Kenya becomes first African country to secure Santiago climate funding

Kenya has achieved a significant milestone by becoming the first African nation and only the second globally to secure technical assistance from the Santiago Network on Loss and Damage (SNLD). This crucial support, valued at approximately USD 700,000, will enable Kenya to undertake a comprehensive assessment of economic and non-economic climate-related loss and damage experienced between 2015 and 2025, and to develop future scenarios up to 2035. The initiative aims to strengthen Kenya's capacity for informed policy-making, strategic planning, and effective resource mobilization to enhance climate resilience and address the escalating impacts of climate change across all sectors. This development underscores Kenya's leadership in global climate action and sets a precedent for other vulnerable developing countries seeking to operationalize loss and damage responses.

Kenya has marked a pivotal moment in its climate change agenda, and indeed for the African continent, by becoming the first African country to receive technical assistance from the Santiago Network on Loss and Damage (SNLD). This achievement, announced by the Ministry of Environment, Climate Change & Forestry, Directorate of Climate Change, positions Kenya as a leader in global efforts to address the unavoidable impacts of climate change. The technical assistance is designed to bolster the nation's capacity to understand, plan for, and respond to the adverse effects of climate change, which are increasingly manifesting as severe droughts, floods, and unpredictable weather patterns.

This development is particularly significant given the growing global recognition of 'loss and damage' as a distinct pillar of climate action, separate from mitigation and adaptation. The Santiago Network, established under the United Nations Framework Convention on Climate Change (UNFCCC), serves as a critical mechanism to channel expertise and support to vulnerable developing countries. Kenya's successful application for this assistance highlights its proactive stance in navigating the complex landscape of international climate finance and technical cooperation. This article will delve into the legal and practical implications of this milestone, examining the framework of the Santiago Network, Kenya's existing climate change legislation, and the anticipated impact on the country's climate resilience strategies.

The concept of 'loss and damage' associated with the adverse effects of climate change gained prominence within the UNFCCC framework, leading to the establishment of the Warsaw International Mechanism for Loss and Damage (WIM) at COP19 in 2013. Building on this, the Santiago Network on Loss and Damage (SNLD) was established in December 2019 at COP25 in Madrid, under the Chilean Presidency. Its mandate is to catalyse technical assistance from relevant organizations, bodies, networks, and experts (OBNEs) to support developing countries in averting, minimizing, and addressing loss and damage associated with the adverse effects of climate change at local, national, and regional levels. The SNLD's functions, financing arrangements, governance, and institutional structure were further agreed upon during subsequent UN climate change conferences, including COP26, COP27, and COP28.

The Santiago Network operates through an Advisory Board, a network of designated OBNEs, and a Secretariat co-hosted by the United Nations Office for Disaster Risk Reduction (UNDRR) and the United Nations Office for Project Services (UNOPS). It complements the broader Loss and Damage architecture, including the Loss and Damage Fund (FRLD) adopted at COP28, by providing the technical assistance necessary for countries to effectively utilize such funds and implement their loss and damage responses. Kenya has a robust domestic legal and policy framework for climate action, anchored by the Climate Change Act, 2016. This Act provides a comprehensive framework for coordinating, planning, implementing, and monitoring climate change actions, establishing institutions such as the National Climate Change Council (chaired by the President) and the Climate Change Directorate. The Act mandates the development of five-year National Climate Change Action Plans (NCCAPs) and was amended in September 2023 to include a legal framework for carbon markets. Further, the National Climate Change Framework Policy (2016) and the National Climate Change Finance Policy (2016) provide overarching guidance for low-carbon, climate-resilient development.

Kenya's securing of technical assistance from the Santiago Network on Loss and Damage marks a critical step in operationalizing its climate resilience strategies. The support package, valued at approximately USD 700,000 (about KSh 90-91 million), is specifically earmarked for a comprehensive countrywide assessment of economic and non-economic loss and damage associated with climate change across all sectors. This assessment will cover the period from 2015 to 2025 and will also involve developing climate-related loss and damage scenarios up to 2035. The objective is to strengthen Kenya's capacities to identify, quantify, and document climate impacts, thereby informing medium-term planning and decision-making.

This technical assistance is crucial for Kenya as it will provide robust, evidence-based data to inform policy, planning, and resource mobilization efforts aimed at curbing climate-related loss and damage. The findings will guide current and future interventions, enabling more informed policy decisions, improving resource allocation, and strengthening the effective implementation of strategies to address existing impacts and reduce future risks. The SNLD's demand-driven approach ensures that the assistance is tailored to Kenya's specific needs, connecting the country with a diverse network of experts and resources.

While Kenya is the first African country, Vanuatu was the first nation globally to receive technical assistance from the Santiago Network, demonstrating the network's operational capacity to deliver tailored support to vulnerable developing countries. For Kenya, this technical assistance will have profound legal implications. The comprehensive assessment will feed directly into the mandates of the Climate Change Act, 2016, particularly in the development and updating of the National Climate Change Action Plans (NCCAPs) and the mainstreaming of climate change considerations into sectoral policies and plans. The data generated could necessitate new regulations or amendments to existing laws to better address specific types of loss and damage, such as those related to agriculture, infrastructure, or health. Furthermore, by providing robust data on loss and damage, this initiative will strengthen Kenya's position in advocating for and accessing further climate finance, including from the Loss and Damage Fund, by substantiating its funding requests with concrete evidence of climate impacts and needs.

Kenya's achievement in securing technical assistance from the Santiago Network on Loss and Damage is a landmark event, not only for the nation's climate resilience efforts but also for setting a significant precedent across Africa. It underscores the growing recognition of the urgent need to address climate-induced losses and damages, moving beyond traditional mitigation and adaptation frameworks. This technical assistance will be instrumental in providing Kenya with the scientific and empirical basis to formulate more effective, data-driven policies and strategies to protect its vulnerable communities and economic sectors from the escalating impacts of climate change.

For legal practitioners in Kenya, this development opens new avenues and demands specialized expertise. Attorneys will be increasingly involved in advising on the integration of loss and damage considerations into national and county-level planning, drafting new legislation or amendments based on assessment findings, and navigating the complexities of international climate finance mechanisms. Lawyers specializing in environmental law, public policy, and project finance will find opportunities in structuring climate-resilient investments, ensuring compliance with evolving climate regulations, and facilitating access to global climate funds. As Kenya embarks on this critical assessment, the legal community must remain vigilant, anticipating the policy shifts and regulatory reforms that will inevitably follow, and preparing to support the nation's journey towards a more climate-resilient future.