Terms of Reference: Review and update the Constitution of Nasaru-Olosho | WWF Kenya

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Terms of Reference: Review and update the Constitution of Nasaru-Olosho

Review and update the Constitution of Nasaru-Olosho Conservancy and facilitate the registration of the Conservancy to ensure it conform to the legal framework on Conservancies in Kenya

Background

Nasaru-Olosho Conservancy is situated along Chulu hills in Merrueshi, Kiboko and Mbuko Locations of Kenyawa Division of Kajiado County in Rift Valley and incorporates the area from Ilkelunyeti-Oldoinyo sampu-Chulu/Olosinyain to the South, Kunchu to the West, Olmoti/Olkoilang’ a/Olkarkar to the North and Osugat-Noonkoben/Olosinya to the East, all consisting of individual ranches in the above named locations. Its location in the southern Kenyan wildlife corridor, that starts in the greater Mara ecosystem to the south-west of the country, continues across the southern rift, connects with the Amboseli region and onwards to Tsavo in the south-east of the country. It is the missing piece in a mosaic of protected areas that form the Amboseli–Tsavo ecosystem, in Kenya’s southern wildlife corridor. The Conservancy is a working landscape of people, their livestock and wildlife. Human-wildlife conflict is high, between landowners, livestock and key wildlife species, especially by a lion, elephant and hyena. Without urgent intervention, the combination of increasing community infrastructure, retaliation killings and a lack of land-use planning, could decimate key wildlife populations during the next 3-5 years, along with their respective habitats. However, there exist a possibility to establish a governance and management system for the Nasaru-Olosho area through the conservancy model, that will enable people and wildlife to coexist within an integrated working landscape that protects and strengthens ecosystem services, facilitates climate resilience and delivers practical and monetary benefits to the community of c. 15,000 people, in alignment with Kenya’s commitment to the sustainable development goals.

However, for this goal to be achieved and thus contribute to the Conservancy’s vision of securing a healthy landscape, mutually benefiting the local people and wildlife, while strengthening connectivity to the broader landscape, Nasaru will need to attract potential development partners in the initial stages that will support the Conservancy to set up a sustainable model. This requires that the Conservancy is formed and conforms to the legal framework as required by Kenya’s law.

Registration Status 

Nasaru-Olosho Conservancy was established as a community based organization that advocates for the rights of the pastoral communities and instill social awareness among them and promote closer camaraderie and cooperation between the large community and wilidlife. Nasaru was registered with the Department of Social Services in 2013 under registration number KJC/CBO/03284R. Although Nasaru has a constitution, a board and an executive committe, it does not actively manage its activities or programs as a structured and operational conservancy, is not registered by KWS nor is it a member of the Kenya Wildlife Conservancies Association. It is also not clear if wildlife conservation is recognised as a land use type within Nasaru even though the landowners are very keen to engage in wildlife conservation.

Purpose of the consultancy 

The Consultancy is to review and update the Constitution of Nasaru-Olosho conservancy with a purpose of ensuring that it conforms to the legal requirements and has legal life under law governing conservancies, and is aligned with the conservancy vision and strategic objectives (if any). The updated Constitution should clarify the area under Nasaru-Olosho conservancy e.g size, physical area, and if an amalgamation of individual parcels, how many and describe them. While
 
undertaking this review, the consultant shall interrogate any existing agreement/arrangements between the Conservancy and the specific land owners or ranches on whose land the Conservancy infrastructure sits on as well as develop an asset securing agreement between the conservancy and the individual landowners where the conservancy will construct key installations. The Consultant will also consider provisions of among others the Wildlife Conservation and Management Act 2013 and other legislations pertaining to wildlife and environment and ensure that the Conservancy Constitution conforms to the dictate of the legislations of the republic of Kenya. The consultant shall also review the registration and advise the board on the best form of incorporation/registration and taxation obligations.
 
The consultant will also be expected to develop a governance system model that facilitates transparent, visionary and strategic leadership, integration of all community members in conservancy governance, and includes mainstreaming women and youth. While undertaking this task, the consultant should adhere to the principles of Free Prior and Informed Consent and carefully consider the Environment and Social Safeguards in the formation of this conservancy.

Scope of work and Methodology

Some of the pertinent questions for the Consultant to consider in the review of the constitution and governance model will be but not limited to the following:
  1. Does the Constitution demonstrate clear conservation and community development activities support by conservation?
  2. Does the Constitution provide for clear and transparent governance structures that ensure participation of all members?
  3. Does the Constitution provide for maintain ace and regular update of members’ register?
  4. Does the Constitution provide structures of oversight of the management committee activities both internally and externally e.g. AGM, audit?
  5. Does the Constitution reflect the membership base of the land ownership of area under the Nasaru-Olosho conservancy?
  6. Are there legal gaps in the setup of the Conservancy structures that are required to drive the realization of the conservancy objectives?
  7. Does the Constitution adequately cover legal arrangements between the conservancy and the land owners whose parcels the conservancy infrastructure is located
  8. Do the Constitution conform to the Constitution of Kenya 2010, the Wildlife Act 2013 and any other relevant written law of the republic of Kenya?
  9. What statutory documents does this conservancy require to conform to the legal framework governing the formation of conservancies in Kenya?
This assignment will include a desk top review of the documents available including but not limited to:
  1. The Land (Group Representatives) Act
  2. The Community Land Act
  3. The Wildlife Conservation and Management Act 2013
  4. The Conservancy Regulations (draft)
  5. KWS requirements on conservancy registration
  6. EMCA 1999/ amended in 2015
  7. Any other necessary documents 
The Consultant will also be required to hold discussions with the existing management committee, members of the Conservancy, conservancy support organisations and partners including WWF-
Kenya, Kenya Wildlife Service, Kenya Wildlife Conservancies Association and other relevant government agencies. A validation workshop before final production of the revised Constitution with the management board will be mandatory.

Deliverables 

Key Deliverables will be
  1. An updated Constitution that is appropriately registered
  2. An asset securing agreement between the conservancy and the individual landowners where the conservancy will construct key installations
  3. A legal agreement or consent agreement between Nasaru Conservancy and any other party involved in Nasaru Conservancy
  4. A governance system that brings together the 653 landowners under the conservancy land area.
  5. An approved conservancy organogram and administrative structure-should clearly show the roles and mandate of the management committee and the board.
  6. Facilitate confirmation by KWS and registration by KWCA

Time Frame

This consultancy should be completed within sixty working days (60) from the start date

Expression of Interest 

Interested individuals/firms are requested to submit their technical and financial proposal to kenya.procurement@wwfkenya.org by Wednesday 29th July 2020 at 5.00pm