The influence
of Kenya Association of Manufacturers on Environmental Law and Energy
and Environmental Policies in Kenya
Peter Orawo, Kenya Association of Manufacturers (KAM)
Introduction
This case study explains the way in which a civil society organization
(CSO) can influence policy formulation processes. It examines the
process through which the Kenya Association of Manufacturers (KAM)
influenced policies on energy, the industrialization process and
environmental law in Kenya. KAM was a partner in the policies and
legislation formulation in conjunction with the Government of Kenya
and other CSOs such as the Federation of Kenya Employers, international
and local non-governmental organisations such as Energy for Sustainable
Development, the African Centre for Technology Studies, and others.
Type and extend of the policy change
As of 1990 Kenya had a weak Energy Policy and no policy at all in
the fields of industrialisation processes and environmental protection.
Nonetheless, Kenya became one of the first African countries to
implement the outcome of the Rio Conference of 1992. It was also
one of the first African countries to sign the United Nations Framework
Convention on Climate Change (UNFCCC).
Some thoughts on the explanation of the policy change
The political context and international factors
After independence there was not enough local expertise to manage
the economy, hence the government became involved in almost all
sectors. This involvement developed into serious inefficiencies.
At the same time, the government was under great pressure, particularly
from the World Bank, to roll-back its influence in the economy and
take a regulatory role. Energy was of the sectors that the World
Bank had in mind in its recommendations.
The ways CSOs tried to affect policy change/mechanisms to get
the evidence into the policy process
As part of a move towards increased participation in the public
policy process KAM and other CSOs were invited to take part in these
activities. Each CSO had its own strategy to influence the policy
process.
Representatives of the invited institutions were allowed to sit
in implementation committees. Unfortunately, CSOs had no experience
in this area of policy formulation. Hence, KAM approached the United
Nations Industrial Development Organization (UNIDO) who recruited
an expert in the field of industrialisation, energy and environmental
protection to help KAM through this process. On behalf of KAM the
expert attended the appropriate committees and carried out the necessary
background research and lobbying actions.
Type of evidence based research used
Desk research: It was necessary to find out what the
country energy deficit was and how this deficit was going to be
influenced by the industrialisation process. It was also necessary
to know the annual demand growth rate and how this would be influenced
by the industrialisation process and the degradation of the environment.
Data was difficult to come by in a form that was useful. Various
government agencies such as the Kenya Bureau of Statistics, the
Ministries of Energy, Environment and Industry were approached.
From the private sector, oil marketing companies, the Kenya Oil
Refineries Limited, the Kenya Power and Lighting Company and individual
major industrial energy users such as the cement, paper and pulp
and steel sectors were also consulted.
Field research: With instruments provided by UNIDO a field
survey was conducted to understand the energy demand by region.
The results of the research were presented by the expert at various
workshops in which all the stakeholders, including donors and KAM
members participated. KAM Board then officially presented the outcomes
of these consultative workshops to various government departments
and other stakeholders.
Evaluating the Advocacy Process: In the eight years of this
process, KAM members constantly evaluated the process using meetings,
seminars and workshops. The workshops and seminars were well attended
by KAM members and other stakeholders. Their views were constantly
communicated to the decision-makers. This constant evaluation ensured
that the lobbying process remained on-track. It is difficult for
most CSOs to keep track for so long.
Lessons learned
- Though the government considers policy formulation its prerogative,
CSOs can influence policy formulation by winning policymakers'
confidence.
- Appropriate research is critical to be able to influence policy.
There are instances where KAM has influenced policy formulation
by lobbying alone without good research to back its demands. Unfortunately,
in all such cases the policies have turned out to be less than
acceptable and un-'implementable'. In some cases such poor policies
have been counterproductive to KAM members' interests.
- Resource mobilisation is necessary for good research results.
To win donors' confidence and gather the necessary resources it
is important to present a well prepared proposal that answers
most of their concerns. It also helps if one has worked with donors
before.
- Researchers must have a way to communicate their findings.
Many CSOs do research in Kenya but for various reasons the findings
never get beyond the research sphere. The researchers must be
ready with briefs for lobbying purposes, for example for policymakers,
ministers and parliamentarians. Normally, these briefs are not
identical.
- Lobbying is both a science and an art. Many CSOs fail to plan
the lobbying process. Though lobbying by itself alone can result
in policy change it is necessary to support the lobbying process
with quality research.
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