THE GOVERNMENT OF KENYA

MINISTRY OF FINANCE

KENYA INFRASTRUCTURE FINANCE & PUBLIC-PRIVATE PARTNERSHIP (IFPPP) PROGRAM

ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) EXECUTIVE SUMMARY

APRIL 2012

Prepared by: Tito Kodiaga EMC Consultants Nairobi, Kenya Phone: +254-020-2102222 Cell: +254-722-579272 Email: tito@emconsultants.org URL: http://www.emconsultants.org

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GLOSSARY OF TERMS

Cumulative impacts/effects: The total effects on the same aspect of the environment resulting from a number of activities or projects.

Developer/Proponent/Sponsor: the entity – person/ company/agency – proposing to develop/implement/install a new project/sub- project or expand an existing project under the IFPPP.

Direct impacts: An effect on the environment brought about directly by the IFPPP projects.

Disclosure: Information availability to all stakeholders at all stages of the development of projects.

Environment: physical, biological and social components and processes that define our surroundings.

Environmental Impact Assessment (EIA): A comprehensive analysis of the project and its effects (positive and negative) on the environment and a description of the mitigative actions that will be carried out in order to avoid or minimize these effects. Environmental Monitoring: The process of examining a project on a regular basis to ensure that it is in compliance with an Environmental Management Plan (EMP), or the Government of Kenya (GoK) Environmental Impact Assessment (EIA) certification of approval conditions and / or environmental prescriptions.

Impact: A positive or negative effect that a project has on an aspect of the environment.

Indirect impact: A positive or negative effect that a project indirectly has on an aspect of the environment.

Involuntary resettlement: The forceful loss of land resources that requires individuals, families and / or groups to move and resettle elsewhere. Lead Agency: The agency with primary responsibility for the protection of the environment. For instance, the lead agency for environment matters in Kenya is the National Environment Management Authority (NEMA).

Mitigation measures: The actions identified in an EIA to negate or minimize the negative environmental impact that a project may have on the environment.

Project and sub-project: a set of planned activities designed to achieve specific objectives within a given area and time frame.

Project Brief: The initial submitted document to NEMA to initiate the process that will lead to the issuance of the EIA certificate of approval.

Scoping: The initial stage in an environmental assessment that determines the likely major environmental parameters that will be affected and the aspects of the project that will bring upon these effects. Screening: An initial step when a project is being considered for environmental assessment. The screening is the determination of the level of assessment that will be conducted. In the case of GoK, screening will place project into one of three environmental categories (I, II or III).

Significant effect: An important impact on an aspect of the environment.

Stakeholder: Any person or group that has an interest in the project, and the environmental effects that the project may bring about.

 

ACRONYMS & ABBREVIATIONS

AFTFE World Bank Africa Finance and Private Sector Development Unit (East

Africa) APL Adaptable Program Lending ASALs Arid and Semi-Arid Lands BDM Banking and Debt Management BPO Business Process Outsourcing CDB Central Business District DFID Department for International Development DMD Debt Management Department DOHS Directorate of Occupational Health and Safety EAs Environmental Assessments EHS Environmental, Health and Safety EIA Environmental Impact Assessment EMCA Environmental Management and Coordination Act EMCP Environmental Management Plan ERC Energy Regulatory Commission ESMF Environmental and Social Management Framework ESMID Efficient Securities Markets Institutional Development FEUFS Financial Solutions Unit FIL Financial Intermediary Loan GDC Geothermal Development Company GDP Gross Domestic Product GETPPP Global Expert Team on PPPs GOK Government of Kenya HIV/AIDS Human Immuno Deficiency Syndrome IBRD Bank for Reconstruction and Development ICAs Investment Climate Assessments ICT Information and Communication Technologies IFC International Finance Corporation IFF Infrastructure Finance Facility IFPPP Infrastructure Finance and Public-Private Partnership Program IMO International Maritime Organization JKIA Jomo Kenyatta International Airport KAA Kenya Airports Authority KCAA Kenya Civil Aviation Authority KenGen Kenya Electricity Generating Company KeNHA Kenya National Highways Authority KeRRA Kenya Rural Roads Authority KETRACO Kenya Transmission Company KFS Kenya Ferry Services KFS Kenya Forest Services KIHBS Kenya Integrated Household Budget Survey KMA Kenya Maritime Authority KNSL Kenya National Shipping Line KPA Kenya Ports Authority KPC Kenya Pipeline Company KPLC Kenya Power and Lighting Corporation KPRF Kenya Petroleum Refineries Ltd KRC Kenya Railways Corporation KURA Kenya Urban Roads Authority KWS Kenya Wildlife Service

KWS Kenya Wildlife Service (KWS) LEGPS Private Sector Development, Finance and Infrastructure Unit MEMR Ministry of Environment and Mineral Resources MIC Middle income country MNDP Ministry of Planning and National Development. MOF Ministry of Finance MoFW Ministry of Forestry and Wildlife MOWI Ministry of Water and Irrigation MSDS Materials Safety Data Sheets MWI Ministry of Water and Irrigation NDPC National Development Planning Commission NEAP National Environment Action Plan Committee NEC National Environmental Council NEMA National Environment Management Authority NET National Environnemental Tribunal NMK National Museums of Kenya NOC National Oil Corporation of Kenya OSHA Occupational Safety and Health Act PDF Project Development Fund PER Public expenditures PIU Project Implementation Unit PPDA Public Procurement and Disposal Act of 2005 PPE Personal Protective Equipment PPIAF Public Private Infrastructure Advisory Facility PPP Public-Private-Partnership PPPS PPP Secretariat PREM Poverty Reduction and Economic Network PRG Partial Risk Guarantee RAP Resettlement Action Plan REA Rural Electrification Authority RPF Resettlement Policy Framework SDN Social Development Network SEA Strategic Environmental Assessment SERC Standards and Enforcement Review Committee TAC Technical Advisory Committee UNEP United Nations Environment Programme VAT Value Added Tax VGF Viability Gap Facilities VGS Viability Gap Scheme VOC Volatile Organic Compounds WASREB Water Services Regulatory Board WB World Bank WRI World Resource Institute WRMA Water Resources Management Authority WRMA Water Resources Management Authority WSP Water and Sanitation Program WSTF Water Services Trust Fund

EXECUTIVE SUMMARY

The Government of Kenya (GOK) through the Kenya Infrastructure Finance and Public-Private Partnership Program (IFPPP) is seeking assistance and World Bank support to improve the legislative, institutional, financial, fiduciary and technical framework in order to generate a pipeline of bankable Public-Private-Partnership (P-P-P) projects under an Adaptable Program Lending (APL-1) phase I. The primary objective of the first phase of the project is to strengthen the country’s PPP framework using the IFPPP APL project which will put in place the necessary foundation for Kenya to realize the benefits of PPPs, including increased private investments in infrastructure, increased employment opportunities, improved service delivery to enterprises and the population in general, and an improved fiscal impact on government from better project preparation, better risk allocation, increased transparency, wider quality control, and greater efficiency. The framework is envisaged to allow increasing the availability and quality of infrastructure in different sectors to boost enterprise growth and productivity and improve the wellbeing of Kenyans. The project will result in: (a) an agreed set of operating guidelines for PPP transactions, (b) an increased closure rate of quality vetted PPPs (at least 3 per year by the end of the IFPPP project); (c) an improved regime for management of fiscal risks from PPPs and other sources; and (d) an improved legal and regulatory environment for PPPs including a PPP law and regulations consistent with global good practice. An intermediate output will be: a fully functional and strengthened PPP Secretariat with the capacity to advise the PPP Steering Committee on the feasibility, bankability and risks of proposed. The potential sub projects under various sectors in this IFPPP are numerous and include “first mover” PPP transactions, which may include construction and rehabilitation projects in the sectors like: Transport (Roads, Airports, Ports, Rail lines), Energy (Geo-thermal energy, Liquefied Natural Gas), Solid Waste (including medical waste), Water and Sanitation (bulk water supply including sanitation, sewerage systems), Health, Education and Housing.

The activities in Component 3 will involve civil works that is construction and/ or rehabilitation of infrastructure and thus trigger the environmental assessment policy (OP.4.01). The impacts here will range from small scale and site specific to larger infrastructure investments associated with Environmental Category A projects of the World Bank, as well as adhere to the Environmental Assessment regulations of the Kenya Environmental Management and Coordination Act (EMCA).

Objective of ESMF Since the pipeline of PPP projects to be supported by the IFPPP program is evolving, the appropriate instrument at this stage is an Environmental and Social Management Framework (ESMF). ESMF is an instrument used by the World Bank to ensure safeguards at the initial project concept phase when the exact locations, scope and nature of proposed projects remain unknown. The overall objective of this ESMF is to ensure that the implementing institutions of the IFPPP use this document in order to ensure that the World Bank environmental safeguard policies, with emphasis on Operational Policy OP 4.01 (Environmental Assessment) are adequately addressed.

This ESMF is expected to ensure that environmental and social management is integrated into the development and operation of sub projects to be financed under the IFPPP to ensure effective mitigation of potentially adverse impacts while enhancing accruing benefits. The ESMF has been prepared in line with the relevant World Bank (WB) safeguard policies on social and environmental management and further taken into account the appropriate Government of Kenyan (GOK) policies, legal and institutional framework related to environmental and social assessment. The ESMF seeks to establish a process of environmental and social screening which will permit the institutions in charge of the implementation of the projects to identify, assess and mitigate the environmental and social impacts of the proposed interventions. The ESMF also determines the institutional measures to be taken during the program implementation, including capacity building activities. In developing this ESMF, detailed desk top evaluation and analysis of relevant literature and documents was adopted combined with broad consultation and engagement of appropriate stakeholders.

Brief Project Description A PPP policy framework has been prepared by the Ministry of Finance (MOF) to guide the PPP development process which is also aimed at providing certainty to all stakeholders that the GoK is committed to partnering with the private sector for the delivery of public infrastructure and services. The benefits of PPPs among many others include the accelerated delivery of needed infrastructure and public services on time and within budget and encouraging the private sector to provide innovative design, technology and financing structures. The key objectives of the PPP policy consist of ensuring the leveraging of public assets and funds with private sector resources from local and international markets to accelerate needed investments in infrastructure and services. The guiding principles of the PPP include among others guaranteeing environmental and social risk management practices, which must conform to Kenyan environmental laws and the highest standards of environmental and social safeguards. Policy, Legal and Institutional Issues

The Government of Kenya (GoK) has recognized the importance of fostering a legal and regulatory environment for PPPs to encourage investment into the infrastructure of Kenya and achieve a successful and sustainable PPP program. In recent years the GoK has taken several important steps toward the establishment of a comprehensive PPP framework. The first step was the publication of the PPP Regulations of 2009 under the Public Procurement and Disposal Act of 2005 (PPDA), which established the PPP Steering Committee and the PPP Secretariat (PPPS) within the Ministry of Finance (MoF). PPPS is envisioned to be the technical body of the Steering Committee and headed by a PPP Director who reports to the PS Finance as chair of the Steering Committee. The Steering Committee and the PPPS will be the main partners and implementing agencies for the proposed IFPPP project. The government has been developing a draft PPP policy and a PPP Bill, which have now received cabinet approval. It is intended that the PPP bill will be presented before parliament this year in 2012 on a fast track basis. The IFPPP project will address key shortcomings in the infrastructure finance and PPP framework in Kenya, focusing in particular on institutional capacity within the MOF and line Ministries, PPP law and regulation, project preparation, and investment support. The project will build on ongoing technical assistance to the infrastructure and PPP framework in Kenya, currently being delivered by the World Bank East Africa Finance and Private Sector

Development Unit (AFTFE) in collaboration with the Global Expert Team on PPPs (GETPPP), Private Sector Development, Finance and Infrastructure Unit (LEGPS), Financial Solutions Unit (FEUFS), Social Development Network (SDN), PPIAF, (Efficient Securities Markets Institutional Development (ESMID), International Finance Corporation (IFC), Banking and Debt Management (BDM), Poverty Reduction and Economic Network (PREM), Water and Sanitation Program (WSP) and others, including external partners. The IFPPP project is expected to be a [US$120m] project, structured around 2-3 investment instruments: a [US$35mm] technical assistance loan (Components 1, 2, 4, and 5) and [US$85mm] for investment support to individual PPP projects (Component 3). Component 3 is expected to involve construction or rehabilitation of large scale physical infrastructure in different sectors mentioned above. Therefore, in compliance with the requirements outlined in the Environmental Management and Coordination Act (1999) and enforced by the National Environment Management Authority (NEMA) and the World Bank’s Safeguards Policies, the government of Kenya represented by the Ministry of Finance (MOF), has prepared this Environmental and Social Management Framework (ESMF). The ESMF is an instrument, through which the sub-project’s environmental and social impacts are identified, assessed, evaluated and have appropriate mitigation, management and monitoring measures, designed and incorporated within the sub-project itself. This ESMF will be complemented by two other safeguards instruments: Environmental Impact Assessments (EIAs) accompanied by Environmental Management Plans (EMPs) for each subproject identified under IFPPP, and a Resettlement Policy Framework (RPF) prepared that provides standards and procedures for compensation for any land acquisition, assets, or restriction of access to resources that IFPPP investment may require, in accordance with World Bank OP 4.12 – Involuntary Resettlement.

Environmental and Social Requirements The World Bank financed projects are guided by environmental and social safeguards policies and procedures to prevent and mitigate undue harm to people and their environment in the development process. The relevant WB policies triggered for this project are OP 4.01 (Environmental Assessment), OP 4.12 (Involuntary Resettlement) and Access to Information Policy. The following Operational Policies may be triggered for projects financed by subsequent phase of the Adaptable Program Lending (APL): 4.04 (Natural Habitats), 4.09 (Pest Management), 4.11 (Physical Cultural Resources), 4.10 (Indigenous Peoples), 4.36 (Forests), 4.37 (Dam Safety), 7.50 (Projects on International Waterways). The World Bank safeguard policies will be binding when implementing WB funded projects. An ESMF is required for this project because the precise details of the majority of investments are yet to be defined in terms of their exact location, proposed activities etc. Therefore it is not possible to ascertain the precise physical footprint and nature of impacts at this stage. An ESMF is prepared during project preparation as per OP 4.01 when the nature of the proposed investments is well understood, but details (either locations, designs, or both) of the specific investments in the project are not yet known, and therefore a detailed ESIA cannot be prepared. The purpose of the ESMF is:

(i) To provide as much information as possible about environmental and social impacts

(including possible land acquisition and resettlement) at the project’s current state of

preparation;

(ii) To inform project planning and design process by comparing potential impacts of

alternative locations, configurations, and construction techniques that are under

consideration; and

(iii) To describe procedures for subsequent assessment of impacts and development of

appropriate impact management instruments when the details of the project become

available.

OP 4.01 further requires that the ESMF report must be disclosed as a separate and stand alone document by the Government of Kenya and the World Bank as a condition for Bank Appraisal of the IFPPP. This ESMF report will firstly be made publicly available in Kenya by publishing the report at the offices of relevant government ministries and NEMA. The disclosure of these documents should be in locations where it can be accessed by the general public and local communities using the media, and at the InfoShop of the World Bank. The date for disclosure must precede the date for appraisal of the project.

Environmental and Social Impacts Overall in the case of the proposed PPP activities, potential negative environmental and social impacts due to project activities and likely to include loss of vegetation, soil erosion, soil and groundwater pollution, air pollution, public health impacts such as traffic hazards, noise, dust, and loss of livelihoods must be fully identified and the appropriate mitigating measures clearly defined and costed to be incorporated into the project's overall budget. This ESMF has been designed to address potential impacts at the planning stage of existing and new PPP projects and related activities. The potential PPP transactions to be implemented under the various sectors may entail the following environmental and social impacts:

Table 1: PPP Project Impact mitigation guidelines and monitoring indicators and responsibilities

Impact issue Proposed Action/ Measures Implementation tool/criteria Monitoring indicators Verification Project stage Responsibility

Solid waste disposal

Provide adequate waste reception facilities at construction camp sites Dispose of waste at approved waste collection sites

Waste management plan/Construction site management plan

Number of site waste bins Final disposal records

Weekly checks by project engineer

Construction Operation

Contactor Project engineer

Waste oil/fuel disposal

Provide drums/containers for temporary storage on site of waste oil from equipment and vehicles. Dispose of waste oil through an approved agent

Waste management plan/Construction site management plan

Waste oil drums/containers on site

Monthly checks by project engineer

Construction Operation

Contactor Project engineer

Air pollution Purchase sound equipment/machinery for project Operate well maintained vehicles, trucks and other equipment Use good quality fuel and lubricants Suppress dust generation at project sites Switch off engines when not in use

Part of contract agreement Routine maintenance plan for machinery Purchase of fuel at recognized stations Schedule of works is to limit Water surfaces several times a day to reduce dust at the site.

Audit of maintenance plan implementation

Independent check by project engineers Verification of maintenance record by project engineers Self-check by contractor

Construction Contactor/Project engineer

Noise pollution Schedule of works is to be limited to daylight hours

Part of contract agreement Recorded grievances Self-check by contractor

Construction Contactor/Project engineer

Soil erosion Impacts on landscape

Project sites should be boarded from public view and ensure proper maintenance of the construction site

Construction site maintenance plan.

Implementation of the plan

Self-check by contractor

Construction Contactor/Project engineer

Traffic impacts Use only road worthy vehicles and trucks

Purchase sound vehicles and trucks /machinery for project

Traffic incidence records

Project engineers to verify

Construction Contactor/Project engineer

Impact issue Proposed Action/ Measures Implementation tool/criteria Monitoring indicators Verification Project stage Responsibility

Use experienced drivers Driver qualification recorded Grievances Recorded Water pollution No garbage/refuse, oily wastes,

fuels/waste oils should be discharged into drains or water bodies Fuel storage tanks/sites should be properly secured Maintenance and cleaning of vehicles, trucks and equipment should take place offsite. Provide toilet facilities for construction workers Construction activities, including camps to include measures to control runoff

Waste management plan Spill prevention and control plan Construction site management plan

Visibility of oil on water bodies On site erosion observed Proposed actions implemented

Daily self checks by contractors Periodic reports on performance by contractor to project engineers Spot checks/audits by project engineers

Construction Operation

Contractors /Project engineers Project engineers

Impact on fauna and flora

Avoid unnecessary exposure or access to sensitive habitat. Regular inspection or monitoring should be carried out in sensitive areas e.g. swamps/ wetlands the area prior to start of work. Ensure proper storage and handling of potentially hazardous materials (including oil).

If a sensitive habitat is discovered in the work area or vicinity, Project activities should cease. The contractor should notify project engineers who will consult KWS to determine the appropriate course of action. Hazardous material management plan/accident management plan. Awareness raising among contractor personnel

Presence of sensitive habitat at project area Wildlife incidents recorded and reported to KWS/NEMA

Regular self checks by contractor Spot checks and audit by contractor to the client

Construction Operation Maintenance

Contractors /Project engineers/KWS/NEMA

Table 2: Social Impact Assessment

Impact issue Proposed Action/ Measures Implementation

tool/criteria

Monitoring indicators Verification Project stage Responsibility

Physical displacement

For acquired sites, the affected persons to be given relocation assistance (cash or kind) For acquired sites, to relocate communities and properties

RPF Resettlement Plan (RAP or ARAP)

PAPs removed and absent from site

Records to confirm PAPs received or provided with relocation assistance Resettlement plan implemented

Pre-construction Project engineers

Employment and loss of livelihood

PAPs provided with livelihood assistance or assisted to get new jobs immediately without any loss of income. General Use local labour as much as possible and where readily available.

RPF Contractor labour policy

Caretaker complaints Complaints from local communities

PAPs employed elsewhere or evidence of livelihood assistance given Project engineers to verify quota to locals prior to recruitment of construction workers

Pre-construction Construction

Project engineers Contractors / Project engineers

Loss of access to land Land acquisition RPF/ Resettlement plan

Resettlement plan implementation

Evidence of acceptable compensation paid Resettlement plan implemented

Pre-construction Implementing agencies/ Project engineers

Loss of structures/properties

Compensation for loss of permanent structures and assist to relocate other properties.

RPF/ Resettlement Plan

RPF implementation Resettlement plan implementation

Evidence of acceptable compensation paid Evidence of Resettlement plan implemented

Pre-construction Implementing agencies/ Project engineers

Impacts on recreation and public areas

Place notices and warning signs at working areas

ESMP Grievance records Warning signs/notices in place

Construction Contractors/Project engineers

Impacts on Human Health/ Safety and sanitation

Cover buckets of trucks carrying construction materials such as sand, quarry dust, etc Use road worthy vehicles/trucks and experienced drivers/operators Active construction areas to be marked with high-visibility tape Backfill and or secure open trenches and excavated areas. Provide adequate sanitary facilities Provide PPEs for construction workers. Educate construction workers on site rules/regulation and hygiene and disease (HIV) prevention.

ESMP Vehicle maintenance programme/plan in place Construction site management plan ESMP ESMP ESMP ESMP

Health and safety incident register Grievance records

Health and safety plan under implementation Daily self checks and verification by contractor Spot checks by project engineers Periodic reports by contractor to project engineers

Construction Contractors

Impacts on cultural heritage/ archaeological interest /existing aquatic infrastructure and services

Identify cultural heritage resources and existing ecologically sensitive areas.

Pre-construction surveys / Chance finds procedure

Cultural/ archaeological resources/ existing infrastructure encounter incidence register

Chance finds procedure under implementation Daily self checks and verification by contractor Periodic reports by contractor to project engineers

Preconstruction and construction and repairs/ recovery

Contractors

Impacts on Human Health and Safety

Use suitable Personal Protective Equipment (PPE). For inland or marine projects - increase watch when navigating in areas that are known to be used by fishermen and other vessels for port rehabilitation

ESMP Health and safety incident register Grievance records

ESMP under implementation Spot checks and observations by project engineers Periodic reports on performance by contractor to project engineers

Preconstruction and construction, and repairs/ recovery

Contractors

Safeguard Screening Procedures The proposed IFPPP has been rated Category A under the World Bank Operational Policy on Environmental Assessment (OP4.01), requiring full Environmental Assessment (EA) for all the sub projects across the different sectors. This ESMF provides a baseline environmental assessment, assesses positive and negative environmental and social impacts of the project through screening tools, and recommends mitigation measures to limit negative impacts. The screening and review process will determine whether a particular subproject will trigger a safeguard policy, and what mitigation measures will need to be put in place. The screening and review process will also ensure that subprojects that may have potentially significant impacts will require more detailed study and the need for subproject specific EA and/or EMP.

Procedure for screening and development of EMPs The ESMF serves as a guide to the preparation of subsequent site-specific safeguards documents such as an Environmental and Social Impact Assessment (ESIA), Environmental Management Plan (EMP), Emergency Response Plan (ERP)_or similar documents that are appropriate to the nature of the project, once specific sites and project designs are selected and can be subject to detailed impact assessment. This ESMF requires that all the large subprojects be screened and subjected to an EA and EMP. The screening will take place at the feasibility stage and will determine compliance with both Government of Kenya (GoK) and World Bank Safeguard Policies and statutes, following which ToRs for follow-up EIA and Resettlement Action Plan (RAP) studies will be developed. Follow-up EIA studies will be guided by LN 101 of EMCA 1999, and World Bank OP 4.01while the scale of RAP studies will depend on whether screening has allocated a category to the sub-project in line with the RPF. Screening and follow-up EIA study will yield an Environmental Management Plan (EMP)—a generic version of which is outlined below—which will be reviewed and approved by IFPPP and the World Bank for submission to NEMA. Upon approval by NEMA, the EMP will guide resolution of all potential environmental and social impacts likely to be identified for each investment.

Reporting and Performance Review Requirements Project specific quarterly environmental and social progress reports will be prepared by the ministries, government agencies/department implementing the specific sub projects. Technical Assistance to the PPP Nodes in the line ministries will be provided by the PPP Social and Environmental specialists based at the PPP Secretariat. These reports will be submitted to the PPP secretariat and the World Bank’s implementation support mission.

Capacity Building and Training The capacity building requirements will mostly be in the form of training seminars/ workshops and short courses for project staff from the implementing agencies to be able to successfully implement environmental and social aspects of the PPP projects. The proposed training modules are to cover:

a) World Bank safeguards policies and NEMA Environmental regulations, specifically

covering including the ESMF/ RPF;

b) Subproject Screening Checklist;

c) Terms of Reference for ESIAs;

d) Environmental and Social Clauses in Contractors’ contract and bidding documents.

The estimated cost of capacity building and other support to implement the ESMF is given as $465,000 and the breakdown is summarized as follows which excludes the cost of preparing project specific ESIAs: 1. Training workshops/ seminars on (a) above for MoF US$5,000 2. Study tours for environmental champions at MDAs, etc US$10,000 3. Training workshops on b,c,d above for desk officers at MDAs US$10,000 4. Regional training workshops on b,c,d US$50,000 5. Public awareness creation/ communication plans US$20,000 6. Logistic support to the NEMA US$150,000 7. Preparation of an Strategic/Sectoral EA for the PPP US$120,000 8. Monitoring and evaluation exercises US$100,000

Public Consultations Public consultations for the PPP were organized by MoF and were first held in October 2010. A follow up workshop with focus on ESMF and RPF was held in Nairobi on April 12, 2012, which was attended by 71 participants. The project stakeholders raised the need for institutional strengthening with regards to environmental approval/ permitting procedures. The need for clear definition of roles and responsibilities was discussed. NEMA was present in the meeting and provided assurance of support to the upcoming projects. Capacity issues were highlighted and suggestions were provided for training.

Project Implementation The MOF will act as overall Implementing Agency for the IFPPP project, and a senior official in the Ministry will be the overall Project Coordinator. The Project Coordinator will chair a working group to provide strategic guidance for the project, similar in membership to the GOK’s existing PPP working group (with representatives of the PPPS, Vision 2030, the Ministry of Planning, the Office of the Prime Minister, the Attorney General’s Office, and KenInvest). The MOF will also be responsible for day-to-day implementation (project management, financial management, procurement, disbursement, monitoring, including environmental and social aspects of the project.) for all components.

Cost implication of this ESMF The implementation of this ESMF is projected to cost about $465,000 USD and excludes the costs related to implementation of the RPF and RAPs, as well as the cost for feasibility studies or actual EIAs for specific sub projects which will be handled on a case by case basis once the actual sites and locations are known. The ESMF report is organized as follows:

� Acronyms and abbreviations

� Executive summary

� Chapter 1-Introduction Chapter and description of the proposed project

� Chapter 2-Study Methodology

� Chapter 3-Baseline information

� Chapter 4-Description of National and International Regulatory Framework

� Chapter 5-World Bank Environmental and Social Safeguards Policies

� Chapter 6- Determination of Potential Environmental Impacts

� Chapter 7- Project Coordination and Implementation Arrangements

� Chapter 8 - Capacity building and training requirements

� Chapter 9- Public Consultations and Disclosure

� Chapter 10 - Reference

� Technical annexes