Kenya Primary Education Equity in Learning Program (KPEELP) P176867 Environmental and Social System Assessment - ESSA February, 2022 Table of Contents List of Acronyms .................................................................................................................... iii Executive Summary ................................................................................................................ vi 1.0 PROGRAM DESCRIPTION ........................................................................................ 1 1.1 Background .................................................................................................................................. 1 1.2 Government’s Program ................................................................................................................ 1 1.3 Program Description .................................................................................................................... 2 1.4 Program Development Objectives ............................................................................................... 3 1.5 Program Disbursement Linked Indicators.................................................................................... 3 1.6 Program Beneficiaries .................................................................................................................. 4 1.7 Program Implementation .............................................................................................................. 4 1.8 ESSA Methodology ..................................................................................................................... 5 1.8.1 Objectives of the ESSA ......................................................................................................... 5 1.8.2 Methodology ........................................................................................................................ 5 1.9 Stakeholder Validation Workshop and Disclosure ...................................................................... 7 2.0 ENVIRONMENT AND SOCIAL EFFECTS OF THE PROGRAM ........................... 7 2.1 Potential Environment Benefits and Risks: .................................................................................. 7 2.2 Potential Social Benefits and Risks. ............................................................................................. 8 3.0 ENVIRONMENT AND SOCIAL MANAGEMENT SYSTEMS ............................. 14 3.1 Introduction ................................................................................................................................ 14 3.2 The Policy, Legal, Regulatory Framework Applicable to the Program ..................................... 14 4.0 STAKEHOLDER ASSESSMENT AND CONSULTATION ................................... 32 4.1 Consultation with Stakeholder at County Level......................................................................... 32 4.1.1 Environmental and Social Impacts Identified .................................................................... 32 4.1.2 Additional Stakeholders To be Involved in Program Implementation ............................... 33 4.1.3 Challenges impeding access to education ......................................................................... 33 4.2 Outcome of Consultations with VMG and IP Communities ...................................................... 34 4.3 Management of Grievances at Community Level ...................................................................... 36 5.0 ASSESSMENT OF PROGRAM ENVIRONMENTAL AND SOCIAL MANAGEMENT SYSTEM .................................................................................................. 37 5.1 Stakeholder Consultation on System Performance .................................................................... 37 5.2 Strength, Weaknesses, Opportunities and Threats (SWOT) Analysis of the Program Systems Against the ESSA Core Principles ......................................................................................................... 40 6.0 CAPACITY ASSESSMENT FOR MANAGING PROGRAM ENVIRONMENTAL & SOCIAL EFFECTS ........................................................................................................... 51 6.1 Directorate of Infrastructure ....................................................................................................... 51 6.2 State Department of Early Learning and Basic Education ......................................................... 52 6.3 Kenya Institute of Curriculum Development (KICD) ................................................................ 53 6.4 Kenya Education Management Institute (KEMI) ...................................................................... 54 6.5 Teachers Service Commission (TSC) ........................................................................................ 55 6.6 Kenya Institute of Special Education (KISE)............................................................................. 56 6.7 Center for Mathematics, Science and Technology in Africa (CEMASTEA) ............................ 57 6.8 Kenya National Examination Council (KNEC) ......................................................................... 58 6.9 State Department for Development of Arid and Semi-Arid Lands (ASALs) ............................ 58 6.10 Public Works Department .......................................................................................................... 59 6.11 National Construction Authority ................................................................................................ 60 6.12 Directorate of Occupational Safety Health and Services (Doshs).............................................. 60 6.13 Social Protection ........................................................................................................................ 61 6.14 Ministry of Health (Public Health Department) ......................................................................... 61 6.15 The National Council for Nomadic Education in Kenya (NACONEK) .................................... 62 7.0 RecommendationS and Program Action Plan............................................................. 64 7.1 Program Design Recommendations ........................................................................................... 64 7.2 Recommendations for the Program Action Plan ........................................................................ 66 Annex 1: System Assessment Tool ................................................................................................... 69 Annex 2: Consultation with Vulnerable and Marginalized Groups (VMGs) .................................... 78 Annex 3: Procedures for Environmental and Social Management in Kenya..................................... 79 Annex 4: List of Stakeholders Consulted at County Level ................................................................ 81 i Annex 5: List of National Stakeholders Consulted Virtually ............................................................. 92 List of Tables Table 1: Key Result Areas and related DLI .......................................................................................... 3 Table 2: Environment and Social Effects Associated with Interventions ........................................... 11 Table 3: Policy, Legal, Regulatory Framework Applicable to the Program ....................................... 15 Table 4: Institutional Framework for Environmental and Social Management under the KPEELP .. 27 Table 5: Core Principle #1: General Principle of Environmental and Social Management................ 40 Table 6: Core Principle #2: Natural Habitats and Physical Cultural Resources ................................. 42 Table 7: Core Principle #3: Public and Worker Safety ....................................................................... 43 Table 8: Core Principle #4: Land Acquisition .................................................................................... 45 Table 9: Core Principle #5: Cultural Appropriateness & Equitable Access to Program Benefit ........ 46 Table 10: Core Principle #6: Social Conflict ...................................................................................... 48 Table 11:Program Action Plan to manage E&S Effects and Risks .................................................... 66 ii List of Acronyms ASAL Arid and Semi-Arid Lands BoM Board of Management CAJ Commission on Administrative Justice CBC Competence Based Curriculum CBO Community Based Organizations CDE County Director of Environment CDF Constituency Development Fund CEMASTEA Centre for Mathematics, Science & Technology Education in Africa C&G Complains and Grievance CoK Constitution of Kenya COVID-19 Coronavirus Disease CPR Comprehensive Project Report CSO Curriculum Support Officer DLI Disbursement Linked Indicator DOSHS Directorate of Occupation Safety and Health Services EA Environmental Audit Edu Tech Technology in Education EMCA Environmental Management and Coordination Act EIA Environmental Impact Assessment E&S Environment and Social ESHS Environmental and Social Health and Safety ESF Environment and Social Framework ESIA Environmental and Social Impact Assessment ESMP Environmental and Social Management Plan ESMS Environmental and Social Management Systems ESD Education for Sustainable Development ESSA Environmental and Social System Assessment ESP Elimu Scholarship Program FGM Female Genital Mutilation FCA Finn Church Aid FDSE Free Day Secondary Education FLLOC Financing Locally Led-Climate Action Program FPE Free Primary Education GBV Gender Based Violence GoK Government of Kenya GRM Grievance Redress Mechanism HCI Human Capital Index HIV/AIDs Human Immunodeficiency virus/acquired immunodeficiency syndrome ICT Information and Communication Technology IEs Implementing Entities INSET In-Service Education and Training IP Indigenous Persons IPF Investment Project Financing KERRA Kenya Rural Roads Authority KDSP Kenya Devolution Support Program KICD Kenya Institute of Curriculum Development KISE Kenya Institute of Special Education KEMI Kenya Education Management Institute KNEC Kenya National Examination Council iii KPEELP Kenya Primary Education Equity in Learning Program KUSP Kenya Urban Support Program KEPSHA Kenya Primary Schools Head Teachers KNUT Kenya National Union of Teachers KNCHR Kenya National Commission of Human Rights LCBEP Learning Continuity in Basic Education Project LSE Life Skills Education LWF Lutheran World Foundation MIS Management Information System MoE Ministry of Education NACONEK National Council for Nomadic Education in Kenya NASMLA National Assessment System for Monitoring Learner Achievement NCA National Construction Authority NCPWD National Council of Persons With Disability NECC National Environmental Complaints Committee NEMA National Environment Management Authority NEMIS National Education Management Information system NER Net Enrolment Rate NESSP National Education Sector Strategic Plan NET National Environment Tribunal NGEC National Gender and Equality Commission NGO Non-Governmental Organizations OHS Occupational Health and Safety OP/BP Operational Policy/ Bank Procedure PAP Program Action Plan PDO Program Development Objective PfR Program for Results PHO Public Health Officer PIU Program Implementation Unit POM Program Operational Manual PTTCs Primary Teacher Training Colleges PISA-D Programme for International Student Assessment’s for Development PTR Pupil Teacher Ratio PWE Public Works Engineer PWD Persons With Disability RA Result Areas RoD Records of Decision SAGAs Semi-Autonomous Government Agencies SBTS School Based Teacher Support SIDP School Infrastructure Development Plan SDG Sustainable Development Goals SDI Service Delivery Indicator SEA/H Sexual Exploitation Abuse/Harassment SEQIP Secondary Education Quality Improvement Project SMP School Meals Program SNE Special Needs Education SOP Standard Operating Procedures SPR Summary Project Report SR Study Report TA Technical Assistance TPAD Teacher Performance, Appraisal, and development iv TTCs Teacher Training Colleges ToTs Training of Trainers TPD Teacher Professional Development TSC Teachers Service Commission UMIC Upper Middle-Income Country UNHCR United Nations High Commission for Refugees VMG Vulnerable and Marginalized Groups WASH Water Sanitation and Hygiene WFP World Food Program WIBA Work Injury Benefits Act WRA Water Resource Authority v EXECUTIVE SUMMARY 1. Through the Ministry of Education (MoE), the Government plans to implement the Kenya Primary Education Equity in Learning Program (KPEELP) beginning the financial year 2022/23. The main objective of KPEELP (herein referred to as the Program) is to address the prevailing inequities in school participation and learning outcomes that present the largest constraints to improvements in the human capital formation and have contributed to variations in subnational Human Capital Index (HCI) in Kenya. Considered as a critical step towards achievement of the National Education Sector Strategic Plan II (NESSP II 2022 - 2026), the Program is expected to lead to the higher order outcome of improved human capital for higher productivity and growth in Kenya. 2. The World Bank proposes to support the KPEELP through a hybrid approach comprising the World Bank’s Program for Results (PforR) and Investment Project Financing (IPF) financing instruments. The PforR is a lending instrument through which the World Bank finances the achievement of results rather than the provision of inputs. In accordance with the requirements of the World Bank PforR Policy, the proposed Program will apply the borrower systems in the management of environmental and social effects1. On the other hand, the World Bank Environment and Social Framework (ESF) will be applied in the management of the downstream impacts associated with the Technical Assistance (TA) activities to be financed under the IPF component. 3. This Environmental and Social Systems Assessment (ESSA) aimed to review the existing borrower systems in terms of its capacity to plan and implement effective measures for management of environmental and social effects associated with the Program. This is with intention to address any gaps in the system that may impede effective management of E&S effects. Specifically, the ESSA sought to. i) identify the program’s environmental and social effects, ii) assess the legal and policy framework for environmental and social management, including a review of relevant legislation, rules, procedures, and institutional responsibilities that are being used by the program; iii) assess the capacity to implement requirements under the system; and (iv) recommend specific actions to address gaps in the program’s system and implementation capacity under the Program Action Plan (PAP). The assessment also determined the extent to which the program’s environmental and social management systems are consistent with six core environmental and social principles and corresponding key planning elements provided under the PforR Policy. 4. This ESSA report is organized under the following sections: a. Program description that outlines the scope of the program, the Program Development Objective (PDO), and Key Result Areas (RAs). b. Methodology section which describes the actions that the program will support and the environmental and social effects that such actions are likely to produce. This includes the objectives, scope and purpose of the ESSA and summarizes the methodology approach. c. Environment and social effects of the program that outlines the actions that the program will support and the environmental and social effects that such actions are likely to produce. d. Applicable environmental and social management systems that provides a summary of the borrower system relevant for management of E&S risks and impacts associated with the Program activities e. Stakeholder consultations section which provides the key outcomes of the consultations undertaken including recommendations for improving program design and implementation modalities. 1 “Effects� is used in this document to refer collectively to benefits, impacts, and risks. The term “benefits� refers to positive consequences whereas “impacts� refers to adverse or negative consequences of actions taken. “Risks�, expressed in terms of probability and severity of consequences occurring in the future, are used to denote the potential for loss or damage of an existing environmental or social issue. vi f. Program system assessment where a summary of the system performance highlighting its adequacy in management of E&S risks associated with the Program activities and its consistency with six core environmental and social principles provided under the World Bank PforR Policy and corresponding key planning elements. g. Capacity assessment of implementing agencies where a description of their technical, financial and human resources capacity for managing Program E&S Effects is described and recommendations for enhancing their capacity is provided. h. Recommendations and Program Action Plan (PAP). The section recommendations for addressing the identified system and capacity that need to be mainstream into program design and others included Program Action Plan for implementation at project effectiveness and after approval. 5. The Program aims to address three dimensions of equity in primary education that are critical for reducing learning achievement disparities across regions and learner groups. The first dimension pertains to the overall levels of service provision, and the need to align various reforms for delivering equitable learning outcomes. The second dimension is, the participation and success of learners in lagging regions that requires strengthened focus on the proximate determinants of learning. Gender an important equity concern is the third dimension which seeks to address the concern of girls still lagging in schooling participation (high dropout rates in upper primary and low primary cycle completion rates) resulting to their being disadvantaged in the labor market. 6. The Project Development Objective (PDO) is to reduce regional disparities in learning outcomes, improve the retention of girls in upper primary education and strengthen implementation of key initiated reforms to improve learning. The operation is expected to directly benefit approximately 6 million learners in primary education, 50,000 refugee children, 20, 000 diploma students, and about 200,000 primary school teachers. The Program will be implemented by the Ministry of Education (MoE) and Teachers Service Commission (TSC), with support from Semi-Autonomous Government Agencies (SAGAs) mainly KICD and KNEC2. MoE may engage other SAGAs such as CEMASTEA, NACONEK, KEMI and KISE3. 7. The Program is designed into three Key Result Areas (RAs) that entail: • Result Area 1: Equalize learning opportunities: improve learning outcomes in target counties and for refugee population. Results Area 1 will address low learning achievement in the target schools through focusing on four key interventions aimed at improving the school environment for effective teaching and learning. These include: (i) results-based school grants, (ii) improving teacher deployment in target schools with the highest shortage; and (iii) supporting school meals for vulnerable learners; and (iv) conducting national sample-based learning assessments (NASMLA). The 50 camp-based refugee schools, many of which are hosted by low performing counties such as Turkana and Garissa in North Eastern Kenya, are included in the target schools under this result area. • Results Area 2: Improve girls’ participation in schooling, including in refugee hosting counties. Under this Results Area 2, three key challenges will be addressed to improve girls’ retention in upper primary, completion of the primary education cycle, and transition to secondary education. These are: (i) removing financial barriers to school attendance and meeting the basic education needs of poor girls and vulnerable boys [Boys from poorest households, particularly in the informal settlements/slums, and orphaned boys] (including learners with disabilities and refugee children); (ii) strengthening the supply chain for menstrual hygiene products to ensure that girls’ attendance in school will not be interrupted by the lack of sanitary towels; and (iii) tracking girls at risk of dropping out and facilitating the reentry of enrolled girls who dropped out due to pregnancy. 2 Kenya Institute of Curriculum Development (KICD); Kenya National Examinations Council (KNEC). 3 Centre for Mathematics, Science and Technology in Africa (CEMASTEA); National Council for Nomadic Education in Kenya (NACONEK); Kenya Education Management Institute (KEMI); Kenya Institute of Special and Education (KISE). vii • Result Area 3: Strengthen reform implementation capacity. This results area will strengthen fidelity of implementation of initiated reforms to improve learning for all. The success of these key reforms, the major one of which is introduction of the CBC and formative assessments in basic education, will require complementary actions in a number of critical areas. The first action pertains to better utilization of NEMIS data for filling information gaps in CBC implementation, specifically in respect of the allocation of capitation grants, mapping of school needs, and development budget allocations. The second action is capacity strengthening of the PTTCs to ensure that their graduates have acquired the core competencies and are ready as new teachers, to implement the CBC. The third action to establish standards and tools for quality assurance of preschools, is fully aligned with the CBC’s objective of improving basic education quality. Finally, construction of new classrooms in existing schools as per the needs-based school infrastructure investment plan, will address the CBC’s requirement for improved learning conditions in schools. 8. ESSA Scope and Methodology. In conducting the ESSA various methods were applied as highlighted: • Desk review of policies, legal framework, regulations and program documents. The review examined the set of policies and legal requirements related to environment and social management at the national, county and sub-county levels in Kenya. The review also examined technical and implementation support documents from previous and ongoing World Bank PforR operations in Kenya including the Financing Locally Led-Climate Action Program (FLLOCA), Kenya Urban Support Program (KUSP) and Kenya Devolution Support Program (KDSP). The World Bank related documents reviewed included: Program Concept Note; Draft Program Appraisal Documents; and ESSA reports. • Stakeholder System and Capacity Assessments: The ESSA process included extensive stakeholder consultations and data collection from national, county and sub-county levels to assess the environmental and social systems and capacity for their management thereof. The stakeholder consultations were conducted in six (6) Counties comprising Bungoma, Kwale, Makueni, Narok, Siaya and Turkana. These were purposefully selected because they experience some of the challenges affecting basic education such as: i) low learning outcomes in higher order competencies on the basis of the National Assessment System for Monitoring Leaner Achievements (NASMLA); ii) low Net Enrolment Rates (NERs) and iii) experience high drop- out rates for girls and vulnerable boys. In addition, focus group discussions were held with Vulnerable and Marginalized Groups (VMGs), Indigenous Persons (IPs) and their representatives, Interest groups/Community Based-Organizations (CBOs) and Non- Governmental Organization (NGO) championing the interest of such VMGs. The consultation was also carried out with host marginalized communities and refugees who will also be targeted under the Program • Additionally, virtual consultations were held with key SAGAs and State Departments and Ministries such as DOSHS, NCA, NEMA, Public Works, Public Health that are relevant in supporting Program compliance with the E&S system requirements. The analysis was to identify their mandate in the PforR funded activities, and establish synergies amongst related entities at the national, county and sub-county levels. Stakeholder engagements and consultations indicated keenness to address systemic and capacity gaps for effective environmental and social management and, disposition for collaboration and coordination amongst related entities. The feedback informed the program’s action plan. In line with the World Bank’s Access to Information Policy, the ESSA Report will be disclosed on the MoE website by 25th February, 2022. 9. In general terms, the assessment focused on the environmental and social effects of Program. It mainly evaluated: i) the adequacy of the applicable system in management of E&S risks and impacts associated with Program activities; ii) how and whether the system is applied as documented, iii) the extent of compliance monitoring, evaluation and reporting including provision of viii feedback to improve program performance. In addition, the assessment further determined whether there is equitable access to the existing programs such as scholarships interventions provided under Secondary Education Quality Improvement Project (SEQIP) and whether the programs are engaging and meeting the needs of IPs and VMGs. The assessment also examined the measures put in place to ensure effective consultation with the VMGs and IPs and or their represented and whether they have a voice in some of the interventions implemented under the MoE. The assessment also interrogated the effectiveness of the Grievance Redress Mechanisms (GRM).in addressing the complaints and concerns of stakeholders. Program Environmental and Social Effects 10. Considering the scope and scale of activities under KPEELP, the anticipated program environment and social effects pose moderate risks. Additionally, consistent with World Bank PforR Policy, activities that present high social or environmental risks will not be supported under the operation. Activities under the program are likely to provide environmental and social benefits such as; i) improved school conditions in target counties for enhanced teaching and learning, ii) improved sanitation and hygiene, iii) quality infrastructure development, iv) reduced congestion through construction of additional classrooms, v) progress in the implementation of initiated key reforms in the education sector, vi) reduced teacher shortage in target schools with high PTR, vii) effective implementation of the CBC at the primary level, viii) enhanced enrollment and retention of girls in schools and ix) increased accessibility for learners with special needs and disabilities. 11. Under the PforR component, environment impacts are related to construction activities within schools and thus potential impacts are temporary, site-specific, manageable, and reversible. Existing school building designs may lead to restricted access, inadequate lighting and ventilation, inadequate water and sanitation facilities, fire and electrical safety risks, and site incidents, during renovation and rehabilitation works. Potential environmental risks include: a) construction related impacts: localized air & noise pollution, loss of biodiversity through clearing of vegetation, generation of construction waste and waste water effluent, Occupational Health and Safety (OHS) risks including the spread of infectious diseases such as COVID-19; b) public health and hygiene risks associated with the school meals program; c) generation and disposal of sanitary waste from supply of hygiene products for girls; and d) inadequate capacities for effective monitoring and management of environmental risks. 12. To mitigate environment risks, the screening process will include a criterion to exclude certain categories of projects that are high risks with significant negative impacts that are sensitive, diverse, irreversible, or unprecedented on the environment. At appraisal, each sub-project will be screened for environmental and social risks, this will be guided by the Environmental Management and Coordination Act EMCA,1999 (revised in 2015) and the standard operating Procedures (SOP) for E&S screening. The outcome of the screening process will determine the appropriate environmental assessments to be used. That is, whether Summary Project Report, Comprehensive Project Report or (Full), Study Report. These instruments will outline the Environmental and Social Management Plan (ESMP) for the given subject. In addition, the Environment and Social Management Systems (ESMS) that will be prepared under KPEELP will have guidelines and Standard Operating Procedures (SOPs) as indicated in the program action plan for management of civil works and construction activities in learning institution including other program activities such as school meals program and supply of hygiene products for girls. 13. Social impacts associated with activities under the PforR component are anticipated to be moderate. The Program will enhance equity in access to education, address existing gender imbalance in school participation, reduce regional disparities in learning outcomes and enhance inclusion and integration of Vulnerable and Marginalized Groups (VMGs) and Indigenous Persons (IPs). Potential social risks include: i) elite capture and exclusion of poor, vulnerable and minority learners and communities from access to program benefits; ii) selection bias where project interventions such as school meals and infrastructure end up in locations and on individuals who are easier to access, rather than the most deserving; iii) Community Health and Safety (CHS) concerns related to SEA/SH and other forms of GBV including the risk of learner’s exposure to drugs, alcohol, early pregnancy and Covid-19 and other transmissible diseases arising from influx of construction workers and suppliers in ix schools; iv)Sexual exploitation and abuse, sexual harassment (SEA/H) and other forms of gender-based violence (GBV) arising from exploitation of women and girls for program benefits or by supporting girls to attend schools where they are at risk of abuse; v) systemic weakness due to inadequate capacity of the Program Implementing Unit (PIU) to identify, manage and prevent adverse social impacts; vi) upsetting community dynamics caused by the program interventions such as school meals and infrastructure interventions operating in a small number of sites relative to immense and widespread need thereby leading to harmful inward migration that could easily upset delicate community dynamics; vii) an ineffective grievance redress mechanism to handle conflicts and redress, and, viii) child labor where learners are requested to bring firewood and water for food preparation. All these risks are amplified by COVID-19 restrictions and challenges in the traditional access to beneficiaries for meaningful stakeholder and community engagements. 14. The potential social risks and negative impacts are manageable and will be mitigated through an operational ESMS in line with measures outlined in the PAP. Specific measures include SOPs and guidelines, as applicable, for: screening for E&S risks and impacts; prevention and management of complaints and grievances; prevention and management of GBV/SEA-H; stakeholder engagement and information disclosure; inclusion of ESHS provisions in contract bidding and contracts documents; effective management and coordination of scholarships and student mentorship programs comprehensive design of the SMP to include provision of water and renewable sources of energy for food preparation to reduce child labor risks, compliance with MoH guidelines on COVID-19 management, development for a robust criteria for targeting beneficiary counties, schools and learners for program benefits, and compliance monitoring, evaluation and reporting. Key Findings on the Environmental and Social System Assessment 15. The ESSA concludes that the existing environmental and social management systems are adequate to address underlying environmental and social risks and negative impacts. Noteworthy strengths are: i) The Environment Management and Coordination Act, EMCA 1999 (amended in 2015) provides for the establishment of an appropriate regulatory and institutional framework for management of the environment. The Act also provides guidance on screening and assessment of any new program to ensure effective E&S management; ii) Country systems have policies and legislations on public consultation; and iii) The Constitution of Kenya (CoK) has express provisions: to address the needs of vulnerable groups and protect against their discrimination on the basis of gender, ethnicity, disability, religious and cultural affiliation, for Affirmative Action to redress past disadvantage suffered by individuals or groups because of past discrimination and marginalization; to promote gender equity and respect for minority rights; for public participation; to reduce gender inequalities and discrimination against all VMG’s and IP’s; and, the management of contractor-worker relations during implementation of infrastructure activities. Article 21 (3) has provisions to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalized communities, and members of particular ethnic, religious or cultural communities.The OSHA 2007 promotes safety, health and welfare of all workers at the workplace, preventing work related injuries and sickness, protecting third party individuals from being pre-disposed to higher risk of injury and sickness associated with activities of people at places of work. 16. System and capacity gaps were identified in: i) Sporadic compliance with E&S provisions (application of ESMS system as provided by EMCA, 1999, OSH Act, 2007 for school infrastructure activities) due to limited awareness, resourcing, and coordination with relevant stakeholders such as DOSHS, NEMA, NCA and Public Health, ii) Opportunities to include measures for more sustainable use of resources not fully and systematically exploited to reduce on environmental pollution, iii) Food safety and public health risks due to improper handling and storage of food leading to contamination iv) Lack of substantive processes and guidelines for administration of scholarships leading to risks of exclusion and elite capture v) Lack of coordination between different scholarship programs leading to double dipping, vi) Efforts to address GBV/SEA-H risks done mostly through SEQIP are limited by inadequate resourcing resulting in low coverage of the counties, vii) Lack of proper coordination with compliance and regulatory such as NEMA , NCA, DOSHS, Children's Department, NGECK and Public Works to support monitoring, reporting and compliance of E&S risk management, viii) Lack of x a robust and accessible GRM mechanism that is interoperable between MOE agencies, ix) Gaps in the collection and management of data on learners with disability, and x) Limited capacity (technical and human) of the agencies limiting proper application of E&S risk mitigation systems. 17. Recommendations to improve program design are as follows: • The MoE to develop and implement an Environmental and Social Management System (ESMS) to guide and mandate the application of E&S risk management across program activities - construction, scholarship, and school meals. • Operationalization of the ESMS by; a) preparation of an ESMS manual, and b) training and capacity building on the ESMS manual. • Awareness of, and progressive application of infrastructure design of schools to include sustainable use of resources and reduce environmental pollution. School designs to incorporate rainwater harvesting and storage capabilities. Additionally, design and inclusion of biogas facilities as feasible. • Engage relevant regulatory institutions responsible for ESHS risk management including public health, DOSHS, NCA in line with program activities on school meals, provision of hygiene products and infrastructure. • Strengthening and mainstreaming of existing guidelines for management of GBV risks in schools-including mapping out of survivor service providers and referral pathways for GBV/SEA-H prevention and response. • Adopt and mainstream best practices under Elimu scholarship and build capacity and systems within government institutions for management of scholarships and mentorship programs. • Provide adequate human and financial resources to ensure fidelity of implementation of the ES risk management systems and compliance monitoring. This can be done by either hiring experts in environmental and social risks management or getting secondment from NEMA. It is specifically recommended that the project management unit at the national and county level include experts in environmental and social management. There is also need for MoE to hire experts to assist with conducting ESIA studies for proposed infrastructure subjects. • Adhere to the KPEELP program exclusion list as a strategy for addressing E&S risks. • Hire support staff to assist in food preparation in schools. However, requisite public health certificates should be obtained. • Ensure development of school master plan as a strategy to improve siting and lay out planning as well as enhance harmony and reduce on overall infrastructure cost. • In areas where land is scarce, MoE to consider construction of storey buildings under school infrastructure activities. • School infrastructure to include tree planting (to include fruit trees such as mangoes, citrus, guavas, paw paws) to provide shed and food to the children as well as serve as source of energy. • Ensure scholarship committees are composed of representatives of VMGs and IPs communities including persons of high integrity and credible character. • The scholarship should also include learners from private schools who are currently not considered. • Designate staff to manage GRM at school, county, and national levels. • Ensure effective and continuous project information disclosure sessions that are accessible to the most vulnerable and marginalized groups and IP communities. 18. Program Action Plan (PAP): Based on the assessment, the key Program actions are highlighted below: 1. Preparation and adoption of the Environmental and Social Management System (ESMS) manual including training and capacity building of Training of Trainers (TOTs). 2. Review and analyse NEMIS capabilities on collecting, disaggregation and reporting on data for learners with special needs and disability and recommendations to close identified gaps. 3. Complete the ongoing process to institutionalize the process and procedures for administration and management of scholarships at MoE's JKF. 4. Design and develop a GRM MIS module compatible with NEMIS and interoperable between agencies. xi 5. Assess the outcomes of biogas pilots and analyze existing practices on use of biogas in schools. xii 1.0 PROGRAM DESCRIPTION 1.1 Background 19. Education is considered a key driver of economic development in Kenya and in partnership with donors, the government has invested heavily in efforts aimed at providing quality education for all Kenyans. The commitment to provide education for all, is demonstrated by the introduction of Free Primary Education (FPE) and Free Day Secondary Education (FDSE) in 2003 and 2008 respectively. Abolishing school fees in public primary schools in Kenya removed a significant barrier to access to education. Prevailing inequities in school participation and learning outcomes present the largest constraints to improvements in the human capital formation and have contributed to variations in sub- national Human Capital Index (HCI) in Kenya. Unless widening disparities are addressed, the learning gap in Kenya will persist and widen and consequently posing negative impact on future worker productivity. 20. Having improved access to education, the Government focused its resources on student learning by undertaking several reforms. These included: i) a modernized curriculum through designing and rolling out of the Competence Based Curriculum (CBC) and assessment for grades 1 to 5; ii) reformed teacher management and development to address teacher absenteeism, inadequate mastery of subject content and pedagogic skills, and low learning outcomes; iii) reforms in procurement and distribution of core textbooks to ensure that each learner in grades 1 to 12 has access to essential learning materials in the main subjects thereby improving school inputs; iv) strengthened school management structures where Ministry of Education (MOE) and the Teachers Service Commission (TSC) gradually decentralize key functions to their county and sub-county education offices to strengthen school-level management and accountability; and, v) investments in technology education (EDU Tech) at the basic education level enhancing digital literacy infusion in the CBC. 21. Despite the above reforms and strides made, Kenya still faces several challenges in access to primary and girl’s education. These challenges include: i) prevailing inequalities in access due to wide regional disparities on net enrollment rates (NERs) notably at preschool and primary levels, learners with disabilities and special needs are out of school due to misdiagnosis and inaccessibility of learning devices, and, low retention and transition in upper primary and secondary school, respectively, especially for girls; ii) low learning outcomes in higher order competencies drawn from wide regional disparities and varying wealth quantiles; iii) the COVID-19 pandemic has worsened learning outcomes, increased dropouts, exacerbated inequality and led to low re-enrollments especially for girls. 22. Refugee communities are equally challenged in access to education as: i) two of the main refugee-host Counties, Turkana and Garissa, are the worst lagging regions in NERs; ii) learners with disabilities are confronted with unfriendly infrastructure including WASH facilities, long distances to schools and inadequate learning resources; iii) there is poor school attendance and low literacy for girls and women, respectively, emanating from prevailing socio-economic conditions; iv) transport, books, uniforms and indirect costs are high; v) they have different educational experiences and linguistic competencies resulting in learners falling behind or dropping out; and, vi) they lack information and resources to support the processes for recognition of prior learning and birth certificates, which are required for registration on the NEMIS and for national examinations. 1.2 Government’s Program 23. The operation is grounded on the Government’s National Education Sector Strategic Plan II (NESSP II), 2022 - 2026. The government’s program includes four themes that are critical for addressing inequities in access to quality basic education: i) access and participation; ii) equity and inclusiveness; iii) quality and relevance; and iv) governance and accountability. NESSP II has eight (8) core sub-programs for basic education: i) governance and accountability; ii) pre-primary education; iii) primary education; iv) secondary education; v) inclusive education for learners and trainees; vi) teacher education, professional development, and management; vii) quality assurance and standards; and viii) cross cutting and contemporary issues. The government’s program aims to address regional 1 disparities in access, improve learning outcomes at basic education level and focus on girl’s and refugee’s education. 1.3 Program Description 24. The Kenya Primary Education Equity in Learning Program (KPEELP), a hybrid Program-for- Results (PforR) and Investment Project Financing (IPF) operation, will support the government’s Program; NESSP II. The objective of the KPEELP is to reduce subnational disparities in learning outcomes, improve the retention of girls in upper primary education, and strengthen systems at the national level to assure learning for all. The results based PforR will build implementing institutions capacity, strengthen systems by closing gaps and support implementation of on-going reforms, to offer quality education and improve learning outcomes for greater equity in basic education. The IPF component will mainly support Program management; key technical assistance required for achieving key results in priority areas under the three RAs; and to facilitate achievement of results by minimizing technical, safeguards, and fiduciary risks as per the actions in the Program Action Plan (PAP). The IPF component will also support an independent verification agency (IVA) for the Disbursement Linked Indicators (DLIs). 25. The World Bank financing of US$ 100 million to the KPEELP will be over a period of five years from the date of approval of the operation. The financing comprises of a US$ 90 million assistance to the Program using the PforR instrument and a US$ 10 million for the Investment Project Financing (IPF) instrument. 26. The proposed operation will support the government’s program to reduce subnational disparities in learning outcomes, improve the retention of girls in upper primary education, and strengthen systems at the national level to assure learning for all. Six (6) NESSP II sub-programs will be leveraged under three (3) Result Areas (RAs): i. Result Area 1: Equalize learning opportunities: improve learning outcomes in target counties and for refugee population. Results Area 1 will address low learning achievement in the target schools through focusing on four key interventions aimed at improving the school environment for effective teaching and learning. These include: (i) results-based school grants, (ii) improving teacher deployment in target schools with the highest shortage; and (iii) supporting school meals for vulnerable learners; and (iv) conducting national sample-based learning assessments (NASMLA). The 50 camp-based refugee schools, many of which are hosted by low performing counties such as Turkana and Garissa in North Eastern Kenya, are included in the target schools under this result area. ii. Results Area 2: Improve girls’ participation in schooling, including in refugee hosting counties. Under this Results Area 2, three key challenges will be addressed to improve girls’ retention in upper primary, completion of the primary education cycle, and transition to secondary education. These are: (i) removing financial barriers to school attendance and meeting the basic education needs of poor girls and vulnerable boys [Boys from poorest households, particularly in the informal settlements/slums, and orphaned boys] (including learners with disabilities and refugee children); (ii) strengthening the supply chain for menstrual hygiene products to ensure that girls’ attendance in school will not be interrupted by the lack of sanitary towels; and (iii) tracking girls at risk of dropping out and facilitating the reentry of enrolled girls who dropped out due to pregnancy. iii. Result Area 3: Strengthen reform implementation capacity. This results area will strengthen fidelity of implementation of initiated reforms to improve learning for all. The success of these key reforms, the major one of which is introduction of the CBC and formative assessments in basic education, will require complementary actions in a number of critical areas. The first action pertains to better utilization of NEMIS data for filling information gaps in CBC implementation, specifically in respect of the allocation of capitation grants, mapping of school needs, and development budget allocations. The second action is capacity strengthening of the PTTCs to ensure that their graduates have acquired the core competencies and are ready as new teachers, to implement the CBC. The third action to establish standards and tools for quality 2 assurance of preschools, is fully aligned with the CBC’s objective of improving basic education quality. Finally, construction of new classrooms in existing schools as per the needs-based school infrastructure investment plan, will address the CBC’s requirement for improved learning conditions in schools. 1.4 Program Development Objectives 27. The Program Development Objective (PDO) is to reduce regional disparities in learning outcomes, improve the retention of girls in upper primary education and strengthen implementation of key initiated reforms to improve learning. 28. The PDO-Level Indicators are: a) Increase in the share of students achieving higher order competencies in numeracy (Level 4) in the NASMLA Grade 3 assessment, in Counties falling into the lowest quintile of performers, including in refugee populations. (Percentage). b) Increase in the share of students achieving higher order competencies in literacy (Level 4) in the NASMLA Grade 3 assessment, in Counties falling into the lowest quintile of performers, including in refugee populations. (Percentage). c) Improved retention of poor and vulnerable girls, including in refugee populations, in upper primary (grades 7-8); and d) Successful roll out of CBC and CBC’s formative assessment reforms in basic education. (DLI). 1.5 Program Disbursement Linked Indicators 29. The program funds will be provided through Disbursement Linked Indicators (DLIs) aligned to the three RA as shown in Table 1. Table 1: Key Result Areas and related DLI Result Area DLI linked to result area Result Area 1: Equalize learning opportunities: DLI #1: Targeted primary schools receiving school improve learning outcomes in target counties and for grants for completing priority areas in their SIPs refugee population. Results Area 1 will address low learning achievement in the target schools through DLI #2: Scaling-up of the school meals program for focusing on four key interventions aimed at improving the vulnerable learners [MoE and WFP developed the school environment for effective teaching and standards for nutritious school meal. The standards learning. These include: (i) results-based school grants, will be annexed in the POM] during each school (ii) improving teacher deployment in target schools with calendar year the highest shortage; and (iii) supporting school meals for vulnerable learners; and (iv) conducting national DLI #3: New teachers deployed to primary schools sample-based learning assessments (NASMLA). The 50 with the highest teacher shortage camp-based refugee schools, many of which are hosted by low performing counties such as Turkana and Garissa in North Eastern Kenya, are included in the target schools under this result area. Results Area 2: Improve girls’ participation in DLI #4: Scale up of Elimu scholarship, school kits schooling, including in refugee hosting counties. and mentoring support services for poor and Under this Results Area 2, three key challenges will be vulnerable boys and girls addressed to improve girls’ retention in upper primary, completion of the primary education cycle, and transition to secondary education. These are: (i) removing financial barriers to school attendance and meeting the basic education needs of poor girls and vulnerable boys [Boys 3 Result Area DLI linked to result area from poorest households, particularly in the informal settlements/slums, and orphaned boys] (including learners with disabilities and refugee children); (ii) strengthening the supply chain for menstrual hygiene products to ensure that girls’ attendance in school will not be interrupted by the lack of sanitary towels; and (iii) tracking girls at risk of dropping out and facilitating the reentry of enrolled girls who dropped out due to pregnancy. Result Area 3: Strengthen reform implementation DLI #5: Successful rollout of the CBC and capacity. This results area will strengthen fidelity of formative assessments evidenced by achievement of implementation of initiated reforms to improve learning key implementation milestones. for all. The success of these key reforms, the major one of which is introduction of the CBC and formative DLI #6: New classrooms constructed in existing assessments in basic education, will require schools as per the needs-based school infrastructure complementary actions in a number of critical areas. The investment plan first action pertains to better utilization of NEMIS data for filling information gaps in CBC implementation, DLI #7: Capacity building of targeted diploma specifically in respect of the allocation of capitation colleges for implementation of competency-based grants, mapping of school needs, and development teacher education curriculum. budget allocations. The second action is capacity strengthening of the PTTCs to ensure that their graduates have acquired the core competencies and are ready as new teachers, to implement the CBC. The third action to establish standards and tools for quality assurance of preschools, is fully aligned with the CBC’s objective of improving basic education quality. Finally, construction of new classrooms in existing schools as per the needs- based school infrastructure investment plan, will address the CBC’s requirement for improved learning conditions in schools. 1.6 Program Beneficiaries 30. The operation will mainly focus on the vulnerable groups including girls, those with special needs, disabilities and refugee children. The directly targeted beneficiaries include: a) about 6 million learners in primary education (school grants, girl’s education interventions, school infrastructure development and school meals), including about 221,529 children in refugee hosting counties; b) about 117,900 refugee children in camp-based primary schools; c) approximately 20,000 diploma teacher trainees in PTTCs, d) about 200,000 primary school teachers.The operation will be implemented nationwide with the exception of school grants under RA1 that will target 4,972 primary schools in the Ten (10) target counties and 50 camp-based refugee primary schools and 643 primary schools in refugee host communities. The Ten Counties are those at the bottom quintile 20 percent of counties in terms of educational performance and poverty index and comprise Wajir, Mandera, Turkana Garissa, Samburu, Siaya, Bungoma, Bomet, Kisii and Narok. 1.7 Program Implementation 31. The proposed Operation will be implemented by the MoE and TSC, with support from mainly KICD and KNEC. MoE may engage other entities such as CEMASTEA, NACONEK, KEMI, KNEC and KISE to provide technical support such as the SBTS initiative, support to camp-based refugee schools, interventions for special needs learners, and capacity building of teachers and headteachers. 4 32. The MoE and TSC are the main Implementing Entities (IEs) for RA1, equalize opportunities, improve learning outcomes in target counties. The MoE is the main IE for RA2, achieving gender parity in schooling in target Counties. MoE, KICD and KNEC are the main IEs for RA3, strengthened systems capacity for implementing initiated reforms. 33. The roll out of CBC and assessments in basic education will be supported by the MoE, KICD and KNEC. The TSC is tasked to develop robust teacher management systems. The National Council for Nomadic Education in Kenya (NACONEK) will support MoE in supervision of the school grants interventions in the camp-based refugee schools. Refugee related interventions will be implemented in close consultation with the Department of Refugees Services and United Nations High Commissioner for Refugees (UNHCR). 1.8 ESSA Methodology 1.8.1 Objectives of the ESSA 34. Some of the activities under the proposed KPEELP (such as infrastructure improvement, provision of bursary, school meals program, among others) will result in both positive and adverse environmental and social impacts. As such material measures will need to be put in place to either avoid, mitigate and or offset the adverse impacts while enhancing the positive ones. As this is a PforR project, the Borrower system shall be used for management of environmental and social risk associated with Program activities hence the need for undertaking the Environmental and Social Systems Assessment (ESSA). 35. The purpose of this ESSA is to review the existing borrower systems in terms of its capacity to plan and implement effective measures for management of environmental and social risks and impacts. More specifically, the ESSA sought to: • Identify potential environmental and social impacts/risks associated with the program interventions; • Review of the borrower policy and legal framework governing the management of environmental and social impacts associated with the program interventions; • Determine the extent to which the borrower’s environmental and social management systems are consistent with six core environmental and social principles and corresponding key planning elements provided under the PforR Policy. • Assess the performance of the borrower’s environmental and social system for environment and social risk management with respect to the core principles of the PforR instrument and identifying gaps in the system’s performance; • Assess the institutional capacity of the borrower for managing environmental and social impacts associated with the Program; • Recommend specific actions to address gaps in the program’s system and institutional capacity under the Program Action Plan (PAP). 36. The proposed measures have been compiled into a Program Action Plan (PAP) and will be implemented by borrower through a combination of Program Disbursement Linked Indicators (DLIs), Program Action Plan (PAP), Program Operational Manual (POM) and related ESMS Manual and capacity building activities. Some of the findings of the ESSA and the proposed measures will be integrated in the design of the KPEELP to improve its overall environmental and social performance and sustainability. 1.8.2 Methodology 37. To assess the borrower’s existing environmental and social system and analyse its application in practice, a participatory approach was adopted as outlined below: Desk review 38. A desktop review of related literature on Kenya’s education sector including policy, legal and regulatory framework as well as program documents including the KPEELP Concept Note and draft 5 Program Appraisal Document. This also included a review and analysis of policies, laws and regulations governing environmental and social risk management in Kenya. 39. The desk study also involved of previous PforR programs with a view to interrogate the management of social and environmental risks and lessons learnt from their implementation that can inform measures to improve capacity of the implementing agency (MoE, etc) to improve management of environmental and social risks and impacts associated with the proposed Program. Examples of PforR programs that were reviewed are the Kenya Urban Support Program, Kenya Devolution Support Program, and Financing Locally Led-Climate Action Program. National-level Stakeholder consultations 40. The ESSA also involved consultations with relevant stakeholders responsible for implementing the program on the existing systems for environmental and social risk management as well as their institutional capacity to undertake environmental and social risk management. This also included a discussion on their roles and responsibilities in environmental and social risk management. A total of approximately 1200 stakeholders were consulted. These comprised representatives from the following agencies: o Ministry of Education (MoE), PIUs for SEQIP and GPE as well as the Teachers Service Commission (TSC). o Relevant Semi-Autonomous Government Agencies (SAGAs); Kenya Institute of Curriculum Development (KICD); Kenya Education Management Institute (KEMI); Kenya Institute of Special Education (KISE); Kenya National Examination Council (KNEC); National Council for Nomadic Education in Kenya (NACONEK); and Centre for Mathematics, Science and Technology Education in Africa (CEMASTEA). o Relevant Ministries, Authorities and Departments such as Ministry of Labour and Social Protection (specifically Directorate of Occupational Health and Safety services), Ministry of Public Service, Youth and Gender Affairs (State Department of ASAL), Ministry of Health (Public Health), National Environment Management Authority (NEMA), National Gender and Equality Commission (NGEC). County-level field visits and focused group discussions 41. The ESSA process also involved field visits and focused group discussions with stakeholders at sampled Counties to assess their systems and capacity to not only implement the Program but also to manage environmental and social risks associated with the Program. During the consultation, the KPEELP ESSA team presented to the participants the program objectives, key results areas, implementing agency, and the exclusion lists for subprojects. This presentation also highlighted in greater detail, the Environmental and Social (ES) risks and impacts associated with the program activities and invited the participants to also help identify additional environmental and social risks and impacts and possible mitigation measures. 42. The multiple rounds of county-level visits and stakeholder consultations were undertaken on th 7 - 15th December 2021. Those consulted comprised representatives from County Director of Education office, Teachers Service Commission, County Department of Environment, County Department of Health Services, Social Protection, Public Works, NEMA, National Council of Persons with Disability (NCPWD), Department of Youth Affairs, MoH-Public Health, DOSH, Parents and Teachers’ Associations, KEPSHA, KESHA, KNUT, and Children’s department. Others were Development Partners such as UNHCR and Non-governmental organizations (NGOs) such as the WE World, Lutheran World Foundation (LWF), Finn Church Aid (FCA) among others. Annex 3 and 4 provides the lists of stakeholders consulted virtually and at the counties. 43. In addition to the stakeholder consultations, the ESSA Team also conducted Focus Group Discussions with IPs such as the Sengwer in Narok, Ngikebotok in Turkana, Duruma in Kwale, Ngulia in Makueni, and Ogiek in Mt. Elgon. Other Vulnerable and Marginalized Groups (VMGs) comprising women, elderly youth and people living with disability, their representatives were also consulted. Other agencies consulted comprise interest groups/Community Based-Organizations (CBOs) and Non- Governmental Organization (NGO) such as WE World, Lutheran World Foundation (LWF), Finn 6 Church Aid (FCA) and UNHCR who champion the interest of IPs, VMGs and Refugees. Additionally, stakeholders within the refugee communities that were consulted included UNHCR and LWF. 44. The county visits, stakeholder consultations and focus group discussions were conducted in six (6) Counties comprising Bungoma, Kwale, Makueni, Narok, Siaya and Turkana. 1.9 Stakeholder Validation Workshop and Disclosure 45. The draft ESSA was presented to all relevant stakeholders at both county and national level through a virtual validation workshop. These included representatives from different interest groups include national government (Ministries, Department and Agencies), county governments (Departments of Education, Physical Planning, Environment and Natural Resources, among others), non-governmental organizations (NGOs), development partners, and indigenous/traditionally excluded and marginalized groups. Feedback from stakeholders were used to further review the proposed Program Action Plan, Indicators, and program manual. The final version of the ESSA shall be disclosed on the client’s website before the appraisal of the program. The World Bank will also disclose the ESSA report on the World Bank external website after it is published on the MoE’s website. 2.0 ENVIRONMENT AND SOCIAL EFFECTS OF THE PROGRAM 46. High risk activities associated with the Program will be excluded in line with WB categorization. The Bank categorizes high risk projects that include; power plants, commercial logging, railways & ports, engineered landfills, operations in mining and extractive industries. Regardless of the borrower’s capacity to manage such effects, the exclusion principle applies to Program activities that meet these criteria. The Program will exclude interventions that are likely to: • Land acquisition and/or resettlement of a scale or nature that will have significant adverse impacts on affected people or the use of forced evictions. All school infrastructure will be constructed on existing schools. • Degradation of critical habitats or cultural heritage sites of value. • Activities with significant health and personal safety risks such as renovation of school infrastructure with asbestos roofing material. • Air, water, or soil contamination leading to significant adverse impacts on the health or safety of individuals, communities, or ecosystems. • Activities that involve the use of forced or child labor. • Activities with high risk of GBV/SEA-H. • Activities likely to cause marginalization and/or conflict within or among social groups • Activities that may negatively impact IPs or natural resources subject to traditional ownership or under customary use or occupation such as relocation and displacements. 47. The program will contribute positive environment and social effects for Kenyans through improved access to basic education for all. More specifically, as designed, the program will improve equity in primary education by addressing the existing gender disparities in schooling participation, and sub-national disparities in learning outcomes. However, the program is also likely to pose moderate environment and social (E&S) risks if appropriate measures for managing the E&S risks are not put in place. This section provides a detailed assessment of the likely environment and social effects associated with program activities under the three Result Areas. These are further summarized in Table 2 below. 2.1 Potential Environment Benefits and Risks: 48. The investments under the KPEELP will have positive environment impacts and will provide an opportunity to enhance environment systems to ensure safe, clean, and sustainable surroundings in schools. Potential environment benefits include: i) Improved sanitation in schools through provision of safe toilets ii) Reduced congestion through construction of additional classrooms 7 iii) Scaled-up procedures in food sourcing, handling, storage, and preparation to promote food safety and hygiene in schools iv) Quality infrastructure development v) Strengthened environment risk management at national and county levels through capacity building of education officers, school managers, teachers, board of management and learners vi) Collaborative synergy amongst key departments such as NEMA, NCA, public works and public health 49. Based on the scope and scale of projects to be financed under KPEELP, the anticipated environment effects of the program are expected to be temporary, site-specific, manageable and reversible in nature. Environment, health and safety risks are mainly associated with activities related to construction of school infrastructure, school meals program and in supply of hygiene products for girls. The potential environmental impacts include, but are not limited to; i) Construction related impacts; there will be targeted construction activities (classrooms and sanitation facilities) which may include; new construction, renovation and rehabilitation civil works of school infrastructure within existing school premises. Potential environment risks include: a. Poor infrastructure development from limited involvement of relevant government authorities and technical experts such as NEMA, NCA, and Department of Meteorology in undertaking feasibility studies resulting in inappropriate siting of facilities. This may lead to siting of such facilities in flood-prone areas/near wetlands, roofs being blown by winds, and infrastructure collapse due to contractors limited knowledge on the geology of the project’s area b. Soil and land degradation from excavations and material sourcing activities c. Localized air & noise pollution d. Clearing of vegetation e. Generation and unsafe disposal of construction waste and waste effluent, f. Soil and water pollution from materials associated with construction activities, g. Health and safety risks (community health and safety risks and occupational health and safety) including the spread of infectious diseases such as COVID-19, h. Poor construction standards of school infrastructure, leading to unsafe buildings i. Climate change related impacts such as excessive rainfall leading to mudslides and flooding that have in the past negatively affected school infrastructure especially classrooms and latrines causing disruption in learning j. Increased demand for water during construction activities especially in water scarce areas k. Limited operation and maintenance of the school infrastructure. ii) Public health and hygiene risks associated with the school meals program under during sourcing, handling, delivery, distribution, and storage of food in schools. iii) Generation and disposal of hygiene/sanitary waste from supply of hygiene products for girls that will require culturally appropriate waste management and disposal facilities. iv) Other cross cutting risks include: insecurity/theft, insufficient technical & E&S safeguards capacity and E&S assessments of risks, supervision, monitoring and management of environmental risks. 2.2 Potential Social Benefits and Risks. 50. The ESSA has examined the social effects associated with program activities. Social benefits include: a. the positive effects of the school meals program, which is associated with increasing enrolment of learners and promoting higher school attendance and reducing drop-out rates, b. the school meals program will also potentially address the increasing cases of child labor due to poverty. In some cases, some learners are forced to do odd jobs in and outside schools to earn just one meal, which ultimately affect their learning outcomes, 8 c. The school infrastructure improvements will provide a good learning environment enabling learners to concentrate better in class potentially leading to better academic performance and good learning outcomes. d. The provision of sanitary towels is associated with benefits such as increasing retention, transition to higher levels of learning and consequently enhancing the academic performance of the girl child. e. The positive impacts of reducing teacher shortages comprising enhanced access to and delivery of quality primary education resulting in higher learning outcomes. 51. In line with Program activities, under the three result areas, potential social risks include, but not limited to: i) exclusion of vulnerable and minority learners from access to program benefits including scholarship and mentorship opportunities, due to inadequate community sensitization and/or disclosure of program information ii) biased selection criteria where program interventions end up in locations and on individuals who are easier to access, rather than the most deserving iii) upsetting community dynamics caused by the program interventions operating in a small number of sites relative to immense and widespread need thereby leading to harmful inward migration that could easily upset delicate community dynamics iv) elite capture and exclusion of poor, vulnerable and minority learners from access to program benefits v) Sexual exploitation and abuse, sexual harassment (SEA/H) and other forms of Gender- Based Violence (GBV) arising from exploitation of girls for program benefits or by supporting girls to attend schools where they are at risk of abuse from the education system and perpetrated by teachers and school personnel. 52. Potential social risks and impacts associated with school infrastructure development activities include: i) Exclusion of primary schools and learners in educationally disadvantaged Counties caused by a biased selection criterion ii) Disability exclusion where learning systems, outcomes and infrastructure do not address the needs of PWDs iii) Likely influx of migrant laborers with consequent risks of SEA/H and other forms GBV for women and girls. 53. The school meals program presents the following potential social risks and impacts: i) Incidences of School fires as a result of enhanced access to fire by learners from the fuel wood used as a source of energy for preparation of school meals. This is likely to be amplified by the increasing cases of students burning down school infrastructure in the country. ii) Child labor where students are requested to bring firewood, water and even partake in food preparation. iii) Infections caused by aflatoxin toxicity which may lead to vomiting, abdominal pains and other forms of acute liver injury. 54. The potential social risks related to the PIU include: i) Systemic weakness and low capacity of the PIU to identify, understand and prevent adverse social impacts of the program. ii) Poor monitoring systems to track retention, drop-outs, and transition rates leading to exclusion of minority/vulnerable groups. iii) Limited understanding of environmental and social safeguards requirements resulting in inadequate stakeholder engagement and disclosure of program information to the beneficiaries and stakeholders. 9 iv) Ineffective management of program related grievances resulting in increased complaints and reputation risks. 55. All these environmental and social risks will be amplified by COVID-19 restrictions and challenges in meaningful beneficiary, stakeholder, and community engagements as well as grievance redress and monitoring. 10 Table 2: Environment and Social Effects Associated with Interventions Environment and Social (E&S) Effects Result Area Interventions Benefits Risks RA 1: Equalize Provide performance-based school a. Improved school conditions and learning Social Learning improvement grants to target schools in environment in target Counties for a. Exclusion of primary schools and learners in educationally disadvantaged Opportunities: lagging regions, schools for special needs enhanced teaching and learning counties due to biased selection criteria Improve Learning learners and camp-based refugee schools. b. Improved access to school inputs – WASH b. Upsetting community dynamics caused by the program interventions Outcomes in facilities, writing materials, supplementary operating in a small number of sites relative to immense and widespread Target Counties instructional materials and availability of need classroom furniture. c. Exclusion of vulnerable and minority learners from access to program benefits including school inputs procured under the school grants activities d. Exclusion of learners with disabilities through learning systems, inputs, equipment and infrastructure that do not address the needs of PLWD e. Limited stakeholder engagement and disclosure of project information leading to increased grievances f. SEA/H and other forms of GBV arising from exploitation of women for program benefits such as access to school grants Environment Similar effects as noted in RA 3 (school infrastructure construction related risks. Implement priority deployment of a. Enhanced learning outcomes due to Social teachers to primary schools with the improved PTR a. Exclusion of candidates from VMGs/IP communities due to inadequate highest teacher shortage. b. Employment opportunities provided for community sensitization and or disclosure of information on the program teachers from VMG/IP communities b. Biased selection criteria leading to exclusion of candidates from VMGs/IP c. Reduced teacher shortages in schools communities c. Limited stakeholder engagement and disclosure of program information leading to increased grievances d. Disability exclusion where teachers living with disability are not provided equal employment opportunities e. Elite capture resulting in the hiring of teachers for areas not affected by teacher shortages f. Exclusion of teachers living with disabilities from the teacher recruitment opportunities g. SEA/H and other forms of GBV arising from exploitation of women for teacher recruitment opportunities 11 Environment and Social (E&S) Effects Result Area Interventions Benefits Risks Provide school meal and nutrition for the a. Increased school enrolments, attendance Social neediest students. and retention of learners in schools a. Limited stakeholder engagement and disclosure of program information b. Reduced number of drop-outs leading to increased grievances c. Improved nutrition of the children b. Increased cases of school fires due to access coupled with increasing cases d. Promote food safety (access and of students’ unrest in schools consumption of wholesome food) c. Child labor where learners are requested to bring firewood and/or water. d. Increased infections caused by Aflatoxin toxicity. e. SEA/H and other forms of GBV arising from exploitation of girls for program benefits. Environment a. Public health and hygiene risks associated with food sourcing, handling, preparation and storage. b. Food contamination/poisoning from poor handling, storage and preparation practices. c. Generation of kitchen waste/food remains and disposal challenges. d. Increased demand for fuel wood for the school meal program exacerbating the level of environmental degradation especially in ASAL areas. e. Increased demand for water for school meals program especially in the ASALs that experience water scarcity. RA 2: Improve -Provide scholarship, school kits and a. Improved retention and completion rates of Social the Retention of mentorship support services to target girls in primary education a. Biased selection criteria leading to exclusion of candidates from Girls in Upper students. b. Improved handling and disposal of the VMGs/IPs/PWDs communities. Primary sanitary waste b. Limited stakeholder engagement and disclosure of program information Education -Implement mechanisms in the school leading to increased grievances improvement plans to identify and track c. SEA/H and other forms of GBV arising from exploitation of girls for girls at risk of dropping out and to program benefits. facilitate reentry of previously enrolled d. Poor monitoring systems to track retention, drop outs, and transition rates teenage mothers. leading to exclusion of students and especially girls from minority/vulnerable groups. -Strengthening the supply chain for menstrual hygiene products to ensure that Environment girls’ attendance in school will not be a. Generation and disposal of sanitary waste from supply of hygiene interrupted by the lack of sanitary towels products for girls. R A 3: -Ensure utilization of the NEMIS data in a. Improved service delivery in schools Social Strengthened management of primary education. b. Improved school conditions and learning a. Limited stakeholder engagement, coordination and disclosure of program systems capacity environment from improved school information leading to increased grievances infrastructure development 12 Environment and Social (E&S) Effects Result Area Interventions Benefits Risks for implementing -Implement key milestones in the roll out c. Improved capacity for management of the b. Systemic weakness and low capacity of the PIU to identify and manage initiated reforms plan for the CBC (including CBC’s E&S risks adverse social impacts of the program formative assessment). d. Management of construction related issues c. Poor monitoring systems to track retention, drop outs, and transition rates e. Improved sanitation facilities leading to exclusion of learners, girls and vulnurable boys from - Achievement of targeted number of new f. Improved collaboration with different minority/vulnerable groups classrooms constructed in existing school stakeholders in implementation of program d. SEA/H and other forms of GBV arising from exploitation of women as per the needs-based school activities (employment opportunities under school construction) and girls (risk of infrastructure investment plan. abuse from teachers and school personnel) - Kenya participates in the 2025 Environment Programme for International Student a. Construction related impacts; poor infrastructure development from limited Assessment’s for Development (PISA-D) involvement of relevant departments and technical experts such as NEMA, NCA, Department of Meteorology in undertaking feasibility studies; soil -Implement reforms for pre-service and land degradation from excavations and material sourcing activities; teachers training for primary school localized air & noise pollution; clearing of vegetation; generation and teachers. unsafe disposal of construction waste and waste water effluent; and soil and water pollution from hazardous materials associated with construction -Establish quality assurance standards and works tools for pre-school education. b. Occupational health and safety incidents through injuries/accidents to workers at construction sites c. Community health and safety risks/ accidents from the construction activities, spread of communicable diseases such as Covid-19 and sexually transmitted diseases such as HIV/AID’s d. Insecurity/small-scale theft risks of construction materials in schools e. Increased demand for water during construction activities especially in the ASALs that experience water scarcity f. Climate change related impacts such as excessive rainfall leading to mudslides and flooding which in the past have negatively affected school infrastructure especially classrooms and latrines causing disruption of learning And outbreak of infectious diseases g. Poor construction quality of physical infrastructure h. Limited operation and maintenance of the school infrastructure 13 3.0 ENVIRONMENT AND SOCIAL MANAGEMENT SYSTEMS 3.1 Introduction 56. This section describes the existing policy, legal and regulatory framework governing environment and social risk management in Kenya. It also describes the institutional mandates for environment and social risk management, including the division of responsibilities among different levels of government and among national government agencies for implementing environment and social management. These include: environment and social assessments; internal review and clearance procedures such as licensing; stakeholder consultation processes required; information disclosure; grievance redress mechanisms; supervision and oversight, monitoring and evaluation. 57. The assessment of how this system (comprising policy, legal and regulatory framework and institutional responsibilities for environment and social risk management) function in practice is presented in Chapter 6 along with an analysis that identifies the strengths, weaknesses, opportunities, and threats of the systems as they relate to the six core principles applicable to Program-for-Results Policy. A gap analysis that summarizes the inconsistencies between the national / borrower system for environmental and social risk management and the requirements of the Program-for-Results Policy is also presented in Chapter 6. 3.2 The Policy, Legal, Regulatory Framework Applicable to the Program 58. The Government of Kenya has a robust policy and legal framework and institutions which support environmental and social assessment and management processes. Table 3 below discusses the existing Kenya’s policy, legal and regulatory frameworks applicable to the proposed KPEELP operation. 14 Table 3: Policy, Legal, Regulatory Framework Applicable to the Program No Act/Regulation/Policy Objectives and Provisions Relevance to the Program Country Environmental Management Systems 1. National Sessional Paper No. 10 of 2014 outlines Kenya’s National Environmental • The program will have activities related to construction of Environmental Policy, Policy. The overall goal of the policy is to ensure that environmental school infrastructure (classrooms and WASH facilities), which 2014 concerns are part of the national planning and sustainable management will have adverse environmental and social impacts and risks. processes; and those guidelines are provided for environmentally sound • As such, preparation of ESIA/ESMP reports will be a pre- development. The policy aims to strengthen the legal and institutional condition for approval of sub-projects. framework for good governance and effective coordination and • The sub-projects will also undertake Environmental and Social management of environment and natural resources in Kenya. The policy Audits annually to assess environmental and social further advocates for a broad-based public participation in decision performance of the same and identify corrective measures for making processes as one of the fundamental pre-conditions for school infrastructure projects to promote sustainable sustainable development. It is guided by the following key principles, development. environmental right, right to development, ecosystem approach, total economic value, sustainable resource use, equity, public participation, subsidiarity and precautionary principle. The policy promotes the use of such tools as Environment and Social Impact Assessment (ESIA), Environmental Audits (EA), Strategic Environmental Assessments (SEA) among others as an innovative environmental and social management tool. It also calls for the Government of Kenya (GoK) to ensure that all significant development projects are subjected to ESIA and regular environmental and social audits. 2. Kenya Vision 2030 Kenya Vision 2030 is the current national development blueprint for The activities under KPEELP operation are anchored on the period 2008 to 2030. It is anchored on three main pillars: Social, National Education Sector Strategic Plan (NESSP) which was Economic and Political developments. The Vision 2030 aims at making developed in line with Vision 2030. Kenya a newly industrialized, middle-income country providing high quality life for all its citizens by the year 2030. The education goals of the 2030 Vision are to provide globally competitive quality education, training and research for development. Vision 2030 envisages a number of enablers including infrastructure development across the various sectors. Such infrastructure would take the form of educational facilities – laboratories, construction of new classrooms, sanitation and water supply facilities. The political governance pillar envisages public participation during project development, while the social pillar envisages 15 No Act/Regulation/Policy Objectives and Provisions Relevance to the Program development through equitable social development. The Vision 2030 policy anticipates possible environmental and social impacts during the roll-out of flagship projects requiring mitigation measures to be put in place in line with the requirements of the Environmental Management and Coordination Act (EMCA), 1999, Amended in 2015. Hence, the MoE should ensure environmental and social protection through mitigation of impacts as part of the achievement of program outcomes. 3. National Occupational The overall objective of this policy is to establish National Occupational The Policy is relevant during the construction activities and seeks Safety and Health Safety and Health systems and program geared towards the improvement to reduce the number of work-related accidents and diseases, and Policy, 2012 of the work environment. The Policy seeks to reduce the number of work- equitably provide compensation and rehabilitation to those related accidents and diseases, and to provide compensation and injured at work or who contract occupational diseases. rehabilitation to those who may be injured at work or contract occupational diseases. Construction-related sub-projects will be required to implement The specific objectives of this policy are, among others: a) to guide the measures to mitigate foreseen occupational safety and health development of laws, regulations and any other instruments on risks such as provision of PPEs to personnel, employing occupational safety and health; b) to recommend establishment and competent OHS experts to supervise sub project, emergency strengthening of responsible and accountable institutions for management preparedness, worker and machinery insurance, among others. of occupational safety and health issues; c) to recommend enforcement and compliance mechanisms for occupational safety and health laws and regulations; d) to create mechanisms for cooperation between employers, workers and their representatives at workplaces in the promotion of occupational safety and health; and e) to strengthen capacities of state and non-state actors in occupational safety and health. Among other safety issues, the policy provides the framework for mandatory use of appropriate personal protective gear, protection of workers against of occupational hazards, and workplace provisions for First Aid and emergency medical evacuation. 4. Safety Standard This School Safety Standards Manual serves as a blueprint for enhancing This applies in all aspects of program activities under the school manual for schools in safety at schools. The manual requires partnerships with various meals program and school infrastructure construction. Kenya, 2008 stakeholders, among them learners, school management, parents, local The borrower will develop measures to ensure safety of learners communities, NGOs, religious organizations and other community-based during construction such as hoarding construction sites and organizations (CBOs) to ensure the schools, and particularly the children, controlling access to the same and restricting access to such sites are adequately safe, secure and in a caring environment that facilitates as well as measures for testing of food items to ensure they are and enhances quality teaching and learning processes in all schools in the safe and free of contaminants and measures to ensure hygiene in 16 No Act/Regulation/Policy Objectives and Provisions Relevance to the Program country. It further calls for the learners in the school to have access to safe the preparation and serving of meals under the school meals and wholesome food for their proper physical and intellectual program. development. 5. The National Food The policy addresses food safety concerns in the broad areas of legal and The program will adhere to the provision of the policy during the Safety Policy 2013 regulatory framework, information, education and communication, implementation of the school meals program to ensure suppliers traceability, infrastructure and capacity. The policy envisages protecting and schools adhere to the food safety requirements, including and promoting consumer health while facilitating the orderly having the necessary infrastructure. development of the food industries as well as fair practices in food trade. This will also include measures for testing of food items to ensure they are safe and free of contaminants and measures to ensure hygiene in the preparation and serving of meals under the school meals program 6. National School Meals The National School Meals and Nutrition Strategy provides a framework The program shall put in place mechanisms to comply with the and Nutrition Strategy for implementing school meals and nutrition initiatives in Kenya. The national school meals framework in implementation of school 2017-2022 strategy builds on existing policies to apply the school meals framework meals program activities including those highlighted above The especially since school meals are supported by multiple actors. The main program will encourage local sourcing of food items. objective of the strategy is to; i) develop and implement a sustainable national school meals and nutrition programme; ii) increase awareness and intake of adequate, locally available and nutritious foods among school children and their communities; iii) improve the enrolment, attendance, retention, completion and learning outcomes of school children with equity; iv) promote local and inclusive development; v) promote partnerships and multi-sectoral coordination for complementary support and effective implementation of a school meals and nutrition programme; and, vi) strengthen governance and accountability in implementing a school meals and nutrition program.. Country Environmental Regulatory Frameworks and Management Systems 7 Constitution of Kenya, The Constitution of Kenya (CoK) 2010 is the supreme law of the Republic Program activities carried out shall ensure compliance with the 2010 and binds all persons and State organs at all levels of government. Constitution of Kenya on all aspects related to environment Concerning the environment, Article 42 of Chapter four, The Bill of management. These will include subjecting proposed program Rights, confers to every person the right to a clean and healthy sub-projects to environmental and social risk screening and environment, which includes the right to have the environment protected developing appropriate instrument to guide environmental and for the benefit of present and future generations through legislative social risk management (e.g. ESIA). measures, particularly those contemplated in Article 69, and to have 17 No Act/Regulation/Policy Objectives and Provisions Relevance to the Program obligations relating to the environment fulfilled under Article 70. Section Additionally, sub-project contractors will be required to develop 69 (2) states that every person has to cooperate with State organs and other and implement contractor-specific environmental and social persons to protect and conserve the environment and ensure ecologically management plans to ensure environmental and social sustainable development and use of natural resources. Section 70 sustainability. provides for enforcement of environmental rights. 8. Environmental The EMCA of 1999, amended in 2015, is an act of Parliament that The Act applies to program construction activities, such as, those Management and provides for the establishment of an appropriate regulatory and that will lead to; waste generation, effluent discharge practices, Coordination Act, 1999 institutional framework for management of the environment. This Act aerial emissions, noise and vibrations, excavations and soil and Amended in 2015 provides for the establishment of an appropriate legal and institutional erosion. framework for management of the environment and matters connected there with and incidental thereto. Part II of the Act states that every person Procedures for environmental and social management in Kenya in Kenya is entitled to a clean and healthy environment and has the duty are provided in Annex 3. to safeguard and enhance the environment. Part VI of the Act directs that any new program, activity or operation should undergo EIA and a report prepared for submission to the National Environment Management Authority (NEMA) for review, who in turn may issue license as appropriate. 9. EMCA (Impact This regulation provides guidelines for conducting EIA and audits. It The Act guides the registered environmental inspectors, experts Assessment and Audit, offers guidance on fundamental aspects which emphasize must be laid and auditors on requirements during the environmental impact 2003) and Amended during the field study and outlines the nature and structure of EIA and assessment and audit processes. Regulations, 2016 audit reports. The Environmental assessments and audits are to be conducted by a qualified environmental lead experts/ registered As noted, each sub-project will be screened for environmental environmental inspector. The legislation further explains the legal and social risks, and this will guide on the appropriate instrument consequences of partial or non-compliance to the provisions of the Act. to be used. That is, whether Summary Project Report, Legal Notice No 32, 2020 section 7 provides guidelines to the proponent Comprehensive Project Report or (Full) Study Report. These undertaking a project specified in the second schedule of the Act; for low instruments will outline the Environmental and Social risk projects, summary project reports are to be submitted to NEMA, sub- Management Plan (ESMP) for the given subject. projects with significant adverse environmental impact; a comprehensive project report while for sub-projects with no significant adverse Furthermore, the Implementing Agency will establish measures environmental impact, the proponent is issued with the approval to for monitoring implementation and compliance with the ESMPs. proceed with the project 10. EMCA (Air Quality) The aim of the Regulation is to provide for prevention, control and Localised air pollution is likely to occur from dust emissions Regulations, 2014 abatement of air pollution to ensure clean and healthy ambient air to during excavation activities in setting out building foundations protect human health. The regulations apply to specific priority air and vehicular emissions from transportation of construction pollutants, mobile and stationary sources as well as stipulated emission material to project sites. 18 No Act/Regulation/Policy Objectives and Provisions Relevance to the Program standards. Section 4 of the regulation allows the Authority (National Environment Management Authority) to consider the use of other Each sub-project will be required to develop measures to mitigate internationally recognised emission standards in relation to air air pollution as part of sub-project ESMP as relevant. pollutant/source where there are no local emission standards, targets or guidelines set out in the regulation. 11 EMCA (Noise and The Regulations prescribe measures against noise and vibrations from Applies to effects of activities with noise and vibrations in excess Excessive Vibrations specified sources and define permissible noise levels for various activities of the established standards such as construction activities The Pollution) (Control) including construction activities. Part II Section 3 of the regulation ESIA/ESMP will specify measures and actions to taken to Regulations, 2009 prohibits making of any loud, unreasonable, unnecessary or unusual noise manage excessive noise and vibrations. which annoys, disturbs, injures or endangers the comfort, health or safety of others and the environment. The regulations require a permit/licence to be obtained from NEMA for any activities that emit noise or excessive vibrations beyond the permissible levels. 12 EMCA (Waste The Regulations provides guidance on management (handling, storage, Construction activities will generate waste such as excavated Management) transportation, treatment and disposal) of all categories of waste. These spoil material, construction waste (pieces of timber/metal, glass Regulations, 2006 include; domestic waste, industrial waste, hazardous waste, pesticides and or plastic material, concrete, etc.). The regulations also guide on toxic substances, biomedical waste and radioactive substances. These the management and appropriate disposal of solid wastes Regulations also vest responsibilities to the generator of the wastes including: food waste from the school meals program, the especially with regards to any consequent environmental impacts. It sanitary waste from the supply of hygiene products for girls, to requires the waste generator to collect, segregate and dispose each mitigate the risks on environment pollution. category of waste in such manners and facilities as provided for under Each sub-project will specify the measures and actions to be these Regulations. Regulation 5 (1) provides categories of cleaner implemented to manage wastes including training of workers and production methods that should be adopted by waste generators in order beneficiaries on safe management of the different types of wastes. to minimize the amount of waste generated. Regarding transportation, licensed persons shall operate transportation vehicles approved by NEMA and will collect waste from designated areas and deliver to designated disposal sites. 13. EMCA (Noise and The regulation prescribes measures against noise and vibrations from Applies to effects of activities (excavation during construction, Excessive Vibrations specified sources and define permissible noise levels for various activities blasting during material sourcing from quarries, use of generators Pollution) (Control) including construction activities. Part II Section 3 of the regulation or movement of construction equipment) with noise and Regulations, 2009 prohibits making of any loud, unreasonable, unnecessary or unusual noise vibrations in excess of the established standards. which annoys, disturbs, injures or endangers the comfort, health or safety Each sub-project will be screened for environmental and social of others and the environment. The regulations require a permit/licence risk, and those that require ESIAs, the resulting ESMP will to be obtained from NEMA for any activities that emit noise or excessive outline measures to mitigate noise and vibration pollution. vibrations beyond the permissible levels. 19 No Act/Regulation/Policy Objectives and Provisions Relevance to the Program 14. EMCA (Water Quality) These regulations provide for sustainable management of water resources Applies any time there is a discharge of effluent into the Regulations, 2006 including rules on the use and discharge of water for domestic, environment without meeting the established standards as related agricultural and industrial purposes. They also make provisions for the to program activities. protection of water resources such as lakes, rivers, springs, streams, wells and other sources from pollution. The regulations prohibit in general the The program shall provide for adequate and acceptable pollution of water and unauthorized abstraction or use of water. In management of wastewater in schools especially from the WASH accordance with Part II of the regulations, every person is expected to facilities. refrain from acts that could directly or indirectly cause immediate or subsequent water pollution and no one should throw or cause to flow into water resources any materials that can contaminate the water. The regulations have standards for discharge of effluent into the sewer and aquatic environment. NEMA has a responsibility to monitor the discharge of all effluent into the environment whereas any wastewater management service providers are to monitor and ensure discharge of wastewater into the sewer system is done according to the stipulated standards. 15 The Water Act (2016) This Act provides the legal framework for the management, conservation, The statute established to coordinate sustainable utilization of use, control, and development of water resources and for the acquisition water resources including protection of the same from pollution and regulation of right to use water in Kenya. It also provides for the and degradation (abstraction, use and disposal of wastewater regulation and management of water supply and sewerage services and thereof). for other connected purpose in line with the Constitution. Under this Act, ownership of water resources is vested and held in trust with the National In case of water abstraction (from surface and/or ground water) Government. Part IV section 63 confers to every person in Kenya a right by contractors during construction, water permits will need to be to clean and safe water in adequate quantities and reasonable standards of obtained from Water Resources Authority (WRA). sanitation as provided in Article 43 of the constitution Water Resources Authority (WRA) have a primary responsibility to protect, conserve and regulate the use of water resources including the planning and issuing of water abstraction permits. 16 Occupational Safety The act promotes safety, health and welfare of all workers at the • The program shall put mechanisms to promote issues of safety and Health Act (OSHA) workplace, preventing work related injuries and sickness, protecting third when preparing the infrastructure architectural designs as well (2007) party individuals from being pre-disposed to higher risk of injury and as during construction. sickness associated with activities of people at places of work. The scope of OSHA 2007 covers all workplaces including offices, schools, • Civil works contractors will be required to comply with academic institutions among others. It establishes codes of practices to be requirements of this act through obtaining relevant work site 20 No Act/Regulation/Policy Objectives and Provisions Relevance to the Program approved and issued by the Directorate of Occupational Safety and Health permits and licences, train workers on OHS, inspection of Services (DOSHS) for practical guidance of the various provisions of the equipment to ensure in good working conditions, provide Act. Inspection and enforcement systems exists with a bearing to appropriate PPE to workers among other measures occupational safety, health and labour inspections. DOSHS have a core responsibility to carry out inspections related to environment at work, • Regular supervision and inspection of school infrastructure safety of workplaces, general health and basic welfare of workers to buildings shall be carried out during construction and operation ensure compliance with the OSH Act. phases to ensure they are safe for human use. 17. The Work Injury The Act was enacted to ensure that workers who sustain work related The act is applied to the program as a measure to ensure the safety Benefits Act (2007) death, injuries and contract diseases that are work related are and health of workers. compensated. The Act applies to all employees including those employed by Government, other than the armed forces, in the same way, and to the In the event of injury, during the implementation of the projects same extent as if it was a private employer. An employee who is involved under the program, the employer/contractor will be required to in an accident resulting in the employee’s disablement or death is subject compensate workers under the Act. The contractor must, to the provisions of this Act and entitled to the benefits provided under therefore, obtain and maintain relevant insurance policies in this Act. respect of this liability. 18. Employment Act No 11 This Act declares and defines the fundamental rights of employees; This Act provides guidance facilitating employer-employee of 2007 minimum terms and conditions of employment; the basic conditions of relationship including protecting against child labour. This is employment of employees; and regulation of employment of children, especially relevant in construction of school infrastructure and among other rights. Key sections of the Act elaborate on the employment the school meals program at targeted schools. Overall, the relationship; protection of wages; rights and duties in employment; contractors for subjects will need provide conducive terms of termination and dismissal and protection of children, among others. employment for their workers and will also need to ensure no child labour in their workforce. 19. HIV/AIDS Prevention Part 11, Section 7 requires HIV and AIDs education in the workplace. The program shall promote inclusivity all persons regardless and Control Act (Act The government is expected to ensure provision of basic information and of their HIV status. No. 14 of 2006) instruction on HIV and AIDs prevention and control to employees of all Sub-project contractors will offer training on HIV/AIDs Government Ministries, Departments and Agencies, and employees of awareness, prevention and management to their workers as per private and informal sectors. The information on HIV/AIDs is expected this law. to be treated with confidentiality at the workplace and positive attitudes shown towards infected employees/ workers. 20. The County Part II of the Act empowers the County Governments to be in charge of • The relevant County departments, such as, the Physical Government Act (2012) planning of development projects by coordinating and ensuring integrated Planning department, will be responsible for approving school planning within the County, including coordinating the public structural designs. participation, environmental protection including control of air pollution, noise pollution, other public nuisances. The act also provides for the • The relevant County Departments (e.g., County Department following; of Environment and Natural Resources, Department of 21 No Act/Regulation/Policy Objectives and Provisions Relevance to the Program • The Constitution confers powers on the County Assemblies to receive Health, etc.) may also give directives on various aspects such and approve plans and policies. These plans and policies affect the as waste management and fire emergency preparedness management and exploitation of the county’s resources, and development and management of its infrastructure and institutions. • Ensuring and coordinating the participation of communities in governance at the local level and assisting communities and locations to develop the administrative capacity for the effective exercise of the functions and powers and participation in governance at the local level. 21. Standards and The guideline provides a technical reference document for the planning, Construction of sanitation facilities is part of program activities Guidelines for WASH design, construction and management of WASH facilities. It gives and MoE is required to follow the guidelines and requirements Infrastructure in pre- guidance and proposes best practices to implementers of sanitation and for appropriate siting and construction of WASH infrastructure. primary and primary water supply in pre-primary and primary schools. It recommends; i) The design of the WASH facilities will provide for actions/ schools procedures to be followed in selection, design and implementation of measures to ensure sustainability of the facilities. water sanitation and hygiene facilities, ii) suggestions to ensure effective implementation to get value for money, iii) measures to ensure successful implementation, operation & maintenance of school wash facilities; and iv) operation & maintenance procedures to increase facility performance and sustainability. 22. Public Health Act, The Public Health Act provides for protection of human health through • Sanitation facilities for both boys and girls including learners Chapter 242 prevention and guarding against introduction of infectious diseases; the with special needs have to be designed and constructed in promotion of public health; the prevention, limitation or suppression of manner that meet the minimum standards as required under infectious, communicable or preventable diseases; advising and directing the Public Health Act. local authorities with regard to matters affecting public health. The Act also provides the impetus for a healthy environment, and supports • The program will be expected to promote food safety and regulations on waste management, pollution and human health. It lays hygiene measures in school meals program activities. down rules related to food hygiene and protection of food stuffs and • County Public Health Department have a responsibility to public water supplies. inspect, monitor and ensure that suppliers and schools have adequate safe storage facility for food items as well as adhere Part IX section 115 states that no person shall cause nuisance or condition to measures on food hygiene. The MoE will thus liaise with liable to be injurious or dangerous to human health. Section 116 requires the Ministry of Health and or County Departments for regular Local Authorities to take all lawful, necessary and reasonably practicable inspection and monitoring to ensure food supplied to schools measures to maintain their jurisdiction clean and sanitary to prevent are safe and are correctly handled and stored. occurrence of nuisance or conditions injurious or dangerous to human health. Part X section 127 requires all buildings used for the storage of 22 No Act/Regulation/Policy Objectives and Provisions Relevance to the Program food stuffs to be properly constructed and maintained. Public health officers have the responsibility to inspect schools to ensure compliance with the Act. NCA Act, 2011 The Authority shall accredit and register contractors and regulate their Activities related to construction of school infrastructure professional undertakings and all construction works, contracts or (classrooms and WASH facilities), which will involve projects either in the public or private sector shall be registered with the contractors and construction workers who need to be registered Authority in accordance with the Act. and accredited by the authority respectively. New construction and renovation works also need to be registered with the authority. Country Social Policies, Laws, Regulations and Management Systems The Constitution of The Constitution of Kenya (CoK) provides for the Bill of Rights which is The program seeks to address the prevailing inequities in access 1. Kenya (CoK) (2010) an integral part of Kenya’s democratic state and is the framework for to basic education through the reduction of gender disparities in provides a social, economic, and cultural policies. Article 19 seeks to preserve the schooling participation, and sub-national disparities in learning comprehensive bill of dignity of individuals and communities and to promote social justice and outcomes. rights including: the realization of the potential of all Kenyans. Article 21 establishes the progressive realization of social and economic rights and obligates the The program coverage is nationwide but has a component that a. Constitutional State to observe, respect, protect, promote, and fulfil the rights and shall target the 10 educationally disadvantaged Counties provision for fundamental freedoms in the Bill of Rights. Article 27 provides for challenged with inequities in access to basic education. The equality and equality and freedom from discrimination, which includes: i) the full and program will therefore contribute to the realization of the rights freedom from equal enjoyment of all rights and fundamental freedoms; ii) women and of all learners and regions as regards access to quality basic discrimination men have the right to equal treatment, including the right to equal education. opportunities in political, economic, cultural and social spheres; iii) the State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth. b. Constitutional Article 260 of the Constitution defines a “marginalized community� as: The program shall put in place mechanism to ensure that IPs and provision for i) a community that, because of its relatively small population or for any VMGs have access to program benefits including access to vulnerable and other reason, has been unable to fully participate in the integrated social scholarship, teacher recruitment and employment opportunities marginalized and economic life of Kenya as a whole; ii) a traditional community that, under the school infrastructure activities. groups out of a need or desire to preserve its unique culture and identity from assimilation, has remained outside the integrated social and economic life of Kenya as a whole; iii) an indigenous community that has retained and maintained a traditional lifestyle and livelihood based on a hunter or 23 No Act/Regulation/Policy Objectives and Provisions Relevance to the Program gatherer economy; or, iv) pastoral persons and communities, whether they are (a) nomadic; or (b) a settled community that, because of its relative geographic isolation, has experienced only marginal participation in the integrated social and economic life of Kenya. The Constitution of Kenya requires the State to address the needs of vulnerable groups, including “minority or marginalized� and “particular ethnic, religious or cultural communities� (Article 21.3): The specific provisions of the Constitution include: affirmative action programs and policies for minorities and marginalized groups (Articles 27.6 and 56); rights of “cultural or linguistic� communities to maintain their culture and language (Articles 7, 44.2 and 56); protection of community land, including land that is “lawfully held, managed or used by specific communities as community forests, grazing areas or shrines,� and “ancestral lands and lands traditionally occupied by hunter-gatherer communities� (Article 63); promotion of representation in Parliament of “(d) ethnic and other minorities; and (e) marginalized communities� (Article 100); and an equalization fund to provide basic services to marginalized areas (Article 204). c. Constitutional The COK 2010, (chapter 4, part III), Application of Rights (clause 54) • The program shall put in place mechanism to ensure that Provisions on states: A person with any disability is entitled: - children with disability have access to program benefits Disability i) to be treated with dignity and respect and to be addressed and referred including access to scholarships and teacher recruitment to to in a manner that is not demeaning; ii) to access educational institutions address PTR. and facilities for persons with disabilities that are integrated into society to the extent compatible with the interests of the person; iii) to have • School infrastructure will be constructed in a disability reasonable access to all places, public transport and information; iv) to friendly way to ensure ease of access. use Sign language, Braille or other appropriate means of communication; and v) to access materials and devices to overcome constraint arising from the person’s disability. The State shall ensure the progressive implementation of the principle that at least five percent of the members of the public in elective and appointive bodies are persons with disabilities. 24 No Act/Regulation/Policy Objectives and Provisions Relevance to the Program 2. Constitutional The CoK states that every person is equal before the law and has the right • The program will put in place safeguards measures to Provisions on Social to equal protection and equal benefit of the law. It sets the minimum protect children from child labor as related to the school Inclusion including gender quarter to be not more than Two-Thirds of either gender on meals program and infrastructure activities. Children, Youth, representation in elected and appointed positions. Article 21 (3) requires • Measures will also be put in place to protect children, People Living with all State organs and all public officers to address the needs of vulnerable women, PWD and youth from GBV/SEA-H risks Disability and Women groups within society, including women, older members of society, potentially caused by construction or program related persons with disabilities, children, youth, members of minority or activities. marginalized communities, and members of particular ethnic, religious or • The contractor will be compelled to ensure that all their cultural communities. Article 27 (1 and 4) prohibits discrimination based workers sign a code of conduct as a strategy to prevent on age. Article 55 entitles and guarantees youth the opportunities to GBV/SEA-H and protect children’s rights. participate in political, social, economic, and other spheres of life, the • The program shall put in place mechanism to ensure that right to access employment, the right to protection from harmful cultural children with disability have access to program benefits practices and exploitation, and the right to access relevant education and including access to scholarship and teacher recruitment and eventual employment. Youth are defined in Article 260 as persons who provision of appropriate infrastructure constructed. have attained the age of 18 years but have not passed the age of 35 years. 143. Article 53 safeguards children by entitling them to basic nutrition, shelter, and health care while guaranteeing their protection from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment, and punishment, and hazardous or exploitative labor. Article 53 (b) makes the child’s best interest as the guiding principle in every matter concerning the child. 3. Gender Policy, July The objective of this policy is to mainstream gender considerations in the • The implementation of the program will create job 2011 national development processes to improve gender equality. The policy opportunities; and will address marginalization of women in encourages the integration of measures that ensure gender specific employment through gender mainstreaming. Specifically, vulnerabilities and capacities of men and women are systematically the Program will ensure equal access to education for both identified and addressed. boys and girls. Moreover, program contractors and subcontractors will be required to provide equal opportunities for men and women in employment. • The program seeks to address the prevailing inequities in access to basic education through the reduction of gender disparities in school participation. • The program will also put in measures to ensure gender equity in access to program benefits such as scholarship, 25 No Act/Regulation/Policy Objectives and Provisions Relevance to the Program teacher recruitment and construction related employment opportunities. 4. Sexual Offences Act An Act of Parliament that makes provision about sexual offences, which • Mechanisms shall be in place for reporting, monitoring and 2012 are aimed at prevention and the protection of all persons from harm from addressing sexual offences committed against program unlawful sexual acts, and for connected purposes. Section 15, 17 and 18 beneficiaries such as girls, vulnerable boys and refugee are mainly focused on sexual offences on minors (children). children. • Collaboration and communication between parties ought be enhanced such as among teachers, head-teachers, community heads, chiefs and the children’s department on matters in contravention of the Act. 5. Child Rights Act 2012 This Act of Parliament makes provision for parental responsibility, • This program will put in place safeguards measures to protect fostering, adoption, custody, maintenance, guardianship, care and children from the risk of GBV/SEA-H associated with protection of children. It also makes provision for the administration of construction related activities or from accessing benefits children's institutions, gives effect to the principles of the Convention on such as scholarships, ensuring avoidance of double-dipping the Rights of the Child and the African Charter on the Rights and Welfare especially in access to scholarships. of the Child. Section 15 states that a child shall be protected from sexual • The contractor will be compelled to ensure that all their exploitation and use in prostitution, inducement, or coercion to engage in workers sign a code of conduct as a strategy to prevent any sexual activity, and exposure to obscene materials. GBV/SEA-H and child labour. 6. Labour Relations Act An Act of Parliament to consolidate the law relating to trade unions and The program shall facilitate the provision of enabling 2012 trade disputes, to provide for the registration, regulation, management and environments for recruited teachers to exercise their rights such democratization of trade unions and employer organizations or as joining unions and associations. federations, to promote sound labour relations through the protection and promotion of freedom of association, the encouragement of effective The contractor shall be compelled to have contracts in place that collective bargaining and promotion of orderly and expeditious dispute provides for non-violation of workers labor rights. settlement, conducive to social justice and economic development and for connected purposes. This Act in Section II Part 6 provides for freedom of employees to associate; section 7 provides for protection of rights of employees; Part 9 provides for adjudication of disputes and Part 10 provides for protection of the employees to hold strikes and lock outs. 7. The National Council This Act provides for the establishment of a National Council for The program will put mechanisms to allow learning systems, for Disability Act, 2003 Disability, its composition, functions, and administration for the outcomes, and infrastructure to address the needs of PWDs such promotion of the rights of persons with disabilities set out in as through provision of ramp to ease access to buildings, PWD- international conventions and legal instruments, the Constitution and friendly WASH facilities, and employment opportunities for 26 No Act/Regulation/Policy Objectives and Provisions Relevance to the Program other laws, and for other connected matters. PWDs during program implementation. Table 4: Institutional Framework for Environmental and Social Management under the KPEELP Institutional Framework for Environmental and Social Systems under the KPEELP No. Institution Responsibilities Relevance to the program a) Ministry of Environment and • The Ministry of Environment and Forestry is responsible for the Construction related activities shall be carried out in Forestry environment at the policy level. The mission statement and the key objective manner that ensures appropriate usage of the of the ministry is to facilitate good governance in the protection, restoration, environment, water, and natural resources. Proposed conservation, development and management of the environment, water, and infrastructure shall not be constructed in natural resources for equitable and sustainable development. environmentally fragile areas. • The mandate of the ministry is to monitor, protect, conserve, and manage the environment and natural resources through sustainable exploitation for Before commencing construction related activities, socio-economic development aimed at eradication of poverty, improving mandatory environmental and social risk screening living standards and ensuring that a clean environment is sustained now and will be done, and requisite instruments developed to in the future. The ministry comprises of various directorates, parastatals and guide management of adverse impacts and to ensure departments including the national environment management authority. environmental and social sustainability. b) National Environment • National Environment Management Authority is a government parastatal Some program activities shall require Management Authority established under the Environmental Management and Coordination Act construction/renovation activities and environmental (EMCA) No.8 of 1999, amended in 2015. and social assessments will be prepared by lead experts • The responsibility of NEMA is to supervise and coordinate all matters and submitted to NEMA for review and issuance of relating to the environment and be the principle of government agency in the licences. implementation of policies relating to the environment. • The authority is responsible for granting ESIA approvals including The MoE will liaise with NEMA in monitoring monitoring compliance with all environment regulations for any compliance and implementation of ESMPs. development project, to ensure protection and sustainability of the environment and development. c) County Environmental • The County environmental committees contribute to decentralization of The committees have a responsibility to conduct site Committees environmental management and enable the participation of local visits and review the environment related reports of the communities including persons with disabilities, marginalised groups and County projects and in some cases attend site meetings women in environmental management at the county level. of the sub-projects to follow-up on critical issues. These are in relation to construction related activities. 27 Institutional Framework for Environmental and Social Systems under the KPEELP No. Institution Responsibilities Relevance to the program • The environmental management committees are constituted by the Governor and are responsible for the proper management of the environment within the County for which it is appointed. d) National Environmental • The National Environmental Complaints Committee (NECC) is established Where grievance cannot be resolved through the Complaints Committee under Section 31 of EMCA. The NECC is responsible for the investigation program GRM or sub-project GRM systems, the of any person or even against NEMA or on its own motion on any suspected committee shall be engaged to help address such case of environmental damage and/or degradation. environmental related complaints/ grievances or those • The NECC is required by law to submit reports of its findings and against NEMA.decisions recommendations to NEMA. e) National Environment National Environment Tribunal is responsible to hear disputes arising from The tribunal shall be engaged as and when disputes Tribunal decisions of NEMA on issuance, denial, or revocation of licences. arise against NEMA as related to program construction activities. f) Environment and Land Court The Court has jurisdiction over any disputes relating to the environment and land. The Court shall be engaged as and when matters arise The Court has powers to deal with disputes relating to: i) land administration and as related to implementation of program activities such management; ii) public, private and community land and contracts, choses in as construction operations particularly when such action or other instruments granting any enforceable interests in land; iii) environmental related complaints/ grievances cannot appellate jurisdiction over the decisions of subordinate courts or local tribunals be resolved through program’s GRM at sub-project, in respect of matters falling within the jurisdiction of the Court; and, iv) it county, and national levels. exercises supervisory jurisdiction over the subordinate courts, local tribunals, persons or authorities in accordance with Article 165(6) of the Constitution. g) Directorate of Occupational • The Directorate of Occupational Safety and Health Services (DOSHS) is one DOSHS will be responsible for approval of designs, Safety and Health Services of departments within the Ministry of Labour and Social Protection, whose issuing work permits for school infrastructure (DOSHS) primary objective is to ensure safety, health and welfare of all workers in all construction sites and supervising the program workplaces. activities to ensure compliance with the safety and • The Directorate enforces Occupational Safety and Health Act, (2007) with health laws. its subsidiary legislation which aims at prevention of accidents and diseases at work. It also administers the Work Injury Benefits Act, 2007 (WIBA, 2007) which provides for compensation of workers who have been injured or have suffered a disease out of and in the course of employment. • Inspecting workplaces to ensure compliance with safety and health laws, including: investigation of occupational accidents and diseases with a view to preventing recurrence, training on OSH, first aid and fire safety and disseminating information on occupational safety and health to customers 28 Institutional Framework for Environmental and Social Systems under the KPEELP No. Institution Responsibilities Relevance to the program among other issues h) The National Construction The NCA was constituted to regulate, streamline and build capacity in the NCA will register sites and issue permits for Authority (NCA) construction industry. It oversees the Kenyan construction industry and construction sub-projects under KPEELP. coordinates developments in the sector to ensure an effective and sustainable industry. The authority oversees i) accrediting and registering contractors and It will also have a supervision role as part of its regulating their professional undertakings, ii) registering all construction mandate to manage construction sites including safety projects, iii) accrediting and certifying skilled construction workers and aspects of construction of project and to assure quality construction site supervisors, iv) commissioning research into matters relating to of infrastructure constructed in the schools. the building sector. i) Ministry of Health Public health officers play a critical role in the regulation and enforcement of the Public health officers will facilitate in promoting food (Department of Public public health requirements. In Schools, they are required to: a) assess food safety, handling, sourcing, and storage in the Health) handlers’ health status, b) conduct impromptu visits to schools to check on food beneficiary schools. storage, food preparation process and sources and quality of water c) give advice bon quality standards for food and food storage and processing, and d) approve Additionally, the officers will review and approve design drawings for school infrastructure before construction. designs of proposed school infrastructure and ensure such infrastructure adhere to public health requirements. j) Department of Public Works Public Works Department support schools by providing technical advice on MoE is expected to work in close collaboration with (Public Works Engineers) aspects such as siting, development of designs, bill of quantities and supervision public works engineers on technical design and siting of the construction works to ensure quality construction of infrastructure in of proposed infrastructure to assure quality of such schools. They also review and approve design drawings. infrastructure. The department also issues the construction completion certificate necessary for prompting payment/handing over the facility to the schools/MoE. k) County Governments The County Governments have powers to control or prohibit all businesses, County Government and its relevant departments shall factories and other activities including the proposed program which by reason of supervise program roll out within respective counties smoke, fumes, gases, dust, noise or other cause, maybe a source of danger, to ensure no activity being implemented will be a discomfort or annoyance to the neighborhood. They alos have powers to source of danger, discomfort or annoyance to the prescribe conditions that such businesses, factories, and other developers must learners and the community at large. comply with. Institutional Responsibilities for Social Systems l) Commission on The Commission on Administrative Justice - Office of the Ombudsman is The commission shall engage with targeted Counties’ Administrative Justice (CAJ) mandated to tackle maladministration in the public sector. In this regard, the Directors of Education to facilitate the avoidance of Commission is empowered to, among other things, investigate complaints of abuse of power, delay, unfair treatment and injustice to delay, abuse of power, unfair treatment, manifest injustice or discourtesy. The program beneficiaries. 29 Institutional Framework for Environmental and Social Systems under the KPEELP No. Institution Responsibilities Relevance to the program Commission is also mandated to oversee and enforce the implementation of the Access to Information Act, 2016. m) Department of Social This Department is responsible for sectoral oversight and management, of all The department will ensure the protection of children Protection matters concerning children, older persons and persons with disabilities. from the risks of GBV/SEA-H and child labor. It also overseas the development of policies on children, older persons, persons with disabilities and social development, management of statutory institutions. n) Department of Labour Responsible for sectoral oversight and management of all matters concerning The Department will ensure protection of workers employment, labour relations and working condition. It is responsible for from risks of GBV/SEA-H. implementing the National Labour and Employment Policy Management; and Industrial Relations Management It will also ensure that female workers involved in The Department is also responsible for the promotion of occupational health and construction and female teachers have equal safety at work, carrying out workplace inspection, and implementing Workman’s employment opportunities. Compensation Policy. 0) Ministry of Public Service Responsible for sectoral oversight and management of all matters concerning The department will assist in promoting equitable and Gender gender. This includes implementation of the Gender Policy, special programs access to program benefits between women and men; for women affirmative action, social empowerment of women, gender monitoring of 30% access to government procurement State Department of Gender mainstreaming in ministries/departments/agencies, community mobilization, opportunities for women, youth, and persons with domestication of international treaties/conventions on gender, and policy and disabilities; supporting activities targeting to reduce programmes on gender violence. GBV and ensuring gender mainstreaming during the Program implementation. p) National Gender and Equality Responsible for oversight and surveillance of all matters concerning gender NGEC will assist to ensure that there is gender equality Commission (NGEC) equality and equity;promoting gender equality and equity; coordinating gender and equity in access to program benefits including main-streaming in national development; and facilitating gender main-streaming employment opportunities created through the in national development. construction activities and in teacher recruitment. q) Kenya National Commission The main goal of KNCHR is to investigate and provide redress for human rights KNCHR will assist to investigate and provide redress of Human Rights violations. It achieves this goal by researching and monitoring compliance with for human rights violations, as well as in monitoring human rights norms and standards, carrying out education and awareness compliance with human rights norms and standards in creation on human rights, facilitating training, campaigns and advocacy on basic education in the target Counties. human rights as well as collaboratig with other stakeholders in Kenya on human rights issues. 30 Institutional Framework for Environmental and Social Systems under the KPEELP No. Institution Responsibilities Relevance to the program r) The Ministry of Education The mandate of MoE is to ensure that all learners including those with special MoE will ensure the protection of learners from the needs/disability and from minorities and marginalized groups have a right to free risks of GBV/SEA-H and child labor and compulsory basic education. The MoE will also ensure that all children have right to free and compulsory basic education 31 4.0 STAKEHOLDER ASSESSMENT AND CONSULTATION 59. This section describes the outcome of the consultation process undertaken during the ESSA with specific highlights on some of the key issues discussed and recommendations made. A detailed description of the outcome of the national level consultations is provided under Chapter 6 of this ESSA. 4.1 Consultation with Stakeholder at County Level 60. The stakeholders engaged at county level comprised County Directors of Education and TSC, and staff from line agencies such Social Protection, Public Health, Public Works, National Council of People with Disability (NCPWD), NEMA, DOSHS, NCA among others (Annex 4). The stakeholders appreciated involvement in the consultation process as it provides an opportunity for including their input into the program design. Of particular importance to the stakeholders was the involvement of the VMGs and IP communities who are often excluded from consultation processes during program design and implementation. Some of the key issues raised by the county stakeholders included: 4.1.1 Environmental and Social Impacts Identified 61. The stakeholders identified additional potential E&S risks and impacts and risks relevant to the program that need to be addressed for successful implementation: • The risk of flooding of neighboring homes and other infrastructures such as roads because of the large surface provided by the school roofs and lack of appropriate storm water drainage channels in schools. The stakeholders recommended that designs of proposed school infrastructure to provide for roof water harvesting and storage. • Poor infrastructure development due to limited involvement of the relevant institutions such as NEMA, NCA, Department of Meteorology among others to guide in infrastructure development. Limited assessment has in the past led to poor siting of infrastructure in environmentally sensitive areas such as wetlands, wildlife corridors hence impacting on the ultimate learner safety. In the past some of the school infrastructures have been sited in slopy areas without due consideration to wind direction resulting in roofs being blown away. Limited supervision by DPW officers have led to low quality infrastructure that are costly to maintain. On this basis, there is need to involve all relevant government agencies in the design, siting, and supervision of school infrastructure. • Non provision of a fence around schools has resulted in increased incidences of insecurity and theft of building materials resulting in schools incurring additional expenses. • Unavailability of adequate land for establishment of school infrastructure may necessitate the MoE to consider storey building during the design of school infrastructure. • Ineffective communication and disclosure of program information may lead to increased complaints and grievances from stakeholders. For instance, the selection criteria for awarding of school grants needs to be robust as well as effectively communicated and disclosed to stakeholders. Any delays in disclosure of project information may result in increased complaints from stakeholders and especially Politicians. • Climate change related impacts such as excessive rainfall leading to mudslides and flooding, that adversely affect school infrastructure and cause disruption in learning activities. It is important to ensure the planned school infrastructure are climate proofed. • School fires as a result of the school meals program presents safety risk to learners and school infrastructure. This is a growing concern given the ongoing unrest in schools and increasing incidences of school fires by learners. • Increased demand for fuel wood for the School Meals Program (SMP) presents the risk of child labor and environmental degradation especially in ASAL areas where availability of fuel wood is a challenge. • The SMP may also lead to increased demand for water presenting a risk of increased pressure on the available water resources especially in the ASALs. This may also lead to the risk of child labor where learners are requested to carry water for food preparation. • Lack of guidelines for handling and disposal of sanitary waste in schools presents the risk of pollution. Presently the sanitary waste is disposed in pit latrines causing the pit latrines to fill up quickly. There is need to improve on sanitary waste management. 32 • There is increased risk of GBV/SEA-H especially where learners have to walk for long distances to and from schools. The Program should therefore put material measures for prevention, response, and overall management of such risks. • The program is likely to face sustainability challenges especially in the continuation of intervention such as the scholarships after end of the Program. The Program need to incorporate sustainability measures in all activities. • The pastoral communities especially in counties such as Narok and Turkana need to be sensitized on the importance of education so that they can appreciate the value of education and minimize engagement of learners in their pastoral lifestyle. 4.1.2 Additional Stakeholders To be Involved in Program Implementation 62. Due to their mandate and role additional stakeholders were identified to support successful implementation of the program. These include: • The Ministry of interior plays a key role in some of the educational programs such as the Elimu scholarship, community mobilization as well as addressing grievances experienced within the education system. • The County Scholarship Committee composed of religious leaders, relevant County departments, VMGs and IPs for management of the Elimu scholarship. The performance of this committee has been outstanding. 4.1.3 Challenges impeding access to education 63. The participants also noted that there are numerous challenges affecting access to basic education which need to be addressed. These include: • Participants noted that efforts aimed at facilitating learner’s re-entry and reintegration in schools are constrained by lack of caregivers for the babies and limited access to financial resources for child support. To address the challenge, the following were recommended: o Sensitize parents and caregivers on positive parenting to enable them to accept to support the young mothers. o Pilot provision of caregiver services within the school to allow for the young mothers to learn. This can be modelled around the Safaricom’s caregiver services, which has been a success. o MoH should learner friendly advocacy services on sexual and reproductive health. o MoE to ensure provision of psychosocial support to learners who have experienced teenage pregnancies. • MoE needs to ensure that schools provide a disability friendly environment. The limited access to requisite assistive devices, disability-friendly infrastructure has limited access to education for children with disabilities. In addition, MoE needs to ensure that teachers need to have basic skills for engaging learners with special needs and disability as this will go a long way to facilitate integration of such learners. MoE can enhance these efforts by: o Sensitizing parents with disabled children to encourage such learners to attend school, o Facilitating access to bursaries and scholarships for disabled learners as in most cases such learners are not considered. o The MoE to ensure effective collection of up to date data on the number of disabled children and type and form of disabilities to inform planning and effective inclusion of learners with special needs in the education programs. o Based on the data, MoE to review its policies and guidelines so as to factor issues of disability issues. • The current unrest in schools has been attributed to the policy of no capital punishment in school as well as inadequate number of teachers to provide counselling support to students. This has led to a few students being taken to court and ultimately to jail, hence impeding learning and hindering their career development. To address, the following were recommended: o Review the policy on capital punishment in schools with a view to documenting experiences, lessons learned and developing ways for disciplining errant learners; o Provide more teachers in schools to offer psychosocial support to learners; o Engage stakeholders such as gender and social protection department to widen provision of psychosocial support to students; o Sensitize teachers on alternative forms of positive discipline whose uptake remains low; and o Sensitize parents and caregivers on positive parenting and disciplining strategies. 33 • Drugs and substance abuse and adverse impacts of tourism have affected schooling in coastal towns and along the lake shores. High poverty rate is among the main cause of learners engaging in sex tourism and drugs and substance abuse. The stakeholders identified enforcement of the Children Act as priority in addressing these social ills and recommended that: o The MoE to work with the Ministry of Tourism to develop policies and measures to address sex tourism in hotels. o Both Ministries to work with hoteliers to prohibit child sex tourism. • Prevalence of child and forced labour, which affects access to education: the stakeholders noted that child labour varies depending on the specific County’s economic activities. Examples of child labor include engagement in economic activities such as gold mining in Siaya and Nariomoru in Turkana, boda-boda business, ferrying illicit brews, sand harvesting, farming, and fishing. All these have led high school drop-out rates. Measures recommended to address this are: i) Develop a multi-sectoral approach in mitigating child laborur/forced labor. ii) Enhance enforcement of the law on child labour related issues. • Insecurity: This is especially prevalent in Turkana County along its local and international borders. Such insecurity normally disrupts school progress especially in areas around Kibish, Loima, Kapedo, Oropoi and Kainuk and access to education for children in those areas. To address this, the MoE should adopt the multi-agency collaborations in handling insecurity. • Long distances to and from schools and poor road networks: vastness and terrain affect access to schools in areas such as Mt. Elgon and Turkana. This contributes to late learner enrolment and attendance to schools and, in some cases, dropout from school at early stages. To address, these stakeholders recommended the need to build more schools to reduce the distance travelled. 4.2 Outcome of Consultations with VMG and IP Communities 64. The consultation process also engaged VMG community members such as PLWDs, those from minority clans, youths, the elderly, and women. IPs consulted included representatives from Sengwer in Narok, Ngikebotok in Turkana, Duruma in Kwale, Ngulia in Makueni, and Ogiek in Mt. Elgon. Some of the issues raised by the VMGs/IPs include: • Inclusion of IP and VMG communities: while the MoE has in the past ensured effective representation VMG and IP communities in interventions such as scholarship, BOM, there is still need to such communities have access program to benefits and are routinely consulted on KPEELP activities. Some of the suggested strategies to include: o Ensure that the IP/VMG communities are represented in the various Scholarships Committees o Ensure full involvement of the parents and school management in the identification of needy students for scholarship program. Where feasible the Head Teachers should be in the beneficiary’s identification as they are more familiar with the socio-economic status of the learners in IP and VMG communities.. o Ensure adequate sensitization of the community and parents on the Program include disclosure of project information and in particular, the scholarship information. o The entry qualification (cut off points) for award of scholarship needs to be lowered for candidates from VMG and IP communities as a strategy to ensure their inclusion of the scholarship cut line that is based on the performance ranking. o Conduct routine monitoring of scholarship program to understand progress and address challenges as implementation continues. o The scholarship program needs to consider needy students who have been admitted to private schools as some of them are in such schools through sponsorship. In the past such learners have been excluded on the assumption that they are from well off families. • Lack of basic infrastructure such as water, electricity, teachers housing in many of the hard-to-reach schools located in IPs and VMGs communities. This is especially in some of the areas where the Sengwer and Ogiek live that are completely inaccessible due to poor road network. It was therefore recommended that the design of school infrastructure to be done under the Program needs to be comprehensive to allow for provision of water harvesting, source of energy, , teacher houses. • Some schools are also inaccessible due to poor road network which has impeded learning and delivery of construction materials. The stakeholders recommended the MoE to engage Kenya Rural Roads 34 Authority (KERRA) and County Departments of Public Works to consider the aspect of access roads to school. • The wide digital divide amongst schools, which was manifested during the lock-down needs to be addressed. Digital learning in many of the schools in rural areas was impeded by the lack of electricity and internet connection. Thus, connection of schools to electricity, provision of internet and training on digital skills were recommended as some of the ways to address the digital divide. These too should be considered in the design of the Program. • Nomadism is a serious impediment to access to basic education affecting schooling for learners from pastoral communities leading to high school dropouts and low completion rates. Provision of boarding schools in affected areas was identified as a possible solution since it will enable the learners to stay in school as parents migrate in search of pasture and water. It was recommended that the MoE consider constructing boarding (primary and secondary) schools in the affected areas. • There is also increased cases of parents taking advantage of teenage pregnancies to marry off the young girls to elderly men thus constraining the re-entry and re integration efforts of MoE. It was recommended that more advocacy and awareness on the policy and benefits of re-entering the learners back in school be undertaken. • Limited access to medication by learners with long-term health conditions such as HIV/AIDS, Asthma, Diabetes, is a barrier to schooling participation. It was recommended that the MoE to liaise with MoH for a more consistent treatment support including provision of psychosocial support to learners with long-term health conditions. • Due to the increasing cases of land disputes affecting schools, the MoE should no longer rely on community land donation. In addition, due to increasing land scarcity, the MoE and its partners should consider buying land to build school as private land for sale is readily available. • Increasing cases of school unrest and destruction of school property: It was noted that there are increasing incidences of school unrest that in some instances, instigated by teachers. MoE to engage stakeholders in identifying appropriate strategies for handling such cases. • Teacher shortages especially in ASAL counties: stakeholders observed that there are serious teacher shortages in some areas especially those inhabited by the Sengwer and Ogiek communities. Parents are forced to hire teachers whom they cannot sustain as their income levels drop thus impeding learning in such schools. It was recommended that TSC/ MoE increase the number of teachers is these areas. On teacher deployment, it is important to ensure that teachers from VMGs/IPs communities to remain in specific schools as they are familiar with the local conditions (insecurity, distance covered to access schools, poor roads etc) of the area instead of employing teachers from other areas of the nation who immediately seek for transfer. The challenge of teacher shortage is further amplified by the lack of decent teacher housing especially in remote areas. It is important to consider teacher housing/accommodation as part of school infrastructure under the proposed program especially in IP and VMG areas. • School input should include provision of assistive devices for the students with disability such as hearing aids, wheelchairs among others. • Ensure adequate sensitization on the education policies such as the guidelines on re-entry as many parents do not understand them. Due to this, many young mothers do not go back to school and are married off to older men. • MoE to provide guidelines on prevention, response, and management of survivors. This needs to be couple with sensitization of parents, learners, and teachers on prevention of GBV/SEA risks. • The selection criteria for the 10 educationally disadvantaged counties as well as the scholarship program needs to be very clear, robust and needs to be disclosed to avert any complaints and grievances. • There is need to provide psychosocial and mentorship support for teenage mothers as they go back to school. Is it possible that teenage mothers are supported with cash transfers to enhance implementation of the re-entry policy. This is because many teenage mothers lack necessary resources and support for child causing them to drop out from school to provide for their children • The MOE policy on school capitation is done based on number of leaners in a school. This needs to be reviewed so that funds are sent to school based on the needs in each school. • Ensure all school inputs such as textbooks, food items need to be delivered to the school to cut on additional logistical costs. On the same note, MoE to ensure provision of adequate sanitary towels especially for girl child in remote areas. 35 • The design of the SMP should include provision of support staff to handle food preparation water and source of energy. The school infrastructure component needs to include construction of construction of kitchen and food store especially in schools where these are lacking. • Ensure effective engagement of stakeholders such as officers from NCPWD in the implementation of the school infrastructure to ensure provision of facilities and features for the disabled. In addition, stakeholders such as NCA, NEMA, Public Works are instrumental in ensuring the quality of the school infrastructure and ensuring engagement of reputable contractors. 4.3 Management of Grievances at Community Level 65. Various IP communities have their own culturally appropriate grievance redress mechanism. However, when a dispute cannot be resolved through such existing mechanisms, complaints are mostly referred to the village elders referred to as Nyumba Kumi. In cases where the complaint cannot be resolved at this level, it is referred to the sub chief, who again refers it to the chief if the dispute is still not resolved. The chief distinguishes between civil and criminal cases and refers all criminal cases to the police. For civil cases, the chief in close cooperation with the village elders, again address the complaint and if unable to resolve the matter, advises the parties to seek judicial recourse. The community were quick to add that the judicial recourse is time consuming and expensive and recommended to have an MoE wide GRM that they can fall back to when disputes related to the education sector cannot be resolved at community level. On this basis, it was recommended to establish GRM structure that can be applied in MoE and to enhance its effectiveness and utilization, the stakeholders including community members should then be sensitized on it. 36 5.0 ASSESSMENT OF PROGRAM ENVIRONMENTAL AND SOCIAL MANAGEMENT SYSTEM 66. Under the PforR financing, the borrower’s system – which refers to the policy, legal, regulatory and the institutional requirements including environmental and social management procedures – will be applied in the management of environmental and social risks and impacts associated with the Program activities. In this regard, the Bank policy for PforR requires that the applicable borrower systems are assessed in terms of: i) their consistency with the ESSA core principles; and ii) their effectiveness in management of the Program environment and social risks. 67. Based on the findings of the assessment, material measures to address potential gaps and strengthen the Program’s system for E&S risk management are made. Subsequently, two methods were used to assess the effectiveness of the borrower’s system in management of E&S risks. These included i) stakeholder consultation to assess system performance against the six (6) ESSA Core Principles in line with program activities such as school meals, teacher deployment and school infrastructure construction, and ii) a SWOT (Strength-Weaknesses-Opportunities-Threats) analyses, which is adapted and applied to the PfoR context as follows: • Strengths of the system in terms of its functionality, effectiveness, efficiency, and consistency with Bank policy for PforR • Weaknesses, inconsistencies, and gaps in the system as compared with the Core principles under the Bank policy for PforR and capacity constraints. • Opportunities and key actions for strengthening the existing system to make it effective, efficient and consistent with Bank policy for PforR. • Threats and risks to proposed program actions designed to strengthen the borrow environmental and social system. 5.1 Stakeholder Consultation on System Performance 68. In Kenya, the School Meals Program (SMP) was initiated by the World Food Program (WFP) and later handed over to MoE. Before handing over, WFP had developed a manual for operationalization of the SMP including describing management structures, food handling and storage as a strategy to ensure food quality and safety. The MoE also has established guidelines for procurement of food items which provides for the formation of structures such as Tendering, Evaluation and Acceptance Committee. The role of the committee is to ensure that good quality of food items are procured. The manual was fully adopted for all the schools benefiting from the program and still in use. Currently, out of the total number of schools (12,285) to be targeted under the SMP, only 3,475 schools (15%) are benefiting from the program where about 1,841,555 leaners are provided with fortified school meals. The KPEELP operation is informed by: a) the experience of the Kenya GPE COVID- 19 Education Response Project. Learning Continuity in Basic Education Project (LCBEP) project that is currently implementing the SMP; and (b) findings of an assessment conducted in June 2020, of the school meals program (SMP) supported by the World food Program (WFP). The findings indicated that the SMP is well received and appreciated by both children and parents as a key enabler for learners to attend and participate actively in school. The WFP supported the MoE in developing a manual for operationalization of the SMP that provided guidelines on food quality, food sourcing and storage, and overall management and monitoring of the program and responsibilities of those involved. The manual was fully adopted for all the schools benefiting from the program and field officers trained on how to manage the home-grown SMP. It is worth noting that schools not in the SMP especially the day schools were not following the guidelines. 69. In the refugee camp-based schools, World Food Programme (WFP) provides in-kind food assistance to primary school learners in Dadaab and Kakuma, as well as cash transfers for primary schools in Kalobeyei to purchase food for their learners. However, WFP has been facing funding shortfalls in their pipeline assistance to refugees. The Program will therefore support the shortfall and MoE will continue to coordinate with WFP for this intervention. 70. While the SMP is instrumental in enhancing access to education and learner retention its implementation is impeded by i) lack of funds limiting the scope and scale of the SMP to deliver on its well- intended objectives, ii) limited engagement between key stakeholders for synergy on the sourcing, handling, 37 delivery, distribution, and storage of food in schools, iii) lack of adequate resources and personnel in the department of public health, thereby limiting its capacity to conduct routine spot check for food quality assessments, iv) laxity in adherence to the PH Act guidelines by schools such as the requisite public health certificates, v) limited financial resources for schools to hire support staff to assist in food preparation in schools, v) limited availability of water and energy for food preparation especially in ASAL Counties such as Kwale, Turkana, Garissa, Wajir. 71. Based on above findings, it was noted that the borrower’s system does not provide for a nation-wide mechanism for management of E&S risks associated with the SMP. However, SOPs on food sourcing, handling, transport, storage, and preparation, need to be prepared and operationalized in the Program. 72. Scholarship program: The Elimu Scholarship Programme (ESP) is implemented under the Equity Bank Group. The system provides guidelines for implementing the ESP, which outlines the application process, beneficiary targeting, including verification of genuine and needy applicants. The guidelines have also outlined the established structures for management of the ESP where the County committee composed of representatives from MoE, TSC, religious leaders, Ministry of Interior, IPs and VMGs, is the main unit responsible for implementation of the ESP. The County committee is rated as effective in the targeting process and has ensured inclusion of IPs and VMGs. In Turkana County, for example, learners in refugee host schools have benefited from scholarships provided by government under the ESP. The ESP has also enabled a few refugee learners to access free primary and secondary schooling, further attesting to the robustness of the County Committee in ensuring inclusion of IPs/VMGs and refugees. Further, the ESP also provides scholarships for learners who want to study in secondary schools other than those located within and around the refugee camps. 73. From the implementation of the Elimu Scholarship Programme, it was evident that there was limited visibility of the MoE even though the resources of the program are provided by government (i.e., MoE). Visibility of the government (MoE) in providing scholarships to different groups of learners will need to be strengthened under this PforR. 74. The assessment revealed that besides the ESP, there are other scholarship programs in the Counties by the County Governments, Banks (Kenya Commercial Bank, Cooperative Bank, Family Bank, just to name but a few) and other institutions such as the Jomo Kenyatta Foundation, Presidential Secondary Bursary, Constituency Development Fund (CDF) that have also established their own guidelines for identifying target students. All these varied scholarship programs have i) different terms and conditions; ii) provide different forms and level of support (some provide psychosocial support to the beneficiaries while others do not); iii) others provide insufficient/inconsistent financial resources that do not make any meaningful impact; that is, the amount of scholarship provided is too small to enable the learner to complete the learning program. The ESP also excludes learners from private schools who may also be needy, which can be seen as being discriminatory. The KPEELP will complete the ongoing process to institutionalize the process and procedures for administration and management of scholarships by Jomo Kenyatta Foundation (JKF). 75. School Infrastructure ES Risks Management: Through the school capitation fund, schools have been undertaking infrastructure improvement through renovations and/or new constructions. The MoE provides guidelines for use of the school capitation grants with emphasis on strict adherence to the Public Procurement and Asset Disposal Act. The schools also develop School Infrastructure Development Plans (SIDP), which prioritizes the infrastructure to be undertaken in a particular school. Boards of Management work with the Public Works Officers to ensure adherence to the designs as well as quality of infrastructural work. To this end, officers from the Public Works Department are engaged to provide technical advice on aspects such as siting, development of technical designs, bills of quantity, support contractor selection process, ensure adherence to construction related standards as well as issuance of completion certificate necessary for prompting payment and handing over of the infrastructure to schools upon completion. 76. The consultations showed that there is sporadic screening and assessment of school infrastructure for environmental and social risks, which points to partial non-compliance with the legal requirement as enshrined under the EMCA, 1999 (amended in 2015). The implication is that the; i) requisite instruments for E&S risk management are not often developed, thereby presenting an environmental and social 38 sustainability risks to the school infrastructure, and ii) there is limited understanding of environmental and social risk management by the MoE. 77. Although Public Works are involved in school infrastructure development processes, their involvement is limited due to the inadequate number of public works officers in the country and lack of logistical support to facilitate their visits to schools to oversee infrastructure construction. Furthermore, there is hardly engagement with other regulatory institutions such as NEMA and Public Health to inform the design as well as other technical aspects of the construction of school infrastructure projects. While the Public Works have supported the development of a “model school� design to guide not only the design but also the siting of the various infrastructure within the school compound for complementarity, its application remains limited. There is need therefore for engagement of Public Works and other regulatory agencies (NEMA, NCA) in reviewing the design of proposed school infrastructure and supervising the construction to ensure compliance with requisite policies, laws, regulations and procedures. 78. In refugee host schools, structures exist, between the MoE and development partners such as the UNHCR. The Education Working Group in Turkana West Sub-County coordinates refugee’s education including deployment of teachers and school supplies. Infrastructure at refugee host schools is insufficient and inappropriate. Few buildings exist in schools contributing to high pupil classroom ratios. In boarding schools, buildings are utilized as classrooms during the day and dormitories at night. Laboratories have insufficient equipment hindering effective learning. Refugee learners are not included in the national education system thus they are not benefitting wholly from the system. 79. The assessment observed the acknowledgement of the MoE in related weaknesses and recommends the revision of their safety manual for schools to ensure inclusion of ESHS aspects. The MoE does not have dedicated E&S officers and thus need to be capacitated. Additionally, there is need for capacity building for the MoE officers on E&S management. 80. To address these challenges, the KPEELP will improve teacher deployment in target schools with the highest PTR addressing low learning achievement in the target schools. Additionally, the TSC will implement an equitable teacher allocation and deployment initiative under the Program. 81. Grievance Management: The MOE at both national, County and school management have a GRM system in place that is documented in its service Charter which has provisions on grievance redress including the reporting channel and grievance handling procedure. Complaints received at school level are recorded in the grievance registers and appropriate responses provided in writing. The GRM allows complaints to be lodged through anonymous letters or verbally. In addition, complaint and suggestion boxes are provided as additional avenues for reporting. Furthermore, grievances are responded to within a stipulated time frame. For instance, sexual offences grievances must be addressed within 3 months. At school level, there are also teachers who provide guidance and counselling services to students and to whom the learners can report complaints. In case a complaint cannot be resolved at school level, it is escalated to County or National level without fear of retribution. At the national level, the MoE has an Education Tribunal that deals with education complaints/grievances. 82. However, the GRM system has some challenges. The MoE has established different GRMs for the various World Bank financed projects such as SEQIP, but these are not harmonized. Thus, there is need to design and develop a GRM MIS module compatible with NEMIS and interoperable between agencies to create a harmonized MoE-wide GRM system. 39 5.2 Strength, Weaknesses, Opportunities and Threats (SWOT) Analysis of the Program Systems Against the ESSA Core Principles This section presents the analyses of Strength, Weaknesses, Opportunities and Threats against the ESSA Core Principles. Table 5: Core Principle #1: General Principle of Environmental and Social Management Core Principle 1: General Principle of Environmental and Social Management Bank policy for PforR: Environmental and social management procedures and processes are designed to (a) promote environmental and social sustainability in the program design; (b) avoid, minimize, or mitigate against adverse impacts; and (c) promote informed decision-making relating to a program’s environmental and social effects Bank policy for PforR: Program procedures will: • Operate within an adequate legal and regulatory framework to guide environmental and social impact assessments at the Program level • Incorporate recognized elements of environmental and social assessment good practice, including (a) early screening of potential effects of all the projects; (b) consideration of strategic, technical, and site alternatives (including the “no action� alternative); (c) explicit assessment of potential induced, cumulative, and trans-boundary impacts; (d) identification of measures to mitigate adverse environmental or social impacts that cannot be otherwise avoided or minimized; € clear articulation of institutional responsibilities and resources to support implementation of plans; and (f) responsiveness and accountability through stakeholder consultation, timely dissemination of program information, and responsive grievance redress measures Applicability Kenya has an adequate national policy, legal and regulatory framework for environmental and social management. Technical guidelines for environmental and social due diligence exists in relation to potential impacts of the program. Under existing World Bank funded programs, environmental and social procedures have been satisfactory. However, implementation has not consistently been up to standard, and are challenged by insufficient resources and systemic weaknesses in, for example, preparing and implementing ESIAs and monitoring implementation of impact management measures. Core Principle 1 is considered relevant as environmental and social management (ESM) will be required for civil works such as renovation, construction and expansion of school infrastructure under the Program. Measures will also be needed for quality assurance to enable construction of habitable and safe infrastructure. STRENGTHS WEAKNESSES • The Government has robust systems: (a) to promote The implementation of the existing policy, legal and regulatory provisions environmental and social sustainability in the program faces challenges such as: design; (b) avoid, minimize, or mitigate against adverse • Limited familiarity and understanding of the legal requirement’s related impacts; and (c) promote informed decision-making relating to ES screening and assessments by the Implementing Agency (MoE) to a program’s environmental and social effects • Insufficient human and financial resources at MoE to ensure fidelity of • There is clear articulation of institutional responsibilities to implementation of the systems and compliance monitoring support implementation of ES plans in the regulations. • Inadequate qualified human capacity within the implementing agencies • The National ESIA system provides a comprehensive and at County levels to support management of ES risks framework for environmental screening and broad impact 40 Core Principle 1: General Principle of Environmental and Social Management assessment and management of E&S risks consistent with the • Unavailability of guidelines for social risks screening potentially resulting Core principle 1. in non-inclusion of social risk mitigation measures in ESIAs. • Country systems have policies and legislations on public • Low quality ES assessment that does not comprehensively describe the consultation. ES risks as well provide feasible mitigation measures. • Inadequate follow up on compliance after issuance of the NEMA license and other statutory approvals. • Limited audit of ES management plans to allow for feedback and integration of ES measures during implementation of projects. • Implementation of the ES management plans that outline mitigation measures is challenged by the lack of clarity on the roles and responsibilities of the different agencies. • Assessment of project alternatives is a requirement before finalizing site, design and technology. However, these analyses of alternatives are usually done retrospectively to justify the selected site, design and technologies without due consideration to ES risks. • Limited documentation of the GRM to allow for prompt feedback and addressing of stakeholder complaints. • Limited engagement of relevant stakeholders during consultation for ES risk screening and assessment. • Both the MoE and TSC have familiarity with the ESF presenting a risk of ineffective management of the downstream impacts of IPF component. OPPORTUNITIES RISKS • The MOE and TSC who are the key implementing agencies • Limited engagement of relevant stakeholders for management of ES risks have experience in implementing World Bank funded • Inadequate resourcing (human, financial) of key implementing projects under the IPF financing. As such, they have institutions for ES risk management. knowledge and experience in the World Bank’s safeguards • Inadequate capacity building of implementing agencies on E&S policies. However, both the MoE and TSC have limited management familiarity with the ESF and this Program and in particular • Limited supervision, monitoring and reporting on ES risk management the IPF Component, provides them a great opportunity to familiarise with its requirement and implementation LEVEL OF RISK - MODERATE • The MoE is receptive to the opportunity for capacity development and system strengthening to enhance ES risk management under the Program. • There is already good collaboration and engagement of other government agencies in the design and implementation of 41 Core Principle 1: General Principle of Environmental and Social Management infrastructure and in management of ES risks at the County and national level. Examples include the existing collaboration with Public Works and Ministry of Health. • The MoE is open to the opportunity of hiring external environmental and social expertise to enhance ES risk management in its operations. Table 6: Core Principle #2: Natural Habitats and Physical Cultural Resources Core Principle # 2: Natural Habitats and Physical Cultural Resources Bank policy for PforR: Environmental and social management procedures and processes are designed to avoid, minimize and mitigate against adverse effects on natural habitats and physical cultural resources resulting from program. Bank policy for PforR: As relevant, the program to be supported: • Includes appropriate measures for early identification and screening of potentially important biodiversity and cultural resource areas. • Supports and promotes the conservation, maintenance, and rehabilitation of natural habitats; avoids the significant conversion or degradation of critical natural habitats, and if avoiding the significant conversion of natural habitats is not technically feasible, includes measures to mitigate or offset impacts or program activities. • Takes into account potential adverse effects on physical cultural property and, as warranted, provides adequate measures to avoid, minimize, or mitigate such effects. Applicability The provisions in Core Principle # 2 are considered as part of the ESIA process analyzed under Core Principle #1. The program will not support activities that will either impact or be implemented in natural habitats and areas of cultural significance. School infrastructure construction activities will not likely generate significant adverse impact on natural habitats and physical cultural resources as all the civil works will be within the boundaries of existing schools. However, all sub-projects under the school infrastructure activities will be subjected to screening and appropriate mitigation measures put in place to manage all potential ES risks. This includes reviewing the siting of proposed infrastructure to ensure they are not located in natural habitats or areas of cultural significance as prescribed in the exclusion list. In addition, chance finds procedures will be embedded in construction contracts and supervised appropriately. STRENGTHS WEAKNESSES • The existing system especially the Environmental Management and The weaknesses identified for Core Principle # 1 are applicable to Core Coordination Act - EMCA, 1999 (amended 2015) provides for Principle # 2. protection of physical cultural resources, including screening for archaeological, historical and cultural sites to ensure environmental and social sustainability. 42 Core Principle # 2: Natural Habitats and Physical Cultural Resources • The assessment incorporates in program design and implementation appropriate measures to minimize or mitigate possible adverse impacts on the natural habitats, archaeological sites and cultural resources, with involvement from strong institutions such as NEMA and National Museums of Kenya. OPPORTUNITIES RISKS The opportunities identified for enhancing ES system performance for The risks are similar to those identified under Core Principle # 1 Core Principle # 1 are applicable to Core Principle # 2. LEVEL OF RISK – MODERATE Table 7: Core Principle #3: Public and Worker Safety Core Principle # 3: Public and Worker Safety Bank policy for PforR: Environmental and social management procedures and processes are designed to protect public and worker safety against the potential risks associated with (a) operations of facilities or other operational practices developed or promoted under the program; and (b) exposure to toxic chemicals, hazardous wastes, and otherwise dangerous materials. Bank policy for PforR: As relevant, the program to be supported: • Promotes community, individual, and worker safety through the safe design, construction, operation, and maintenance of physical infrastructure, or in carrying out activities that may be dependent on such infrastructure with safety measures, inspections, or remedial works incorporated as needed. • Promotes the use of recognized good practice in the production, management, storage, transport, and disposal of hazardous materials generated through program construction or operations; and promotes the use of integrated pest management practices to manage or reduce pests or disease vectors; and provides training for workers involved in the production, procurement, storage, transport, use, and disposal of hazardous chemicals in accordance with international guidelines and conventions. • Includes measures to avoid, minimize, or mitigate community, individual, and worker risks when program activities are located within areas prone to natural hazards such as floods, hurricanes, earthquakes, or other severe weather or climate events. Applicability In its design, the program includes school infrastructure construction activities, which are likely to cause OHS risks to workers and community or individual health. In this context, Core Principle 3 is applicable. Promoting community, individual, and worker safety through the safe design, construction, operation, and maintenance of physical infrastructure is an essential part of Core Principle 1 and is recognized as an essential element of ES assessment good practice. Management of OHS risks is addressed in the ESMP and is part of the ESIA process of the Kenyan ES risk management system. STRENGTHS WEAKNESSES 43 Core Principle # 3: Public and Worker Safety • The ESIA process in Kenya sets the requirement for screening of all • Limited involvement of the relevant agencies such as NCA and construction related subprojects to ensure that OHS risks are DOSHS in construction related activities in schools to provide flagged early on during project design and measures to manage the guidance on management of OHS impacts and risks. same are provided. • Limited compliance monitoring of school infrastructure • Agencies such as DOSH and NCA provide guidelines on construction to ensure adherence to set national standards due to management of construction sites, ensuring public and workers are limited staff capacity and inadequate financial resources among safe from risks related to infrastructure construction and operation. DOSH and NCA. • The NCA and DOSHS are also responsible for management of • Weak coordination among MoE, DOSHS and NCA resulting in construction activities, including issuance of permit for construction inadequate attention to OHS requirements, particularly at the sites to ensure effective management of OHS risks. Both agencies County level. do conduct routine audits to check compliance with OHS standards. • There is general lack of awareness on the part of the MoE and TSC • E&S systems has elaborate provisions for addressing CHS impacts on public health and safety issues, particularly in relation to and risks related to construction activities (noise, air and water exposure to workplace safety aspects in schools and school pollution) and to worker influx (GBV/SEA/SH, transmission of construction works. HIV/AIDS and other STDs, and COVID-19, etc.). • There is poor maintenance of school infrastructures by MOE during operational phase to ensure they remain safe for learners and the public. • Limited familiarity and understanding by the implementing agency (MoE and TSC) of the legal requirements related to OHS risk management. • Inadequate consideration of OHS risks in infrastructure projects as the MoE hardly prepare ES instruments for their infrastructure projects. • Non-inclusion of worker safety provisions specially and ES provisions generally in civil works, contracts bidding and documents. • Limited implementation of ES management plans and hence sub- optimal mitigation of OHS risk. • Lack of clarity on the responsibility of the different agencies (MoE, TSC, contractors) on implementation of OHS. • Weak workers’ GRM system, which does not allow for addressing workers complaints and concerns on OHS. • Poor siting of infrastructure in wildlife corridors impacting on learner safety, 44 Core Principle # 3: Public and Worker Safety • There is need to climate proof new and existing school infrastructure, and the need to design school infrastructure to reduce risk of flooding • There is limited enforcement of the relevant provisions for addressing CHS impacts and risks related to construction activities (noise, air and water pollution) and to worker influx (GBV/SEA/SH, transmission of HIV/AIDS and other STDs, and COVID-19, etc. This is mostly due to inadequate human and financial resources to monitor implementation of the applicable provisions. OPPORTUNITIES RISKS • Strengthening of country and county systems to manage • There is a likelihood of increased incidences of Community and Community and OHS risks OHS risks due to limited involvement of the relevant agencies such • Strengthening capacities to enforce Community OHS as NCA and DOSHS in construction related activities to provide implementation guidance on management of construction activities. • There are also opportunities to strengthen guidelines to address safe • Non-compliance with set standards by public/workers due to the management and disposal of sanitary waste and create capacities at general lack of information on public health and safety rights the County level for the management of such waste. leading to increased cases of Community and OHS risks. LEVEL OF RISK – MODERATE Table 8: Core Principle #4: Land Acquisition Core Principle # 4: Land Acquisition Bank policy for PforR: Manage land acquisition and loss of access to natural resources in a way that avoids or minimizes displacement, and assist the affected people in improving, or at the minimum restoring, their livelihoods and living standards. Bank policy for PforR: As relevant, the program to be supported: • Avoids or minimizes land acquisition and related adverse impacts; • Identifies and addresses economic and social impacts caused by land acquisition or loss of access to natural resources, including those affecting people who may lack full legal rights to assets or resources they use or occupy; • Provides compensation sufficient to purchase replacement assets of equivalent value and to meet any necessary transitional expenses, paid prior to taking of land or restricting access; • Provides supplemental livelihood improvement or restoration measures if taking of land causes loss of income-generating opportunity (e.g., loss of crop production or employment); and 45 • Restores or replaces public infrastructure and community services that may be adversely affected. Applicability – NOT APPLICABLE The Core Principle 4 is not applicable because all school infrastructure is to be constructed under the program will be done within the premises of existing schools. Any activities requiring land acquisition and/or resettlement of a scale or nature that will have significant adverse impacts on affected people or the use of forced evictions are excluded under the program. Table 9: Core Principle #5: Cultural Appropriateness & Equitable Access to Program Benefit Core Principle # 5: Cultural Appropriateness and Equitable Access to Program Benefits Bank policy for PforR: Give due consideration to the cultural appropriateness of, and equitable access to, Program benefits, giving special attention to the rights and interests of the Indigenous Peoples and to the needs or concerns of vulnerable groups Bank policy for PforR: As relevant, the program to be supported; • Undertakes free, prior, and informed consultations if Indigenous Peoples are potentially affected (positively or negatively) to determine whether there is broad community support for the program. • Ensures that Indigenous Peoples can participate in devising opportunities to benefit from exploitation of customary resources or indigenous knowledge, the latter (indigenous knowledge) to include the consent of the Indigenous Peoples. • Gives attention to groups vulnerable to hardship or disadvantage, including as relevant the poor, the disabled, women and children, the elderly, or marginalized ethnic groups. If necessary, special measures are taken to promote equitable access to program benefits. Applicability The program is nationwide in scope and will be implemented in all counties where the indigenous people and vulnerable groups including the PWDs, women, youth and children are present and measures to ensure the VMG and IPs have access to program benefits will be put in place. The program design provides for the targeting of learners in educationally disadvantage counties through provision of school grants that will be used for provision of learning materials, sanitation facilities, water provision among other activities to improve on learning outcomes and the environment. STRENGTHS WEAKNESSES • Express Constitutional provision in Article 21 (3) that all State • The national legislation categorizes IPs as part of VMGs and hence organs and all public officers have a duty to address the needs of measures for targeting IPs may be impeded by the limited vulnerable groups within society, including women, older members orientation towards cultural appropriateness and respect to their of society, persons with disabilities, children, youth, members of cultural beliefs and values. minority or marginalized communities and members of particular • There are no national and county guidelines for social assessments ethnic, religious or cultural communities. and hence identification of social risks and provision of appropriate mitigation measures are always missing in project ES screening and ESIA reports. 46 Core Principle # 5: Cultural Appropriateness and Equitable Access to Program Benefits • Express Constitutional provision in Article 27(6) for Affirmative • Limited compliance monitoring due to low budgetary allocation Action to redress past disadvantage suffered by individuals or and inadequate staffing at both national and county level. groups because of past discrimination and marginalization. • Weak capacity to disseminate information to promote social • Express provisions in the Social Pillar of the Kenya vision 2030 to accountability and grievance redress mechanisms at National and protect VMGs against discrimination. Existence of laws and County levels regulations that explicitly protects, encourages and guide the rights of Indigenous Peoples (IPs) (referred to as Vulnerable and Marginalized Groups VMG in Kenya) to benefit from implementation of projects and ensure that development processes fully respect the dignity, human rights, economies, and cultures of Indigenous People • Express provisions on the County Government Act 2012, Section 35 (1.b) for gender equity and respect for minority rights in county level planning and development facilitation as well as in resource mobilization and resource allocation (Section 102). • Express provisions in the National Cohesion and Integration Act, 2008 that encourages national cohesion and integration by outlawing discrimination on ethnic grounds and promotes ethnically equitable distribution of public resources. • Express Constitutional Provisions for public participation • The 2006 Refugees Act (and the associated 2009 regulations) and the 2014 amendment to Security Laws and the recently updated Refugee Act (November 2021) provides that refugees should enjoy all the rights contained in the human rights treaties ratified by Kenya under the Constitution and its international commitments • The Act stipulates a "shared use of public institutions, facilities and spaces between the refugees and the host communities"; the inclusion at national and county level of refugees in sustainable development plans; and ensuring special attention to children within the integration of services between refugees and host communities. • Kenya has also signed and ratified the main international legal instruments governing the treatment of refugees and reflected in the Refugee Act, such as the 1951 United Nations Convention Relating to the Status of Refugees (1951 Convention) and the 47 Core Principle # 5: Cultural Appropriateness and Equitable Access to Program Benefits Kampala Declaration on Jobs, Livelihoods and Self-reliance for Refugees and Host Communities (2019) among others OPPORTUNITIES RISKS • There is an opportunity for capacity development of social • The risk of exclusion of IP’s and VMG’s from accessing program accountability and grievance management. benefits such as scholarships, school grants • There is an opportunity to domesticate some of the applicable social • Risk of biased selection criteria, leaving out deserving schools from policies and legislations at national levels to the counties. befitting from the program activities • The program seeks to address iniquities in access to basic education • Delayed procurement procedures that may affect timely by addressing disparities in gender in school participation as well implementation of the school infrastructure program as disparity in learning outcomes. • Limited stakeholder consultation and disclosure of information on • Opportunity to establish and publicise MoE-wide GRM the Program may result in conflicts which may hamper program • Opportunity to develop good stakeholder engagement plan that also implementation. capture the Refugee communities • UNHCR highlights some refugee protection risks, notably the Government’s announcement to close the camps in Dadaab and Kakuma by June 2022, which it has advised requires a balanced risk assessment. UNHCR and the Government have developed a Roadmap for Solutions for refugees in the camps which are governed under a Joint Commission for implementation. LEVEL OF RISK –SUBSTANTIAL Table 10: Core Principle #6: Social Conflict Core Principle # 6: Social Conflict Bank policy for PforR: Avoid exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial disputes Bank policy for PforR: The program considers conflict risks, including distributional equity and cultural sensitivities. Applicability –APPLICABLE The program seeks to reduce conflict by addressing inequities in access to basic education. The program will not undertake projects that will cause or exacerbate social conflict in fragile states, post-conflict areas or areas subject to territorial disputes, or cause social conflict or impact distributional equity or associated cultural sensitivities. Nevertheless, social conflicts may arise due to bias selection criteria for the school grants, scholarships, limited access to employment opportunities from the school infrastructure activities and teacher deployment processes. STRENGTHS WEAKNESSES 48 Core Principle # 6: Social Conflict • Express provision in national laws and specifically the National • Inefficient grievance management systems that allow for timely Gender and Equality Commission (NGEC) Act to reduce gender resolution of complains registered at national and county level. inequalities and discrimination against all VMG’s and IP’s. This • Limited understanding of alternative dispute resolution will help guard against discrimination of VMGs in employment, mechanisms within the MoE at both national and county levels, construction activities and targeting for access to program benefits. leading to delayed resolution and hence escalation of disputes and • Express provision in the Employment Act on employer-employee grievances. relationship for management of contractor-worker relations during • Limited information disclosure and mechanisms for reducing social implementation of infrastructure activities. conflicts within MoE/ TSC at the national and county levels • Express provisions in the National Cohesion and Integration Act, 2008 that encourages national cohesion and integration by outlawing discrimination on ethnic grounds and promote equitable distribution of public resources. • Express Constitutional provision for public participation the ensures that all are consulted. • Provisions in both Country and County laws for minimum requirements for equitable access and benefits for the disabled, women and the youth in county and national government programs 49 Core Principle # 6: Social Conflict OPPORTUNITIES RISKS • Openness and willingness of the MoE and TSC for capacity • Limited capacity for social risks identification and management development in social accountability mechanisms and in • Lack of guidelines for social risks identification and management strengthening the existing GRM system. • Limited understanding of alternative dispute resolution • The program seeks to address inequities in access to basic education mechanisms in place by addressing gender disparities in school participation and learning • Limited stakeholder engagement and disclosure process leading to outcomes. social conflict • Opportunity to design and develop a GRM MIS module compatible • Political interference that exacerbates social conflicts with NEMIS and interoperable between agencies. • Opportunity to develop good stakeholder engagement plan to reduce grievances. • Opportunity to integrate contractual obligations in the legal LEVEL OF RISK – MODERATE agreements, contracts bidding and documents for compliance. 50 6.0 CAPACITY ASSESSMENT FOR MANAGING PROGRAM ENVIRONMENTAL & SOCIAL EFFECTS 83. As outlined in the introductory section, the MOE and TSC are the key implementing agencies for the proposed PforR program. The two institutions have representation at both national and county levels that will facilitate the implementation of KPEELP. In the implementation of the program, the two agencies may work with the SAGAs comprising KICD, KNEC, NACONEK, KISE, KEMI and CEMASTEA. The SAGAs are all at national level and due to their affiliation with the MOE and TSC, they coordinate with the representatives of the two institutions in implementation of their mandate at the county level. 84. This section, provides a detailed description of their mandates, core functions and assesses their overall technical, financial and human resource capacity in management of environmental and social effects associated with program activities. Based on the assessment, recommendation to address the capacity gaps are made for support through Technical Assistance under the IPF component 6.1 Directorate of Infrastructure 85. Within the MOE, the Directorate oversees all aspects concerning development of infrastructure in Primary and Secondary schools as well as Colleges. While MOE does not have a separate unit responsible for management of E&S risks associated with school infrastructure activities, the national system as provided for in EMCA 1999 (and related revision of 2015) as well as other institutional requirements by agencies such as NCA, DOSHS and NEMA have been applied, albeit inconsistently for this purpose. 86. The application of the system for management of E&S risks has been more evident at high school and college level where responsibility for implementation of the ESMP has been included in the contractor contract and compliance monitoring done by a multidisciplinary team comprising NEMA, NCA, DOSH especially for projects under donor financing. In primary schools however, management of E&S risks has been a great challenge due to: i) limited understanding on E&S risk management; ii) limited engagement of relevant Experts to support the management of E&S risks due to limited resources allocated for school infrastructure development and iii) limited engagement of and collaboration with key institutions such as NEMA, NCA, DOSHS, Public health department necessary to support adherence to compliance requirements. Consequently therefore, environmental assessments and development of instruments necessary for management of E&S risks are hardly done. In addition, compliance monitoring is also impeded by limited technical, human, and financial capacity within MOE. 87. The Public Works Officers play a key role in school infrastructure where they support the development technical designs, Bills of Quantity including actual supervision of the construction and issuance of completion certificates necessary for prompting payment of the contractor. At the national level, there are only two public works officers seconded to MoE and given the magnitude of work under KPEELP, it is necessary to collaborate with Public Works Officers at the County levels for effective E&S risk management. The Directorate of Quality Assurance and Standards are also engaged to assess the status of school infrastructure and give recommendations. They work in collaboration with other departments such as the public health who provide advice regarding habitation status of the school infrastructure. 88. In management of major school related disasters, MOE works with multiagency teams under the leadership of the County Commissioner including the County Disaster Management unit and the Quality Assurance unit of MOE. However, for small scale disasters, schools have a safety manual which provides guidance on specific actions by the learners, staff, parents, and other stakeholders to prevent, minimize or manage risky conditions or threats that may cause accidents, bodily injury as well as emotional and psychological distress. These measures include having fire extinguishers, holding fire drills, and guiding on the number of exits necessary for school infrastructure such as classroom and dormitories. While the school safety manual has been useful in averting and managing safety risks, it 51 needs to be reviewed so that it can be better aligned to emerging issues in schools as it was developed almost 15 years ago. 89. Most grievances received in the Directorate are those related to procurement and their management is guided by the Public Procurement and Asset Disposal Act, 2015 and managed by the Public Procurement Tribunal. Other non-procurement related complaints and grievances are managed at the school level by the headteachers, the BOM, CDE (who chairs the county Education Board) and escalated to MOE at national level in cases where the issue could not be resolved at the county level. As stated earlier, the MOE has GRM developed under the various projects implemented with WB support and it may be necessary to harmonize all these GRMs for an MOE wide mechanism for addressing Complaints and Grievances (C&G). 90. Recommendations for managing E&S effects related to infrastructure activities: • Build capacity of MoE staff, school head teachers, their deputies, BOM and the county public works officers on E&S risk management including appointment of focal persons to spearhead compliance monitoring. • Develop guidelines on management of E&S risks for application within MOE. This should include a checklist for undertaking compliance monitoring. • MOE to ensure engagement of the relevant stakeholders/institutions such as DOSHS, NCA, NEMA, Public Health etc to support adherence with compliance requirements. • Ensure mainstreaming of the Environmental Social Health and Safety (ESHS) clauses are included in the contract bidding documents. • Where feasible establish a unit on E&S risk management within MOE and assign qualified staff to guide MOE in this regard. 6.2 State Department of Early Learning and Basic Education 91. The Department has a wide experience in the implementation of School Meal Programme (SMP) in schools. Some of the challenges that have impeded its successful implementation include: i) lengthy government procurement causing delays in delivery of food items; ii) delivery of food items to Sub-County stores instead of the target schools hence triggering the need for additional transportation costs that are not budgeted; iii)inadequate storage facilities within target schools for safe storage of food items posing food safety risks, iv) lack of water, source of energy and support staff necessary for food preparation; iv) risks of child labor where learners are requested to bring firewood or water for food preparation and finally v) the risk of environmental degradation caused by the need for firewood for food preparation. Besides these challenges, there also limited engagement of stakeholders such as DOSH, NEMA and Public Health to support the sourcing, handling storage and preparation of food that is of good quality and safe for consumption by learners. 92. Through the support of WFP, the MOE established guidelines for management of SMP to ensure that the food is safe for public consumption. However, given the scope of the SMP under KPEELP, it is necessary to review these guidelines to better address some of the challenges experienced in the implementation of the SMP. 93. The GRM is similar to that applied under the Directorate of infrastructure and therefore, the recommendation made also apply in this case. 94. Recommendations for managing E&S effects related to the school meals program: • MOE to ensure that food items are supplied directly to the target schools to cut on the additional transportation costs. • The design of the SMP should be comprehensive enough to include provision for storage of food items, water, energy as well as support staff necessary for food preparation. • Procurement and ultimate delivery of food items to be synchronized with the school terms dates to avoid unnecessary delays. • MOE should ensure adequate engagement pf the relevant stakeholders in the sourcing, handling storage and preparation of food. This stakeholder to include PHO, DOSHS, NEMA etc. 52 • Sensitize the teachers and the school BOM on E&S risks associated with SMP and necessary actions for effective management. • MOE to assess the outcomes of Biogas pilots and analyze existing practices on using Biogas in schools as long-term provision of renewable sources of energy in primary schools • Review the SMP guidelines to address experiences gathered so far. • A policy to guide management of SMP is currently under development and a TA could support its finalization and approval • MoE to prepare and adopt an Environmental and Social Management System (ESMS) that include: o SOPs for Environmental, Social, Health and Safety, Community and Occupational Health and Safety (OHS) to address the risks of child labor, SEA/SH etc o Review and update the School Safety Manual developed in 2008 to address emerging issues such as school fires; o Guidelines for inclusion of ESHS clauses/provisions as part of contract bidding and contract documents to address the risks of child labor, SEA/SH etc o Guidelines and SOPs on food sourcing, storage, handling, and preparation of School Meals to address the risk of increased infections caused by Aflatoxin toxicity. 6.3 Kenya Institute of Curriculum Development (KICD) 95. The main function of the KICD is to advise the Government on matters pertaining to curriculum development in the country. It also conducts educational research including development, review and approval of local and foreign curricular and curricular support materials for use in all levels of education and training in Kenya except the University. In this capacity, KICD has already developed the curriculum for the new CBC up to grade 7 and the one for grade 8 will be finalized soon. Besides curriculum development, KICD reviews learning materials from publishers for suitability in learning institutions. KICD being the last resort publisher, ensures that the learning materials and content are adapted to address the needs of learners with special needs and disability. Other roles performed by KICD include the development of teacher support handbooks to facilitate their understanding of key concepts and enhance ease and confidence in teaching especially in new areas of the curricula. 96. In the proposed program, KICD will support the implementation of key actions that include designing of Primary Teacher Training Colleges (PTTCs) curriculum and assessment as well as support the implementation of the plan for the roll out of the CBC and assessment in primary education. 97. Exclusion is the main social risk that KICD has to deal with as curriculum development is a national issue and requires engagement of all stakeholders. So far, KICD has engaged stakeholders from the eight regions in the country as well as VMGs and IPs representatives in the development of the new curricula. For inclusive education, KICD has also ensured that the developed curriculum accommodates learners with special needs and provides them with support assistants as a strategy to further enhance access to basic education. 98. KICD employs the use of curriculum-based interventions to address other social risks such as Female Genital Mutilation (FGM) and early marriages that impede access to basic education. For instances, provision of psychosocial support to learners has had a positive impact in Counties such as Narok where such social risks are rampant. Another curriculum intervention adopted by KICD includes provision of Life Skills Education (LSE) where learners are equipped with psychosocial competencies to engage politely, firmly and effectively with their parents and pedophiles. While implementation of LSE was limited due to lack of funding it has now been integrated in the CBC for more consistent delivery. The learner support program, developed by KICD, ensures that learners get both cognitive and non-cognitive skills. These include mentorship, counseling services, career and general guidance which cover child developmental aspects. The learners support program which also accommodates learners with special needs assist them to counter some of the social risks. 99. At national level, the institution has a system in place for management of grievances which is briefly described in the KICD service charter. At county level, the institutions use the MOE system where complaints are challenged through the County Directors of Education (CDE). Within the 53 institution at national level, the customer care desk that is located at reception serves as the entry point for registering complaints. Other avenues for logging complaints include the suggestion boxes, email and phone contacts. Follow-up is accorded without fear of retribution with possibility to access the offices of both the Principal and Cabinet Secretaries. As required by law, KICD regularly submit reports of all grievances received and resolved to the office of the Ombudsman. The effectiveness of the GRM system is however impeded by limited documentation of the system to allow for utilization by stakeholders. 100. While KICD has competent staff in matters regarding curriculum development, familiarity with social risk management needs strengthening. On this basis additional capacity in enhancing understanding of social risks including identification and management is necessary to improve performance of their mandate. Application of the national system for management of E&S risks is also not comprehensively done. 101. Recommendations for Technical Assistance: • Building the capacity of KICD staff in identification and management of E&S risks. • Strengthening the institutional GRM to make it more effective in management of complaints and grievances. Key areas of strengthening include supporting establishment and documentation of GRM structures clearly outlining procedure for management of grievances, responsible persons, referral levels, and timelines for resolution and feedback. This should also include. training of KICD staff on effective GRMs. 6.4 Kenya Education Management Institute (KEMI) 102. The main mandate of KEMI is to develop the capacity of all education managers and headteachers in school management and accountability including instructional leadership. Legal Notice 19 of 2010 of the Education Act legally mandates KEMI to undertake capacity building activities in the education sector including provision of in-service training to all education managers. Being an agent of the Ministry, KEMI collaborates with MOE in promoting capacity of all education officers for delivery of the curricula. Within the proposed operation, KEMI may collaborate with MOE to develop the management capacity of all personnel involved in education management and training. 103. The capacity of KEMI in management of E&S risks is demonstrated in its efforts towards promotion of the SDGs. In this area, KEMI has established Education for Sustainable Development (ESD) Centers in all 47 counties that are used to train all education managers on issues that promote environmental sustainability. The model ESD Centers located within selected schools in the counties are also being used by other institutions to learn from best practice. In collaboration with NEMA and Wildlife Association of Kenya, KEMI has also built the capacity of teachers on ESD with a focus on enhancing their knowledge, skills, values and attitudes for informed decisions and responsible actions towards achievement of environmental integrity and a just society. 104. To ensure inclusion during the trainings, KEMI promotes equal opportunity for all and monitors participation by gender. In addition, the trainings are adapted to address the needs of special learners and PWD by providing braille, large prints and physical assistance to managers with disability where needed. While the institution has competent instructors to handle learners with special needs or disability, KEMI also collaborates with KISE to ensure that they have requisite capacity to best handle such trainees. The training facilities have also been adapted to enhance access by PWD so that no one is left behind. 105. KEMI has continuously monitored the effectiveness of the trainings including soliciting feedback from the trainees. However, there are new emerging challenges affecting the education sector which include cases of learners’ unrest in schools, drug, and substance abuse, GBV and increasing cases of indiscipline in schools that require KEMI’s attention. As thes e challenges have been experienced nationwide and impede access to basic education, KEMI requires additional support in the delivery of a training program that helps education managers to addresses some of the contemporary challenges. 54 106. Schools are community-based institutions and therefore establishment of a good relationship with local communities and stakeholders is critical in addressing conflicts that may arise in schools. The first point for grievance management is at the school level where the headteacher with the support of the teaching fraternity in the school try to address the grievances. Where they are unable to resolve, these are forwarded to the BOM, CDE and later to KEMI at national level. Within KEMI suggestion boxes are provided for reporting grievances and these are opened on weekly basis by the responsible officer for onward submission to the relevant department to be resolved. As required by law, KEMI submits quarterly reports on the grievances received and resolved to the office of Ombudsman. While the system has served KEMI so far in management of grievance, its limited documentation to outline the GRM process, (eg provision of contacts of responsible persons including providing timelines for GRM management for disclosure to stakeholder) potentially limits its utilization by stakeholders and by extension, its overall effectiveness 107. Recommendations include: • Strengthen the existing GRM by enhancing its documentation, harmonization with that of MOE as well as disclosure to the relevant stakeholders. • Where feasible KEMI to be supported in the design and delivery of a training program that helps education managers to addresses some of the contemporary challenges 6.5 Teachers Service Commission (TSC) 108. TSC is an independent commission established under the Constitution of Kenya to manage human resources within the education sector for quality education and development. Within the KPEELP, TSC will play a critical role of enhancing access to basic education by ensuring that all public schools are resourced with adequate number of teachers to address the current shortages and also ensure that the capacity of the teachers is enhanced for delivery of the CBC curriculum. 109. The teaching profession is regulated by law that specifies the entry requirements applied to all interested candidates across the nation. The teacher recruitment by the Commission is demand driven and has been decentralized to TSC County for primary schools and Board of Management for post- primary institutions. However, once successful candidates are identified through the interview process at the County level, the Commission vets the recruitment documents in accordance with the guidelines and informs the counties of the outcome of the vetting process including issuing appointment letters to successful candidates. The system also provides for complaints resolution where the aggrieved candidates can channel their grievances to the Commission within two weeks from the selection date. 110. To improve learning outcomes, the TSC is strict in the application of the guidelines on the recruitment process and the entry requirements. However, the commission has also in the past made attempts to accommodate VMGs through affirmative action and this is illustrated by the hire of 150 teachers in Mandera to address the teacher shortage caused by the increased incidences of insecurity. To enhance inclusion, the Commission has employed various strategies such as lowering the entry points for PWDs and ensuring that the recruitment panel at BOM is inclusive and representative. With the ongoing plans to integrate learners with special needs and disability (except for the learners with extreme forms of disability) in ordinary public schools, the TSC targets to ensure that all the teachers are trained on inclusive education. This is part of the standard number 4 of the Teacher Professional Development (TPD) training that seeks to ensure that all teachers have the capacity to handle learners with special needs and disability and establish an inclusive learning environment. The TSC recognizes that schools within refugee camps have high teacher shortages and a significant proportion of unqualified teachers have been engaged to bridge the gap. Towards this end, the TSC has been building the capacity of both qualified (Kenyan) and non-qualified (non-Kenya) teachers to ensure effective delivery of the new curricula (CBC). The TSC also implements the equitable teacher allocation initiative in which 10 percent of annual budgeted new teaching posts are allocated to target primary schools to meet the PTR standard set by the Government of 40:1 on top of the pro rata allocations. 55 111. In managing social risks such as GBV/SEA-H, especially those perpetrated by teachers, the commission has applied the code of regulation (2015) developed to manage the teaching profession. The commission has also sensitized teachers on how to maintain professionalism amongst themselves and between teachers and learners. In the past, a team of volunteer teachers under the name “Pivot Teachers�, have been instrumental in addressing social risks within schools. While these efforts have yielded some results, the Commission was categorical to state that, they need a more structured way of managing social risks including mental health issues affecting both teachers and learners. Below are some of the recommended actions to further enhance the performance of the TSC in management of social risks related to improving access to basic education. 112. Recommendations include: • Build capacity of teachers for a more structured approach in management of social risks such as GBV/SEA-H. • Build the capacity for teachers for effective involvement in the management of ES risks associated with school meals program under the KPEELP. • Build the capacity for teachers on management of E&S risks associated with school infrastructure so that they can support in areas such as site identification and compliance monitoring of school infrastructure. • The program should consider offering psychosocial and mental health support for teachers to enhance their delivery of basic education. 6.6 Kenya Institute of Special Education (KISE) 113. The main mandate of KISE is to facilitate access to education through promotion of inclusive education, production of educational resources and assistive devices for persons with special needs and disabilities. Under the proposed program, KISE will play a key role in: i) building the capacity for teachers in handling learners with special needs and disability; ii) production of learning materials and assistive devices; iii) assessment for placement of learners with special needs and disability and iv) management of PWD data for improved service delivery. 114. At national level, KISE has adequate capacity for delivery of its mandate with staff that are well trained in building the capacity of teachers in handling learners with special needs and disability. While KISE does not have a specific department that deals with E&S risk management, it has. structures and representation at the county and sub-county level that facilitate delivery of their mandate. For instance, KISE has established the Education Assessment and Resource Centres (EARCs) at county level that are used for equipping teachers with various assessment skills to ensure proper placement of learners with special needs and disabilities in the correct educational institutions. Currently, the assessment process is faced with various challenges such as: i) use of incorrect tools in screening; ii) limited follow up activities on assessment and iii) lack of a well-defined program to follow up on assessment and placement. 115. A key challenge limiting effective targeting and placement of learners with SNE includes inadequate data on learners with special needs and disability that highlights the type and form of disability. In SNE, access to data is crucial for purposes of: i) facilitate planning to improve access to quality education for learners with special needs ii) improve learning outcomes for learners with special needs through production of materials, and iii) empowerment of caregivers of learners with special needs and disabilities. 116. At the Sub County level, KISE works closely with the Curriculum Support Officers, Special Needs Education (CSO -SNE) who are basically teachers linked to the EARC with the responsibility to support the special needs education at county level. The effectiveness of the CSO - SNE in the delivery of the task is challenged by the fact that currently the same staff have been assigned additional roles by TSC and therefore have limited time to focus on children with special needs. In this regard, there is a need to have a distinct structure for CSO -SNE under the Directorate of SNE for appropriate management and facilitation including close follow-up of key issues at the county level. 56 117. KISE collaborates with other institutions such as KICD in ensuring that learners with special needs and disability can benefit from the curriculum development through improving access to adaptation materials such as book and penholders etc. KISE also has the responsibility to train teachers, however due to inadequate resources, the monitoring to check on quality and assessment concerning SNE learners has been limited. Given KISE’s mandate, familiarity with the applicable E&S management frameworks is necessary to not only enhance access to education by learners with special needs and but also support in prevention and management of some of the E&S risks associated with the proposed operation relevant to KISE. 118. To further enhance the capacity of the KISE in management of ES risks the following actions are recommended: • KISE to support MoE on data collection and disaggregation/analysis on learners with special needs and disability and recommendations to close identified gap. • To further ensure inclusion and enhance implementation of the Inclusive Education Policy, it is necessary to build the capacity of teachers, school administration and BOM on addressing needs for learners with special needs and disability. 6.7 Center for Mathematics, Science and Technology in Africa (CEMASTEA) 119. The mandate of CEMASTEA is to build capacity of teachers and educators of mathematics and science through In-Service Education and Training (INSET) program. Being a center of excellence, CEMASTEA is charged with the responsibility of building capacities in Science, Technology, Engineering and Mathematics (STEM) education not only for Kenya but also for Africa. Through this, it plays an important role in the identification, development and nurturing of STEM talents in the early years through middle school to senior school. It is envisaged that this will create a sufficient pool of learners with interest in pursuing STEM related courses in higher education, and subsequently pursuing STEM related careers. It is for this reason that the Center’s programs are ge ared towards enhancing teachers’ capacities to cope with pedagogical challenges in the effective delivery of STEM curriculum. 120. CEMASTEA also collaborates with TSC in the implementation of the School Based Teacher Support program in STEM subjects as a strategy for improving student learning outcomes. CEMASTEA prepares the training content and program while TSC validates materials in line with the Teacher Professional Development (TPD) program and facilitates the release of teachers to attend training. The implementation of training integrates the TSC and MoE to monitor delivery of training programs as policy makers and resource providers. However, due to COVID-19 restrictions, most of the trainings had to be done virtually and this was difficult as some of the trainees could not participate in the training due to factors such as: i)poor network coverage in some areas of the country limiting connectivity to the virtual trainings; ii) the high cost of data to sustain their connection to the virtual classes; iii) limited ICT capacity (not ICT savvy) among some teachers in primary schools hence undermining the overall effectiveness of the trainings. In addition, as the pandemic has also interrupted the academic calendar in schools, most of the training had to be organized in the evening when learners are out of school. 121. Collaboration exists with the KICD; where KICD prepares the instructional materials and CEMASTEA supports in strengthening the application of pedagogical knowledge in their delivery. All modules developed by CEMASTEA go through validation sessions where stakeholders such as KICD, KNEC, TSC, MOE and other stakeholders ensure objectives are achieved and gives right interpretation of the curriculum. 122. To enhance equity in access to the training sessions offered, selection of candidates for the training ensures gender balance with extra efforts being made to ensure adequate representation of women who tend to shy away from STEM education. Face to face training sessions accommodate PWD’s as facilitators have undergone the sign language training and where necessary. KISE helps by developing braille for trainees with special needs and disability. The institution infrastructure has ensured that all the facilities can be easily accessed by PWD such as through provision of rumps as well as sanitation facilities which are disability friendly. CEMASTEA works closely with KEMI 57 especially on aspects such as education for sustainable development that seeks to integrate environmental and social sustainability concerns in the education sector by encouraging activities such as use of biogas in schools. 123. Similar to other institutions under MOE, CEMASTEA’s technical capacity on E&S risk management needs to be strengthened to facilitate the application of the relevant frameworks in management of E&S risks associated with the program and relevant to CEMASTEA. 124. Recommendation: Capacity building for CEMASTEA staff to enhance effective management of E&S risks associated with execution of their mandate and actions under KPEELP. 6.8 Kenya National Examination Council (KNEC) 125. The main role of KNEC is to conduct assessments and measure learners' progress in school. KNEC has no specific unit that deals with environment and social risk management but basically applies the relevant system for E&S risk management as guided by NEMA and other institutions such as NCA, DOSHS, Public Works etc. This notwithstanding, KNEC has developed an environment and social policy that needs to be reviewed to make it more responsive to emerging needs. 126. KNEC collaborates with other stakeholders in the delivery of their mandate. The stakeholders include: i) Ministry of interior to provide security during delivery of examination, ii) KICD in the development of the curriculum, iii) TSC are involved in development, marking and moderation of examinations; iii) MoE coordinates the examination process in the field, iv) KISE are involved in the delivery of exams for the SNE candidates. In addition, other education associations such as KEPSHA, KESHA are also involved. 127. The main challenge affecting delivery of their mandate and especially ensuring inclusion, is the limited availability of credible data on types and forms of disability necessary for planning making it difficult for KNEC to cater for the needs of learners with special needs and disability. This challenge makes administration of exams for such leaners difficult, especially in cases where some of the disabilities are only known during administration of exams. Other challenges include difficulty in administration of examination in some of the remote and hard to reach areas due to poor road network and bad terrain. Given the mandate of KISE, familiarity with the applicable E&S management frameworks is necessary to not only enhance access to education by learners with special needs and but also support in prevention and management of some of the ES risks associated with the proposed operation relevant to KISE. 128. Recommendations include: • Review and analyze NEMIS capabilities on collecting, disaggregation and reporting on data for learners with special needs and disability and so that KNEC can use to ensure better planning and service delivery for learners with special needs and disability. • Build capacity of staff in KNEC in E&S risk management. • Support the review and finalization of the draft environment and social policy. 6.9 State Department for Development of Arid and Semi-Arid Lands (ASALs) 129. In recognition of the need to address inequalities and vulnerabilities in Arid and Semi-Arid Lands (ASALS), the government, established the State Department for Development of the ASALS (SDDA) to coordinate overall planning and development of policies and programs for ASALs. Despite being characterized by extreme weather conditions and increasing vulnerability of communities to both slow and rapid onset emergencies, the ASALs have great potential for development and contribution to the national economy. This is through development of among other sectors: livestock, agriculture, energy, tourism, and mining. This will need to be underpinned by accelerated human capital development through affirmative action, enhanced security, and social integration initiatives. 58 130. These good intentions notwithstanding, the SDDA notes that, to date, the ASAL areas continue to experience significant challenges in access to basic education. These challenges include: i) increased incidences of insecurity leading to continued disruption of learning in schools; ii) high pupil teacher ratio because of insecurity incidences forcing TSC hired teachers to flee from such areas and, iii) uneven teacher distribution disproportionately disadvantages the ASAL Counties leading to high PTR, low enrollment and high dropout rates. Efforts to address these challenges have been impeded by factors such as availability of few candidates who qualify for teaching posts from these regions, increasing insecurity incidences causing mass exodus of teachers from the ASAL regions and the high girl child dropouts that undermines learning outcomes. 131. As part of their mandate, the SDDA have developed a Partnership Coordination Framework to try and synergize the efforts of development agencies working in the area. In collaboration with other stakeholders, SDDA, is implementing initiatives to address the issues impeding learning. These initiatives include improving access to water by sinking of boreholes in schools; Solarization of water dams and re-seeding of farms to provide pasture as a strategy to limit the pastoral lifestyle that affect schooling participation. In a bid to address food insecurity, the department also collaborates with the WFP in food distribution in arid areas. The department does not have a specific unit that deals with management of E&S risks and technical capacity on the same needs strengthening. 132. Recommendations include: • Given the role of SDDA in coordinating development in the ASALs and its contribution to access to basic education, it is recommended to build the capacity of SDDA staff in E&S risk management where feasible. 6.10 Public Works Department 133. The State Department of Public Works is an agent of the Ministry of Transport, Infrastructure, Housing and Urban Development. The department is mandated to provide policy direction and coordinate all matters related to construction, rehabilitation and maintenance of public buildings and other public works. The MoE has 2 public works engineers seconded from the department to support implementation of school infrastructural activities in schools and specifically: i) support development of technical design aspects, ii) administration of contracts, iii) supervising and monitoring infrastructure, iv) assessing the quality of ongoing construction works, including handing over of school buildings, and v) issuance of compliance certificates for completed works. In addition, the department plays a key role in dispute and conflict resolution among workers, contractors and schools through reconciliation, mediation and arbitration r. Key gaps are mainly on limited human resource and capacity to fully support on technical issues such as electrical, engineering and E&S management. 134. Some of the key gaps noted under the department include; i) the department does not have a standard operational system in place for guidance on the method of construction, ii) the method of procurement system for construction of infrastructure follows the national system, iii) delegation of the construction procedures to be followed is at school level, with no budget to manage the E&S issues. In many cases, school budgets do not include resources for management of safeguard related risks such as on appropriate disposal of waste from asbestos roofing material, posing risks to the environment and school community. Under the Secondary Education Quality Improvement Project (SEQIP), the department was involved in revising the standard procurement guidelines to conform with World Bank's requirements. This provides an opportunity for inclusion of safeguards appropriate measures in the department's procurement process. The guideline is expected to be adopted as from February 2022, in its operations. 135. Recommendation: o For effective management of E&S risks associated with school infrastructure, the Public works engineers need training on environment social, health and safety risks and impacts. 59 6.11 National Construction Authority 136. National Construction Authority is a parastatal that falls under the department of public works whose main function is to regulate, streamline and build capacity in the construction industry. To facilitate this, the authority undertakes tasks the following tasks: i) registers construction projects and issues a compliance certificate to the developer (private and public institution) to allow for commencement of construction work; ii) provides supervisors and workers accreditation; and iii) registers and regulates contractors in their professional undertaking to ensure quality within the construction industry. The NCA works with other agencies such as the Ministry of Interior, to enhance its compliance efforts. 137. NCA is present in 14 regional offices in the country, 13 liaison offices and represented in 52 Huduma centres. Some of the challenges experienced by the NCA include: i) most of the government agencies and counties work independently with minimal engagement and collaboration amongst relevant departments; ii) limited availability of qualified experts in counties (many experts are concentrated at national level); iii) limited capacity and resources allocated to carry out their key mandate efficiently; and iv)in some cases, insecurity. In the past, government agencies such as the MoE failed to comply with mandates of the authority on registering projects and follow- up on issues of accreditation apart from working with registered contractors. Recently, the MoE has collaborated with the NCA in the construction of the CBC classrooms in which the authority supported in the tendering process, vetting of contractors, and supervision of ongoing construction for quality assurance. 138. In the proposed program, the NCA will play a key role through: i) quality assurance in ensuring adherence to the appropriate construction process which includes; registration of construction sites including renovation works; ii) ensuring professional registered contractors are engaged and iii) collaboration amongst agencies such as public works engineers to ensure all construction projects are well designed, construction workers are accredited and offer training to workers. The authority has a system for grievance management. Grievances received mainly arise from conflicts on land ownership and poor construction of infrastructure which are mainly resolved within the stipulated time. 139. Recommendation: o For effective management of E&S risks associated with school infrastructure, the NCA staff to be trained on environment social, health and safety risks and impacts. 6.12 Directorate of Occupational Safety Health and Services (Doshs) 140. The mandate of the Directorate is to ensure compliance with the provisions of the Ooccupational Safety and Health Act (OSHA)2007 and promote safety and health of workers through implementing effective systems for the prevention of occupational diseases, ill health accidents and damage to property in order to reduce the cost of production and improve productivity in all sectors of economic activities. 141. The department has limited personnel and resources allocated to carry out their mandate effectively. To bridge this gap, about 80 officers were deployed to all counties recently. DOSHS works in close collaboration with other government agencies such as; i) the NCA in approving architectural designs and plans of workplaces.4, ii) the NEMA, in review of all projects submitted before approval, before issuance oflicences, iii) the department of public works in consensus before approval of plans and on consultations on safety and health knowledge. The MOE has minimally engaged with the DOSHS as structures on registration of public schools as workplaces are not well developed and there’s non-compliance to OSH requirements. 142. Recommendations o Develop Standard Operating Procedures/guidelines for occupational, health and safety management to enhance the effectiveness of the MoE system. 4 The cost of building plans is based on acreage or building space. Building approval charges have been reviewed and revised, awaiting to be gazetted. 60 o During the bidding/tendering process, it should be mandatory for contractor’ applicants to submit documents entailing; i) a risk management plan to identify all potential risks arising from the construction process, ii) evidence on compliance with OSH requirements, iii) registration of contractors for evidence on competency for management of on-site health and safety risks, iv) a history of work injury compensation and site safety and health audits. 6.13 Social Protection 143. The State Department for Social Protection, Senior Citizens Affairs and Special Programmes is an agent of the Ministry of Public Services, Gender, Senior Citizens Affairs and Special Programmes. The State Department is mandated with formulation, review and implementation of social security, employment, programme for persons with disabilities, national human resource planning and development, national labour productivity, child labour and regulation management, facilitating and tracking employment creation, co-ordination of national employment, internship and volunteers for public service, community development, protection and advocacy of needs of persons with disabilities, social assistance programmes, workplace inspection and workman’s compensation. 144. Within the state department, there are affirmative actions to ensure inclusion in line with the government policy outlining 5% of all public service employment is awarded to women, PWDs and youth, cash transfers to VMGs such as Orphans. To further enhance inclusion the department uses data on the poverty index to enhance targeting. The department however does not have systems and capacity for follow up to ensure inclusion of VMGs. 145. The department also has statutes on child protection with penalties enforced on violation. Enforcement of the rules is a challenge as the promotion and protection of families is entrenched in preferred style of discipline and upbringing. There are child protection committees in communities served by volunteer lay officers, who advocate for family promotion and protection and offer psychosocial support. For inclusion, there are community-based rehabilitation volunteers who support PWDs to deal with abuse. 146. Under the state department, there are structures from national to sub-counties’ where social development officers carry out mobilization and community sensitization. Social development offices also handle community complaints and grievances. Officers keep records of the complaints however the feedback system is challenged and not effective in grievance management. There is a need for a robust grievances and redress system to be built and capacity building for officers for effective coordination and management. 147. Recommendation: o Capacity building for social development officers to be able to identify and mitigate social and environmental risks is needed. 6.14 Ministry of Health (Public Health Department) 148. The Ministry of Health (MoH) has a mandate to facilitate the implementation of health policy, enhance health regulation, enable national referral to health facilities, and engage in capacity building and technical assistance to Counties. There are policies, guidelines and programs, that include: Menstrual Health and Hygiene Policy, National School Health Policy 2009, deworming program, homegrown school meals guidelines and adolescent nutrition program. The roll-out and application of these policies, guidelines and programs is however ineffective. 149. The MoH collaborates with the MoE to ensure food safety as stipulated in the national food safety guidelines. In its role of ensuring safe and nutritious school meals, the MoH faces challenges such as unguided perception that school meals guarantee the health of learners5, and limited financial resources to undertake pilots for evaluation of priorities. The National School Health Policy 2009 5 The MoE follows capitation guidelines whilst the MoH needs to facilitate healthy meals which may not cover the expected scope (all learners having a healthy meal). 61 makes provisions for infrastructure in schools to be disability friendly. The MoH also ensures that appropriate WASH facilities that are also disability friendly are constructed including provisions of water within the school compound and soap for hygiene purposes. The MoH also has in place a grievance handling mechanism that is managed joint working groups and incorporating inputs from technical officers. The joint working groups hold monthly and quarterly meetings for efficiency in addressing grievances. Recommendation: o Given their role in ensuring habitable school infrastructure and safe and nutritious meals, the capacity of the relevant MoH staff on E&S risk identification and management needs to be enhanced through the Program. 6.15 The National Council for Nomadic Education in Kenya (NACONEK) 150. NACONEK has a mandated of formulating policies and guidelines, innovating in education methods, identifying investment opportunities, and addressing factors that impede education amongst nomadic communities. NACONEK’s mandate and functions focus on vulnerable and marginalized groups in Arid and Semi-Arid, the informal settlements and within areas with pockets of poverty, fragility or in post-conflict zones. The design of program activities is hinged on equity, affordability, culture and gender sensitivity. Being a Semi-Autonomous Government Agency, NACONEK collaborates with state agencies mandated to promote sensitization and awareness creation on cultural practices that impede socio-economic progress of local inhabitants. 151. NACONEK carries-out its mandate through providing ‘Back to School Kit’ for girls, fortified porridge, homegrown solutions for household’s sustainability, cash transfers, Sanitary towels provision, internship, and community participation during project implementation. Beneficiaries of interventions undertaken through NACONEK, are identified through registered groups, data sources available and information from governance institutions. 152. NACONEK applies the national environmental frameworks such as: Environmental Management and Coordination Act (EMCA) of 2015 and its related guidelines; NEMA Gender Mainstreaming Policy (2013); and NACONEK Integrated Water, Food & Energy for Sustainable Schools – NIWFESS Framework. NACONEK enforces OHS adherence by delegating responsibilities of oversight on enforcement to the Project Managers. This is done through sensitization and awareness creation on the benefits of heeding to the guidelines, instructions and cautions as laid out in the Human Resources and other relevant national and international agency Policies. 153. In enhancing effective E&S management systems, NACONEK has made deliberate outreach to bodies such as Water Resources Authority (WRA), NEMA, NCA and relevant county government officials to participate in independent oversight, reviews, and approvals of on-going interventions. WRA are engaged from the on-set in project development and in reviews. NEMA’s environmental guidelines are used as part of the tools to generate monitoring and evaluation matrix to be used by NACONEK officers in follow-ups of field operations. ESIA certified personnel are engaged to undertake the drafting of ESIA reports for any NACONEK interventions. NACONEK’s project - implementing unit (PMU) has self-administered data capturing templates/tools, carefully designed to capture all relevant data with a consistent, well-flowing work breakdown which are used as per a pre- set criterion. NACONEK will utilize report formats for weekly, monthly, quarterly, and annual reports. 154. Currently, the MoE, NACONEK and other stakeholders are developing the National Food and Nutrition Policy which is being funded by the World Food Program (WFP). The policy is expected to ensure that the current school feeding program, as administered by the MoE, integrates supplementary foods to enhance micronutrient support to curb malnutrition and ensure satiety for the children. This will fill the current gap in the SMP, as it currently offers only one hot meal to pupils in the purely nomadic counties and select schools in the Semi-arid counties. Through UNICEF financing, NACONEK is in the process of developing the National Nomadic Education Policy that has provisions 62 on Homegrown food solution programs geared to enhance sustainability in ensuring SMP is successful and sustainable. 155. The National School Nutrition and Meals Strategy stipulates the guidelines for the school feeding program for Kenya and has been developed by the School Health, Nutrition and Meals Programme Coordination Unit at the Ministry of Education (MOE), with multisectoral inputs from other ministries, counties, sub-counties and schools, development agencies, NGOs, educationists and other development practitioners with support from development partners. This strategy is aligned with Kenya Vision 2030 which takes into account what has been established so far by policies of special importance to the cross-sector approach of home-grown school meals, including those from education, health, social protection and agriculture sectors. NACONEK has integrated in its structure the Homegrown food, nutrition and sustainable development unit comprising of experts who are to oversee the inclusion of supplementary foods into the school’s menu. This unit is also to manage both environmental and social risks emanating from the activities of the entire food value chain. 156. Medical facilities in the ASALs, which form the bulk of NACONEKs focal area, are not as robust and accessible in other areas of Kenya. The situation is exacerbated by cultural practices. To curb this, NACONEK is in liaison with the relevant medical related sectors and Implementation Partners (IP’s) to undertake the following mitigation measures through; education, awareness creation and sensitization of the school and local communities (who comprise of parents, guardians, and relatives of the learners) on the dangers, prevalence of the disease and protection measures. Water Sanitation and Hygiene infrastructure are key interventions geared to provide conducive environments for hindering the transmission of germs. These include roof catchment, guttering, automated foul flush mechanisms, filtration, and storage of first-degree portable quality water in sausage tanks for drinking, bathing, cooking, and washing purposes. Refurbishment of roof catchments will be a key feature through installing non-corrosive, cost-effective and durable materials that do not harbor deposits of filthy organic wastes. The entity also plans to introduce cost effective incineration machinery to take care of disposed sanitary towels. NACONEK does not provide scholarships directly but in collaboration with partners provide cash transfer programme to VMG communities. 157. NACONEK has a project implementation matrix available that clearly stipulates the roles and responsibilities and feedback mechanisms. The entity manages grievances depending on the nature and magnitude of the conflict. The council utilizes local organized systems such as community leaders, government mechanisms that involve local administrators. At school level use BOM and PTA. Additionally, the Entity has programmes for mitigating grievances and conflict such as Peace Schools, Pasture for Peace, Cross-border talks, sports and games activities, Peace Advocacy Campaigns, Use of print and social media platforms, participation in cultural, County and National Activities, 4K Clubs, Music and Drama. 158. Recommendations: o The mandate of NACONEK can be enhanced through capacity building on E&S management; climate change; report writing; and officers, technical working group of focal persons for VMGs/IPs and teachers on the entity’s role. Additionally, provision of laptops for systems enhancement will enable effective data management. 63 7.0 RECOMMENDATIONS AND PROGRAM ACTION PLAN 159. In general terms, the assessment revealed that, the applicable environmental and social management systems at the national and county levels is consistent to the Core ESSA principles. However, there are a few gaps that need to be addressed. In addition, the scope of the legal and regulatory systems is adequate to address underlying environmental and social effects and therefore, no significant changes to the overall structure of these management systems are required or proposed. 160. This section provides recommendations that will enhance management of environmental and social effects of the program. The recommendations are organized into two broad categories that comprise: • Measures to address important gaps identified between the MOE systems and the PforR core principles including the key planning elements. • Institutional strengthening measures regarding capacity and human resources, development of guidelines/SOPs and improved application of the regulatory framework and guidelines including undertaking the review of technical assessment reports. 161. Recommendations made will be used to either improve program design or be part of the Program Action Plan (PAP) for the PforR as detailed in the following sections. 7.1 Program Design Recommendations o The MoE to develop and implement an Environmental and Social Management System (ESMS) to guide and mandate the application of E&S risk management across program activities - construction, scholarship, and school meals. o Operationalization of the ESMS by; a) preparation of an ESMS manual, and b) training and capacity building on the ESMS manual. o Awareness of, and progressive application of infrastructure design of schools to include sustainable use of resources and reduce environmental pollution. School designs to incorporate rainwater harvesting and storage capabilities. Additionally, design and inclusion of biogas facilities as feasible. o Engage relevant regulatory institutions responsible for ESHS risk management including public health, DOSHS, NCA in line with program activities on school meals, provision of hygiene products and infrastructure. o Strengthening and mainstreaming of existing guidelines for management of GBV risks in schools-including mapping out of survivor service providers and referral pathways for GBV/SEA-H prevention and response. o Adopt and mainstream best practices under Elimu scholarship and build capacity and systems within government institutions for management of scholarships and mentorship programs. o Provide adequate human and financial resources to ensure fidelity of implementation of the ES risk management systems and compliance monitoring. This can be done by either hiring experts in environmental and social risks management or getting secondment from NEMA. It is specifically recommended that the project management unit at the national and county level include experts in environmental and social management. There is also need for MoE to hire experts to assist with conducting ESIA studies for proposed infrastructure subjects. o Adhere to the KPEELP program exclusion list as a strategy for addressing E&S risks. o Consider hiring of support staff to assist in food preparation in target schools. However, requisite public health certificates should be obtained. o Ensure development of school master plan as a strategy to improve on siting and lay out planning as well as enhance harmony and reduce on overall cost reduction. o In areas where land is scarce, MoE to consider construction of storey buildings under school infrastructure activities. 64 o School infrastructure to include tree planting (to include fruit trees such as mangoes, citrus, guavas, paw paws) to provide shed and food to the children as well as serve as source of energy. o Ensure scholarship committees are composed of representatives of VMGs and IPs communities. o The scholarship should also include learners from private schools who are currently not considered. o There is need to design and develop a GRM MIS module compatible with NEMIS and interoperable between agencies to create a harmonized MoE-wide GRM system. o Ensure effective and continuous project information disclosure sessions that are accessible to the most vulnerable and marginalized groups and IP communities. 65 7.2 Recommendations for the Program Action Plan Table 11 below provides recommendations for the Program Action Plan (PAP). Table 11:Program Action Plan to manage E&S Effects and Risks Action Description DLI Responsibility Timing Completion measurement 1. Preparation and adoption of the • In the second year, 2023, at least 100 MoE Manual to The ESMS manual to include Environmental and Social Management System classrooms are applying the approved be ready guidelines and Standard Operating (ESMS) manual including training and capacity ESMS manual. (Integrated in DLI #6 by project Procedures (SOPs) for management building of Training of Trainers (TOTs). The on number of new classrooms effectiven of civil works and construction manual to capture: constructed in the needs-based school ess and activities in learning institutions and infrastructure investment plan) verificatio other program activities such as on a. Guidelines and Standard Operating n of school meals program, scholarships Procedures (SOPs) for management of Civil implement and supply of hygiene products for works and construction activities in learning ation in girls. institution including: Year 1 and • SOPs for screening on E&S risks and 2 impacts The government will prepare a • SOPs of engagements with National training plan for the training of Environment Management Authority (NEMA) trainers (ToT) at national and county • SOPs for engagements with National level on the ESMS manual and the Construction Authority (NCA) training will be covered and reported • SOPs of engagements with (Directorate of under the IPF technical assistance Occupational Health and Safety Services (DOSHS) • SOPs for engagements with Department Bi-annual and annual reports on E&S for Public Works effects and good practices from • SOPs for engagements with Department KPEELP activities. for Public Health • SOPs for prevention of labor influx and management of construction workers • SOPs for Environmental, Social, Health and Safety (ESHS) and Occupational Health and Safety (OHS) 66 Action Description DLI Responsibility Timing Completion measurement • SOPs for prevention and management of complaints and grievances • Review and update the School Safety Manual developed in 2008 to address emerging issues such as on ESHS • Guidelines for design specifications on siting and universal access • Guidelines for design specifications on sustainable use of local material • Guidelines for inclusion of ESHS clauses/provisions as part of contract bidding and contract documents • Guidelines for management of emergency and disaster preparedness • Guidelines for E&S compliance monitoring, evaluation and reporting that include: i. SOPs for E&S compliance monitoring ii. SOPs for E&S evaluation iii. SOPs for E&S reporting • Guidelines and design provisions for rainwater harvesting storage and conservation in schools • Capacity building of the relevant personnel including contractors for E&S effects management based on the ESMS Manual b. Guidelines and Standard Operating N/A MoE Manual to Procedures (SOPs) for management of other be ready program activities under KPEELP by project • Guidelines for handling and sustainable effectiven disposal of sanitary waste ess and verificatio n of 67 Action Description DLI Responsibility Timing Completion measurement • Guidelines and SOPs on food sourcing, implement storage, handling, and preparation of School ation in Meals Year 1 and • Guidelines for management and 2 coordination of scholarships and student mentorship • Guidelines and SOPs for prevention and management of GBV/SEA-H (based on experiences from SEQIP and other best practice) • Guidelines for stakeholder engagement and information disclosure 2. Review and analyse NEMIS capabilities on Integrated in the DLI #6 MoE/KISE/KI Year 1 Reports generated from NEMIS collecting, disaggregation and reporting on CD/ with granular data on special needs data for learners with special needs and KNEC/TSC children by category of disability, disability and recommendations to close age and gender. identified gaps. 3. Complete the ongoing process to Integrated in the DLI #4 MoE Year 2 Scholarship administration and institutionalize the process and procedures for management processes and administration and management of procedures established at JKF. scholarships at MoE's JKF. 4. Design and develop a GRM MIS module N/A MoE 3 Months Complaints and grievances lodged compatible with NEMIS and interoperable after through the NEMIS. between agencies. effectiven Number of grievances satisfactorily ess addressed 5. Assess the outcomes of biogas pilots and N/A MoE Year 1 Costed action plan developed to analyze existing practices on use of biogas in scale up biogas projects. schools 68 Annex 1: System Assessment Tool Key planning elements Guiding questions Core Principle 1: Program E&S management systems are designed to (a) promote E&S sustainability in the Program design; (b) avoid, minimize, or mitigate adverse impacts; and (c) promote informed decision-making relating to a Program’s E&S effects. The assessment considers, as may be applicable or relevant under particular PforR Program circumstances, to what degree the PforR Program systems: Operate within an adequate legal and regulatory 1. What relevant E&S laws, regulations, procedures, decrees, or other mandatory legal instruments are framework to guide E&S impact assessments, applicable to the Program activities and associated impacts and risks. (It is important to note that an ESSA mitigation, management and monitoring at the should not be limited to the legal and policy framework for a single leading agency such as the Ministry of PforR Program level. Education (MoE). Many sectoral laws and policies outside of educational agencies may also be highly relevant). 2. Do the Program implementing agencies have the legal and/or regulatory authority to commit resources and implement actions necessary for effective E&S assessment and management of impacts and risks? 3. If not, are critical changes to the legal or regulatory framework needed before the operation can proceed? 4. If a new Program is being proposed, has legal and regulatory authority been clearly established? 5. Do systems include mechanism, where appropriate, to ensure objective, disinterested or independent assessments of E&S impacts? Incorporate recognized elements of good practice 1. Do applicable procedures require E&S screening or assessment of activities associated with the proposed in E&S assessment and management including: PforR operation that presents risks? 2. Does screening lead to E&S assessments that are proportional in depth and scope to the identified adverse (i) Early screening of potential impacts. impacts and risks (e.g. does it apply risk categories to determine the depth and breadth of assessments?) 3. Are screening procedures comprehensive? Do they include specific consideration of the full range of E&S risks, including public health and hygiene risks associated with school meals program; exclusion of the vulnerable, marginalised, Indigenous Peoples, those with disabilities and communities; GBV/ SEA-H; spread of COVID-19; insecurity’ and child labour? 4. Do screening procedures include the opportunity for stakeholder involvement in the identification of priority E&S risks and impacts? 5. Do these requirements clearly apply to the Program proposed for support by the PforR operation? Has screening for, and estimation of E&S effects been part of the PforR operation? 6. Does this screening process consider opportunities to enhance the range and reach of Program benefits? 7. Has the E&S screening in an integrated manner, so that both E&S risks and impacts are identified early on? 8. Is the scope of Program screening broad enough to cover all potential significant E&S issues? 69 Key planning elements Guiding questions Consideration of strategic, technical, and site 1. Do the applicable systems require the consideration of alternatives or other forms or options assessments alternatives (including the “no action� to avoid or minimize potential impacts and risks? for example are strategic, technical, and site-selection alternative) alternatives considered, including a “do nothing� options? 2. Which if any, other forms of strategic planning, such as sectoral master planning (e.g. urban, natural resources, coastal zones), are used to identify E&S risks and impacts? 3. Does Program design (ie identification of activities or expenditure) consider the relative environmental costs and benefits of feasible alternatives? (ii) Explicit assessment of potential induced, 1. Do Program procedures require the consideration of induced, cumulative, or transboundary impacts as part cumulative and trans-boundary impacts. of the screening, options assessments, and/or Environmental and Social Impact Assessment? 2. Do the procedures allow for, or promote, the use of tools such as strategic E&S impact assessments to help identify and evaluate such impacts? 3. Do the systems require such issues to be managed if they are relevant to the Program? 4. Are Program activities set within strategic management plans that provide an operational framework for understanding and managing such impacts? 5. Do the procedures include measures for evaluating critical global education related issues such as global education standards? 6. Does the assessment provide adequate opportunity to engage stakeholders on induced, cumulative and transboundary impacts? 7. Do Program systems require assessing the risks from natural disasters or human-induced emergencies? (iii) Identification of measures to mitigate 1. Do the applicable systems effectively promote the application of mitigation hierarchy (e.g. avoid, minimize, adverse E&S risks and impacts that mitigate, compensate/offset)? cannot be otherwise avoided or 2. Do the E&S management plans provide sufficient operational detail to guide effective implementation? minimized. 3. Are mitigation/management measures called for under the system relevant and realistic (e.g. not requiring disposal or hazardous wastes in a licensed facility)? 4. Do management plans require time-bound actions? Do they have clear targets and clear assignment of responsibilities for implementation and for monitoring/oversight? 5. Do applicable systems include clear and appropriate repercussions and remedies in case E&S mitigation measures are not applied? (iv) Clear articulation of institutional 1. Are institutional/organisation responsibilities supported by adequate human and financial resources to responsibility and resources to support the implement environmental and/or social management procedures or plans? implementation of plans. 2. Are Program entities responsible for E&S aspects adequately staffed-in terms of skills, qualification, and the number of personnel – to ensure effective administration, planning, design, implementation, and monitoring functions? 70 Key planning elements Guiding questions 3. If the Program does not build sufficient in-house, what reliable alternative arrangements (e.g. coordination with other agencies, use of qualified consulting services) are available to promote effectiveness? If none, what needs have been identified for supplementary support and/or capacity strengthening? 4. If the Program depends on interagency collaboration for delivery of services or for managing E&S effects, or if the multi-jurisdictional reach or scope of the Program creates divided responsibilities for implementation, what structural arrangements are in place to ensure effective and timely coordination? 5. Is there a coordinating body that is empowered to resolve coordination issues or delays in required actions? 6. Are the Progam entities effective at applying their E&S frameworks in practice? 7. Are “adaptive management� processes in place to respond to unanticipated E&S management issues that may arise? 8. Do Program entities have access to contingency funds for unexpected impacts or budget shortfalls? 9. Are processes and procedures related to E&S protection routinely, effectively, and equitably implemented? (v) Responsiveness and accountability 1. What mechanisms are available for Program entities use to ensure that stakeholders are identified and that through stakeholder consultation, timely their views, concerns, and suggestions are systematically considered? dissemination of the PforR information, 2. Does the borrower consult with stakeholders on various aspects of Program design and operation? and responsive GRM. 3. Is information relating to E&S effects made available to the people or communities that are potentially affected? Do Program implementation arrangements include measures for responsive communications or relevant E&S concerns? 4. Do Program implementing entities promote the credibility and accountability of E&S management systems? For example, do they use external monitoring of implementation or other forms of oversight? 5. Does the system include mechanisms for independent oversight and monitoring where appropriate? 6. Does the Program have accessible GRMs with established procedures for submission or grievances? Do the established GRMs accept and process grievances relating to E&S management issues? 7. Are there established routines and standards for responding to grievances received? Are records available? Does the management of implementing agencies act on identified issues consistently and objectively? 8. Do consultations processes promote communication and informed decision-making? Do those who may be affected have prior access to information about the topics for consultations? 9. Are consultations conducted early enough that stakeholder feedback can be considered in the design of new or changing Program activities? Are consultations conducted in a manner that encourages an open exchange of views? 71 Key planning elements Guiding questions 10. Do consultations include a representative cross-section of groups affected by the Program (including women, Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities, ethnic minorities, the poor, or other groups that might be under-represented)? 11. Does the sampling capture jurisdictional or geographical diversity? Core Principle 2: Program E&S management systems are designed to avoid, minimize or mitigate adverse impacts on natural habitats and physical cultural resources resulting from the Program. Program activities that involve the significant conversion or degradation of critical natural habitats or critical physical cultural heritage are not eligible for PforR financing. Key planning elements Guiding questions The assessment considers, as may be applicable or relevant under particular PforR Program circumstances, to what degree the PforR Program systems: (vi) Identify and screen for adverse effects on 1. Has Program screening identified potential impacts on modified, natural, or critical natural habitats? potentially important biodiversity and 2. Will the Program activities affect environmentally sensitive habitat areas with local importance, such as cultural resource areas and provide streams, wetlands, ponds, and vegetated riparian areas? adequate measures to avoid, minimize, or 3. If such impacts involve the significant conversion or degradation of critical natural habitats, have the mitigate adverse effects. activities been excluded from the Program? 4. Does screening include the use of the best available science (e.g. reference to authoritative source materials such as maps, lists of threatened or endangered species prepared by recognized experts, direct advice from recognized experts, advice from peer-reviewed technical literature) to inform the assessment of potential impacts? 5. Are Program activities planned and carried out in the context of land use or other management plans that identify sensitive habitat areas? 6. Is screening at a sufficient level of detail and granularity to identify the location and geographical extent of natural and critical habitats? 7. Would Program activities lead to the fragmentation of existing habitat areas, both at the level of localized Program activities and at larger landscape levels? 8. Do management plans require appropriate conservation and mitigation measures to be in place, including those required to maintain ecological services? (vii) Support and promote the protection, 1. Does the Program include management measures to protect, conserve, or rehabilitate habitats that are at conservation, maintenance, and risk? Are these measures consistent with recognized international good practice? rehabilitation of natural habitats. 2. Do management systems include measures to avoid, restrict, or otherwise forbid the introduction of exotic or invasive species that may threaten ecosystems or value? 3. Are monitoring measures in place to determine the extent to which habitats are affected by the Program? 72 Key planning elements Guiding questions 4. If Program activities affect protected areas are such activities consistent with approved and up-to-date protected area management plans? 5. Have the relevant management authorities and other key stakeholders for such protected areas been consulted or otherwise involved in decisions that may affect the legal status of habitat values of the area? 6. If the Program involves any support for establishing forest plantations or other forest management activities for conservation, forest regeneration, or non-timber forest production purposes, does it do so in a manner consistent with internationally recognized standards of responsible, sustainable forest management and use? (viii) Avoid significant conversion or 1. Are arrangements in place to ensure that significant conversion or degradation of critical natural habitats degradation of critical natural habitats does not occur and that Program activities do not otherwise contravene international environmental (modified habitats, natural are defined as agreements relating to natural habitats or forests? in ESS 5 in the Bank’s ESF) 2. When available data are insufficient to determine the extent or severity of biodiversity impacts, are new biodiversity surveys or inventories, conducted by qualified individuals or organizations, required as part of the Environmental Impact Assessment process? 3. Are appropriate measures in place to ensure that incidents of non-compliance are dealt with in a timely and effective manner (e.g. through work stoppage, penalties or other legal remedies)? (ix) If avoiding the significant conversion of 1. If Program activities may cause conversion or degradation of non-critical natural habitats, do natural habitats is not technically feasible, Environmental Impact Assessment procedures include considerations of measures to avoid or minimize the include measures to mitigate or offset the severity of impacts (for example, through the systematic consideration of viable alternatives)? adverse impacts of the PforR Program 2. Do plans require appropriate conservation offset measure to be in place, including measures to maintain activities. ecological services? (x) Take into account potential adverse 1. Does the screening review involve careful attention to avoiding impacts on resources of archaeological, effects on physical cultural property and paleontological, historical, architectural, religious, aesthetic, or other cultural significance? provide adequate measures to avoid, 2. Is the mitigation hierarchy principle applied in the management of potential adverse impacts on the physical minimize or mitigate such effects. cultural property? 3. Are management measures in place to avoid, minimize or mitigate such effects? 4. Do procedures require the use of authoritative source materials or field-based surveys to identify existing physical cultural resources before works commence? 5. Do borrower systems include “chance find� procedures to take effect whenever Program activities result in the discovery of, or disturbance to, physical cultural resources? 73 Key planning elements Guiding questions Core Principle 3: Program E&S management systems are designed to protect public and worker safety against the potential risks associated with the construction and/or operation of facilities or other operational practices under the Program; exposure to toxic chemicals, hazardous wastes, and otherwise dangerous materials under the Program; and reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards. Key planning elements Guiding questions The assessment considers, as may be applicable or relevant under particular PforR Program circumstances, to what degree for PforR Program systems: (xi) Promote adequate community, individual 1. Does the Program have a legal framework that addresses and promotes workplace safety? Are there and worker health, safety and security mandatory measures that compel contractors and facility operators to operate equipment and facilities in a through the safe design, construction, manner that protects individuals and communities? operation, and maintenance of Program 2. Does the Program include adequate measures to protect people and the environment form the effects of activities, or, in carrying out activities that hazardous or toxic materials that are used in construction and production processes or wastes that are may be dependent on existing generated as a by-product of construction or facilities operations? infrastructure, incorporate safety 3. Does the borrower require measures to help protect individuals and/or communities from violence, measures inspections or remedial works intimidation, harassment, criminal activity or other negative interactions with contractors, laborers, as appropriate. operators, or other workers associated with a project activity? (xii) Promote measures to address child and 4. Does the borrower have specific laws and regulations to avoid the use of child and forced labor in the forced labor. implementation of Program activities? (xiii) Promote the use of the recognized good 1. Does the borrower have specific laws, regulations, procedures, standards to effectively evaluate and practice in the production, management, manage the potential effects of hazardous or toxic materials in the workplace? storage, transport, and disposal of 2. Are qualified technical experts engaged for the design, construction supervision, operation and maintenance hazardous materials generated under the of all infrastructure that may pose a significant risk to public safety (including periodic safety inspections)? PforR. 3. Does the Program include safety measures and standards for emergency preparedness for pre-existing civil works or works under construction that pose potential hazards to people or the environment? 4. Are emergency preparedness plans implemented and periodically reviewed? 5. If an emergency preparedness plan is deficient, what safety measures or remedial works do Program entities need to undertake? (xiv) Promote the use of integrated pest 1. Where relevant, do Program systems promote the use of integrated pest management practices to manage management practices to manage or or reduce pests or disease vectors? reduce the adverse impacts of pests or 2. Does the Program promote reducing the use of hazardous synthetic chemical pesticides? disease vectors. 74 Key planning elements Guiding questions 3. Does the Program include appropriate technical guidelines and training for the safe production, storage, transport, use and disposal of hazardous pesticides or other chemicals in accordance with international conventions? (xv) Provide training for workers involved in 1. Do applicable systems invest in the development of staff skills for handling hazardous materials? the production, procurement, storage, 2. Have past training practices been sufficient in terms of technical scope and depth? Are workers able to transport, use, and disposal of hazardous implement good practice in the workplace? chemicals in accordance with the relevant 3. Are there systematic constraints to the application of good industry practice in these areas? international guidelines and conventions. (xvi) Include adequate measures to avoid, 1. As relevant, does the Program include measures to ensure that people or the environment would be put at minimize, or mitigate community, increased risk from natural hazards such as flooding, earthquakes, earthquakes, landslides, severe weather individual, and worker risks when the or climatic events, or other disasters? PforR Program activities are located in 2. Does the borrower assess the climate change risks associated with Program activities such as the estimation areas prone to natural hazards such as of GHG emissions or the inclusion of appropriate mitigation and/or adaptation measures under the PforR floods, hurricanes, earthquakes, or other operations? severe weather or affected by climate events. Core Principle 5 : Program E&S systems give due consideration to the cultural appropriateness or and equitable access to, Program benefits, giving special attention to the rights and interests of Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities, and to the needs or concerns of vulnerable groups. Key planning elements Guiding questions The assessment considers, as may be applicable or relevant under particular PforR Program circumstances, to what degree the PforR Program system. (xvii) Undertake meaningful consultations if the 1. Do consultations include a representative cross-section of groups affected by the Program (including Indigenous Peoples/Sub-Saharan African women, Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Historically Underserved Traditional Communities, or other ethnic minorities, the poor, or other groups that might be under represented)? Local Communities are potentially 2. As relevant, does screening identify different property regimes, including common property resources, affected (positively or negatively), to customary or traditional rights to land or resource use, and the rights of Indigenous Peoples/Sub-Saharan determine whether there is broad African Historically Underserved Traditional Local Communities? community support for the PforR Program activities. 75 Key planning elements Guiding questions (xviii) Ensure that Indigenous Peoples/Sub- 1. Does the sampling capture jurisdictional or geographic diversity? Saharan African Historically 2. Do Program entities regularly review and consider consultation results to obtain or broaden community Underserved Traditional Local support? Communities can participate in devising 3. Does the Program exclude activities involving: adverse impact on natural resources to which Indigenous opportunities to benefit from the Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities, have traditional exploitation of customary resources and ownership or customary use rights; resettlement from or restriction to such communities’ access to such indigenous knowledge, the latter lands; or the commercial exploitation of Indigenous Peoples/Sub-Saharan African Historically Underserved (indigenous knowledge) to include the Traditional Local Communities, cultural heritage? consent of Indigenous Peoples/Sub- Saharan African Historically Underserved Traditional Local Communities. (xix) Give attention to groups of vulnerable to 1. Is there consideration of distributional equity, affordability, and cultural or gender constraints to access or hardship or discrimination, including, as participation? relevant, the poor, the disabled, women 2. Does the incentive structure within Program agencies promote outreach measures to encourage equitable and children, the elderly, ethnic and affordable access to Program benefits? minorities or other marginalized groups; 3. Does it consider how to alleviate cultural, financial, or physical barriers that hamper the participation of and if necessary, take special measures to socially marginalized or disadvantaged groups? promote equitable access to PforR Program benefits. Core Principle 6 : Program E&S systems avoid exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial disputes. Key planning elements Guiding questions The assessment considers as may be applicable or relevant under particular PforR Program circumstances, to what degree the PforR Program system: (i) Consider conflict risks, including 1. Is the Program being implemented in areas of recognized fragility or in post-conflict zones? If so, what distributional equity and cultural special risks does this context present regarding the achievement of E&S objectives and outcomes? sensitivities. 2. Could the Program contribute in any way to underlying tensions or civil strife by reinforcing inequities or grievances? 3. Would support for the Program in any way prejudice one party’s claims inland or territorial disputes? 76 Key planning elements Guiding questions 4. Do the screening and design or Program activities consider the risks of creating or exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial or jurisdictional dispute? 5. Are Program agencies open to discussion with the Bank and consultation with stakeholders on potentially sensitive issues? 77 Annex 2: Consultation with Vulnerable and Marginalized Groups (VMGs) Objectives The objective of this consultation is to • Get community perception/views on KPEELP in selected VMG/IPs that live within 6 select counties including Turkana, Narok, Bungoma, Siaya, Makueni and Kwale. • Determine the preferred approach to consultations to ensure intergenerational appropriateness and fitness for purpose as VMGs have differentiated needs for community engagements, language and access to GRM, Areas of Discussion 1. Access to Government projects • What government projects are currently being implemented in this area? From which sector -on education, health agriculture etc. • What is your view about the project(s)? inquire more on the duration of the project(s); targeting (how were the beneficiaries identified?), coverage, distribution and level of support. • How is your community benefiting or not benefiting from these initiative(s)? inquire more on the reasons for benefiting or not benefiting. • How is your community involved in the project(s)? inquire on planning, management, decision-making, conflict resolution, etc. 2. Effective involvement of the community in KPEELP The government is planning to introduce KPEELP so what suggestions do you have on the following: • What would ensure its successful implementation? • What sort of impacts both positive and negative are likely to be experienced from KPEELP? • What sort of measures do we need to put in place to address the negative impacts • What structures in the community would be critical to engage in the intervention? • What circumstances or barriers may hinder and/or facilitate VMG involvement in KPEELP? • What would be the potential challenges for the program? • How can these challenges be best addressed? • The KPEELP seeks to address aspects such as inequity, performance, girl child education, teenage pregnancies etc, what are your perceptions regarding these challenges that the project seeks to address? any recommendations? 3. Grievance Management • What are the main conflicts experienced by the community? (On resource access or use • How are conflicts resolved? • What structures are in place for conflict resolution? • What is your view regarding the capacity of the grievance mechanism to resolve a conflict? 4. Recommendations of additional/new measures to ensure the VMGs/IPs receive social and economic benefits that are culturally, gender and inter-generationally inclusive: • What measures should be put in place to ensure that your community receives maximum social and economic benefits from the KPEELP? 78 Annex 3: Procedures for Environmental and Social Management in Kenya This section describes the procedures for environmental and social management in Kenya including the environmental and social assessment process. Step 1: Environment and Social Screening of proposed KPEELP Activities The Environmental Management and Coordination Act (EMCA) 1999, amended in 2015 and Environmental Impact Assessment and Audit Regulations, 2003, require all sub-projects to be subjected to a review and screening process. In this this regard, all subprojects will each need to be reviewed independently for potential environmental and social impacts and this will be carried out by the hired MoE E&S officers. The objectives of E&S screening will be to: i) evaluate the environmental, social, occupational safety and health risks associated with the proposed operation; ii) to determine the depth and breadth of Environmental and Social Assessment (EA) required prior to the commencement of the given sub-project; and, iii) submit the screening results to NEMA for advise on the appropriate EA instrument(s). Criteria for screening include; type, scope, proposed location, sensitivity, and scale of the project, as well as the nature and magnitude of its potential E&S impacts. Under the Public Notice issued in March 2020 on the processing of EIA report; the outcome of the screening process could result in the need to prepare any of the following ESIA reports: i) Summary Project Report (SPR), ii) Comprehensive Project Report (CPR), and (full) Study Report (SR). As NEMA is the institution mandated to decide on whether a full-scale ESIA is necessary for any proposed investments or otherwise, a report on each project will need to be submitted to NEMA for determination of the requisite type of ESIA report to be prepared as noted above. It must be noted that the KPEELP will not support projects of high risks (i.e. those that require full scale ESIA) as categorized under the amended EMCA (2015), which are usually projects listed under Schedule 2. Step 2: Carrying out Environmental and Social Assessment Responsibility for preparation of the project reports (summary project report or comprehensive project report) based on the screening outcome is by NEMA registered lead EIA and audit experts. The resulting report will then be reviewed and cleared by the hired environmental and social officers at the Ministry of Education before submission to NEMA for further review and approval. To this end, the MoE will need to hire independent environmental and social experts or get seconded officers from NEMA to support ES activities in the program as members of the Project Coordination Team/ Unit. Furthermore, the SPRs and CPRs will also be reviewed and cleared by the Bank before submission and disclosure by the Ministry. Step 3: Review and Approval The EIA regulations allow for approval of proposed projects at the project report stage and have been effectively used by NEMA to grant EIA license to low/medium risk projects (SPR and/or CPR) without requiring a full EIA study to be done. The prepared Environment and Social Instruments (whether SPR or CPR) shall be submitted to NEMA for approval and licensing. These will be submitted to NEMA County office in the County where the proposed project site is located. The NEMA County Director of Environment (CDE) shall acknowledge receipt of the SPR by issuing an SPR/CPR application reference number and an acknowledgement letter. As per Policy, it is expected that NEMA CDE shall review the SPRs and issue its Records of Decision (RoD) and communicate the same in writing to the proponent within five working days. For CPRs, the RoD shall be issued by NEMA CDE within 21 days. Overall Project Compliance Monitoring and Reporting Environmental and social monitoring is a continuous or periodic determination of actual and potential effects of any activity on the environment whether short-term or long-term. Environmental and social monitoring is generally undertaken after the project has begun, to check on initial ESIA predictions; the status of implementation, relevance and effectiveness of the proposed mitigation measures as presented in the ESMP and determining where further measures are needed to avoid pollution or environmental and social harm. While monitoring is carried out by an environmental inspector appointed under the EMCA Act, 1999 who may enter upon any land or premises for the purposes of monitoring the effects upon the environment of any activities carried out on that land or premises, it is imperative that the MoE 79 puts in place measures for monitoring implementation and compliance with the ESMP. The independent environmental and social experts hired by the MoE or seconded experts from NEMA as well as ES officers at the relevant County Departments including representation from relevant departments such as public health, public works among others will lead in monitoring implementation and compliance with ESMP for each sub-project. Environmental audit An Environmental Audit (EA) is the systematic documentation, periodic and objective evaluation of activities and processes of an ongoing project to ascertain the degree of implementation of the agreed environmental and social management plan (ESMP) as well as its compliance with environmental and social policies and legislations. Section 68 of EMCA gives NEMA the responsibility of carrying out environmental audit of all activities likely to have significant impacts on the environment such as new projects undertaken after completion of an environmental impact assessment study report. The purpose of EA is to determine the extent to which the activities and programs conform to the approved environmental management plan. An initial environmental audit and a control audit are conducted by a qualified and authorized environmental auditor or environmental inspector. In carrying out the environmental audit study, the inspector must carry out the appraisal of all the project activities including: past and present impacts of the project, responsibility and proficiency of the operators of the project, existing internal control mechanisms to identify and mitigate activities with negative environmental impacts, existing internal control mechanisms to ensure workers health and safety, existence of environmental awareness and sensitization measures including environmental standards and regulations, law and policy for managerial and operational personnel. For this PforR Program, all subjects will carry out environmental audits annually and implements the corrective measures recommended by such audits. Thus, each sub-project will be required to hire independent ES experts to support the carrying out of such EAs. 80 V. ANNEX 4: LIST OF STAKEHOLDERS CONSULTED AT COUNTY LEVEL 81 82 83 84 85 86 87 88 89 90 91 ANNEX 5: LIST OF NATIONAL STAKEHOLDERS CONSULTED VIRTUALLY No Institution Nominated Officer E-mail Address Date Time 1. Kenya Institute of Curriculum Grace W. Ngugi Maina Email. gngugi@kicd.ac.ke 12.01.22 10 - 11am Development (KICD) 2. Kenya Education Management Institute Mr. Wycliffe Wasike Email wwwclife@gmail.com 12.01.22 11:30-12:30pm (KEMI) 3. Director Infrastructure Lowerence K. Kuruntimi lkkauntimi@gmail.com 12.01.22 2 - 3pm 4. School meals Program Florence Gwoneki gwoneki2002@gmai 12.01.22 3:30 – 4:30pm 5. Teachers Service Commission (TSC) Irene Ochieng iochieng01@gmail.com 13.01.22 10-11am Tom Okaya tomokaya@tsc.go.ke 6. GPE PRIEDE PIU Peter Gachathi pgachathi@gmail.com 13.01.22 4.30 - 5.30Pm 7. State Department of Arid and Semi-Arid Peter Kimutai koskimutai@gmail.com 14.01.22 9 - 10am Lands (ASALs) 8. Kenya Institute of Special Education Daniel Sanoe Email.sanoed@kise.ac.ke 14.01.22 10:15 - 12pm (KISE) 9. Centre for Mathematics, Science & B. Kilonzo bkilonzo@cemastea.ac.ke 14.01.22 1 - 2pm Technology Education in Africa (CEMASTEA) 10. Kenya National Examination Council Paul Njuguna pnjuguna@knec.ac.ke 14.01.22 2 -3pm (KNEC) 11. National Environment Management Joseph Makau jmakau@nema.go.ke 17.01.22 10 – 11am Authority (NEMA) 12. National Council for Nomadic Education Emmy Njeru emmynjeru.en@gmail.com 17.01.22 11:30 – in Kenya (NACONEK) 12:30pm Zakaria Ismail camirzackeay@gmail.com 13. Ministry of Public Works Eng. Kiragu wakkirr@gmail.com 20 .0 1.22 8 – 9am Eng. Kamau Peter pkgathuru@gmail.com 92 No Institution Nominated Officer E-mail Address Date Time 14. Department of Social Protection (Social Mr. Mureithi musamk2000@gmail.com 20.0 1 .22 9 – 10am Development/Children services/Gender) Social risk Management unit Mdm. Jane Kitili jkitili2002@yahoo.com 15. Secondary Education Improvement Jane Mbugua janmbug@gmail.com 20.01.22 10:30 - 12pm Project (SEQIP) Julie Omolo julieomolo.ja@gmail.com 16. Department of Public Health Dr. Christine Wambugu drcwambugu@gmail.com 20.01 .22 2 – 3 pm Leila Akinyi leilakinyi@gmail.com 17 National Construction Authority (NCA) Arc. Stephen Mwilu s.mwilu@nca.go.ke 20 .01 .22 3 – 4 pm 18 Directorate of Occupational Safety and Dr. Andrew Muruka drandrewmuruka@gmail.com 20.01.22 4 – 5 pm Health services (DOSHS) 93