Indigenous People’s Plan for a Proposed 100MW Wind

Energy Project, Kajiado District, Kenya

December 2012
Indigenous People’s Plan Kipeto Wind Energy

Indigenous People’s Plan

for a Proposed Wind Energy Project, Kajiado
District, Kenya

Prepared for:

Kipeto Energy Limited

14 Riverside, Riverside Drive, Westlands

P. O. Box 8366 – 00200

Nairobi, Kenya

Report Prepared by:

Kurrent Technologies Ltd.

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Indigenous People’s Plan Kipeto Wind Energy

Table of Contents

Table of Contents
Table of Contents .......................................................................................................................................... 3
1.0. INTRODUCTION ............................................................................................................................ 4
2.0. BASELINE DATA ON MAASAI INDIGENOUS COMMUNITY ................................................ 5
1.1.1. Kipeto Project area basic statistics ........................................................................................ 5
3.0. KIPETO WIND PROJECT IMPACTS ............................................................................................ 8
3.2. Efforts to Avoid and Minimize Area of Land Proposed for the Project ................................... 9
3.3. Efforts to Avoid and Minimize Impacts on Natural Resources and Areas of Importance to
Indigenous Peoples ................................................................................................................................. 11
4.0. LEGISLATIVE BACKGROUND AND GUIDING PRINCIPLES ............................................... 12
5.0. CULTURALLY APPROPRIATE MITIGATION MEASURES ................................................... 16

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Indigenous People’s Plan Kipeto Wind Energy

1.0. INTRODUCTION

This report provides an description of the Indigenous Peoples Plan for the Kipeto Maasai Community,
for a 100 MW wind energy project which has the potential to positive and negatively affect the
community. The framework in which the study is considered, the impacts associated with the project on
the indigenous maasai community in Kipeto, are carried out within local and international standards to
ensure avoidance, minimisation and where possible enhancement of positive impacts to promote the
interests of the community as consultations determined.

Kipeto Energy Ltd proposes to establish a commercial wind energy facility by constructing 63 wind
turbine generators within an area of about 70km2, with a maximum generating capacity of 100 MW. The
Kipeto area is located about 70 km south-west of Nairobi in Kajiado County, predominantly inhabited by
an indigenous communty, the Maasai.

The contemporary requirement for Indigenous people’s Free Prior and Informed Consent (FPIC) before a
project is developed is observed in this project derived from rights of indigenous People’s which is
recognized under international, regional and local human rights treaties and declarations. These include
ILO Convention 169, the African Charter and IFC Performance Standards which provide the framework
both for definition of indigenous peoples and set the issues to be identified and how these issues are to be
managed within a widely consultative and participatory process described in a separate Stakeholders
engagement plan.

The details of the potential social impacts as described in more detail in the ESIA are also described here
with a view to specifically determine the indigenous people’s contexts and mitigation measures are
culturally appropriate.

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Indigenous People’s Plan Kipeto Wind Energy

2.0. BASELINE DATA ON MAASAI INDIGENOUS COMMUNITY

The proposed Kipeto Energy Project is located in two divisions of Kajiado County, Ngong
Division and Kajiado Central, on the edge of the lower Kenyan parts of the Great Rift Valley.
The large portion of the site is located within the Oloyiankalani and the Enjororoi sub-locations
of South Kikonyokei Location in Ngong Division, while the other is in Oloyiankalani sub-
location of Ildamat location of Kajiado Central. The project site is 18km north-west of Kajiado
town and some 70km from Nairobi Metropolitan City. The project area is further situated
between the C58-Magadi Road and A104 –Namanga Road.

The project area is located to the north-west of Kajiado town and is enveloped between Isinya-
Kajiado Road towards the east and Kiserian-Isinya Road towards the north. The Rift Valley
escarpment runs on the westward border of the project area. It provides a scenic view of the
bottom of the valley and has several footpaths and livestock path links with the valley below.

The Kajiado County is the administrative centre but a larger contribution to the economy comes
from the northern urban centres of Isinya, Kiserian and Ongata Rongai. Over the last 30 years, the
human population of Kajiado District has increased four-fold, or by 4.7% a year (Republic of
Kenya, 1982). At least half of this increase was due to immigration. In 1979 the population of
Kajiado County was estimated at 149,000, or an overall density of 7.6 people/km2; the population
density in pastoral areas was approximately 5 people/km2 (CBS, 1981).

Table 1 Kajiado County Statistics. Source Statistical Survey 2010

The County Population 687, 312 people

The constituencies in the county Kajiado Central, Kajiado West,
Kajiado North and Kajiado South
The Kipeto project passes Kajiado West
Poverty Rate Is the richest county by national county
figures, though disparities are huge
especially in the project area
Fully Immunized Households less than 1 year old in 2010/11 30.9 per cent
Malaria as percentage of all first outpatient visits 22.6 percent
Households have access to improved Water 72 percent
Households have Access to Sanitation 74.2 percent
Paved Roads in County 5.9 percent
Households have Electricity 39.8 percent
Households who delivered in a Health Facility 39 percent
Households had all the Vaccinations 70.7 percent
Households can read and write 55 percent
Households have Primary Education 62 percent
Households have Secondary Education 12.5 percent.

2.1. Kipeto Project area basic statistics

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Table 2: Kipeto Project Footprint (including the Transmission Line) Area Statistics, Source Household Survey and Local
Administration 2011

Item Number
1. Estimate Population 3,750
2. Number of Households 780
3. Number of Registered Voters 1260
4. Number of Primary Schools 4
5. Number of Secondary Schools 1
6. Number of Hospitals 1

Community Infrastructure: The community lacks basic educational, transport, medical and
water infrastructure. There are only two primary schools (Donyo Sidai and Esilanke) and one
secondary school within the project area. There are no medical facilities except for the one at
at Olooyiankalani (3 KM from site) after which Kajiado Town which is 20 KM from the site
or Isinya another 12 KM from site.

The internal access roads to various homes and households are yet to be well demarcated
and as the number of land sub-divisions increase the number of access way leave that are not
demarcated will continue to increase in number.

Socio-Cultural Setting: Maasai households live together within a large compounds or

Boma’s of 6 to 12 households. They keep livestock, mainly cattle, sheep and goats.
Increasingly there are also donkeys kept for carrying water and dogs for livestock keeping and
security. The Maasai are polygamous and own large tracts of land ranches. Most of the land is
private ranches are have with title deeds. The ranches are fenced into paddocks for managing
large stocks of livestock.

The community is patriarchal and male and female have separate roles, social
responsibilities and balance of power roles. Sons are more likely to inherit land from their
fathers than daughters more due to the fact daughters get married and live outside the family.
The community cherishes continuity of structure. Livestock as resources in inheritance help to
perpetuate and maintain the family name and clan influence. There are cultural activities, such
as rites of passage for different age groups which are important management structures used to
delineate among groups in dispensing authority and rights.

Households are increasingly made from materials different from traditional Maasai round
roofed cow-dung and mud walled round shaped popular Manyattas. Houses made from iron
sheets, wood and mixture are increasing in number. There are religious denominations like
churches which co-exist with indigenous rituals and celebrations.

Economic and Land Use Context: Land within the project area is mainly occupied by the
Maasai who migrated to the area over 100 years ago and have used the land for grazing
livestock ever since. There are different families and households within the project area who
then subdivide their land to sons in order to form new households. This has a limiting impact on
grazing land and livestock carrying capacity of available land per household. A large number of
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livestock is kept in grazing areas located outside the project area. Few Maasai households have
started subsistence farming.

Land is generally titled and there are no communal lands in the area. Most land is under the
name of the father, who is often in a polygamous relationship. Sons typically build on
subdivided land and most homes on a plot are typically from the same family.

Attachment to land is very strong and people are very suspicious of any activities taking place
in the grasslands. Several times EIA consultants had to give and repeat explanations as to what
they are actually doing in the plots. The attachment is also due to long history of residence in
the area among the Maasai with some generational histories going over 100 years.

Besides engaging in livestock keeping, some Maasai engage in subsistence farming, others are
also taking jobs in local towns especially when they are younger. The selling handmade Maasai
artifacts, products of livestock and opening small businesses in the local towns are also
increasingly common.

There is also an increasing tendency to sell sections of land attractive to tourism for the
construction of small cottages especially along the attractive escarpment and due to fact that
wild animals were available locally historically (including Zebras, Antelopes, Ostrich etc),
although this is diminishing. Some wild animals also migrate to the area from the national parks
adjacent to Kipeto.

Taking a generic definition of indigenous people, the Maasai community can be referred to as a
distinct social and cultural group possessing the following characteristics in varying degrees:
a) Self-identification as members of a distinct indigenous cultural group and the
recognition of the Maasai as a distinct cultural group goes beyond national, regional and
international borders.
b) Collective attachment to geographically distinct habitats or ancestral territories
among being where the project area is located.
c) Customary cultural, economic, social, or political institutions that are separate
from those of the mainstream society or culture; or
d) A distinct language or dialect, often different from the official language or
languages of the country or region in which they reside.
The constitution protects minorities and marginalized groups (article 56): the state shall put in
place action programmes designed to ensure that minorities and marginalized groups:
i) participate and are represented in governance and other spheres of life;
ii) are provided special opportunities in educational and economic fields;
iii) are provided special opportunities for access to employment;
iv) develop their cultural values, languages and practices; and
v) Have a reasonable access to water, health services and infrastructures.
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Indigenous peoples are social groups with identities, are often among the most marginalized and
vulnerable segments of the population. In many cases, their economic, social, and legal status
limits their capacity to defend their rights to, and interests in, lands and natural and cultural
resources, and may restrict their ability to participate in and benefit from development projects
like the transmission line.

3.0. KIPETO WIND PROJECT IMPACTS

This section provides an analysis of key findings of impacts, risks and opportunities as determined by the
environmental and social impact assessment processes.

3.1. Key Findings: Analysis of Impacts.

Potential Risks Risks Assessment and Results of Mitigation

Construction phase impacts:
Limitations of land use rights Negative impact which improves with mitigation. The Mitigation

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Potential Risks Risks Assessment and Results of Mitigation

due to land take for the measure is mainly compensation based in which 70% of land market
transmission line way leave prices are paid to land owners which is higher than normal
compensation rates of 30%
Fences and gate placed along Without Mitigation a negative impact that reduces with mitigation in
the proposed transmission which the integrity of the paddocks along the transmission line is
line access routes; reconstructed after the transmission line is built and maintained with
assistance from the community.
Impacts associated with Negative impact without mitigation and very low negative with
construction disturbance: mitigation. A construction plan will include community safety
traffic, waste and noise guidelines associated with risks related to noise, potential for traffic
impacts accidents to children and livestock.
Socio-economic benefits of A positive impact is achieved with some mitigation necessary
compensation payments associated with training in legal and financial skills lacking in the
indigenous community that will improve the outcomes associated with
payments.
Operations Phase impacts
Electromagnetic field Negative low without Mitigation and improves with mitigation like
(EMF) exposure avoiding construction within way leave and limiting land use within the
60 metre corridor wayleave.
Visual impacts For local tourism potential intrusion impacts when no mitigation is
implemented are Negative. This is especially during the dry weather and
improves should some of the proposed mitigation be implemented.
Potential impacts The project development area accelerates exposure of the community to
associated with indigenous identity and livelihood risks associated with community security and
Maasai people’s identity loss of the community ancestral pastoral lifestyle related to the
and livelihoods rangelands. This is especially due to an increased immigrant population
and growth of urban culture.
Impacts associated with The community perceives benefits from the Community Trust as
proposed benefits sharing important in facilitating benefit sharing in social services investments of
mechanisms their choice and need.
Organizational capacity The training of locals in skills currently lacking to be able to have the
impacts capacity to manage and participate in project activities and gain
employment at various levels.

3.2. Efforts to Avoid and Minimize Area of Land Proposed for the Project

Activity Design efforts

1 Turbine Location The area around Kipeto was identified as having potential for a wind farm by
Craftskills in year 2009. Technical design of the wind farm including turbine
loctions was initially carried out by GED based on optismising the wind
resourse to achieve 100MW. Where possible a 7 by 3D spacing was used to
achieve optimal design as is standard. The design was later refined in order to
mitigate environmental impact assessments. The process of Kipeto Wind Farm

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Activity Design efforts

design was an iterative process and was also based on agreement of the plot
owners to participate in the project. Where no agreements were made, turbines
were dropped or relocated.
2 Internal Access The access roads to the individual turbines have been designed largely on
Roads designated common access way leave for access roads. The access road to each
turbine passes through an individual owners land using the most direct route.
There are lease agreements signed with each land owner who has an access
track, cables and or a turbine located in his land. Such agreements have been
reached with due consultations and compensation and are covered under the
land lease agreements. Detailed repeated discussions were carried out during the
EIA process to discuss these agreements. Further discussions will be carried out
during community meetings at the construction stage to manage any road
related issues arising.
3. Transmission Line Land was acquired for way leave and land use to construct the transmission line
Way Leave using the most direct route to the wind farm from Isinya substation.
Negotiations for this land was done and the line corridor designed based on
landowner requirements environmental constraints. Agreed compensation was
put in place supported by clear and discussed mitigation impacts on land taken
including a minimal 60 metres corridor where there are no permanent houses
constructed.
4. Sub -Station The location of the substation minimizes land take as it is located in a central
area of the proposed wind farm close to the borrow pit and adjacent to the
access road the E104 which will reduce the impact of bringing large substation
materials onto site. The substation location is the most suitable adjacent point
for off take to Isinya substation.
5. Construction Construction activities are planned with minimum land take and specified
activities activities will take place in delineated areas. Special regard will be given to land
use when choosing an area for construction activities. This is due to the high
cost associated with grazing land especially for small landholders. Where
grazing land is affected measures will be taken to restore the grazing area after
construction activities has been completed.
6. Any flora or fauna Any Sandalwood area was avoided. Migration paths for birds and bats were
that is affected by modeled and the layout design adjusted to suit the flight paths and breeding
the project areas of birds and bats

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3.3. Efforts to Avoid and Minimize Impacts on Natural Resources and Areas of
Importance to Indigenous Peoples

Item Efforts to Avoid or Minimize Impacts

1. Land Entering legal agreements that limits land use related to the project to
specific land use needs agreed including access roads, cabling and
turbine areas. Land areas where temporary construction activities will
take place (e.g. construction yard), temporary land agreements will be
entered into with specific individual land owners according to their
wishes.
2. Grazing areas Protection of individual land grazing areas and maintenance of the
paddock system that is managed by fences and gates will be
maintained. An improvement of storm water management will be
introduced to reduce soil erosion and grass cover.

3. Water Additional water sources will be identified and created if possible and
permitted by the Ministry of Water and water will be sourced from
outside the project area to meet project needs. Where boreholes, water
pans are created they will be allocated to the community once the
construction phase of the project has been completed.
4. Indigenous Capacity building community structures and enabling them to
socio-political effectively participate in management of the community going forward
structures will be a cornerstone of the trust. The social impact assessment of the
EIA and the Stakeholders Engagement has at all times endeavored to
respect the rights and traditions of the Maasai and to work within their
traditions.
5. Maasai cultural Promotion and protection of Maasai history, events and activities that
resources would then help perpetuate the indigenous identity will be carried out
(events, as part of the activities of the trust. At all times since to conception of
activities, the proposed development efforts have been made to respect Maasai
language and cultural resources. Social activities, engagement of CLO’s, provision of
materials) information materials, and local language translation have taken place
as part of the engagement process since the project conception.

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4.0. LEGISLATIVE BACKGROUND AND GUIDING PRINCIPLES

4.1. Right to Self-determination

Indigenous People’s have an inherent right to self determination enshrined in

different international jurisprudence and from which are their right to freely
determine their social, economic and cultural development. Indigenous people
also enjoy the right to maintain and develop their cultures, as well as the right
over their lands, territories and resources.

4.2. New Constitution of Kenya

The new constitution of Kenya recognizes the rights of indigenous communities,

apart from widely expanding the principles of participatory governance. The
constitution protects their right to develop their culture, languages and practices as
minorities and marginalized groups.

The constitution recognizes ancestral land as community land and land

traditionally occupied by hunter-gatherer communities. Land lawfully held,
managed or used by specific communities as community forest, grazing areas and
shrines. Community land shall not be disposed of or otherwise used except in
terms of legislation specifying the nature and rights of the members of each
community individually and collectively.

Among the state’s obligations in respect of the environment, Article 69: 1(d) shall
encourage public participation in the management, protection and conservation of
the environment.

4.3. The African Charter and the African Commission on Human and People’s
Rights

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The African Commission on Human and People’s Rights promotes and upholds rights of
Indigenous communities in Africa. Describing the indigenous peoples situations

Most of the areas occupied by Pastoralists, hunters-gatherers and other people’s have identified
with indigenous peoples’ movement are under-developed with poor, if any, infrastructure.
Generally, too, they have often been evicted from their land or been denied access to the
natural resources upon which their survival as people’s depend for the benefit of others.
Indigenous people’s are also dominated by the thinking of mainstream populations and looked
down upon as backward people.

Dispossession of land and natural resources is a major human rights problem for indigenous
peoples. They have in so many cases been pushed out of their traditional areas to give way for
economic interests of other more dominant groups and large-scale development initiatives that
tend to destroy their lives and cultures, rather than improve their situation. Pg. 20.

The Maasai in Kenya and Tanzania have been and are still experiencing dislocations
similar to those experienced by other pastoralists and hunter-gatherers in the region.
Evictions of Maasai from their ancestral territories at both sides of the common border
started during the colonial era and are continuing to the present. Page 24. The report of
the African Commission’s Working Group of Experts on Indigenous Populations/Communities

Discrimination: Article 5 of the African Charter says that every individual shall have the right to
respect of the dignity inherent in a human being and article 19 says that all peoples shall be equal
and enjoy the same respect.
Denial of Justice: the right to justice is enshrined in several of the articles of the African Charter
such as Articles 3,4,5,6 and 7. However, denial of justice towards indigenous communities and
individuals is evident in many instances.
Cultural rights violations are equally common marginalization against indigenous peoples
against Article 22 of the African Charter on cultural rights and identity.
Denial of constitutional and legislative recognition: The report finds very few African
countries recognize the existence of indigenous peoples in their countries.
Marginalization from social services: The lack of own professionals in the field of education,
human and animal health, judicial system and public administration deprives indigenous peoples
representation in important spheres of decision at various levels. This constitutes a violation of
fundamental human rights as spelled out by the African Charter on Human and People’s Rights,
such as a) The rights of equal access to public service of one’s country (article 13 (2); b) the right
to education (article 17 (1); c) the right to medical care and attention (article 16 (2).
Denial of the right to existence and to their own development according to article 20 and 22 of
the African Charter which emphasize that all peoples have right to existence and to social,
economic and cultural development of their own choice and in conformity with their own
identity.

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4.4. IFC Performance Standards

Stakeholder engagement as the basis for building strong, constructive and responsive
relationships, essential for the successful management of a project’s environmental and
social impacts, should be an on-going process as guided by Performance Standard 1 and
Performance Standard 7 on Indigenous Peoples’.

It should involve in varying degrees, the following elements: stakeholder analysis and
planning; disclosure and dissemination of Information; consultation and participation;
grievance mechanism; and on-going reporting to affected communities. The nature,
frequency, and level of effort of stakeholder engagement are commensurate with the
project risks and adverse impacts and phase of project development.

As a project with potentially significant adverse impacts on affected communities, KEL

will continue to conduct an informed consultation and participation (ICP) process with
the objective of building upon other consultation steps initiated during the initial
feasibility studies. There are social cohesion issues brought about by an alternative
company (a company which also had a proposal to establish a wind farm in the area, also
known as Empiris). The company was trying to set up another wind farm in the Kipeto
area and had signed up some land. However KEL had an Expression of Interest (EOI)
agreement with the Ministry of Energy and the rights of KEL to proceed with the
development of the proposed Kipeto Wind Farm was upheld by the Ministry. This
motivated the increased demand for in-depth exchange of views and information, in an
organized fashion and also affected other negotiations such as land issues.

4.5. ILO Convention 169

The ILO Convention 169 on indigenous and Tribal Peoples, requires consultations be
carried out in good faith and in a form appropriate to the circumstances, with the
objective of achieving agreement or consent to the proposed measures. Article 6 also
continues:

i) Consultation of the people’s concerned, through their appropriate procedures and

in particular through their representatives institutions.
ii) Establish means through which these peoples can freely participate, to at least the
same extent as other sectors of the population, at all levels of decision-making in
elective institutions and administrative and other bodies responsible for policies
and programs which concern them.
iii) Establish means for the full development of these peoples’ own institutions and
initiatives, and in appropriate cases provide the resources necessary for this purpose.

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The priority issues of the Indigenous People’s include land and natural resources (grazing lands).
Any potential adverse impacts on these were topical subjects for consultations and were
sensitively discussed and prioritized at all times. Informed participation in decision-making on
mitigation measures proposed and participation in implementation of the same was encouraged.

The rights of the peoples concerned to the natural resources pertaining to their lands shall be
specially safeguarded. These rights include the right of these peoples to participate in the use,
management and conservation of these resources.

4.6. Free Prior and Informed Consultations with Indigenous Maasai People

The contemporary requirement for Indigenous People’s Free Prior and Informed Consent (FPIC)
is derived from rights of indigenous peoples which is recognized under international, regional
and human rights treaties and declarations. States have a duty and company a responsibility to
obtain indigenous people’s FPIC in the issuance of concessions, and before the commencement
of related activities in or near their territories or impacting on the enjoyment of their rights.

Article 27 of the International Covenant on Civil and Political Rights (ICCPR) and Article 15 of
the International Covenant on Economic Social and Cultural Rights (ICECSR), both affirm the
indigenous People’s right to self determination applicable to support the demand for FPIC:
“Respect the principle of free, prior and informed consent of indigenous people in all matters
covered by their specific rights.”

The Committee on Elimination of Racial Discrimination (CERD) clarified that securing

Indigenous People’s rights, including their property, in a non-discriminatory manner necessitated
that decisions directly relating to (Indigenous People) rights and interests are taken with their
informed consent. The UN Declaration on the rights of Indigenous People’s of 2007 have placed
emphasis on the requirement to obtain FPIC in relation to projects impacting on Indigenous
Peoples.

The ILO Convention 169 recognizes indigenous people’s collective land and participation rights
and affirms a strong procedural requirement for consultations which must have ‘the objective of
achieving …consent”. In addition, these consultations must be undertaken in good faith and in a
form appropriate to the circumstances’. The project engagement approach scheduled in section 4
of this report is a detailed description of the attempt to undertake good faith consultations with a
broad objective of achieving consent of the community prior to the beginning of the project and
continuous throughout the life of the project.

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5.0. CULTURALLY APPROPRIATE MITIGATION MEASURES

5.1. Process to achieve culturally appropriate indigenous Maasai impacts in Kipeto

a) The process included identification of the project impacts on the indigenous Maasai
community collective cultural resources, natural resources and distinct language rights,
events and activities which may be affected and informed consultation on the mitigation
measures proposed through the ESIA process.

b) Participation that was led by and involved Maasai indigenous people’s representative
bodies and organizations (the Council of Elders in the case for Maasai of Kipeto project
area) as well as members of the affected communities. Most general meetings did not
specify between land owners who have signed land leases and those landowners who
have not. The EIA stakeholder meetings were open to the general public (through letter
notices sent through school children) although in some instances interest to attend
meetings was high only among those who have signed leases. The community structure
within or around the project area does not have any rented houses.

c) It provided sufficient time for the indigenous maasai’s internal decision-making

processes to work through and debate information. Larger polygamous households were
given more time as opposed to smaller monogamous households. There are not collective
socio-political structures in the Kipeto area. The community decisions were collective
through mainly the elders of the most senior age groups. The household decisions were
collective based on the household members’ composition.

d) Information about impacts was disclosed at all times to interested parties in local
language and in a step by step understanding of the process. Land owners were given
access to legal advice before agreeing to sign a land lease to the project, to agree to a
location of a turbine, road, or any project facility through their land, the right to negotiate
location, right to relocate with compensation, right to negotiate compensation that
enables voluntary relocation and right to change mind.

e) This Indigenous People’s Plan satisfies, protects and manages the interests of indigenous
maasai peoples as derived from continuous informed consultations and participation as
considered by the IFC social performance standards.

f) The identification of needs and interests and planning for the protection of indigenous
Maasai people’s interests going forward, as the directly affected community was done
together with the community members. Leaders of various levels were engaged on
protection of their interests as a distinct community.

g) Development programs and impact mitigation decision making by the indigenous

maasai’s for the Kipeto project is an ongoing and iterative process. They are at the
process of debating the different projects that would of interest to improve their

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livelihoods. The community leaders have identified the following key areas of interest
some of which have been integrated into the roles of the community trust:

- Create employment and sub-contracting opportunities.

- Health care
- Education facilities and opportunities
- Vocational, business, and cultural training
- Community infrastructure including roads, electricity in their homes,
and roads
- Environmental protections
- Promotion of Maasai cultural and indigenous interests.
The Community Trust introduces two other contexts that have generated interest in the
community: a) Sustainable Development; b) Community Management and Capacity
Building

Sustainable Development: the Trust will be structured in a manner that benefits all
sections of the households. Differences by gender and age have been protected in the
delivery of the benefits to the community through legal structure of the Trust and
commitments in budget for special interest groups.

Cultural and Natural Resource Management will be equally be integrated into the
responsibilities in the trust and budgeted for to ensure the future of the land and its
natural appearance are protected in the long term and for the benefit of the community
future generations.

Community Management Skills provided through resources and the need for capacity
building to take over the responsibilities arising from the project and the trust where
possible and therefore the Maasai livelihoods is facilitated within the resource and object
structure of the Community Trust.

The training opportunities and the opportunities for transfer of wind energy knowledge to the
community will assist in sustaining the indigenous nature of the community.

5.2. Community Based Natural Resource Management Component

The Community Trust is established within Kenyan law to provide the indigenous community
with a community based indigenous resource management facility among other areas. The
Community Trust will be managed by the Trustees some of whom will be local land owners
affected or participating in the project in one way or the other. The Community Trust has the
following objectives for the indigenous Maasai community in Kipeto:

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I. Objectives of the Trust

These are continuous further engagement of the wider community to ensure the objectives
benefit the wider community. A project website will provide detailed information on the project.
While other reports and news will be provided through the county media, county submitted
reports, flyers etc. The broad areas of support, subject to full consultation and engagement, will
be:-

I.1. Preservation of the Masaai culture and language for the specific betterment of the Masaai
community
I.2. Development of infrastructure within the project area to benefit the indigenous Maasai
community ;
I.3. Promote and sustain formal education (including schools and other facilities);
I.4. Promote and sustain adult education and awareness into economic matters, including financial
and legal services to understand the implications of the increased resources in the community;
I.5. Promote health services (including clinics and other facilities) focusing on community based
healthcare, primary health care, education and prevention on sexually transmitted diseases
including HIV/Aids, education and awareness to avoid substance abuse and general
management of good hygiene and good health;
I.6. Natural resource management including provision and preservation of water;
I.7. Ensure that there is equality in representation of all focus groups to include women/widow,
orphaned children and youth groups to ensure their interests are protected;
I.8. Generally ensure equitable distribution, management and use of wealth to ensure no one section
of the community are disadvantaged in deployment of resources that are available to the Trust
I.9. A central team or teams to be appointed from the various groups of the Community to ensure
their interests are added to the formal establishment of the Trust.

5.3. Measures to Enhance Opportunities

IMPACT ITEM OPPORTUNITY ENHANCEMENT MEASURE

Land Compensation provided at 70% of market value for
Transmission line which is above normal 30% of market value
provided by the transmission line government agency
KETRACO.

Subject to signed leases land owners who have turbine allocated

will have a lease amount paid annually for the land in which the
turbine stands and the access roads pass.
Access roads The project will see the improvement of local road network both
around and within the project area. This will significantly
improve accessibility of the area (a major challenge during the
rainy season)
Local employment There are employment opportunities for skilled and unskilled
labour for community members willing to and who access
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Indigenous People’s Plan Kipeto Wind Energy

IMPACT ITEM OPPORTUNITY ENHANCEMENT MEASURE

limited employment opportunities available
Local Tender The local indigenous Maasai youths will be provided with
opportunities opportunities for supply of materials and small construction
subcontracts as a way to enhance their economic participation.
Training for the Training of new skills to locals who will participate in various
local indigenous project activities to transfer and improve skills to the indigenous
people working Maasai community
with the company
Information and The communication and information provided through out the
communication consultation process is done in accessible formats mostly local
Maasai language using translators and the national language.

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Indigenous People’s Plan Kipeto Wind Energy

5.4. Grievance Mechanism

The community and the proponent agreed and are in the process of developing and implementing a
grievance mechanism for the purpose of managing any of the issues that may arise as a result of the
project. Different risks related to various phases of the project were identified and the suitability of the
grievance mechanism defined within the legal and indigenous frameworks available within the
community and the wider administrative structures.

The grievance mechanism designed based on “open meetings approach” for discussion of issues in a
language easily understandable and deliberation of solutions that target common risks and safety. This is
to ensure openness and “fairness of process” which is an important attribute required by the IFC
performance standards.

Affected party declares

a grievance and is
recorded
Grievance resolved STOP

A selected committee of
elders’ landowners hears
and rules. It has 2 weeks
to respond.
Grievance Resolved
STOP

A committee that
includes Company
investigates and respond
Grievance
within goes to
2 weeks.
Grievance Resolved STOP
company
Grievance Resolved STOP
management, Must
respond within 2
weeks

Legal Action

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