E2654 V12 - World Bank Documents
176
MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT KENYA INFORMAL SETTLEMENT IMPROVEMENT PROJECT ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) PROJECT REPORT FOR THE PROPOSED INFRASTRUCTURE UPGRADING PROJECT IN SWAHILI AND KARIOBANGI INFORMAL SETTLEMENTS IN MACHAKOS MUNICIPALITY JANUARY 2014 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized
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Transcript of E2654 V12 - World Bank Documents
MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT
KENYA INFORMAL SETTLEMENT IMPROVEMENT PROJECT
ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT
(ESIA) PROJECT REPORT
FOR
THE PROPOSED INFRASTRUCTURE UPGRADING PROJECT IN SWAHILI AND KARIOBANGI INFORMAL SETTLEMENTS IN MACHAKOS MUNICIPALITY
JANUARY 2014
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E2654 V12
2
DECLARATIONS
EIA/EA LEAD EXPERT:
I/We, the undersigned, submit that the particulars given in this ESIA report for the Proposed
Infrastructure Upgrading project for Swahili and Kariobangi Informal Settlements in Machakos
District, Machakos County are correct to the best of my/our knowledge
Name: ____________________________
Registration No. :
Sign:______________________ Date:____________________
Designation:__________________
THE PROPONENT: Ministry of Lands, Housing and Urban Development
I/We certify that all the information provided herein for the purpose of this Environmental and Social
Impact Assessment Project Report is true to the best of my/our knowledge.
Name: ____________________________
Sign:______________________ Date:____________________
Designation:_____________________
3
This report has been prepared by CAS Consultants Consulting Engineers (“CAS”) and IPE Global Pvt Ltd (“IPE”) for the Ministry of Lands, Housing and Urban Development, Government of Kenya (the “Recipient”).
Contacts:
Eng. Sebastian Mputhia Mwarania
Director
CAS Consultants Consulting Engineers
Rhapta Road (Westlands) Nelleon Place
P.O Box 20023—00200, Nairobi Tel: 4445240/65
Mobile: +254 723750397 Fax: 020-4440049 Nairobi
Email: [email protected]
Web: www.casconsult.co.ke
Sidhartha Patnaik
Regional Director & Country Head,
IPE Global (Pvt) Limited
The Rahimtulla Tower, No. 4 Upperhill Road
P.O Box 40324-00100, Nairobi
Tel: 2710644 Mobile: +254 789219607
Email: [email protected] Web: www.ipeglobal.com
Dr. Swapan Kanti Chaudhuri
Economist
IPE Global (Pvt) Limited IPE Towers,
B-84, Defence Colony, Delhi - 110 024 , India
Tel: +91 (11) 40755900 Mobile: +919811213272
Email: [email protected] Web: www.ipeglobal.com
Ken Koech Kibet
Environmental and Social Specialist
CAS Consultants Consulting Engineers
Rhapta Road (Westlands) Nelleon Place
P.O Box 20023—00200, Nairobi
Tel: 4445240/65 Mobile : +254 736122920
Fax: 020-4440049 Nairobi
Email: [email protected] Web: www.casconsult.co.ke
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Report
This report is the Environmental and Social Impact Assessment Report (ESIA) for the proposed infrastructure upgrading of Swahili and Kariobangi informal settlements in Machakos County.
**Project Summary of BoQs is provided as Appendix 8.
Fact Sheet
Project name Kenya Informal Settlements Improvement Project (KISIP)
Assignment Name Consultancy Services for Socio Economic Surveys, Infrastructure Upgrading Plans, and Detailed Engineering Designs in Informal Settlements
Lead implementing agency Ministry of Lands, Housing and Urban Development
Funding Agency World Bank
Consultants CAS Consultants and IPE Global
Start Date 22 August 2012
Completion Date 31 October 2013
Team Leader Dr. Eng. Sebastian Mwarania
Deputy Team Leader Sidhartha Patnaik
Target Settlements Swahili and Kariobangi Settlements in Machakos
Project Est Cost 594,127,602.50**
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TABLE OF CONTENTS
10 LIST OF TABLES 14
11 LIST OF FIGURES 15
12 ACRONYMS AND ABBREVIATIONS 16
13 EXECUTIVE SUMMARY 18
1 CHAPTER ONE – INTRODUCTION 23
1.1 Project Background 23
1.2 Objectives of the ESIA 25
1.3 Scope of the study 25
1.4 Consultancy Terms of Reference 25
1.5 ESIA Approach & methodology 26
1.5.1 Screening 26
1.5.2 Scoping 26
1.5.3 Baseline study 27
1.5.4 Desktop Study 27
1.5.5 Public participation 27
1.5.6 Reporting 27
2 CHAPTER TWO – PROJECT DESCRIPTION 28
2.1 Project Location 28
2.2 Project’s overall Objective 28
2.3 Project Description and Design 28
2.3.1 Roads 29
2.3.2 Drainage works 31
2.3.3 Water and Sewerage 31
2.3.4 Solid Waste Management 31
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2.3.5 Street lighting 34
2.4 Description of Project’s Constructional Activities 34
2.4.1 Construction procedures 34
2.4.2 Materials, inputs and technology at the construction phase 34
2.4.3 Potential wastes at the construction phase 35
2.4.4 Waste Management during the construction phase 35
2.5 Description of Project’s operational activities 36
2.5.1 Potential wastes generated at the Operational phase 36
2.6 Project’s decommissioning activities 36
2.6.1 Potential wastes generated at the decommissioning phase 37
2.7 Project Justification 37
3 CHAPTER THREE – BASELINE INFORMATION OF THE STUDY AREA 38
3.1 Socio-economic characteristics of the project area 38
3.1.1 Macro-economic setting 38
3.1.2 Population 39
3.1.3 Poverty and income levels 39
3.1.4 Education 39
3.1.5 Health and Social issues 40
3.2 Bio- physical Environment 40
3.2.1. The Geography 40
3.2.2. Climate 41
3.2.3. Geology and Soils 41
3.2.4 Water Resources 41
3.2.5. Flora and Fauna 41
3.3 Land Use 42
3.3.1 Land Tenure and land ownership 43
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3.4 Infrastructure and services 43
3.3.1 Roads 44
3.3.2 Energy 45
3.3.3 Water Supply 45
3.3.4 Sewerage and drainage 46
4 CHAPTER FOUR – POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORKS 48
4.0 Introduction 48
4.1 World Bank’s Safeguard Policies 48
4.1.1 World Bank Safeguard Policy 4.01- Environmental Assessment 48
4.1.2 World Bank Safeguard Policy 4.04 - Natural Habitats 48
4.1.3 World Bank Safeguard Policy 4.36 – Forests 48
4.1.4 World Bank Safeguard Policy 4.09 - Pest management 49
4.1.5 World Bank Safeguard Policy 4.11 – Physical Cultural Resources 49
4.1.6 World Bank Safeguard Policy 4.10 – Indigenous People 49
4.1.7 World Bank Safeguard Policy 4.12 – Involuntary Resettlement 49
4.2 National policy framework 50
4.2.1 KISIP’s Environmental and Social Management Framework (ESMF) 50
4.2.2 National Environmental Action Plan (NEAP) 50
4.2.3 Environmental & Development policy (Sessional Paper No. 6 of 1999) 50
4.2.4 The Kenya Vision 2030 51
4.2.5 The National Poverty Eradication Plan (NPEP) 52
4.1.6 The Poverty Reduction Strategy Paper (PRSP) 52
4.1.7 National Policy on Water Resources Management and Development 52
4.3 Legal Framework 52
4.3.1 The Constitution of Kenya 53
4.3.2 Environment Management and Co-ordination Act, 1999 53
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4.3.3 The Water Act (Act No.8 of 2002) 54
4.3.4 The Local Government Act (CAP 265) 54
4.3.5 Occupational Safety & Health Act, (OSHA) 2007 56
4.3.6 The Public Health Act (Cap 242) 58
4.3.7 The Physical Planning Act (Cap 303) 59
4.3.8 The Penal Code 60
4.3.9 The Land Registration Land Act, 2012. 60
4.3.10 The Land Act, 2012 60
4.4 Regulatory Framework 61
4.4.1 EMCA (Water Quality) Regulations, 2006 61
4.4.2 EMCA (Waste Management) Regulations, 2006 61
4.4.3 Environmental (Impact Assessment and Audit) Regulations of 2003 62
4.4.4 Noise and Excessive Vibration Pollution Control Regulations, 2009 64
4.4.5 Air Quality Regulations 65
4.4.6 Biodiversity Regulations 66
4.5 Institutional Framework 66
4.4.1 Institutional framework for EIA under EMCA 66
4.4.2 Institutional framework under KISIP 68
5 CHAPTER FIVE – PUBLIC PARTICIPATION 69
5.1 Background 69
5.2 Objectives 69
5.3 Methodology 70
5.3.1 Public baraza/meeting 70
5.3.2 Focused Group Discussion 70
5.3.3 Direct Interviews 70
5.3.4 Questionnaire administration 70
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5.4 Outcome 71
6 CHAPTER SIX – ANALYSIS OF PROJECT ALTERNATIVES 73
6.1 No Project alternative 73
6.2 Alternative location/settlement 73
6.3 Alternative design and Technology option 75
6.4 Current project option 75
7 CHAPTER SEVEN –THE POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS 77
7.1 Positive Impacts during the Planning and Design Phase 77
7.1.1 Employment Creation 77
7.1.2 Capacity building and awareness creation 77
7.2 Negative Impacts during the Planning and Design phase 78
7.3 Positive Impacts during the Construction Phase 78
7.3.1 Creation of employment 78
7.3.2 Improved economy 78
7.3.3 Improved living standards 78
7.4 Negative Impact during the Construction Phase 79
7.4.1 Loss of Vegetation 79
7.4.2 Soil erosion and disturbance 79
7.4.3 Impact on local hydrology and drainage 79
7.4.4 Displacements and Resettlements 80
7.4.5 Interference of utilities/services routes 80
7.4.6 Solid waste generation 80
7.4.7 Increased energy and water use 81
7.4.8 Liquid waste generation 81
7.4.9 Hazardous spills 82
7.4.10 Air emissions from dust and exhausts 82
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7.4.11 Noise and Vibration 82
7.4.12 Public/occupational health and safety impacts 83
7.4.13 Influx of immigrant workers 84
7.5 Positive Impacts during the Operational Phase 84
7.5.1 Improved living conditions and health in the settlements 84
7.5.2 Promotion of secondary development 84
7.5.3 Improved service delivery, emergency preparedness and response 85
7.5.4 Improved environmental aesthetics in the settlement and reduced pollution 85
7.5.5 Community participation in environmental management at the settlements85
7.5.6 Expanded urban infrastructure 85
7.6 Negative Impacts during the Operation Phase 86
7.6.1 Increased demand for water and energy 86
7.6.2 Strained capacity of the public sewerage treatment facility 86
7.6.3 Increased runoff and alteration of local hydrology 86
7.6.4 Rise in the cost of living 86
7.6.5 Changing land use 86
7.7 Positive Impacts during the Decommissioning Phase 86
7.7.1 Availability of land/space 86
7.7.2 Rehabilitation of the site 87
7.7.3 Employment opportunities 87
7.7.4 Less strain on utilities 87
7.7.5 Reduced traffic related accidents 87
7.8 Negative Impacts during the Decommissioning Phase 87
7.8.1 Impacts on service delivery 87
7.8.2 Reduced accessibility 87
7.8.3 Impacts on health and sanitation 87
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7.8.4 Waste generation 87
7.8.5 Increased vandalism and petty crimes 87
7.9 Environmental and Social Impact Evaluation 88
8 CHAPTER EIGHT – IMPACT MITIGATION AND MONITORING PLAN 95
8.1 Mitigation of Planning and Construction Phase Impacts 95
8.1.1 Displacement and Resettlements 95
8.1.2 Minimizing vegetation cover loss 95
8.1.3 Soil erosion and disturbance mitigation 95
8.1.4 Mitigation of impacts on local hydrology and drainage 95
8.1.5 Minimizing interruptions of services and installations 96
8.1.6 Solid waste management 96
8.1.7 Liquid waste management 96
8.1.8 Energy and water use management 96
8.1. 9 Hazardous wastes/Spills management 96
8.1.10 Management of Air emissions 97
8.1.11 Noise and vibration management 97
8.1.12 Public and occupational safety 97
8.1.13 Influx of immigrant workers 98
8.2 Mitigation of Operation Phase Impacts 98
8.2.1 Ensuring commensurate sewerage treatment and water supply 98
8.2.2 Managing increased runoff 98
8.2.3 Changing land use management 98
8.2.4 Water and energy use 98
8.3 Mitigation of Decommissioning Phase Impacts 99
8.3.1 Ensuring service delivery is not interrupted 99
8.3.2 Management of solid waste 99
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8.3.3 Reduction of dust/air emissions 99
8.3.4 Minimizing noise and vibrations 99
8.4 Environmental and Social Monitoring Plan 104
8.5 Costs for Monitoring 106
8.6 Environmental Training and Awareness 106
8.7 Environmental Risk Management 106
8.8 Emergency Procedures 107
8.9 Environmental Audits 107
8.10 Occupational Health / Safety Audits 108
9 CHAPTER NINE: ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN 109
9.1 Responsibilities 109
9.1.1 Ministry of Land, Housing and Urban Development 109
9.1.2 National Environment Management Authority 110
9.1.3 The Resident Engineer and Environmental and Social Officer 110
9.1.4 The Contractor 110
9.1.5 Local Authorities 111
9.2. Uncertainty in ESMP 111
9.3 ESMP Management Records 111
9.4 Auditing of the ESMP 112
9.5 Environmental and Social Management Plan 112
10 CHAPTER ELEVEN - CONCLUSIONS AND RECOMMENDATIONS 121
10.1 Conclusions 121
10.2 Recommendations 121
11 REFERENCES 122
12 123
13
13 APPENDICES 124
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LIST OF TABLES
Table 1: Summarized Environmental and Social Impacts and mitigation measures .............................................. 20
Table 2: Prioritization of investments in Machakos ............................................................................................. 29
Table 3: Summary of issues of concern and proposed mitigation measures ............................................................. 71
Table 4: Potential positive environmental and social impacts for the proposed project.............................................. 89
Table 5: Prediction of adverse environmental and social impacts for the proposed project ......................................... 90
Table 6: Summary of impacts and mitigation measures ..................................................................................... 101
Table 7 Environmental Monitoring Plan ........................................................................................................ 104
Table 9.1: Environmental Social Management Plan and Monitoring ................................................................... 114
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LIST OF FIGURES
Figure 1: Map showing the project location of the settlements in Machakos ........................................................... 28
Figure 2: Kariobangi settlement aerial view showing coverage of of the proposed roads ............................................. 30
Figure 3: Swahili settlement aerial view showing coverage of of the proposed roads ........................................................ 31
Figure 4.1. Community Cooker Layout. .................................................................................................................... 33
Figurer 4: A rental house in Kariobangi settlement ..................................................................................................... 39
Figure 5: Unsanitary conditions and dumping solid waste in the settlements ................................................................. 40
Figure 6: Cultivated crops in the settlements (Kariobangi) ........................................................................................... 43
Figure 7: section of a road (paved) .............................................................................................................................. 44
Figure 8: Access corridors in Swahili settlement .......................................................................................................... 44
Figure 9: Water kiosk and a vendor supplying water .................................................................................................. 46
Figure 10: Outlets discharging raw sewage from residential houses in Kariobangi ......................................................... 47
Figure 11: Public participation meetings in Kariobangi and Swahili Village ............................................................... 70
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ACRONYMS AND ABBREVIATIONS
Cap - Chapter
CBO - Community Based Organisation
CDF - Constituency Development Fund
CEMP - Community Environment Management Plan
DEC - District Environment Committee
E - East
EA - Environmental Audit
EHS - Environmental Health and Safety
EIA - Environmental Impact Assessment
EIAPR - Environmental Impact Assessment Project Report
EMCA - Environment Management and Coordination Act 1999
EMP - Environment Management Plan
ESMF - Environmental & Social Management Framework
FBO - Faith Based Organisation
GDP - Gross Domestic Product
GOK - Government of the Republic of Kenya
KISIP - Kenya Informal Settlements Improvement Project
KLGRP - Kenya Local Government Reform Programme
KMP - Kenya Municipal Programme
Ksh - Kenya Shillings
KURA - Kenya Urban Roads Authority
LA - Local Authority
LATF - Local Authorities Transfer Fund
LN - Legal Notice
L. R. No. - Land Registration Number
m - Metre
CGM - County Government of Machakos
MEMR - Ministry of Environment and Mineral Resources
MLHUD Ministry of Lands, Housing and Urban Development
N - North
NEAP - National Environment Action Plan
NEAPC - National Environment Action Plan Committee
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NEC - National Environment Council
NEMA - National Environment Management Authority
NET - National Environment Tribunal
NGO - Non Governmental Organisation
NOX - Nitrogen Oxides
NPEP - National Poverty Eradication Plan
ODP - Ozone Depleting Potential
ODS - Ozone Depleting Substance
OP - Operational Policy
OSHA 2007 - Occupational Safety and Health Act 2007
p.a - Per annum
p.m - Per month
PCC - Public Complaints Committee
PPE - Personal Protective Equipment
PRSP - Poverty Reduction Strategy paper
RAP - Resettlement Action Plan
RLA - Registered Land Act
SEC - Settlement Executive Commitee
RPF - Resettlement Policy Framework
TOR - Terms of Reference
UNCBD - United Nations Convention on Biological Diversity
UNCCD - United Nations Convention to Combat Desertification
UNCED - UN Conference on Environment and Development
UNEP - United Nations Environment Programme
WB - World Bank
WHO - World Health Organization
WSSD - World Summit for Sustainable Development
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EXECUTIVE SUMMARY
This report covers an Environmental and Social Impact Assessment (ESIA) undertaken for the Kenya
Informal Settlement Improvement Project (KISIP) for a proposed upgrade of Swahili and Kariobangi
informal settlements in Machakos Municipality. The Kenya Informal Settlement Improvement Project
(KISIP) is Government of Kenya (GoK) initiative whose overall development objective is to improve
living conditions in slums and informal settlements. The project which currently covers 15
Municipalities in Kenya is being implementing by the Ministry of Lands, Housing and Urban
Development and brings together relevant Ministries, Municipal Councils and other stakeholders.
Machakos is among the 15 selected Municipalities to participate. The upgrade of Swahili and
Kariobangi informal settlements will be implemented under KISIP’s Component 3: Investment on
Infrastructure and Service Delivery.
This ESIA was done in line with the requirements of Environmental Management and Coordination
Act (EMCA) 1999 and Environmental (Impact Assessment and Audit) Regulations 2003 among other
legal and regulatory frameworks. It has been based on the Environmental and Social Management
Framework (ESMF) developed by the MoH and complies with the World Bank’s Social and
Environmental policies. The study adopted the standard methodology that included screening, scoping,
baseline studies, public consultation and desktop study. Previously under phase 1 activities of the
project component, an Inception, a Socio-Economic Survey and an Environmental and Social
Screening reports were developed as part of a process that would contribute not only to this study but
the final project output.
The settlements selected for upgrade: Swahili and Kariobangi are located within the Municipality
Machakos. Swahili which is traced back to pre-colonial period is older of the two. Kariobangi started in
early 90’s. The population of the settlements is approximately 10,000 distributed in over 2000
households. The environmental and health conditions are generally deplorable in the two settlements.
The settlements are not adequately covered by water and sewerage infrastructure. Storm and waste
water drainage is poorly developed leaving the settlements vulnerable to flooding particularly during the
rainy season; poor collection and disposal of solid waste is also a major issue. The Slum Upgrading Plan
(SUP) for Machakos entails six components: roads; drainage, solid waste, liquid waste, water supply;
and street lighting.
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The conditions in the settlements justify the need to under this project. KISIP aims at the ground level
problems in the slums and informal settlements as a way of addressing poverty and challenges faced by
the urban poor in accessing services due to lack of basic infrastructure. The proposed intervention by
project will significantly reduce the harm caused on the environment due to pollution from waste
stream from the residences, the project as proposed a community cooker to curb the low density
plastics and other materials by converting them into energy to be utilized by the community. The
project contributes to the realization of the goals of the Vision 2030 and Millennium Development
Goals locally.
Impacts and Mitigation Measures
The ESIA identifies adverse environmental and social impacts resulting from investments in roads,
sewerage, water supply and sanitation infrastructure proposed in the project; and provides mitigation
measures to minimize or even avoid the negative impacts. Positive impacts due to the proposed project
have also been identified. The following potential positive environmental and social impacts are
associated with the proposed project:
Employment Creation
Creation of business opportunities for the material suppliers, food vendors
Improved road accessibility
Better storm water evacuation
Improved sanitation due better sewer disposal
The potential negative environmental and social impacts associated with the development include the
following:
Displacements;
Increased run-off and erosion of soil
Waste generation – Solid and Liquid
Hazardous spills – Oil and fuel
Public and workers Safety
Increased demand for water and energy
Influx of speculative workers
Interference with installations, service routes and utilities
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Pressure to public systems and facilities
A summary of environmental and social impacts on the various components of the environment
covering all project phases are presented in the table below:
Table 1: Summarized Environmental and Social Impacts and mitigation measures
Environmental
and Social
Components
Potential Impacts Mitigation Measures
Land Vegetation loss due to constructional activities, minimal impacts since no significant vegetation cover
Excavation activities may expose soil to the elements thus getting eroded
Solid waste: Construction waste including excavated soil, packaging waste and construction crew generating waste, Waste from households
Hazardous spills could potentially occur while handing hazardous substances including oil, fuel, and chemicals. Accidental spillages could cause soil contamination
Clear vegetation only where necessary
Avoid vegetation clearance on sloping surfaces where possible
Balance cut and fill operations and ensure only parcels of land for infrastructure development is cleared
Provide sufficient strutting and shoring of critical excavation areas; Prevent undue movement/transportation of soil materials from the site;
Reduction, reuse and recycling strategies to minimize waste
Segregation , proper collection and disposal of solid waste
Spills response and containment strategy to be put in place
Proper disposal of contaminated soil
Water Alteration of local hydrology and drainage leading to increased run-off
Discharge of untreated sewer during the operation phase
Increased water demand
Limiting compaction activities to the areas where construction work is undertaken only
Provide proper drainage for Dispose all untreated waste water
through the public sewer system Consider water harvesting and
water conservation measures including treating and reuse
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Air Dust emission during construction
Exhaust emissions from vehicle and construction equipment
Odours from untreated waste/solid waste transfer stations
Use of low sulfur fuel and sprinkling water to arrest dust
Proper disposal and treatment of waste
Human/Social Displacements and resettlements to pave way for the laying of the infrastructure could affect encroaches and legitimate residents
Construction activities could disrupt social activities and lives by blocking access routes, interrupting supply of utilities and paralyzing service provision Interference of utilities/services routes
Safety and health risks to the public and workers due to construction e.g injuries, traffic accidents, and nuisance due to noise and activities
Speculative immigrant workers may increase in the project site causing security risks, antisocial behaviors and bringing nuisance
increased living cost due to improved standards in the settlement
Accidents from roads due to high flow of traffic
Prepare RAP for resettlements and issue compensation
Give local priority in employment Provide alternative access and plan
activities well to avoid disruption of local activities
Liaise with plot owners, utility providers and local authorities before engaging in work likely to interfere with supply lines
law enforcement to prevent crime and antisocial activities
Municipality to monitor development and support residents welfare to avoid social marginalization
regulation of traffic and enforcement of laws to prevent accidents and other hazards
Environmental and Social Management Plan (ESMP)
An Environmental and Social Management Plan (ESMP) has been developed. It summarizes the
identified adverse impacts and remedial measures, monitoring indicators and frequency of monitoring
along with requisite institutional arrangements for effective implementation of mitigation measures
during planning, construction, operation as well as the decommissioning phase of the project.
Conclusions and recommendations
The conclusions under the ESIA are outlined as follows:
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The identified negative social and environmental impacts due to the proposed project are
minimal and localized in nature, not extending beyond the project site.
Application of the proposed mitigation measures will reverse most of the impacts largely
associated with the construction phase of the project
The settlements’ communities and other stakeholders overwhelmingly supports the project
The project is consistent with the government’s policy objectives relating to environmental
management and sustainable development. It supports the Vision 2030 and the MDGs
It is realized that the project has more positive benefits environmentally and socio-economically
than it has negative effects
The recommendations included:
That, the Proposed project to be implemented with full adherence of the outlined mitigation
measures and all other legislative and planning requirements for all construction activities.
That, the provided EMP be expanded to derive responsive guidelines, procedures or action
plans to apply to the various aspects of environment and social impacts especially during the
construction phase
That, a RAP be undertaken to address issues resulting from involuntary resettlements where
such would require compensation
That, for sustainability of the project; capacity development is necessary for the community to
be able to undertake monitoring and maintain the project.
That, since the projects positive benefits outweigh the negative aspects, the proposed project be
allowed by NEMA to proceed with its implementation.
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CHAPTER ONE – INTRODUCTION
1.1 Project Background
Kenya’s urban population has been growing rapidly over the last few decades. In 1975, the urban
population in the country constituted a mere 12.9%. This had risen to 34% in 2001 and is projected to
increase to 47.2 by the year 2015. The country has witnessed rapid urbanization and increased rates of
poverty that is a major cause of rural to urban migration. The result of this is the proliferation of
informal settlements and slums. Most urban authorities have not been able to cater for the basic need
of the increasing population resulting in many negative developments accompanying the urbanization
process. As a result, residents in informal settlements and slums now live in deficient, health
threatening conditions; with deficiencies in the supply of the most basic infrastructure and public
facilities required for human habitation. Machakos Town is a major rural centre, and also a satellite
town due to its proximity to Nairobi. Though it started off as an administrative outpost, it is now a
busy commercial hub serving a large agricultural hinterland but also acts as a dormitory town for
workers in Nairobi and Athi River. The population residing in the town has grown over the years.
Without commensurate planning for urban infrastructure and growth in Machakos Town, informal
settlements have proliferated; Kariobangi emerged in the 90’s due to housing deficit pressures. Swahili
Village a settlement traced to pre-colonial period has since lost the luster it had back in the days. The
infrastructure that supported life in the settlement is now dilapidated.
The Kenya Informal Settlement Improvement Project (KISIP) was initiated by the Government of
Kenya (GoK) through the Ministry of Lands, Housing and Urban Development (MoH) to support its
urban and local government sector. The project which is funded by World Bank and other partners will
be rolled out in 15 Municipalities for an initial 5 year period that started in 2010 and ends in 2015; the
project targets at least 2.5 million people living and working in slums and informal settlements in
Kenya. KISIP follows a similar program by the government; The Kenya Municipal Program (KMP)
implemented by the Ministry of Local Government (MOLG). Whereas KPM’s main focus is building
institutional capacity and city wide infrastructure, KISIP will focus on poverty reduction and
improvement of living conditions in informal settlements. The project has received funding from the
World Bank, the Swedish International Development Cooperation Agency (SIDA) and the Agence
Française de Développement (AFD). KISIP selected Swahili village and kariobangi settlements in
Machakos Municipality for upgrade. It will fund roads, sewerage, security lighting, solid waste
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management, water supply and sanitation infrastructure. These are prioritized investments by the
residents.
The KISIP is desirous to ensure that environmental and social issues are adequately identified and
addressed in all its components and in particular for infrastructure investments. Appropriate safeguards
for the management of the environment and the protection of the communities affected by the KISIP
projects are of critical importance to the project objectives. To achieve this, an Environment and Social
Management Framework (ESMF) and Resettlement Policy Framework (RPF) were prepared and
approved as part of the financing agreement between the Government of Kenya and the World Bank.
The ESMF provides guidance on integrating of environmental issues into project design and
implementation; while the RPF provides guidance on mitigating the likely impacts associated with land
acquisition and displacement.
The ESMF was prepared in compliance with the World Bank’s Safeguard Policies and Kenya’s
Environmental Management and Coordination Act (EMCA) of 1999 both of which require
environmental and social assessment prior to any investment. However, the ESMF and RPF are NOT
a substitute for the Environmental Impact Assessment (EIA) for individual projects as provided for
under the Environmental Management and Coordination Act, 1999 and the Environmental (Impact
Assessment and Audit) Regulations 2003. Individual projects financed by the program will undertake
EIAs determined through a screening process provided under the ESMF.
The Environmental Management and Coordination Act (EMCA), 1999 and Word Bank Operational
Policies require that an Environmental and Social Impact Assessment (ESIA) be done for projects
likely to affect the environment significantly notwithstanding any approval, permit or license granted
under the Act or any other law in force in Kenya. The ESIA should anticipate environmental impacts
and suggest mitigation measures to minimize the significance of these impacts, or even eliminate their
likelihood. MoH in compliance with the requirements of the Environmental Management and
Coordination Act (EMCA) 1999 and the World Bank Environmental and Social Policies carried out an
Environmental and Social Impact Assessment for the development in Machakos Municipality.
The ESIA study fulfills the requirements of EMCA, 1999 and those contained in the Environmental
(Impact Assessment and Audit) Regulations. It adhered to the World Bank Environmental and Social
Polices.
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1.2 Objectives of the ESIA
The objectives of the ESIA are:
To identify and predict the adverse environmental and social impacts resulting from the
implementation of the proposed project.
To develop mitigation measures for the identified environmental and social impacts
To identify and predict the positive environmental impacts resulting from the implementation
of the proposed project.
To establish the environmental baseline conditions for monitoring
To review and analyze alternatives to the proposed project ;
To develop an Environmental Management Plan for the proposed development
To present results of the ESIA in such a way that they can guide informed decision-making.
1.3 Scope of the study
The scope of the study included the carrying out of environmental investigations within the current
legislative framework. This was done in line with the requirements of Environmental Management and
Coordination Act (EMCA) 1999 and Environmental (Impact Assessment and Audit) Regulations 2003
among other legal and regulatory frameworks. The study also duly complied with the World Bank’s
Social and Environmental policies. The scope of the study included the following:
The baseline information on the project area.
Description of the proposed development
Relevant legal, regulatory and institutional framework to the proposed project
Public/community/ and stakeholders consultation.
Identification of positive and negative impacts of the proposed project on the environment
Analysis of practicable alternatives to the project.
Mitigation measures and cost estimation for all negative adverse impacts of the project.
An Environmental Management Plan and monitoring framework
1.4 Consultancy Terms of Reference
The Consultancy Terms of References (TOR) for this ESIA are defined below:
i. To determine whether the proposed project will have adverse impacts on the environment and
recommend mitigation measures for any adverse impacts identified;
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ii. To find out the positive socio-economic and environmental impacts and benefits associated
with the proposed project for the purpose of enhancement;
iii. To identify health and public safety concerns associated with the implementation of the
proposed project and provide an action plan for the managing public health and safety;
iv. To identify and analyze alternative scenario or options.
v. To review various existing institutional, legal and policy frameworks on environmental planning
and management for the proposed project
vi. To collect baseline information on the project site, operations and the proposed development.
vii. To collect views from the public/community around the project area and relevant stakeholders.
viii. To develop mitigation measures and cost estimation for all negative impacts of the project.
ix. To develop an Environmental Management Plan and Monitoring Framework for managing the
environmental and social impacts of the proposed development during and after the
implementation of the project;
1.5 ESIA Approach & Methodology
1.5.1 Screening
An Environmental and Social screening was applied the feasibility stage of the project. This was to
determine the applicability of both GoK and World Bank Safeguard Policies and statutes. Overall,
screening sought to determine the need for an ESIA. The process determined that the Second Schedule
of EMCA, 1999 and World Bank Safeguard policies were applicable due to the potential significant
environmental and social impacts. The screening recommended a project level EIA be undertaken for
the project.
1.5.2 Scoping
Scoping was undertaken to determine the diversity and severity of impacts anticipated so as to
determine the scope of investigations needed and the requisite ESIA skills needed. The process
identified the main issues and significant environmental and social impacts to focus on. The Terms of
Reference (ToR) were drawn following the scoping exercise. The main issues identified include:
environmental and social conditions existing before the project and the impacts on the social and
natural environment after during and after implementation.
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1.5.3 Baseline study
The exercise involved the study of baseline description of environmental and social characteristics of
the project area. It involved visits to the settlements for observations, photography, and consultation
with stakeholders. The description of the baseline included: bio-physical features, socio-economic,
infrastructure and land. The socio-economic survey report that was done as part of the wider
consultancy provided most of the information for the ESIA.
1.5.4 Desktop Study
The study entailed review of literature about the project area; review of relevant legal and policy
frameworks; project documents including design concepts and reports. Previous reports of the project
that informed this study include:
- The Inception Report for KISIP Socio-Economic Survey Consultancy Services
- The Socio-Economic Survey Report for Swahili Village and Kariobangi Settlements – Ministry
of Lands, Housing and Urban Development
- The Environmental and Social Management Framework for KISIP projects – Ministry of
Lands, Housing and Urban Development
1.5.5 Public participation
The public and stakeholders were involved since the inception of the project. Public participation has
been key to the process from the project feasibility stage, socio-economic baseline studies, project
screening stage, and scoping stage, analysis of alternatives and the impacts analysis and mitigation.
Public barazas, focused group discussions, meetings, and interviews were employed to achieve the
objective.
1.5.6 Reporting
The ESIA report in accordance with regulations 7 and 8 of Legal Notice 101 of EMCA, 1999 has been
prepared and submitted to NEMA.
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CHAPTER TWO – PROJECT DESCRIPTION
2.1 Project Location
Machakos Municipality is one of the KISIP participating municipalities. The project is proposed in
Swahili and Kariobangi settlements located in Machakos Town. The town is located about 64 Km
south east of Nairobi .It is the administrative and capital Town of Machakos County. The immediate
neighbourhood to the two settlements is Machakos Town commercial center; Kariobangi is on the
slopes towards a stream and borders the hilly suburbs of Machakos Town.
Figure 1: Map showing the project location of the settlements in Machakos
2.2 Project’s overall Objective
The overall project development objective of the KISIP is to improve living conditions in Swahili and
Kariobangi settlements in Machakos by investing on roads, security lighting, drainage for water, solid
waste management, sanitation and sewer system.
2.3 Project Description and Design
KISIP was designed with the following four components:
Component 1: Strengthening institutions and project management - This component will support
institutional strengthening and capacity building of the Ministry of Lands, Housing and Urban
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Development, the Ministry of Lands, and the participating municipalities. It will also finance the
management activities associated with project implementation and establishment of a monitoring and
evaluation system.
Component 2: enhancing tenure security- This component will support systematization and scale-
up of ongoing efforts to strengthen settlement planning and tenure security in urban informal
settlements.
Component 3: Investing in infrastructure and service delivery - This component will support
investment in settlement infrastructure, and, where necessary, extension of trunk infrastructure to
settlements.
Component 4: Planning for urban growth- will support planning and development of options that
facilitate the delivery of infrastructure services, land, and housing for future population growth.
Under the Component 3 of the KISIP, the investments for the selected municipalities include the
following:
Table 2: Prioritization of investments in Machakos KISIP Investment Swahili (%of
households)
Kariobangi (% of household)
Roads 5.8 4.3
Sewerage 25.1 11.8
Water supply and sanitation
infrastructure
26.9
24.0
Storm water drainage Systems 4.4 7.2
Street and security lighting 11.7 2.2
Soild waste management 10.3 21.1
Electricity 12.6 29.4
Source: Ministry of Lands, Housing and Urban Development Socio-Economic Survey Report for 2012
The prioritized investment which have been settled on for the two settlements based on their feasibility
and consultation with the stakeholders are described in the following sub-sections
2.3.1 Roads
It will entail the following three distinctive sub-components:
i) Upgrading of main settlements access roads
This will entail upgrade of the main settlement access roads based upon the planned KURA urban road
network .In the layout plan in figure 2 and 3 below, SR 1,and 4 and KR 1,4,10 and 11 denotes main
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settlement access roads for Swahili and Kariobangi respectively proposed for improvement to bitumen
standards.
ii) Upgrading of Internal settlements roads
This entails upgrade of internal settlement roads based upon the settlement PDPs. This sub-
component has been split into 2 different road segments, which corresponds to priorities in the road
network design. In Swahili roads SR 2,3,5,6,7,8 and 9 are proposed for improvement to gravel
standards. In Kariobangi, KR 2,3,5,7,8 and 9 proposed for improvement to gravel standards while KR
6 is proposed for improvement to bitumen standards. See the figure 2 and 3 below.
iii) Provision of main settlement footpath
There will be provision of main settlement footpaths based upon the settlement PDPs. This will be
provided along the main settlement access roads and pedestrian priority routes.
Figure 2: Kariobangi settlement aerial view showing coverage of of the proposed roads
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Figure 3: Swahili settlement aerial view showing coverage of of the proposed roads
2.3.2 Drainage works
This will involve repairs and rehabilitation of drainage system existing in some sections and extension
of the system where it lacks. The drainage system will be largely masonry; culverts will be installed in
some areas. Protection walls and head walls will be provided accordingly.
2.3.3 Water and Sewerage
This will entail settlement wide extension of the existing sewer connection. Rehabilitation of the
existing dysfunctional infrastructure will be carried out. Additional piping and construction of
manholes and chambers will be undertaken. For sections of the settlements where sewer connection is
not feasible, twin pit and pour flash latrines, and construction of septic tanks integrated with the
sewerage network.
2.3.4 Solid Waste Management
The investment will entail 2 sub-components:
1.) A solid waste management infrastructure
An elaborate household waste collection plan and a suitable transfer station have been proposed.. The
community cooker station will provide a safe, easy and conveniently located where smaller loads
delivered by handcarts and individuals will be consolidated, sorted and utilized. The proposed
community cooker collects and burns rubbish in order to generate heat that can be used for cooking,
baking, boiling water and for other light industrial purposes. The cooker turns rubbish into energy for
cooking, baking and boiling water. It has two complementary functions; to address sanitation, health
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and environmental issues associated with the growing mounds of rubbish in informal settlements, and
to provide communities with alternatives to charcoal, firewood and paraffin for cooking meals and
boiling water. The Community Cooker has the potential to transform informal settlements and rural
villages into resource rich communities. Simple Layout of community cooker is shown below in figure
Two community cookers are proposed one per settlement (Swahili and Kariobangi).
The cooker itself is made of welded steel insulated with fire bricks on all four sides. The top of the
cooker consists of a metal plate, and serves as the cooking surface. The cooker has two ovens for
baking located underneath the metal plate. A chimney carries the smoke from the combustion chamber
to the chimney’s outlet high above the neighborhood’s roofline. Because the stove burns rubbish at
over 800 degrees Celsius, it achieves 99 percent combustion, producing smoke that is white in color
and almost odorless. At the bottom of the stove there is a wide metal chute that allows rubbish to be
pushed from the trash storage racks into the combustion chamber of the stove. Dry, sorted rubbish is
manually fed by the stove operator. The Community Cooker is deliberately designed to be labour
intensive and to use locally available materials so that repairs, maintenance and operation can easily be
carried out by members of the local community.
In March 2011 the Community Cooker in Laini Saba site was tested for stack emissions and residual
ash. The results show that the Community Cooker has combustion efficiency of 99 percent and that
the levels of SO2 NOx and heavy metals detected fall within the regulatory limits of United States EPA
and World Bank IFC guidelines. These Results also meet Kenya Air Quality and Waste Management
Standards. Environmental Measure Report NRB1152-009421 March 2011.Also refer to Engineering
Design Report for KISIP Project.
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Figure 4.1: Community Cooker Layout
2.) Empowerment and support of CBOs.
The CBOs involved in waste solid waste management in the settlements will be empowered provided
with necessary support to undertake the mandate. The CBO’s will ensure proper solid waste
management including collection and disposal. The CBO will be involved in management of the
community cooker, water kiosks and ablution blocks set up together to compliment each other in
income generation. The Community Cooker represents a simple, low cost technology with a socially
inclusive vision for change; engaging communities to participate in collecting rubbish to exchange for
energy to cook food and heat water. Once completely ignited, the cooker can operate for up to 24hrs a
day with minimal running cost. While the Community Cooker is currently designed for cooking and
boiling water, there is future potential to use the energy produced for alternative income generating
activities such as water distillation, brick and pottery baking and smelting of aluminium, copper, bronze
and brass.
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2.3.5 Street lighting
The street lighting infrastructure component will entail provision of floodlighting equipment in the
settlements. Swahili Village settlements will receive 2 floodlights and Soweto will have 4 floodlights
installed in strategic locations in both settlements.
2.4 Description of Project’s Constructional Activities
2.4.1 Construction procedures
The procedure will be determined in the final designs by the structural engineer. This also applies to the
type of equipment and materials for construction. The general constructional activities are outlines as
follows:
Site preparation and mobilisation of equipments and materials
Clearance of routes of traverse for roads, drains, sewer and water pipes, foot and bike paths.
Excavations, and disposal of waste material
Desilting and repairs of existing sewerage and storm drainage systems
Civil work for the access roads, drainage , and sewer lines
Road repair works including grading, patching and levelling
Application of bitumen and masonry work, installation of culverts
Laying the pipe work for water and sewerage
Construction of manholes and chambers for the sewerage systems
Paving passages and landscaping
Removal of by-products and unused materials
2.4.2 Materials, inputs and technology at the construction phase
Materials
The materials needed at the construction stage will include the following:-
Gravel
Bitumen
Concrete pipes
Quarry stones
Steel pipes
Concrete slaps
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Cement
Sand
Manhole covers(plastic, mix concrete and steel)
Inputs
Water – significant quantities will be required for concrete mixing, sprinkling dust, washing ,
cleaning, waste disposal and for drinking by the construction crew.
Energy- Mostly fossil fuel will be required to run machinery and transport vehicles.
Labour – Both skilled and unskilled labour will be employed in the construction, majority will
come from the community.
Technology
The project will apply the most cost-effective and environmentally friendly technology during
construction. The technology applied will meet local and internationally established standards. The
proponent will adhere to best and common practices applicable to urban infrastructure.
2.4.3 Potential wastes at the construction phase
Solid Waste
Construction activities will generate significant waste, both solid and liquid
Soil from excavation work
Rubble/debris
Packaging materials – cement bags,
Old spare parts
Used oil and greases
Garbage
Old pipes and off-cuts
Liquid Waste/Effluent
Waste water due to cleaning activities
Sanitary effluent from construction crew
2.4.4 Waste Management during the construction phase
Prudent waste management measures should be applied during the construction phase of the project so
as to minimize the negative environmental impacts It is expected that this waste will be minimal and
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best management practices applied in the handling and management. Primarily, the waste will be
reduced at source and where inevitable, reuse or recycling of the waste will adopted. Handling of
hazardous wastes will be done according to EMCA Waste Management Regulations of 2006 and safety
standards provided for in OSHA Hazardous Substances Rules of 2007. The practice of using foam off-
cuts in making re-cons will reduce waste
2.5 Description of Project’s operational activities
The inhabitants of Machakos Town and in particular those living in Swahili and Kariobangi Settlements
will have accessible roads, functional drainage systems and a sound sewer disposal system. Transport
activities will increase and this will influence trade activities and secondary development. In summary,
the operational phase activities are outlined below:-
Movement of motorists, cyclist, and pedestrian on the access roads and paths
Disposal of sewer
Drainage of storm and waste water
Repair and maintenance of the roads, drains and sewer lines
2.5.1 Potential wastes generated at the Operational phase
Solid Waste
Solid waste due to the project will include sludge from the septic tanks, rubble/debris, old pipes and
other repair and rehabilitation related waste. The waste is expected to be very minimal and its
generation will depend on the durability of the roads, drains and also the capacity of the sewer system
to handle wastes from the settlement.
Liquid waste/Effluent
The drainage system that will be in place will handle storm water and sanitary effluent will be disposed
through the sewer system.
2.6 Project’s decommissioning activities
Though decommissioning is not envisaged in this type of project, the following activities will
characterize the phase: demolition of works including sanitary fixtures and drainage infrastructure;
rehabilitation of the site, removal solid waste and any other necessary action to restore the site to its
near original status.
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2.6.1 Potential wastes generated at the decommissioning phase
The waste that could be generated include:
- Building rubble/debris
-Old fixtures and pipes
- Excavated material
- Sludge from septic/ sanitary facilities, etc
2.7 Project Justification
Kenya is experiencing a rapidly growing population that is also shifting from rural to urban. Poverty is
causing many to migrate to urban areas searching for better livelihoods and employment opportunities.
In the last census of 2009, an estimated 39% of the Kenyan population was urban based. The World
Bank estimates that 54% of the population or 23.6 million people will be living in urban Kenya by
2030.
The country is urbanizing at fact pace with all the attendant challenges: outstretched infrastructure for
basic utilities, overwhelmed authorities, and unplanned developments. The project will address poverty
the main driver for proliferation of slums and informal settlements; which also exacerbate the problem
of environmental degradation. A socio-economic baseline survey carried out in November 2012
revealed that an estimated 60.4% of the households had toilet facilities formally connected to public
sewerage system and 16.1% household toilets were informally connected to public sewerage system.
The survey further established that 67.2% of the households pour grey water into drain while 18.2% of
the households had been pouring grey water onto the road/pavement and 14.6% using pit latrine for
disposal of grey water. Flooding during heavy rains has been an issue for the residents in the
settlements.
Upgrading road, water and sewerage infrastructure and services that boost security in Swahili and
Kariobangi settlements will improve the quality of life for the residents. Regularizing tenure and
ensuring sustainable programmes for upgrade of the settlements will boost the socio-economic status
of the Town and Machakos County as whole. The proposed intervention by project will significantly
reduce the harm caused on the environment due to pollution from waste stream from the residences.
The project contributes to the realization of the goals of the Vision 2030 and Millennium Development
Goals locally.
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CHAPTER THREE – BASELINE INFORMATION OF THE STUDY AREA
This chapter provides a description of the baseline environmental and socio-economic conditions of
the project area based on primary and secondary information. The information was obtained through
consultations, site visits and review of literature material.
3.1 Socio-economic characteristics of the project area
The socio-economic characteristics of the project area are provided in this section. The information
was obtained from both primary and secondary sources with the Socio-economic survey carried out as
part of the wider consultancy providing most of the information specific to the project area. The
survey sampled 303 and 279 households in Swahili and Kariobangi respectively. Other parameters were
obtained from the national statistics.
3.1.1 Macro-economic setting
Kenya’s economy has been on a recovery path since the aftermath of 2007 – 2008 post election
violence that saw a down ward spiral of the economy. Key sectors such as tourism, agriculture,
manufacturing, and service sectors were greatly affected. Forecast for the year 2013 points at about 5 %
GDP growth. This is pegged to a stable macro-economic environment which is highly dependent on a
timely and efficient monetary policy.
The Government of Kenya embarked on an economic recovery strategy in 2003 which created impetus
for most sectors of the economic to head to recovery. The Vision 2030 which is the country’s
economic blueprint founded on three pillars, namely: economic, social and political. The economic
pillar is geared towards improving economic growth to reach 10% from year 2012 through economic
development programmes covering all regions of Kenya. Machakos County’s economic contribution
has been seen in manufacturing sector that currently accounts for 16.4% of the GDP. One of the
Vision 2030 flagship projects, the Konza Technology City has been launched in the County’s Konza
area. Konza ICT City places Machakos County at a very strategic position for immense economic
growth.
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3.1.2 Population
The population of Machakos County stood at 1,098,584 while Machakos Town’s is 150, 041 (2009
census). The annual growth rate of Machakos County is 3.76% and has population density of 177
persons per square km. Urban population accounts for 52.0% of the population, which is significantly
higher than the Kenya’s average urbanization rate of 29.9%.
According to the Municipal Council of Machakos, Swahili and Kariobangi Settlements’ population is
5,000 and 2315 respectively. The Survey estimated the number of households at 705 and 1900 for
Swahili and Kariobangi respectively. The demographic results from the survey indicated that adults
accounted for 70 % of the household and those below 15 years accounting for 20% of the households.
Majority are female (53.9%) and the rest are male (46.1%).
3.1.3 Poverty and income levels
Machakos County has a significant percentage (59.6%) of its population living below the poverty line as
against the national poverty rate of 47.2%. The Socio-economic survey revealed that nearly 84% of the
households had a monthly income of Kshs 22,500 or less. The survey revealed cases of extreme
poverty which accounted for a fifth of the households in Kariobangi settlement. These are households
that can afford to spend on average Kshs 1,985 per capita per month. Employment for the majority is
in the informal sector, others venturing into small enterprises and informal trade.
Figurer 4: A rental house in Kariobangi settlement
3.1.4 Education
In Machakos County, the share of population with primary and secondary education is 69.7% and 14.6
% respectively. It positively corresponds with that of national average which stands at 88.6% and
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12.7% respectively. The survey in the settlements indicated a low level of educational achievement, only
18% had secondary or higher education. There is a high attendance of school by those between 5- 15
years. In the same group, boy enrollment as higher compared to that of girls. there’s generally a low
level of educational achievement in the settlements.
3.1.5 Health and Social issues
Malaria was identified as the predominant disease in the settlement. Statistics also shows HIV/AIDS as
prevalent at a rate of 15% in the Town. Poverty has been cited as the factor driving some to engage in
prostitution. Alcohol and drug abuse are also common in the settlements and youth are the most
vulnerable. The settlements generally report low level of violent crime such as robbery and other
serious crime.
Figure 5: Unsanitary conditions and dumping solid waste in the settlements
3.2 Bio- Physical Environment
3.2.1. The Geography
Machakos Town lies on Latitude 01°32′ South and Longitude 37° 14′ East. Machakos Town lies within
a U-shaped ridge of hills comprising the Iveti Hills and Mitaboni plateau to the northeast which rise to
about 2,100m above sea level and the Mua Hills which are located several kilometres to the West and
Northwest and rise to an altitude of about 2,080m. The altitude at the valley floor in which the town is
located is about 1600 metres above sea level.
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3.2.2. Climate
The district is generally hot and dry. It has two rainy seasons, the long season - March to May; and the
short season- October to December. The annual average rainfall ranges between 500mm to 1300mm.
Mean monthly temperatures vary between 180C and 250C.
3.2.3. Geology and Soils
The rocks in the area consist of intensely folded Basement Rock system of gneisses and schists which
include limestone, amphibolites and quartzites as well as the predominating biotite granitoid gneisses.
The rocks have been metamorphosed and granitized to a considerable degree. Overlying the Basement
system rocks to the western part are the Kapiti Phonolites, lava of Miocene age.
There are five major soil types in the district are alfisols, acrisols, ferrasols, vertisols and andasols. The
soils found within the Municipality are of Alfisols and Acrisols type which are brown to reddish brown,
well drained and friable. These soil types are inherently low in fertility with low water holding capacity,
low organic matter content, and highly erodible
3.2.4 Water Resources
There are four major rivers within the Municipality: River Iiyini which is to the East of Machakos
Town and Rivers Maruba, Miwongoni and Mitheu which join to the Southeast of Kiima Kimwe to
form Mwania River. Mwania flows in an easterly direction and is joined in its course by tributaries from
Kiima Kimwe to its North and Kimutwa to the South and becomes Ikiwe River. Ikiwe River eventually
joins River Thwake to the east of the municipality. The general drainage pattern is from West to East.
Kariobangi settlement slopes towards the Iiyini River.
Most of the groundwater is found along dry river beds such as the seasonal Iini River and many.
Groundwater in Machakos Municipality has been exploited and a number of boreholes have been sunk,
both for individual and municipal water supply. To the west of the Machakos Town are also shallow
hand dug wells with water found at depths of up to 25 metres.
3.2.5. Flora and Fauna
Flora
The vegetation types in Machakos County are influenced by altitude, rainfall, soils and rivers. The types
include: forest types (hilltop), woodlands, bushland and shrubland, and dwarf shrub grassland. The
forest types occur on hilltops above 1500 m a.s.l in over 10 m tall with interlocking cover. The
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woodlands are usually 10-20 m tall with a canopy of between 50 – 79 % with well-developed
herbaceous cover of dwarf shrub understory. Bushland and shrubland are scattered and 6- 10 m tall
and mostly thorny. Lastly, dwarf shrub grasslands consist of woody plants of less than 1 m tall
occurring mainly in the Central part of the County. Species common in Machakos County include:
indigenous forest types tree like Croton macrostachyus, Albizia gumnifera, Ficus thornigii; plantation forests in
the hilltops with trees such cypress, pines, and eucalyptus. Common in the wetter regions for woodland
is Combretun species, Comnihora species in the drier areas and Enchea spp, Croton macrostachus, Raveta
teifana, Vanguewa spp, Terminalia spp. The project area is an urban centres where vegetation has
become scarce due to developments.
Fauna
Machakos County is has wildlife resources mostly found in private ranches. Oldonyo Sabuk National
Park is located to the North of the County; the Southern area of the county experiences wildlife
migrating from Kajiado County. The wildlife include zebras, wildebeest, Giraffes, Thomsons gazelle,
Lion, Cheeta, and buffalo, ostrichs, impalas, dikdiks among many other. There are no existing faunal
habitats within the Town because of urban development. Wild fauna species are rare in the settlements
but a few bird species, rodents, reptiles, and insects still exist. Domesticate animals such as goats, cows,
dogs, cats, and chicken are kept by the residents.
3.3 Land Use
Machakos County is largely semi-arid with only about 9% regarded as high potential. Land is used
mainly for agriculture, livestock keeping and conservation. The livelihood of majority is dependent on
agriculture and the parcel holding range from 0.5 – 2 acres. This is however further shrinking due to
the increasing population and rapid urbanization that is influencing land use change.
Agriculture has been declining not only because agricultural parcel holdings become smaller but also
due to environmental issues including the changing climate. Over cultivation along the highly
productive hilly terrains has been subject to erosion. Farming is practiced along the slopes of the hills
surrounding Machakos Town. This has even extended to the settlements in Town here it was observed
that folks use idle spaces to plant subsistence crops such as maize. Land in the urban areas is under
development and human settlement.
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Figure 6: Cultivated crops in the settlements (Kariobangi)
3.3.1 Land Tenure and Land Ownership
Land in classified into three categories, namely: government land which is gazetted; Trust land under
the immediate defunct local authorities; and private land owned by individuals and companies.
Machakos County like many areas in Kenya have had their fair share of historical land issues including
squatter issues, unresolved ownership wrangles and slow adjudication processes rendering many
without registered title for ownership. Without secure tenure, transaction in land has been impossible
to many. This has been a contributing factor to the increasing levels of poverty because of such
impediments.
A great proportion of land in the project area is trust land. The settlements sits on trust land however
the story is different in Swahili where allegedly the ownership shifted from native village settlers to trust
land. The settlements consist of majority tenants and plot owners whose ownership titles are yet to be
processed. In Swahili these tenants account for 80.% of the households while plot owners represented
10% as per the survey report. Kariobangi has almost a similar case where 90% of the surveyed
households were found to be tenants and plot owners constituted a small percentage of those residing
in the settlement.
3.4 Infrastructure and Services
Machakos County in its strategic plan recognizes infrastructure as one of society’s foundation for socio-
political and economic growth and stability for long term development in order to realize the vision
2030. Infrastructure and service delivery were identified by the communities in Swahili settlements as
priority issues that needs to be expanded or improved in order to meet their needs and improve living
44
standards. Prioritized infrastructure related issues are roads, sewerage, drainage and water supply. The
status of infrastructure and services in Machakos is provided in this section.
3.3.1 Roads
Paved roads in the County account for 6.9% of the total roads (KNBS 2009). Machakos Town has a
relatively developed road infrastructure. The Town lies 16 Km away off the Nairobi – Mombasa
highway which is part of the northern corridor linking the port of Mombasa to Uganda, Sudan and the
Great Lakes region A large section of the settlements lack accessibility with most roads unpaved, they
are earth covered and murramed.
Figure 7: section of a road (paved)
Figure 8: Access corridors in Swahili settlement
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3.3.2 Energy
Energy is recognized in Machakos as the major enabler of the Social, economic and political pillars.
Currently, 17% of the County access electricity (KNBS 2009). For majority of the County residents,
wood fuel is the main source of energy. Petroleum energy is also relied upon for transport and cooking
in the urban areas. Machakos County is home to Masinga Dam, one of Kenya’s hydropower generating
units. The survey carried out at the settlements revealed that close to half (49%) of the households have
electricity connection with close to 75% of this number getting constant supply of power.
3.3.3 Water Supply
Most of the existing water and sanitation facilities in Machakos town are old and dilapidated. The
current state of water and sanitation in the County as at the 2009 census is 51.8 % of households had
improved water infrastructure and 97.0 % of households had improved sanitation. Machakos Town
depends on three sources for its water supply, namely Maruba Dam, Nol Turesh supply and boreholes
with average production of approximately 1,300m3/d, 800m3/d and 120m3/d respectively. These
sources are unable to meet the current and future demand due to the growing population and as such
severe water shortages are experienced. The current demand is estimated to be between 15,000 m3/d
and 20,000 m3/d.
The County in its strategic plan seeks to achieve up to 90% access to safe and reliable water in urban
areas and 70% for rural areas by the year 2017. It is believed among other factors, the uncontrolled
sand harvesting has led to severe environment degradation leading to change in the regime of some of
the rivers and loss of retention capacities of some of the seasonal rivers.
The socio-economic baseline survey revealed that 76% of households in the settlements use water
kiosks as primary source of drinking, 9% of the households purchase from water tanker/ vendor and
about 5 % get from neighbor (borrowing).
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Figure 9: Water kiosk and a vendor supplying water
3.3.4 Sewerage and drainage
Machakos Town does not have an elaborate sewerage system with the existing sewerage scheme
covering only the central part of Machakos Town. The sewage treatment works which was constructed
between 1971 and 1973 is located along Mitheu valley approximately 3 kilometers South West of
Machakos Town Centre. The capacity of the existing system is approximately 2,000m3/day, which is a
population equivalent of approximately 16,000 persons per day on an average per capita sewage
production rate of 80 litres/person/day.
The Town sits across a ridge divided into two drainage areas drained by the Iyini and Mitheu River
valleys. There is a pumping station where all the sewage flow from the Iyini catchment is collected and
pumped over the ridge to an outfall sewer for treatment at a common works located in the Mitheu river
valley. An overflow pond is located near Kariobangi settlement along Machakos - Kitui Road. On
occasion of malfunctioning pumps, sewage overflow discharge into Iyini River thus increasing the
organic load in the water and compromising its quality. During the survey, residents of Kariobangi
complained about the serious odour nuisance from the pond.
Sewerage connection is not accessible to all the residents in the settlements. In Swahili settlement,
about 60% of the households are had their toilets facilities formally connected to the public sewerage
system while in Kariobangi only 54 % are connected. A good number of households use pit latrines
which are public/shared in most cases.
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Figure 10: Outlets discharging raw sewage from residential houses in Kariobangi
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CHAPTER FOUR – POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORKS
4.0 Introduction
This chapter highlights the relevant policy, legal and administrative frameworks, national and
international, applicable to the proposed upgrading of Swahili and Kariobangi Settlements in
Machakos. This ESIA report has been prepared within the purview of KISIP’s Environmental and
Social Management Framework, the Environmental Management and Coordination Act, (EMCA,
1999) and the World Bank Operational Policies. Some of the policies, legal and institutional
frameworks reviewed are discussed in the section below.
4.1 World Bank’s Safeguard Policies
4.1.1 World Bank Safeguard Policy 4.01- Environmental Assessment
The policy on Environmental Assessment provides the framework for the screening of projects;
mitigation of potential impacts, disclosure and consultation, and capacity building. This policy is
triggered if a project is likely to have potential (adverse) environmental risks and impacts on its area of
influence. The requirements of this safeguard policy have been responded to in this report by evaluating the impact of the
project, its alternatives, existing legislative framework and public consultation.
4.1.2 World Bank Safeguard Policy 4.04 - Natural Habitats
The Natural Habitats policy is concerned with avoiding, minimizing and mitigating damage to natural
habitats. It forbids the funding of activities in critical natural habitats. Natural habitats comprise many
types of terrestrial, freshwater, coastal, and marine ecosystems. They include areas lightly modified by
human activities, but retaining their ecological functions and most native species. The proposed
mitigation measures will adequately address any potential impacts on natural habitats like the River
Iiyini. The proposed development will have positive impacts on the ecosystem rather than negative which are evident in
with the current status. As this project will not affect critical or noncritical natural habitats, the policy is not
triggered.
4.1.3 World Bank Safeguard Policy 4.36 – Forests
The Forests policy promotes the sustainable management of forests, while protecting the rights and
welfare of people dependent on forests. It limits financing of commercial harvesting and prohibits
financing of conversion of critical forest habitats to plantations. There are no forests areas around and within
the urban project area; therefore this policy will not be triggered by the project.
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4.1.4 World Bank Safeguard Policy 4.09 - Pest management
The Pest Management policy promotes biological and environmental pest management (Integrated Pest
Management - IPM) where possible, and limits the selection and use of chemical pesticides. A Pest
Management Plan may be needed. This policy will not be triggered by the proposed project.
4.1.5 World Bank Safeguard Policy 4.11 – Physical Cultural Resources
The Cultural Property policy seeks to avoid harm to significant, non-replicable cultural property, and
provides guidance in the case of chance finds. For purposes of this policy, "physical cultural resources"
are defined as movable or immovable objects, sites, structures, groups of structures, natural features
and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or
other cultural significance. Physical cultural resources may be located in urban or rural settings, and
may be above ground, underground, or underwater. The cultural interest may be at the local, provincial
or national level, or within the international community. The project triggers this policy since it will include civil
works, which may affect cultural property (e.g. graves). Chance find procedures have been included in Appendix 8.
4.1.6 World Bank Safeguard Policy 4.10 – Indigenous People
The Indigenous Peoples policy aims to ensure that the development process fosters full respect for the
dignity, human rights and cultural uniqueness of such people, through informed participation.
The project will not trigger this policy as the project will be implemented in urban area. The people living and carrying out
businesses along the project area are heterogenous in their socio cultural setting.
4.1.7 World Bank Safeguard Policy 4.12 – Involuntary Resettlement
The Involuntary Resettlement policy applies whenever land is taken resulting in relocation, loss of
shelter, loss of assets, or loss of livelihood. The policy specifies the need to, at least, restore past
income levels, and the need for consultation. Where a need for resettlement has been identified, a
Resettlement Action Plan (RAP) must be prepared, agreed and implemented, while a Resettlement
Policy Framework (RPF) prepared for the KISIP project is used in cases where needs may be identified
in the course of project implementation.
This project triggers this policy due to the proposed infrastructure claiming some space. Swahili settlement which is densely
populated will be affected the most. Kariobangi may not experience any involuntary resettlement. The RAP report will
address these issues in detail, including public consultations and due compensation.
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4.2 National policy framework
4.2.1 KISIP’s Environmental and Social Management Framework (ESMF)
The purpose of ESMF is to ensure that environmental and social management is integrated into the
entire development cycle of individual investments to be financed under the KISIP. This is a guiding
document prepared in compliance with the World Bank Operational Policies and the Environmental
Management and Coordination Act, (EMCA, 1999). The ESMF is applicable to the investment on
infrastructure and settlement restructuring components of KISIP. ESMF provides a generic assessment
of impacts and prescriptions of mitigation measures. It also gives the institutional arrangements for
implementation and project monitoring.
4.2.2 National Environmental Action Plan (NEAP)
The NEAP was prepared by the Kenya Government in the 1990s. It was a deliberate and firm policy
designed to integrate the environmental consideration into country’s sustainable development. A multi-
sectoral approach was adopted to derive comprehensive framework to ensure environmental
management and conservation of natural resources.
According to the Kenya National Environment Action Plan (NEAP, 1994) the Government
recognized the negative impacts on ecosystems emanating from industrial, economic and social
development programmes that disregarded environmental sustainability. This therefore established
appropriate policies and legal guidelines as well as harmonization of the existing ones in the process of
development. Under the NEAP process Environmental Impact Assessments were introduced targeting
industrialists, business community and local authorities.
Through NEAP the Government proposes to integrate environmental conservation in economic
development to provide sustainable development for posterity. This includes integration of
environmental considerations in development planning at all levels; promotion of environmentally
sound technologies, use of both renewable and non-renewable resources in the process of national
development; establishment of an institutional framework for coordinating, monitoring, and enforcing
environmental regulations and standards; and finally providing human and financial resources to
support an environment and development coordinating agency and an EIA institution.
4.2.3 Environmental & Development policy (Sessional Paper No. 6 of 1999)
Following the NEAP development, the above policy was formulated with a view to harmonize
environmental and developmental goals to achieve sustainable development. It contained
comprehensive strategies and appropriate guidelines for the government to act.
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The key objectives of the Policy include: -
To ensure that from the onset, all development policies, programmes and projects take
environmental considerations into account,
To ensure that an independent environmental impact assessment (EIA) report is prepared for any
industrial venture or other development before implementation,
To come up with effluent treatment standards that will conform to acceptable health guidelines.
Under this paper, broad categories of development issues have been covered that require a “sustainable
development” approach. These issues relate to waste management and human settlement. The policy
recommends the need for enhanced re-use/recycling of residues including wastewater, use of low or
non-waste technologies, increased public awareness and appreciation of a clean environment. It also
encourages participation of stakeholders in the management of wastes within their localities.
4.2.4 The Kenya Vision 2030
The Kenya Vision 2030 is a vehicle for accelerating the transformation of Kenya into a rapidly
industrializing middle-income nation by the year 2030. Kenya aims to be a nation that has a clean,
secure and sustainable environment by 2030. The environment sector under vision 2030 has the vision
of a ‘nation living in a clean, secure and sustainable environment’. The vision is inspired by the
principle of Sustainable Development and by the need for equity in access to the benefits of a clean
environment. To realize this, the focus will be on 4 strategic thrusts namely;
Conservation: the country will intensify conservation of strategic natural resources in a sustainable
manner without compromising economic growth. Kenya intends to have achieved 10% forest cover by
2030. In addition, research activities into viable usage of natural resources will be undertaken
Pollution and waste management: Despite the high rates of growth envisaged in vision 2030, Kenya
will progressively apply measures to guard against the adverse effects of increased pollution and waste
ASALs and high-risk disaster zones: enhancing disaster preparedness in all disaster prone areas and
improving the capacity for adaptation to global climatic change
Environmental planning and governance: building the institutional capacity in environmental
planning, and improving the impact of environmental governance in order to improve the overall
management of the environment
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4.2.5 The National Poverty Eradication Plan (NPEP)
Fundamental objective of NPEP was to reduce the incidence of poverty on national level both in rural
as well as urban settlements. The target set was to achieve 50% reduction by year 2015.
Apart from enhancing the capacity of vulnerable group to increase their earnings, it also aimed to
address the gender and geographical imbalances. These goals were also in line with World Summit for
Sustainable Development (WSSD) one of which was to ensure environmental sustainability by the year
2015.
4.1.6 The Poverty Reduction Strategy Paper (PRSP)
This paper was developed with two key objectives in mind namely, economic growth and poverty
alleviation. The proposed project complements these objectives.
4.1.7 National Policy on Water Resources Management and Development
The National Policy on Water Resources Management and Development (1999) enhances a systematic
development of water facilities in all sectors for promotion of the country’s socio-economic progress.
It also recognizes the by-products of this process as wastewater. It therefore, calls for development of
appropriate sanitation systems to protect people’s health and water resources from institutional
pollution. The policy provides for charging levies on wastewater on the basis of quantity and quality.
The “polluter-pays-principle” applies in which case parties contaminating water are required to meet
the appropriate cost of remediation. The policy provides for establishment of standards to protect
water bodies receiving wastewater. This policy will be
4.3 Legal Framework
The socio-economic development is always accompanied by potential for environmental degradation.
There is the risk of usage of natural resources in a fashion that is not sustainable. In view of this
concern, the government has enacted several pieces of legislation to safeguard against the negative
impacts on the various segments of the environment resulting from development activities.
Applications of national statutes and regulations on environmental conservation suggests that KISIP
has a legal duty and responsibility to undertake their mandate without compromising public health,
safety and the welfare of the surrounding communities as well as conserving the environment. Such
legislations include:
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4.3.1 The Constitution of Kenya
The Constitution of Kenya is supreme law of the land. In its preamble, the constitution shows respect
to the environment as the country’s heritage, and is determined to sustain it for the benefit of future
generations.
Article 42 of the constitution gives every Kenyan a right to a clean and healthy environment, which
includes the right—
(a) To have the environment protected for the benefit of present and future generations through
legislative and other measures, particularly those contemplated in Article 69 of the same constitution
and
(b) To have obligations relating to the environment fulfilled under Article 70 of the constitution.
4.3.2 Environment Management and Co-ordination Act, 1999
This act is the principal environmental management legislation and its enactment was a milestone in
promoting sustainable environmental management in the country. The Act provides for the
harmonization of about 77 sectoral statutes, which address aspects of the environment. The EMCA,
1999 provides an institutional framework and procedures for management of the environment,
including provisions for conflict resolution. The act has several subsidiary legislations which manage
various segments of the environment. The Act grants every person in Kenya a right to clean and
healthy environment and mandates every person to safeguard and enhance the environment as
contained in the constitution.
Under the EMCA, 1999, for projects of the nature described in the Second Schedule, an
Environmental Impact Assessment (EIA) shall be conducted while projects already in place will
undertake annual Environmental Audits (EA). The EIA report and/or EA reports are submitted to the
National Environment Management Authority (NEMA) in the prescribed form, and accompanied by
the prescribed fees where applicable.
Key provisions of the Act among others include:
The projects to be subjected to EIA/ EA are specified in the Second schedule of the
Environmental Management and Coordination Act. Besides the scheduled activities, the Act
empowers the Minister to prescribe for EIA/ EA appraisal of any other activity, which in his
view carries significant environmental impacts.
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The National Environment Management Authority (NEMA) will administer the EIA/ EA on
behalf of the minister responsible for the environment. EIA/ EA will be applicable to both
public and private sector development projects and programs.
A scheduled activity will not receive the necessary authorization from NEMA to proceed or
continue operating until all EIA/ EA requirements have been fulfilled and accepted by NEMA
and its relevant lead agencies.
EIA/ EA licenses will be granted when NEMA and the Minister are satisfied that an EIA has
been satisfactorily conducted and a realistic and achievable Environmental Management Plan of
an activity has been sufficiently developed.
The undertaking of all EIA/ EA and subsequent reporting will be the responsibility of the
project proponent. NEMA will, on behalf of the government, provide the procedures and
technical advice to project proponents on how to comply with the EIA/EA requirements.
The EIA/ EA studies will be carried out by experts or teams of experts recognized and
registered by NEMA.
4.3.3 The Water Act (Act No.8 of 2002)
This is an Act of Parliament to provide for the management, conservation, use and control of water
resources and for the acquisition and regulation of rights to use water; to provide for the regulation and
management of water supply and sewerage services; to repeal the Water Act (Chapter. 372 of the Laws
of Kenya) and certain provisions of the Local Government Act; and for related purposes. In addition to
this act and in furtherance of the said related purposes the Minister of Water and Irrigation, through the
powers conferred to him by Sections 47(6) and 110(1) of the Water Act, 2002, made the Water (Water
Services Levy) Regulations, 2008. This sought to impose a levy of one per cent (1%) of all sales of water
services to consumers by each water service provider operating under the Act.
The Water Act, in general, gives provisions regarding the ownership of water, institutional framework,
national water resources, management strategy, and requirement for permits, state schemes and
community projects. Part IV of the Act addresses the issues of water supply and sewerage.
4.3.4 The Local Government Act (CAP 265)
(Repealed by the County Government (Act of 2012)
The Act requires that every municipal council, every town council and every urban council shall have
powers:
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To establish and maintain sanitary services for the removal and destruction of, or otherwise
dealing with, all kinds of refuse and effluent and, where any such service is established, to
compel the use of such service by persons to whom the service is available
To establish and maintain one or more fire brigades and to take all necessary steps for the
prevention and extinguishing of fires and to compensate the owners of property demolished or
damaged for the purpose of preventing or extinguishing fires;
Section 171 of the Act provides that a municipal council may establish and maintain any such sewage
forms or sewage disposal works either within or without its area.
Section 163 (e) gives powers to the local Authorities to prohibit businesses which by reason of smoke,
fumes, chemical, gases, dust, smell, noise, vibration or other cause, may be or become a source of
danger, discomfort or annoyance to the neighbourhood, and to prescribe conditions subject to which
such business shall be carried on.
Section 165 empowers the council to grant or to renew business licenses or to refuse the same.
Section 170, allows the right of access to private property at all times by local authorities, its officers
and servants for purposes of inspection, maintenance and alteration or repairs of sewers. To ensure
sustainability in this regard, the local authority is empowered to make by-laws in respect of all such
matters as are necessary or desirable for the maintenance of health, safety and well being of the
inhabitants of its area as provided for under Section 201 of the Act.
Section 173 states that any person who, without prior consent in writing from the council, erects a
building on; excavate or opens-up; or injures or destroys a sewers, drains or pipes shall be guilty of an
offence. Any demolitions and repairs thereof shall be carried out at the expense of the offender.
The Act under Section 176 gives power to the local authority to regulate sewerage and drainage, fix
charges for use of sewers and drains and require connecting premises to meet the related costs.
According to Section 174, any charges so collected shall be deemed to be charges for sanitary services
and will be recoverable from the premise owner connected to the facility.
Section 264 also requires that all charges due for sewerage, sanitary and refuse removal shall be
recovered jointly and severally from the owner and occupier of the premises in respect of which the
services were rendered. This in part allows for application of the “polluter-pays-principle”.
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The project area fall under the County of Machakos now under the Machakos County Government
4.3.5 Occupational Safety & Health Act, (OSHA) 2007
The Act provides for the safety, health and welfare of workers and all persons lawfully present at work
places and for connected purposes. It also provides for the formation of Health and Safety Committees
in the work place.
The purpose of the act is to:
o Secure the safety, health and welfare of persons at work
o Protect persons other than persons at work against risks to safety and health arising out of, or
in connection with, the activities of persons at work.
Some of the provision of the act includes:
Health
Section 47 of the Act provides that a workplace shall be kept in a clean state free from effluvia arising
from any drain, sanitary convenience or nuisance.
Section 48 prohibits overcrowding of workplaces and provides specific measurements for space
required for each employee less than which shall constitute overcrowding.
The Act also requires that workplaces should have adequate ventilation, lighting, drainage of floors,
and sanitary conveniences separate for each gender. Food and drinks should not be partaken in
dangerous places or workrooms. Provision is made in the Act for suitable protective clothing and
appliances including where necessary, suitable gloves, footwear, goggles, gas masks, and head covering,
and maintained for the use of workers in any process involving exposure to wet or to any injurious or
offensive substances.
Safety
Part VII of the Act contains general provisions regarding machinery safety in workplace. The act makes
it mandatory to fence dangerous parts of machinery.
Section 68 requires steam boilers must be of good construction, sound material, and adequate strength
and free from defect and shall be property maintained. The Act further provides for the training and
supervision of inexperienced workers, protection of eyes with goggles or effective screens must be
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provided in certain specified processes. Floors, passages, gangways, stairs, and ladders must be soundly
constructed and properly maintained and handrails must be provided for stairs.
Special precaution against gassing is laid down for work in confined spaces where persons are liable to
overcome by dangerous fumes. Air receivers and fittings must be of sound construction and properly
maintained. Adequate and suitable means for extinguishing fire must be provided in addition to
adequate means of escape in case of fire must be provided.
Other specific provision of the act are listed below
a) Health
Cleanliness – dirt and refuse should be removed frequently- three times a week or if a lot,
removed daily.
Overcrowding – every worker should have at least 350 cubic feet in a workroom.
Design – The workroom should not be less than 9 feet in height.
Ventilation – There should be fresh air circulation in the room.
Lighting – Should be well illuminated
Drainage of floors – Floors should be made of material that allows good drainage.
Sanitary accommodation – There should be sufficient and suitable sanitary conveniences,
separate for each sex.
Dust and fumes must be properly removed
Protective clothing such as dust coats and masks should be provided.
b) Safety
Precaution against falls – Floors, ladders must be soundly constructed and properly maintained
and handrails provided for stairs.
Fires - There should be provided adequate and suitable means for extinguishing fire. Adequate
means of escape in case of fire should also be provided.
c) Welfare
Drinking water – An adequate supply of wholesome drinking water must be provided.
Washing facilities – Adequate and suitable washing facilities should be provided.
Accommodation for clothing – An adequate and suitable accommodation for clothing not
worn during working hours must be provided.
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First Aid – A first Aid box or cupboard of the prescribed standard, containing nothing but first
aid requisites, and in charge of a responsible person who must be always readily available during
working hours.
It further provides that;
In every workplace there shall be provided and maintained so as to be readily accessible, means
for extinguishing fire, which shall be adequate and suitable having regard to the circumstances
of each case.
All stocks of highly flammable substances shall be kept either in a fire – resisting store or in a
safe place outside any occupied building:
Provided that no such store as aforesaid shall be situated as to endanger the means of escape
from the factory or from any part thereof in the event of a fire occurring in the store.
Every factory shall be provided with adequate means of escape in case of fire for the persons
employed therein, having regard to the circumstances of each case.
All such means of escape as aforesaid shall be properly maintained and kept free from
obstruction.
The contents of any room in which persons are employed shall be arranged or disposed that
there is a free passageway for all persons employed in the room to a means of escape in case of
fire.
The proponent will comply with all requirements under this Act. The potential health and safety impacts have been
identified and measures to mitigate proposed.
4.3.6 The Public Health Act (Cap 242)
This Acts caters for the management of the issues with impacts on public health due to an enterprise.
Section 115 -No person/institution shall cause nuisance or conditions liable to be injurious or
dangerous to human health.
Section 116 -All local authorities take all lawful, necessary and reasonably practical measures to
maintain their jurisdiction clean, sanitary to prevent occurrence of nuisance or conditions liable to be
injurious or dangerous to human health.
Section 118 -Under this section conditions for nuisance are defined. It narrates that any obnoxious
matter or waste flowing or discharged from any premises into Public Street or into gutter or side
channel or water course not approved for discharge is defined as nuisance. Other nuisances are
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accumulated materials or refuse which in opinion of a medical officer is likely to harbour rats or
vermin.
Section 130 -This section allows local authorities to make regulation prohibiting use of water supply or
erection of structure dating filth or noxious matter into water supply.
Section 136 -This section further defines that accumulation of water, sewerage, rubbish, refuse and
other fluids which may facilitates breeding or multiplication of pests will be deemed as nuisance.
All the impacts relating to occupational health and safety have been assessed and mitigation measures provided and an
EMP to implement the measures
4.3.7 The Physical Planning Act (Cap 303)
Section 30 of the Act requires the local authority to provide permission for any development. It also
states that NO other licensing authority shall grant license for commercial or industrial use or
occupation of any building without a development permission granted by the respective local authority.
Section 29 controls the criteria for develop with power vested into local authority to;
Prohibit or control development of land or building in the interest of orderly development of
the area.
Reserve and maintain all land planned for open spaces.
Consider and approve all development application and grant all necessary permission.
Control or prohibit sub division of land or plots into smaller areas.
Formulate by-laws to regulate zoning with respect to use and density of population and
development.
Finally, Section 36 states that if in connection with a development application, local authority is of the
opinion that the proposed development activity will have injurious impact on the environment the
applicant shall be required to submit together with the application an environmental impact assessment
(EIA) report. EMCA, 1999 echoes the same by requiring that such an EIA is approved by the National
Environmental Management Authority (NEMA) and should be followed by annual environmental
audits.
The local authority – County Government of Machakosis participating in the project as one of the implementers and
therefore the project is implemented with necessary approval from the local authority
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4.3.8 The Penal Code
The statute, forbids the release of foul air into the environment which affects health of the other
persons.
It also provides that any person who violates the requirement of this statute is guilty of a
misdemeanour – meaning imprisonment of not exceeding two years with no option of fine. The law
prohibits
To make it noxious to the health of persons dwelling or carrying on business in the
neighbourhood or passing along public ways.
To make offensive or loud noise
The impacts relating to noise, health and safety have been addressed in the EMP
4.3.9 The Land Registration Land Act, 2012.
This is an Act of Parliament to revise, consolidate and rationalize the registration of titles to land, to
give effect to the principles and objects of devolved government in land registration, and for connected
purposes. The Land Registration Act of 2012 repeals the following previous legislations:
The Indian Transfer of Property Act, 1882;
The Government Lands Act, (Cap 280);
The Registration of Titles Act, (Cap 281);
The Land Titles Act, (Cap 282);
The Registered Land Act, (Cap. 300)
The project seeks to regularize tenure in the settlements selected for upgrade. The process is currently ongoing pursuant to
this Act.
4.3.10 The Land Act, 2012
This is an Act of Parliament to give effect to Article 68 of the Constitution, to revise, consolidate and
rationalize land laws; to provide for the sustainable administration and management of land and land
based resources, and for connected purposes. Previous laws repealed by this Act are:
The Wayleaves Act (Cap. 292);
The Land Acquisition Act (Cap. 295)
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This Act will be applicable for some sections of the settlements where there are encroachments or illegal occupation of way
leaves such as road reserves and sewer traverse routes.
4.4 Regulatory Framework
To operationalize EMCA 1999, NEMA through the relevant committee has issued the following
Regulations which have a bearing on the proposed project in regard to compliance with national
requirement:
4.4.1 EMCA (Water Quality) Regulations, 2006
These Regulations were published in the Kenya Gazette Supplement No. 68, Legislative Supplement
No. 36 and Legal Notice No. 120 of 29th September, 2006. The Regulations provides for sustainable
management of water resources including prevention of water pollution and protection of water
sources (lakes, rivers, streams, springs, wells and other water sources).
It is an offence under Regulation No. 4 (2), for any person to throw or cause to flow into or near a
water resource any liquid, solid or gaseous substance or deposit any such substance in or near it, as to
cause pollution.
Regulation No. 11 further makes it an offence for any person to discharge or apply any poison, toxic,
noxious or obstructing matter, radioactive waste or other pollutants or permit the dumping or
discharge of such matter into the aquatic environment unless such discharge, poison, toxic, noxious or
obstructing matter, radioactive waste or pollutant complies with the standards for effluent discharge
into the environment
Regulation No. 14 (1) requires every licensed person generating and discharging effluent into the
environment to carry out daily effluent discharge quality and quantity monitoring and to submit
quarterly records of such monitoring to the Authority or its designated representatives.
The regulations will apply to the activities during the operational phase. Compliance to the regulations will be observed
4.4.2 EMCA (Waste Management) Regulations, 2006
These Regulations were published in the Kenya Gazette Supplement No. 69, Legislative Supplement
No. 37 legal Notice No. 121 of 29th September, 2006. The regulations provide details on management
(handling, storage, transportation, treatment and disposal) of various waste streams including:
• Domestic waste
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• Industrial waste,
• Hazardous and toxic waste
• Pesticides and toxic substances
• Biomedical wastes and
• Radioactive waste
Regulation No. 4 (1) makes it an offence for any person to dispose of any waste on a public highway,
street, road, recreational area or in any public place except in a designated waste receptacle.
Regulation 5 (1) provides categories of cleaner production methods that should be adopted by waste
generators in order to minimize the amount of waste generated and they include:
a) Improvement of production process through-
Conserving raw materials and energy
Eliminating the use of toxic raw materials and wastes
Reducing toxic emissions and wastes
b) Monitoring the product cycle from beginning to end by-
Identifying and eliminating potential negative impacts of the product
Enabling the recovery and re-use of the product where possible, and
Reclamation and recycling and
c) Incorporating environmental concerns in the design and disposal of a product
Regulation 6 requires waste generators to segregate waste by separating hazardous waste from non-
hazardous waste for appropriate disposal
4.4.3 Environmental (Impact Assessment and Audit) Regulations of 2003
The requirements by NEMA as detailed in the Environmental (Impact Assessment and Audit
)regulations of 2003 are reflected as follows:
Section 11 of EIAAR, 2003 states: an environmental impact assessment study shall be conducted in
accordance with the terms of reference developed during the scoping exercise.
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Section 12 of EIAAR, 2003 states: the TOR shall include matters required to be considered in the
making of an EIA as may be contained in the Second Schedule to these Regulations and such other
matters as the Director General may in writing require.
The Second Schedule of EIAAR, 2003 states that the following issues may among others, be
considered in the making of environmental assessments:
1) Ecological Considerations
Biological diversity including:
Effect of proposal on number, diversity, breeding habits etc of wild animals and vegetation
Gene pool of domesticated plants and animals e.g. monoculture as opposed to wild types
Sustainable use including
Effect of proposal on soil fertility
Nutrient cycles;
Aquifer recharge, water run-off rates etc.
A real extent of habitats;
Fragile ecosystems
2) Social considerations including
Economic impacts
Social cohesion or disruptions;
Effect on human health;
Immigration or emigration;
Communication – roads opened up, closed, rerouted;
Effects on culture and objects of culture value
3) Landscape
Views opened up or closed
Visual impacts (features, removal of vegetation etc.)
Compatibility with surrounding areas;
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Amenity opened up or closed, e.g. recreation possibilities
4) Land uses
Effect of proposal on current land uses and land use potentials in the project area;
Possibility of multiple uses;
Effect of proposal on surrounding land uses and land use potentials;
5) Water – important aspects to consider are the effects of the proposal on:
Water sources (quantity and quality) including Rivers, springs, Lakes (natural and man made),
Underground water or Oceans as well as Drainage patterns / systems.
The third Schedule of the EIAAR, 2003 provide general guidelines for carrying out an environmental
impact assessment study that are summarized as:
Sources of impacts
Project inputs
Project activities
Areas of impact on the natural and human environments
Environmental impact (general impacts on the natural and human environment)
Environmental Guidelines and Standards (national legislation, international guidelines,
international conventions and treaties)
Mitigation measures
Environmental Management Plans
Environmental Monitoring and Auditing.
The development of this report was guided by the above recommendations and other frameworks mentioned previously
4.4.4 Noise and Excessive Vibration Pollution Control Regulations, 2009
Part II section 3(I) of these Regulations states that: no person shall make or cause to be made any loud,
unreasonable, unnecessary or unusual noise which annoys, disturbs, injures or endangers the comfort,
repose, health or safety of others and the environment and section 3(2) states that in determining
whether noise is loud, unreasonable, unnecessary or unusual. Part II Section 4 also states that: except as
otherwise provided in these Regulations, no person shall (a) make or cause to be made excessive
vibrations which annoy, disturb, injure or endanger the comfort, repose, health or safety of others and
the environment; or (b) cause to be made excessive vibrations which exceed 0.5 centimetres per second
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beyond any source property boundary or 30 metres from any moving source. Part III, Section 11(1)
states that any person wishing to (a) operate or repair any machinery, motor vehicle, construction
equipment or other equipment, pump, fan, air-conditioning apparatus or similar mechanical device; or
(b) engage in any commercial or industrial activity, which is likely to emit noise or excessive vibrations
shall carry out the activity or activities within the relevant levels prescribed in the First Schedule to
these Regulations. Any person who contravenes this Regulation commits an offence. Section 13(1)
states that no person shall operate construction equipment (including but not limited to any pile driver,
steam shovel, pneumatic hammer, derrick or steam or electric hoist) or perform any outside
construction or repair work so as to emit noise in excess of the permissible levels as set out in the
Second Schedule to these Regulations. These purposes include emergencies, those of a domestic nature
and /or public utility construction.
Section 14 relates to noise, excessive vibrations from construction, demolition, mining or quarrying
sites, and states that: where defined work of construction, demolition, mining or quarrying is to be
carried out in an area, the Authority may impose requirements on how the work is to be carried out
including but not limited to requirements regarding (a) machinery that may be used, and (b) the
permitted levels of noise as stipulated in the Second and Third Schedules to these Regulations. It
further states that the relevant lead agency shall ensure that mines and quarries where explosives and
machinery used are located in designated areas and not less than two kilometres away from human
settlements and any person carrying out construction, demolition, mining or quarrying work shall
ensure that the vibration levels do not exceed 0.5 centimetres per second beyond any source property
boundary or 30 metres from any moving source.
4.4.5 Air Quality Regulations
(Yet to be enacted)
Under the general prohibitions (Part II), section 5 states that no person shall act in a way that directly
or indirectly causes immediate or subsequent air pollution. Among the prohibitions are priority air
pollutants (as listed under schedule 2 of the regulations) that include general pollutants, mobile sources
and green house gases. Odours are also prohibited under section 9 of the regulations (offensive
emissions). Emissions into controlled areas such as schools, hospitals, residential areas and populated
urban centres are also prohibited. Part VII on occupational air quality limits in section 29 states that an
occupier of premises shall ensure that exposure of indoor air pollutants does not exceed the limits
stipulated under the Factories and Other Places of Work rules or under any other law. Other sources
are recognized at sections 32 and 33 are those arising from construction equipments and materials as
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well as particulate matter from demolitions of structures and buildings as well as stockpiled dry
materials.
4.4.6 Biodiversity Regulations
Part II of Regulations, section 4 states that no person shall engage in any activity that may have adverse
impacts on ecosystems, lead to introduction of exotic species or lead to unsustainable use of natural
resources without an EIA licence. The regulation puts in place measures to control and regulate access
and utilization of biological diversity that include among others banning and restricting access to
threatened species for regeneration purposes. It also provides for protection of land, sea. Lake or river
declared to be a protected natural environmental system in accordance to section 54 of EMCA, 1999.
These regulations complement each other with the World Bank OP/BP 4.04 policy. The regulations will be observed
during the project implementation.
4.5 Institutional Framework
The proposed project is likely to be influenced by the operational jurisdiction of various institutions
established under various statutes. The main ones are listed hereunder.
4.4.1 Institutional framework for EIA under EMCA
National Environmental Council (NEC)
The National Environment Council (NEC) is established under Section 4 of EMCA. NEC which is
chaired by the Minister in charge of the environment, is the highest policy making body under EMCA.
NEC is responsible for policy formulation and directions for purposes of EMCA. NEC sets national
goals and objectives and promotes cooperation among both public and private organizations engaged
in environmental protection programmes.
The National Environment Management Authority (NEMA)
The National Environment Management Authority (NEMA) is established under Section 7 of EMCA.
NEMA is the principal Government institution charged with the overall supervision and co-ordination
over all matters relating to the environment as well as implementation of all policies relating to the
environment. NEMA is responsible for dealing with EIA. NEMA has to date considerably developed
its human and other resource capacity to enable it coordinate the environmental management activities
of Lead Agencies.
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Provincial and District Environment Committees
Under section 29 (1) of EMCA, the Minister shall by notice in the gazette appoint Provincial and
District Environment Committees of NEMA in respect of every province and district respectively.
These committees assist NEMA in effectively carrying out its function of proper management of the
environment at these levels. It is instructive to note that the membership of these committees include
inter alia representatives of farmers or pastoralists, business community, women and youth.
Public Complaints Committee PCC
The Public Complaints Committee is established under Section 31 of EMCA. The PCC is concerned
with the investigation of complaints relating to environmental damage and degradation generally. The
PCC has powers to investigate complaints against any person or even against NEMA or on its own
motion investigate any suspected case of environmental degradation. The PCC is required by law to
submit reports of its findings and recommendations to NEC. The law however is weak in that it does
not provide PCC with the mandate to see its recommendations carried through. Further, NEC is not
specifically required to do anything with regard to the reports submitted by the PCC and will often note
and adopt the same without any further follow up action. So far the PCC has experienced challenges
such as failure to honour summons, hostility between parties, hostility directed at PCC investigators,
lack of understanding of EMCA and abdication of duty by Lead Agencies.
Standards and Enforcement Review Committee
The Standards and Enforcement Review Committee (SERC) is a committee of NEMA and is
established under Section 70 of EMCA. This is a technical Committee responsible for formulation of
environmental standards, methods of analysis, inspection, monitoring and technical advice on necessary
mitigation measures. The Permanent Secretary under the Minister is the Chairman of the Standard and
Enforcement Review Committee. The members of the SERC are set out in the third schedule to
EMCA. They consist of representatives of various relevant government ministries and parastatals that
are Lead Agencies as well as those responsible for matters such as economic planning and national
development, finance, labour, public works, law and law enforcement, etc. Other members are drawn
from public universities, and other government institutions.
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National Environmental Tribunal (NET)
The NET is established under Section 125 of EMCA for the purpose of hearing appeals from
administrative decisions by organs responsible for enforcement of environmental standards. An appeal
may be lodged by a project proponent upon denial of an EIA license or by a local community upon the
grant of an EIA license to a project proponent. NEMA may also refer any matter that involves a point
of law or is of unusual importance or complexity to NET for direction. The proceedings of NET are
not as stringent as those in a court of law and NET shall not be bound by the rules of evidence as set
out in the Evidence Act. Upon the making of an award, NET’s mandate ends there as it does not have
the power to enforce its awards. EMCA provides that any person aggrieved by a decision or award of
NET may within 30 days appeal to the High Court.
4.4.2 Institutional framework under KISIP
Ministry of Lands, Housing and Urban Development The Ministry of Lands, Housing and Urban Development is responsible for housing policy and shelter
provision in Kenya. Its main objective is to promote the provision of adequate and affordable shelter
to all Kenyans. The Ministry plays a supervisory as well implementation of KISIP project in the
identified Municipalities in Kenya.
Ministry of Lands The Ministry of Lands is responsible for land settlement, adjudication, registration of titles, planning
and acting as custodian for government land. The Ministry will participate in the tenure and
regularization under component one of the project and in the process of physical development plan.
The Municipal Council of Machakos
The Municipal Council of Machakos (MCM) is established under the Local Government Act Cap 265
(now repealed by the Urban Areas and Cities Act of 2011) of the Laws of Kenya. Amongst its key
responsibilities is that which entails mobilization of internal and external resources and within existing
regulatory framework, directing such resources towards addressing the basic needs of the populace in
the town. It will be operating under the supervision of the County Government of Machakos as a
decentralized unit. Under KISIP, the MCM is charged with the responsibility of project monitoring in
all four project components.
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CHAPTER FIVE – PUBLIC PARTICIPATION
5.1 Background
Public Consultation and Participation featured in the two phases of the planning and design stage of
the project. Phase 1 activities that involved consultations included the following aspect: the socio-
economic survey; preliminary settlement upgrading plans; community level consultations to determine
infrastructure investment priorities of residents; and the Pre-EIA Screening activity that was aimed at
determining the applicability of the investments to schedule 2 of EMCA and World Bank
Environmental and Social policies. In phase 2 activities where Environmental and Social Impact
Assessment falls, public consultations have also been undertaken.
Public consultation and participation is an aid to project planning and an important process during
ESIA. The purpose is to involve, inform and consult the public in planning, management and other
decision-making activities. Public participation tries to ensure that due consideration is given to public
values, concerns and preferences when decisions are made. It encompasses the public actively sharing
in the decisions that government and other agencies make in their search for solutions to issues of
public interest. It is a mandatory requirement under EMCA 1999 and the the EIA/EA Regulations, for
all environmental impact assessments done in Kenya to incorporate a Public Consultation. The aim is
to ensure that all stakeholder interests are identified and incorporated in the project development,
implementation and operation.
5.2 Objectives
The following were the objectives of the public and stakeholders consultations:
To inform the residents, leaders and other stakeholders about the proposed project and
highlight the possible environmental and social impacts
To seek views, concerns and opinions from the residents of the settlements and other
stakeholders in the settlements concerning the investments prioritized and their implications
To establish if the residents of the settlements and the stakeholders anticipated any positive or
negative environmental and social effects from the project and if so, take their suggestions on
how to address the perceived impacts.
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5.3 Methodology
5.3.1 Public baraza/meeting
A public baraza was organized in Kariobangi and Swahili Village on the 29th and 31st of January 2013
respectively. The barazas were facilitated by the Provincial administration in the area represented by the
Chief. The residents of the settlements participated in large numbers together with local leaders drawn
from religious, business, and community based groups. NEMA Machakos County office was also
represented. The list of participants is provided in the appendix of the report.
Figure 11: Public participation meetings in Kariobangi and Swahili Village
5.3.2 Focused Group Discussion
There was a Focused Group Discussion targeted at opinion leaders in the settlements. The group
comprised majority of SEC members who are more informed about the project.
5.3.3 Direct Interviews
Direct interviews were undertaken during the field studies. Municipal council officers, the local chief,
village elders and youth from the settlements were interviewed on different aspects of the project and
the impacts they anticipated. SEC chairpersons for Swahili and Kariobangi were also interviewed.
5.3.4 Questionnaire administration
A structured questionnaire that had 4 questions was used to collect views and opinions from different
stakeholders that included government, learning institutions, local CBOs and other interest groups. 20
questionnaires were returned, 10 from each settlement. The filled questionnaires are provided in the
appendix section of this report.
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5.4 Outcome
The outcomes of the public consultations are highlighted in the sections below.
Positive impacts anticipated
- The project will create employment opportunities for the locals especially the youth during the
construction stage
- The project will benefit a community that had been neglected by the local authorities
- The residents will have their living conditions improved
- Security in the settlements will improve
- The project will boost business in the area
Negative Impacts anticipated
- Dust and noise will affect the residents during construction activities
- Water shortages will be experienced due to interruption of supplies
- Environmental pollution from sewers, and pit latrine located along the roads
- Respiratory diseases due to air pollution
- Health and safety of the children will be a concern during construction
- Social disruptions due to inaccessible routes under construction
- Drug and alcohol abuse among the local youth
- Antisocial behaviours and risks of HIV/Aids
Key Concerns and suggestions/proposed mitigation
A summary of public and stakeholder concerns/suggestions with responses/proposed mitigation
appear in the table 3 below:
Table 3: Summary of issues of concern and proposed mitigation measures Issues of concern/suggestion Proposed mitigation Measure/Response
- the local community/residents should be
fully involved in the project
implementation
- The SEC will continue representing the community and creating more awareness
- Concerns that the construction activities - The Contractor will adhere to all the laid down guidelines on health and safety
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may interfere with pit latrines in Swahili
village posing health risks and children’s
safety
during construction
- There were concerns on the likely
displacements in Swahili village for those
who had encroached the road reserves and
public corridors or even along sewer lines
- A RAP will address the issue of permanent or temporary involuntary resettlement and restriction or access.
- The residents urged to abide by the laws protecting road reserves and wayleave areas
- There also concerns on the integrity of the
old building structures in Swahili village to
withstand any vibrations or earth
movement.
- There earth movements or vibrations due to construction will be of small magnitude
- Owners of such buildings to consider rehabilitating the structures to ensure safety of occupants
- The local youth be given priority for employment
- Top priority will be given to the locals in regard to employment
- It was suggested that the contractor consults with utility provider prior to commencing the project work to ensure interruption of supplies are minimized or avoided
- The measure will be taken and will be provided in the guidelines for the contractor
Conclusion
The communities in Swahili and Kariobangi settlements maintained that they were keen on seeing the
prioritized investments funded and implemented. Overall, the public and all the stakeholders consulted
have considered the project positively and would like to see it implemented in the soonest time
possible.
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CHAPTER SIX – ANALYSIS OF PROJECT ALTERNATIVES
This section analyses the project alternatives and their implications. The alternatives include; alternative
location; the current project option; alternative designs and technology option and the “No Project”
option.
6.1 No Project alternative
The no project alternative would imply that the project does not proceed and the current situation in
the settlements remains. The deplorable conditions of the roads, sewer disposal and drainage would
persist and the process of tenure regularization is abandoned. The residents will continue getting
exposed to health and physical risks due to poor sanitation, flooding, and dust during dry seasons. The
poor drainage systems will continue exposing soil to erosive elements while the discharge from
domestic sources will continue polluting the ecosystem. These are the advantages and disadvantages of
taking this option:
Advantages
The developer and the donor will no incur any cost for the investment
Potential environmental and social impacts will be avoided
Disadvantages
The Town of Machakos will not realize the development that could have been triggered by the
project
Hope of improved living standards for Swahili and Kariobangi settlements will be dashed
The informal settlements my continue expanding and the issues become more complex
Environmental degradation linked to poverty in informal settlements will continue
The Town and the entire County will not realize its development vision leave alone the national
vision 2030 and the MDGs
KISIP will fail to achieve its objective of improving living conditions for 2.5 million slum and
informal settlement dwellers under the medium term plan
6.2 Alternative location/settlement
The option of an alternative location/settlement within Machakos Municipality is not available for the
developer. KISIP‘s overall objective is to improve living conditions of informal settlements in Kenya
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and a competitive selection procedure was used to select participating Municipalities. There are no
alternative informal settlements to Swahili and Kariobangi within Machakos Municipality. The
settlements met the requirements based on the following set criteria:
The land is owned by the government - Swahili and Kariobagi settlements are on trust land which
is government land
The settlement should not be located in hazardous site or in an environmentally fragile site - The
site is not environmentally fragile
The size and density of the settlement – the settlements has significant population living in there
therefore the project will benefit over 10,000 residents
There should be no massive displacement due to upgrading – There will be minimal or no
displacement at all due to the project
Proximity to trunk infrastructure – The settlements are part of the Town which is well served by
trunk infrastructure for sewer, water supply and electricity.
Community readiness to participate – The communities in the settlements readily accepted the
development and have showed active participation since the inception
To realize this option the developer has to identify another settlement within the Municipality and has
to subject it to the above criteria. The following are the advantages and disadvantages of exploring this
option:
Advantages
Environmental social impacts due to the proposed development in the current settlements will
not occur
The alternative site/settlements will benefit from the upgrade at the expense of the currently
selected settlement
Disadvantages
Swahili and Kariobangi settlements will lose an opportunity for upgrade and the residents will
continue being subject to poor and undignified living standards
The currently selected settlements will lose an opportunity for employment from the project
and ensuing secondary development
The Town stature may not improve and could fail to eradicate slums and informal settlements
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The Millennium Development Goals on poverty eradication may not be achieved and the
Vision 2030 will be a pipe dream.
6.3 Alternative design and Technology option
This option was considered in the development of the project. The objective was to find the most cost-
effective and environmentally friendly designs and technology during construction. The technology
applied will meet local and internationally established standards. The factors that informed the process
of developing SUP included the environmental and social characteristics of the sites; cost of the designs
and technology to be applied; durability, sustainability and the changing scenarios/future projections.
The proponent will adhere to best and common industry practices applicable to urban infrastructure
6.4 Current project option
This option of means the proposal to invest on infrastructure prioritized in Kariobangi and Swahili is
pursued. This is a feasible option in terms of location after consideration of factors including those set
out in the selection criteria. Significant effort has gone into preparation for the development in the
settlements. Members representing the community under the Settlement Executive Committee (SEC)
have participated in capacity building and leadership training events and several consultations and
participation of the community in project design has taken place. Several processes are under way
including regularization of tenure and development of physical plans. This option has the following
advantages and disadvantages:
Advantages
The living standards of the residents will be improved by the upgrading of roads, sewerage,
drainage and water supply infrastructure
The project contribute to environmental restoration as it will provide a means for proper
disposal of sanitary waste, prevention of soil erosion and reduced human health risks
The upgrade of infrastructure and tenure regularization will boost property value in the
settlements and more investments will be realized
The living environment will become more conducive, add that to the accessibility and the net
result is increased trade and better housing
The project will be a means to achieving MDG on Poverty eradication locally and a step
towards the realization of the Vision 2030.
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Machakos Town will improve its stature and keep to the standards of the environed Nairobi
Metropolitan Region.
Disadvantages
The development will temporarily have negative environmental and social impacts
The project will displace persons on its traverse routes causing loss of livelihoods and shelter
The project might lead to escalation of rental value disadvantaging the tenants and pushing
them to other informal settlements
The project might encourage the mushrooming of other informal settlements that will
anticipate to benefit from similar intervention
Summary
The current project option/alternative seem plausible from environmental, economic and social
standpoint therefore is elected over the other alternatives.
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CHAPTER SEVEN –THE POTENTIAL ENVIRONMENTAL AND
SOCIAL IMPACTS
Introduction
This chapter presents identification and appraisal of various impacts from implementation of the
KISIP project in the study area. Generally, the environmental impacts can be categorized as either
primary or secondary. Primary impacts are those which are attributed directly and secondary impacts
are those which are indirectly induced and typically include the associated investment and changed
patterns of social and economic activities by the proposed action. The proposed project would
create impact on the environment in four distinct phases:
Planning and Design
Construction
Operation
Decommissioning
The planning, constructional, operational, and decommissioning phases of the proposed project
comprise various activities, each of which will have an impact on some or other environmental and
social parameters. Various impacts during the construction, operational and decommissioning
phases on the environmental parameters have been studied and are discussed below.
7.1 Positive Impacts during the Planning and Design Phase
7.1.1 Employment Creation
This phase of the project which is almost complete created employment opportunities to
professionals including engineers, urban planners, and several youth. Professional fee charged by the
various experts could have a trickle-down effect that impact positively on local economy. Youth
engaged in survey data collection and participation in the consultation forums were engaged
positively although in a short period. Indirectly, those in the business of venue hiring and catering
services have benefited due to the proposed project.
7.1.2 Capacity building and awareness creation
The communities of Swahili and Kariobangi have had meaningful participation and gained great
insight about the project. The participation provided the community a chance to give their input to
the planning and design of the project. Information disseminated in consultative forums including
barazas creates awareness and improves knowledge on issues that the communities would otherwise
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not be aware of. The representatives of the communities have opportunities for capacity building
and skills acquisition.
7.2 Negative Impacts during the Planning and Design phase
The project is not anticipated to cause any significant negative impact during the planning and
design stage. However, speculative tendencies which creates artificial situation in pricing of housing
may arise. Competing claims and conflicts may also arise over property ownership or boundary
demarcation. This could be minimal if it at all it occurs.
7.3 Positive Impacts during the Construction Phase
7.3.1 Creation of employment
During this period there will be employment opportunities for consultants, casual labourers and
other persons involved in the project. Majority of the unskilled and semi-skilled workforce will be
sourced from the Swahili and Kariobangi communities. In addition to the direct employment
opportunities, the local population would also have employment opportunities in related service
activities like petty commercial establishments such as food kiosks, and other informal business.
7.3.2 Improved economy
The project will rely on locally available materials for construction of roads and extension of trunk
infrastructure for sewerage, water supply and drainage. This will boost local businesses producing
required raw materials and will also translate into revenue for the government through taxes
imposed on the purchased or consumed materials.
7.3.3 Improved living standards
The opportunities which will come up during the construction phase of the project will increase
result in revenues for locals. In addition, the influx of immigrants into the project surroundings will
improve money circulation within the project area. This will in turn lead to the initiation of several
businesses by entrepreneurs within/around the project site. This will promote the informal sector in
securing some temporary revenue and hence improved livelihood.
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7.4 Negative Impact during the Construction Phase
7.4.1 Loss of Vegetation
The proposed investments that will improve on roads, sewerage, and water and sanitation drainage
infrastructure may potentially result in clearance of some vegetation in-situ. At the material borrow
sites; vegetation could also be lost during extraction process. Clearing of the vegetation may have
other secondary negative impacts such exposing the soil to agents of erosion and changes in the
landform and alteration of the land aesthetics. Overall, the impact of vegetation and biodiversity loss
is expected to be minimal.
7.4.2 Soil erosion and disturbance
During construction, there are high possibilities of soil erosion occurring especially in areas where
there are steep slope gradients. Ground preparation activities such as leveling and excavation for
construction will cause soil disturbance which may lead to soil erosion. Extraction of construction
materials will also cause soil disturbance. In Kariobangi settlement where t has a steep slope, eroded
soil may end up in Iyini river and interfere with water quality directly through increasing turbidity
levels, siltation and indirectly from contaminants carried with or attached to eroded soil particles.
The possibilities are high specifically during rainy and dry windy seasons and the problem becomes
serious when the topsoil is left bare and agents of erosion become active. Soil erosion is a serious
problem both at its source and downstream of the development site. Adequate measures will be in
place to prevent or reduce soil erosion.
7.4.3 Impact on local hydrology and drainage
The construction phase activities may result in compaction of the ground and formation of
impervious surfaces thus increase the volume and rate of runoff. This will affect the existing storm
drain patterns and recharge of ground waters. If adequate drainage is not provided, may result in
water ponding a factor which may create suitable breeding grounds for disease vectors such as
mosquitos and also increase outbreaks of certain water borne diseases.
The rate of ground water recharge, its flow and conditions will greatly be influenced by changes in
the shape of the land and built or paved areas. Project related excavation could also lead to surface
and ground water quality degradation especially when contaminants such as oil leaks are allowed to
go into the soil. The excavated area, if linear could act as a conduit to extend groundwater
contamination to new areas. Spills of hazardous materials in excavated areas during construction
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could introduce contaminants to surface and ground water elsewhere especially due to increased
surface run offs. In this regard it is important to note that in Machakos Town that ground aquifers
are located along river valley, that is where most borehole are also located.
Provision of adequate drainage during the construction phase of the project will be ensured to
reduce the impact on ground water recharge and water quality degradation. Storm drains and stream
crossing will be well planned to reduce the frequency of flooding, enhance surface flow and ground
water recharge
7.4.4 Displacements and Resettlements
The proposed project may displace households and business premises that sit along the traverse
routes and reserves. Involuntary resettlements may also be necessary to pave way for the project
especially in congested settlement like Swahili. A RAP will be developed to address all the issues of
resettlement. Displacement could also occur due to activities that could cause flooding of
homesteads or where run-off course is interfered with and hence forms a course through residences
or business premises. Due consideration for likely displacement and resettlement impacts will be
made and necessary mitigation is contained in respective RAPs. The RAP will be implemented
before construction work on the project begins.
7.4.5 Interference of utilities/services routes
Construction activities especially in an already developed area, interference with key services may
sometimes be inevitable. This is even made worse when the developed areas such as the settlements
did not adhere to any physical development plan including urban plans. Introducing further
development in such areas can create a lot of disruption of utilities such as water and electricity. The
residents may occasionally experience cut supply of utilities and where there is need for utility
providers to respond to emergencies may be impossible if access routes are rendered impassable by
construction activities. The contractor prior to commencement of the works will have consulted the
local utility and providers to map out points of traverse for such utilities and service lines.
7.4.6 Solid waste generation
Large amounts of solid waste will likely be generated during construction phase activities, this
entails: excavation work; uprooting old and dysfunctional infrastructure; desilting of storm drains
and removal of garbage stockpile along traverse routes. Solid waste will include rubbles and debris
from masonry structures, wood, sludge and silt, metal cuttings, rejected materials, surplus materials,
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excavated materials, cement bags and other packaging containers, among others. Food leftover will
also be common due to the large number of construction crew who may from time to time bring
food to the site. The construction crew will also generate faecal waste during their day-to-day
operations
Solid wastes if not well managed have a potential of causing disease outbreaks due to their presence
providing suitable breeding conditions for vectors of certain diseases. Outbreak of diseases such as
Malaria could be exacerbated by the presence of open water ditches for breeding of anopheles
mosquitoes. The major vulnerable groups are children who could be exposed to these conditions.
The generated waste needs proper handling to prevent pollution of ecosystems and contributing to
associated health risks including disease, such as cholera, typhoid and diarrhoea outbreak on the site.
Solid waste management plan will be put in place in close collaboration between the project
proponent and Machakos County Government before beginning of civil works on the project to
avoid any adverse impacts.
7.4.7 Increased energy and water use
Construction activity will require both energy and water in substantial amounts. A lot of energy will
be required to run construction equipments and transport vehicles. Significant quantities of
petroleum fuel and high electric power consumption will be needed during the constructional phase
of the project. This demand for energy will put additional strain on scarce energy resources and
increased use of fossil fuel will mean additional green house gases to the atmosphere. Water will be
an input in construction, cleaning and washing activities and for drinking purposes. Water will also
be needed to arrest dust along the roads and any other such project areas that may emit dust. The
peak demand for water that will be created at that stage of the project will tend to put pressure on
the scarce water supplied to the Town.
These impacts will however be short-term in nature only limited to the constructional phase
activities. All contractor facilities will be equipped with rainwater collection. The project proponent
may also create new boreholes for project use, which can be transferred to community by the end of
construction activities.
7.4.8 Liquid waste generation
The project is likely to generate liquid waste during the construction. The liquid will include sanitary
effluent from both the construction crew and from the settlements sewer handling system that may
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from time to time experience disturbance or breakage due to construction activities. The liquid waste
if where it is not properly handled and disposed off may end as runoff thus contaminating Iyini
River and local groundwater sources through seepage. Proper planning of project activities and
mitigation measures will be put in place to minimize the impacts on the environment. An agreement
between the project proponent and the County Government will be signed to facilitate proper
treatment and removal of waste from the site.
7.4.9 Hazardous spills
Hazardous materials including chemicals as well as oil used during construction may accidentally
spill and will potentially contaminate both soil and water causing serious environmental degadation.
Possibilities of such hazardous material including oils spilling and contaminating the soil and water
within the project site are real. The potential sources of oil spills are deployed machines which may
contain moving parts, may require continuous oiling to minimize the usual corrosion or wear and
tear; moving vehicles on site which may require oil and other lubricants change. Maintaining the
machinery in specific designated areas designed for this purpose can substantially contain these
dangers. Confining the handling and use of hazardous materials at the construction site can go a
long way in reducing the risks of accidental spills. Safety information will be provided in a timely
manner to all contractors and settlement residents.
7.4.10 Air emissions from dust and exhausts
Air emissions impacts due to construction activities are a cause for concern mainly in the dry
months due to dust particles. The main sources of emission during the construction period are the
movement of equipment at the construction site and dust emitted during construction related
activities. Exhaust emissions from vehicles and equipment deployed during the construction phase
are also likely to result in marginal increase in the levels of SO2, NOx, SPM, CO and un-burnt
hydrocarbons. The impact will be marginal and temporary in nature and will be confined locally to
the project site.
7.4.11 Noise and Vibration
Noise and vibration will be a key feature in the construction activities of the proposed project due to
machinery and equipments that will be deployed. Heavy construction equipment frequently creates
loud noise level. Moving machines and incoming vehicles delivering construction materials are the
potential sources of noise. High noise level may distract concentration, cause difficulties in speech
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communication and increase the risk of accidents. Long term exposure to excessive noise may cause
permanent hearing damage.
Ground borne vibrations will likely be generated and transmitted through the ground to nearby
structures during construction work in the settlements. This can result in lead to weakening of
existing structures and in extreme cases, structural damage to nearby buildings. The propagation of
vibration is site specific and dependent on the characteristics of the soil and substrata. Most of the
vibrations could result from construction equipment such as, compacting equipment used in road
construction. The vibration from such equipment may cause carpal tunnel syndrome to the
operators. The proposed project is small and may not require such heavy equipments.
The communities from the two settlements are likely to be affected by noise and vibrations due to
the proposed activities. The contractor is required to only work between 7am and 6pm to minimize
disturbance to residents. This however, will be marginal and transient in nature.
7.4.12 Public/occupational health and safety impacts
The proposed project will involve some considerable amounts of civil works. This will present safety
risks to settlements population as well as to the construction staff. The Occupational Safety risks
can arise from various constructions activities such as excavations, movement of heavy equipment
and vehicles, increased traffic at the project site among others.
Traffic related hazards will affect the public as well as construction staff. Excavated areas that form
pits are potentially risky depending on the depth. Storage of fuel and hazardous substances poses
health as well as safety risks. The workers who will be involved in the civil in the construction work
in the construction site may be exposed to various hazardous substances and physical agents, e.g.
lead, silica dust, organic solvents, welding fumes, radiation, noise and vibration. Excessive exposures
to these substances/agents may result in acute injury, chronic illness, permanent disability or even
death. Loss of concentration at work and fatigue arising from poor health conditions may increase
the risk of accidents.
The impacts will be minimized by strictly adhering to the requirements of the Occupational Safety
and Health Act (OSHA) 2007 requirements. World Bank Group Environmental, Health and Safety
Guidelines provide additional recommendations which can be adopted by the contractor.
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7.4.13 Influx of immigrant workers
The project is likely to attract immigrant workers seeking employment from the project construction
work. The influx of these immigrants to the project area may potentially bring along antisocial
behavior that could range from crime, prostitution and the attendant risks of spread of HIV/Aids.
The strangers could negatively influence community’s social values and potentially lead to more
informal establishments against the project development objective. Drug and alcohol abuse may
become a problem especially that income is derived from casual employment. Diverting the income
into alcohol and drugs would negate the genuine purpose of creating employment locally and
contributing to poverty eradication. The contractors will be required to give priority to local
residents when hiring the workforce for the project.
7.5 Positive Impacts during the Operational Phase
7.5.1 Improved living conditions and health in the settlements
The products/outputs of construction phase will be improved and accessible roads, sound drainage
system, and accessible connection to water supply and sewer connection. The improvement of the
water and sanitation infrastructure in the settlement will ensure a better management of storm water
and control of flood. The baseline socio economic survey report findings indicate that flooding
during heavy rain was a severe problem for 24 % of the households and about 197 (68%) of the
households were suffering from Malaria in Swahili Settlement, while in the Kariobangi settlement
flooding is a problem to 19% of the households and 76.3% of the households suffer from Malaria.
The proposed project will address these problems by ensuring proper management of flood and
storm water and also eliminate water logged conditions that provides conducive breeding grounds
for malaria vectors. There will also be a reduced risk of water borne diseases that is normally
associated with flooding as a result of improved sanitation infrastructure. Road construction and
provision of a proper drainage system for the roads will not only address the problem of poor road
condition in both settlements but also ensure proper flow of storm water hence better flood control
7.5.2 Promotion of secondary development
Improvement of the existing road infrastructure will address the problem of 44% of the households
which do not have access to a paved road and that of poor condition of main road in the last dry
season, being a problem to 37% of the households in Swahili settlement and the close to 80%
households in Kariobangi which do not have access to paved roads as per the findings of the socio
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economic survey. This is also likely to open up the settlement to trade, enhance multiplier effect of
economic development of the area, and improve transportation services which will mean increased
potential of the settlement.
Other secondary developments such increase in the value of land, aesthetics and capital appreciation
will greatly attract investment to the settlement. Formal and informal employment and income
generation opportunities will therefore arise.
7.5.3 Improved service delivery, emergency preparedness and response
The construction of roads and pipeline infrastructure will enhance service delivery to the residents
by the municipalities. These services include utility provision (water, sewerage) and emergency
response to distress calls including fire, ambulance and security emergencies. Accidents due to
human and traffic interaction will be reduced because foot and be paths will also be constructed
along the roads.
7.5.4 Improved environmental aesthetics in the settlement and reduced pollution
The project after construction will have improved the aesthetic nature of the environment in the
settlement by getting rid of eyesores due to pooling waste water, burst sewer flowing along
pathways, and dusty roads. Beautification of the settlements and street will made possible with
sound infrastructure put in place.
With proper drainage facilities and sewer disposal systems, discharge into the environment and
aquatic ecosystems will reduce thus restored health of such critical ecosystems like the River Iyini.
7.5.5 Community participation in environmental management at the settlements
The community will have a chance to participate in the management of environment through
Community Environment Management Committee that will develop action plans and mechanism
for ensuring sustainability of the project. This will be an opportunity to create cohesion in the
communities and build capacity.
7.5.6 Expanded urban infrastructure
The project will have expanded the existing infrastructure and this would trigger growth and
development of the urban Machakos in line with the County’s strategic vision and national goals
contained in the Vision 2030.
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7.6 Negative Impacts during the Operation Phase
7.6.1 Increased demand for water and energy
The households will be able to access water supply unlike before when the relied on kiosk or
vendors thus the more households will be put pressure on the utility supplier. The current supply
from the Machakos Water and Sewerage Company cannot meet the current demand estimated at
15,000m3/day to 20,000m3/day since its capacity is about 2000m3/day. With increased consumers,
water shortage crisis in the town will be severe. Energy demand will go up due to lighting demands,
water supply and sewage disposal.
7.6.2 Strained capacity of the public sewerage treatment facility
The project will extend the existing sewerage system therefore adding the number of those with
formal connection to the public sewerage network. This will put additional strain on the old sewage
treatment plant which could be no longer efficient could potentially lead to more pollution to
Rivers Iyini and Matheu by untreated sewage.
7.6.3 Increased runoff and alteration of local hydrology
Compacted surfaces such roads and other paved areas will create impervious surfaces thus
increasing horizontal flow of water which collects as runoff. Increased runoff could alter the rate
and volume of storm drainage patterns and ground water recharge. This would alter local hydrology.
7.6.4 Rise in the cost of living
With better infrastructure and regular tenure, landlords are likely raise rental charges to the
disenfranchisement of the tenants whose incomes are very low.
7.6.5 Changing land use
Such developments could put pressure on neighbouring land as the settlements expand as a result of
growing population. Without adequate planning for growth this could see the development of other
informal settlements.
7.7 Positive Impacts during the Decommissioning Phase
7.7.1 Availability of land/space
Upon decommissioning, the areas that previously had roads and trunk infrastructure will be available
and could be used for other developments including residential housing.
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7.7.2 Rehabilitation of the site
The site that was previously under the development will be restored to its original status or close to
it. This will involve replacement of topsoil and re-vegetation.
7.7.3 Employment opportunities
The decommissioning will create temporary employment to the people who will participate in the
dismantling and removal of all infrastructure.
7.7.4 Less strain on utilities
Strain on utilities such as water and public sewerage treatment facility will cease after the
decommissioning of the project.
7.7.5 Reduced traffic related accidents
The traffic will reduce on the roads or along access routes hence cases of traffic related accidents
will reduce.
7.8 Negative Impacts during the Decommissioning Phase
7.8.1 Impacts on service delivery
If the proposed project is decommissioned service delivery in the municipality will be affected.
Services like supply of water, sanitation and sewerage services will cease to be provided in the
project areas.
7.8.2 Reduced accessibility
Accessibility to the settlements/project site will be affected if roads are no longer at use.
7.8.3 Impacts on health and sanitation
During decommissioning water supply and sewerage services will no longer be provided. Residents
will no longer access clean water and sewage management will be a challenge leading to increased
risks of waterborne diseases.
7.8.4 Waste generation
Debris will be created from the demolition of project components such as pipe lines, road
construction materials.
7.8.5 Increased vandalism and petty crimes
If the project ceases and is decommissioned, some crook may see an opportunity to steal and
vandalize some of the components for quick financial gains.
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7.9 Environmental and Social Impact Evaluation
This section presents an analysis of the predicted impacts that will arise as a result of the proposed
projects in the two settlements. The analysis based on duration, severity rank, and weighting is
adopted from the tables 7.1 and 7.2 of the ESMF generic matrices
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Table 4: Potential positive environmental and social impacts for the proposed project
Investment Activity Primary Impact Secondary
Impact
Duration of
Impact
Feasibility of mitigation
Severity ranking
Design and Construction phase 1. Roads &
drainage 2. Water supply
and sanitation infrastructure
3. Sewerage 4. Security lighting 5. Solid waste
management
- Construction of roads
- Construction of water supply and sanitation infrastructure
- Extension of the sewerage network
Employment creation
Additional income to workers
Long-term High 2P
Creation of business opportunities for the material suppliers, food vendors
Increased revenues and improved economy
Long-term High 2P
Improved accessibility
Improved aesthetics; better movement of traffic, goods and services
Long-term High 2P
Operation phase Better storm water
evacuation Flooding avoided and breeding grounds for mosquitoes and other diseases causing vectors is reduced
Long-term High 2P
Accessible roads and
Improved accessibility and reduced accidents
Long-term High 2P
Water supply and sanitation infrastructure in place
Improved disposal of waste water and better living conditions
Long-term High 2P
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Sewerage connection to the settlements
Improved capacity foe sanitary effluent t disposal and sanitation; reduced risks to health and pollution of environment
Long-term High 2P
Better collection and disposal of solid waste
Improved environmental and human health; reduced pollution and risks to human health
Long-term High 2P
2P=High positive impact, P= moderate positive impact
Table 5: Prediction of adverse environmental and social impacts for the proposed project
Investment/ Activity Primary Impact Secondary Impact Duration
of Impact
Feasibility of mitigation
Severity ranking
Weighting
Design and Constructional Phase
1. Roads and drainages
2. Water supply and sanitation Infrastructure
3. Sewerage 4. Street and security
- Relocation of residents and businesses and damage to existing structures,
- Disruption of families, loss of shelter and businesses (loss of livelihoods)
Short-term Irreversible Medium N
- Alteration of local hydrology - Increased run-off due to increased paved surfaces ,
Long-term Irreversible Medium N
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lighting 5. Solid waste
management
- Liquid waste generation - Impact on water quality Short-term Reversible
- Air emission - Respiratory diseases
- Solid waste generation - Diseases vectors and pests habitation
Short-term Reversible Medium N
- Occupational Health and Safety Concerns for
construction crew and others
- Injuries to workers either due to long term exposure or accidents reduces their productivity and increases costs top the state and society
Short to
long term
Both
reversible and
irreversible
Low N
- Increased demand for water and Electricity
- Air pollution and
strained resources
Short-term Reversible Low N
- Increased wages due to employment
- Antisocial behaviour and exposure to HIV/Aids
Short to
long term
Both
reversible and
irreversible
Low N
- Influx of speculative workers
- Proliferation of informal activities and security risks
Short term
to long
term
Irreversible Low N
- Disruption of routes and services
- Inconvenience to residents, motorists and accidents
Short-term Irreversible Low N
Operation phase
- Increase in cycling and vehicular speeds
- Traffic accidents Long-term Irreversible Low N
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- Vending and other businesses along the project site
- Solid waste generation, blockage of drainage systems, vermin
Long-term Irreversible Medium N
- Generation of Wastewater
Soil and water pollution
Long-term Irreversible Low N
- Increased demand for water and energy
- Water shortage and increased carbon emission due to power generation and water treatment
Long-term Irreversible High 2N
- Alteration of local hydrology - Increased runoff Long-term Irreversible Low N
- Increased access to the public sewerage system
- Increased volume of untreated sewer that will strain the facility
Long-term Irreversible High 2N
- Improved infrastructure in the settlement
- Rising cost of living commensurate with the improved standards
Long-term Reversible Low 0
Investment/ Activity Primary Impact Secondary Impact Duration
of Impact
Feasibility of mitigation
Severity ranking
Weighting
Design and Constructional Phase
6. Roads 7. Water supply and
sanitation Infrastructure
8. Sewerage
- Relocation of residents and businesses and damage to existing structures,
- Disruption of families, loss of shelter and businesses (loss of livelihoods)
Short-term Irreversible Medium N
- Alteration of local hydrology - Increased run-off due to increased paved surfaces ,
Long-term Irreversible Medium N
- Liquid waste generation - Impact on water quality Short-term Reversible
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- Air emission - Respiratory diseases
- Solid waste generation - Diseases vectors and pests habitation
Short-term Reversible Medium N
- Occupational Health and Safety Concerns for
construction crew and others
- Injuries to workers either due to long term exposure or accidents reduces their productivity and increases costs top the state and society
Short to
long term
Both
reversible and
irreversible
Low N
- Increased demand for water and electricity
- Air pollution and
strained resources
Short-term Reversible Low N
- Increased wages due to employment
- Antisocial behaviour and exposure to HIV/Aids
Short to
long term
Both
reversible and
irreversible
Low N
- Influx of speculative works - Proliferation of informal activities and security risks
Short term
to long
term
Irreversible Low N
- Disruption of routes and services
- Inconvenience to residents, motorists and accidents
Short-term Irreversible Low N
Operation phase
- Increase in cycling and vehicular speeds
- Traffic accidents Long-term Irreversible Low N
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- Vending and other businesses along the project site
- Solid waste generation, blockage of drainage systems, vermin
Long-term Irreversible Medium N
- Generation of wastewater
Soil and water pollution
Long-term Irreversible Low N
- Increased demand for water and energy
- Water shortage and increased carbon emission due to power generation and water treatment
Long-term Irreversible High 2N
- Alteration of local hydrology - Increased runoff Long-term Irreversible Low N
- Increased access to the public sewerage system
- Increased volume of untreated sewer that will strain the facility
Long-term Irreversible High 2N
- Improved infrastructure in the settlement
- Rising cost of living commensurate with the improved standards
Long-term Reversible Low 0
0=low impact, N=moderate adverse impact, 2N severe adverse impact
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CHAPTER EIGHT – IMPACT MITIGATION AND MONITORING
PLAN
This chapter highlights the mitigation measures for the potential negative environmental and social
impacts project during the planning, construction, operation and decommissioning phases of the
settlements upgrade project.
8.1 Mitigation of Planning and Construction Phase Impacts
8.1.1 Displacement and Resettlements
Resettlements issues that will rise due to the project will be addressed in a separate RAP report. It is
important to note however that the displacements due to the project are less likely to occur but
where it will be inevitable, the number of households to be affected would be less than 50. The
issues of compensation where involuntary resettlement is involved will be addressed adequately in
the RAP report.
8.1.2 Minimizing vegetation cover loss
Vegetation clearance will be limited to the specific areas requiring site preparation only to reduce the
need to clear existing vegetation. Cut and fill operations will be balanced so that only parcels of land
where the infrastructure is to be put up will be cleared.
8.1.3 Soil erosion and disturbance mitigation
Soil erosion and conservation procedure will be in place during the construction phase. The
procedure will include details on how to perform the following: clearing; grading; excavation;
trenching and backfilling work at the project site. Adequate measures to prevent soil erosion
especially during the rainy season. Dusty surfaces of the road will be made wet to avoid soil
becoming loose and hence being subject to erosive elements. The integrity of soil erosion mitigation
shall be sufficient to provide continued protection against erosion until the site soils have stabilized
and added protection is no longer necessary.
8.1.4 Mitigation of impacts on local hydrology and drainage
This will be managed through terracing and levelling the areas with steep slopes or gradients likely to
release run-off water at a high velocity. By doing so, infiltration of rain water into the soil will be
increased. Transport vehicles will be restricted to designated areas to avoid soil compaction within
the project site, while any compacted areas will be ripped to reduce run-off. Where practical, surface
run-off will be harvested and stored in underground reservoirs for reuse.
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8.1.5 Minimizing interruptions of services and installations
The contractor will make formal request from property owners, service/utility providers and local
authorities before undertaking activities that are likely to interrupt water supply, electricity,
communication lines, and sewer connections. The contractor through notices and posters will
continuously engage the residents, property owners and other parties likely to be affected by the
construction work. A feedback mechanism will be put in place for receiving complaints and
resolving any conflicts that may arise in the course of project implementation.
8.1.6 Solid waste management
A waste management plan for the project will be developed by the contractor on commencement of
the work and after completion. The waste management plan will comply with Legal Notice 121:
Waste Management Regulations, 2006 and the best practices. Proper estimates for the bill of
quantities to ensure materials procured do not go into waste will be carried out. Excavated soil and
rubble from old infrastructure will be reused as much as possible to avoid waste.
8.1.7 Liquid waste management
The project developer will ensure provision of sanitary facilities for the workers and all effluent will
be treated or disposed properly in the camp sites. Breeding grounds for disease vectors such as
mosquitoes will be avoided: water accumulation points, casual water from empty containers, old
tires. A good temporary drainage of site will be provided by the contractor and which will allow
sufficient settling for pollution from particles.
8.1.8 Energy and water use management
Best management practices will be applied to conserve water and energy. Unnecessary wastage will
be avoided through proper planning, enforcing strict code of practice among the workers. Some of
the measures include use of sound construction equipment to ensure their efficiency and proper
servicing and maintenance. Proper time tabling for transport activities to avoid wastages due to
detours and encouraging workers to switch off all machines when not in use so as to save on fuel.
The proponent will ensure efficient water use. Construction staff will be sensitized on the need to
conserve water and minimize waste. Water storage structures for rain water will be constructed to
capture rainwater where practical.
8.1. 9 Hazardous wastes/Spills management
During this phase of the project, adequate spill response procedures will be developed and
implemented by the contractor. Hazardous wastes will be handled according to Legal Notice 121:
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Waste Management Regulations, 2006 requirements and occupational health and safety
requirements. used motor oil recovery system will be provided and a protocol for refueling and
servicing equipment and vehicles will be in place to minimize spillages that are hazardous to the
environment.
8.1.10 Management of Air emissions
The Contractor will ensure that dust emissions and odours are minimized. Water sprinkling, use of
screens and good housekeeping will be employed to achieve the objective. The contractor will
ensure that the any equipment they use for the project is in a good state of repair, well maintained,
and equipped with suitable mufflers to prevent generation of excessive air pollutants and noise.
Good waste handling and disposal procedures will be implemented. Adequate cordoning off the site
to protect passers-by and site workers will be put in place. All workers at the construction site will be
provided with protective gear suitable for their nature of work. A code of practice for the workers
will be enforced to ensure that they adhere to all safety procedures. In addition, the following
measures shall be implemented to mitigate on emissions due to vehicle activity:
Vehicle idling time shall be minimized
Alternatively fuelled construction equipment shall be used where feasible
Equipment shall be properly tuned and maintained
This will also be achieved through proper planning of transportation of materials to be used
during construction of the project to ensure that vehicle fills are increased in order to reduce
the number of trips done or the number of vehicles on the road.
8.1.11 Noise and vibration management
The noise standards contained in the national regulations will be strictly enforced to protect
construction workers and the community. Noise-suppression techniques will be employed to
minimize the impact of temporary construction noise at the project site. Portable barriers will be
installed to shield compressors and other small stationary equipment where necessary and use of
quiet designed with noise control elements. Vehicle idling time will be limited drivers will be
encouraged to switch off vehicle engines whenever possible. Construction workers will use
protective gear in areas with high noise. Construction activities will be undertaken during day
8.1.12 Public and occupational safety
The Contractor will adhere to occupational health and safety guidelines contained in generic
mitigation measures for contractors in appendix 8.1 of the ESMF. The proponent will ensure all
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safety measures and emergency response procedures are in place. The site will be cordoned off and
all unauthorized persons will not be allowed. All safety and warning signage will be availed and first
aid facility will be available. Personal protective equipment will be provided to all workers during
construction phase and during maintenance, if scheduled. Training and awareness will be necessary
for all workers and by extension the community members.
8.1.13 Influx of immigrant workers
The law enforcement agencies will maintain security in the project sites. The contractor will give
priority to locals in employment.
8.2 Mitigation of Operation Phase Impacts
8.2.1 Ensuring commensurate sewerage treatment and water supply
The County of Machakos has already put in place a strategic plan that will among other issues ensure
the expansion of the existing infrastructure in line with the Vision 2030. Water and sanitation will be
expanded to reach 40% from the current 10%, Machakos Towm included. Tanathi Water Services
undertook a feasibility study for expansion of water supply and sewerage treatment in the year 2009.
Efforts have already been made to address the inadequate infrastructure and therefore the future
demand due to the upgrade will be handled.
8.2.2 Managing increased runoff
The increased run-off likely to be generated from the paved surfaces will be handled by the drainage
system that will be in place. The design of the drains will incorporate solid waste screens to trap
waste from ending up in water bodies in the area.
8.2.3 Changing land use management
Proper planning will be in place to avoid drastic shifts in land use due to development pressure. The
local authorities under the devolved government will through their respective mandates regulate land
subdivision and any developments in land.
8.2.4 Water and energy use
Water and energy demand rise will be directly attributed to the project but due to other factors
outside of the project. The CEMC that will be in place will ensure sustainability of the development
through organized efforts and associations like the residents associations that will look into their
welfare, water and energy included. The community groups will also ensure the sound disposal of
waste in the settlements.
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8.3 Mitigation of Decommissioning Phase Impacts
The negative impacts that may arise in case the project is decommissioned will be managed as
follows:
8.3.1 Ensuring service delivery is not interrupted
The residents will be provided with alternative means/infrastructure for their basic services before
decommissioning of the project and its components. The decommissioning team shall ensure formal
consultation and adequate planning is undertaken in order to avoid adverse consequences due to
interrupted services and amenities. Alternative sanitation facilities will be provided while water
supply and accessibility through alternative routes will be planned.
8.3.2 Management of solid waste
Solid waste resulting from demolition or dismantling works associated with the proposed Project
during decommissioning phase will be managed as follows:
Use of durable, long-lasting materials that will not need to be replaced as often, thereby
reducing the amount of demolition waste generated during decommissioning phase
Provision of facilities for proper handling and storage of demolition materials to reduce the
amount of waste caused by damage or exposure to the elements
Adequate collection and storage of waste on site and safe transportation to the disposal sites
and disposal methods at designated area shall be provided.
8.3.3 Reduction of dust/air emissions
High levels of dust concentration resulting from demolition or dismantling works will be minimized
as follows:
Watering all active demolition areas as and when necessary to lay dust.
Cover all trucks hauling soil, sand and other loose materials or require all trucks to maintain
at least two feet of freeboard.
8.3.4 Minimizing noise and vibrations
The following noise-suppression techniques will be employed to minimise the impact of temporary
destruction noise at the project site.
Install portable barriers to shield compressors and other small stationary equipment where
necessary.
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Limit vehicles and other small equipment with engines to a minimum idling time and
observe a common-sense approach to vehicle use, and encourage workers to shut off vehicle
engines whenever possible.
Demolish mainly during the day, a time with minimal noise disturbance
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Table 6: Summary of impacts and mitigation measures
Environmental
and Social
Components
Potential Impacts Existing Impacts Mitigation Measures Costs
Land Vegetation loss due to constructional activities, minimal impacts since no significant vegetation cover
Excavation activities may expose soil to the elements thus getting eroded
Solid waste: Construction waste including excavated soil, packaging waste and construction crew generating waste, Waste from households
Hazardous spills could potentially occur while handing hazardous substances including oil, fuel, and chemicals. Accidental spillages could cause soil contamination
Stockpile of garbage due to dumping creating eyesores and poor aesthetic of the environment in the settlement
Solid waste block drains
Odours resulting from decomposing waste
Soil erosion in some roads sections due to poor or inexistent drainage channels
Sewage and waste discharge from residences
Clear vegetation only where necessary
Avoid vegetation clearance on sloping surfaces where possible
Balance cut and fill operations and ensure only parcels of land for infrastructure development is cleared
Provide sufficient strutting and shoring of critical excavation areas; Prevent undue movement/transportation of soil materials from the site;
Reduction, reuse and recycling strategies to minimize waste
Segregation , proper collection and disposal of solid waste
Spills response and containment strategy to be put in place
Proper disposal of contaminated sol
N/A
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Environmental
and Social
Components
Potential Impacts Existing Impacts Mitigation Measures Costs
Water Alteration of local hydrology and drainage leading to increased run-off
Discharge of untreated sewer during the operation phase
Increased water demand
There’s poor drainage due to inexistent or dysfunctional storm drains
Erosion evident and potential silting of River Iyini
Potential pollution of ground water sources from sewer an d contaminated waste water sipping through the soil
Limiting compaction activities to the areas where construction work is undertaken only
Air Dust emission during construction
Exhaust emissions from vehicle and construction equipment
Odours from untreated waste
Dust impacts from the unpaved roads and passage ways
Odours from sewer and stagnant waste water, garbage heaps
Use of low sulfur fuel and sprinkling water to arrest dust
Proper disposal and treatment of waste
1,000,000.00
Human/Social Displacements and resettlements to pave way for the laying of the infrastructure could affect encroaches and legitimate residents
Construction activities
Noise impacts are associated with normal activities in the settlements
The access is poor due to inaccessible roads
Prepare RAP for resettlements and issue compensation
Give local priority in employment
Provide alternative access and plan activities well to avoid
4,000,000.00
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Environmental
and Social
Components
Potential Impacts Existing Impacts Mitigation Measures Costs
could disrupt social activities and lives by blocking access routes, interrupting supply of utilities and paralyzing service provision Interference of utilities/services routes
Safety and health risks to the public and workers due to construction e.g injuries, traffic accidents, and nuisance due to noise and activities
Speculative immigrant workers may increase in the project site causing security risks, antisocial behaviors and bringing nusiscance
increased living cost due to improved standards in the settlement
Accidents from roads due to high flow of traffic
Traffic safety risks especially with motorbikes
Hiv/Aids prevalent in the settlements
disruption of local activities Liaise with plot owners, utility
providers and local authorities before engaging in work likely to interfere with supply lines
law enforcement to prevent crime and antisocial activities
Municipality to monitor development and support residents welfare to avoid social marginalization
regulation of traffic and enforcement of laws to prevent accidents and other hazards
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8.4 Environmental and Social Monitoring Plan
Monitoring of certain key environmental and social parameters to assess the status of the project
during and after construction will be necessary. With the knowledge of baseline conditions, the
monitoring programme will serve as an indicator for any deterioration in environmental and social
conditions due to the project, to enable taking up suitable and timely mitigatory steps to safeguard
the environment.
The community through their CEMC and the participating Municipality, in this case, County
Government of Machakoswill play a key role in monitoring as project beneficiary and participant
respectively. KISIP and the MoH will have a responsibility to monitor the entire development to
ensure the project goals are achievable. The overall responsibility on matters relating to the
environment is vested in NEMA as provided for in EMCA, 1999. The Act will require monitoring
through annual environmental audit specified in the Environmental (Impact Assessment and Audit)
Regulations of 2003. The monitoring responsibilities for various activities are contained in the
Environmental and Social Monitoring Plan matrix presented herein the following section.
Table 7: Environmental Monitoring Plan
Environmental
Aspect
Location Responsibility during design and construction
Responsibility for monitoring during operation
Mode and Period
(c) = Construction
(o) = Operation
Frequency of monitoring
Land acquisition and Resettlement
Way leave MLHUD and Machakos Municipal Council
SURVEY REPORT
Before construction
Once.
Solid Waste
Construction Camp
Project sites
Contractor, Supervising Engineer.
Machakos Municipal Council
Site visit and visual inspection (c)
Weekly(c)
Air pollution
Project site
Design Engineer, Contractor,
Traffic Police;
Machakos
Visual inspection (c)
Daily (c)
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Environmental
Aspect
Location Responsibility during design and construction
Responsibility for monitoring during operation
Mode and Period
(c) = Construction
(o) = Operation
Frequency of monitoring
Supervising Engineer,
Municipal Council.
Speed gun (o)
Random (o)
Noise pollution:
Project site.
Supervising Engineer and Contractor.
Traffic Police and Machakos Municipal Council
Speed gun (o).
Observation/Inspection (c)
Random (o)
Liquid wastes
Project site (work shops)
Design Engineer, Supervising Engineer, and Contractor.
Machakos Municipal Council
Visual inspection (c).
Routine maintenance (o).
Daily (c).
Twice a year (o).
Vegetation loss
Way leave Design Engineer, Contractor, Supervising Engineer.
Machakos Municipal Council
Visual Inspection (c)
At the end of construction
Water Material sites and project area
Contractor, Supervising Engineer
County Government of Machakosand Machakos Water and Sewerage Company
Water quality analysis(c)
Monthly
Soil erosion
Project area
Contractor, Supervising Engineer
Machakos Municipal Council
Drainage of project area (c)
Weekly
Social impacts
Project area
Machakos Municipal Council
Contractor, Supervising Engineer
Machakos Municipal Council
Public consultations
Quarterly
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8.5 Costs for Monitoring
The costs for mitigation of construction related impacts will be included in the contract documents. During construction and decommissioning phases of the project, the Environmental and Social Officer will co-ordinate the monitoring programme and prepare reports for submission to the environmental authorities.
8.6 Environmental Training and Awareness The Contractor and sub-contractors shall be aware of the environmental requirements and constraints on construction activities contained in the provisions of the ESMP. The Contractor will therefore be required to provide for the appropriate Environmental Training and Awareness as described in this ESMP in his costs and programming. An initial environmental awareness training session shall be held prior to any work commencing on site, with the target audience is all project personnel. The training should include but not limited to the following:
1. Basic awareness and understanding of the key environmental features of the work site and environs;
2. Understanding the importance of and reasons why the environment must be protected;
3. Ways to minimise environmental impacts; 4. Relevant requirements of the ESMP; 5. Prevention and handling of fire; 6. Health risks pertinent to the site, including prevention of communicable diseases; 7. Awareness, prevention and minimisation of risk with regard to the contraction and
spread of HIV/AIDS and other sexually transmitted diseases; 8. The Contractor shall erect and maintain Environmental and Health Information
Posters for his employees regarding HIV/AIDS and natural resources; and 9. The Environmental and Health Information Posters shall be erected at the eating
areas and any other locations specified by the RE.
8.7 Environmental Risk Management The failure of environmental mitigation can result in serious impacts such as erosion, increased road accidents and disruption of the community lifestyles. Construction projects also involves occupational health and safety risks to communities, workers, primarily in the areas of storage and handling of dangerous materials, and operation of heavy machinery close to traffic, slopes and watercourses. The anticipated risks in this project include:
1. Exposure to excessive dust particles or toxic fumes from bitumen and other chemicals used in road works;
2. Potential for collapse of trenches; 3. Risk of accidents involving passing traffic; 4. Risk of rock falls during blasting; 5. Risk of fuel spills and therefore contaminating soil and groundwater.
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The risks can be mitigated to a large extent through:
1. Strengthening staff skills and training in environmental management; 2. Monitoring environmental actions and responsibilities and making provision for
remedial actions; 3. Planning for remedial measures in case initial planned actions are not successful; 4. Limiting time of exposure to dust particles, chemicals and noise; 5. Establishing safety and inspection procedures in materials handling, operating heavy
equipment and constructing trenches; and 6. Safe handling of toxic materials, explosives and other hazardous substances.
8.8 Emergency Procedures
The Contractor shall submit Method Statements covering the procedures for the main activities which could generate emergency situations through accidents or neglect of responsibilities. These situations include, but are not limited to:
1. Accidents at the work place; 2. Accidental fires; 3. Accidental leaks and spillages; 4. Vehicle and plant accidents;
Specific to accidental leaks and spillages:
1. The Contractor shall ensure that his employees are aware of the procedure for dealing with spills and leaks;
2. The Contractor shall also ensure that the necessary materials and equipment for dealing with the spills and leaks is available on site at all times.
Specific to hydrocarbon spills:
1. The source of the spill shall be isolated and the spillage contained using sand berms,
sandbags, sawdust, absorbent material and/or other materials approved by the RE; 2. The area shall be cordoned off and secured; 3. The Contractor shall ensure that there is always a supply of absorbent material
readily available to absorb/breakdown the spill; 4. The quantity of such materials shall be able to handle a minimum of 200l
hydrocarbon liquid spill; 5. The Contractor shall notify the relevant authorities of any spills that occur; 6. The Contractor shall assemble and clearly list the relevant emergency telephone
contact numbers for staff and brief staff on the required procedures. These contact details shall be listed in English and Kiswahili;
7. The treatment and remediation of areas affected by emergencies shall be undertaken to the reasonable satisfaction of the RE at the cost of the Contractor where his staff have been proven to be responsible for the emergency.
8.9 Environmental Audits
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One of the methods that will be used in monitoring will be through formal Environmental Audits according to EMCA 1999 EIA/EA Regulations 2003. The Audits will be carried out by contracted road design engineer, environmentalist, Project Supervision engineers in collaboration with the contractor. NEMA´s DEO, County Government of Machakosenvironment officials, relevant NGOs and CBOs will also be involved during and after construction to ensure sustainability of measures put in place.
8.10 Occupational Health / Safety Audits The audits should be carried out in accordance as a legal requirement of the Directorate of Occupational Health and Safety. NEMA´s Initial and follow up audits (Self Audits) should be carried out within raw material borrow sites such as quarries and borrow pits.
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CHAPTER NINE: ENVIRONMENTAL AND SOCIAL MANAGEMENT
PLAN
The Environmental and Social Management Plan (ESMP) describes the range of environmental issues associated with the Project and outlines corresponding management strategies that will be employed to mitigate potential adverse environmental impacts. The ESMP conveys the project's environmental and social constraints.
The Project will comply with all local laws and regulations, which seek to ensure that the construction work does not adversely affect the environment and social community resources.
The Supervising Consultant may periodically revise the ESMP in consultation with the Contractor, and subject to the approval from the County Government of Machakos and the National Environment Management Authority. Revisions may be made to accommodate changes in work, weather and site conditions.
The ESMP should be made available to all project staff.
The objectives of the ESMP are:
1. To bring the project into compliance with applicable national environmental and
social legal requirements; 2. To outline the mitigating/enhancing, monitoring, consultative and institutional
measures required to prevent, minimise, mitigate or compensate for adverse environmental and social impacts, or to enhance the project beneficial impacts;
3. To address capacity building requirements within the relevant ministries if necessary.
9.1 Responsibilities
In order to ensure the sound development and effective implementation of the ESMP, it will be necessary to identify and define the responsibilities and authority of the various persons and organisations that will be involved in the project. The following entities will be involved on the implementation of this ESMP:
1. Ministry of Land, Housing and Urban Development; 2. National Environmental Management Authority; 3. Resident Engineer. 4. Environmental and Social Officer; 5. Contractor; 6. Local Authority.
9.1.1 Ministry of Land, Housing and Urban Development
The KISIP project is under the jurisdiction of Ministry of Land, Housing and Urban Development (the project proponent). Therefore, the responsibility for ensuring that
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mitigation measures specified in this ESMP and the contract documents are implemented will lie with them.
9.1.2 National Environment Management Authority The responsibility of the National Environment Management Authority (NEMA) is to exercise general supervision and co-ordination over all matters relating to the environment and to be the principal instrument of Government in the implementation of all policies relating to the environment and to ensure that all mitigation measures proposed are actually implemented.
9.1.3 The Resident Engineer and Environmental and Social Officer The Resident Engineer (RE) will be appointed by Ministry of Lands, Housing and Urban Development or Supervising Consultant and will be required to oversee the construction programme and construction activities performed by the Contractor, in compliance with the present ESMP. The consultant proposes the RE to have an Environmental and social officer (ESO) in its team to co-ordinate all aspects of the environment during project implementation. This will include following the construction to monitor, review and verify the implementation of the project’s ESMP. During construction, the ESO will be responsible for the following tasks:
1. Updating environmental aspects (not covered in the ESIA / ESMP) during project implementation;
2. Auditing environmental and safety aspects at the work sites; 3. S/He shall participate in the definition of the no working-areas and the location of
campsite, borrow pits, quarries and other areas; 4. Recommending solutions for specific environmental problems; 5. S/He shall facilitate the creation of Community Liaison Groups and shall monitor
the compliance of the social clauses of the Contract, in terms of local labour force and HIV/AIDS campaign;
6. Overseeing strategies for sensitising the local population on health and safety problems;
7. Attending consultations held at key stages of the project with the community and interested parties;
8. S/He will be required to liaise with the respective Environmental Authorities on the level of compliance with the ESMP achieved by the Contractor on a regular basis for the duration of the contract;
9. Controlling and supervising the implementation of the ESMP; 10. Preparing quarterly environmental and social progress or “audits” reports on the
status of implementation of measures and management of work sites.
9.1.4 The Contractor The Contractor will be appointed by the COUNTY GOVERNMENT OF Machakos and will be required to comply with the requirements of the ESIA/ ESMP and the Standard
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Specifications for Road Works in Kenya and any other applicable Standard specification, which include specifications for Environmental Protection and Waste disposal, Borrow Pit and Quarry Acquisition and Exploitation, Landscaping and grassing and so on. 9.1.5 Local Authorities
The relevant departmental officers in the local authorities should be called upon where necessary during project implementation to provide the necessary permits and advisory services to the project implementers. Some of the areas for which the officers will be required include:
1. Approving locations for establishing work camps; 2. Involvement in creation of wayleaves or relocation of project affected persons in the
settlement; 3. Liaising with the NGOs in the project area to assist in the sensitisation campaigns
for HIV/ AIDS and public health to the workforce and the local community; 4. Issuing permits for tree felling, vegetation clearing, exploitation of quarries and
borrow sites (whenever necessary); 5. Identifying locations for disposal of construction debris; 6. Issuing permits or relevant documentation for health and safety monitoring in
accordance with local health and safety legislation and / or ILO standards. 9.2. Uncertainty in ESMP Uncertainty in ESMP may be occasioned by the following aspects:-
1. Non homogenous baseline due to ever changing external factors occurring during
the entire project cycle; 2. Changes in legal and regulatory policy which influences the assessment of future
baselines and post development issues; 3. Non uniform soil profiles which may be realized during project implementation; 4. Non compliance of the proponent and contractor with the implementation schedule.
The proponent and Naivasha Municipal Council ought to beware of the above listed issues and together with the contractor adopt a proactive strategy to address the emerging issues and knowledge gaps.
9.3 ESMP Management Records Environmental management records shall be kept on site during the duration of construction and shall include the following:
i. The updated version of the ESMP; ii. All necessary permits and licences; iii. All site specific plans prepared as part of the updated ESMP; iv. All written instructions and reports issued by the RE / Supervising Consultant; v. A register of audit non-conformance reports and corrective actions; vi. All related environmental, social, health and safety management registers and
correspondence, including any complaints;
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vii. All records shall be kept at site premises and maintained in a legible state for the full period of construction.
9.4 Auditing of the ESMP The ESO shall conduct quarterly audits to ensure that the system for implementation of the ESMP is operating effectively. The audit shall check that a procedure is in place to ensure that:
i. The ESMP being used is the up to date version; ii. Variations to the ESMP and non-compliance and corrective action are documented; iii. Appropriate environmental training of personnel is undertaken; iv. Emergency procedures are in place and effectively communicated to personnel; v. A register of major incidents (spills, injuries, complaints, legal transgressions, spot
fines and penalties etc) is in place and other documentation related to the ESMP; vi. Ensure that appropriate corrective and preventive action is taken by the Contractor
once instructions have been issued through the RE. vii. Costs of Mitigation viii. Construction related costs for mitigation of environmental impacts will be included
in the Bill of Quantities (BoQ) as part of the design and tender documentation for the settlement upgrading final designs.
ix. Environmental and Social Monitoring x. Environmental and social monitoring during construction and operation helps to
predict unforeseen environmental and social impacts and allows measures to prevent or avert adverse impacts to be developed or introduced in a timely manner.
xi. Maintenance of infrastructure during construction and operation is also important in contributing towards environmental conservation by for example, preventing soil erosion along the road and its upstream and downstream catchments and ensuring proper drainage of run-off, away from the road.
xii. During the construction and operation phase, monitoring will be undertaken to ensure that proposed mitigation measures for negative impacts and enhancement measures for positive impacts are implemented.
9.5 Environmental and Social Management Plan
The set of instructions provided in this Chapter and summarised in Table 9.1 constitute the Environmental and Social Management Plan (ESMP). To facilitate the use of this ESMP, the environmental management instructions are presented according to the sequence of project stage activities as follows:
1. Construction; 2. Operation. 3. Decommissioning
The following issues require special attention:
1. Material sources, especially the quarry sites; 2. Designs must take into considerations the topography and soil conditions. 3. Informative signs shall be considered for all social amenities (educational institutions,
hospitals, trading centres etc);
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4. The Contractor shall ensure that all pertinent permits, certificates and licences have been obtained prior to any activities commencing on site and are strictly enforced / adhered to;
5. The Contractor shall maintain a database of all pertinent permits and licences required for the contract as a whole and for pertinent activities for the duration of the contract.
Table 9.1 is a summary of the environmental and social management plan. It includes the impacts,
mitigation measures, responsible parties and the estimated costs.
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Table 9.1: Environmental Social Management Plan and Monitoring
EMP at Planning and Construction phase Potential
Environmental, socio-economic, Health and Safety Impact
Mitigation measures Monitoring Indicators
Monitoring Frequency
Cost estimate (KES)
Responsibility
Design and planning activities
Conflicts over property ownership and resistance to the project
Adequate sensitization of the community
Undertake public consultation and participation
Resolved conflicts Active participation
of the residents in project planning activities
Public meetings and forums organized
Continuous in the project planning and design stage
In project budget
KISIP, MCM
Relocation of residents and businesses
Disruption of families, loss of shelter and businesses (loss of livelihoods)
Prepare RAPs Provide for
compensation where applicable in the RAPs
Approved RAP Compensation
arrangements effected
Once
RAP Report
KISIP, MCM, Consultant
Excavation and civil works
Soil disturbance, erosion and water pollution, dust and damage to existing structures, destruction of biodiversity
Limit excavation to marked project areas
Refilling and paving to limit impacts on soil
Rehabilitate to NEMA approval
Ensure proper relocation of structures and compensation before construction
No evidence of soil erosion
Paving and refilling done
Rehabilitation done Relocation and
compensation
Daily BoQs
MCM, contractor and construction workers
Fuelling, servicing Land pollution, Plan emergency Spill emergency plan Daily In project MCM,
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and Storage of chemicals, fuels and other flammable liquids
Contamination of surface and groundwater sources Occupational hazards, fire outbreaks, contamination of ground
procedures in case of accidents, or spills of pollutants
Define safety rules for work site personnel-dangerous materials handling, fires, etc.
Proper storage and handling of flammable substances
Appropriate signage
in place fuelling, service and
maintenance protocol in place
No fire incidents Adequate signage Physical observation
budget Contractor
Generation of noise, dust and vibrations
Impact on neighborhood, occupational safety and health impacts
Construction and movement of trucks will be limited to daytime
Machinery will be regularly serviced
Sprinkling of water on dusty surfaces
Adequate warnings and cautionary safety signs
Provision of appropriate personal protective equipment to workers
Use of safe working procedures
Creation of safety awareness to workers
Adequate job supervision
Shorten construction
No complaints from members of the public
Physical observation PPE provided to
workers
Daily 2,000,000 Project proponent, building contractor and construction workers
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period Generation of solid waste
Adverse public health and safety impacts; land degradation; adverse aesthetic impacts
Proper disposal of all wastes in accordance EMCA waste regulations
Re-use and recycling of wastes where possible
Engage the service of a licensed waste handler to handle and dispose waste
Waste disposal Records (monthly receipts)
Waste bins provided Absence of rubbles.
Daily/ Monthly
Approx.10,000 per truck load of rubble soil 5,000 per month for General waste disposal
MCM, contractor, workers, KISP
Generation of dust, fumes
Air pollution, occupational and public health and safety impacts
Ensure adherence to EMCA air quality regulations
Use of low sulphur diesel for diesel vehicles and equipment
Proper maintenance of vehicles and machinery
Provide adequate personal protective equipment to workers
Physical observations
PPE provide to workers
1,000,000 KISIP,MCM, Contractor
Use of water and energy consumption
Increased demand for water and electricity
Water reuse and/or Recycling
Harvest roof and surface run-off where feasible
Use of energy efficient machines and appliances
Create awareness on water and electricity saving
Monthly water and electricity consumption records
Capital costs
KISIP,MCM, Contractor and residents
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Construction camp and crew activities
Sanitation Concerns, Public health impacts
Provide a suitable onsite sanitation facilities at construction stage
Provide suitable sewage facilities
Sanitation facilities for construction workers provided
Suitable sewage disposal facilities provided
500,000 KISIP,MCM Contractor
Deployment of workers (casual labors)
Social impacts; unsafe sex practices, spread of diseases and substance abuse
Create awareness Hire local workers
No/reduced cases of drug use and spread of diseases
Awareness programs
4,600,000 MCN, contractor
Influx of immigrant workers
Security risk, theft
Give priority to locals when hiring
Engage sober and qualified individuals
Register and induct construction workers accordingly
Ensure the workers are always supervised
Proper security and monitoring placed at the site
No security incidents associated with the workers
No complaints from residents with regard to conduct of construction workers
No record of lost materials
Daily/ Weekly
In security budget (for contractor)
Contractor, MCN
118
Material delivery, closure of access routes and relocating services and installations
Obstruction, visual intrusion, Inconvenience to residents, motorists and accidents, interference with supply
Transportation of materials to be done during off-peak hours
Provide a traffic management plan at site
Provide alternative access routes
Liaise with utility providers, property owners, local authorities and fore warn all affected residents
Shorten construction period
Reduced obstruction No traffic incidents Alternative access
provided Public notices in
place Consent letters and
permits available
Daily/Weekly
10,000,000 KISIP, MCM, contractor,
EMP during Operation Phase
Aspect Potential Environmental, socio-economic, Health and Safety Impact
Mitigation measures Monitoring Indicators
Monitoring frequency
Cost estimate (KES)
Responsibility
Changes in baseline environmental and social parameters
Risks to environmental and social health
Undertake an environmental audit of project activities and submit a report to NEMA
An environmental audit conducted and report received by NEMA
Annually
500,000 KISP, MCM
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Increase in cycling and vehicular speeds
Traffic accidents Enforce traffic laws and install speed bumps
Designate and clearly mark the pedestrian walks,
Smooth traffic flow No traffic incidents
Daily 1,520,000 MCM, SEC, Traffic Department
Vending and other businesses along the project site
Solid waste generation, blockage of drainage systems, vermin
Provision of suitable solid waste receptacles (refuse and waste collection centers)
Proper disposal of all wastes in accordance with EMCA waste regulations
Re-use and recycling of wastes where possible
Sensitization of residents on proper waste management
Participation in neighbourhood environmental clean ups
Waste disposal Records (monthly receipts)
Waste collection points provided
Physical observations
Clean up schedules Functional drainage
systems
Once/Monthly
14,107,544 MCM, SEC, Residents, vendors and local leaders
Generation of wastewater
Soil and water pollution
Channel all waste water to appropriate receptacles
Ensure sewage disposal system is well maintained
Sewerage lines put in place
Monthly bills for utilities
Maintenance records for municipal sewerage line connection
Daily Operation cost of users
MCM, residents, MWSC
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Use of water and energy
Increased demand for water and energy
Consider harnessing solar energy for lighting on roads/paths
Create awareness on water and electricity saving
Promote rainwater harvesting by residents
Have in place a rationing programme
Solar energy tapped for lighting
Rainwater harvesting technologies promoted
Awareness creation programmes
Water rationing schedules
1,000,000.00
MCM, SEC, residents, CBO,s
EMP at the Decommissioning Phase
Aspect Potential Environmental, socio-economic, Health and Safety Impact
Mitigation measures Monitoring indicators
Monitoring Frequency
Cost estimate (KES)
Responsibility
Termination of service delivery
Impacts on health and sanitation, reduced quality of life
Identify alternative and cost effective suppliers of services
Minutes of meeting Notices of intent Observation No complaints from
the residents
Once/Weekly
MCM,KISIP, SEC, MWSC, Residents
Closure of roads and paths
Reduced accessibility
Provide alternative roads
Alternative roads and paths provided
Once MCM,KISIP, SEC, Residents
Decommissioning activities
Waste generation, Vandalism
Proper disposal of waste
No cases of vandalism
Daily MCM,KISIP, Residents
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CHAPTER ELEVEN - CONCLUSIONS AND RECOMMENDATIONS
11.1 Conclusions
It is concluded after a critical assessment of the significant environmental and social impacts due to the project that:
The identified negative social and environmental impacts due to the proposed project are
minimal and localized in nature, not extending beyond the project site.
Application of the proposed mitigation measures will reverse most of the impacts largely
associated with the construction phase of the project
The settlements’ communities and other stakeholders overwhelmingly supports the project
The project is consistent with the government’s policy objectives relating to environmental
management and sustainable development. It supports the Vision 2030 and the MDGs
It is realized that the project has more positive benefits environmentally and socio-
economically than it has negative effects
11.2 Recommendations
The following are recommendations are made with respect to the proposed settlement upgrade project:
That, the Proposed project to be implemented with full adherence of the outlined mitigation
measures and all other legislative and planning requirements for all construction activities.
That, the provided EMP be expanded to derive responsive guidelines, procedures or action
plans to apply to the various aspects of environment and social impacts especially during
the construction phase
That, a RAP be undertaken to address issues resulting from involuntary resettlements where
such would require compensation
That, for sustainability of the project; capacity development is necessary for the community
to be able to undertake monitoring and maintain the project.
That, since the project’s positive benefits outweigh the negative aspects, the proposed
project be allowed by NEMA to proceed with its implementation.
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REFERENCES
1. Commission on Revenue Allocation (2012), Kenya Fact Sheet: Machakos County,
Nairobi.
2. County of Machakos: Strategic Plan 2012– 2017
3. Gachene, C.K.K. and Kimaru, G. (2003). Soil Fertility and Land Productivity - A guide
for extension workers in the eastern Africa region. Technical Handbook No.30. Regional
Land Management Unit (RELMA)/ Swedish International Development Cooperation
Agency (Sida). ISBN: 9966-896-66-X.
4. Methodist Ministries Centre (2011), Machakos Urban Forum, Nairobi
5. Republic of Kenya (2012). Socio-economic survey for Swahili and Kariobangi Settlements
in Machakos Municipality: Ministry of Lands, Housing and Urban Development, Nairobi
6. Republic of Kenya (2009). The District Environment Action Plan (2009 – 2013):
Machakos District
7. Republic of Kenya (2010), Kenya Informal Settlement Improvement Project,
Environmental and Social Management Framework, Nairobi
8. Republic of Kenya (2005), Machakos District Development Plan (2005 – 2010),
Government Printer, Nairobi.
9. Republic of Kenya (1998). Laws of Kenya: The Local Government Act, Cap 265.
Government Printer, Nairobi.
10. Republic of Kenya (1999). Laws of Kenya: Building Code Act. Government Printer,
Nairobi.
11. Republic of Kenya (1999). Population and Housing Census. Central Bureau of statistics,
Ministry of Finance and Planning, Nairobi.
12. Republic of Kenya (1999). The Environmental Management and Co-ordination Act, No.
8 of 1999. Government Printer, Nairobi.
13. Republic of Kenya (2003) Environmental (Impact Assessment and Audit) Regulations of
2003
14. Republic of Kenya, 1996, Physical Planning Act.
123
15. Republic of Kenya, 1986, Public Health Act
16. Republic of Kenya, Environmental & Development Policy (Sessional Paper No. 6 of
1999)
17. Republic of Kenya, The National Poverty Eradication Plan (NPEP)
18. Republic of Kenya, The Poverty Reduction Strategies Paper (PRSP)
19. Republic of Kenya (2005). Noise Prevention and Control of 2005. Government Printer,
Nairobi.
20. Republic of Kenya (2006). The Water Quality Regulations of 2006. Government Printer,
Nairobi.
21. Republic of Kenya (2007) The Occupational Safety and Health Act, 2007
22. Republic of Kenya (2002). Laws of Kenya: The Water Act, 2002. Government Printer,
Nairobi.
23. Republic of Kenya, EMCA (Waste Management) Regulations, 2006
24. Republic of Kenya (2007) Kenya Vision 2030 document
124
APPENDICES
125
APPENDIX 1: ESTIMATES OF COST AND QUANTITIES’
LOT 1
BILL NO.
AMOUNT (KSHS)
1 116,273,459.24
4 6,544,611.56
5 58,459,273.33
8 79,118,805.69
9 6,913,960.00
12 10,064,964.00
14 8,644,837.33
15 8,207,250.00
16 38,376,800.00
20 29,645,000.00
22 8,223,625.00
23 15,368,000.00
24 4,125,000.00
25 4,600,000.00
26 1,520,000.00
27 12,685,147.01
408,770,733.15
40,877,073.315
20,438,536.657
470,086,343.12
GRAND SUMMARY OF BILLS OF QUANTITIES FOR ROADS AND ASSOCIATED DRAINS
HIV/AIDS AWARENESS CAMPAIGN
MAIN SETTLEMENT DRAINAGE
CULVERT AND DRAINAGE WORKS
ROAD FURNITURE
DAY WORKS
BITUMINOUS SURFACE TREATMENT AND SURFACE DRESSING
BITUMINOUS MIXES
PASSAGE OF TRAFFIC
NATURAL MATERIAL SUBBASE
CEMENT AND LIME TREATED MATERIALS
JUNCTIONS,BUS BAYS AND ACCESS
CONCRETE PAVING BLOCKS AND SLABS
DESCRIPTION
PRELIMINARY AND SUPERVISORY SERVICES
SITE CLEARANCE AND TOP SOIL STRIPPING
EARTHWORKS
ROAD SAFETY AWARENESS CAMPAIGN
SUB TOTAL
ALLOW 10% OF SUB TOTAL (A) ABOVE FOR PHYSICAL CONTINGENCIES
ADD 5% OF SUB TOTAL A ABOVE FOR VARIATION OF PRICE TO BE EXPENDED IN WHOLE OR IN PART AS DIRECTED BY THE ENGINEER
TOTAL CARRIED FORWARD TO FORM OF BID
126
LOT 2
BILL NO.
AMOUNT (KES)
1 4,843,000.00 2 14,605,300.00
19,448,300.00 1,944,830.00 1,944,830.00
23,337,960.00 3,734,073.60
27,072,033.60
INSTALLATION OF FLOODLIGHTSSUB TOTAL A ALLOW 10% OF SUB TOTAL (A) ABOVE FOR PHYSICAL CONTINGENCIES ADD 10% OF SUB TOTAL A ABOVE FOR VARIATION OF PRICE TO BE EXPENDED IN
Add 16% VATTOTAL CARRIED FORWARD TO FORM OF BID
SUB TOTAL B
GRAND SUMMARY OF BILLS OF QUANTITIES
DESCRIPTION
PRELIMINARY AND SUPERVISORY SERVICES
127
LOT 3
BILL DESCRIPTION AMOUNTNO. Kshs.
A PRELIMINARIES & GENERAL 10,990,000.00
B WATER SUPPLY 21,288,460.00
C SEWERAGE WORKS COMPONENTS 35,109,897
D SOLID WASTE 14,107,544.00
E DAYWORKS 1,584,500.00
SUB TOTAL 1 83,080,400.58
ADD 7.5% OF SUB TOTAL 1 FOR PHYSICAL CONTINGENCIES 6,231,030.04
SUB TOTAL 2 89,311,430.62
ADD 7.5% OF SUB TOTAL 2 FOR PRICE CONTINGENCIES 6,698,357.30
Add TAXES 960,097.88
GRAND TOTAL CARRIED TO FORM OF TENDER 96,969,885.80
128
APPENDIX 2: PROJECT DESIGN LAYOUTS
FINAL DESIGN KARIOBANGI
129
FINAL DESIGN SWAHILI
130
APPENDIX 3: LIST OF PUBLIC MEETING ATTENDANCE
131
132
133
134
135
136
137
138
139
140
141
142
143
APPENDIX 4: NEMA LICENCE FOR THE LEAD FIRM
144
145
APPENDIX 5: KISIP CONSULTANCY TERMS OF REFERENCE
Terms of Reference for consultancy for Socio economic surveys, Infrastructure upgrading plans and Detailed Engineering Designs in Informal Settlements (Nairobi, Naivasha &
Machakos)
1.0 Introduction The Government of Kenya has received a credit from International Development Association (IDA) towards the cost of the Kenya Informal Settlements Improvement Project (KISIP) and intends to apply part of the proceeds of this credit to procure consultancy for Socio economic surveys, Infrastructure upgrading plans and Engineering Designs in selected Informal Settlements in Nairobi, Naivasha & Machakos. The overall project development objective of the KISIP is to improve living conditions in informal settlements in selected municipalities in Kenya. This will be achieved by enhancing security of tenure and improving infrastructure based on plans developed in consultation with the community. This project will create and test a framework for systematic improvement and continued investments in slums, one that can reach all slums over the medium to long term. In addition to supporting improvements in the existing slum settlements, the project will support Ministry of Housing and local authorities in dealing with future inflow – that is, anticipated population growth and the associated need for additional land and housing –The project has the following four components:
Component 1: Strengthening institutions and project management. This component will support institutional strengthening and capacity building of the Ministry of Housing, the Ministry of Lands, and the participating municipalities. It will also finance the management activities associated with project implementation and establishment of a monitoring and evaluation system. Component 2: Enhancing tenure security. This component will support systematization and scale-up of ongoing efforts to strengthen settlement planning and tenure security in urban informal settlements.
Component 3: Investing in infrastructure and service delivery. This component will support investment in settlement infrastructure, and, where necessary, extension of trunk infrastructure to settlements.
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Component 4: Planning for urban growth. This component will support planning and development of options that facilitate the delivery of infrastructure services, land, and housing for future population growth. The project covers 15 municipalities namely: Embu, Eldoret, Garissa, Kakamega Kisumu, Kitui, Kericho, Machakos, Malindi, Mombasa, Nairobi, Naivasha, Nakuru, Nyeri and Thika. The infrastructure to be covered in the municipalities includes but is not limited to:
Unpaved and paved foot paths, bike paths, roads and vending platforms;
Street and security lighting;
Storm water drainage infrastructure and maintenance equipment,
Solid waste management and collection;
Water supply and sanitation infrastructure (some of this will be financed by ongoing projects supported by development partners, including World Bank and AFD);
Electrification (it is expected that most, if not all, of this infrastructure will be financed under the multi-donor supported Kenya Electricity Expansion Project); and
Open spaces and public parks.
A first step in the provision and improvement of the above facilities in the selected informal settlements is to carry out socio economic surveys in targeted settlements, prepare preliminary upgrading plans and feasibility studies for proposed infrastructure investments, and, subsequently, prepare detailed designs and bidding documentation for the agreed infrastructure investment. The Ministry of Housing would therefore like to acquire the services of one consultancy firm/Consortium to undertake the work in different settlements, as specified below.
2.0 Objective of the Consultancy The key objective of this assignment is to prepare settlement upgrading plans for selected informal settlements. This involves three major tasks: (i) carry out a socio economic survey; (ii) in consultation with the community, prepare a preliminary settlement upgrading plan, including preliminary designs and feasibility studies for proposed infrastructure investments; and (iii) prepare a final upgrading plan as well as detailed engineering designs and bid documents for the agreed infrastructure investments. The consultant will work in close consultation with KISIP, respective municipal council, Water Service Boards, service providers and settlement executive committees (elected community representatives). The works must be consistent with government regulations and World Bank’s safeguards policies, in particular, the agreed Environmental and Social Management Framework (ESMF), and Resettlement Policy Framework (RPF) applicable to the KISIP.
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The assignment will be divided in two phases: Phase 1 includes, for each settlement: a) Socioeconomic survey, b) Baseline indicators, c) Draft settlement upgrading plan, including preliminary designs and feasibility studies for the proposed infrastructure investments, including environment and social screening (per the Screening Form in the ESMF), d) Preliminary cost estimates, e) Economic analysis of proposed investments, and f) Preliminary consultations with communities Phase 2 includes, for each settlement: g) Detailed engineering design, h) Phasing plan for each municipality, i) Environmental Impact Assessment (EIA), j) Environmental Management Plans (EMPs), k) Resettlement Action Plans (RAPs), l) Operations and maintenance manual, m) Estimation of investment and operating cost, n) Bidding documents, and o) Evaluation assistance
3.0 Scope of Services The scope of work is limited to selected informal settlements in three Municipalities namely, Nairobi, Naivasha, and Machakos. In order to undertake this assignment, KISIP has prioritized informal settlements in the three municipalities, where processes are underway to facilitate infrastructure improvements. These processes include: (i) mobilization and organization of communities (with the support of local NGOs and CBOs); (ii) physical planning processes (either complete or underway); and/or (iii) clarification and/or regularization of land tenure issues in the settlement. The settlements in the list below are scheduled for implementation of infrastructure during year 1 and possibly year 2 of the project. In the remaining settlements that KISIP targets in the 15 participating municipalities, the implementation will take place during year 2 and 3 of the project.
List of the settlements
Naivasha
i. Kihoto ii. Karagita
iii. Kamere iv. Tarabete/Kasarani
Nairobi
i. KCC (Embakasi) ii. Kayole Soweto
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Machakos
i. Kariobangi ii. Swahili village
4.0 Specific Tasks The tasks to be carried out by the Consultants in each settlement will include:
Phase 1:
a) Undertake socioeconomic study. Specifically, the consultants will conduct a sample survey of resident households in each of the assigned settlements. The sample size will depend on population of residents in a given settlement, but is expected to be between 100-500 households for most settlements. The survey will cover various aspects, with an emphasis on household characteristics, tenure, and access to services. (A sample questionnaire is attached and will be finalized, based on a technical discussion, jointly by the consultant, MoH and the World Bank).
b) Prepare a preliminary settlement upgrading plan, including proposed infrastructure. Examine feasibility of different infrastructure options, and recommend options that are more appropriate to the context, are cost-effective, and likely to be economically justifiable.
c) In each settlement, conduct community level consultations to determine infrastructure investment priorities of residents. Due to budget limitation, the overall investment plan must be within the cost cap per hectare established by MoH. Residents will have to be explained why and how design decisions are being made based on the cost per hectare cap provided by MoH. Consultants will work with residents to identify, for example, which road and paths will be upgraded, and with what materials (taking into account the cost implications of alternative materials and standards). Residents have to agree with consultants on the final choice of investments and on design decisions. Consultants will refer to the Environment and Social Screening Form to determine the scope of the EIA, nature and magnitude of environment and social issues, impacts, and applicability of GOK regulations and ensure that communities are aware of these.
d) Prepare estimated cost based on the preliminary design and proposal for packaging of works contracts in consultation with MoH.
e) Using data from the socio-economic survey and the preliminary settlement upgrading plan, prepare a baseline for the set of indicators in the Results Framework in the Project
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Appraisal Document, including an environment and socio-economic profile of the settlement.
f) Overall, this phase will result in the preparation of a draft settlement upgrading plan (SUP), in close consultation with the community. This document should include an assessment of: (a) the technical feasibility of the upgrading plan and the proposed infrastructure options; (b) the socio-economic feasibility of upgrading in that settlement (e.g. impact of the ratio of owners to tenants in the settlement; whether the community is interested in the project; are there major land/tenure disputes; is the location acceptable etc); (c) the economic justification of investment; (d) nature and magnitude of environment and social issues pertaining to the identified activities.
Phase 2:
a) Develop detailed engineering design of prioritized infrastructure; these need to include investment specific EMPs prepared as a result of the EIA. Additionally the RAP would need to be prepared for the social impacts identified during the feasibility stage. The required census surveys and consultations should be carried out as part of RAP preparation as required.
b) Prepare a phasing plan for implementation in each municipality.
c) Prepare Environmental Impact Assessment (EIA) report for approval by NEMA. The report should contain (but not limited to) – environment and social baseline conditions, environment and social screening, environment and social impacts, analysis of alternatives (for investments), management and monitoring plans for identified impacts, institutional arrangements for implementation of management plans. Additionally, the results of the household surveys should include number of affected families, outcomes of consultations with affected groups (also covering environment aspect), inventory of affected structures and community facilities and details of affected land for various proposed investments.
d) Develop Environmental Management Plans (EMPs) and guidelines, where applicable, to manage identified impacts;
e) Prepare Resettlement Action Plans (RAPs) in accordance with the Environment and Social Management Framework (ESMF) and the Resettlement Policy Framework (RPF). The RAP should include baseline socio – economic characteristics of the affected peoples, details of compensation assistance in line with the RPF provisions, details of alternative resettlement sites and livelihood restoration measures, and implementation mechanisms such as institutional arrangements, grievance redress mechanisms, assistance to vulnerable groups and monitoring and evaluation provisions.
f) Prepare operations and maintenance manual of the facilities, including a Community Environment Management Plans (CEMP to be developed as guided by the ESMF).
g) Prepare Engineers estimate /confidential cost estimates; the EMP and RAP costs need to be included in the cost estimates.
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h) Prepare Bidding Documents. The Bidding documents need to include construction stage elements of the EMP, specifying works to be carried out by the contractor. Guidelines to include EMPs in bidding and contract documents are provided in the ESMF
i) Support KISIP in evaluation and preparation of evaluation report(s) for selection of contractors.
5.0 Outputs Phase 1: Draft Settlement Upgrading Plan which will include the following for each settlement:
Results of the socioeconomic survey (a standardized format will be made available to facilitate presentation).
Indicators: baseline (or pre-intervention) values; and (b) estimated values post-intervention (using the target indicators)
Report on priorities identified by the community and design decisions taken as a result of consultations with the stakeholders in the identified LAs and Settlements. The Report will include a section on outcomes of consultations per guidelines provided in the ESMF.
Preliminary design and cost estimate for the prioritized infrastructure
Report and presentation on proposal for design criteria and packaging of works contract; in consultation with MoH.
Environment and Social Screening Report
Phase 2: Final Settlement Upgrading Plan for each settlement, which will include a final version of the socio-economic report and detailed design of prioritized infrastructure in the main report. The following should be included as annexes to the main report:
Operations and Maintenance manual(s) of the facilities
Environmental Impact Assessment (EIA) report for approval by NEMA;
Environmental Management Plans (EMPs); (inclusive of contract clauses to be included in the Bidding documents)
Resettlement Action Plan (RAPs);
Bidding Documents based on World Bank guidelines dated May 2004 revised October 2006 and May 2010 for procurement of works and goods;
Engineer’s estimate /confidential cost estimates; and
Bid Evaluation Report(s) for selection of contractors
6.0 Obligations of the Consultant
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The Consultant shall be responsible for the provision of all the necessary resources to carry out the services including appropriate qualified staff and shall make arrangements for the establishment of office, supporting office equipment and furniture, vehicles, accommodation, utilities, communications, insurance and any other required resources.
7.0 Duration and timing of services It is expected that the work will start shortly after the signing of the contract. For the two phases it is envisaged that the assignment will be completed within twelve (12) months from commencement date. The services will be carried out by a team consisting of around 6- 8 consultants for a minimum of 60 person-months.
8.0 Reporting requirements/deliverables The required reports are as summarized below:
Reports Submittal Date after Contract Effective Date
Phase 1
Inception Report Summarizing the consultant’s state of mobilization, site meetings.
2 Weeks
Socioeconomic Report – inclusive of environment baseline 2 month
Draft conceptual design based on consultations and costing report Environment and Social Screening Report
4 months
Draft Settlement Upgrading Plan containing proposal for design Criteria and proposal for packaging of works Contract.
6 months
Phase 2:
Environmental Impact Assessment report 7 months
Final Detailed design report 8 months
Resettlement Action Plan 9 months
Operations and Maintenance Manuals – inclusive of CEMPs 10 months
Final Settlement Upgrading Plan containing Bidding documents and Engineers estimate/Confidential cost estimates – including EMP and RAP costs
11 months
Completion of the assignment incorporating MoH comments into the Final report
12 months
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9.0 Clients Input The Client will provide to and collaborate with the Consultant in making available the following documents relevant to the assignment:
List of prioritised settlements (see attached preliminary list)
KISIP Project Appraisal Document (PAD)
Strategic Guidelines for Informal Settlements
ACP-EU project documents (complementary investment)
Available maps, Part Development Plans (PDPs) and data for the settlements
Resettlement Policy Framework
Environmental and Social Management Framework
Environmental Management and Coordination Act (EMCA) 1999
Report on cost cap per hectare for infrastructure investment in informal settlements
The Client will also facilitate the Consultant’s access to Government departments and local authorities.
10.0 Institutional Arrangements Ministry of Housing is the Client for these services. The Permanent Secretary has appointed the Project Coordinator for KISIP to whom the Consultant will report on contractual matters. The KISIP Project Coordinator will also be responsible for all payments to the consultants once the work has been accepted and cleared for payment by the Component Leader for Component 3. The Consultants will report on technical matters to the Component Leader for Component 3 for Phase 1 and 2, and will work as part of their team, ensuring the harmonization of work projects and the involvement of Government Officers wherever practical. The Consultant will liaise with the participating Local Authorities from the commencement of the services to completion. In particular, the consultant will involve the Local Authorities in the identification of the facilities, selection of priorities, adoption of the final designs and preparation of the Operations and Maintenance manuals.
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APPENDIX 6: KISIP ESMF GENERIC MITIGATION MEASURES FOR CONTRACTORS
Permits and licences
(i) The Contractor shall ensure that all pertinent permits, certificates and licences have been obtained prior to any activities commencing on site and are strictly enforced/ adhered to;
(ii) The Contractor shall maintain a database of all pertinent permits and licences required for the contract as a whole and for pertinent activities for the duration of the contract and renew if so required.
Site preparation phase
Location of Contractor’s camp site
Where the contractor will require setting up a site, the same shall be determined in collaboration with the RE taking into consideration the following:
(i) Preferably to be located on land already cleared wherever possible; (ii) Not to be installed in the areas used as wildlife grazing areas or migratory corridors or in the area
with more dense vegetation or densely settled areas; (iii) It should also avoid the areas, where the soil has higher erosion risk; (iv) The need to be more than 20 meters from watercourses in a position that will facilitate the
prevention of storm-water runoff from the site from entering the watercourse; (v) The local administration and the community representatives (CBO) shall be involved in the site
location to avoid destruction of any ritual site or any other conflict; (vi) The Contractor’s Camp layout shall take into account availability of access for deliveries and services
and any future works; (vii) The Contractor’s Camp should also be of sufficient size to accommodate the needs of all sub-
contractors that may work on the project.
Environmental Training and Awareness
(i) The Contractor and sub-contractors shall be aware of the environmental requirements and constraints on construction activities contained in the provisions of the EMP;
(ii) The Contractor will be required to provide for the appropriate Environmental Training and Awareness as described in this EMP in his costs and programming;
(iii) An initial environmental awareness training session shall be held by the LA prior to any work commencing on site, with the target audience being all project personnel;
(iv) The training shall include but not limited to the following • Basic awareness and understanding of the key environmental features of the work site and
environs; • Understanding the importance of and reasons why the environment must be protected; • Ways to minimise environmental impacts; • Relevant requirements of the EMP; • Prevention and handling of fire; • Health risks pertinent to the site, including prevention of communicable diseases;
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• Awareness, prevention and minimisation of risk with regard to the contraction and spread of HIV/AIDS and other sexually transmitted diseases;
• The Contractor shall erect and maintain Environmental and Health Information Posters for his employees regarding HIV/AIDS, protection of wildlife and natural resources;
• The Environmental and Health Information Posters shall be erected at the eating areas and any other locations specified by the RE.
HIV/AIDS awareness and prevention campaign
(i) The Contractor shall institute HIV/AIDS awareness and prevention campaign amongst his workers for the duration of the contract, contracting an implementing organisation, with preference for an organisation already working on this issue in the project area;
(ii) The campaign shall include the training of facilitators within the workers, information posters in more frequented areas in the campsite and public areas, availability of promotional material (T-shirts and caps), availability of condoms (free), and theatre groups.
Local Labour / Employment
(i) Wherever possible, the Contractor shall use local labour, and women must be encouraged to be involved in construction work.
Construction phase
EMP management records
Environmental management records shall be kept on site during the duration of construction and shall include the following:
(i) The updated version of the EMP; (ii) All necessary permits and licences; (iii) All site specific plans prepared as part of the updated EMP; (iv) All written instructions and reports issued by the RE / Supervising Consultant; (v) A register of audit non-conformance reports and corrective actions; (vi) All related environmental, social, health and safety management registers and correspondence,
including any complaints; (vii) All records shall be kept at site premises and maintained in a legible state for the full period of
construction.
Contractor’s Camp
The Contractor shall implement the following as required:
(i) A suitable storm-water drainage system to prevent soil erosion, protect storage areas and to prevent stagnant ponds forming;
(ii) A suitable potable water supply;
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(iii) Suitable facilities for bathing, washing clothes or vehicles – site staff will not be permitted to use open water bodies for such activities;
(iv) Suitable sanitation facilities, adequate for the number of staff on site; (v) Facilities for cooking; (vi) Facilities for solid waste collection; (vii) Facilities for waste water management.
The method for provision of these services will be approved by the RE.
Water Supply
The Contractor must adhere to water quality regulations and rules as described in Legal Notice No. 120 of the Kenya Gazette Supplement No. 68 of September 2006. These Rules describe the following:
(i) Water sources for domestic use; (ii) Sewage treatment; (iii) Ground water; (iv) Water for agricultural use; (v) Water for other uses; (vi) Schedules depicting standards.
Abstractions from natural, municipal and/or private water resources (e.g. rivers, boreholes and springs) for potable water and construction water shall be approved by the Water Resources Management Authority. The Contractor shall arrange for the necessary approvals / permits from the water authorities under the direction of MoR for the abstraction of water.
Conservation of vegetation and protection of wildlife
(i) Except to the extent necessary for establishing the construction site and carrying out the construction works, vegetation shall not be removed, damaged or disturbed. Nor should any unauthorised planting of vegetation take place;
(ii) The clearance of the site for construction purposes shall be kept to a minimum. The use of existing cleared or disturbed areas for the Contractor’s Camp, stockpiling of materials etc shall be encouraged;
(iii) Areas with dense indigenous vegetation are not to be disturbed unless required for construction purposes, nor shall new access routes be cut through such areas.
(iv) Trees should be trimmed rather than removed wherever possible;
(v) The use of indigenous plants as firewood is prohibited unless they are obtained from approved sources;
(vi) There is a possibility of encountering wildlife during the construction works, these animals should be avoided and not perturbed;
(vii) Wildlife poaching or game hunting is forbidden.
Protection of watercourses
(i) The Contractor shall ensure that the footprint of construction activities is minimised at river and stream crossings;
(ii) Sedimentation from the construction works of perennial rivers and streams must be minimised;
(iii) No construction materials shall be stockpiled within areas that are at risk of flooding;
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(iv) The Contractor shall ensure that all construction activities at the seasonal river crossings are commenced and completed during the dry seasons;
(v) All temporary and permanent fill used adjacent to, or within, the perennial river bed shall be of clean sand or larger particles. Silts and clays shall not be permitted in the fill;
(vi) Plastic sheeting, sandbags or geofabric approved by the RE shall be used to prevent the migration of fines through the edges of the fill into the river;
(vii) The Contractor shall not modify the banks or bed of a watercourse other than necessary to complete the specified works. If such unapproved modification occurs, the Contractor shall restore the affected areas to their original profile;
(viii) The Contractor shall preserve all riparian vegetation;
(ix) The Contractor shall not pollute the watercourse through any construction activities.
Planning Borrow Pits and Quarries
Where required, all borrow pits sites shall be clearly indicated on a plan and approved by the RE.
(i) The Contractor will be responsible for ensuring that appropriate authorisation to use the proposed borrows pits and quarries has been obtained before commencing activities;
(ii) Borrow pits and quarries shall be located more than 20 meters from watercourses in a position that will facilitate the prevention of storm-water runoff from the site from entering the watercourse;
(iii) The Contractor shall give 14 days’ notice to nearby communities of his intention to begin excavation in the borrow pits or quarries;
(iv) The Contractor shall prepare and implement borrow pit plans and borrow pit rehabilitation plans, which would minimise the risk of erosion.
Construction and Operation of New Borrow Pits and Quarries
(i) Topsoil shall be stripped prior to removal of borrow and stockpiled on site. This soil shall be replaced on the disturbed once the operation of the borrow site or quarry is complete;
(ii) Storm-water and groundwater controls shall be implemented to prevent runoff entering streams and the slumping of soil from hillside above;
(iii) The use of borrow pits or quarries for material spoil sites may be approved by the RE (and/or with the appropriate consent of the “landowner”). Where this occurs, the materials spoiled in the borrow pit shall be profiled to fit into the surrounding landscape and covered with topsoil.
Blasting
(i) If blasting is required, the Contractor will be responsible for obtaining a current and valid authorisation from the Department of Mines and Geology prior to any blasting activity. A copy of this authorisation shall be given to the RE;
(ii) A qualified and registered blaster by the Department of Mines and Geology shall supervise all blasting and rock-splitting operations at all times;
(iii) The Contractor shall ensure that appropriate pre blast monitoring records are in place (i.e. photographic and inspection records of structures in close proximity to the blast area);
(iv) The Contractor shall ensure that emergency services are notified, in writing, a minimum of 24 hours prior to any blasting activities commencing on Site;
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(v) The Contractor shall take necessary precautions to prevent damage to special features and the general environment, which includes the removal of fly-rock. Environmental damage caused by blasting/drilling shall be repaired at the Contractor’s expense to the satisfaction of the RE and the relevant authorities;
(vi) The Contractor shall ensure that adequate warning is provided to the local communities immediately prior to all blasting. All signals shall also be clearly given;
(vii) The Contractor shall use blast mats for cover material during blasting. Topsoil shall not be used as blast cover.
Asphalt, Bitumen and Paving
The site of the asphalt plant shall be selected and maintained according to the following basic criteria:
(i) The plant shall be situated on flat ground;
(ii) Topsoil shall be removed prior to site establishment and stockpiled for later rehabilitation of the site;
(iii) Bitumen drums / products shall be stored in an area approved by the RE. This area shall be indicated on the construction camp layout plan. The storage area shall have a smooth impermeable (concrete or thick plastic covered in gravel) floor. The floor shall be bunded and sloped towards a sump to contain any spillages of substances;
(iv) The area shall be covered to prevent rainwater from contacting the areas containing fuels, oils, bitumen etc and potentially generating contaminated runoff;
(v) The plant shall be secured from trespassers and animals through the provision of fencing and a lockable gate to the satisfaction of the RE;
(vi) Well-trained staff shall be responsible for plant workings.
(vii) Within the bitumen plant site, areas shall be demarcated/marked for plant materials, wastewater and contaminated water;
(viii) An area should be clearly marked for vehicle access;
(ix) Drums/tanks shall be safely and securely stored;
(x) Materials requiring disposal shall be disposed of at an appropriate waste facility.
Cement/Concrete Batching
(i) Where required, a Concrete batching plant shall be located more than 20m from the nearest stream/river channel;
(ii) Topsoil shall be removed from the batching plant site and stockpiled;
(iii) Concrete shall not be mixed directly on the ground;
(iv) The concrete batching works shall be kept neat and clean at all times;
(v) Contaminated storm-water and wastewater runoff from the batching area and aggregate stockpiles shall not be permitted to enter streams but shall be led to a pit where the water can soak away;
(vi) Unused cement bags are to be stored so as not to be effected by rain or runoff events;
(vii) Used bags shall be stored and disposed of in a manner which prevents pollution of the surrounding environment (e.g. via windblown dust);
(viii) Concrete transportation shall not result in spillage;
(ix) Cleaning of equipment and flushing of mixers shall not result in pollution of the surrounding environment;
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(x) Suitable screening and containment shall be in place to prevent windblown contamination associated with any bulk cement silos, loading and batching;
(xi) Waste concrete and cement sludge shall be scraped off the site of the batching plant and removed to an approved disposal site;
(xii) All visible remains of excess concrete shall be physically removed on completion of the plaster or concrete and disposed at an approved disposal site. Washing the remains into the ground is not acceptable;
(xiii) All excess aggregate and sand shall also be removed;
(xiv) After closure of the batching plant or any area where concrete was mixed all waste concrete/cement sludge shall be removed together with contaminated soil. The surface shall then be ripped to a depth of 150mm and the topsoil replaced evenly over the site and re-grassed.
Air and dust emissions
Air emissions from construction machinery, including dust, is regarded as a nuisance when it reduces visibility, soils private property, is aesthetically displeasing or affects palatability of grazing. Dust generated by construction related activities must be minimised.
The Contractor shall be responsible for the control of air emissions and dust arising from his operations and activities.
(i) Workers shall be trained on management of air pollution from vehicles and machinery. All construction machinery shall be maintained and serviced in accordance with the contractor’s specifications;
(ii) Asphalt plants and concrete batching plants shall be well sealed and equipped with a dust removal device;
(iii) Workers shall be trained on dust minimisation techniques;
(iv) The removal of vegetation shall be avoided until such time as clearance is required and exposed surfaces shall be re-vegetated or stabilised as soon as practically possible;
(v) The contractor shall not carry out dust generating activities (excavation, handling and transport of soils) during times of strong winds. The RE shall suspend earthworks operations wherever visible dust is affecting properties adjoining the road;
(vi) Water sprays shall be used on all earthworks areas within 200 metres of human settlement. Water shall be applied whenever dust emissions (from vehicle movements or wind) are visible at the site in the opinion of the RE;
(vii) Vehicles delivering soil materials shall be covered to reduce spills and windblown dust;
(viii) Vehicle speeds shall be limited to minimise the generation of dust on site and on diversion and access roads;
(ix) Any complaints received by the Contractor regarding dust will be recorded and communicated to the RE and ESO.
Disruption of Access to Property
Disruption of access to property must be kept to a minimum at all times. Where such disruption is unavoidable, the Contractor shall advise the affected parties and the RE at least seven working days in advance of such disruption.
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Spoil Sites
Where the Contractor is required to spoil material, environmentally acceptable spoil sites must be identified and approved by the RE and EO, taking into consideration the following:
(i) Preferably to be located on land already cleared wherever possible. Communities shall be involved in the site location to avoid destruction of any ritual site or any other conflict;
(ii) The need to be more than 20 meters from watercourses and in a position that will facilitate the prevention of storm-water runoff from the site from entering the watercourse;
(iii) The development and rehabilitation of spoil areas shall include the following activities:
(iv) Stripping and stockpiling of topsoil;
(v) Removal (to a nominal depth of 500mm) and stockpiling of subsoil;
(vi) Placement of spoil material.
(vii) Contouring of spoil site to approximate natural topography and drainage and/or reduce erosion impacts on the site;
(viii) Placement of excavated subsoil and then topsoil over spoil material;
(ix) Contouring and re-vegetation;
(x) The Contractor shall ensure that the placement of spoil is done in such a manner to minimise the spread of materials and the impact on surrounding vegetation and that no materials ‘creep’ into ‘no-go’ areas.
Noise Control
(i) The Contractor shall keep noise level within acceptable limits and construction activities shall, where possible, be confined to normal working hours in the residential areas;
(ii) Schools, hospitals and other noise sensitive areas shall be notified by the Contractor at least 5 days before construction is due to commence in their vicinity. Any excessively noisy activity shall be conducted outside of school hours, where approved by the RE;
(iii) Any complaints received by the Contractor regarding noise will be recorded and communicated to the RE;
(iv) The Contractor must adhere to Noise Prevention and Control Rules of April 2005.
Storm-water Management and Erosion Control
The Contractor shall take reasonable measures to control storm water and the erosive effects. During construction the Contractor shall protect areas susceptible to erosion by installing necessary temporary and permanent drainage works as soon as possible and by taking measures to prevent the surface water from being concentrated in drainage channels or streams and from scouring slopes, banks or other areas.
Areas affected by construction related activities and/or susceptible to erosion must be monitored regularly for evidence of erosion, these include:
(i) Areas stripped of topsoil;
(ii) Soil stockpiles;
(iii) Spoil sites;
(iv) Borrow pits;
(v) Sites for bridges and drainage structures.
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On any areas where the risk of erosion is evident, special measures may be necessary to stabilise the areas and prevent erosion. These may include, but not be limited to:
(i) Confining construction activities;
(ii) Using cut off drains;
(iii) Using mechanical cover or packing structures such as geofabric to stabilise steep slopes or hessian, gabions and mattress and retaining walls;
(iv) Mulch or chip cover;
(v) Constructing anti-erosion berms;
(vi) The erosion prevention measures must be implemented to the satisfaction of the RE;
(vii) Where erosion does occur on any completed work/working areas, the Contractor shall reinstate such areas and areas damaged by the erosion at his own cost and to the satisfaction of the RE and ESO;
(viii) The Contractor shall be liable for any damage to downstream property caused by the diversion of overland storm water flows.
Equipment Maintenance and Storage
(i) All vehicles and equipment shall be kept in good working order, are serviced regularly and stored in an area approved by the RE;
(ii) Leaking equipment shall be repaired immediately or removed from the site;
(iii) All washing of equipment shall be undertaken in the workshop or maintenance areas which shall be equipped with suitable impermeable floor and sump/oil trap. The use of detergents for washing shall be restricted to low phosphate/nitrate-type detergents;
(iv) Rivers and streams shall not be used for washing of equipment and vehicles.
Sanitation
(i) The Contractor shall comply with all laws and any by-laws relating to public health and sanitation;
(ii) All temporary/ portable toilets or pit latrines shall be secured to the ground to the satisfaction of the RE to prevent them from toppling over;
(iii) The type and exact location of the toilets shall be approved by the RE prior to establishment. The use of septic tanks may only be used after appropriate investigations have been made and the option has been approved by the RE;
(iv) All toilets shall be maintained by the Contractor in a clean sanitary condition to the satisfaction of the RE;
(v) A wash basin with adequate clean water and soap shall be provided alongside each toilet. Staff shall be encouraged to wash their hands after use of the toilet, in order to minimise the spread of possible disease;
(vi) The Contractor shall ensure that no spillage occurs when the toilets are cleaned or emptied and that the contents are removed from the site to an appropriate location/facility for disposal;
(vii) The Contractor shall instruct their staff and sub-contractors that they must use toilets provided and not the bush or watercourses.
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Solid Waste Management
The site is to be kept clean, neat and tidy at all times. No burying or dumping of any waste materials, vegetation, litter or refuse shall be permitted. The Contractor must adhere to Environmental Management and Co-ordination (Waste Management) Regulations 2006. The Contractor shall implement measures to minimise waste and develop a waste management plan to include the following:-
(i) All personnel shall be instructed to dispose of all waste in a proper manner;
(ii) At all places of work the contractor shall provide litter collection facilities;
(iii) The final disposal of the site waste shall be done at the location that shall be approved by the RE, after consultation with local administration and local leaders;
(iv) The provision of sufficient bins (preferably vermin and weatherproof) at the camp and work sites to store the solid waste produced on a daily basis;
(v) Wherever possible, materials used or generated by construction shall be recycled;
(vi) Provision for responsible management of any hazardous waste generated during the construction works.
Wastewater and Contaminated Water Management
(i) No grey water runoff or uncontrolled discharges from the site/working areas (including wash down areas) to adjacent watercourses and/or water bodies shall be permitted;
(ii) Water containing such pollutants as cements, concrete, lime, chemicals and fuels shall be discharged into a conservancy tank for removal from site. This particularly applies to water emanating from concrete batching plants and concrete swills;
(iii) The Contractor shall also prevent runoff loaded with sediment and other suspended materials from the site/working areas from discharging to adjacent watercourses and/or water bodies;
(iv) Potential pollutants of any kind and in any form shall be kept, stored and used in such a manner that any escape can be contained and the water table not endangered;
(v) Wash areas shall be placed and constructed in such a manner so as to ensure that the surrounding areas (including groundwater) are not polluted;
(vi) The Contractor shall notify the RE of any pollution incidents on site.
Workshops
Where practical, all maintenance of equipment and vehicles on Site shall be performed in the workshop.
(i) if it is necessary to do maintenance on site, but outside of the workshop area, the Contractor shall obtain the approval of the RE prior to commencing activities;
(ii) The Contractor shall ensure that there is no contamination of the soil, vegetation or surface water in his workshop and other plant or emergency maintenance facilities.
The workshop shall be kept tidy at all times and shall have the following as a minimum:
(i) A smooth impermeable floor either constructed of concrete or suitable plastic covered with sufficient gravel to protect the plastic from damage;
(ii) The floor shall be bunded and sloped towards an oil trap or sump to contain any spillages of substances (e.g. oil);
(iii) Drip trays shall be used to collect the waste oil and lubricants during servicing and shall also be provided in construction areas for stationary plant (such as compressors);
(iv) The drip trays shall be inspected and emptied daily;
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(v) Drip trays shall be closely monitored during wet weather to ensure that they do not overflow.
General Materials Handling, Use and Storage
(i) All materials shall be stored within the Contractor’s camp unless otherwise approved by the RE;
(ii) Stockpile areas shall be approved by the RE;
(iii) All imported fill, soil and/or sand materials shall be free of weeds, litter and contaminants. Sources of imported materials shall be listed and approved by the RE;
(iv) The Contractor shall ensure that delivery drivers are informed of all procedures and restrictions (including ‘No go’ areas) required;
(v) Any electrical or petrol driven pumps shall be equipped and positioned so as not to cause any danger of ignition of the stored product;
(vi) Collection containers (e.g. drip trays) shall be placed under all dispensing mechanisms for hydrocarbons or hazardous liquid substances to ensure contamination from any leaks is reduced;
(vii) Regular checks shall be conducted by the Contractor on the dispensing mechanisms for all above ground storage tanks to ensure faulty equipment is identified and replaced in timely manner;
(viii) Only empty and externally clean tanks may be stored on bare ground. All empty and externally dirty tanks shall be sealed and stored on an area where the ground has been protected.
Fuels, Oils, Hazardous Substances and other Liquid Pollutants
(i) Hazardous materials shall not be stored within 2 kilometres of the top water level of public water supply reservoirs;
(ii) Hazardous materials shall be stored above flood level and at least 20 metres from any watercourse;
(iii) Areas for the storage of fuel and other flammable materials shall comply with standard fire safety regulations;
(iv) Chemicals and fuel shall be stored in storage tanks within a secure compound. All chemicals and fuels shall be stored in accordance with manufacturer's instructions;
(v) Storage areas or secondary containment shall be constructed of waterproof reinforced concrete or approved equivalent, which is not adversely affected by contact with chemicals captured within them;
(vi) The minimum volume for secondary containment shall be 110% of the capacity of the largest tank system, plus 10% of the total capacity of all other separate tanks and containers within the bund wall with closed valves for controlled draining during rains;
(vii) Pipe-work carrying product from the tank to facilities outside the containment shall be provided with secondary containment;
(viii) Tank equipment such as dispensing hoses, valves, meters, pumps, and gauges shall be located within the containment or provided with own containment;
Health, Safety and Security
General Health and Safety
(i) The Contractor shall comply with all standard and legally required health and safety regulations as promulgated by Occupational Health and Safety Act and the Factories and Other Places of Work Regulations;
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(ii) The Contractor shall provide a standard first aid kit at the site office;
(iii) The Contractor shall ensure that staff are made aware of the risks of contracting or spreading sexually transmitted diseases, particularly HIV/AIDS and how to prevent or minimise such risks;
(iv) The Contractor shall be responsible for the protection of the public and public property from any dangers associated with construction activities, and for the safe and easy passage of pedestrians and traffic in areas affected by the construction activities;
(v) All works which may pose a hazard to humans and domestic animals are to be protected, fenced, demarcated or cordoned off as instructed by the RE. If appropriate, symbolic warning signs must be erected;
(vi) Speed limits appropriate to the vehicles driven are to be observed at all times on access and haul roads. Operators and drivers are to ensure that they limit their potential to endanger humans and animals at all times by observing strict safety precautions;
(vii) No unauthorised firearms are permitted on site;
(viii) The Contractor shall provide the appropriate Personal Protective Equipment for staff.
Security
Security shall be provided to guard against vandalism when the site is unattended. This includes:
(i) Fencing of the tank compound with locks or other adequate security controls at the site;
(ii) Locks on unattended dispensing hoses;
(iii) Appropriate training for the handling and use of fuels and hazardous material is to be provided by the Contractor as necessary. This includes providing spill response and contingency plans;
(iv) Extreme care will be taken when transferring chemicals and fuels from storage vessels to equipment and machinery on an impervious sealed area which is kerbed and graded to prevent run-off. Chemical and fuel transfer areas shall drain away from the perimeter bund to a containment pit. The design shall provide for the safe and efficient movement of vehicles;
(v) All chemicals stored within the bunded areas shall be clearly labelled detailing the nature and quantity of chemicals within individual containers;
(vi) Any chemical or fuel spills shall be cleaned up immediately. The spilt liquid and clean-up material shall be removed, treated and transported to an appropriate site licensed for its disposal;
(vii) Storm water shall be diverted away from the fuel handling and storage areas. An oil water interceptor shall be provided to treat any rainwater from fuel storage and handling areas.
HIV/AIDS
The implementing agency for HIV/AIDS campaign shall monitor activities regularly to assess effectiveness and impact. This should include an initial, interim and final assessment of basic knowledge, attitude and practices taking account of existing data sources and recognising the limitations due to the short timeframe to show behaviour change. The assessment will be supported by qualitative information from focus group discussions.
Fire Prevention and Control
(i) The Contractor shall take all reasonable and precautionary steps to ensure that fires are not started as a consequence of his activities on site;
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(ii) The Contractor shall ensure that there is basic fire-fighting equipment available on site;
(iii) The Contractor shall supply all living quarters, site offices, kitchen areas, workshop areas, materials, stores and any other areas identified by the RE with tested and approved fire fighting equipment;
(iv) Flammable materials should be stored under conditions that will limit the potential for ignition and the spread of fires;
(v) ‘Hot’ work activities shall be restricted to a site approved by the RE; Smoking shall not be permitted in those areas where there is a fire hazard. These areas shall include:
(i) Workshop;
(ii) Fuel storage areas;
(iii) Any areas(e.g. park/forest areas) where vegetation or other material is such as to make liable the rapid spread of an initial flame;
The Contractor shall ensure that all site personnel are aware of the fire risks and how to deal with any fires that occur. This shall include, but not be limited to:
(i) Regular fire prevention talks and drills;
(ii) Posting of regular reminders to staff;
(iii) Any fires that occur shall be reported to the RE immediately and then to the relevant authorities;
(iv) In the event of a fire, the Contractor shall immediately employ such plant and personnel as is at his disposal and take all necessary action to prevent the spread of the fire and bring the fire under control;
(v) Costs incurred through fire damage will be the responsibility of the Contractor, should the Contractor’s staff be proven responsible for such a fire.
Emergency Procedures
The Contractor shall submit Method Statements covering the procedures for the main activities which could generate emergency situations through accidents or neglect of responsibilities. These situations include, but are not limited to:
(i) Accidents at the work place;
(ii) Accidental fires;
(iii) Accidental leaks and spillages;
(iv) Vehicle and plant accidents; Specific to accidental leaks and spillages:
(i) The Contractor shall ensure that his employees are aware of the procedure for dealing with spills and leaks;
(ii) The Contractor shall also ensure that the necessary materials and equipment for dealing with the spills and leaks is available on site at all times;
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APPENDIX 7: ENVIRONMENTAL AND SOCIAL SCREENING CHECKLIST
Project/Site Screening Worksheet: Machakos- Swahili and Kariobangi settlements
Criteria Yes/No Comments Other GoK/ WB Policies applicable
Recommended scale of Environmental Assessment
Part A: Triggers to EMCA Applicability of Second Schedule of EMCA
Yes Applies to any structure of a scale not keeping with its surround ng
OP 4.01 OP 4.12
Project Level
Part B: Details of Site location
Yes/No Description GoK/ WB Policies applicable
Proposed mitigations or enhancements
Is the site or proposed investment a protected or reserved site Provide proximity in kms
Biosphere Reserve National park Wildlife / Bird
Sanctuary Wetland Important Bird Areas Coastal area with corals Mangrove areas (or
Estuary with, mangroves)
Natural lakes Habitat of migratory
birds (outside protected areas)
Migratory Route of Wild Animals/Birds
Area with threatened/ rare/endangered fauna (outside protected areas)
Area with threatened/rare/ endangered flora (outside protected areas)
Reserved/Protected Forest
Zoological Park /Botanical Garden
If yes, provide distance
No
The settlements are located within developed area in Machakos Municipality
N/A N/A
Are there vulnerable or endangered species
No No existing natural habitats due to
N/A N/A
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Criteria Yes/No Comments Other GoK/ WB Policies applicable
Recommended scale of Environmental Assessment
(terrestrial or aquatic) in the area?
human settlement
Are there natural habitats in the site? Or in its proximity
Yes But River Iiyini which is highly polluted is in the proximity of Kariobangi settlement
National Policy on Water Resources Management and Development,EMCA 1999,Water Act, 2002
OP 4.01 EMCA, 1999, Water Quality Regulations
- Provide a proper means for sanitary and waste water disposal - Put in place measures to contain spills and save disposal of contaminated soil
If there are natural habitats, are they fragile, unique, and limited in size? Are these world heritage / Ramsar sites
Yes The entire Machakos Town is surrounded by hills and is a catchment area. The hills though predominantly inhabited by human could have areas that serve as habitats for faunal species. There are no world heritage /Ramsar site
The Wildlife Conservation and Management Act, EMCA, 1999, Forest Act, 2005 Op 4.04
- EIA at Project Level Compliance with the relevant laws - Raising awareness among the communities on environmental conservations- protection of natural habitats -
Are there wetlands, areas of saturated soils (permanent or temporary), or evidence of pending (cracks, high clay content in soils, dead vegetation, water marks)?
No There are none N/A N/A
Is the site already degraded (low groundwater, poor soil quality)?
Yes There is evidence of soil erosion and discharge into soak pits could have an impact on ground water sources
EMCA Water Quality Regulations 2006, Water Act 2002,Public Health Act, Water Act, 2002
EIA study level
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Criteria Yes/No Comments Other GoK/ WB Policies applicable
Recommended scale of Environmental Assessment
Are there steep slopes in the proximity of the investment site?
Yes The location of Kariobangi is steep and there is high potential for soil erosion and sedimentation of the River Iiyini
EMCA, 1999; Water Act, 2002;
- Cut and fill operations - EIA to be done at project level - Avoid exposing soil to elements of erosion - Limit clearance of vegetation to specific areas requiring site preparation
Do people live on the proposed site?
Yes The settlements host people. Swahili Village has about 5000 people, Kariobangi has a population of 2,315 according to the 2009 KNBS census. Some road reserves have been encroached – mostly business premises- They will need to be relocated
OP 4. 12, Physical Planning Act, 1996; The Way leaves Act CAP 282; The Land Acquisition Act CAP 295; Registration OF Titles Act CAP 281
- EIA at project level - proper consultation before resettlement - compensation of those affected - Regularize tenure system - Resolve outstanding disputes if any before implementing the project - Ensure the interests of indigenous communities protected - Put in place a RAP and compensation and relocation plan
List existing land uses (ranching, farming)?
Yes Settlement, Farming predominant
Agriculture Act CAP 318, Physical Planning Act,1996,Land Planning Act CAP 303;Employment Act CAP 226
- Project level EIA - Adhere to the land use plans for the area - The Local Authority to provide guidelines and plans to be followed
Is there existing site access (roads)?
Yes In some sections of Swahili settlement settlements have been rendered impassable due to encroachment
Physical Planning Act,1996, Way leaves Act CAP 292, OP 4. 12,
- EIA project level - Prepare and implement a Resettlement Action Plans
Is the site vulnerable to natural hazards (in floodplain, near
No Though due to the poor systems for storm water
EMCA, 1999; - Best practices in project implementation
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Criteria Yes/No Comments Other GoK/ WB Policies applicable
Recommended scale of Environmental Assessment
volcano, on seismic fault, near coastline in hurricane zone)?
disposal, the settlements sometimes experience flooding during heavy rains
- Provision of drainage systems for storm water
Are there land title conflicts?
Yes The tenure system is not clear in Kariobangi where there are no ownership titles, some of the land lords have been issued with allotment letters. In Swahili, disputes at family level, land titles are not available but allotment letters have been issued
OP 4. 12, Physical Planning Act, 1996; The Way leaves Act CAP 282; The Land Acquisition Act CAP 295; Registration OF Titles Act CAP 281, The Land Policy
- Project Level EIA - Speed up the process of title issuance - Local leaders to resolve any outstanding land disputes that involve families
Are there known archaeological, historical or other cultural property? Are any of these world heritage/ UNESCO designated etc
No None N/A N/A
Do indigenous peoples live on or near the site?
No N/A N/A N/A
Part C: Analysis of likely physical Impacts (i) Scope of proposed activities Will the investment generate an increase in solid wastes or machine wastes (oil, etc)?
Yes Construction phase will generate significant quantities of wastes
EMCA, Waste Management Regulations of 2006,Public Health Act CAP 242
- EIA at project level - Proper waste disposal as per the EMCA waste management regulations - Recycling, Reuse of waste
(ii) Water Resource Impacts Could the investment result in a modification of groundwater levels by altering flows, paving surfaces or increasing water extraction?
Yes Potential for alteration of local hydrology due to creation of impervious surfaces.
Water Act, 2002; EMCA, 1999;
- EIA project level - Collect all run off and channel through a functional drainage
Could it affect groundwater quality?
Yes Contaminated waste water could
Water Act,2002;
- EIA project level - Put proper measures
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Criteria Yes/No Comments Other GoK/ WB Policies applicable
Recommended scale of Environmental Assessment
affect the quality of ground water
EMCA, 1999; to dispose of waste water as per set regulations
Could it affect quality (through sediment, wastewater, storm discharge or solid waste) of nearby surface waters (lake, rivers, and streams)?
Yes If wastes are not handled properly, or soil exposed to erosive forces; it will end up in the nearby river. The site where Kariobangi is located has a rather steep gradient
Water Act, 2002; EMCA, 1999 Water Quality Regulations, Solid Waste Management Regulations, Wetlands, Rivers, and Lake shores regulations, EIA/EA regulations
- EIA project level - Preparation of soil conservation and erosion mitigation plan
Will it affect water quantity in nearby water bodies (lake, river, and stream)?
Yes Due to paved areas that are impervious, there’s likely to be an increase in surface runoff ending up in the River Iiyini thus increasing the volume of water
Water Act, 2002; EMCA, 1999 Water Quality Regulations, Solid Waste Management Regulations, Wetlands, Rivers, and Lake shores regulations, EIA/EA regulations
- Project level EIA - Ensuring the runoff does not carry contaminants and sediments - Putting in place a functional drainage system
Are there nearby potable water sources that need to be protected?
No None N/A N/A
(iii) Ecosystem Impacts Could the investment affect natural habitats or areas of high ecological value?
No The impacts will be mostly confined to the settlements with less or insignificant impacts on natural habitats
Forest Act, 2005; EMCA, 1999
- EIA will be applicable as a precautionary measure for any unknown impacts on any natural habitat - Study level
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Criteria Yes/No Comments Other GoK/ WB Policies applicable
Recommended scale of Environmental Assessment
Could it affect natural characteristics of adjacent or nearby sites?
Yes In Kariobangi settlement, there is a nearby river and if soil erosion is not mitigated, the aquatic system could sediment or get polluted thus altering its natural characteristics
Water Act, 2002; EMCA, 1999 Water Quality Regulations, Solid Waste Management Regulations, Wetlands, Rivers, and Lake shores regulations, EIA/EA regulations
- EIA project level - Soil conservation and erosion mitigation plan to be put in place
Could it affect wildlife or natural vegetation?
Yes The investment could affect natural vegetation to a lesser extend, clearing of some vegetation when preparing site for certain works will be inevitable
Water Act, 2002; EMCA, 1999 Water Quality Regulations, Solid Waste Management Regulations, Wetlands, Rivers, and Lake shores regulations, EIA/EA regulations
- EIA project level - Re-vegetate areas where vegetation is lost - Minimize the loss of vegetation by ensuring the design of the project affects limited areas
(iv) Drainage Impacts Will the investment in storm water drainage affect existing drainage patterns?
Yes The storm water drainage system will improve drainage in the settlements. Incidences of flooding during heavy rains will have been addressed. Runoff water will be properly channeled out of the settlements. Natural channels will however not be interfered in any
2002; EMCA, 1999 Water Quality Regulations, Solid Waste Management Regulations, Wetlands, Rivers, and Lake shores regulations, EIA/EA regulations
-EIA project level - Construct proper channels for water drainage
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Criteria Yes/No Comments Other GoK/ WB Policies applicable
Recommended scale of Environmental Assessment
significant way Will it cause standing water, which could cause public health risks?
Yes It may temporarily cause standing water during the construction period. This will provide a good breeding ground for mosquitoes and other disease vectors
2002; EMCA, 1999 Water Quality Regulations, Solid Waste Management Regulations, Public Health Act CAP 242
- EIA project level - Proper planning of construction works to minimize resident time of standing water - Provision of adequate drainage channels for collected water - use of suction pumps to remove water from pits
Will erosion result in sediment discharge to nearby water bodies?
Yes The areas of Kariobangi are already showing evidence of erosion and likely sediment discharge to the river Iiyini
EMCA, 1999, Water Quality Regulations- 2006, Solid Waste Management Regulations- 2006; Water Act, 2002
- EIA project level - Put in place an erosion mitigation plan - cut and fill operation to prevent soil erosion
Will surface drainage patterns be affected in borrow pits and quarries?
Yes The resulting borrow pit and quarries hold water thus hindering drainage flow pattern
EMCA, 1999, Water Quality Regulations- 2006, Wetlands, Rivers, and Lake shores regulations
- EIA project level - The borrow pits and quarries will be rehabilitated to required standards
Will infiltration patterns be affected?
Yes Compaction of soil and impervious surfaces that will be created will hinder water from infiltrating to the ground
EMCA, 1999, Water Quality Regulations- 2006, Wetlands, Rivers, and Lake shores regulations
EIA project level
Socio-economic impacts Will the project entail resettlement of population?
Yes The encroachments of road reserves in Swahili settlement will require the relocation of a few premises
OP 4.12; EMCA, 1999 EIA/EA Regulations
- Prepare and EIA study level
Will the project affect No
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Criteria Yes/No Comments Other GoK/ WB Policies applicable
Recommended scale of Environmental Assessment
indigenous peoples? Will it limit access to natural resources to local populations?
No
Will it have an impact on land use?
Yes Currently major land uses entail settlement and agriculture in the nearby areas of Machakos town. The project will impact on land use on the area
Physical Planning Act, 1996; The Land Acquisition Act CAP 295; Registration OF Titles Act CAP 281, The Land Policy
- EIA project level
Will it induce further encroachment of nearby areas?
Yes The project may induce further encroachment of nearby areas due to the possibility of an influx of immigrant workers seeking jobs due to the project
Physical Planning Act, 1996; The Land Acquisition Act CAP 295; Registration OF Titles Act CAP 281, The Land Policy
- Project Level
Will it cause any health impacts?
Yes Construction related dust could affect air quality, solid waste disposal could provide healthy ground for disease causing pathogens
Public Health Act, EMCA regulations on waste management and air quality, OSHA regulations
EIA project level
Will it disturb nearby communities during construction?
No The disturbance will be localized and short-term
- EIA Project Level
Could cultural resources be affected?
No
Could it affect nearby properties?
Yes Noise, vibration, Traffic build up, dust and influx of workers during construction could affect nearby properties
EMCA, 1999; Noise and Excessive Vibrations Regulations OSHA, 2007
EIA Project Level
Part D Analysis of Resettlement Impacts Criteria Yes No Remarks/identified
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Criteria Yes/No Comments Other GoK/ WB Policies applicable
Recommended scale of Environmental Assessment
problems Acquisition of private land? No The project area is within
trust land, no private land nearby
Alienation of any type of government land including that owned by urban local body?
Yes This could be possible because majority of land is belong to the government
Clearance of encroachment from government/ urban local body land?
No There are no encroachments to either of the land, the process of legitimizing the occupancy is on-going
Clearance of squatting from Government/Urban local body?
No There are no squatters in the settlements, most have already been issued with allotment letters by the Municipal Council
Number of structures, both authorized and/or unauthorized to be acquired/cleared?
Yes The structures that could be cleared could be about 20 businesses and less than 10 residential structures
Number of household to be displaced?
Yes Less than 20
Details of village common properties to be alienated, Pasture land(acres)cremation /burial ground and others specify?
None There are no common properties or community pasture land that need to be alienated
Describe existing land uses on and around the project area( e.g Community facilities, agriculture, tourism, private property)?
Agriculture, Private property, settlement
Will the project result in construction of workers or other people moving into or having access to the area ( for a long period and in large numbers compared to permanent residents) ?
No The construction work will be for a short period between 12- 24 months
Are financial compensation measures expected to be needed?
Yes In Swahili settlement where premises next to the road reserves could be affected due to relocation or removal of sections of the property
Loss of Crops, fruit, household infrastructure and livelihood Criteria Yes No Remarks/identified
problems
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Criteria Yes/No Comments Other GoK/ WB Policies applicable
Recommended scale of Environmental Assessment
Will the project result in the permanent or temporary loss of
Crops? No There will no such losses as crop land is far away from the project area
Fruit trees/coconut palms? Specify with numbers
No They don’t exist in the project area
Household infrastructure? Specify with numbers
Yes Some encroachments have been observed, some structures are weak and could be affected by any form of earthworks. Approximately 20 structures
Loss of agriculture land? specify with numbers
No This is an urban area far away from agricultural land although residents in the settlements carry out subsistence farming of maize in undeveloped land and in some small spaces within their plot
Occupational health and safety, welfare , employment and gender Criteria Yes No Remarks/identified
problems Is the project likely to provide local employment opportunities, including employment opportunities for women?
Yes Direct and indirect employment opportunities will be available for women
Is the project being planned with sufficient attention to local poverty alleviation objectives?
Yes All stakeholders have been involved in the design/planning stages of the project. Poverty reduction policies set by the government have largely informed the project
Is the project being designed with sufficient local participation of women in the planning design and implementation process?
Yes There is a Settlement Committee that is well constituted with representation of women in the committee
Historical, Archaeological, or cultural Heritage sites Criteria Yes No Remarks/identified
problems Based on available sources, consultation with local Authorities, local knowledge and/ or observation could the project alter? Historical heritage site(s) or require excavation near the same?
None
Archaeological heritage site(s) or require excavation near the same?
None
Cultural heritage site(s) or require excavation near the same
None
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Criteria Yes/No Comments Other GoK/ WB Policies applicable
Recommended scale of Environmental Assessment
Graves or sacred locations or require excavation near the same?
None
Part D (i) : Result/Outcome of Environmental/ Social and Resettlement Screening Exercise No Environment Impact Assessment Required Environment Impact Assessment Required Yes, required at project level OP4.12 category ( S1, S2, S3) OP 4.12 triggered, S2 RAP category required Abbreviated RAP Any special conditions Part E : Authorisation
Screening undertaken by : .................. Designation............
Signature..................... Date..................................
Approved by: .................................... Designation...................................
Signature..................... Date..................................
PMU Confirmation by: ......................................... Designation.................
Signature..................... Date..................................
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APPENDIX 8: CHANCE FIND PROCEDURES Chance finds procedures should be incorporated into each sub-project ESMP and civil works contracts. The following wording is proposed:
If the Contractor discovers archeological sites, historical sites, remains and objects, including graveyards and/or individual graves during excavation or construction, the Contractor shall: - Stop the construction activities in the area of the chance find; - Delineate the discovered site or area; - Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be arranged until the responsible local authorities or the Ministry of State for National Heritage and Culture take over; - Notify the supervisory Project Environmental Officer and Project Engineer who in turn will notify the responsible local authorities and the Ministry of State for National Heritage and Culture immediately (within 24 hours or less); Responsible local authorities and the Ministry of State for National Heritage and Culture would then be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed by the archaeologists of the National Museums of Kenya. The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage, namely the aesthetic, historic, scientific or research, social and economic values. Decisions on how to handle the finding shall be taken by the responsible authorities and the Ministry of State for National Heritage and Culture. This could include changes in the layout (such as when finding irremovable remains of cultural or archaeological importance) conservation, preservation, restoration and salvage. Implementation for the authority decision concerning the management of the finding shall be communicated in writing by relevant local authorities. -Construction work may resume only after permission is given from the responsible local authorities or the Ministry of State for National Heritage and Culture concerning safeguard of the heritage
