In the Kenya FCPF R-PIN to the WB, it is quoted “In 2005, the Forest Act 2005 was approved by the parliament and provides the legal basis for the private sector, joint forest management and community participation in forestry. Respective regulations are outlined in the Forests Participation in Sustainable Forest Management Rules-2007. This legal framework, considered as the most advanced in the region, provides a strong basis for the introduction of a national REDD program. However, most of the woodlands in Kenya are still on trust-land and are still lacking a clear legal management framework”.

However, the document fails to mention that the Act does not recognise forest dwellers (who are many in Kenya), this is big flaw in the law. It also fails to mention that the Act does not have any information about benefit sharing and is crafted only to benefit the private sector and not the forest dependent communities or societies.

What has Kenya done so far:

Kenya has expressed in being part of the REDD debate and implementation processes. Early 2008, it expressed interest in being part of the World Bank’s Forest Carbon Partnership Facility (FCPF).  From February through May 2008, Kenya engaged in REDD preparation through several processes that included the appointed a National REDD focal point through an official communication from the National Environment Management Authority (NEMA) to the Kenya Forestry Service (KFS). Mr. Alfred Gichu of the KFS is currently the focal point.

The preparations also included the development of a Readiness Plan Information Note (R_PIN) as per the requirements of the FCPF.  Kenya’s R-PIN was developed through a consultative process with key stakeholders that included the KFS, Kenya Wildlife Service, Department of Remote Sensing, Kenya Forestry Research Institute, Nature Kenya among others. There was close collaboration with World Bank’s East Africa team leader Mr. Christian Peter.  The R-PIN was then subjected to a peer review through a Ugandan based consultancy firm that does work for the World Bank, East Africa.

Kenya submitted its R_PIN in June and the same was accepted by the FCPF in July. In October, Kenya participated in the FCPF Participant’s Committee meeting and soon after signed its partnership agreement to formally it in as Carbon Fund Participant country. The process of signing the Participant Agreement was tedious and time consuming as it involved the Ministry of Finance and the Attorney General office.

The FCPF process is a small part of a larger REDD strategy that Kenya is developing and the key will be addressing the underlying causes of deforestation and forest degradation.

Kenya has so far submitted its request for the US 200 000 available for REDD Participant Country’s for the development of Kenya REDD strategy (R-PLAN).  However, the FCPF is yet to acknowledge receipt of the request. Pending release of the above by the FCPF, limited finances is borrowed from other forestry programmes to move the process forward.

Kenya’s Proposed usage of the USD 200 000.

Kenya submitted a request of US$ 199 905 to develop its R-PLAN. It will be a consultant led process and call for expression of interests for consultancy services is about to published in the media. The consultant will work closely with the national REDD committee (to be established). However, the REDD focal point already has two consultancy firms in mind. Of the US$ 199 905, US$ 148, 305 would go to consultant services, US $ 30 000 will be used for local trainings, workshops and stakeholder consultations, US$ 7 200 for office equipment and US $ 14 400 as operating costs. The activities will be the development of a brief assessment of the land use, forest policies and governance in the country, supporting the designated, preparation of a consultation and outreach plan that will be used during the implementation of the R-PLAN, preparation of the terms of reference of the national REDD strategy and REDD implementation framework, preparation of social and environmental impacts assessment methodology and TOR of carrying out the analysis, development of TOR for investments and capacity building needs for the implementation of the REDD strategy and purchase of office equipment.

Formation of national REDD committee by first week January.  As the festive session is approaching, the REDD focal point will shortlist and distribute names through emails to this core team.

The Consultancy firm will be identified by end of January.

The first workshop will be held before end of January.

The national REDD focal should be invited to various forums to create awareness of REDD and developments so far in Kenya. This will start with a Kenya Forestry Working Group Meeting that will be held in January.

The KFWG will also play a central in REDD education. Mr. Gachanja to follow up on this.

Kanyinke will also be instrumental in developing and implementing the consultation plan with all stakeholders and not just communities.

Personal Kanyinke Conclusions
There is an urgent to disseminate correct information about REDD, the FCPF process and international negotiation processes. This should be in early January to put the communities ahead of the process. Intensive discussions with the communities about consultations and involvement should also be done early enough so that by the time consultant starts work in February, the communities already know what they want and how they want to be engaged.

I will be contacting a few key community leaders for a decision on whether the consultations should be through a national workshop or at the community level.

There is an urgent need to learn from what other Participants countries are doing. Ghana is on the lead in the FCPF process in Africa.

There must be legal recognition and security of tenure for the participating forest communities, the Kenya Forest Act 2005 – does not have such guarantees and does not even recognise the existence of forest Dwelling communities. It also limits the contract for the joint forest management to 5 years per term, which is not enough guarantee for a long term Carbon contract.