Community Development Agreement for Carbon Projects

Any land-based project in the Act will be based on the Community Development Agreement spelling out the obligations and rights of the parties. The Bill goes ahead to define what it considers to be the community. A community is a conscious distinct and organized group of people with the following attributes;

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a. Common ancestry

b. Unique culture

c. Similar socio-economic interests

d. Shared geographical space

e. Similar ecology and ethnicity.

While developing the Community Development Agreement, the proponent of the project must ensure that they tick all the boxes as per the attributes above.

?If not, this will be a key element for invalidating the project if it is discovered that the land-based project was done without or with the wrong members of the community not having fulfilled the above-captioned attributes.

The National and County Governments will come in to oversee the negotiations representing the community for the proposed project.

The agreement will provide details of the parties, the location of the project and the social impact of the project on the community. For the land-based project, the Bill dictates at least 40% of the Aggregate earnings and 25% of the non-land-based project to the community.

• From Engagement to Agreement

The new law on carbon projects in Kenya proposes that before any project is undertaken in Kenya, the stakeholders must ensure that a Community Development Agreement is signed by the parties. The Agreement will be used as evidence that the proponents of the carbon projects in Kenya engaged and agreed with the affected communities