Title: Analyzing Gaps and Options for Enhancing Migratory Wildlife Species Conservation

During Renewable Energy Deployment In Kenya

Summary and proposed priority policy actions for enhancing migratory wildlife species
conservation during deployment of renewable energy in Kenya

November 2016

Author: Eric Mwangi Njoroge

Affiliation: The Network of African Youths for Development (NAYD)

Selected theme: Climate change and green growth

Introduction

There is consensus in the literature that production of all forms of energy from renewable
sources generally understood to include wind, wave, tidal, hydro, solar, geothermal power and
biomass makes a significant contribution to climate change mitigation (e.g. Rogelj et al. 2013,
Edenhofer et al. 2012). By mitigating climate change, the production of renewable sources also
makes a significant contribution to the conservation of biodiversity worldwide (Secretariat of the
Convention on Biological Diversity {CBD}, 2010; Gitay et al., 2002).

Rapid climate change affects ecosystems and species ability to adapt with loss of biodiversity as
a result. Notwithstanding their socioeconomic benefits and positive impacts on biodiversity via
climate change mitigation, the deployment of renewable energy technologies could also have
negative impacts on wildlife, including migratory species, if not properly planned and designed.
In most developing countries as Kenya (and the world over) where these RETs are being
developed at unprecedented rates, there are concerns about whether migratory wildlife
conservation policies may be achieved amidst the potential impacts of RETs deployment.

Characteristically, migratory species have geographically separated breeding and nonbreeding

ranges connected by migration routes Winden et al. (2014). Therefore, individuals and
populations can be affected at several points during their life cycle: in breeding areas, during
migration or at migratory stopover sites, or in non-breeding areas (Ibid). As a result from
combinations of comparable or different renewable energy deployments, impacts can be
cumulative. They can as well be as result from other developments and environmental pressures
(Ibid).

The research conducted for this report examined gaps and options for enhancing migratory
wildlife conservation during renewable energy technologies (RETs) deployment in Kenya. The
desk-based study looked at what current national legislation, agreements, initiatives, and
instruments (national level; formal/informal; government/non-governmental) exist for the
conservation of migratory wildlife species during RETs deployment, how (and how well) they
address threats posed by deploying renewable energy, what threats are not being addressed and
why is this the case. The analysis focused on the link between biodiversity (specifically
migratory wildlife species) and renewable energy deployment because understanding the
implications of poorly managed renewable energy deployment and its impacts on migratory
wildlife as well as requisite corrective actions is critical and has recently received significant
attention internationally.

Main research findings

The research showed that in Kenya, there are a number of national legislations, agreements and
MoUs between conservation organizations, initiatives, and instruments to protect migratory
species but none focusing specifically on dealing with impacts resulting from deployment of
renewable energy. Reviewed literature indicates that no studies have been conducted so far to
investigate the impact minimization and mitigation employed as well as the effectiveness of
these measures employed by renewable energy developers despite the country continuing to see
an increase in deployment of low-carbon energy.

Biodiversity loss and ecosystem degradation undermines the supply of ecosystem services vital
for climate change mitigation and adaptation 1. This happens during the deployment of renewable
energy technologies (RETs). The aims of climate change mitigation and adaptation can be
supported by biodiversity conservation actions, enabling the permanence of mitigation and
adaptation efforts 2. Integrating climate change adaptation and mitigation activities within
broader strategies designed to make development paths more sustainable enhances their
effectiveness 3. Climate change adaptation activities can promote sustainable use of biodiversity
and conservation and reduce the impact of changes in climate and climatic extremes on
biodiversity 4. By integrating the effects of wildlife mitigation and avoidance measures in the
deployment of low-carbon energy deployment, it will reduce non-climate pressures on
biodiversity and hence make the systems less vulnerable to changes in climate.

What has become evident is that during renewable energy deployment in Kenya, impacts on
migratory species are addressed mainly by NEMA pursuant to Regulation 21 of the
Environmental Management and Coordination (Impact Assessment and Audit) Regulations
2003. The aim is to supply relevant data concerning the environmental and social impacts of the
project, and to assess and compare the impacts in relation to relevant national and international
requirements and guidelines. In addition, Kenya Electricity Generating Co., Ltd. (KenGen) as
well as Geothermal Development Company (GDC) Kenya Ltd. each have an existing

1
Mant, R., Perry, E., Heath, M., Munroe, R., Väänänen, E., Großheim, C., Kümper-Schlake, L. (2014) Addressing
climate change – why biodiversity matters. UNEP-WCMC, Cambridge, UK.
2
Ibid.
3
Finlayson, C.M., Gitay, H., Bellio, M.G., van Dam, R.A. & Taylor, I. 2006. Climate variability and change and
other pressures on wetlands and waterbirds: impacts and adaptation. Waterbirds around the world. Eds. G.C. Boere,
C.A. Galbraith & D.A. Stroud. The Stationery Office, Edinburgh, UK. pp. 88-97.
4
Ibid.
Memorandum of Understanding (MoU) to facilitate conservation efforts where geothermal
power is produced within the Rift Valley region. Also, renewable energy financing institutions
such as the World Bank (WB) and African Development Bank (AfDB) have developed their own
environmental guidelines to minimize the environmental impacts of the projects they finance.

Additionally, the findings illustrate that at the national level, there is considerable activity that
could help protect the country’s migratory species’ populations from the serious threats they are
currently facing due to deployment of renewable energy. Where there is investment in
conservation, particularly by specific donor programmes, international NGOs or private sector
companies, electrocutions with power lines, collisions and habitat conversion/destruction has
been held to low levels by Strategic Environmental Assessment (SEA) and Environmental
Impact Assessment (EIA) procedures. At the moment, in the absence of broader national
investment in wildlife sector governance, these efforts are patchy and limited.

On the one hand under current arrangements, issues concerning migratory species during
renewable energy development are not sufficiently addressed. On the other, national laws and/or
regulations on environmental reviews and impact assessments as well as financial institutions’
environmental assessment regulations perform fundamental roles in addressing as a minimum
elements such as noise impact assessment; air quality impact assessment; wastewater effluent
assessment; solid waste assessment; site location and local conditions; socio-economic impact
assessment; and proposed environmental/social monitoring. Each of these plays an important and
useful role but none offer integrated, coordinated conservation cover for migratory wildlife
species, leaving gaps within and between national structures for protection of migratory wildlife
populations and their habitats.

Taken together, the aforementioned challenges mean that Kenya Wildlife Service (KWS), the
national body with the responsibility for coordination and the convergence of national policies
and activities in migratory species conservation, despite its mandate and promise, however,
cannot ably coordinate national programmes or address the underlying governance issues that are
currently preventing migratory species conservation during renewable energy deployment in the
country from productively moving forward.

Options for enhancing migratory wildlife species conservation during deployment of

renewable energy in Kenya

Given the acuteness of the threats and the effectiveness and mandate of national laws and/or
regulations on environmental reviews and impact assessments as well as financial institutions’
environmental assessment regulations, it is not surprising that there is an evident need for strong
emphasis towards mitigation of collisions and electrocutions. However, another significant threat
exists in the loss and fragmentation of habitat caused by ongoing human population expansion,
development of the extractives industry and rapid land conversion.
It appears that there is good legislation in place, but that wildlife law is seldom enforced, mainly
due to problems with governance. Issues surrounding political will for conservation and law
enforcement during renewable energy deployment are probably the major immediate threats to
migratory wildlife species. Like many countries, Kenya also struggles with weak inter-
departmental cooperation and information exchange. Existing national instruments can and do
provide support for some of these areas, but beyond the various committees, there appears to be
little natural coordination between them.

The strong conclusion that comes forward from this analysis is that renewable energy financing
institutions (especially multi-lateral development banks) involvement must be carefully
considered, and not assumed as they need to embed biodiversity safeguards in their plans and
policies.

Option 1: Providing capacity support for increasing migratory species mitigation measures and
habitat protection during renewable energy deployment

Building capacity for risk assessment, pre- and post-construction monitoring, and siting
guidelines to minimize impacts to migratory wildlife and their habitats is needed. In particular,
there is an evident need for a scientifically valid process for assessing risk at potential renewable
energy development sites; present recommendations for robust, consistent, scientifically sound
pre-, during- and post-construction monitoring protocols – with the ability of each to step down
to the local levels.

KWS needs to develop interim siting guidelines which may be useful in addressing these issues
during the development of renewable energy. These guidelines must be developed in a
collaborative process whose goal is to “reach consensus on how best to reduce impacts of
renewable energy power development on wildlife in Kenya.”

Option 2: Facilitated consultation with academic institutions, industry associations, conservation

organizations, and county and national governments’ agencies

This study described significant existing national and international mechanisms and programmes
focusing on or indirectly benefiting migratory species. The study also noted that the Convention
on the Conservation of Migratory Species of Wild Animals (CMS) currently lacks any specific
focus on migratory species conservation during renewable energy deployment. Yet, Kenya as a
Party to the CMS has in its 2014 report of its implementation has clearly posited this need. That
this need has been recognized is a significant signal.

However, there has been little effort to move forward so far, which may indicate that the
country’s perspectives have changed, or that practical engagement by stakeholders in taking
action towards conservation of migratory species during renewable energy deployment is low. It
has not been possible to determine the precise nature of the support sought, or the scope and
content of the initiatives to be developed. It was therefore also not possible to determine what
commitments Kenya would be prepared to make towards taking mitigation measures.

It therefore seems prudent that this option should involve CMS facilitating a focused
consultation process for the Kenya as a Party to the CMS to articulate what their specific needs
are, and if a consensus is reached, seek what levels of contribution and longer-term commitment
other stakeholders are prepared to make. This approach would be especially relevant given the
acknowledgement of the 2030 Agenda for Sustainable Development that social and economic
development depends on the sustainable management of our natural resources.

Policy priority actions

In sum, there is already legal framework that addresses certain core issues related to migratory
wildlife species in the country. This is particularly the case with matters related to designating
sites of particular importance as protected areas and enforcement of the legislation especially the
National Environment Management and Coordination Act. Policy coherence, however, is a
major problem due to the weak referencing between the respective laws being fronted by
different government agencies.

The National Environment Management and Coordination Act does not elaborate on how to deal
with environmental impacts of renewable energy deployment. Reversely, the Environmental
Management and Coordination (Impact Assessment and Audit) Regulations 2003 do not detail
guidelines for mitigating against impacts to migratory wildlife species but are more focused on
supplying relevant data concerning the environmental and social impacts of a specific project,
and assessing and comparing the impacts in relation to relevant national and international
requirements and guidelines.

Though the Environmental Management and Coordination (Impact Assessment and Audit)
Regulations 2003 set some frame, it is evident that the enactment of detailed and comprehensive
procedures for evaluating effectiveness of impacts mitigation measures in line with the
Convention on the Conservation of Migratory Species of Wild Animals (CMS) are missing.

Further, need for streamlining institutional responsibilities might emerge. For the overall
management of migratory wildlife species, the institution in charge is the KWS, with the support
of other government agencies mainly Kenya Forestry Service (KFS), Kenya Forestry Research
Institute (KEFRI), National Museums of Kenya (NMK), Kenya Marine and Fisheries Research
Institute (KEMFRI) and National Environment Management Authority (NEMA). Though the
KWS has currently a stronger focus on managing protected areas while the other government
agencies play supportive roles including research and monitoring, migratory wildlife policy may
have a stronger connotation on dealing with issues of impacts due to deployment of renewable
energy. The respective acts that established these government agencies should be amended with
references to respective sections of the other one to harmonize legislation and areas of
cooperation. The acts should be complemented by joint guidance for procedures of monitoring
effects of renewable energy deployment on migratory species that mirror the spirit of the
Wildlife Conservation and Management Act, 2013 and the Constitution.

References

Edenhofer, O., Pichs-Madruga, R., Sokona, Y., Seyboth, K., Matschoss, P. and Kadner, S.
(2012). ‘IPCC Special Report on Renewable Energy Sources and Climate Change Mitigation’. In
Renewable Energy Technology Deployment and Migratory Species: an Overview. Viewed
November 11 2015

Finlayson, C. M., Gitay, H., Bellio, M.G., van Dam, R.A. and Taylor, I. (2006). Climate
Variability and Change and Other Pressures on Wetlands and Waterbirds: Impacts and
Adaptation. Waterbirds Around the World. Eds. G.C. Boere, C.A. Galbraith and D.A. Stroud.
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Mant, R., Perry, E., Heath, M., Munroe, R., Väänänen, E., Großheim, C. and Kümper-Schlake,
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Marsh, H., O’Shea, T.J. and Reynolds III., J. E. ( 2011). ‘Ecology and Conservation of the
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Winden, J., Vliet, F., Rein, C., and Lane, B. (2014). Renewable Energy Technology Deployment
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