenya

Tel: 254 2 609013

Country Eligibility: Kenya is eligible for funding under paragraph 9(b) of the Instrument and meets all other eligibility requirements for GEF funding.

Convention participation:

Convention / Date of Ratification / Accession / National Focal Point
UNCBD / 29/7/1994 / Prof Michael Koech, Executive Director NEMA
UNFCCC / 30/8/1994 / Prof Michael Koech, Executive Director NEMA
UNCCD / June 1997 / Prof Michael Koech, Executive Director NEMA

GEF Financing: $157,000

Government Contribution: $11,500 (in kind)

Estimated Total Budget: $168,500

Estimated Starting Date: November 2002

Duration: 9 months

LIST OF ACRONYMS

ASAL - Arid and Semi Arid Lands

CDI - Capacity Development Initiative

COP - Conference of the Parties

GEF - Global Environment Facility

GoK - Government of Kenya

IMCE - Inter Ministerial Committee on Environment

MEA - Multi-Lateral Environmental Agreements

MENR - Ministry of Environment and Natural Resources

NAP - National Action Programme

NBSAP - National Biodiversity Strategy and Action Plan

NCCACC - National Climate Change Activities Co-ordinating Committee

NCSA - National Capacity Self Assessment

NDP - National Development Plan

NEAP - National Environmental Action Plan

NEC - National Environment Council

NEMA - National Environment Management Authority

NES - National Environment Secretariat

NRP - GEF National Review Panel

POPs - Persistent Organic Pollutant

PRSP - Poverty Reduction Strategy Paper

SBSTA - Subsidiary Body for Scientific and Technical Advice

UNCBD - United Nations Convention on Biodiversity

UNCCD - United Nations Convention to Combat Desertification

UNCED - United Nations Conference on Environment and Development

UNDP - United Nations Development Programme

UNEP - United National Environment Programme

UNFCCC - United Nations Framework Convention on Climate Change

UNITAR - United Nations Institute for Training and Research

WSSD - World Summit on Sustainable Development

I. Background, Context and Related Work

Sustainable Development Context

1.  Kenya has a great diversity of biological resources that are, either directly or indirectly, the basic livelihood source for the majority of the population. Efforts are being made to ensure improved sustainability of biological resources but increasing pressure from population growth and poverty has introduced major challenges. International consumption and trade patterns also impact on the way biological diversity is used and conserved.

2.  Desertification and land degradation has become a major environmental and socio-economic problem in Kenya, adversely affecting 80% of the land surface area, which supports approximately 30% of the population and 50 % of the livestock sector. Increasing incidences of drought, intensified by climate change and human behaviour, are accelerating poverty levels and seriously impacting vegetation cover. Drought has also adversely affected wildlife, the basis of Kenya’s tourism industry, whilst sea level temperature rise and subsequent coral bleaching are affecting coastal tourism and marine resources. Persistent Organic Pollutants (POPs) are a serious threat to human and ecosystem health in Kenya, particularly after torrential rains when water sources become polluted with agro-chemicals from farms

3.  The Government of Kenya has promoted conservation of biological diversity using a number of approaches, including the establishment of a wide range of protected areas, gazetted forests and marine parks. These protected areas are home to a wide range of flora, fauna and microbial diversity and also provide important ecosystem services. Overexploitation and habitat destruction is now seriously threatening the biological diversity. Empowerment of the affected local communities is seen as critical if the current rate of the deterioration of fragile ecosystems, particularly in the dry lands of Kenya, is to be reversed. The government has banned many of the individual substances that form POPs, but they are still used in mixtures or cocktails with varying trade names, particularly as pesticides.

4.  National concern with environmental issues was reflected in the National Development Plan (NDP) 1997 – 2001 which recognises that one of the major challenges to be faced is the promotion of industrialisation without compromising the ability of the resource base to meet the needs of future generations. The NDP for 2002-2007 aims to stimulate sustained economic growth through effective management and has implementation of prudent macro-economic policies as its key objective. Environmental management tools, including laws relating to the management of internationally shared resources, cross border issues, environmental economics and accounting and environmental impact assessments have become priorities for effective environmental management.

Environmental Institutions

5.  As of 1st July 2002, the National Environment Management Authority (NEMA) is the institution responsible for overseeing the management of environmental issues in Kenya. NEMA is the designated National Focal Point on matters pertaining to the implementation of the Rio Conventions as well as for the GEF. The establishment of NEMA has superseded the role previously played by the National Environment Secretariat (NES). The NES was established in 1971 and, in 1974, was given higher status by being transferred to the Office of the President and charged with the co-ordination of national efforts in environmental matters. In 1980 NES was transferred to the Ministry of Environment and Natural Resources, where it has remained as a technical department headed by a director. In 1994 the NES founded the Interministerial Committee on Environment (IMCE), which is a multi-sectoral and multi-disciplinary team whose membership is drawn from relevant Government/Department, NGOs, Research Organisations, Public Universities, Private Sector and other interested parties. The IMCE relies on a series of sub-committees: The Biodiversity sub-committee is responsible for implementation of the Convention on Biological Diversity, other sub-committees include the IMCE Committee on Desertification and the National Climate Change Activities Co-ordinating Committee. (Annexes 1a-1c list committee members).

6.  In recent years it has been recognised that the large number of line ministries under the general umbrella of 'environment' are operating independently of one another, each with their individual sectoral strategies and programmes. Not only is this not conducive to sound environmental management, but it results in actions that do not necessarily address or respond to a clearly defined list of national priorities. A major issue has been that the real capacity for environmental management was not residing in the institution charged with the collective responsibility. As a co-ordinating body, the NES lacked the enforcement authority to effectively supervise the other line ministries.

7.  The Environmental Management and Co-ordination Act, 1999 (date of assent 14 Jan 2000), mandated the establishment of a new National Environment Management Authority for Kenya to have full national enforcement powers and become the cornerstone for global environmental issues in Kenya. Up until July 2002 an interim committee oversaw the creation of the new institution, and during this interim period the NES was operating in the spirit of the act and undertaking its key function as the principal instrument of Government in the implementation of all policies relating to the environment. In terms of global environmental management the role of NEMA is to advise the Government on regional and international environmental conventions, treaties and agreements to which Kenya should be a party, and follow up the implementation of such agreements where Kenya is a party.

8.  Under the Environmental Management and Co-ordination Act the key environmental policy making body is the National Environment Council. The Minister for Environment and Natural Resources acts as chairman, and the council includes the Permanent Secretaries of Agriculture, Economic Planning and Development, Education, Energy, Environment, Finance, Fisheries, Foreign Affairs, Health, Industry, Attorney General's Chambers, Local Government, Natural Resources, Public Administration, Public Works, Research and Technology, Tourism, and Water Resources. Also included are two representatives of public universities in Kenya, two representatives of specialised research institutions in Kenya, two representatives of the business community and two representatives of NGOs active in the environmental field. The Council will meet at least 4 times each financial year to fulfil its main functions, including setting national goals and objectives and determining policies and priorities for the protection of the environment

9.  The National Environment Management Authority (NEMA) is the national operational focal point for GEF activities in Kenya. The focal point is responsible for liaison with stakeholders for all individual GEF projects and their respective implementing agencies. The focal point has established a National GEF Co-ordinating Office and a GEF National Review Panel (NRP). The NRP is a multi-stakeholder body with representatives from the public sector, private sector, academic institutions, research institutions, non-governmental organisations (NGOs) and communities. A restructured NRP has now incorporated all the convention desk officers (see Annex 1d for details). NRP is responsible for reviewing all GEF proposals, providing technical support to stakeholders in identifying and developing proposals for GEF funding and giving overall guidance on GEF operations. The panel also solicits for projects where gaps have been identified. A peer review group for each thematic area has been established to assist in the project process.

10.  Kenya's current GEF portfolio includes: Tana River Primate National Reserve Project, Lake Victoria Environmental Management Project, the East African Cross-Border Biodiversity Project, Lake Baringo Community Based Land and Water Management Project, Indigenous Vegetation in Dry Lands, Removal of Barriers to Energy Conservation and Energy Efficiency in Small and Medium Scale Enterprises, Climate Change National Communications and POPs enabling activity. Forthcoming projects include: Gregorian Rift Valley Lakes, coastal remnant forest biodiversity, and several other initiatives by IGO’s, NGOs and CBOs.

Environmental Programmes and Projects

11.  Kenya had previously played an active role in the UNCED, signing both the Framework Convention on Climate Change and the Convention on Biological Diversity on the dates they were open for signature at UNCED, and subsequently ratifying them both in 1994. Kenya also duly signed and ratified the Convention to Combat Desertification. The Stockholm Convention (POPs) was signed in May 2001. Since Rio, the Kenya Government has been working to fulfil its obligations under the Conventions through the NES (now through NEMA). The National Biodiversity Strategy and Action Plan, and the National Action Plan to combat desertification have been prepared, and the first National Communication for UNFCCC has recently been completed.

The Kenya National Biodiversity Strategy and Action Plan

12.  The National Biodiversity Strategy and Action Plan (NBSAP) attempts to domesticate the convention on biological diversity, and facilitate achievement of the national vision and aspirations for biodiversity management. The overall objective is to address the national and international undertakings elaborated in the convention, pursuant to Article 6, as well as to ensure that best practices in biodiversity management are integrated into national development planning.


National Action Programme to combat desertification

13.  Since signing the UNCCD in 1994 and ratifying it in June 1997, the Government of Kenya, through the Ministry of Environment and Natural Resources (MENR), has been putting in place a national mechanism to facilitate implementation of the obligations under the convention. Within the NES, a national institutional framework was established to co-ordinate preparation and implementation of National Action Programme (NAP) to combat desertification. A priority is to ensure that the people most adversely affected by desertification participate fully in management efforts. Through a national wide consultative and highly participatory process, the NAP has underlined the following key priority areas, amongst others: -

(1)  Establishment of an enabling environment for the implementation of the NAP including an appropriate policy, legal and institutional framework;

(2)  Supporting local level initiatives;

(3)  Establishing an efficient and effective funding mechanism that can channel resources rapidly to the affected communities;

(4)  Building capacity at all levels of implementation;

(5)  Creating awareness; and

(6)  Information and enhancement of knowledge .

14.  The current National Development Plan, covering the years 2002-2008, also clearly articulates issues of desertification/ land degradation in the sectors concerned with Agriculture and Rural Development, and Environment and Natural Resources Management.

National Communication on Climate Change

15.  Recognising climate change as a key issue in sustainable development, the Kenyan government ratified the UNFCCC on 30 August, 1994, nominating the Ministry of Environment as the administrative authority to implement the UNFCCC in Kenya. A National Climate Change Activities Co-ordination Committee (NCCACC) was formed in 1993 to co-ordinate all climate change activities in the country and advise the government. The committee is multi-disciplinary with membership drawn from government, universities, research institutions, private sector and NGOs.

16.  Kenya has undertaken a number of studies related to Climate Change enabling activities including:-

·  The United States Country Studies Programme, 1994 – 1998

·  The UNDP/GEF Capacity Building in Sub-Sahara Africa to respond to UNFCCC,1996 –1998

·  Enabling Activities for the preparation of Initial National Communication related to the UNFCCC, 1999 – on-going.

Kenya expects to launch the 1st National Communication in March 2002 after which it is expected that activities in technology needs assessment will be embarked on.

National Environmental Action Plans

17.  In 1994, Kenya prepared its first National Environment Action Plan (NEAP), which focused on the government’s commitment to conservation and sustainable use of resources. The NEAP addressed the major areas of national socio-economic development including:-

a.  Biodiversity - forestry, wildlife, biotechnology and indigenous knowledge

b.  Water resources - inland water bodies, coastal and marine environment

c.  Sustainable agriculture and food security

d.  Desertification and drought

e.  Environmental pollution and waste management

f.  Human settlement and urbanisation

g.  Public participation and environmental education

h.  Environmental education systems

i.  Institutional framework

j.  Environmental Impact Assessment

18.  Under the Environmental Management and Co-ordination Act a National Environment Action Plan Committee will develop a new National Environment Action Plan every five years which will become binding on all persons, government departments, agencies and state corporations upon adoption by the national assembly. The Act also formalises the creation of provincial and district environmental committees whose functions include developing their own action plans, which are then combined into the national plan. It is at this district level that many of the global and national environmental management issues see their true expression. District Environmental Officers, working directly in natural resource management issues, are often at the best level for seeing biodiversity/land degradation/climate change synergies and how environmental changes impact food security, poverty and national sustainable development priorities.