NATIONAL ENVIRONMENTAL MANAGEMENT AUTHORITY (NEMA)

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1 NATIONAL ENVIRONMENTAL MANAGEMENT AUTHORITY (NEMA) TERMS OF REFERENCE (TOR) FOR ENVIRONMENTAL & SOCIAL MANAGEMENT FRAMEWORK (ESMF) FOR THE KENYA CLIMATE CHANGE ADAPTATION PROGRAMME UNDER THE NATIONAL IMPLEMENTING ENTITY (NIE) OF THE ADAPTATION FUND FOR KENYA FUNDED BY THE ADAPTATION FUND JANUARY 2015

2 1. Introduction This TOR is developed to engage a consultant to undertake an Environment and Social Management Framework (ESMF) for the Kenya Climate Change Adaptation Programme, funded by the Adaptation Fund Board through NEMA. The Adaptation Fund is a finance mechanism provided for under Kyoto protocol of the United Nations Framework Convention on Climate Change (UNFCCC) of which Kenya is a signatory. Kenya submitted a programme, the Kenya Climate Change adaptation programme through NEMA which was accredited by the Adaptation Board as National implementation (NIE).The Adaptation Fund Board has an Environment and Social management Policy that requires that all projects/programmes supported by the Fund shall be designed and implemented to meet certain environmental and social principles. This consultancy is meant to develop an Environment Social Management Framework (ESMF) for the programme. 1.1 Background KCCAP covers the following sectors; water resources, agriculture, livestock, agro forestry, coastal and mangrove ecosystems, energy and infrastructure, human health and gender in relation to climate change. The programme proposes to develop and implement integrated adaptive mechanisms to increase community livelihood resilience to climate change as follows: i. Adoption of drought tolerant crops, and promotion of value chain approaches ii. iii. Development of water harvesting assets/structures Promotion of forestry and agro forestry ecosystem-based strategies to enhance food security and resilience to climate change as well as water and soil conservation.

3 iv. Promotion of pastoral ecosystem-based adaptations that will increase resilience through use of pasture conservation and emergency fodder bank, storage and supply of water to improve social life of the people in the district. v. Rehabilitation of mangrove ecosystem in the coastal area vi. Disaster risk reduction and preparedness through early warning system and flood control structures vii. Establishment of a knowledge management system for this programme, development of institution capacity, and raising awareness on Climate Change Adaptation. II. SCOPE OF WORK 1. In carrying out the assignment, the Consultant is required to visit all the project sites and engage with the relevant stakeholders of the programme, undertake a detailed analysis of the environmental and social risk posed by the proposed project interventions and compile his finding into a report, and develop an Environment Social Management Framework (ESMF),that will be used to manage the Environment and social risk occasioned by Kenya Climate Change Adaptation programme(kccap). The ESMF will be formulated in keeping with the prescribed format, content and quality required by NIE (NEMA) and the Adaptation Fund Board ES Policy. 2. Specifically, the Consultant is required to develop an ESMF (Environmental and Social Management Framework) which includes the following tasks and addresses the following factors: a) Review relevant documentation and literature related to the programme including the programme document and analysis the programme against the principles of ESMF as provided by the

4 Adaptation fund Board and point out the safeguards triggered by the KCCAP programme. b) Analyse in detail and document each of the safeguards(in line with the ES Policy of the Adaptation Fund) triggered by the programme and proposed a management regime for the triggered safeguards, each of the safeguards will be presented as section of the overall ESMF report. c) Identify the positive and negative aspects/impacts occasioned by the project and propose ways of managing each of the aspects/impacts and present in a matrix. d) Map(report) the stakeholders for KCCAP and prepare a stakeholder participation report/ plan/mechanism including roles and responsibilities and incorporating gender and special needs, and define specific activities so that all vulnerable groups benefit from participation in project implementation; e) Undertake an assessment in line with the National safeguards as well as safeguards principles of the adaptation fund and World Bank and identify and recommend the projects that may require application of the National safeguards (EIA) due diligence process. f) Develop a screening procedure to identify potential environmental and social effects of specific activities, and to determine whether such effects are minor and can be summarily addressed and managed; or whether there are any potentially significant effects upon natural habitats, physical or cultural resources at particular project works sites, which would require further and separate analysis due to these complexities;

5 g) Develop a screening tool/checklist for use in screening of community projects to assist communities identify project impacts in order to develop mitigation measures suitable for incorporation into project activities h) Develop and present an Environment Mitigation Plan (EMP) for each of the triggered safeguards and the project activities and a monitoring (MP) plan for implementing and an Environment and Social Management Plan (ESMP) for the ESMF. i) Undertake the training needs assessment and develop a training plan for training the project implementers and beneficiaries/communities on ESMF in cooperation. j) Develop Disclosure mechanism k) Develop a grievance redress mechanism including the modalities and institutional set up for GRM- l) Analyse the institutional capabilities/and gaps for ESMF implementation and develop and institutional structure and system for incorporation of ESMF into the programme and indicate clearly how this will fit into the NEMA safeguard structure and systems. III. EXPECTED DELIVERABLES The expected deliverables of this assignment are: 1. An inception report inclusive of a detailed work plan, five days after the signing of the contract; 2. Stakeholders consultation plan;

6 3. Report of analysis of the triggered safeguards, the impacts, mitigation plan and a monitoring plan in a matrix format,with clear monitoring indicators., 4. Grievance redresses Mechanisms (GRM) T 5. raining and capacity building framework including a plan. 6. Institutional framework for ESMF& ES Mitigation Plan including a budget for implementing the plan 7. Disclosure, stakeholder s consultation and engagement mechanisms. 8. ESMP Monitoring plan 9. Draft ESMF including: (i) a summary of all findings from the stakeholder analysis, and the impact assessment of the project according to AFB guidelines; (ii) recommendations of mitigation measures for adverse impacts; (iii) a stakeholder involvement plan that is agreed by key stakeholders in the country; and (iv) screening procedures and an EMP as described in the Scope of Work. 10. Final ESMF incorporating stakeholder feedback; and 11. Three copies of the final report in digital form and hard copy. 12. Training plan IV. SPECIFICATIONS OF THE CONSULTANCY 1. Type: The type of consultancy is an individual consultant or a firm

7 2. Duration: The entire consultancy will be for a maximum of 20 days over an elapsed period of 1.5 months 3 Qualifications: Candidates should have a post-graduate degree in Development Studies, Environmental Management or related discipline, and at least 5 years proven experience in the conduct of social and environmental assessments and demonstrated knowledge of development of an ESMF for a programme of a related nature... The candidate should also have: a. Excellent knowledge of the English language (both spoken and written) and excellent communication skills; b. Good knowledge of EMCA related safeguards and the systems in place for implementation. c. Knowledge and/or familiarity with the social dynamics in Kenya and/or of rural communities such as those where the works may be located; d. Ability to work well with Government officials and community personnel; and e. Experience in implementing international social safeguards policies/standards (e.g. World Bank, IFC or IADB) would be considered an advantage V. REPORTING/ COORDINATION The consultant shall forward all the reports to the Director General NEMA, and liase closely with the NIE Steering Committee of NEMA

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