This revised questionnaire from TCLPs Raphael’s Procurement DD provides a framework for assessing supplier climate consciousness directly relevant to operating within Kenya's specific legal, regulatory, environmental, and socio-economic context. Changes are highlighted in BOLD, deletions are struck through, and key additions are summarized after each section.

The Changes are highlighted in Bold

DRAFT 4 - CLAUSE UNDER REVIEW!

Introduction

We are making this information request as part of our supplier due diligence questionnaire.

[Insert paragraph on the strategic importance of climate change issues to the Customer (for example, by reference to its corporate strategy), including alignment with Kenya's national climate goals under the Climate Change Act (2016), National Climate Change Action Plan (NCCAP), and Updated Nationally Determined Contribution (NDC)].

Accordingly, the Customer is making this information request to understand how the Supplier approaches climate change-related issues within the Kenyan operating environment and its supply chains. Please note the Response Guidelines below and provide your answers in the spirit of openness and transparency. The Customer does not expect the Supplier to be ‘perfect’ – especially considering the diverse nature of businesses in Kenya, including SMEs – and would prefer the Supplier to be honest if particular areas have not been addressed to date , outlining plans for future action where relevant.

Response Guidelines

[Drafting note: Standard Response Guidelines to be inserted by Customer’s legal advisers. Ensure these guidelines explicitly state that responses are expected to be proportionate to the Supplier's size, complexity, and sector within Kenya. SMEs are encouraged to describe practical steps, commitments, and future plans even if formal structures or comprehensive reporting are not yet in place.]

This is an initial request for information and we may ask for further information in due course.

Responses to this information request are subject to the warranties, guarantees and indemnities in the legal documents relating to the [tender OR services OR other].

Responding to this questionnaire shall not create the presumption of a legal relationship between the parties including but not limited to any contract.

Questionnaire

Governance

1. Does the Supplier have a formal board member, executive committee member, or senior manager (for SMEs, this could be the owner or designated manager) primarily accountable for climate risk measurement, management, and reporting, or access to a non-executive director/advisor with relevant sustainability experience? If yes, please detail their expertise, qualifications, or access to expert advice. 1.1. Please describe the frequency and processes used to inform this accountable person(s) of climate-related risks and opportunities relevant to Kenya. 1.2 Are any climate-related considerations factored into executive/senior management remuneration? If yes, what percentage of remuneration is linked to such considerations?
2. Details of how the Supplier integrates climate change and Kenya-specific just transition factors (e.g., job creation in green sectors, skills development for vulnerable communities, equitable benefit sharing, community engagement) into decision-making and operations, including: 2.1 How climate risk (including Kenya-specific physical risks like drought, flooding in ASALs, water scarcity, and impact on hydropower/agriculture), GHG Emissions, nature impacts, and just transition are reviewed by leadership for major decisions. 2.2 The process and outcome of decisions where these factors were disregarded in favour of other commercial factors.

~~3. Is the Supplier (or a group or parent company) required to report under the streamlined energy and carbon reporting (SECR) requirements in the Companies (Directors’ Report) and Limited Liability Partnerships (Energy and Carbon Report) Regulations 2018 (SI 2018/1155) or any similar legislations in the jurisdictions it operates? If so please provide copies of the last [●] years of reporting?~~3. Is the Supplier required to report under Kenya's Climate Change Act (2016), specifically Section 14 (Climate Change Action Plans), regulations issued by the Climate Change Council, or the Environmental Management and Co-ordination Act (EMCA)? If operating in other jurisdictions, please specify any similar mandatory reporting requirements. If subject to reporting, please provide copies of the last [●] years of relevant reports (e.g., Action Plans, Environmental Audit Reports, GHG Inventories).