Brief: Handling Extractives Related Grievances.

1. Phase 1. A qualitative study (dubbed “Listening Project”) on “Tracing and Documenting Grievances and Grievance Handling Mechanisms in the Oil and Gas Sector in Kenya”. The study was conducted between June and August 2018 in the Lokichar Basin of Turkana East and South and applied participatory research method .
2. Phase 2. Judiciary Training on Extractives, 5th–9th November 2018. Based on the findings of the Listening Project, the EB, in partnership with the Judiciary Training Institute (JTI) and IDLO, conducted a two-part training workshop for High Court judges and legal researchers to strengthen their capacity regarding key legal aspects in the extractives sector, including the interface between different dispute resolution avenues within the sector.
3. Phase 3. Development of a Judiciary Guide on Extractives based on the feedback from the Judiciary Training, Listening Project findings (including validation workshop of the findings) and an in-depth desk review of relevant literature, laws and policies on extractives. 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 (i.e. ADR).

The Brief seeks to provide an overview of the extractives sector, its attendant grievances and existing judicial and non-judicial grievance handling mechanisms. It should be noted that the Judiciary Guide which forms the basis of this Brief does not seek to prescribe any preferred or appropriate mechanism for addressing existing and emerging grievances in the sector, but to provide a detailed guidance to aid the Judiciary in addressing these grievances.