1. Climate Mitigation in the Maritime Shipping Industry 19TH TO 20TH JUNE 2017, SAROVA WHITE SANDS HOTEL, MOMBSA
Dr Pacifica F. Achieng Ogola
Director Climate Change Programmes Coordination
Ministry of Environment and Natural Resources
Kenya .

2. PRESENTATION OUTLINE
1. CONSTITUTION OF KENYA VISION INTERNATIONAL OBLIGATIONS LINKED TO MITIGATION 4. NATIONAL LEGAL FRAMEWORK 5. CLIMATE CHANGE PLANS AND POLICY 6. CONCLUSION AND RECOMMENDATIONS

3. 1. CONSTITUTION OF KENYA 2010
Recognizes the environment as a heritage for all Kenyans that must be sustained for future generations i.e., sustainable exploitation of natural resources
Requires that all existing policies, laws and other instruments be aligned to it.
Defines the vision and principles necessary to steer the country’s environmental and climate change agenda;
Specifies the obligations of different stakeholders in respect to the environment.
H.E. former President on promulgation of the Constitution of Kenya 2010.

4. CONSTITUTION OF KENYA 2010
Constitution of Kenya mentioned in the Climate Change Act, 2016
Article 10: National values and principles of governance
Article 35: Rights to access information
Article 42: Every person has a right to a clean and healthy environment;
Article 69: Obligation of the state in respect to the environment
Article 70: Environment and Land court
Article 232: Values and principles of public service
Article: 260: Definition of marginalized community
Article 48: Right to access to justice – Section 23
Article 50: Rights to a fair hearing
Article 118: Role of parliament in facilitating public participation
Chapter 6: Leadership and Integrity
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5. 2. VISION 2030
Vision 2030 aims to transform Kenya into “a newly industrialising, middle-income country providing a high quality of life to all its citizens in a clean and secure environment.”
A low carbon climate resilient development pathway, as set out in the National Climate Change Action Plan (NCCAP) and the Climate Change Act, can help Kenya meet its Vision 2030.
Climate change is a fundamental threat to sustainable development
Kenya’s contribution to global emission is less than 0.10%.
Vision 2030 projects 10% economic growth and that 3% of that growth will be affected by climate change, hence limiting a double digit growth.
Sound air quality management system with clear mechanisms for monitoring the level of environmental degradation captured in V2030 and MTPI.

6. 3. INTERNATIONAL OBLIGATIONS LINKED TO MITIGATION
AGENDA 2030
Kenya is also guided by the 2015 SDG’s
SGD 13 and 14 (climate change and Oceans – Blue Economy)
UNITED NATIONS CONVENTION ON LAW OF THE SEA (UNCLOS)
Part XII- Protection and preservation of marine environment
MARPOL CONVENTION
Oil - Annex I
Noxious Liquid Substances and Dangerous Chemicals - Annex II
Marine pollutants in packaged form - Annex III
Sewage - Annex IV
Garbage -Annex V
Air Pollution - Annex VI
Anti-fouling systems
Ballast water
UNFCCC - PARIS AGREEMENT
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7. Paris Agreement
12 December 2015, 197 parties to the Convention have agreed the first global international climate change agreement;
147 out of 197 parties have ratified;
On 5 October 2016, the threshold for entry into force of the Paris Agreement was achieved;
Entered into force on 4th of November 2016 a month after meeting the threshold 55 Parties to the Convention accounting in total for at least an estimated 55 % of the total global greenhouse gas emissions have deposited their instruments of ratification;
Considered an international treaty under the Vienna Convention;
Employs a “hybrid legal structure,” with both legally binding and nonbinding components;
Employs a top-down, rules-based system and a bottom- up system of pledge and review.
4 November 2016, thirty days after the date on which at least 55 Parties to the Convention accounting in total for at least an estimated 55 % of the total global greenhouse gas emissions have deposited their instruments of ratification, acceptance, approval or accession with the Depositary.

8. Paris Agreement – long term global goal
The Agreement also adopts an ambitious emission reduction pathway consistent with holding the increase in the global average temperature to well below 2 °C and while working towards 1.5 °C above preindustrial levels.
Source: M. Meinshausen, Australian-German Climate & Energy College, The University of Melbourne, climatecollege.unimelb.edu.au

9. Paris Agreement – long term global goal
Articles 3 and 4 of the Paris Agreement require that all Parties undertake and communicate ambitious effort through their Intended Nationally Determined Contributions (I)NDC and acknowledges the need for early peaking of emissions.
Article 7 focuses on enhancing adaptation efforts;
BAU scenarios project an increase by 50% to 250% in the period to 2050 (3rd GHG IMO Study)
Countries first submitted NDCs in 2015 and continue…
UNFCCC did a synthesis report
Source: M. Meinshausen, Australian-German Climate & Energy College, The University of Melbourne, climatecollege.unimelb.edu.au

10. Nationally Determined Contribution (NDC)
Kenya signed the Paris Agreement on the 22nd of April 2016
Ratification - Cabinet on 13 October 2016 approval.
Approval by the National Assembly
Ratification on 28th December 2016.
Came into effect on 27 January 2017
Legally binding Kenya to implement the NDC
NDC sector analysis done in 2016
Kenya NDC

11. (Source: National Climate Change Action Plan 2013-2017)
Kenya (I)NDC target
Kenya took a target of 30% abatement by 2030
From 6 sectors namely; energy, transport, industry, wastes, agriculture, forestry (carbon sinks) and adaptation actions in several sectors
Kenya’s projected emissions for 2030 are 143 MtCO2e/year.
Technical emission reduction potential is 60%.
The INDC/NDC mitigation target takes a conservative approach of half the potential which is equivalent to 43 MtCO2e /year hence the 30% abatement target.
Maritime and Aviation not covered in the analysis
Still evolving under IMO and ICAO but should be covered in the next NCCAP
Composite abatement potential for all sectors for Kenya (technical potential) in MtCO2e
(Source: National Climate Change Action Plan )

12. 4. NATIONAL LEGAL FRAMEWORK
Environment Management and Coordination Act
Air Quality Regulations 2014
Emissions from mobile sources focuses on regulations and standards for vehicular emissions;
Energy (Energy Management) Regulations, 2012
Regulations shall apply to the owner or occupier of industrial, commercial and institutional facilities using any form of energy
Facilities consuming more MJ of energy
Requirements of Licenced Energy Auditors/firms
Regulatory timelines and returns
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13. NATIONAL LEGAL FRAMEWORK, CONT…
Merchants Shipping Act (subsidiary legislation)
Merchant Shipping (Fees) Regulations – revoked by L.N. 192/2011
Merchant Shipping (Application of Safety Convention, 1974) Order, 2004
Merchant Shipping (Maritime Service Providers) Regulations, 2011
Merchant Shipping (Fees) Regulations, 2011
Merchant Shipping (Port State Control) Regulations, 2011
Merchant Shipping (Licensing of Vessels) Regulations, 2012
Do you need a stand alone legislation for Article VI of MARPOL or can the requirements be integrated into the existing subsidiary legislations? OR
Should these be captured under Air Quality Regulations?
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14. 5. CLIMATE CHANGE PLANS & POLICY
National Climate Change Response Strategy, 2010
First national policy document to acknowledge the reality of climate change
National Climate Change Action Plan,
Takes forward the implementation of the NCCRS
Identifies priority actions for Kenya to address climate change.
Informs national and county development and policy decisions in all sectors o the economy
National Climate Change Action Plan,
Biennial review
5 year review and update of NCCAP
All public bodies in climate change governance and administration shall be bound by the Content of the NCCAP
Gazette notice to notify the public on approval of the Action Plan by the Council;
Climate Change Framework Policy
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15. Climate Finance Framework
Climate Finance Policy: goals is to enhance mobilisation of climate finance
Public Private Partnership Act – creating enabling environment for joint investments, including climate change;
National Treasury Unit – will track climate finance flows.
Green Climate Fund (GCF) Secretariat
Established in National Treasury with support of GCF Readiness Fund and World Bank
Developing a strategic framework for interaction with the GCF and formulating a pipeline of programmes and project proposals.
Traditional funds – multilateral and bilateral loans and grants
Climate change donor coordination group
National Sources
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16. 5. CLIMATE CHANGE ACT 2016
Signed into law by the President on 6 May 2016
Came into force on the 27 May 2016
Act of Parliament that provides a regulatory framework for an enhanced response to climate change;
Part of implementation of the requirements of the National Climate Change Action Plan ;
Objective and purpose of the Act
Enhance climate change resilience and low carbon development for sustainable development.

17. How it promotes implementation of Climate Change;
Applied in all sectors of the economy;
Promotes formulation of programmes, plans and strategies to enhance resilience and adaptive capacity;
Promotes mainstreaming of climate change disaster risk reduction;
Promotes mainstreaming of intergenerational and gender equity in all aspects of climate change responses;
Has a provision for incentives to promote low carbon development;
Promotes low carbon technologies to improve efficiency and reduce intensity;
Provisions for capacity building, awareness creation and public consultation framework;
Provides mechanism for climate change research;
Regulations will be developed to guide implementation and compliance;
Public consultation and disclosure.

18. Policy Coordination and Oversight
Establishes the Climate Change Council
National Climate Change Council members – Sec 7:
Chaired by H.E. the President or his Deputy
Cabinet Secretary responsible for Environment and Climate Change Affairs – Secretary to the Council, supported by the Climate Change Directorate
Cabinet Secretary responsible for the National Treasury
Cabinet Secretary responsible for Economic Planning
Cabinet Secretary responsible for Energy
Chairperson, Council of Governors
Representative of the Private Sector
Representative of the Civil Society
Representative of the marginalized community
Representative of the Academia
Establishes Climate Change Directorate –Lead Agency in Climate Change
NEMA: monitoring and compliance

19. Duties relating to climate change
The Council may on recommendation of the Cabinet Secretary, and in consultation with other Cabinet Secretaries and County government, impose duties relating to climate change on any public entities at “all levels of government”
Climate change duties of public sector
Climate change duties of private entities (and entities constituted under Public Benefit Organizations Act, 2013)
A public entity on which a climate change duty has been imposed shall, successful implement CCA and the NCCAP;
The duties shall be imposed and may be varied or revoked through regulations made by the Council;
The imposition of climate change duties shall be preceded by public awareness and consultations.

20. Duties of State department and national government public entity
Establish a climate change unit with staff and adequate recourses to coordinate mainstreaming of climate change functions
Integrate NCCAP in sectoral plans and strategies
Report on sectoral greenhouse gases – in NCCAP and NDCs
Monitor and review performance of integrated climate change functions;
Put in place mechanisms for sustainability in performance of sectoral mandate;
Report annually to the Council on status and progress of performance/compliance with duties
Reporting guidelines and /or a generic templates before the regulations
Reporting must be linked to NCCAP
Council submit evaluation report of performance of climate change duties to the National Assembly within 3 months after the end of financial year;
National assembly within 6 months provides recommendation to the Council, Cabinet Secretary and Directorate, a state department or statutory public entity.
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21. GHG inventory and Domestic MRV under the Act
The Act provides for:
Establishment of a national registry for mitigation actions
Setting targets for regulations of greenhouse gases
30% by 2030 in the NDC
Sector specific targets e.g. 10% tree cover by 2030
Maritime targets?
Reviewing levels and trends of GHG through the Action Plan
Sector specific greenhouse gas inventories and reports
Regulations to guide reporting and verification of climate change actions; Part IV, Sec 15 (3), Sec 16 (2).
Sectors to regularly monitor and review their actions;
Domestic MRV framework to interface with international MRV for Article 13 of the Paris Agreement

22. Mainstreaming and public participation
Part IV Sec 20- NEMA shall integrate climate risk and vulnerability assessment into all forms of assessment in close collaboration with lead agencies;
Kenya Institute of Curriculum Development (KIDC) and Commission for University Education (CUE) to ensure mainstreaming into the climate change into various disciplines and subjects of national education curriculum at all levels;
MTPIII PLANNING PROCESS
Enforcement of rights relating to climate change:
person acting in a manner likely to adversely affect mitigation or adaptation effort can be stopped, compelled to prevent or provide compensation to the victim.
Part V- Public participation and access to information

23. 6. CONCLUSION AND RECOMMENDATIONS
Develop maritime regulations under the Merchant shipping Act
Adoption of Annex VI of MARPOL by KEBS as a standard
Air quality regulations to include, maritime. Currently focuses on emissions from motor vehicles
KEBS- developing standards for equipment used in calibration
Institutional Capacity Building and strengthening
Climate change desks
Measuring and testing
Repair, calibration and retention of equipment
Random checks
Baseline and tools for calculation of emission reductions
Technology development and transfer
Establishment of a knowledge management platform/system
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24. 8. CONCLUSION AND RECOMMENDATIONS
Enhance Monitoring to ensure proper enforcement of procedures for compliance with the standards;
Greenhouse gas emissions and reporting protocols;
Adopting market-based measures for the emissions the shipping;
Develop an national action plan/ a road map which can be integrated into the National Climate Change Action Plan ;
Roadmap to include reporting requirements under the Climate Change Act and NCCAP e.g. include the Green Port Policy and implementation plan, renewable energy plans, initiatives under Kenya Ferry Services;
Lessons learned from aviation industry e.g. basket of measures under ICAO;
Involve private sector – lessons from KAM, KEPSA.
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25. THANK YOU
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