REPUBLIC OF KENYA MINISTRY OF AGRICULTURE, LIVESTOCK, FISHIERIS AND COOPERATIVE KENYA NATIONAL CLIMATE SMART AGRICULTURE PROJECT (KCSAP) PEST MANAGEMENT PLAN (PMP) ON LOCUST CONTROL CONTIGENCY EMERGENCY RECOVERY IMPLEMENTATION PLAN (CERIP) FEBRUARY 2020 Table of Contents LIST OF TABLES ....................................................................................................................................................ii ACRONYMS AND ABBREVIATIONS ............................................................................................................... iii EXECUTIVE SUMMARY ...................................................................................................................................... v Recommended Actions ............................................................................................................................................. v 1. INTRODUCTION ...................................................................................................................................... 1 1.1 Background ........................................................................................................................................... 1 1.2 Locust invasion in the Kenya and extent of spread ............................................................................... 1 1.3 Aims and objectives of the Pest Management Plan ............................................................................... 3 1.4 Action Areas .......................................................................................................................................... 3 1.5 Activities and Expected Results ............................................................................................................ 5 2. STAKEHOLDER ENGAGEMENT ..................................................................................................................... 7 2.1 Public Complaints and Grievance Redress Mechanism ..................................................................................... 7 2.2 Public Consultation and Disclosure of the PMP ................................................................................... 7 3.1 National Policies.................................................................................................................................... 7 The Kenya Vision 2030 ............................................................................................................................................ 8 i) The Agricultural Sector Development Strategy (ASDS) ...................................................................... 8 ii) The National Agricultural Research Systems Policy (NARS) ............................................................. 8 iii) The National Agricultural Sector Extension Policy (NASEP) ............................................................. 8 iv) National Climatic Change Strategy (NCCS) ........................................................................................ 9 v) The National Productivity Policy (NPP) .............................................................................................. 9 vi) The National Food and Nutritional Security Policy (NFNSP) ............................................................. 9 3.2 Legal Framework .................................................................................................................................. 9 International policies and regulations on use of pesticides .................................................................................... 16 Institutional arrangements pest and pesticide management in Kenya .................................................................... 17 4. PEST MANAGEMENT PLAN FOR CONTROL OF DESERT LOCUST ....................................................... 20 4.1 Control Strategies and Management Approaches ............................................................................................. 20 4.2 Choosing Pesticides for Locust Campaign ....................................................................................................... 20 4.3 Integrated Pest Management Experiences ........................................................................................................ 21 4.4 Pesticides to be purchased by the crop protection unit ..................................................................................... 21 4.5 Risks Associated with Pesticide Management .................................................................................................. 22 4.7 Capacity Building ............................................................................................................................................. 29 4.8 Monitoring ........................................................................................................................................................ 29 4.8.1 Monitoring approaches: ................................................................................................................................ 30 5. REFERENCEs…………………………………………………………………………………………………..33 Annex 1: Possible Insecticides for Management of Desert Locust ..................................................................... 1 i Annex 2: List of pesticides banned in Kenya ........................................................................................................ 2 Annex 3: Grievance Handling Mechanism (GRM) ............................................................................................. 1 LIST OF TABLES Table 1: Expected results and performance indicators for the Pest Management Plan for desert locust control support under KCSAP contingency emergency responsee project........................................ …6 Table 2: Government agencies involved in pest and pesticide management and their roles ... 17 Table 3: Pesticides to be purchased by the crop protection unit .............................................. 21 Table 4: Risks associated with importation, transportation, storage, distribution and use of pesticides 22 Table 5: Target campaign personnel and topical training areas .............................................. 24 Table 6: Institutional arrangement for Desert Control and Implementing the PMP................ 28 LIST OF FIGURES Figure 1: Map showing locust swarms and movement in Kenya…………………………………….2 ii ACRONYMS AND ABBREVIATIONS AAK Agrochemical Association of Kenya CDD Community- Driven Development CERPs Contingency Emergency Response Project CIG Common Interest Group CPCU County Project Coordinating Unit CRA Community Resource Assessment CIP Community Integrated Action Plan CPCU County Project Coordinating Unit CSA Climate Smart Agriculture DOSHS Directorate of Occupational Safety and Health Services EA Environmental Audit EIA Environmental Impact Assessment EMCA Environment Management Coordination Act EPZA Export Processing Zones Authority ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan EWS Early Warning Systems FAO Food Agricultural Organization GIS Geographic Information System GOK National Government GPS Geographic Positioning System HCDA Horticultural Crops Development Authority ICIPE International Centre of Insect Physiology and Ecology IITA International Institute of Tropical Agriculture IPM Integrated Pest Management IPMF Integrated Pest Management Framework ISPM International Standards for Phytosanitary Measures ITK Indigenous Technical Knowledge KCSAP Kenya Climate Smart Agriculture Project KALRO Kenya Agricultural Research and Livestock Organization KCSAP Kenya Climate Smart Agriculture Project KEBS Kenya Bureau of Standards KEFRI Kenya Forestry Research Institute KEMRI Kenya Medical Research Institute KEPHIS Kenya Plant Health Inspectorate Service KESREF Kenya Sugar Research Foundation KFS Kenya Forest Service KSC Kenya Seed Company KWS Kenya Wildlife Service MMP Mitigation Management Plan M&E Monitoring and Evaluation PMIS Project Management Information System iii PAP Project Affected People MOALF Ministry of Agriculture, Livestock and Fisheries NCPB National Cereals Produce Board NEMA National Environment Management Authority NGO Non-Governmental Organization NIB National Irrigation Board NPCU National Project Coordinating Unit NPCU National Project Coordinating Unit NRM Natural Resources Management ODS Ozone Depleting Substances OF Oil Formulation OP Operational Policy PAD Project Appraisal Document PAP Project Affected People PBK Pyrethrum Board of Kenya PIC Public Information Centre SDG Sustainable Development Goals SA Social Assessment ToT Training of Trainers ULV Ultra Low Volume WB World Bank iv EXECUTIVE SUMMARY This document serves as the Pest Management Plan (PMP) to guide locust control under the Contingency Emergency Response (CER) component of the Project, which is part of the Kenya Climate Smart Agriculture Project (KCSAP) funded by the World Bank. The Government of Kenya has activated the CER component given the locust infestation in the Country. The PMP has been prepared due to: (i) the project will finance procurement of potentially hazardous pest control products; (ii) the proposed financing of the locust control pesticides represents large component of the support requested by GoK under the CER; and there are potential concerns on the impacts of the pesticides on the environment and human health. This will be done by implementing the CSA interventions and Integrated Pest Management (IPM) through servicemen from the Kenya National Youth Service (NYS). The Food and Agriculture Organization of the United Nations (FAO) has already partnered with Government of Kenya and is providing technical support in managing and coordinating the efforts to manage the locust infestation emergency in the Country. FAO and the Ministry of Africa have so far trained 500 servicemen from the NYS on spraying of the pesticides and deployed the same to support aerial spraying in the affected counties. Under this project, these servicemen and additional ones with be further trained on safe application of locust spraying and deployed to the field. The service will be sensitized on this PMP and further trained on safety measures in use of pesticides. This PMP articulates the approaches the GoK through the Ministry of Agriculture, Livestock, Fisheries and Blue Economy and partners like FAO will follow towards the control of the locust infestation in the Country. Key actions to be taken: Recommended Actions 1. Building the capacity of technical departments and partners to manage the locust infestation. 2. Staffing of 6 ground stations (bases) in Lodwar (Turkana County), Marsabit, Wajir, Isiolo, Garissa and Masinga by deploying of base managers and support personnel to man the ground stations, deployment of National Youth Service (NYS) service personnel to the ground bases. 3. Conducting assessments on the impact, extent of loss and affected pastoralists and farmers and developing mechanisms for livelihood restorations and support systems. 4. Conducting an ESIA on impact of chemical pesticide use during the control period. The National Environment Management Authority (NEMA) in collaboration with ESS team will guide in this process. 5. Strengthening county and national institutional capacity to carry out surveillance, monitoring and control of desert locust. 6. Building capacities at various implementation levels to restore and increase agricultural productivity. 7. Introduce and promote the use of Bio-pesticides as alternative control. FAO, ICIPE and KALRO A budget of KES 100,380,000 has been set aside for implementation if this PMP. This excludes the cost of logistics hire, procurement of various equipment, livelihood restoration/ compensation and infrastructure related works. v 1. INTRODUCTION 1.1 Background This Pest Management Plan is prepared to address use of chemicals to control locust invasion under the Contingency Emergency Response Project (CERP). CERP is part of a larger Bank Bank-funded project – the Kenya Climate Smart Agriculture Project (KCSAP). KCSAP’s development objective is to increase agricultural productivity and build resilience to climate change risks in the targeted smallholder farming and pastoral communities in Kenya, and in the event of an eligible crisis or emergency, to provide immediate and effective response. It should be noted this Contingency Emergency Response (CER) has been triggered because it is considered an eligible emergency under KCSAP. KCSAP primarily focus on supporting interventions aimed at increasing productivity and building resilience to climate change, with reduction of GHG emissions as a potential co- benefit, where possible and appropriate. This is done through: (a) promoting sustainable, community driven rangeland management and improved access to quality livestock services in ASALs (i.e. in pastoral/extensive livestock production systems); (b) improving water/soil management, especially within smallholder maize systems in the marginal rainfall zones (i.e. in smallholder mixed crop-livestock, crop-livestock-tree production (Agro-silvo-pastoral systems), and crop-forest production (agroforestry); (c) Supporting the generation and dissemination of improved agricultural technologies, innovations, and management practices (TIMPs), building a sustainable seed system; and (d) Enhancing access to quality climate/agro-weather, advisory services, and market information among farmers/herders for improved decision making. KCSAP is being implemented in 24 counties across Kenya including arid and semi-arid (ASAL) and non-arid countries. The arid counties are Marsabit, Isiolo, Tana River, Garissa, Wajir and Mandera, while the semi-arid ones are West Pokot, Baringo, Laikipia, Nyeri, Tharaka Nithi, Lamu, Taita Taveta, Machakos and Kajiado. Non-ASAL counties include Busia, Siaya, Nyandarua, Bomet, Kericho, Kakamega, Uasin Gishu, Elgeyo Marakwet and Kisumu). It should further be noted that desert locusts (see below) have infested virtually all the arid and semi-arid counties (ASALs) and some non-ASAL counties (GoK, 2020); This desert locust invasion has necessitated the triggering of the emergency component of KCSAP. 1.2 Locust invasion in the Kenya and extent of spread The first Desert Locust swarms started crossing the border into the north eastern region from Ethiopia and Somalia on 28 December 2019. The swarms spread rapidly and have so far been confirmed in some parts of 18 Counties, namely: Mandera, Wajir, Marsabit, Garissa, Samburu, Isiolo, Laikipia, Meru, Baringo, Kitui, Tana River, Tharaka Nithi, Embu, Machakos, Turkana, Kajiado, Kirinyaga and Murang’a. The counties mostly affected by the desert locust invasion are Mandera, Wajir, Marsabit, Garissa, Isiolo, Samburu and Baringo with over 173,000 acres estimated to have been affected depicted in 1 figure 1 (FAO, 2020). While joint assessments by the national and county government officials jointly with FAO’s experts are still on going, damages to crop and pasture are already being reported across the different counties. It is noteworthy that crop and fodder losses in affected areas can be enormous, sometimes up to 100%. The outbreak can thus have devastating consequences for food security in an already highly vulnerable ASAL region and further extend to other neighbouring countries. A study by the FAO (FAO, 2020): indicated that over 3.1 million people in Kenya had been affected as at January 2020 (IPC Phase 3 and above). Further, food security projections indicate a continuation of Stressed or Crisis outcomes through May 2020. In many areas, the locusts have matured and laid eggs that have started hatching into hoppers. While monitoring and control of the invading swarms continue, there is need to focus the control strategy on the new generation of hoppers to ensure they do not develop into a new wave of immature adult swarms. There is also need to save and restore the livelihoods of farmers and livestock holders, post the control, which will be done by normal activities under the micro-projects in the target counties. Figure 1: Map showing locust swarms and movement in Kenya (Source FAO Locust Watch 17TH FEBRUARY 20200. 2 1.3 Aims and objectives of the Pest Management Plan As already mentioned, the emergence of the locust invasion has necessitated activation of the Contingency Emergency Response component of KCSAP, following a request by Government of Kenya (GOK). Under KCSAP, an Environmental and Social Management Framework was prepared and disclosed. Further, as the project envisaged use of chemical in some of the project components and activities, the project triggered OP/BP 4.09 and an Integrated Pest Management Framework (IPMF) was prepared as part of the ESMF (GoK, 2016a) to guide in the screening of sub-projects for potential negative impacts related to pesticide application and to guide in the preparation of the PMP. The aim this Pest Management Plan (IPMP) is to enable stakeholders involved in the Desert Locust control to monitor and mitigate negative environmental and social impacts associated with use of pesticides. The specific objectives of PMP are: a) Establish clear procedures and methodologies for Pest Management planning, design, and implementation of activities to be financed under the Project b) Develop a monitoring and evaluation systems for the locust management practices for various agro-ecosystems c) Assess the potential economic, environmental and social impacts of the pest management activities d) Mitigate against negative impacts of crop protection measures e) Identify capacity needs and technical assistance for successful implementation of the PMP f) Propose a budget required to implement the PMP 1.4 Action Areas A rapid needs assessment was carried out by Multi-Institutional Technical Teams (MITT) at both at county and national levels to determine the level of locust invasion. The MITT together with partners assessed and prioritized response activities. In consultation with desert Locust experts from FAO and other critical stakeholders the Government of Kenya has requested support for the following key activities to ensure effective control of the desert locust: i. Staffing of 6 ground stations (bases) in Lodwar (Turkana County), Marsabit, Wajir, Isiolo, Garissa and Masinga by: a. Deployment of base managers and support personnel to man the ground stations b. Deployment of National Youth Service (NYS) service personnel to the ground bases ii. Equipping the Ground Stations a. Spray aircrafts b. Surveillance aircrafts c. Spray vehicles d. Vehicle mounted sprayers 3 e. Motorized knapsack/backpack sprayers f. Handheld sprayers g. Personal Protective Equipment (PPEs) h. Camping tents i. VHF radios j. GPS kits iii. Procurement and distributing of synthetic and bio-pesticides to the base stations iv. Capacity building of ground station personnel, county agricultural teams and NYS service personnel on their roles in the management of the desert locust v. Impact assessment and plan for livelihood protection and recovery vi. Support the National Desert Locust Control Coordination Committee operations In the short term the following activities are under implementation ✓ With the invasion of the Desert Locust from 28th December 2019, the ministry together with other stakeholders has so far deployed 5 spray aircrafts and 4 surveillance aircrafts stationed in Isiolo, Wajir, Kabarnet and Masinga bases. ✓ Ground control equipment including ordinary Knapsack sprayers, vehicle Knapsack sprayers, GPRS tools and PPEs among others have also been deployed to the control basses. ✓ Trainings have been conducted to 240 County officers and 500 NYS servicemen to help in the control operation. In the medium term the government also aims to: i) Strengthen the locust control advisory committee/task force and promote IPM strategies in control of migratory pests. ii) The advisory committee in consultation with stakeholders to: a) Setup a professional team to undertake an assessment on the estimated impact and number of affected farmers and pastoralists. b) Mainstream IPM in the control of migratory pests. iii) Incorporate response mechanisms and procedures on reports coming from early warning systems. iv) In collaboration with KCSAP develop M and E tools for the contingency emerging response intervention. v) Identify committed CGs and SDCs technical personnel; Farmer led facilitators NGOs and other private/public sector extension agents as TOTs. Whereby CSA and IPM techniques to form part of the training content. vi) Establish working groups at various levels community (ward level), county level, and National level to facilitate sensitization, trainings, campaigns, monitoring, learning and evaluation reports. vii) In collaboration with other institutions such as ICIPE, KALRO, PCPB, Bio safety authority Agricultural universities, farmers, groups and other organizations, SDC, CTD, Agricultural NGOs and development partners to introduce, and promote use of 4 natural enemies and Bio-pesticides, as environmentally friendly and sustainable approach as a preventive measure. viii) Develop linkages and collaboration networks with other global tropical bodies advancing similar agenda, for example; Asia (south west Asia commission of locust control) and Australia. 1.5 Activities and Expected Results The control strategy should shift from reactive and curative to proactive and preventive. Where such proactive and preventive measures have been applied successfully, it has saved crops, protected livelihoods, reduced the volume of pesticide and its impact on the environment, and avoided the need to spend huge sums of money. However, successful preventive control relies on a sufficiently strong national capacity to undertake surveillance that contribute to reliable early warning and then to carry out effective control operations. This capacity must be maintained on a continual basis long term, even when the locust situation is calm and there is no imminent threat. Implementation of this PMP will contribute to building such a capacity in Kenya. Table 1 below summarizes the expected outcomes of implementing this PMP 5 Table 1: Expected results and performance indicators for the Pest Management Plan for desert locust control support under KCSAP contingency emergency response project Narrative Summary Expected Result Performance Assumptions/Risks Indicators Goal: Prevent and Crop damage and Evidence of food National security minimize economic losses reduces, and availability. remains stable. damage, crop and food shortage Disaster vegetation losses due to prevented. prevented, food locusts’ infestation. Locust populations security enhanced reduced below their and poverty economic threshold reduced. levels. Environmental degradation minimized and locust invasion controlled. Purposes Short Term and Medium-Term results In the short-term halt Farmers prioritize their Institutional and Government and reverse losses pest problems and human resources policies continue caused by locust to identify IPM strengthened in to support climate restore and increase opportunities to locust control. smart Agriculture pasture and crop mitigate negative Perception of state project. production environmental and agencies on the social impacts value of IPM in associated with use of Kenyan pesticides. agriculture positively affected. Level of compliance with World Bank safeguards policy improved. 6 2. STAKEHOLDER ENGAGEMENT The PMP is anchored on the KCSAP ESMF OP 4.01 underpinning the IPMF OP 4.09 that is presented as part of KCSAP ESMF though a standalone section. Therefore, the operation principle rides on previous KCSAP stakeholder engagements. As this is an emergency, consultations on the PMP will be conducted in the coming days, beginning with in-house consultation with national and county government agencies; followed by broader national- level multi-stakeholder consultations; and county-level level consultations with local NGOs, communities and county government agencies. 2.1 Public Complaints and Grievance Redress Mechanism KCSAP Team has developed a grievance handling mechanism, which is to be applied for all activities, and which will be used for this CERP as well. KCSAP will conduct separate sessions at each affected county to inform the affected communities about the desert locust control, expected impacts of the proposed chemical and safety measures to be observed, and to solicit inputs from the stakeholders. During the implementation of CERPs counties will maintain a complaint record database to enable complaint tracking and review and establish a complaint handling committee and involve county grievance handling committees in grievance handling processes. The grievance handling procedures are depicted in annex 1. 2.2 Public Consultation and Disclosure of the PMP As already mentioned, the project will conduct a national stakeholders’ public consultation on the use of pesticides to control the locusts. Stakeholders to be invited to this national consultation representatives of target counties, representatives from national government, development partners (FAO), and non-state actors and NGOs. Additionally, consultations will be conducted in a sample of the target counties. This will bring together representatives of respective county governments, local communities and their leaders, and local CBOs. After the national and national stakeholders’ consultations, the issues raised will be integrated in the PMP, the PMP will be disclosed at the website of the Ministry of Agriculture, and a link shared with the Bank for disclosure on the Bank’s info shop. Additionally, the PMP will be published in at least two dailies with wider national coverage and through local FM radios. 3. POLICY AND LEGAL FRAMEWORK FOR PEST AND PESTICIDE MANAGEMENT IN KENYA This section discusses and summarizes, the provisions of key policy and legal framework government pest management in Kenya in general and use of pesticides in particular, and indicate how this PMP meets those requirements The section also discusses other international policies/ regulations on use of pesticides as well as WB OP/BP on pest management and its key requirements, noting that the development of this PMP responds to those requirements 3.1 National Policies Several policies that have been developed in the country have impact on crop production and IPM implementation. Some of these policies are 7 The Kenya Vision 2030 The Sessional Paper Number 10 of 2012 on the Kenya Vision 2030 under the economic pillar identifies specific interventions which in the agricultural sector include increasing productivity of crops and livestock, introducing land use polices for better utilization of high and medium potential lands, developing more irrigable areas in arid and semi-arid lands for both crops and livestock, and improving market access for smallholders through better post- harvest and supply chain management. It also prioritizes flagship projects in the sector, specifically: enactment of the consolidated agricultural reform bill, fertilizer cost-reduction investment, disease-free zones, land registry, land-use master plan and arid and semi-arid lands development project. The Policy refers to climatic change and directs responses. The Policy under the social pillar, with respect to environmental management proposes to intensify conservation of natural resources, such as establishing voluntary carbon markets, intensify research on impact of and response to climatic change and pilot adaptation programmes. i) The Agricultural Sector Development Strategy (ASDS) The Agricultural Sector Development Strategy (ASDS) 2010-2020 sets out to implement the Kenya Vision 2030 in the agricultural sector. It identifies two strategic thrusts for its vision of a food-secure and prosperous nation, i.e. increasing productivity, commercialization and competitiveness of agricultural commodities and enterprises and developing and managing the key factors of production. It commits government to implement “National Climate Change Response Strategy” which would include mainstreaming of tradition early warning and mitigation systems, identification of priorities for climate adaptation and mitigation with specific measures for vulnerable groups, awareness creation, conducting of periodic climate change threat and risk assessments and their mitigation as well as research and development in the area. ii) The National Agricultural Research Systems Policy (NARS) This policy provides the foundation for research in the agricultural sector. It aims at achieving reforms in the Kenyan agricultural research systems to support the development of an innovative, commercially oriented, and modern agricultural sector. The Policy aims at achieving objectives that include problem-solving and impact driven research agenda, fast- tracking national adoption of available technologies and knowledge and enhancing capacity to access and adopt knowledge and appropriate technologies available world-wide. It directs re-focusing of research to solve problems, the harnessing of indigenous knowledge while upholding professional ethics and the adoption of innovative methods of knowledge transfer. iii) The National Agricultural Sector Extension Policy (NASEP) This policy implements the ASDS on matters of agricultural extension services. It directs extension service providers to apply sustainable, dynamic, innovative and effective extension approaches and methods, especially those promoting demand-driven and beneficiary led approaches in the selection of technologies and extension messages. It promotes decentralization of extension by using clientele groups (e.g. common interest groups, smallholder associations and primary cooperatives) and general public outreach for cost- 8 effectiveness, taking into consideration the importance of indigenous knowledge and technologies. iv) National Climatic Change Strategy (NCCS) The Strategy sets out to reduce the vulnerability to impacts of climatic change and to catalyse transition to cleaner, lower emission and less carbon-intensive development in the country. Government commits in the Strategy to enhance climatic resilience and adaptive capacity and put in place mechanisms for sustainable utilization of natural resources. The Strategy directs integration of climate change risk and vulnerability assessment in the Environment Impact Assessment and the Strategic Environment Assessment. It lays the blame for emissions of green-house gases largely to agriculture, more so livestock, and in land-use change and suggests deterrent taxation and friendly regulatory environments for low carbon-pollutant activities. v) The National Productivity Policy (NPP) The Sessional Paper Number 3 of 2013 on the National Productivity Policy responds to low productivity and directs corrective measures. The Policy aims to achieve accelerated economic growth through high investment and productivity growth, being the incremental growth of 5% per year up from current less than 1%. It also aims at increased productivity awareness and consciousness level in the country from the current level of about 1 percent to 60 percent of the population. It proposes training programmes outside the formal education system for skills transfer to the labour force. It will also support technological change and innovation. vi) The National Food and Nutritional Security Policy (NFNSP) The Sessional Paper Number 1 of 2012 on the National Food and Nutritional Security Policy aims at achieving safe food in sufficient quantity and quality to satisfy the nutritional needs for optimal Agricultural Policies & Legislation: The Policy directs the promotion of sustainable food production systems with particular attention to increasing soil fertility, agro- biodiversity, organic methods and proper range and livestock management practices. The Policy also directs that different approaches to food production are adopted based on the agro-ecological diversity which should include promoting irrigation. 3.2 Legal Framework i) The Kenya Constitution, 2010 (Constitution of Kenya 2010) The Constitution, which was promulgated on the 27th of August 2010, takes supremacy over all aspects of life and activity in the Republic. With regard to environment, Section 42 of the Constitution states as follows: - Every person has the right to a clean and healthy environment, which includes the right: a) To have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated in Article 69; and b) To have obligations relating to the environment fulfilled under Article 70’ 9 In Sections 69 and 70, the Constitution has inter alia identified National Obligations in respect to the environment and Enforcement of Environmental Rights respectively as follows: - Section 69 (1): The State shall a) Ensure sustainable exploitation, utilization, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits; b) Work to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya; c) Protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities; d) Encourage public participation in the management, protection and conservation of the environment; e) Protect genetic resources and biological diversity; f) Establish systems of environmental impact assessment, environmental audit and monitoring of the environment; g) Eliminate processes and activities that are likely to endanger the environment; and h) Utilize the environment and natural resources for the benefit of the people of Kenya. Section 69 (2) States that; every person has a duty to cooperate with State organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources. Section 70 provides for enforcement of environmental rights thus: (1) If a person alleges that a right to a clean and healthy environment recognized and protected under Article 42 has been, is being or is likely to be, denied, violated, infringed or threatened, the person may apply to a court for redress in addition to any other legal remedies that are available in respect to the same matter. (2) On application under clause (1), the court may make any order, or give any directions, it considers appropriate: a) To prevent, stop or discontinue any act or omission that is harmful to the environment; b) To compel any public officer to take measures to prevent or discontinue any act or omission that is harmful to the environment; or c) To provide compensation for any victim of a violation of the right to a clean and healthy environment. (3) For the purposes of this Article, an applicant does not have to demonstrate that any person has incurred loss or suffered injury 10 There are statutes that deal with pests and diseases directly and others that are indirectly connected with pest control and management. These include: ii) Chapter 324 – Plant Protection Act This Act makes a provision for the prevention of the introduction and spread of pests destructive to plants. The most applicable parts of this Act to Integrated Pest Management are specified in Sec. 3, 4, 5, 6, 7 and 8. The act creates specific rules to support plant protection in various crops. This includes sugarcane (L.N.294/1962. Rule 3, Sch. 2), Maize and Sorghum (L.N.216/1956. Schedule (7 and 8), Sisal (L.N.522/1957, L.N.365/1964, L.N.153/1958, L.N.177/1959, L.N.558/1960) and Banana (Cap.178 (1948), Sub. Leg. L.N.365/1964). iii) Chapter 347 on Irrigation The Act makes regulations for the administration and day-to-day control of national irrigation schemes and standards of good husbandry and the control of pests and diseases in national irrigation schemes iv) Chapter 346: Pest Control Products This Act covers the use, application, importation and trade in pest products. It includes regulation on: ➢ Prescribing for the purposes of this Act the nomenclature of pests, classes and kinds of pests and pest control products; ➢ Prescribing the form in which applications for registration shall be made and the information to be furnished therewith; ➢ Respecting the registration of pest control products and establishments in which any pest control products are and led by manufacturers or dealers and prescribing the fees therefore, and respecting the procedures to be followed for the review of cases involving the refusal, suspension or cancellation of the registration of any such product or establishment; ➢ Prescribing the form, composition, and all other standards relating to the safe use of pest control products, including toxic residue effects; ➢ Respecting the manufacture or treatment of any pest control product to facilitate its recognition by change in colouration or other means; ➢ Respecting the standards for efficacy and safety of any pest control product; ➢ Respecting the manufacture, storage, distribution, display and use of any pest control product; ➢ Respecting the packaging, labelling and advertising of pest control products; 11 ➢ Respecting the taking of samples and the making of analyses for the purposes and provisions of this Act; ➢ Prescribing the information to be supplied and the form of such information in respect of any pest control product that is to be imported into Kenya; ➢ Prescribing the circumstances and conditions under which pest control products that have met the requirements of the Cattle Cleansing Act may be deemed to be registered as prescribed under this Act; v) Chapter 326 – Seeds and Plants Variety Act This Act regulates transactions in seeds, including provision ➢ For testing and certification of seeds ➢ For establishment of an index of names of plant varieties ➢ To empower the imposition of restriction on the introduction of new varieties ➢ To control the importation of seeds ➢ To authorize measures to prevent injurious cross-pollination ➢ To provide for the grant of proprietary rights to persons breeding or discovering new varieties. The act includes subsidiary legislation on seeds and plant varieties (seeds) regulations, registration of seed growers, seed certification and seed importation and exportation. vi) Chapter 343 - Tea The Act establishes the Tea Board of Kenya, charges it with various responsibilities, and gives it powers to promote the tea industry in Kenya that includes pest control and management. vii) Chapter 335 – Cotton The Act establishes The Cotton Lint and Seed marketing Board mandated to monitor cotton growing, cotton ginning, and management of cotton diseases and pests; viii) Chapter 338 - National Cereals and Produce Board This Act regulates and controls the marketing and processing of mainly maize, wheat and scheduled agricultural produce. As can be seen from these sections of the statutes, there is no central coordinating body in ensuring that all the institutions, statutes and players carry out the pest and disease control in a systematic and coordinated body as each of the legislations specifies the authorized officers to implement these laws. One of the problems that could be facing pest management strategies in Kenya seems to lie in the weak policy, institutional and legal linkages among the key players. This weakness forms one of the major gaps to be addressed in the proposed Integrated Pest Management Plan in this report and especially on the Participatory Monitoring and Evaluation Framework. 12 ix) Regulations on pesticides The Pest Control Products (Licensing of Premises) Regulations, 1984 [Section 15, L.N. 45/1984, L.N. 124/2006.] – Section 2 prohibits any person from using any premises for purposes of manufacturing, formulating, packaging and storing pest control products without a license issued under these regulations. The Pest Control Products (Registration) Regulations, 1984 [L.N. 46/1984, L.N. 109/1984, L.N. 123/2006.] – defines the process of registering pest control products. Key features of the subsidiary legislation include: ➢ Section 5 - establishes the PCPB, whose functions include assessing and evaluating pest control products, and considering applications for the registration of pest control products. The pesticide to be used is registered for use in Kenya as per this regulation. ➢ Regulation 2 - provides definitions for various pest control products including biochemical pesticide and micro- and microbial bio pesticides ➢ Regulation 4 - outlines the procedure for the registration of pest control products including bio pesticide-specific registration pathways ➢ Regulation 7 - provides for instances when the PCPB can issue or refuse to issue a certificate of registration ➢ Regulation 8 - stipulates the validity period for certificates of registration ➢ Regulation 10 - lists instances where the PCPB may refuse to register a pest control product ➢ Regulation 11 - states instances where the PCPB may suspend or revoke a certificate of registration ➢ Regulation 14 - provides that a holder of a certificate of registration is to keep a record of all the quantities of pest control products they store, manufacture or sell. This record is to be maintained for five years from the time it is made and must be made available to the PCPB at such times and in such manner as the PCPB may require. The PCPB publishes the list of pest control products registered in the country on its website. This list is published to stakeholders in the plant health sector in order to easily identify the pesticides that have been evaluated by the PCPB for safety, efficacy, quality and economic value. By accessing the PCPB website, any person can access categorised downloadable list of registered products, including those for use in crop production, animal health and public health. Contained in the list is information on trade names of products, their registration numbers, the name(s) of active ingredient(s) and their concentrations, formulation type, authorized uses including crops and target pests, the name of the registrant and the period of registration. In addition, the document contains a separate list of banned products (Annex 2). The list of pesticides registered for use in Kenya was last updated in 2017 and contains more than 300 AI. A total of 1,244 products have been registered. Of these, 1,056 have been registered for use in crops, 128 for use in public health, and 40 for use in animal health. The list of banned products was last updated in 2017. This list contains 33 products comprising insecticides, fungicides, herbicides, miticides, nematicides, rodenticides, and soil fumigants. See Annex 13 1 and 2 of these PMP for pesticides that may be used to control locust in Kenya and banned chemicals. The Government of Kenya also has Guidelines for Introduction and Use of Bio-Products, Biological Control Agents (BCAs) and Related Products, KEPHIS (KEPHIS, 2016). These guidelines contain provisions regarding the export, shipment, import and release of biological control agents and other beneficial organisms. In particular, the guidelines include the following requirements to be fulfilled by the exporter and the importer: ➢ carry out pest risk analysis of BCAs ➢ obtain, provide and assess documentation as appropriate, relevant to the export, shipment, import or release of BCAs and other beneficial organisms ➢ ensure that BCAs and other beneficial organisms are taken either directly to designated quarantine facilities or mass-rearing facilities or, if appropriate, passed on directly for release into the environment ➢ encourage monitoring of the release of BCAs or beneficial organisms in order to assess impact on target and non-target organisms The Pest Control Products (Labelling, Advertising and Packaging) Regulations, 1984 [L.N. 89/1984, L.N. 127/2006.] – address the design of pesticide packages (packaging and labelling). Regulation 3 requires all pest control products to bear a label, which has been approved by the PCPB. In addition, the regulation specifies the information required on the label. Regulation 9 provides for cases where the physical properties of a pest control product may not be recognized when it is being used. In such circumstances, the pest control product must be denatured by means of colour, odour or other methods the PCPB may approve to provide a signal or warning of its presence. Regulation 11 specifies the conditions under which a pest control product shall be distributed. Regulation 13 specifies the technical requirements for packaging (e.g., packaging material shall be sufficiently durable and manufactured to contain the pest control product safely under practical conditions of storage, display and distribution). Regulation 14 states the general prohibitions (e.g. words stating, implying or inferring that a pest control product is approved, accepted or recommended by the government shall not appear on a package or label in any advertisement respecting a pest control product). The Pharmacy and Poisons Rules govern transportation of pesticides. Rule 15 states: No person shall consign a poison for transport unless the outside of the package is labelled conspicuously with the name or description of the poison, and a notice indicating that it is to be kept separate from food and empty food containers. Further, the rules provide that no person shall knowingly transport a poison in a vehicle in which food is being transported, unless the food is carried in a part of the vehicle effectively separated from that containing the poison or is otherwise adequately protected from the risk of contamination. The Pest Control Products (Importation and Exportation) Regulations, 1984 14 [L.N. 146/1984, L.N. 125/2006.] contain provisions specifically addressing the import and export of pesticides. Regulation 2 prohibits the importation and exportation of pest control products unless licensed. Regulations 4 and 5 establishes the application process for a license in respect of importation or exportation of a pest control product and how the PCPB will deal with applications and issue of licenses respectively. Regulation 8 provides for instances where the PCPB may cancel or suspend a licence (e.g. where the licensee has been convicted of an offence/has committed a breach of any of the terms or conditions of the license). The Pharmacy and Poisons Act contains provisions addressing the sale of poisons for agriculture and horticulture. Section 28 prescribes the manner in which a person intending to trade in pesticides may apply to the Pharmacy and Poisons Board for a license to deal with pesticides. The section further prescribes instances when the Board may refuse to issue or renew or may revoke a license to trade in pesticides. Section 13 prescribes the safe custody of poisons. The section provides that no person engaged in a trade, business or profession should knowingly have in his or her possession or under his or her control a poison. Pest Control Products (Licensing of Premises) Regulations, 1984 contains further provisions addressing the handling of pesticides - Regulation 7 requires that every person operating premises dealing with pesticides must have an adequate knowledge of the chemistry, toxicology, efficacy and general use of the pest control product. Further, the regulations contain provisions identifying pesticide-related activities permissible only to operators holding a valid license. Regulation 3 prescribes the application process for the licensing of premises intended to be used for manufacturing, formulating, packaging, selling or storing pest control products. Regulation 7 requires persons intending to handle, use, distribute, transport or deal in a pest control product under restricted class to apply to the PCPB for a permit as per the prescribed Form D in the schedule. 19 Pest Control Products (Disposal) Regulations, 2006 Regulation 2 provides that those disposing pesticides for commercial purposes must be in possession of a license, and the use of any pesticide disposal method must be approved by the PCPB. Further, the Guidelines for on-farm Disposal of Pesticide Wastes and Containers, PCPB prescribe best practice when it comes to the disposal of unwanted or unused pesticide concentrates (obsolete stock). Further, Guidelines for on-farm Disposal of Pesticide Wastes and Containers, PCPB; prescribe that pesticide containers and packaging materials should never be used to contain water, food or feed stuffs for human or animal use. Additionally, while cleaning containers, the following guidelines must be noted: ➢ wear protective clothing ➢ avoid spillages and leaks ➢ completely empty containers and packages before disposing ➢ take care to avoid splashing or creating dust ➢ place cleaned containers in a dry secure compound prior to disposal ➢ At the container disposal site: ➢ Containers should be punctured after rinsing to make them unusable, and crushed to reduce bulk ➢ Combustible packaging materials should be burnt in a licensed incinerator. If not possible, containers should be made unusable, reduced in bulk and buried ➢ Integrity of containers to be buried should be destroyed ➢ Aerosols should not be punctured 15 International policies and regulations on use of pesticides i) Convention on Biological Diversity (1992) The Convention on Biological Diversity adopts a broad approach to conservation. It requires Parties to the Convention to adopt national strategies, plans and programs for the conservation of biological diversity, and to integrate the conservation and sustainable use of biological diversity into relevant sectoral and cross-sectoral plans, programs and policies. The proposed programme is expected to conserve biodiversity, especially the rare and endangered species in the project area and its environs. ii) International Plant Protection Convention of FAO (1952) The IPPC is an international treaty to secure action to prevent the spread and introduction of pests of plants and plant products, and to promote appropriate measures for their control. The Commission on Phytosanitary Measures (CPM), which adopts International Standards for Phytosanitary Measures (ISPMs), governs it. iii) United Nations Framework Convention on Climate Change (1992) The convention seeks to regulate levels of greenhouse gases (GHGs) concentration in the atmosphere, to avoid the occurrence of climate change at levels that would harm economic development, or that would impede food production activities. In essence, the locust thrives on vegetative and forage parts of plant therefore depleting carbon sinks. Abating the invasion menace, will not safe vegetation cover but allow for rejuvenation of the damaged forage. iv) World Food Security and the Plan of Action of November 1996 This declaration seeks to secure effective prevention and progressive control of plant and animal pests and diseases, including especially those, which are of trans-boundary nature, such as desert locust, where outbreaks can cause major food shortages, destabilize markets and trigger trade measures. It promotes regional collaboration in plant pests and animal disease control and the widespread development and use of safe pest management methods such as integrated pest management practices. v) World Bank Operational Policy on Pest Management, OP 4.09 The Bank uses various means to assess pest management in the country and support integrated pest management (IPM) and the safe use of agricultural pesticides, economic and sector work, sectorial or project-specific environmental assessments, participatory IPM assessments, and adjustment or investment projects and components aimed specifically at supporting the adoption and use of IPM. In the Bank-financed agriculture operations, it advocates pest populations’ reduction through IPM approaches. The proposed insecticides to be used for locust control in this program are organophosphates with active ingredient Fenithrothion and falls under WHO classification class II i.e. moderately hazardous. World Bank does not finance any pesticides programs, which fall under WHO class 1A and 1B of 16 pesticides. As such, the current project will not use any of the chemical under Class 1A and 1B, thereby complying with Bank Policies. Institutional arrangements pest and pesticide management in Kenya Agriculture is a key sector for Kenya’s economic growth, and as such, the government of Kenya has put in place measures to ensure crop protection as well as safeguard health of people involved in agro systems and related actions. Management of pests and pesticides in Kenya is facilitated by many governmental and international organisations that work individually or as teams to ensure that the specific components of good agricultural practices (GAP) are followed, and that there is safe use of pesticides. These include the Ministry of Agriculture, Livestock and Fisheries; Kenya Plant Health Inspectorate Service (KEPHIS); Pest Control Products Board (PCPB); National Environment Management Authority (NEMA); and Agro Chemical Association of Kenya (AAK). Table 2 below gives details of the government agencies involved in pest management and their roles and functions in pests and pesticide management Table 2: Government agencies involved in pest and pesticide management and their roles Agency Role Specific functions list (relating to pest and pesticide management) Ministry of Agriculture Pest Control Products ➢ Regulates the ➢ Enhance compliance of pest control Board (PCPB) importation, exportation, products to set standards and manufacture, facilitate trade. distribution, ➢ Ensure safe, quality and efficacious transportation, sale, pest control products are available disposal and use of to users products used for the ➢ Enhance responsible use of pest control of pests and control products and food safety mitigate potential ➢ Improve management of pest harmful effects to the control products lifecycle environment. KEPHIS ➢ Assures the quality of ➢ Support compliance to market agricultural inputs and requirements produce. ➢ Certification of the quality of seeds and fertilizers ➢ Testing and monitoring the presence of harmful residual agro-chemicals on agricultural produce, soils and water systems ➢ Preventing introduction into the country of harmful foreign weeds, pests and diseases through adherence to strict quarantine regulations and procedures ➢ Inspecting and grading agricultural produce for import and export ➢ Implementing the national policy on the introduction and use of 17 genetically modified plant species, insects and microorganisms KALRO ➢ Research in plant health ➢ Efficacy trials of agricultural issues related to pesticides for field and stored crops pesticide and fertilizers Ministry of Environment and Mineral Resources National Environment ➢ Manage the environment ➢ Focal point in the implementation of Management Authority through supervision and the Stockholm Convention on (NEMA) coordination of the lead Persistent organic pollutants agencies – concerned (POPs); Chemical management ministries, government through enforcement of departments and Environmental Impact Assessments agencies and audits where a threat to the environment is anticipated by the use of chemicals listed in the second schedule of the Act Ministry of Health Government Chemists ➢ Provision of laboratory ➢ Test substances and materials for Department services in the fields of chemical composition, compliance public and with legal specifications and their environmental health suitability for various uses ➢ Analyses of samples for compliance to public health requirements Kenya Medical Research ➢ Research in public ➢ Research on effects of pesticides Institute (KEMRI) health issues related to among formulators/store-men and pesticide farm workers ➢ Research portfolio on chemical including POPs; Regular surveillance of POPs pesticide Efficacy trials Directorate of Occupational ➢ Ensures safety, health ➢ Identify, evaluate and control Safety and Health Services and welfare of workers biological and chemical factors in (DOSHS) predisposed to the work environment, which may pesticides. affect the safety and health of employed persons, and the general environment. Ministry of Industry, Investment and trade Kenya Bureau of Standard ➢ Prepare standards ➢ Develop pesticide standards. Testing (KEBS) relating to pesticides and pesticide residues, and toxic their promotion at all elements in foods Certification of levels products Export Processing Zones ➢ Promote and facilitate ➢ Incentivize export-oriented investors Authority (EPZA) export-oriented dealing in pesticides e.g. pyrethrum investments and develop through provision of one-stop-shop 18 an enabling environment service for facilitation and aftercare for such investments Ministry of Transport, Infrastructure, Housing & Urban Development Kenya Ports Authority ➢ Manages all the sea ➢ Enforcer and regulator ports in Kenya Kenya Airports Authority ➢ Manages all the airports ➢ Enforcer and regulator in Kenya The county departments of Agriculture, Livestock and Fisheries provide Extension Services to the ward levels. Their extension services are not limited to husbandry practices alone but also encompass high level of pest management. That said it is the national agencies listed in the Table above that are exclusively charged with express mandate of plant pesticides products regulation in Kenya. Various national research institutions are involved in applied research in both crop and animal production. Their focus has mainly been on high yielding varieties of crops and animals as well as development of early maturing and disease resistant varieties. Institutions of particular interest include Kenya Agriculture and Livestock Research Organisation (KALRO), Kenya Sugar Research Foundation (KESREF), Coffee Research Foundation (CRF), Kenya Forestry Research Institute (KEFRI), and Kenya Seed Company (KSC). There are also government financial institutions that support farmers such as Agricultural Development Corporation (ADC) and Agricultural Finance Corporation (AFC). However, these do not have a direct role in management of pest and pesticides in the country. The government agencies involved in pest and several international and regional institutions, including FAO, ILRI, ICIPE, IITA, CYMMIT, CIP, ICRAF (WAC), CIAT, ICRISAT and DLCO, support pesticide management. It should be noted that FAO will play a leading and instrumental in use of the pesticides for desert control under this project. 19 4. PEST MANAGEMENT PLAN FOR CONTROL OF DESERT LOCUST 4.1 Control Strategies and Management Approaches The principal aim of strategies designed for locust control is to reduce the size of the total population of insects and not merely to attack insects in or near crops. This is deemed the most appropriate way to achieve crop and pasture protection with such mobile pests, while preventing occurrence of plagues. This strategy also recognizes that desert locust upsurges leading to plagues occur through sequences of successful breeding by initially solitary- behaving populations, followed by gregarious populations. While the gregarious populations are the obvious targets for spraying, their destruction does not necessarily make significant inroads into the critical mass of the population. Solitary locusts, which are not targets in practical or economic terms, migrate and continue to multiply. These locusts expand into an ever-increasing area for several generations and it is only when they come together into swarms and become recognisable targets that effective control can be achieved. The strategy will therefore target both the solitary and gregarious populations. 4.2 Choosing Pesticides for Locust Campaign This PMP follows FAO guidelines on locust campaign. The Guidelines outline the following considerations when choosing an appropriate pesticide for locust control: • Efficacy – the more toxic the active ingredient (the poisonous part of the insecticide) is to the locusts, the smaller the amount of active ingredient needed. • Safety – the product should ideally have low toxicity to mammals (humans, livestock) and other animals such as birds and fish. • Specificity – ideally the product should be toxic to locusts but not to other types of arthropods. If they are toxic to many other types of arthropods, they are called broad spectrum compounds, and are not desirable. • Persistence – the longer the product remains biologically active in the field, the more effective it is because it can kill locusts later as they emerge from eggs or arrive in the area. However, there may be more serious effect on other organisms, i.e. greater environmental impact, from a persistent product. • Route of entry – whether it is a contact or stomach action product will determine its suitability for different targets, e.g. flying swarms need a product with contact action. • Speed of action – the faster the product works, the less crop damage will be caused and the better the feedback the control team has on the effectiveness of operations. However, sometimes speed of action is not important, e.g. for hopper bands far from crops. • Shelf life – the longer a product can be stored before use the better. If it is not needed immediately it will still be effective in future years. • Availability – locust insecticides must be available as ULV formulations in large quantities at short notice. • Cost – insecticides are one of the most expensive elements in any control campaign so cheaper products will greatly reduce control costs. 20 4.3 Integrated Pest Management Experiences There are also new and alternative methods, besides chemicals that can be used to protect human health and the environment such as insect growth regulators (IGRs), botanicals, semiochemicals and bio-pesticides. Some of the envisaged advantages of these alternatives are: a) Bio-pesticides (e.g. Metarhizium anisopliae var. acridum) are highly specific, have low mammalian toxicity, with possibility to produce formulation locally in small quantities and are safe to the environment. b) Botanical insecticides (e.g. Neem) are usually available locally and can be prepared at village level in small quantities and have low environmental impact. c) Semiochemicals (e.g. pheromones) may be highly specific and safe products and can be used to reverse the process of grangerization, disperse bands and swarms. Experimental results on reduced feeding, marching increased predation, cannibalism, susceptibility to insecticide and pathogen are encouraging. However, none is available commercially. d) Insect Growth Regulators (e.g. Diflubenzuron and Triflumuron), which interfere with the production of chitin. IGRs are persistent, with very low environmental impact, and are selective due to its stomach action. e) Phenylpyrazoles (e.g. Fipronil), which are persistent, with low mammalian toxicity, and are a stomach and contact poison. f) Chloronicotinyls (e.g. Imidacloprid), which have low mammalian toxicity and are stomach and contact poison. Little data is available on their efficacy in Desert Locust Control 4.4 Pesticides to be purchased by the crop protection unit In line with FAO guidelines, the following pesticide (Fenitrothion 96% ULV, Table 3 has been chosen for use to control desert locust under this project. The Fenitrothion falls under Class II of the WHO recommended pesticides suggesting that it is only moderately hazardous. The pesticide is registered and allowed for use in Kenya. The project will however procure Metarhizium a Bio Pesticide and Fenitrothion 96% ULV. Fenitrothion 96% ULV and Metarhizium anisopliae are registered, its selection complies with Government of Kenya laws and regulations on pesticides as described in section 3 above. However, Kenya will continue promoting IPM approaches in control of desert locust. Table 3: Pesticides to be purchased by the crop protection unit Type Formulation Chemical group Quantity Fenitrothion 96% ULV Organophosphate 30,000Lts Metarhizium (Kg) OF Bio Pesticide 600 Kg 21 4.5 Risks Associated with Pesticide Management Evaluation of the desert locust control program and campaign identified potential environmental and occupational health risks associated with importation, shipment, transportation, storage, distribution to points of use, use of the pesticides and disposal of empty containers. Some of the risks are depicted in Table 4. Table 4: Risks associated with importation, transportation, storage, distribution and use of pesticides Risks at various Potential Potential Occupational Others risks handling stages environmental Social Risk health risks Risk Importation Damage during Fatigue Expose people, Low pesticides shipment, associated aquatic and quality due to leakage/spillage with social wildlife to prolonged stress arising intoxication storage Transportation Spillage and from pressure The operator Lack, leakages, fumes’ and hazards during uncompleted and fire. Spills if long working spillage and protective gear not cleaned or hours for decontamination and absorbent decanting and timely materials replacing delivery of product Storage Site location, Insecurity Spillage, Obsolete design, prone areas Corrosive pesticide Lack construction containers, loose of Shelves, requirements for a bags and pesticide store not containers, cake compliant with set formulations standards with decontamination poorly built store, of store, lack of lack of ventilation good store and floor space keeping & leading to sanitation containers practices wrongly stored, spillage, corrosive containers. Prolonged storage of products causes caked formulations. Distribution Wrong -Inequalities Lack of Lack of transportation as result of knowledge by protective gear exposing products social biases pesticides to human and -Insecurity & distributors. environment. theft leading to loss of pesticides Use Improper disposal, -Sex abuse Improper 22 spillage and left- from labelling leading over pesticide. Interaction of to wrong usage, NYS, spray cleaning of teams and the sprayers and civilians in equipment the villages decontamination - Loss of of stores. livelihood due to damages - Low participation of the affected people (top- down interventions) hampering feed backs Disposal Improper disposal Disposal of Effect on food - Pesticides of empty locust carcass chain because of getting into the containers through pollution of food chain burning. environment and through Left overs in ground water. mishandling wrongly disposed of dead insects containers cause persistence and lasting in soil. To mitigate the risks this PMP adopts and follows FAO guidelines on safety and environmental precautions (FAO, 2003). In line with these guidelines, the following will be observed: Quality control of pesticides a) Testing of pesticide on arrival at the port of entry to establish its quality and conformity to the description on the label. This will be done by registered government officials – Pest Control Products Boards – with the support of FAO experts. The laboratory to be used will be determined by the Pest Products Control Board in consultation with the FAO. FAO pesticide specifications will be followed. Apart from verifying the concentration of active ingredient(s), quality control will also assess levels of toxic metabolites. Annex 1 lists all possible pesticides that may be used for desert locust control while Annex 3 lists pesticides that are banned in Kenya 23 Training of personnel on use of pesticides b) Training of all the persons (including the NYS servicemen) to be involved in spraying, various logistical support and surveillance on safety and the provisions of this PMP will be conducted. This will be facilitated by state department of crops with technical backstopping by FAO, Agrochemicals Association of Kenya and the Pest Control Board. Training of all the persons including control team, transporting staff, storekeepers, flagmen, monitoring teams and medical staff is an imperative. A tailor-made training package as provided in the FAO guidelines targeting various groups will be disseminated (Table 5). c) Provision of medical diagnosis services for personnel and locals to determine their contamination/ toxic levels and examining them for acute or chronic poisoning symptoms when such need arises. More specifically, personnel and other stakeholders involved in the campaign will be tested for acetylcholinesterase (using blood sample test kits to be procured under the project) before, during and after the campaign. There will be medical personnel from the counties to support diagnosis and treatment. d) All personnel involved in spraying (applicators, loaders, etc.) will be provided with approved personal protective equipment. The exact PPEs to be procured as part of this project and provided will be determined by the Pest Control Board and the FAO. Table 5: Target campaign personnel and topical training areas Target Topics Control teams • Application techniques, equipment, maintenance • Equipment calibration • Safety measures, PPE, insecticide poisoning, first aid • Environmental precautions • Rapid assessments (efficacy, occupational health, environment) Insecticide transport • Proper handling and transport of drums and containers staff • Safety measures, PPE, insecticide poisoning, first aid • Environmental precautions, clean-up of spills Storekeepers • Pesticide storage management • Safety measures, PPE, insecticide poisoning, first aid • Environmental precautions, clean-up of spills Flagmen • Safety measures, PPE, insecticide poisoning, first aid Monitoring teams • Monitoring techniques • All the above topics (monitoring staff should preferably participate in the training of all other campaign staff who they may need to evaluate) Medical staff • Recognition and treatment of insecticide poisoning 24 Ecologically sensitive areas During campaign planning all areas in the country should be identified that are ecologically and agronomically important or particularly sensitive to insecticides. In certain areas chemical locust control may also not be allowed by law (as in the case of national parks). For each sensitive area, locust management options should be evaluated, based on the type of organisms at risk and the likely locust targets that may appear in the area. Subsequently, appropriate locust control techniques have to be identified for each area. These include the decision to allow chemical control or not, the choice of acceptable insecticides, periods when treatments are or are not allowed, appropriate control methods, etc. It is important that all relevant national expertise is involved in this assessment, such as the national agencies dealing with environment, biological pest control, (inland) fisheries, bee-keeping, national parks, etc. Experience has shown that it is often most effective to try to map out the various sensitive areas and make overlays with previous (or newly expected) locust infestations. This can be done using computerised geographic information systems, or directly on paper (see Fig. 13). In many locusts affected countries, electronic maps of important environmental areas are now available, and the locust unit should seek assistance from the relevant national agency to exploit them. The Multi-agency technical team is to map out ecologically sensitive areas and make overlays with previous (or newly expected) locust infestations. This will be done using the GIS. The management measures will strictly adhere to FAO guidelines as illustrated in Table 5. Table5: Ecologically and agronomically sensitive areas and their management measures Ecologically and agronomically Management measures sensitive areas National parks; nature reserves; No insecticide applications; only biological internationally protected areas control agents; only low hazard insecticides Important (inland) fisheries areas; Only insecticides with very low hazard to mangrove forests fish and aquatic invertebrates Important fruit-growing areas; No insecticide applications during flowering of fruit trees; beekeeping areas only insecticides with very low hazard to bees; set up information system to warn bee-keepers of upcoming treatments Areas with important biological No insecticide applications; only insecticides with very low pest control programmes hazard to natural enemies of pests Areas with export crop or livestock Only insecticides that do not pose problems with export production maximum residue limits Areas with organic farming No chemical insecticides 25 Pre-campaign medical examinations The medical team attached to the control bases will work closely with local medical facilities (dispensaries, healthy centres and hospitals. Diagnostic and treatment of insecticides that may be used such as fenintrothion ULV 96% poisoning as stipulated in the FAO guidelines will be made available to medical team and local health facilities. All control staff, and other persons who may come into contact with insecticides, will undergo a medical examination before the start of the campaign. Pre-campaign examination establishes a baseline for future health monitoring. This will be carried out by a physician with knowledge about insecticide toxicology and who is aware of the risks to which locust control staff may be exposed. Specific attention will be paid to medical conditions that may increase susceptibility to insecticides (e.g. skin lesions, liver disease, chronic alcoholism, haemolytic anaemia, malnutrition. Blood Cholinesterase (ChE) levels will be obtained for each control agent. These data can be used as a baseline for ChE monitoring during and after the campaign. Baseline ChE levels will be taken when the person has not been exposed to OPs or CAs for at least 30 days. Since there may be variability between laboratories or analysis methods, the same type of ChE test kit or blood analysis laboratory will be used throughout the control campaign. Storage and transportation of pesticides a) Drivers transporting pesticides will be trained / sensitized on accident prevention and on dealing with emergencies such as spillage or fire during transportation. b) The team will ensure that pesticides are not transported with any foodstuffs and that they are covered and well labelled at all times during transport and storage. Labelling will follow standard FAO procedures/ guidelines. c) The team will provide safe storage for the pesticides in all the proposed six ground base stations and will control/ document release of the pesticides. This will be done through proper siting and design of the storage facilities and providing equipment and facilities for containing possible spillage, protecting the pesticides from direct sunlight/rains, and having checklist/form to manage stock movement in and out of the stores. The project teams will adhere to the appropriate store management by applying the rule of the thumb (i.e. first in first out) and providing the right store equipment and materials to curtail or minimize storage accidents, leakages and spillages. Management and use of pesticide containers a) The team will adhere to safe disposal of pesticide and empty/ used pesticide containers. The project will adopt the “return to the sender principle” as part of the procurement contract and follow all other FAO guidelines. b) The team will ensure safe disposal of the empty (used) drums carrying the pesticides and that these are not given to communities and are crashed on the site. Public awareness and communication The public will be kept informed about possible environmental and health effects of the pesticides, before, during and after locust control operations through local and national 26 media, public baraza, religious gatherings and schools. This will ensure that precautionary measures are taken whenever needed and to reduce any misunderstandings that may exist about the risks of locust control. The government spokesperson’s officer will coordinate this task with support Multi-Technical team and KCSAP information and communications officer. The adopted communications strategy will ensure among others the following issues are considered and well-articulated: ➢ What should be the (technical) contents of the information? (e.g. location of treatments, general information on risks of pesticides, precautionary measures, re- entry intervals, pre harvest intervals) ➢ Should there be “standard” answers to certain expected frequently asked questions on environmental and health issues? (e.g. by the public, politicians, the press) ➢ What is the appropriate type of communication method to reach the target groups effectively? (e.g. radio, television, newspapers, extension service, locust survey/control teams) ➢ How the public will be informed in case of emergencies? (e.g. insecticide spills, fish kills, human intoxications) ➢ How does one ensure that all control teams provide the same information to the local population? (e.g. to avoid that one team instructs villagers to close a well before spraying, and a second team operating in the same district tells another village this is not needed) ➢ What other information sources should be involved or kept on standby? (e.g. medical information sources in case of intoxications) Overall, the Multi-Agency Task Team will: a) Organize awareness creation and communication activities to sensitize communities on where spraying is to be carried out and to sensitize them on ways to keep themselves and their animals and crops safe. b) The team will sensitize all involved government agencies on compliance with environmental and social safeguards with special emphasis to do no harm principle (sexual abuse, gender violence, inclusivity among others). c) The project will conduct rapid social impact assessment (sample two counties) to enable formulation and implementation of livelihood restoration programmes during and following control of the locust d) The team will strengthen and use the existing KCSAP Grievances Redress Mechanism (see Annex 3) to handle grievances arising from activation of the emergency response project e) The project will use of existing KCSAP Stakeholder engagement processes and communication strategy to reach out and consult stakeholders Monitoring of pesticides and their use a) Designated officers will be facilitated and deployed in various areas. They will help to monitor and enforce the regularities developed by the PMP. They will monitor storage areas, inspect field applications and advise on strict management, import control and quality control of pesticides. This is to ensure protection of human health and the environment. b) The project will consult with relevant government departments, institutions and local leadership to create buffer zones to protect sensitive areas such as watering points (springs, wells, pans, ponds and dams), open water to homesteads and grazing areas in a bid to protect sensitive environments, human and animal health. 27 c) Procuring only enough quantities of the pesticides and sensitizing communities not to conduct any spraying themselves. d) Undertaking frequent monitoring of both internal and external exposure to the pesticides by testing communities and those involved in spraying using the blood test kit to be procured. 4.6 Institutional Arrangement and Coordinating Mechanisms at National, County and Village Level In responses to imminent locust invasion, the State departments for crops (SDC) in consultation with actors and partners have established coordinating mechanisms at the national, county and village levels to enhance response and preparedness for locust control and to implement the PMP (Table 4). The Ministry of Agriculture, Livestock and Fishers will be the lead agency in implementing this PMP. In consultation with FAO and the Pesticide Control Boast, the Ministry will be in charge of procuring the pesticide, ensure these are tested at port of entry and safely transported and stored at the six centres. The will also lead in training the applicators and all those to be involved in the campaign as well as and sensitizing communities on safety issues. The FAO will be involved in and support the ministry in all the process involved in importation, testing, and transportation and spraying and in all other actions listed in this PMP. The ministry and FAO have conducted and will continue to conduct monitoring to determine presence of locust, issued press releases and hold press conferences, and sensitization through meetings and using the print and electronic media to discuss the campaign, and progress so far. The Table below summarizes the roles of the various actors to be involved in locust control. Table 6: Institutional arrangement for Desert Control and Implementing the PMP Institution Roles/Responsibilities MoALF Lead agency responsible for coordination, capacity building and resource mobilization Also leads on implementing this PMP DLCO-EA Control operation and capacity building FAO Coordination, capacity building and resource mobilization; and technical support through all states of the campaign NYS Ground control operation and pesticide application KWS Provision of surveillance aircrafts KFS Provision of surveillance aircrafts Kenya Air force Provision of spray aircrafts and vehicles for ground spray Research institutions (ICIPE, Research and technology development KALRO, UoN, PCPB Registration and recommendation of pest control products Testing and certification of imported pesticides County governments Surveillance/ monitoring, sensitization and provision of control personnel World Bank Financial support USAID Financial support AAK Capacity building on safe use of pesticides 28 The State department for crops will lead the CERIPs implementation processes as stipulated in the document. However, for the purpose of prevention, establishment and enhancement of sustainable locust management mechanism now and in the future: ➢ The State department for crop in collaboration with KCSAP, affected Counties, plant protection Services, FAO and other actors will conduct identification of farmer groups; assessments on ecological, socio-economic, biological and production constraints; organize persons to be trained and enhance the training of farmer groups and other activities to enhance the implementation of CERIPs ➢ The National Agricultural Research Institute (NARI) with KCSAP will support development and promotion of alternative pest control methods to agro pesticides and promote the use of botanicals and microbial products; and contribute staffs to participate as trainers in the IPM/FFS training of trainers; and other activities to enhance sustainable locust management 4.7 Capacity Building The strategy adopted by KCSAP is based on the principle of IPM. The desert control contingency emergency response executing agencies will therefore take deliberate actions to adhere to World Bank pest management operation policy as provided in KCSAP ESMF, and IPMF and FAO guidelines as stipulated in this PMP. The participating institutions which include SDC, KALRO, FAO, and PCPB have the requisite internal capacities and experience to implement and develop associated structures to operationalize this PMP. Stakeholders at county level will be trained on IPM; while SDC technical support managers will be equipped and their capacities enhanced to monitor and carryout prompt and appropriate management interventions to prevent and minimize economic damage and food losses. The grass root teams will be charged with the role of community mobilization for eventual formation village level working groups. County technical departments will spearhead enhancement of grassroots capacities. 4.8 Monitoring Designated officers will be deployed and facilitated to monitor and enforce the irregularities by monitoring storage areas, inspecting field applications and advising on strict management, import control and quality control to ensure protection of human health and the environment. The project will consult with relevant government departments, institutions and local leadership to create buffer zones to protect sensitive areas such as watering points (springs, wells, pans, ponds, dams) and open water to homesteads, grazing areas in a bid to further protect sensitive environments, human and animal health. Procurement of the insecticide will only enough quantities of the pesticides and sensitizing communities not themselves to conduct any spraying. Further, frequent monitoring will be conducted for both internal and external exposure to the pesticides by testing communities and those involved in spraying 29 using the blood test kit to be procured. To ensure various aspects of the process conform to a multifaceted monitoring approach in tandem with FAO guidelines: 4.8.1 Monitoring approaches: The following approaches will be employed to attain thorough monitoring, environmental safety and effectiveness: i) Monitoring – rapid assessments This is monitoring carried out by the control teams themselves. The following activities will entail part of a rapid assessment. ii) Spray monitoring Basic insecticide application parameters will be collected for each individual control operation. They include the exact control location, insecticide data, and weather conditions during spraying and equipment settings. The FAO Spray monitoring form covers all these issues (see Annex 3) and control teams will fill it out for each sprayed target. Since the application of insecticides is the most expensive part of a locust control campaign, incorrect spraying may be very costly. Spray monitoring is therefore essential, both from an economic and an environmental point of view. iii) Efficacy assessment Efficacy assessments are made to verify whether the insecticide and the control technique are effective. Efficacy will be checked regularly, even for such an insecticide with which one has experience. Further advice on locust mortality assessments is provided in FAO guidelines. iv) Dedicated operational monitoring The team comprising of relevant Government agencies (State departments of crops, livestock, fisheries, irrigation, health, COG, KCSAP, KALRO, PCPB, KEPHIS, KWS, KFS, WRA, NEMA) Private and partner institutions (AAK, FAO, ICIPE, World Bank, USAID, GIZ etc.) will monitor the operations. What to monitor will be determined by the expertise and the funds available for the activity and with reference FAO guidelines which spells out among other suggestions for priority setting. The rule, for monitoring is to address those issues that are considered to be a potential problem, either by the campaign staff or by the general public. Among other parameters they will monitor; spray for an independent verification of equipment calibration and the execution of the treatment by control teams using The FAO Spray monitoring form can be found in Annex 4; Efficacy assessments to done based on FAO guidelines; Monitoring human health for Occupational exposure and External exposure, Internal exposure which is an indicator for organophosphate absorption is the depression of acetylcholinesterase (in red blood cells) and pseudocholinesterase (in blood plasma). This can be tested after taking a blood sample and subsequent analysis using a field test kit For Desert Locust control, cholinesterase field test kits preferred because these avoid transport of samples to a laboratory (which may be far away from the control site) and allow immediate corrective action, if needed. Good, robust and easy to use field test kits will be procured and 30 made available for use. Monitoring insecticide residues useful to monitor insecticide residues after locust control treatments to evaluate whether the withholding periods recommended by the insecticide manufacturers are valid under local conditions or to confirm that no contamination of protected areas occurs when recommended buffer zones are respected. Emergency sampling; emergency situations, e.g. if wildlife mortality has been observed, accidental spillage has occurred; beekeepers have claimed that locust control has caused them damage, etc. In these cases, the monitoring team may need to take samples immediately, for later residue analysis. It is important that sampling is carried out as soon as possible. Sampling will be guided by FAO indicative sample sizes. V) Finalizing monitoring activities Various activities related to environmental and health monitoring will continue for some time after the control activities have stopped. vi) Post-campaign health examinations All control staff will undergo, as soon as possible after the control campaign, a medical examination. When deemed necessary, a final ChE analysis will be carried out (e.g. if the staff member has shown ChE inhibition late in the campaign). The results of these check-ups shall be compared with the pre-campaign data. Any staff showing signs of (chronic) insecticide poisoning will continue to be monitored. Based on these results, staff may need to be assigned other tasks during the next control campaign vii) Long-term monitoring Residue or ecological monitoring needs to be continued after the last control operation to check for any adverse ecological effects and impacts. Thus, a few members of monitoring teams will task immediately after a campaign. viii) Sample treatments Often, both residue and biological samples will be analysed after the control operations (e.g. because relevant staff were involved in field monitoring). It is important that the campaign organization takes into account the time needed for such analysis, as the results may be important for the technical evaluation of the campaign. ix) Reporting The preparation of a detailed report of the results of the monitoring exercises will be the final, but essential, task. The report will contain all the results of the various studies and field evaluations. In addition, an analysis will be made of the (potential) environmental and health risks of the locust control campaign, based on these results, and concrete and practical recommendations made for improvements. The report is expected to form bases for monitoring in other countries. 31 5. BUDGET The activation of CERIPs stipulated in component 5 of KCSAP allows mobilization of project funds to finance such a crisis. Therefore, KCSAP will support the PMP activities as per the GOK proposed locust control CERIP. It is estimated that a budget of about USD 1,000,000 (KES 100,380,000) will be needed to implement the PMP. This budget has been factored in project’s overall budget and includes the cost of procuring and testing the pesticides, ground transport, spraying and personnel, monitoring, training and capacity building, among others. 32 5. REFERENCES FAO (2007): International Workshop on the Future of Biopesticides in Desert locust Management. Saly, Senegal, 12-15 February 2007. Food and Agriculture Organization of the United Nations, Rome FAO (2009a): FAO Desert Locust Control Committee Thirty-ninth Sessions. Food and Agriculture Organization of the United Nations, Rome FAO (2009b): Second international workshop on the future of biopesticides for desert locust management (Rome, 10-12 February 2009). Food and Agriculture Organization of the United Nations, Rome Food and Agriculture Organization (2001): Desert Locust Guidelines Food and Agriculture Organization (2014): The FAO Commission for Controlling the Desert Locust in South-West Asia Government of Kenya (2016a); Kenya Climate Smart Agriculture Project (KCSAP) Environmental and Social Management Frameworks (ESMF) Government of Kenya (2019); Registered Pest Control Products for use in Kenya, publication by Pest Control Products Board (PCPB) Government of Kenya (2020); Draft Locust Contingency response project Hunter D.M. (2005): Mycopesticides as part of integrated pest management of locusts and grasshoppers. Journal of Orthoptera Research 14: 197-201. ICIPE (2004): Optimisation, validation and transfer of pheromone technology to national locust control organizations. Phase III. First scientific and financial report (November 2003 to May 2004) ICIPE Tropical Insect Science for Development, Nairobi Pesticide Action Network (PAN) Africa (2010): Report on workshop on Management of locust control and participation of civil society Nord-Sud Hotel - Bamako, February 2010 Ramesh C Gupta (2006); toxicology of organophosphate & carbamate compounds book doi: 10.1016/b978-012088523-7/50003-x Republic of the Gambia (2004): pest management plans for the Gambia locust control project (January 2005 -December 2008) Tahar Rachadi (2010); Locust control handbook CIAT Publication World Bank (2004): Project Information Document (PID) for the Africa Emergency Locust Project World Bank (2016): The National Agricultural and Rural Inclusive Project (NARIGP) Project Appraisal Document (PAD) August 2016 World Bank (2017); Kenya Climate Smart Agriculture Project (KCSAP) Project Appraisal Document (PAD) January 13, 2017 World Health Organization (2005); The WHO recommended classification of pesticides by hazard and guidelines to classification: 2004. 33 6. ANNEXES Annex 1: Possible Insecticides for Management of Desert Locust No. Active ingredient/Trade Name Formulation type Chemical Group Registration Status in Countries where Kenya registered for locust control 1. Diflubenzuron(dimilin OF-6) WP Benzoylurea Registered for locust Australia, Niger, control Sudan 2. Clorpyrifos (Dursban 4 EC) EC Organophosphate Australia, Morocco 3. Cypermethrin( Ripcord 5% EC) EC,ULV Synthetic Pyrethroid Australia, India 4. Fipronil (Adonis UL) SC,WDG,ULV Organophosphate Australia, Morocco, India 5. Fenthion ULV Organophosphate Registered for control Australia, Morocco, of other pests Mali 6. Deltamethrin ULV Synthetic Pyrethroid Australia, Senegal 7. Fenitrothion ULV,EC Organophosphate Australia, Western Sahara, Morocco 8. Melathion EC,EW,ULV Organophosphate Australia, Morocco, India 9. Metarhizium anisopliae SC,ULV Biological Control Agent Australia, India, West Africa 10. Lambda-cyhalothrin SC Synthetic Pyrethroid Australia, Sudan, Algeria 11. Gamma-cyhalothrin EC Synthetic Pyrethroid Australia, Algeria, Pakistan 12. Diazinon EC Organophosphate Australia, India, West Africa 13. Carbaryl SC Carbamate Australia, Morocco 14. Beta-cyfluthrin EC,ULV Synthetic pyrethroid Australia, West Africa 15. Alpha-cypermethrin EC,ULV,SC Synthetic Pyrethroid Australia, India 16. Imidacloprid SC Neonicotinoid Morocco, Mali 17. Thiamethoxam SC Neonicotinoid Mali, Mauritania, Algeria 1 Note: This is a provisional list as per Natural Resource Institution (NRI) locust handbook oversees development administration provided by Desert Locust Control Organization for East Africa (DLCO-EA). -Adonis UL (No.4): Registration status is expired and requires renewal by the local agent. -When spraying, products from different chemical groups should be alternated for the resistance management. Annex 2: List of pesticides banned in Kenya List of Banned Products Banned Pesticides in Kenya # Common Name Use Date Banned 2,4,5 T (2,4,5 – Trichloro-phenoxybutyric acid) Herbicide 1986 1 2 Chlordane Insecticide 1986 3 Chlordimeform Insecticide 1986 DDT (Dichlorodiphenyl Agriculture 1986 4 Trichloroethane) 5 Dibromochloropropane Soil Fumigant 1986 6 Endrin Insecticide 1986 7 Ethylene dibromide Soil Fumigant 1986 8 Heptachlor Insecticide 1986 9 Toxaphene (Camphechlor) Insecticide 1986 2 5 Isomers of Hexachlorocyclo-hexane (HCH) Fungicide 1986 10 Ethyl Parathion Insecticide 1988 11 All formulations banned except for capsule suspensions 12 Methyl Parathion Insecticide 1988 All formulations banned except for capsule suspensions 13 Captafol Fungicide 1989 14 Aldrin Insecticide 2004 Benomyl, Dustable powder formulations containing a combination of 2004 15 Carbofuran, Benomyl above 7%, Carbofuran above 10% and Thiram above Thiram combinations 15% 16 Binapacry Miticide/Fumigant 2004 Chlorobenzilate Miticide 2004 17 18 Dieldrin Insecticide 2004 19 Dinoseb and Dinoseb salts Herbicide 2004 20 DNOC and its salts (such as Ammonium Salt, Insecticide, Fungicide, Herbicide 2004 Potassium salt & Sodium Salt) Ethylene Dichloride Fumigant 2004 21 Ethylene Oxide Fumigant 2004 3 22 Fluoroacetamide Rodenticide 2004 23 Hexachlorobenzene (HCB) Fungicide 2004 24 Mercury Compounds Fungicides, seed treatment 2004 25 Pentachlorophenol Herbicide 2004 26 Phosphamidon Insecticide, Soluble liquid formulations of the substance that 2004 exceed 1000g active ingredient/L 27 Monocrotophos Insecticide/Acaricide 2009 28 All Tributylin Compounds All compounds including tributyltin oxide, tributyltin 2009 benzoate, trybutyltin fluoride, trybutyltin lineoleate, tributyltin methacrylate, tributyltin naphthenate, tributylin chloride 29 Alachlor Herbicide. 2011 30 Aldicarb Nematicide/Insecticide/Acaricide. 2011 31 Endosulfan Insecticide. 2011 33 Lindane Insecticide. 2011 4 List of Severely Restricted Products / Pesticides in Kenya Common name Remarks 1. Benomyl, Carbofuran/Thiram Dust able powder formulations containing a combination of combinations Benomyl below 7%, Carbofuran below 10% and Thiram below 15%. 2. DDT (Dichlorodiphenyl trichloroethane) Insecticide, restricted use to Public Health only for mosquito control for indoor residual spray by Ministry of Health. Banned for agricultural use. 3. Ethyl Parathion Insecticide, capsule suspension formulations allowed in 1998. 4. Methyl parathion Insecticide, capsule suspension formulations allowed in 1998. 5. Phosphamidon Insecticide, Soluble liquid formulations of the substance that is below1000g active ingredient/L. 5 Annex 3: Grievance Handling Mechanism (GRM) i) Grievances Redress Mechanisms Grievances may arise from members of communities who are dissatisfied with: (a) the eligibility criteria, (b) community planning measures, (c) approval of action plans and allocation of funds or (d) actual implementation. This section sets out the measures to be used to manage grievances. The overall process of grievance handling is as follows1: ❖ Compensation committees including representatives of PAPs will establish the compensation rates. ❖ During the initial stages of the valuation process, the affected persons are given copies of grievance procedures as a guide on how to handle the grievances/sensitization of PAPs. ❖ The process of grievance redress will start with registration of the grievances to be addressed for reference, and to enable progress updates of the cases. ❖ The project will use a local mechanism, which includes peers and local leaders of the affected people. These will ensure equity across cases; they eliminate nuisance claims and satisfy legitimate claimants at low cost. ❖ The response time will depend on the issue to be addressed. Compensation will be paid to individual PAPs only after a written consent of the PAPs is received ❖ Should a PAP decline the compensation suggested, he/she could appeal to the County ❖ Steering Group, Agriculture committees or local Land Control Board. ❖ A Compensation Committee (CC) at the local level will first revise his/her case. ❖ Then the CC will draft its inclusions and submit them to the implementing agencies (IAs) for deliberation in the aim of settling the differences. And when these have failed the individual PAP has the right to take his case to the civil courts for litigation. In order to deal with the grievance that may rise during the implementation of the RAP, there is need adhere to KCSAP grievance redress process with IAs and with PAPs representatives committee to hear the complaints and provide solutions and reduce unnecessary litigation by resolving disputes through mediations. ii) Grievance Redress Process At the time the individual resettlement plans are approved and individual compensation contracts are signed, affected individuals and homesteads would have been informed of the process for expressing dissatisfaction and to seek redress. The Resettlement Committee being a party to the contract would not be the best office to receive, handle and rule on disputes. Therefore, taking these concerns into account, all 1 grievances concerning non-fulfilment of contracts, levels of compensation, or seizure of assets without compensation should be addressed to the National Lands Commission, assisted by the local Land Control Board. If the verdict rendered by the chief is not acceptable to either the individual affected or the management committee, then the parties in their compensation contract would have agreed that the matter would be appealed to a Court of Law as provided for by law. Notwithstanding that the grievance redress mechanism accepts that the compensation and resettlement plans will be (contracts) binding under the laws of Kenya. The grievance redress mechanisms is designed with the objective of solving disputes at the earliest possible time which will be in the interest of all parties concerned and therefore implicitly discourages referring such matters to the Courts which would otherwise take a considerably longer time. Grievance procedures may be invoked at any time, depending on the complaint. No person or community from whom land or other productive assets are to be taken will be required to surrender those assets until any complaints s/he has about the method or value of the assets or proposed measures are satisfactorily resolved. All attempts would be made to settle grievances. Those seeking redress and wishing to state grievances would do so by notifying their area chief. The chief will inform and consult with the Resettlement Committee, the IA, the local Land Control Board and PAP and other records to determine a claim’s validity. If valid, the chief will notify the complainant and s/he will be settled. If the complainants claim is rejected, then the matter will be brought before the County Land Registrar and local Land Control Board. If the PAP is dissatisfied with their decision, then s/he will be free to seek the determination by a Court of Law as provided in the Constitution. The decision of the High Court would be final and all such decisions must be reached within a full growing season after the complaint is lodged. If a complaint pattern emerges, the IAs, the local Land Control Board and the local Chief will discuss possible remediation. The local leaders will be required to give advice concerning the need for revisions to procedures. Once they agree on necessary and appropriate changes, then a written description of the changed process will be made. The IA and the local Land Control Board will be responsible for communicating any changes to future potential PAPs when the consultation process with them begins. 2