The extractives sector in Kenya has elicited increased fears of the impact of the sector on the economy, and adverse impacts on the environment and local populations, which need to be continuously addressed. Yet, there is a dearth of knowledge, expertise and understanding of the sector by key stakeholders involved and institutions that have an important role in its operations and management. This has led to the increased rise in non-technical risks such as lack of consultation with local communities, poor grievance handling by companies and government entities, and poor communication, all of which have manifested themselves with conflict, project stoppages, and an increase in related court cases.
The findings generated through this research informed the Judiciary Training Workshop on 5th- 9th November, 2018, and the development of a Judiciary Guide on “Handling Extractives Related Grievances in Kenya.” The Guide adopts a value chain design which identifies potential grievances at each stage of the value chain; proposes diverse grievance handling options for the Judiciary to undertake at each stage; and establishes the interface between judicial and non-judicial mechanisms.