As per the AfDB requirements the borrower or client is responsible for conducting and providing evidence of meaningful consultation (i.e., consultation that is free, prior and informed) with communities likely to be affected by environmental and social impacts, and with local stakeholders, and also for ensuring broad community support, especially for Category 1 projects and for projects affecting indigenous peoples. Kenya Power will undertake its consultation with reference to the updated IESIA Guidance Notes on consultation, participation and broad community support, which also provide guidance on affected communities’ involvement in the process of project planning, implementation and monitoring. Consultation is based on stakeholder analysis and is preceded by disclosure of adequate project information and environmental and social information to ensure that participants are fully informed. This process will begin at an early stage during project preparation and continues as needed. It will be conducted in a timely manner in the context of key project preparation steps, in an appropriate language, and in an accessible place. The results of the consultation will be adequately being reflected in the project design and in the project documentation.
For Category 1 projects, the affected communities are given the opportunity to participate in key stages of project design and implementation. Therefore, stakeholders should be consulted to obtain their input into the preparation of the draft terms of reference of the environmental and social assessment, the draft SESA or ESIA report and summary, and the draft ESMP. For Category 2 projects, the affected communities and stakeholders are consulted about the draft environmental and social assessment report and the draft ESMP. Consultation should be conducted with the objective of ensuring that the project—especially a Category 1 project—has broad community support, and that affected people endorse the proposed mitigation and management measures. When the borrower or client has identified vulnerable communities that would potentially be affected by the project, the borrower/client engages in meaningful informed consultation and participation with the vulnerable communities, beginning as early as possible in the project cycle before the project is submitted for Board consideration and continuing throughout the project cycle. The borrower or client demonstrates that consulted individuals or groups can effectively represent the affected groups. In particular, this process of engagement:
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Involves representative bodies and civil society organisations, as well as members from the vulnerable communities themselves;
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Ensures inclusivity in a socially and culturally appropriate manner;
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Provides sufficient time for the vulnerable groups’ decision-making processes;
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Facilitates the vulnerable groups’ expression of their views, concerns and proposals in the language and manner of their choice, without external manipulation, interference, coercion, or intimidation; and
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Respects the culture, knowledge and practices of vulnerable communities.
1.37Rationale for Consultation and Disclosure
According to Kenya's Guidelines for EIA and other donors relevant policies, public consultations are an integral component of the environmental and social screening process, EIA, Environmental Audit and RAP requirements, and the guidelines identify the following principal elements:
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Developers are required to conduct public consultation during the preparation of Project Briefs, ElAs, RAPs and IPP as well as implementation of the environmental and social screening process outlined in this ESMF.
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The Director of NEMA in charge of compliance and reinforcement may, conduct his or her own public consultation to verify the works of a developer.
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Formal EIA, RAP and ESMP documents are made available for public review and comments. Documents to which the public has access include Project Briefs, EIA terms of reference, draft and final EIA and RAP reports, and decisions of the appropriate authorities regarding project approval. The Director of NEMA in charge of compliance and enforcement and relevant government departments has developed practices and procedures for making these documents available to the public. It is very unusual that an EIA will need to contain proprietary or market sensitive information (i.e. technological and financial) which a developer would prefer to remain confidential. Unless public knowledge of such information is crucial to project review.
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Certificates/Letters approving projects will be published by the developer and displayed for public inspection. Public consultations are critical in preparing an effective proposal for the construction and rehabilitation of the project activities. The first step is to hold public consultations with the local communities and all other interested and affected parties, during the screening process and in the course of preparing the ESMP
These consultations should identify key issues and determine how the concerns of all parties will be addressed in response to the terms of reference for the Lot specific ESMP which might be carried out for construction and rehabilitation proposals.
The public will be allowed to access information during screening, EIA preparation as well as final EIA reports before project appraisal and disclosure will also take place in the KPLC website and KPLC branch offices in a language which can be understood by the locals where the project will be implemented.
1.38Instruments for Use during Consultations
The Kenya Guidelines for EIA and EA provides details concerning the public consultation methods in Kenya. Such methods include press conferences, information notices, brochures/fliers, interviews, questionnaires and polls, community meetings, advisory committees, and public hearings. The guidelines for public consultation include, among others, a requirement that major elements of the consultation program should be timed to coincide with significant planning and decision-making activities in the project cycle. In terms of Kenya's EIA process, and donors policy standards, public consultation should be undertaken during (i) the preparation of the EIA and RAP terms of reference; (ii) the carrying out of an EIA and RAP; (iii) government review of an EIA and RAP reports; and (iv) the preparation of environmental and social terms and conditions of approval. Consultations will be carried out by communities as part of the environmental and social screening process of projects, and the results will be communicated in an understandable language to potentially affected persons and beneficiaries.
Kenya Power is responsible for conducting and providing evidence of meaningful consultation (i.e., consultation that is free, prior and informed) with communities likely to be affected by environmental and social impacts, and with local stakeholders, and also for ensuring broad community support, especially for Category 1 projects and for projects affecting indigenous peoples.
Consultation will be undertaken with reference to the updated AfDB’s IESIA Guidance Notes on consultation, participation and broad community support, which also provide guidance on affected communities’ involvement in the process of project planning, implementation and monitoring. Consultation will mainly be based on stakeholder analysis and will be preceded by disclosure of adequate project information and environmental and social information to ensure that participants are fully informed. The consultation and public participation is a continuous process during project circle and it will begin at an early stage during project preparation and continues as needed. It will be conducted in a timely manner in the context of key project preparation steps, in an appropriate language, and in an accessible place. The results of the consultation are adequately reflected in the project design and in the project documentation.
For Category 1 projects, the affected communities are given the opportunity to participate in key stages of project design and implementation. Therefore, stakeholders should be consulted to obtain their input into the preparation of the draft terms of reference of the environmental and social assessment, the draft SESA or ESIA report and summary, and the draft ESMP. For Category 2 projects where the Last Mile Connectivity project has been categorized in, the affected communities and stakeholders will mainly be consulted about the draft environmental and social assessment report where applicable and the draft ESMP which is going to be developed using ESMF as a guide. Consultation will be conducted mainly with the objective of ensuring that the project has broad community support, and that affected people endorse the proposed mitigation and management measures.
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