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OVERVIEW

 

SEIC’s past, on-going and future projects have demonstrated that the Centre can be a focal point for research strengths with respect to external users of that research, a key example is its Empowering Africa Research project. This project also demonstrated that SEIC can be a useful vehicle for stimulating research activities that require interdisciplinary, interuniversity and/or interuniversity/industry collaboration. SEIC through its on-going activities such as the Extractives Baraza, has provided opportunities to secure additional funding and illustrate to core funders a sustainable approach to be less reliant on donor funding.

 

SEIC throughout all its activities has sought to incorporate graduate and undergraduate students to participate in its research and training opportunities. SEIC has with the help of the university HR department provided employment opportunities to students through internships and other employment opportunities. The book projects and the Extractives Baraza are good examples of this.

 

EXTRACTIVES BARAZA

 

The Extractives Baraza ("EB") is a multi-sector advocacy-neutral public platform that aims to facilitate access to information and foster meaningful stakeholder engagement in the extractives industry in Kenya and the broader African region.

It is the most comprehensive information platform to date, in Kenya, which incubates existing laws, tools, research, knowledge materials, analysis and insights gathered from all stakeholders in Kenya's extractives sector into one single place.

The Extractives Baraza lays out a structured approach for accessing information using three core concepts: Inform, Connect, Transform.


The Extractives Baraza went live on 15th March   2017 and guides users to source the information they need. For the first time in Kenya, the platform provides users from anywhere in the world, with access to a broad knowledge database that can be filtered by topic-specific information.

The platform is currently hosted at Strathmore University and is funded by the Department for International Development ("DFID") under its Kenya Extractives Program ("KEXPRO"). However, the platform acts independently of these partners, and aims to promote helpful dialogue and understanding by all those interested or affected by the extractive sector in Kenya.

 

The platform provides relevant and credible information on Kenya's developing extractives sector to all – citizens, investors, civil society organizations, the Kenyan Government and other stakeholders. Furthermore the Extractives Baraza holds events such as expert forums and engage in other activities that help build capacity and cooperation amongst the industry's stakeholders.

 

KENYA LOCAL CONTENT EXCHANGES

 

The World Bank Group, within the framework of the Petroleum Business Opportunities (PBO) project, in partnership with Strathmore University Extractive Industry Center (SEIC), Extractives Baraza, and DAI Global, launched the “Kenya Local Content Exchanges” a three-part series of roundtable discussions addressing local content in Kenya’s emerging petroleum sector. The event events are aimed at facilitating local content discussion amongst key public, private, and civil stakeholders in Kenya’s petroleum sector.

 

Local content is an evolving topic for foreign direct investment in the extractive industry around the world. Following successful exploration in 2012, resulting in initial estimates of up to 750 million barrels of oil, the local content debate in Kenya has intensified as operators prepare to move into the development phase of the projects. These developments have generated significant expectations across Kenya’s various stakeholder groups, particularly in the private sector and civil society. There is an urgent need to build a structured and facts-based engagement process, bringing together key stakeholders from all sides of the Kenya local content debate and to drive a shared vision for the country’s petroleum sector.

 

 AFRICAN JOURNAL ON ENERGY AND MINERAL LAW

 

This is Africa’s first dedicated online journal on Sustainable Development of Energy, Natural Resources and Environmental Law.

The Journal is an annual peer-reviewed academic journal, based at Strathmore Law School, specializing in African and international sustainable development of energy, natural resources and environmental law. The Journal is an open-access publication that aims to promote scholarly contributions which invite inclusive discourse on sustainable development of energy sources, natural resources, and the environment.

The mission of the journal is to promote and spread knowledge not only concerning energy, natural resources, and environmental law, but also specialist knowledge derived from national and international research in which sustainable development is a vital concept. The Journal editors in cooperation with the advisory board have extensive academic and practical experience in the field of energy, natural resources, and environmental law. 

Authors publishing in the Journal retain the copyrights in their work and are guaranteed a swift but qualitative publishing process. Submissions are invited and will be expected to conform to the guidelines provided. For more information and for subscription or submission of papers please visit http://extractives-baraza.com/african-journal-on-energy-and-mineral-law

 

 

CORPORATE SOCIAL RESPONSIBILITY PROJECT

 

1. Research Topic

The overall research topic of this project can be described as follows: what are the main legal challenges for the sustainable development of Corporate and Social Responsibility (CSR) within the extractive industries, and to what extent are these concerns relevant for the design of corresponding models in countries with unexplored resources?

 

2. Synopsis of the Project

A first and intermediate objective of this research project is to analyse the legal challenges faced by certain countries with significant experience with extractive resources developments in order to understand to legal challenges they faced to develop CRS in a positive and sustainable manner outside the African continent.

 

This research raises at least the following questions:
(1) How to establish a sustainable development of extractive resources?
(2) How to engage the community development in a sustainable manner (e.g. local content)? 
(3) How to create a positive impact and benefits to the society as a whole without jeopardizing the entire enterprise?

 

A second and ultimate research objective of this research project is consequently to analyze the implication of these experiences within the African continent with potential or significant amount of extractive resources.

 

3. Outcome

The expected outcome of this project should be published as two separate books between 2018 and 2020. The project should also preferably develop seminars, conferences and workshops to disseminate the findings and recommendations to the target countries and a wider industry to the extent funding is available. 

 

4. Participation

We envisage five ways to participate in the project: as a host/organizer, as member of the advisory board, as contributing author, as an institutional support or through sponsorship. We will aim to include relevant key stakeholders, industry players, host governments and third parties within the target countries in the project.

 

 4.1. Host/organizer

 The Strathmore University (Kenya) and Murdoch University (Australia) should take the lead to create and coordinate this project. These entities shall be responsible to select the contributors from the target countries.

 

 4.2. Advisory Board

Key stakeholders and industry players within the target countries are invited to be part of our advisory board. We are always open to accept new members through the duration of our Project. This is a voluntary position without any obligation attached to this role. The advisory board will provide a forum for the exchange of ideas, experiences and recommendations.

 

4.3. Contributors

This project will collaborate with a variety of leading experts across the target jurisdictions. We are always open to accept new members through the duration of our project.

 

 4.4. Institutional Support

Institutions and organizations related to natural resources are invited to be part of our institutional support. This institutional support is a recognition of the relevancy of our project.

 

 4.5. Sponsorship

 This project is considering applying for funds within the industry, target and interested host governments, institutions, and third parties.

 

Project Coordinators and Editors

Prof. Eduardo G. Pereira, Strathmore University

Jonah Mngola, Strathmore University

Rochelle Spencer, Murdoch University

 

MINERAL LAW IN AFRICA PROJECT & COLLOQIUAL

 

The Mineral Law in Africa Project is a collaborative effort between academics from across Africa to create a series of books, to be published by Juta Law Publishers, dedicated to mineral law and governance in Africa. The aim of each of these publications will be to analyze the relationship between the law, governance and the promotion of socio-economic development in sub-Saharan Africa in as far as it pertains to minerals (including oil and natural gas).

 

SEIC has been tasked with coordinating efforts towards achieving the first text on Mineral Law in Africa for Kenya. SEIC subsequently hosted a colloquium in March 2018 at the Strathmore University Law School, which was open to all the other contributors throughout Africa working on the project. The text is expected to be published at the end of 2019.

  

 

MINING 4I

 

This is an annual event that focuses on the use of technical innovation in Kenya’s Mining sector to adapt to current market conditions in the wake of the slump in major mineral prices. It aims to provide participants with insights on industry trends involving innovation and technology in mining projects as well as an opportunity to network with like-minded individuals/institutions.

 

Through research, it has been discovered that most communities from the mining regions in Kenya have over the decades devised and improvised means to improving their trade. Young innovators from various institutions in Kenya and community representatives are given a chance to plug into the four pillars of Mining 4i namely information, investment, innovation and interaction.


The event brings together stakeholders in the mining sector, representatives from the government, law firms and academic institutions. So far, SEIC and the Extractives Baraza in collaboration with Kipya Africa have successfully held 5 Mining4i Forums, with the 5th Mining4i Forum having been hosted on 9th July 2019.

 

Energy 4I

 

Owing to the success of the Mining 4I forums, the Energy 4I is a sequel that focusses more on the needs of the larger energy sector. The first Energy 4i ran under the theme, ‘Advancing Local Content Innovations in Energy and Petroleum among Youth in Africa’. The Energy 4I forums focus on the use of technical innovation in East Africa’s energy sector to adapt to the current market conditions. Participants gain insights on industry trends involving innovation and technology in energy projects as well as an opportunity to network with like-minded individuals/institutions.

Energy 4I brings together high-level representatives of the private sector and other representative bodies of the energy sector with the main objective to provide young Africans with an opportunity to showcase their innovations in the energy sector to energy stakeholders and senior professionals so as to enhance and facilitate the four I’s: Information, Investment, Innovation and Interaction.

 

CAPACITY BUILDING / TRAINING

 

Executive Course on Oil & Gas: Together with the National Oil Corporation of Kenya, SEIC conducts bi-annual executive courses on Oil & Gas targeting mid to senior non-industry professionals, including business executives and legal practitioners.

 

Columbia Centre on Sustainable Investment (CCSI)/Ministry of Mining Training 4th November 2015: SEIC co-hosted a forum on e-tools and e-resources to improve the governance of Kenya’s mining sector. In attendance was the Cabinet Secretary of Mining and officials from Kenya Revenue Authority, Ministry of Environment, National Oil Corporation of Kenya, among others.

 

Judiciary Training: Together with the International Commission for Jurists ICJ (Kenyan Chapter), SEIC is currently planning to conduct training for High Court Judges in the Constitutional, Commercial and the Environment and Land Court on the regulatory framework, as well as the socio-economic contextual realties of extractive projects.

 

LLM in Oil and Gas Law and LLB Program (Sept 2016 – March 2018) on an Introduction to Oil and Gas (November 2015-March 2016): the LLM in Oil and Gas law was rolled out in January 2018 (see the Strathmore University website and the Strathmore University School of Law website).

 

In-House Training Program: SEIC conducts specially tailored interactive In-House trainings for law firms and/or other business entities on Oil, Gas and Mining.

 

SEIC together with the Strathmore Tax Research Centre carried out an Executive Course in the Taxation of Upstream Oil & Gas Projects. The course had been tailored specifically for the taxation of onshore and offshore upstream oil and gas projects and provided participants with an overview of certain rules, principles and policies that make up some of the primary aspects of upstream taxation and the application of some of these issues in the context of production sharing agreements.

 

African Mining Legislation Atlas (AMLA) : Strathmore Extractives Industry Center (SEIC) together with the Africa Legal Support Facility (ALSF) at the Strathmore University  Law School  has successfully  hosted  two AMLA workshops; In 2017, SEIC hosted the  African Mining Legislation Atlas (AMLA) Workshop on campus at the Strathmore University, Nairobi Kenya  and in 2018, SEIC collaborated with the University of Kigali (UoK) to host the 2018 AMLA Workshop in Kigali, Rwanda.

 

The AMLA workshops constitute of a ten-day regional workshop aimed at discussing issues around the sustainable development of Africa’s mining sector.

The AMLA Project is one of the flagship projects of the ALSF implemented with different partners including the World Bank’s Legal Vice Presidency, the Extractive Industries Technical Assistance Facilities (EI-TAF), the African Union Commission (AUC), and several African University law faculties.

 

This workshop has gathered legal academics and practitioners in mining sector that serve as advisory to the Legal Research Team (LRT) to facilitate knowledge sharing and the creation of a network of specialized African experts.

 

RESEARCH

 

Realising the SDGs: The role of responsible business: The research project will in particular look at the process of human rights due diligence outlined in the UN Guiding Principles on Business and Human Rights (UNGPs) and aligned standards such as the OECD Guidelines for Multinational Enterprises.

 

The project’s main objective is to facilitate better informed decision-making regarding policy instruments to promote responsible business conduct and UNGPs operationalisation, and thereby realisation of SDG 8 and SDG 16 and compliance with ILO Core Labour Standards.

 

ASM Mining in Migori, Kenya: Conducting research on Artisanal and Small Scale Mining sector in Migori County and gender dimensions within the sector. Generating focus group discussions with women working in the Nyatike mines, the communities surrounding the mines; and key informant interviews with government officials in the Ministry of Mining, private sector, non-state actors and inter-governmental agencies within that sector. Collating, analyzing research findings, generating report on research findings and disseminating information.

 

Kerio Valley, Kenya: Together with the International Senior Lawyers Project (ISLP) based in NYC, USA and the Justice Accountability Project (JCAP) based in Canada, SEIC is working with communities in Kerio Valley in strengthening their negotiation and mediation skills with oil companies. The project promotes access to information and facilitates participatory development for local communities who may be impacted by planned oil exploration and development activities in the region.

 

CSR Project: Re-imagining Corporate Social Responsibility in Extractives and building a sustainable business model based on shared value. Carrying out research on linkages between poverty reduction, inequality and the performance of extractives companies operating in Kenya through the prism of Corporate Social Responsibility (CSR). The project aims to provide an in-depth understanding of local extractive industry company-led initiatives and projects that can be considered good sustainable practices.

 

Empowering Africa Project: SEIC together with the Strathmore Energy and Research Centre and the Strathmore Business School carried out research to identify business opportunities in the Energy sector. The research led to the development of case studies and a training course that was delivered to high level CEO’s. This has also spurned to business ideas within the sector and investment. This is an example of how SEIC has played an important role in stimulating and supporting interdisciplinary research on campus and broadening the knowledge base which leads to new discoveries.

 

POLICY DEVELOPMENT

 

Transparency and accountability:  engaged by the Government of Kenya (GoK) through the World Bank funded Kenya Petroleum Technical Assistance Project (KEPTAP), Strathmore Extractive Industries Centre (SEIC) is currently undertaking research on Transparency and Accountability in the Petroleum sector. The overall objective of this project is to support the Government of Kenya in its commitments towards improving Transparency & Accountability across the petroleum value chain by proposing an applicable governance structure for the Transparency and Accountability in Petroleum framework.

 

Republic of Somalia: Engaged by the Ministry of Petroleum and Natural Resources and the Somali Centre for Natural Resources, a Non-governmental organization based in Somalia, to develop sustainable development policies on Somalia’s oil and gas extractive industry which will ultimately culminate to legislation governing the industry.

 

Taita-Taveta County, Kenya: Advising the County Government in developing policy, legislation and regulations that would govern the mining sector in Taita-Taveta County. The County has confirmed commercial reserves of gemstones, iron ore, manganese and also has the country’s largest ASM workforce.

 

The Petroleum (Exploration, Development and Production) Bill: Provided parliament with comments to the Petroleum bill based on international best practices and research, the same comments were adopted at a sitting in parliament. The bill is still undergoing its legislative process.

 

Policy Briefs: SEIC has on a quarterly basis disseminated to the wider public policy briefs that seek to inform the industry and key stakeholders of developments and laws. This role has since been delegated to the extractives baraza which is now incorporated under SEIC and is hosted at the law school.

 

Contact Details

Madaraka Estate, Ole Sangale
P.O. Box 59857 00200
City Square, Nairobi, Kenya.
Tel.: +254 (0) 703 034 601/604
Fax: +254 (0) 703 034 000/300
Email: seic@strathmore.edu

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