Kenya National Highways Authority

Kenya National Highways Authority

NORTH EASTERN TRANSPORT IMPROVEMENT PROJECT (NETIP),

ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF)

FINAL

© November , 2019

North Eastern Transport Improvement Project (NETIP) Kenya National Highway Authority

Environmental and Social Management Framework (ESMF) I

TABLE OF CONTENTS

TABLE OF CONTENTS ............................................................................................................. I

ACRONYMS AND ABBREVIATIONS ...................................................................................... V

EXECUTIVE SUMMARY .......................................................................................................... VI

INTRODUCTION ....................................................................................................................... 1

1.1 Background ................................................................................................................................. 1

1.2 Objective of The ESMF ............................................................................................................. 1

1.3 ESMF Approach And Methodology ......................................................................................... 1

1.4 Structure Of The Document ..................................................................................................... 1

NETIP DESCRIPTION ............................................................................................................... 1

2.1 Development Objective ............................................................................................................. 2

2.2 Components of Netip ................................................................................................................. 2

ENVIRONMENTAL BASELINE ................................................................................................ 4

3.1 Climate ........................................................................................................................................ 4

3.1.1 Climate change ................................................................................................................... 4

3.2 Topography ................................................................................................................................. 4

3.3 Water resources ......................................................................................................................... 5

3.4 Biophysical baseline .................................................................................................................. 6

3.4.1 Biodiversity .......................................................................................................................... 6

3.5 Vegetation Resources ............................................................................................................... 9

SOCIO ECONOMIC BASELINE ............................................................................................. 11

4.1 Socio Economic Baseline County ......................................................................................... 12

4.1.1 Wajir County ...................................................................................................................... 12

4.1.2 Isiolo County .................................................................................................................... 14

4.1.3 Mandera County ............................................................................................................... 16

4.1.4 Garissa ............................................................................................................................... 18

4.5 Gender ...................................................................................................................................... 20

4.6 Development Agencies ........................................................................................................... 22

4.7 Security and Conflicts ............................................................................................................. 22

OVERVIEW OF POLICIES, PLANS, LEGAL AND INSTITUTIONAL FRAMEWORK

RELATED TO NETIP .............................................................................................................. 23

5.1 General Overview .................................................................................................................... 23

5.2 World Bank Requirements ..................................................................................................... 23

5.3 Environment, Health and Safety Guidelines ........................................................................ 27

5.4 Policies and plans .................................................................................................................... 27

5.4.1 Policy Framework ............................................................................................................. 27

5.4.2 National Environment Policy ........................................................................................... 27

5.4.3 Kenya Rural Development Strategy (KRDS) 2002-2017 ........................................... 28

5.4.4 The National Poverty Eradication Plan (NPEP)........................................................... 28

5.4.5 Poverty Reduction Strategy Paper (PRSP) .................................................................. 28

5.4.6 Sessional Paper No. 10 of 2012 on Kenya Vision 2030 ............................................ 28

5.4.7 Sessional Paper No. 1 of 20017 on National Land Use Policy ................................. 29

5.4.8 Sessional Paper No. 8 of 2012 - Sustainable Development of Northern Kenya .... 29


Environmental and Social Management Framework (ESMF) II

5.4.9 National Forestry Policy of 2014 .................................................................................... 30

5.4.10 The National Wildlife Conservation and Management Policy, 2017 ...................... 30

5.4.11 Wetlands Policy of 2013................................................................................................ 30

5.4.12 Public Health Policy of 2014-2030 .............................................................................. 30

5.4.13 Occupational Health and Safety Policy of 2012 ........................................................ 31

5.4.14 HIV/AIDS Policy of 2009 ............................................................................................... 31

5.4.15 Kenya National Policy on Gender and Development (NPGD), 2000 ..................... 31

5.4.16 The Kenya National Climate Change Response Strategy of 2010 ........................ 31

5.4.17 KeNHA’s Environment and Social Safeguards Policy, 2018 ................................... 32

5.4.18 Gender Policy, July 2011 .............................................................................................. 32

5.5 Legal Framework ..................................................................................................................... 33

5.6 Kenya's EIA System ................................................................................................................ 46

5.6.1 Screening ........................................................................................................................... 46

5.6.2 Preparation and Review Of Project Reports (PRs) ..................................................... 46

5.6.3 Terms of reference ........................................................................................................... 46

5.6.4 Environmental Impact Assessment Study Report ....................................................... 47

5.6.5 Public participation ........................................................................................................... 47

5.6.6 Comments from Lead Agencies ..................................................................................... 48

5.6.7 Public Review and Hearing ............................................................................................. 48

5.6.8 Environmental Audit ......................................................................................................... 49

5.6.9 NEMA Project Risk Classification .................................................................................. 50

5.7 International conventions and treaties ................................................................................ 51

5.6 Institutional framework ............................................................................................................ 52

5.8 Gap Analysis ............................................................................................................................ 55

TYPOLOGY OF POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS AND

MITIGATION MEASURES ...................................................................................................... 56

6.1 Environmental Impacts ........................................................................................................... 56

6.2 Social Impacts and Risks ....................................................................................................... 56

6.3 Cumulative Impacts ................................................................................................................. 58

6.4 Mitigation Measures/Tools ..................................................................................................... 59

SAFEGUARD PROCESS FOR SUBPROJECTS ................................................................. 72

7.1 Project Identification ................................................................................................................ 72

7.2 ES Screening and Premiminary Analysis of Alternatives –............................................... 72

7.3 Environmental categories ....................................................................................................... 72

7.4 Environmental and Social Risk Levels ................................................................................. 73

7.5 Preparation of the TORs ......................................................................................................... 75

7.6 Preparation of the Safeguard Instruments ........................................................................... 75

7.7 Implementation of Subproject Mitigation Measures ........................................................... 76

7.8 ESIA/ESMPS Of Subprojects ................................................................................................ 76

7.9 Preparation of ESMP for Level 1, 2 and 3 Subprojects .................................................. 76

7.9.1 Mitigation ........................................................................................................................... 76

7.9.2 Monitoring .......................................................................................................................... 77

7.9.3 Capacity Development and Training ............................................................................. 77

7.9.4 Integration of ESMP with Project ................................................................................... 77

7.10 Preparation of ESIAs with ESMPs For Level 2-3 Subprojects ....................................... 78

7.11 Consultation and Disclosure Requirements ...................................................................... 78


Environmental and Social Management Framework (ESMF) III

MONITORING AND REPORTING .......................................................................................... 80

8.1 Monitoring of Contractors ....................................................................................................... 80

8.2 Completion Reports ................................................................................................................. 81

8.3 Monitoring Plans and Indicators ............................................................................................ 81

8.3.1 Monitoring Levels-Overall Project Level ....................................................................... 81

8.3.2 Bank’s Monitoring Support .............................................................................................. 82

8.3.3 Sub Project Level Monitoring .......................................................................................... 82

INSTITUTIONAL ARRANGEMENTS ..................................................................................... 85

9.1 Project Structure ...................................................................................................................... 85

9.2 Kenya National Highways Authority (KeNHA) .................................................................... 85

9.3 Ministry of Transport, Infrastructure, Housing and Urban Development ......................... 85

9.4 National Environment Management Authority .................................................................... 85

9.5 National Museum of Kenya (NMK) ....................................................................................... 86

9.6 Supervising Consultant ........................................................................................................... 86

9.7 Construction Contractor .......................................................................................................... 86

9.8 County Governments .............................................................................................................. 86

STAKEHOLDER CONSULTATION AND INFORMATION DISCLOSURE ........................... 87

10.1 Rationale for stakeholder consultation ............................................................................... 87

10.2 stakeholder consultation instruments ................................................................................. 87

10.3 Stakeholder Identification ..................................................................................................... 88

10.4 consultation during initial esmf preparation ....................................................................... 88

10.5 Stakeholder Consultation during the esmf review ............................................................ 89

10.6 Public Disclosure ................................................................................................................... 91

GRIEVANCES AND COMPLAINTS ....................................................................................... 92

11.1 Introduction ............................................................................................................................. 92

11.2 Project Anticipated grievances ............................................................................................ 92

11.3 Essentials in Grievance Redress ........................................................................................ 93

11.3 Comment Response and, Grievance Mechanism Log .................................................... 96

11.4 Initial Response Template .................................................................................................... 96

11.5 Monitoring and Review ......................................................................................................... 96

11.6 The World Bank Grievance Redress Service .................................................................... 96

CAPACITY BUILDING ............................................................................................................ 98

ESMF IMPLEMENTATION BUDGET ................................................................................... 100

REFERENCES ...................................................................................................................... 101

ANNEXES .............................................................................................................................. 103

ANNEX 1:ENVIRONMENTAL AND SOCIAL SCREENING CHECKLISTS FOR NETIP SUBPROJECTS

........................................................................................................................................................ 103

ANNEX 2: ANALYSIS OF ALTERNATIVES ..................................................................................... 109

ANNEX 3: CHANCE FIND PROCEDURE ................................................................................................... 110

ANNEX 4: SAMPLE GRM FORM .................................................................................................. 113

ANNEX 5: COMPARISON KENYAN LAWS AND WORLD BANK OPERATIONAL PROCEDURES .... 115

ANNEX 6: KENHAS ENVIRONMENT AND SOCIAL SAFEGUARDS POLICY STATEMENT ............. 126

ANNEX 7: LIST OF STAKEHOLDERS CONSULTED ........................................................................ 127

ANNEX 8: SUMMARY OF COMMENTS FROM STAKEHOLDER CONSULTATIONS .......................... 128


Environmental and Social Management Framework (ESMF) IV

ANNEX 9: GENERAL ENVIRONMENTAL AND SOCIAL MITIGATION PLAN ................................... 167

ANNEX 11: ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN/PROJECT

REPORT TEMPLATE .................................................................................................................. 173

ANNEX 12. CESMP ASPECTS ....................................................................................................... 174

ANNEX 13. GUIDELINE FOR PREPARATION OF LMP .................................................................... 176

ANNEX 14 SAMPLE GUIDELINE ON CODE OF CONDUCT ............................................................ 179

ANNEX 15 SAMPLE TORS FOR ESIA ....................................................................................... 182

ANNEX 16 CONTRACTOR EHS CLAUSES ........................................................................................ 187

ANNEX 17. EMCA SECOND SCHEDULE PROJECT RISK CATEGORIATION TABLE ...................... 191

ANNEX 18. GRIEVANCE RESPONSE TEMPLATE ............................................................................ 194

LIST OF FIGURES

FIGURE 1: MAP SHOWING THE LOCATION (RED LINE) OF THE PROPOSED CORRIDOR .......................................... 1 FIGURE 2: MERTI ACQUIFER .................................................................................................................................. 5 FIGURE 3: ELEPHANT MOVEMENT ROUTES IN THE SAMBURU-ISIOLO-MERU-WESTERN GARISSA LANDSCAPES . 8 FIGURE 4: LAND USE LAND COVER MAP OF NETIP PROJECT COUNTIES ............................................................ 10 FIGURE 5: KENYAS ESIA PROCESS ..................................................................................................................... 50

LIST OF TABLES

TABLE 1: TYPES OF SUB PROJECTS AND THEIR IMPACTS ..................................................................................... X TABLE 2: NETIP FINANCING PLAN ........................................................................................................................ 1 TABLE 3: COMMON WATER SOURCES IN THE PROJECT AREA .............................................................................. 6 TABLE 4 : PROJECT COUNTIES DEMOGRAPHICS AND STATISTICS ..................................................................... 11 TABLE 5: DESCRIPTIONS AND JUSTIFICATION FOR WB POLICIES TRIGGERED BY NETIP .................................. 25 TABLE 6: RELEVANT KENYAN LEGISLATION RELEVANT TO NETIP ..................................................................... 34 TABLE 7: TYPICAL ESIA FULL STUDY AND PROJECT REPORT PROCESSING TIME AT NEMA ............................ 48 TABLE 8: INSTITUTIONS RELEVANT TO THE NETIP ............................................................................................. 53 TABLE 9:SUMMARY OF LIKELY CUMULATIVE IMPACTS ......................................................................................... 58 TABLE 10: SUB PROJECT ACTIVITIES IMPACT AND THE MITIGATION AND ENHANCEMENT MEASURES ................. 62 TABLE 11: RISK SENSITIVITY CRITERIA ................................................................................................................ 74 TABLE 12: SUB-PROJECT LEVEL MONITORING ..................................................................................................... 82 TABLE 13: MONITORING ROLES AND RESPONSIBILITIES ...................................................................................... 82 TABLE 14; ACTIVITIES AND INSTITUTIONAL RESPONSIBILITIES ........................................................................... 83 TABLE 15: SUMMARY OF CONSULTATIONS CARRIED OUT DURING THE ESMF REVIEW EXERCISE .................... 89 TABLE 18: ESMF IMPLEMENTATION BUDGET ................................................................................................... 100 TABLE 19; SUMMARY FROM FILLED QUESTIONNAIRES AND INTERVIEWS IN GARISSA COUNTY ..................... 129 TABLE 20:SUMMARY FROM ESMF STAKEHOLDER INTERVIEWS ISIOLO COUNTY ........................................... 134 TABLE 21: SUMMARY OF COMMENTS FROM STAKEHOLDER CONSULTATION MEETINGS (WAJIR-ELWAK) ..... 138 TABLE 22: SUMMARY OF COMMENTS FROM STAKEHOLDER CONSULTATION MEETINGS HELD BETWEEN 20TH TO

26TH FEBRUARY 2019 (MODOGASHE-WAJIR) ........................................................................................... 142


Environmental and Social Management Framework (ESMF) V

ACRONYMS AND ABBREVIATIONS

AEZ Agro Ecological Zones

ASDSP Agricultural Sector Development Support Programme

CBO Community Based Organisation

CC Compensation Committee

CDP Community Development Plan

CEC County Environment Committee

CDE County Director of Environment

CIDP County Integrated Development Plan

CIG Common Interest Group

DOSHS Directorate of Occupational Safety and Health Services

EA Environmental Audit

EMCA Environmental Management and Coordination Act

ESIA Environmental and Social Impact Assessment

EMMP Environmental Monitoring and Management Plan

ESMF Environmental and Social Management Framework

ESMP Environmental and Social Management Plan

FGDs Focused Group Discussions

GBV Gender Based Violence

GAP GBV Action Plan

IPM Integrated Pest Management Plan

KeNHA Kenya National Highways Authority

KFS Kenya Forest Service

KWS Kenya Wildlife Service

MMP Mitigation Management Plan

M&E Monitoring and Evaluation

MoU Memorandum of Understanding

MoTIHUD Ministry of Transport, Infrastructure, Housing

and Urban Development

NEMA National Environment Management Authority

NETIP North Eastern Transport Improvement Project

NGO Non-Governmental Organization

NRM Natural Resources Management

PAD Project Appraisal Document

PDO Project Development Objective

PPPs Policies, Plans & Programs

RAP Resettlement Action Plan

RPF Resettlement Policy Framework

SA Social Assessment

TOR Terms of Reference

VMGs Vulnerable and Marginalized Groups (VMGs)

VGMF Vulnerable and Marginalized Group Framework

WB World Bank

WRA Water Resources Authority


Environmental and Social Management Framework (ESMF) VI

EXECUTIVE SUMMARY

1. Introduction The Government of the Republic of Kenya (GoK), through the Ministry of

Transport, Infrastructure, Housing, and Urban Development (MoTIHUD) have applied for credit from

the International Development Association (IDA) towards the cost of the construction of the North-

Eastern Transport Improvement Project (NETIP). A portion of the credit will be allocated to the

upgrading of sections of the Isiolo - Mandera Road to bitumen standard.The rationale of the project is

founded on the realization that poor road access to the North Eastern part of Kenya constrains the

social and economic development prospects of the area. The region is marginalized geographically

and is historically underserved. Due to poor road condition, the region is cut-off from the rest of the

country during the rainy season while still the journey times during dry season are relatively longer for

comparable distances in other parts of Kenya. The Isiolo-Mandera corridor is among the very few

Class A roads that remain unpaved. It transverses a region with rudimentary road infrastructure,

isolated and with high incidences of poverty. Upgrading of the road corridor is one of the top priority of

the GoK, and consistent with the transport policy of bituminizing of all Class A roads in the country.

Improving the road will no doubt stimulate the development, integrate, and contribute to improving

security and bringing about sharing the prosperity of the country with this region.

2. The proposed project development objectives are to improve the movement of goods and

people along Isiolo-Wajir-Mandera part of the Mombasa-Garissa- Wajir- Mandera- Mogadishu road

corridor and to enhance connectivity between Kenya and Somalia and Ethiopia. The project will

comprise upgrading road infrastructure and associated roadside social amenities including designing

and establishing facilities and marketing system for pilot pastoralist road side markets and provision of

market shades, milk cooler, slaughter houses, veterinary posts, livestock holding area in selected

locations. The project components will also include:

Component 1: Upgrading Selected Critical Road Infrastructure and associated roadside amenities.

Component 2: Institutional Development and Project Monitoring and Management

Component 3: Enhancing Internet Connectivity (US$34.00 million). Support to Information and Communication Technology Authority (ICTA)

3. Project Areas. NETIP corridor traverses all the headquarters of Isiolo, Wajir and Mandera Counties and will directly impact Isiolo, Garissa, Wajir and Mandera Counties in North Eastern part of Kenya. The area is classified as an arid and semi arid region with significant population dependent on the pastoralism and majority of the communities in the area are considered marginalized.

4. The World Bank safeguard policy on Environmental Assessment (EA) (OP/BP 4.01) requires development of of an Environmental and Social Management Framework (ESMF) in a case when the project specific locations and activities are not defined prior to project appraisal, this is the case for activities under component 1 of the project (roadside social amenities, markets, slaughterhouses, veterinary posts, livestock holding areas etc) and component 3 (detailed design and construction of fiber optic cable network). This ESMF will ensure that sufficient guidance is provided in the selection, preparation, and implementation of this activities to avoid or minimize potential environmental and social risks and negative impacts and enhance the environmental and social sustainability. This will be accomplished through the development and application of proper screening, selection criteria for specific activities, planning that takes into account environmental and social criteria, sound implementation and monitoring, and disclosure, consultation and feedback.

5. The proposed project is assessed as Category A under the WB EA Category system which means it is likely to have adverse environmental and social impacts that are significant, generally large-scale, irreversible, sensitive, diverse, cumulative may affect an area broader than the sites or facilities financed by the project. The proposed road project and sub-projects will have a major impacts along the road corridor and the project are of influence in all phases of the project including


Environmental and Social Management Framework (ESMF) VII

loss of grazing, change in the landscape, establishment of larger market centres and towns, influx of new populations in search of new opportunities, interference with existing ways of life, GBV, potential conflicts, pressure for existing natural resources and increase in traffic during the operation. The Project has triggered the World Bank OP/BP 4.01 Environmental Assessment, OP/BP 4.04 Natural Habitats, OP/BP 4.10 Indigenous Peoples, OP/BP 4.12 Involuntary Resettlement, and OP/BP 4.11 Physical Cultural Resources. The ESMF has been prepared to guide the selection and implementation of subprojects that will require precautionary measures related to EA (OP/BP 4.01).

6. The project will benefit businesses, government officers, non-government organizations, local residents, women, and the general populace of North Eastern of Kenya, particularly in terms of

reduced Travel time between Isiolo-Mandera;

reduced vehicle operating costs;

reduced internet connection charges;

reduced transport cost to users;

improved regional road network;

promotionconomic growth within the region;

Improved safety and reliability for all road users;

Improved security within the project area; and,

Employment opportunities to local inhabitants, among other benefits. 7. The project has prepared this Environmental and Social Management Framework (ESMF) to cover activities/subprojects under Component 1 & 3 of NETIP whose designs and specific locations is unknown at this stage of project preparation. These subprojects include associated infrastructure such as roadside social amenities, markets, slaughterhouses, veterinary posts, livestock holding areas, etc. whose exact locations are yet to be defined. In addition, these facilities and other ancillary facilities utilized during the project implementation will be subjected to carry out ESIA studies. The World Bank Operational Policy on Safeguards requires that ESMF be disclosed in the country and accessed easily by the general public, and made available through the World Bank’s external website. Also, the ESMF will be made available at the County government level for reference by local non-governmental organizations and communities. 8. Environmental/Social Screening. Environmental and social screening would involve (i) reconnaissance of the subproject areas and their surroundings; (ii) identification of the major subproject activities; and (iii) preliminary assessment of the potential impacts of these activities on the ecological, biophysical and socio-economic environment of the subproject surrounding areas. KeNHA safeguard staff will coordinate and lead the environmental and social screening process. All proposed subprojects will be subjected to the screening process to determine and assign them an environmental and social risk rating and further identify potential sensitive environmental and social receptors likely to be negatively impacted. The process will also identify critical issues that might be triggered by the subproject and would need further detailed investigations during environmental and social assessments. This process will also help in advising what safeguards tools (ESIAs, ESMPs, RAPs, ARAPs, etc) to be prepared for the subprojects. Most importantly, it will help in re-aligning, re-designing and where not possible dropping out sub-projects that have extremely high risk and the potential to negatively impact the biophysical and socioeconomic environment. 9. Each eligible subproject will be assigned one of the following risk levels.

Level 1 - Low risk. Subprojects that involve works but do not have impacts beyond generic construction impacts, are likely to have minimal or no adverse environmental and social impact and will not require land acquisition. These subprojects will require an ESMP or ESMP checklist consisting only of a description of the subproject and the Environmental and Social Clauses for the contractor. These ESMPs will be submitted to the World Bank for review and clearance and will be disclosed by both the KeNHA and the World Bank. Subprojects that do not have a physical footprint (equivalent to Category C in OP 4.01) and do not require safeguards instruments also fall under this risk level. Level 2 - Medium Risk. Subprojects that are likely to potentially result to moderate environmental and social impacts. In addition to the Environmental and Social Clauses for Contractors, these subprojects will require an environmental and social assessment of each of the impacts and will define matching mitigation measures. These subprojects might also


Environmental and Social Management Framework (ESMF) VIII

require an Abbreviated Resettlement Action Plan (ARAP) prepared under the Resettlement Policy Framework to address possible small pieces of the temporary or permanent involuntary taking of land during project implementation. These subprojects will require a set of E&S measures for mitigation and management of impacts and a report in the form of an Environmental and social impact assessment (ESIA) or Environmental and Social Management Plan (ESMP) will be prepared. As required by NEMA for medium risk projects the ESMP will also be submitted to NEMA as a “project report” to inform them of the project activities, geographical area and potential impacts of the proposed development. The requirement in terms of content for a PR report is given in section 9.3. These ESIA/ESMPs and (Project Reports for NEMA), will be submitted to the World Bank for review and clearance and will be disclosed by both the KeNHA and the World Bank. KeNHA will engage the services of an experienced local consulting firm/consultant to prepare both the Environmental and Social Safeguards tools that may be required for this category of subprojects. Level 3 - High Risk. Subprojects that are likely to cause significant environmental and social impacts. These subprojects will require a full ESIA and detailed ESMP. They might also require an ARAP or a RAP1. All the safeguards documents prepared for this category will be submitted to the World Bank for review and clearance and will be disclosed by both the KeNHA and the World Bank. Given the nature of environmental and social challenges they may present; they will require a diversity of E&S specialist. KeNHA will engage an experienced consulting firm/consultant to prepare both the Environmental and Social Safeguards tools required for this category of the subprojects.

10. Impact Assessment and Planning: The Environmental Management and Coordination Act (EMCA) require that all projects be subjected to a review and screening process in order to determine whether an ESIA is necessary or otherwise. Subprojects will each need to be assessed independently for potential environmental and social impacts. Depending on the type of environmental and social impacts as will be determined during the ES Screening, KeNHA will be responsible to undertake environmental and social due diligence and assessments according to the guidance in the ESMF. KeNHA will prepare the Terms of Reference for the environmental and social assessments for respective subprojects, hire qualified and registred independent environmental and social experts to support on the preparation of the ESIAs and/ or ESMPs (Project Reports). 11. The major activities to be carried out for impact assessment and planning include: (i) identification of subproject influence area; (ii) establishment of “baseline environment”, against which impacts of the proposed subproject would be evaluated; (iii) analysis of alternatives; (iv) identification of major subproject activities during both construction and operational phases; (v) assessment, prediction and evaluation of potential impacts of subproject activities on the baseline environment; (vi) carrying out public consultations and (vii) identification of mitigation measures and preparation of environmental and social management plans (ESMP) including monitoring requirements. 12. The draft ESIAs and/ or ESMPs (Project Reports) will be submitted to the KeNHA’s safeguards team for review , thereafter, the ESIAs and/ or ESMPs (Project Reports) will be submitted to the World Bank for review and clearance. KeNHA will submit the cleared ESIAs and/ or ESMPs (Project Reports) to NEMA for statutory review and ESIA licensing. 13. Where NEMA and Lead Agencies ascertain that a project report has disclosed adequate mitigation for identified impacts, NEMA would issue an EIA License authorizing the project to proceed.

1 Resettlement action plan (RAP) is a time-bound action plan, with budget, setting out resettlement strategy, objectives, eligibility criteria,

entitlements, actions, responsibilities, monitoring and evaluation. The type of RAP can be categorized by the magnitude of the resettlement

required. Abbreviated resettlement action plan (ARAP) is an instrument prepared instead of a resettlement plan If the resettlement impacts are

minor or the project displaces fewer than 200 people


Environmental and Social Management Framework (ESMF) IX

The license would specify conditions to be met by the proponent for during construction and operation of the project. Typical conditions include:

Period after issuance of license within which the subproject must commence, usually 24 months;

The proponent must seek written approval from NEMA for any operational changes; The period after commencement of the project within which the proponent should undertake an Environmental Audit and submit an EA report to NEMA;

NEMA to take appropriate action against the proponent in the event of breach of any of the conditions of EIA license.

If the Project Report (PR) does not disclose adequate mitigation measures or that the project has significant irreversible environmental and social impacts the proponent will be required to undertake an ESIA study. NEMA will write to the proponent to undertake scoping, prepare Terms of Reference (ToR) for ESIA study and submit these for approval prior to commencement of the study.

14. Implementation and Compliance Monitoring KeNHA will be responsible for the monitoring and compliance for the approved ESIA and/or ESMP . The ESMP will be incorporated to the bidding and contract documents for the works. The contractor (s) will be required to implement the ESMP and ensure compliance to the ESIA lisence conditions. KeNHA will undertake regular monthly site visit to the respective subprojects to ensure compliance to the the ESMP. NEMA is charged with the overall role of providing oversight in regard to monitoring for all project activities that have potential impacts on the environment in Kenya. NEMA is expected to undertake unplanned or planned periodic monitoring for the subprojects by making site inspection visits where necessary to determine compliance with the licencse conditions.Approved sub projects will further carry out annual environmental audit reports as required by EMCA to show implementation and compliance with the ESMP. 15. Analysis of Alternatives. The primary objective of the “analysis of alternatives” is to identify the location/technology for a particular subproject that would generate the least adverse impact, and maximize the positive impacts. The analysis of alternatives should be carried out at two different levels: (a) by KeNHA along with environmental/social screening; and (b) during carrying out of ESIA/ESMP of a subproject, if needed (e.g., by the consultant engaged for this purpose). A simple format for analysis of alternatives is presented in Annex 2. 16. Likely Impacts: Overall NETIP will have positive impacts on the environment as well as a positive socio-economic impact on host communities through improved livelihoods. However, the implementation of NETIP sub-projects is likely to cause potential negative environmental and social impacts. The impact assessment for each subproject will focus on the following potential impacts: 17. The proposed social amenities, fibre optic cable and other ancillary facilities will likely be located in non-sensitive areas. . The environmental and social impacts of these facilities are expected to be at low to moderate levels, mostly short-term and temporary which can be easily addressed through standard mitigation measures. . Construction activities are likely to occasion short-term nuisances such as noise and vibrations, dust emissions, closure of access routes and construction wastes and impacts from material and equipment yards , transport and storage areas, exposure of construction crew to occupational health and safety hazards and vices. Key social risks and impacts include: physical and economic displacement; risk of child labor and impacts associated with labor influx such cultural conflicts between local communities and migrant workers, sexual exploitation and abuse (SEA), sexual harassment (SH) and other forms of gender-based violence (GBV). There is also a potential for exclusion of disadvantaged and vulnerable groups from project benefits; and security risks associated with terrorist attacks and inter clan conflicts. 18. Upon commissioning, operation of subprojects will generate a new array of concerns on such as noise in open spaces, solid waste and domestic effluent in case of drains blockage, increased surface runoff from pavements and roads, inflation, economic empowerment, change in cultural values etc. which require new strategies for management. In order to contain the potential adverse impacts and thus secure the economic gains anticipated of investments, this ESMF has outlined mitigation measures to be undertaken as part of the environmental and social management process within the NETIP subproject which are unknown at this stage of project preparation.


Environmental and Social Management Framework (ESMF) X

19. An environmental and social assessment have been carried out as the part of the preparation of this ESMF along with various other safeguards tools including, Security Risk Assessment and Security Management Plan, Resettlement Policy Framework, Environmental and Social Impact Assessments and Resettlement Action Plans for specific subprojects that have already been identified.Table 1 presents the various types of sub project which will be supported under NETIP, their likely environmental and social impacts and corresponding mitigation measures. Measureas addressing potential cumulative impacts is provided under paragraph 128 of this document. Subsequent safeguard instruments for the broader NETIP project have addressed potential cumulative impacts, along with other ongoing activites within the Project Area. The types of subprojects being considered incorporate the feedbacks and suggestions made by the communities during consultations held at various centers along the NETIP corridor in February 2019. During project impleentation, KeNHA will further carry out needs assessment and consultation with locals to select a menu of social amenities to be implemented.

Table 1: Types of sub projects and their impacts

Type of Sub-project

Potential Significant Environmental Concerns

Potential Significant Social Concerns

Proposed Mitigation Measures

Livestock holding areas and veterinary posts

Potential dust emissions, noise and vibrations, soil erosion, and groundwater contamination and solid waste disposal

Clearing vegetation for construction,

Waste management

occupational, health and safety hazards and community health and safety related hazards

Inequality issues on resource accessibility and use;

Ownership; and tenure security

Gender disparities;

Leadership issues;

Spread of communicable diseases like HIV/AIDS issues due to the influx of workers during construction

Insecutiy concerns due to threats from Alshabab and inter clan conflicts prone in the project area posing challenge to contractors

For land acquisition related impacts, the project has prepared RPF to guide preparation of subsequent ARAPs/RAPs when sub project locations have not been identified

For Security and conflict related impacts the project has prepared Security Management Plan/Security Risk Assessment has been done, robust stakeholder engagement carried out and GRM for local communities included,

For potential environmental related impact- vehicle movement will be restricted to designated access roots , , adequate drainage facilities to be provided, and water be channenled to existind drainange system, fueling of vehicles will be carried out from designated paved areas, , workers appropriate PPE i.e. ear muffs, waste will be segragared at source and hazardous waste will be collected by licensed handlers

Health and safety related impacts-OHS induction training for workers, conducting tool box talks, displaying appropriate signs around construction sites, providing first aid kits, training first aiders and emergency preparedness and plans , and providing appropriate PPE to workers

Preparation of related plans


Environmental and Social Management Framework (ESMF) XI

i.e. health and safety plans, waste management plans, emergency response plans, security management plans, labour management plan, stakeholder engagement plan and indigenous peoples plans will be prepared as necessary

Construction of markets, market shades, slaughterhouses, milk coolers )

Environmental degradation as a result of extraction of burrow areas, soil erosion, and vegetation clearance

Noise, access roads

Introduction of invasive species

Solid and liquid waste pollution

Health and safety impacts;

occupational, health and safety and community health and safety related hazards

Dust emissions

Noise and vibrations impacts

Shared watering points are a potential source of human and livestock disease spread

Conflicts between agro-pastoral and pastoral communities along cultivated (cropped) stock routes

Competition for land between crops and livestock

Risk of livestock falling on a dug soil and water conservation structure


Ownership and tenure security;

Gender disparities;

Leadership issues/governance

Spread of communicable diseases like HIV/AIDS issues due to the influx of workers during construction


For land related impacts, the project has prepared RPF to guide preparation of subsequent RAPs when sub project locations have been identified

For Security and conflict related impacts-project has prepared Security Management Plan/Security Risk Assessment has been done, robust stakeholder engagement , GRM for communities,

For Environmental related impact- environmental and social screening for sub-projects, preparation of ESIA/ESMP, preparation of related plans i.e. health and safety plans, waste management plan, emergency response plans, security management plans Gender based violence action plan, labour management plan, stakeholder engagement plan and indigenous peoples plan as necessary

Construction road side social amenities

Proper siting, construction safety, traffic safety, drainage on adjacent areas,

Environmental degradation as a result of extraction of burrow areas, excavation activities, soil erosion, and vegetation clearance


Ownership and tenure security;

Gender disparities;

Presence of VMGs and social inclusion processes; etc.;

Disruption of utility

For land acquisition related impacts, the project has prepared RPF to guide preparation of subsequent ARAPs/RAPs when sub project locations have not been identified

For Security and conflict related impacts the project has prepared Security Management Plan/Security Risk Assessment has been


Environmental and Social Management Framework (ESMF) XII

Introduction of invasive species

Solid and liquid waste pollution

Oil and fuel spillage from machinery and other equipment’s

Overabstraction of ground water resources

Health and safety impacts;

Occupational, health and safety and community health and safety related hazards

Dust emissions

Noise and vibrations impacts

Potential to excabetate community conflicts

Potential terrorist attack on workers

services;

Restriction of access to livelihood and other assets;

Minor land/asset acquisition impacts;

Delays in compensation (if any); and provision of alternative means of livelihood;

Community disputes; transparency and accountability issues etc.;

Clan conflicts

Identification of beneficiaries

Health and social well being

Quality of the living environment

Economic impact and material wellbeing impacts

Cultural impacts

Family and community impacts

Legal political and equity impacts

Impacts to gender.


done, robust stakeholder engagement carried out and GRM for local communities included,


Health and safety related impacts-OHS induction training for workers, conducting tool box talks, displaying appropriate signs around construction sites, providing first aid kits, training first aiders and emergency preparedness and plans , and providing appropriate PPE to workers Preparation of related plans i.e. health and safety plans, waste management plans, emergency response plans, security management plans, labour management plan, stakeholder engagement plan and indigenous peoples plans will be prepared as necessary

Construction of fibre optic cable

Construction related impacts include:

Vegetation clearance

Soil erosion

Dust emissions

Oil and fuel spillage from machinery and other equipment’s

Noise and vibration Occupational, health and safety hazards to workers

Community Health and Safety related hazards to community members


Gender disparities;

Leadership issues;

Presence of VMGs and social inclusion processes; etc.;

Disruption of utility services;

Restriction of access to livelihood and other assets;

Community disputes; transparency and accountability issues etc.;

Clan conflicts

Identification of


Health and safety related impacts-OHS induction training for workers, conducting tool box talks, displaying appropriate signs around construction sites, providing first aid kits, training first aiders and


Environmental and Social Management Framework (ESMF) XIII

beneficiaries

Health and social well being

Quality of the living environment

Economic impact and material wellbeing impacts

Cultural impacts

Family and community impacts

Legal political and equity impacts

Community aspirations

Impacts on gender.


emergency preparedness and plans , and providing appropriate PPE to workers

Preparation of related plans i.e. health and safety plans, waste management plans, emergency response plans, security management plans, labour management plan, stakeholder engagement plan and indigenous peoples plans will be prepared as necessary

For Security and conflict related impacts the project has prepared Security Management Plan/Security Risk Assessment has been done, robust stakeholder engagement carried out and GRM for local communities included,

20. Institutional/Departments Responsible. The monitoring of the ESMF implementation will be the responsibility of KeNHA. The Deputy Director (DD), Environment and Social Safeguards in Kenya National Highways Authority has been designated, with the responsibility to oversee and coordinate various aspects related to environment and social management as envisaged under their respective sub-project component. KeNHA will also assign a Project Implementation Team (PIT) that will include personnel from various directorates and departments among them the Environment and Social Safeguards Department. The PIT team will undertake environmental and social monitoring of identified subprojects in conjunction with the relevant government departments that have been given that responsibility by the Kenyan laws. In addition to the existing human resources at the unit, KeNHA has engaged two (social and environment) consultants on a full-time basis to complement and provide dedicated support to the project. KeNHA will be represented on site by a Supervision Consultant. The Project Supervision Consultant will assist KeNHA to provide a full-time presence on site to manage the contracts. The Project Supervision Consultant will comprise of among others the Resident Engineer who will have a qualified full-time Environmental Expert, Sociologist and inputs from a RAP Expert to guide on matters of land acquisition. The contractors will also have an environmental officer, health and safety advisor and social officer to support in manging potential environmental, social, health and safety risks and impaacts. 21. KeNHA through the PIT and other designated relevant safeguards capacities within the project structure as mentioned above will screen, review and monitor the implementation of the ESMF and all aspect pertaining to identified investment. This will include ensuring environmental and social compliance with the applicable World Bank Safeguards Policies and National legislation, regulations, and agreements. KeNHA environmental and social safeguard staff will provide oversight, screening of subprojects, and preparation of ToRs for ESIAs, facilitation, coordination, review of ESIAs, monitoring, and evaluation of all the subprojects. The environmental and social specialists will submit quarterly monitoring reports of all active subprojects under implementation to the KENHA who will then submit these reports to the World Bank 22. The responsibilities of the Resident Engineer (who is the team leader of the Supervision Consultant) together with team on ESHS issues will include: overall responsibility for the social amenities needs assessment, GRM, Stakeholders engagement plan, labour issues, SEA, development of a monitoring tool/ checklist guided by the physical project layout; review and approve of the CESMP pertaining to proposed investment; daily monitoring the work for compliance with the CESMP and providing safeguards monitoring results in the monthly progress reporting; develop a monitoring programme for the works targeting specific investment project identified, material sites, sensitive environment and social areas; and, ensuring proper implementation of environmental and social impact mitigation measures and resettlement requirements.


Environmental and Social Management Framework (ESMF) XIV

23. KeNHA will regularly report to the World Bank on the status of environmental and social management of sub-projects in the project’s Quarterly Reports.Other government institutions will aslo beinvolved with the implementation of the ESMF and these are: the National Environmental Management Authority (NEMA); relevant Government Ministries; social development department, children’s department, security agencies; Directorate of Occupational Health and Safety, Water Resource Authority and County Governments. The implementation of activities will be under the overall guidance of and coordination by KeNHA.

24. Capacity Building: Capacity building for effective implementation of environmental,social, health and safety aspects in NETIP will be tailored to the needs of KeNHA Staff, Supervising Consultant and Contractor Staff. Training will incorporate global best practices in gender and vulnerability inclusion, safeguard compliance, environmental, health and safety, and grievance redress. Moreover, groups undertaking participatory monitoring will be trained in generating and disaggregating data to better understand the programme’s impact on vulnerable groups including women. The broad areas for capacity building to enhance their respective roles and collaboration is proposed:

ESMP monitoring

Grievance Redress Management

Health and Safety for workers and communities

World Bank safeguards Policies

GBV/SEA

Labour Management Procedures 25. Stakeholder’s Mapping and Analysis. The project stakeholders were mapped based on the project area of area of influence. Stakeholders analysis indicate that the stakeholders who have the highest influence on the project include the following;

National regulatory bodies (NEMA, DOSHS, WRA)

Government agencies

County governments

Administrative and customary authorities such as Village Elders

Vulnerable groups • Women • The Youth • The elderly

Affected communities (Boran, Sakuye, Ajuran, Gari, Dogodia communities)

Civil societies, CBOs, NGOs. 26. Public Consultations. ESMF anticipates the crucial need for the involvement of all the relevant stakeholders at each stage of project planning and implementation. This has been kick-started in the course of the development of this ESMF. KeNHA in conjunction with the County governments will be largely responsible for ensuring participation of the relevant stakeholders/community at sub-project level. Involvement of the stakeholders/community should not be limited to interactions with the community but also disclosing relevant information pertaining to the project tasks and gathering feedback from the local communities. The project proposed to form citizen forums in the project area during implementation, to ensure that there will be close interactions with the local communities. The ESMF and its translation in local languages will be fully disclosed in the country and at the World Bank website before appraisal 27. During both initial ESMF preparation and review, consultations were held with key institutional stakeholders, government agencies, regulatory bodies, NGOs, CBOs, and community leaders in the project counties on the objectives, content, and logic of the ESMF. The initial consultation was conducted by KeNHA between 2nd October 2017 and 25th November 2017. The ESMF review consultations was held between 2nd to 20th February 2019. Summary of these meetings and attendance register is provided in annex 7 and 8. Issues related to the project raised during both of this stakeholder engagement included:

• Land ownership issues, especially in case of acquisition to create room for road construction since most people don’t have documentation that is necessary during the verification process.


Environmental and Social Management Framework (ESMF) XV

• Boundary disputes;There has been a long unending land and boundary dispute between the Somalis and Boranas in Modogashe, Eldera, and Kampi Samaki which could spiral out of control if not well handled. There is a need to make proper reference to the Modogashe Declaration of 2001 when operating within the said centers and surrounding areas.

• The contractor should give priority to the locals with regard to employment. • Concern that the project will need to extensive clearing of vegetation especially

economically important species such as Gum Arabica and other tall trees that the communities use as marker points or for giving direction.

• It was proposed that the project should consider the improvement of the road leading to Garbatulla town.

• The need to fully address environmental concerns, especially on dust and borrow pits/quarries since most contractors tend to leave borrow pits without rehabilitating leading to accidents involving people and livestock.

• Protection of wildlife corridors and dispersal areas that are along the road’s route. • Access to project information.The Ministry of Environment requested access to both the

implementation and projects progress report for its local and national level offices. • Restoration of material sites and cleared vegetation through planting of trees and grass

along the road after completion to prevent soil erosion and filling up of excavated areas

• Provide employment opportunities for the local communities and engage the elders and relevant stakeholders in decision making.

• Concern on possible dsplacement and land grabbing especially by non-locals. • Concern of over-abstraction of groundwater water and contamination. • Ensure existing community boreholes along the road are not interfered with.

28. Grievance Redress Mechanism. The study established that the VMGs in the project area

resolve their conflicts through a Grievance Resolution Mechanism (GRM) outside the legal system called maslaha and the Kadhi courts run by Muslim magistrate. The maslaha system works closely with the local chief’s office from which it derives its legitimacy. In most cases, a settlement is through compensation while the Kadhi courts have the power of adjudicating civil disputes according to Islamic law, otherwise referred to as Shariah law. The kadhi court’s jurisdiction is limited to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all parties are Muslims. Although the ordinary courts were available to VMGs, they were not very popular. Most VMGs expressed little confidence in the government judicial system, they perceived them as highly compromised and an expensive process, others claimed that the court process was extremely lengthy and time-consuming. The SA proposed the following a five-tier GRM which has been adopted for the ESMF.

• First Level: Maslaha The Maslaha is a body comprising of village elders that plays a significant role among the local communities and is respected. They have the mandate to resolve conflicts including land-related conflicts; natural resources related conflict, e.g. pasture; interclan conflicts; among others. Grievances not resolved by the Maslaha will be taken to the second level.

• Second Level: Village Grievance Redress Committees - Grievances that are not resolved by the Maslaha and those where the parties are either non-muslim or have shown a preference for an alternative mechanism may be taken to the second level.

• Third Level: Sub County Grievance Redress and Resettlement Committee -There will be a mediation committee at the Sub County level to handle grievances that cannot be resolved by the village level committees.

• Fourth Level: County Grievance Redress and Resettlement Committee -There will be a mediation committee at the County level to handle grievances that cannot be resolved by the sub-county level committee.

• Fifth Level: Formal systems of dispute resolution - this entails using the courts of Kenya to litigate the dispute.


Environmental and Social Management Framework (ESMF) 1

INTRODUCTION

1.1 Background

1. This Environmental and Social Management Framework (ESMF) was prepared by the Kenya National Highways Authority (KeNHA) to address the environmental and social impacts arising from some activities to be implemented under component 1 of NETIP that KeNHA will implement. These activities include designing and construction of ancillaty and associated projects that include social amenities, slaughterhouses, markets, veterinary posts, livestock holding areas in selected locations; and component 3 on laying of the optic cable.The ESMF sets out the principles, rules, guidelines, and procedures to assess the environmental and social impacts of subprojects prepared during project implementation. It includes guidelines to prepare measures and plans to avoid, reduce, mitigate and/or offset adverse impacts and enhance positive impacts of subprojects, provisions for estimating and budgeting the costs of such measures, and information on the agencies responsible for addressing project impacts.

1.2 Objective of The ESMF

2. The objective of the ESMF is to provide a framework for effective management of environmental and social issues in the proposed NETIP project. It seeks to both enhance environmental and social development benefits of the project and mitigate any potential adverse impacts, in line with Government of Kenya and World Bank safeguards policies and including the World Bank Group Environment, Health and Safety (EHS) Guidelines. Moreover, since the precise locations and potential impacts of future subprojects are not known, the ESMF provides the basis for the preparation of necessary environmental and social tools, as needed for the subprojects investments supported through the Project.

1.3 ESMF Approach And Methodology

3. The general tasks undertaken in preparing this ESMF included interviews and desk and field work. The approach needed to develop the ESMF included:

• A description of the Project, its components and implementation arrangements, with a focus on the environmental and social sensitivities of the project, and on how the project will be designed, approved and implemented.

• An understanding of the legislative, regulatory and administrative regime that the project will operate within, with a focus on requirements that will apply to the planning, approval and implementation of the project.

• An understanding of the institutional needs for implementing the ESMF. This included a review of the implementing agencies capacity to manage and monitor ESMF implementation, including ESIA preparation, review and approval. The analysis also covered inter-sectoral arrangements, management procedures and training, staffing, operation and maintenance training, budgeting, and financial support.

A list of stakeholders who were consulted is provided in Annex 7, and findings of these consultations are summarized in Annex 8.

1.4 Structure Of The Document

4. The ESMF is divided into the main body with supporting information assembled into several annexes and operational tools and guidelines. The main body of the ESMF: (a) establishes clear procedures and methodologies for the environmental and social assessment, review, approval and implementation of investments to be financed under NETIP; (b) specifies appropriate roles and responsibilities, and outline the necessary reporting procedures, for managing and monitoring environmental and social concerns related to Project investments; (c) determines the training, capacity building and technical assistance needed to successfully implement the provisions of the ESMF; and (d) proposes a budget to implement recommendations outlined in the document. The annexes contain relevant material referenced throughout the document while the operational tools



and guidelines provide the resources needed for implementing the NETIP Subproject Environmental and Social Review, Appraisal, Monitoring and Reporting Process.



NETIP DESCRIPTION

5. NETIP is aimed at improving the movement of goods and people along the Isiolo-Wajir-Mandera part of the Mombasa-Garissa- Wajir- Mandera- Mogadishu road corridor and to enhance connectivity between North Eastern and the rest of Kenya. NETIP is aimed at enhancing connectivity between Kenya and Somalia as well as Ethiopia. This would be achieved through increasing transport efficiency, facilitation trade and development along the Isiolo-Wajir-Mandera part of the Mombasa-Garissa-Wajir-Mandera-Mogadishu road corridor, as well as connecting the area with information and communication technologies. 6. The Isiolo-Wajir-Mandera corridor is among the very few Class A roads that remain unpaved. It traverses a region with rudimentary road infrastructure, isolated and with high incidence of poverty. Upgrading of the road corridor is one of the top priority of the GoK, and consistent with the transport policy of bituminizing of all Class A roads in the country. Improving of the road will no doubt stimulate the development, integrate, and contribute to improving security and bringing about sharing the prosperity of the country with this region. The proposed project will improve the movement of goods and people and enhance connectivity between Kenya and Somalia and Ethiopia. Figure 1 below shows the location (red line) of the proposed NETIP corridor. World Bank is financing the designs for all sections while construction financing will be done by the World Bank, Gok and Arab Bank.

Figure 1: Map showing the location (red line) of the proposed corridor

Table 2 below shows the potential construction Financing Plan for Upgrading the Isiolo-Wajir-Mandera

Road Corridor

Table 2: NETIP Financing Plan

S.No Road Section Length of the road section (km) Financier

1 Isiolo -Kulamawe 77 World Bank



2 Kulamawe -Modogashe 113 World Bank

3 Modogashe -Samatar 90 Arab Banks

4 Samatar-Wajir 67 GoK Annuity

5 Wajir -Kutulo 119 World Bank

6 Kutulo-Dabasit 28 World Bank

7 Dabasit -Elwak 28 World Bank

8 Elwak-Sukelatifa 71 GoK Annuity

9 Sukelatifa-Rhamu 71 GoK Annuity

2.1 Development Objective

7. The proposed project development objectives are to improve the movement of goods and people along Isiolo-Wajir-Mandera part of the Mombasa-Garissa- Wajir- Mandera- Mogadishu road corridor and to enhance connectivity between Kenya and Somalia and Ethiopia.

2.2 Components of Netip

8. The proposed project will comprise the following preliminary components and activities and costs. Component 1: Upgrading Selected Critical Road Infrastructure and associated roadside amenities (US$455.50 million). This component includes:

• Support to KeNHA to carry out design review and feasibility and detailed design studies and construction for upgrading 344km of the Isiolo-Wajir-Mandera comprising the following road sections: (i) Isiolo-Kula Mawe (77km) (ii) Modogashe-Habaswein (51km); (iii) Habaswein-Samatar (41km); and (iv) Wajir-Elwak (175km);

• Provisions for road side social amenities and Human Immunodeficiency Virus Infection/Acquired Immune Deficiency Syndrome (HIV/AIDS) prevention measures to help raise awareness and provide mitigation interventions to support efforts to protect the local community, drivers and contractors’ personnel;

• Carry out a program of activities designed to implement transport, trade and development facilitation measures, for instance, a program to cover activities such as carrying out a study to enhance social infrastructure and social services delivery along the corridor;

• Designing and establishing facilities and marketing system for pilot pastoralist road side markets;

• Provision of market shades, milk cooler, slaughter houses, veterinary posts, livestock holding area in selected locations;

• Designing and implementing activities to support key Project stakeholders such as county governments, communities, and households on management and operational modalities of these facilities;

• Strengthening the capacity of KeNHA in enhancing the road design manuals and specifications as well as contract management, value engineering, road maintenance, safeguards and procurement management and training; and

• Preparation of future projects.

9. Component 2: Institutional Development and Project Monitoring and Management (US$12.50 million)

• Support to the State Department of Infrastructure on enhancing project management and oversight capacity, maintenance management and engineering capabilities in the transport sector;

• Support to Materials department in mapping road construction material sites;

• Supporting the State Departments of Infrastructure and Transport in the monitoring and evaluation of the projects;

• Support to strengthen the National Transport and Safety Authority to: (i) conduct needs assessment, vehicle safety inspection and safety audits; (ii) strengthening enforcement capability of the Authority and post-impact care; and (iii) assessing road safety on the Isiolo-Mandera Corridor;



• Strengthening the capacity of the National Construction Authority in overseeing and developing the local construction industry; and

• Training and coordination of Project implementation activities, including audits, and the monitoring and evaluation of progress achieved in the execution of the Project

10. Component 3: Enhancing Internet Connectivity (US$34.00 million). Support to Information and Communication Technology Authority (ICTA) for:

• Carrying out feasibility and detailed design and the construction of a fiber optic cable network, alongside the part of the Isiolo-Mandera Corridor;

• Construction of fiber spurs and rings and provision made for connecting selected schools, hospitals and other strategic locations including pastoralist road side markets, rest stops and community and service centers along the corridor;

• Connecting community information centers with fiber optic connection and advisory services in the management of these facilities and services; and Institutional strengthening of ICTA and training



ENVIRONMENTAL BASELINE

11. This chapter provides an overview of the biophysical and social baseline in the proposed areas of intervention areas of Isiolo, Garissa, Wajir and Mandera Counties. This section describes the overall baseline condition of the project area located in Isiolo, Garissa, Wajir and Mandera counties in terms of the biophysical environment.

3.1 Climate

• The temperature-the project area has a very warm/hot climate due to the low elevation and distance away from the cooler/coastal areas. Given the arid nature of the area, temperatures are generally high throughout the year and range from 20ºC to 38ºC. The average temperature is however 36ºC. The hottest months are September and January to March, while the months of April to August are relatively cooler.

• Humidity-The relative humidity averages 60% in the morning and 55% in the afternoon. An average of 9.5 hours of sunshine is received per day. The average monthly relative humidity ranges from 56% in February to 68% in June

• Rainfall-The region has a bimodal type of rainfall, the long rains (March – April) and the short rains (October – December). The average annual rainfall is 320mm. The erratic and unreliable rainfall cannot support crop farming which partly explains the high food insecurity and food poverty levels.

• Winds-Strong winds are also experienced between April and August with the rest of the months getting calm winds. The strong winds provide a huge potential for wind-generated energy

3.1.1 Climate change

12. Rainfall data from the meteorological station in the project area provides some insights into the rainfall patterns in the project area. According to the Kenya Meteorological Department, the normal range of variability is +/- 25% from the normal, determined based on data from the 1961-1990 period. Between 1990 and 2010, the March-May rains were more than 50% lower than normal in ten of the years, compared to only four years in the 1970-1989 period. This supports the communities’ assertion that the climate is becoming dryer. Heavy rainfall (more than 50% more than normal) was experienced every 3-5 years over the period from 1990-2010, showing a trend of high rainfall variability and frequent extremes 1

3.2 Topography

13. The project area is located in a flat area which is basically a flood plain. The area experiences periodic flash floods during the rainy seasons. The lowest area is 205m and 263m for the highest elevation point. No mountains or valleys were observed within the project environment. The major physical features are seasonal Laghas and the Tana River Basin on the western side.

1 http://www.careclimatechange.org/files/CVCA_Kenya_Report__Final.pdf



3.3 Water resources

14. Groundwater resources in the project area include pans, shallow wells and boreholes. Groundwater occurs in shallow aquifers as well as in deep aquifers in the area. Shallow aquifers can be found in the alluvium beneath and along (ephemeral) river beds, where they occur as shallow groundwater bodies. Boreholes that tap into the deeper aquifers have variable yields and water quality (salinity). A large fresh water body is present in what is regarded in most studies as the Merti aquifer, which is one of the largest known aquifers in the region. The Ewaso Ng’iro watershed forms the border between Garissa and Wajir counties. Dams and pans represent the vast majority of water sources (67%) and account for 77% of all operational sources. Boreholes are also an important resource in this region, representing nearly 25% of all water sources.

Figure 2: Merti Acquifer

Source: Transboundary Aquifer Information Sheet 15. There is a water supply scheme in all the county headquarters, though they supply water to a very limited proportion of households. In Isiolo County, the responsible authorities are Garbatulla Water Supply and Merti Water Supply. In Garissa County, the responsible authority is Garissa Water and Sewerage Company (GAWASCO), with nine other water supply schemes along river Tana managed by the Users Associations that supply water urban centres.



Table 3: Common Water Sources in the project area

No Water Source Garissa Isiolo Wajir Mandera

1 Shallow wells 25 17 1100 16

2 Boreholes 65 58 178 69

3 Water pans 177 47 230 61

Source: KNBS County Abstract, 2014. 16. Wajir Town residents depend on shallow wells as their sources of water. Almost every household/plot in the town has a well. It is estimated that there are between 4,000 and 5,000 wells whose discharges vary and their depths are about 6m. An inventory of the wells has never been carried out. The army camp has 4 wells and currently, there is only one well operating, which has a depth of 2.1m. The well is equipped with a submersible electrical pump of capacity 1.1kW (1.5HP) Linz type centrifugal pump. The pump generates about 5.65 m3/hr, against a head of about 22m. Arid land Resource Management Project Water Supply has a well of depth (W.R.L.) 5.2 m and width 0.75 m. The well is equipped with a submersible electrical pump of capacity 4.5 HP. H.Z. Dam (‘’Lake Yahudi’’) near Wajir town resulted from the excavation for crusher run aggregates when Wajir Airstrip was being constructed. It probably resulted from puncturing of the shallow aquifer underlying Wajir Town. The dam withstands long periods of droughts and waters livestock from as far as Somalia. Its surface area is approximately 500 m2 but its depth could not be established. In general, ‘’HZ dam/Lake Yahudi”, the only permanent surface water resource near Wajir town, and the groundwater sources within 100 m depth were identified as able to meet the construction demand requirements for the road in this section. Additional boreholes to the existing ones can be drilled at Tarbaj (Km 51), Wargadud (Km 81) and Kotulo Mandera (Km 117). These areas had already been surveyed in 2010 and the locations are marked on the ground. 17. In Mandera Rhamu town has one borehole capable of pumping water up to 12 m3/hr to an elevated steel tank of capacity 90 m3 located near Rhamu Police Station. The Daua River runs approximately 150 km along the borders of the three countries, Kenya, Ethiopia, and Somali. There are various motorable tracks ranging from 1 to 10 km from the existing road (B9) to the river. Water flows in the river for about eight (8) consecutive months of the year and runs to nearly dry for four (4) consecutive months of the year. Currently, there are 15 No. boreholes along the river with only 6 No. boreholes operational. Sampling studies undertaken in 2010 on Daua River found the water moderately hard and neutral (that is moderately mineralized) therefore suitable for concrete works. However, the iron level exceeded the WHO maximum guideline value of 0.3 ppm for drinking water. Tests subjected to the surface and underground sources have found water treatment necessary to make it suitable for human consumption. 18. According to the 2010 studies, surface water in the general area (sampled from river Daua at km 308) were found to be moderately hard and neutral that is moderately mineralized, therefore suitable for concrete works. However, the iron level exceeded the WHO maximum guideline value of 0.3 ppm for drinking water. The chloride content of water from a UNICEF borehole was substantially higher than the maximum recommended value. It will be therefore necessary to subject water from surface and underground sources to the necessary treatment to make it suitable for human consumption.

3.4 Biophysical baseline

3.4.1 Biodiversity

19. The project area falls within the The greater Ewaso ecosystem covers much of the central part of northern Kenya and falls within the administrative entities of seven counties, namely Laikipia, Samburu, Isiolo, Meru, Marsabit, Wajir, and Garissa. The landscape occupies a vast area, extending from the slopes of Mt. Kenya and the Aberdare Range in the south-west to the arid lowlands east of the Lake Turkana shoreline and Mt. Marsabit in the north. These are largely arid and semiarid lands (ASALs) made up of communal pastures. This ecosystem is home to the greatest diversity and density of wild ungulates in East Africa outside the Serengeti-Mara ecosystem (Georgiadis et al.,



2007; Ojwang’ and Wargute, 2009, 2012; Ojwang et al., 2012; Wargute et al., 2012). These areas harbour more than 20 species of indigenous large mammals, including more than 8,000 elephants; the largest remaining populations of Grevy’s zebra and Jackson’s hartebeest, and the largest national populations of rhinoceros and reticulated giraffe found outside protected areas (Georgiadis et al., 2007; Ojwang’ and Wargute, 2009). 20. Wildlife in the project area is dominated by Topi (Damaliscus lunatus jimela) and the reticulated giraffe. The wildlife densities are highest for dik dik (Madoqua sp.) and Grant’s gazelle (Gazela granti). The rest of the herbivore community comprises potential prey species for the wild dogs such as gerenuk, warthog (Phacochoerus aethiopicus), bush pig (Potamochoerus larvatus), lesser kudu, common duiker (Sylvicapra grimmia) and possibly species such as buffalo (Syncerus caffer), Burchell’s zebra, hirola, eland (Taurotragus oryx) and oryx (Oryx beisa). Common carnivores include cheetah (Acinonyx jubantus), black-backed jackal (Canis mesomelas), caracal (Felis caracal) and spotted hyena (Crocuta crocuta). Others include Ostrich, Monkeys and numerous bird species. The wildlife moves freely across the project area. Most of the wildlife in the project area are residential. The project area does not have a clearly defined migration corridor. Grevy Zebra (Equus grevyi) is the largest wild equid in Kenya and is the most endangered of three zebra species (the other two are the plains zebra, Equus burchelli, and the mountain zebra, Equus zebra). A large population that once roamed the Marsabit, Garissa, and Wajir Counties has been reduced to infrequent sightings of about 15 animals near Garissa. 21. Elephants disperse from the Shaba NR to the Meru Ecosystem through Garba Tulla. Some of the main routes are critical to the survival of the species. The dispersal area in Wayam Dilu Arba, which means “place for the elephant placenta” in the Borana language, is a small forest where elephants give birth. Elephants and other wildlife species use several water points in the region, including the Mado Yaka springs, Kilewe, Ardimtu, Dambala Daka, Harbuyo, Harbaloni, Duse, the Bwana Cook and Moliti dams, and the Burabate wells.



Figure 3: Elephant movement routes in the Samburu-Isiolo-Meru-western Garissa landscapes

22. The local population in the project area co-exist peacefully with the wildlife. However, there are rare reported cases of human-wildlife conflicts. Whereas the wildlife is distributed along the road corridor, the majority are found in Habaswein area where Ewaso Ngiro River and the Lorian Swamp provide better resources due to better water recharge. The grevy zebra (Equus Greyvi) which is the most threatened of the three zebra species is unique to Garissa area. It is in competition for resources with other grazers and livestock lowering their survival rate. 23. The project area is also rich in avifauna visible from the heavily nested acacia trees bordering the alignment. The road section crossing the North Ewaso Ngiro and Lorian Swamp towards Habaswein from Modogashe is heavily inhabited by avifauna. Other sections along the road with moderate habitation of birds towards Samatar. 24. There are no identified protected areas within the project area hence conservation and management of the wildlife have been a challenge. The lack of protected wildlife conservancies has resulted in increased cases of human-wildlife conflicts exhibited through snake bites, attacks of livestock by hyenas and lions. 25. Laggas are habitats of environmental significance in the project area. They harbour riverine vegetation comprising diverse plant species and also serve as habitats for various fauna species. Moreover, the local community uses trees that grow on the edge of laggas as shade, feed for livestock (tree pods) and human food (ground seed). The trees that grow along the lagga assist in holding the soil on the edge of the lagga thereby controlling the expansion of the lagga and



associated soil erosion. Thus, disturbance to a lagga may lead to environmental degradation, loss of biodiversity and loss of cultural heritage. It may also lead to change in river flow, which may cause damage to an existing road.

3.5 Vegetation Resources

26. The project area does not have gazetted forests. However, community forests and conservation areas dominate. Community ForestThe concern refers to an area within communal land(s) that is managed in a sustainable way by local communities in order to protect forests and tree resources and to improve their livelihoods. Generally, the project environment has scanty vegetation, which is characterized by drought-resistant shrubs and grasslands. However, due to the prevailing arid condition, the most dominant tree species are Acacia spp. which were common along the road and are important for shade both to humans, livestock and wildlife and should, therefore, be jealously protected. Other species include Balanites spp. and Commiphora spp, Panicum spp, Cordia sinensis, Cordia ovalis (shrubs which bear fruits and large leaves which animals browse on during rainy season and in dry season goats feed on fallen leaves), Azadiracta indica (neem) and Eragrostis spp. The concentration of vegetation appears around the dry river beds. 27. Certain areas of the project around Leheley and towards Wajir have high canopy trees which also act as habitat for avifauna within the project area. There is evidence of desertification in some areas which have experienced high grazing pressure. The main uses of the vegetation besides grazing is production of gum and resin, charcoal, firewood, building posts, barks, honey, wood carvings and wild fruits. Firewood is harvested for individual household use and for sale to households living around settlements and food kiosks. According to Wajir Ecosystem Conservator, endangered trees in the area include: Acacia spp for burning of charcoal; Delonix elata used as paint and binding properties seen in cement; Cormiphora holsiana and C. myrrh; Cordia sinensis and C. ovalis.



Figure 4: Land use land cover map of NETIP project counties



SOCIO ECONOMIC BASELINE

28. This section describes the overall socio-economic baseline condition of the project area located in Isiolo, Garissa, Wajir and Mandera counties in terms of socio-economic background. Table 5 below shows the projects counties demographics and statistics

Table 4 : Project Counties Demographics and Statistics

1 Projections for 2017 taken from Isiolo County (2013) County Integrated Development Plan. 2 Wajir County (2013) “County Integrated Development Plan” 3 Wajir County (2013) 4 https://softkenya.com/kenya/masalani-county-assembly-ward/ Accessed 22 March, 2018 5 Unless otherwise indicated, the data in this section has been taken from KNBS (2009) and KNBS/SID (2013) 6 See https://data.humdata.org/dataset/dbd29b92-99aa-452b-bde1-704058328ae2/resource/b46703cc-196f-4e40-860f-

e1dd1709d81c/download/kenya-human-development-index-hdi-per-county.xlsx

7 Improved water sources include piped water, rain harvested water, borehole water and water from protected wells.

Unimproved water sources include water from rivers or streams, dams, ponds, lakes, unprotected wells, unprotected springs,

jabia, water vendors and other sources. 8 Improved sanitation refers to connection to main sewer, septic tank, cesspit, Ventilated-Improved Pit (VIP) latrine, and

covered pit latrine. Unimproved methods include uncovered pit latrine, bucket latrine, bush and other sources.

Mandera Isiolo Wajir Garissa

Population (2017 estimate) 372,921 191,6271 852,9632 849,457

Population density (persons per sq.km)

54 66.4 153 19

Population in largest towns Mandera 78,713 Elwak 33,247 Rhamu 32,795 Takaba 29,298

Isiolo town 59,047 Garbatulla town 5,047 Kinna town 6,469 Merti town 8,735

Wajir Town 106,694 Habaswein 10,953

Garissa Township 159,566 Masalani Township 31,8754 Dadaab 82,394 Modogashe 29,714 Balambala 9,598

Gender ratio (M:F) 1:0.83 1.1:1 1:0.82 1:0.68

% under 15 years 54 44 52 48

Development Indicators5

Human Development Index6 0.42 0.333 0.42 0.47

% living below poverty line 86 65 84 59

% households with more than 7 members

79 20 68 50

% population with no education 70 51 76 74

% access to improved water sources7

38 59 46 51

% access to improved sanitation8

16 40 7 22

% access to electricity for 3 19 3 15

https://softkenya.com/kenya/masalani-county-assembly-ward/



4.1 Socio Economic Baseline County

4.1.1 Wajir County

29. According to the projected Kenya Population and Housing Census (KPHC) of 2012, Wajir County human population10 was 727,965 persons of whom 327,916 (45%) were male, 400,049 (55%) female, and the youth population (aged 15 to 30 years) was about 185,959 (26%). The projected total population growth in 2017 is 852,963 persons. The county has a population growth rate of 3.22%, which is higher than the national rate of 2.9% attributable to high levels of illiteracy, and strong religious and cultural beliefs that support polygamy and oppose family planning. The life expectancy is 61.3 and 62.3 years for men and women respectively. The population density is relatively low, at 12 persons per km2 compared to other counties in high rainfall areas.

30. The county’s rural population was 700,100 (96.2%) and urban population was 27,865 (3.8%). Currently, only 13.8% of total population lives within the main urban or peri-urban centers of Wajir and Habaswein. The rest of the population lives in other minor urban settlements and rural areas11. The households in the county depend on five main sources of livelihoods. They are classified into five livelihood zones namely Agro-pastoral, Pastoral all species, Pastoral Cattle, Pastoral Camel, and Informal Employment Business. The county is characterized by a very high level of absolute poverty which stands at 84% especially since majority of the people are still heavily dependent on relief food from the government and other organizations12.According to a report by Agricultural Sector Development Support Programme (ASDSP), there is a higher population with primary school education (24.5%) than that with secondary school education (3 %). Only 23.6 % can read and write; 70.2% had not attended any schooling; 24.5% had acquired primary school education; 3% had

1 GOK MOEST (2014) 2 These statistics may not reflect current developments since devolution. 3 KNBS (2014) 4 GOK MOH (2014) http://www.healthpolicyproject.com/pubs/291/Marsabit%20County-FINAL.pdf 5 KNBS/Isiolo County (2015) County Statistical Abstract, Isiolo, Nairobi, Government Printers. 6 See http://www.crakenya.org/county/marsabit/ accessed 21 March, 2018 7 See http://www.crakenya.org/county/isiolo/ accessed November 15, 2017 8 National AIDS Control Council (2016) 9 National AIDS Control Council (2016) 10 The county population consists mainly of Somali people who identify themselves by clans (major clans are Hawiya and Dawod). 11 Wajir County Integrated Development Plan 12 Wajir County Government and World Food Programme. 2015. Wajir County Capacity Gaps and Needs Assessment. Nairobi. World Food

Programme

lighting

Education Data1

Primary net enrolment rate 25.3% 84.7% 27.2% 57.5%

Secondary net enrolment rate 7.3% 23.6% 9.3% 12.3%

Ratio male: female enrolment in primary school

1:0.58 1:0.97 1:0.67 1:0.64

Ratio male: female enrolment in secondary school

1:0.43 1: 0.68 1:0.45 1:0.44

Health Data2

Fertility rate3 5.2 4.9 7.8 6.1

Doctor: patient ratio4 3:100,000 12:100,0005 3:100,000 5:100,000

Infant mortality rate (per 1000 births) 6

72 437 98 -

HIV prevalence8 0.8% 3.8% 2.2% 1.4%

HIV incidence (2015) 9 118 66.4 46 163

http://www.crakenya.org/county/marsabit/

http://www.crakenya.org/county/isiolo/



attained secondary school level. The low level of literacy in the county makes it difficult for the pastoralists to access crucial agricultural information and other technologies regarding land use1. Over 94.9% of the households rely on firewood and charcoal as their main source of energy. Out of the 88,574 households in the county, only 0.2% use electricity for cooking, 0.2% use petroleum products, while 0.1% uses solar energy. For the purposes of lighting, majority use kerosene 48.4% while 3.4% use electricity, 11% use gas lamp, and 0.2% use solar energy. The rest of the population use other means2. Provision of clean sources of alternative energy is critical in slowing down felling of trees, extensive degradation and health complications associated with pollutants from fossil fuel. The county records more than nine hours of sunshine per day and hence has a huge potential for harvesting and utilisation of solar energy. Access to water is also a big challenge; only 5.1% of the residents have access to potable water and 1.4 % have access to piped water. The average distance to a water source (surface water such as rivers and underground sources such as boreholes, shallow wells and earth pans) is 30 km. Most communities depend on water pans, water trucking and shallow wells for both domestic and livestock water supply. Each year, in water-stressed areas of Wajir County, vulnerable households have to survive on as little as eight litres of water per person, per day. Unfortunately, due to prolonged droughts and higher evaporation rates lack of water may continue in the future3.

31. In terms of access to certain financial services such as agricultural credit, agricultural insurance, and the warehouse receipting system. Just a paltry 0.7% (all from youth-headed households) accessed formal saving services. Majority of the households did not have enough food for their family needs throughout the year due to climate variability. Overall, the proportion of households that did not have enough food to meet their household needs was 82.1%. Among the male headed households, about 84.8 % did not have enough food to meet the household needs, while 15.2% indicated that they had enough food throughout the year. Not all female-headed households had enough food due to low access to productive inputs and land while 88.1% of youth-headed households did not have enough food. Food poverty significantly affects health and nutrition of children with the prevalence of wasted children being 21.1% while that of stunting children stands at 26.4%4. Children under five are at a higher risk of malnutrition as the food situation worsens in the county.

32. Prevalent diseases in Wajir are malaria, upper respiratory infections, intestinal worms, skin and eye infections and rheumatism. According to the data collected from hospitals, the top ten infections across all the locations are respiratory tract infections, urinary tract infections, diarrhoea, ear infections, malnutrition, injuries, eye infections, arthritis, malaria and snakebites. From the data collected at household level, Malaria infection is leading at 34 % followed by common cold at 25%. Diarrhoea follows at 12 % while eye infections and URT infections are at 7% each.

33. The root cause of malaria is that the landscape (low altitude and relatively flat ground that encourage water ponding) and high temperature have made mosquito breeding to thrive. During the hot seasons some of the local residents sleep outside to avoid the heat in the houses. Unless they use mosquito nets, they are exposed to mosquito attacks that spread malaria.

34. Eye infections as well as Respiratory Tract Infections affect especially those who interact with livestock due transmission of infected livestock, and dusty conditions especially when its windy. Diarrhoea comes about as a result of drinking contaminated water. Urinary tract Infections is one of the leading ailments as reported from the health centres.

1 Government of Kenya 2014. Agricultural Sector Development Support Programme. Ministry of Agriculture, Livestock, and Fisheries.

Government of Kenya, Nairobi 2 Wajir County Integrated Development Plan 3 National Drought Management Authority (NDMA) Wajir County, 2017. Drought Early warning system for July 2016 4 Government of Kenya 2014. Agricultural Sector Development Support Programme. Ministry of Agriculture, Livestock, and Fisheries.

Government of Kenya, Nairobi



35. Settlements along the road at Lafaley, Hungai, Wargadud, Kotulo and Borehole 11 have public dispensaries that offer outpatient services, while Kutulo has a dispensary with a small section for inpatient. Tarbaj and Elwak has a health centre with level IV capacity. Wajir town has a Level V hospital and is more equipped.

36. Customary institutions like the Heer guide and adjudicate social matters while Islamic Sharia is exercised within Khadi Courts. The heer regulates day to day social interactions, civil affairs and provides means of dispute settlement between different clans and within a given clan. The elders also oversee the community dispute resolution mechanism called Maslah, which is based on compensation as opposed to being punitive. In the rural areas, reparations are camels paid to the victim’s family while in the urban areas it is monetary. Issues are decided at sittings under the tree (Geed kaa), with the leadership of clan elders, and local religious leaders like the Imam and the Quranic teacher (usually of the Duksi school). In reality, the heer is closely interlinked and guided by Islamic Sharia law which is accepted as the over-arching ideal, although day-to-day practice may differ. Importantly, outcaste peoples and women cannot directly participate in this process. Natural resource utilization is governed through a series of sometimes overlapping committees, like the water committees, borehole committees, farming committees and cooperatives. There are also Duksi or school committees and peace committees, as well as many informal clan committees. Pastoralist elders spend a lot of time in meetings, usually sitting under trees or in bush coffee/tea shops. Membership of committees are decided in fairly open manner, favouring the competent and wealthier families, but also with the influence of the Chief, the Member of County Assembly and for the more important resources, the Member of Parliament. Khadi’s courts’ jurisdiction is the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance; they are presided over by Imams.

37. In terms of security, Wajir Country proximity to Somalia, conflicts over boundaries with Mandera, water and grazing access, inter-clan political tension and frequent Al Shabaab attacks makes social risk for development projects in the county high.

38. Women’s empowerment in Wajir County is low, with high maternal mortality and female illiteracy.

4.1.2 Isiolo County

39. The latest population census conducted in 2009 estimated a total number of 143,294 people living in Isiolo County, as well as an average population growth rate of 1.47% by 20181. The population consists largely of Cushite communities i.e. the Oromo, Boran, and Sakuye; the Turkana; the Samburu; the Meru; the Somali and other populations migrating from other parts of the country. Most of the communities (approximately 59%) reside in the rural areas. The urban population is expected to increase in number once the Lamu Port South Sudan Ethiopia Transport (LAPSSET) Corridor2 is finalized.

40. The main livelihood activities in the County are livestock keeping (mainly through nomadic pastoralism), subsistence crop farming, and to some extent mining (particularly sand harvesting), trading in urban and peri-urban centres, and charcoal burning in Wambera, Burat and Kinna wards. Mainly pastoralists (especially by the Boran and Sakuye, Turkana, Samburu, and Somali populations) for milk, meat, eggs, hides, and skins keep goats, camels, cattle, and poultry. Milk is produced by local cross-breeds and exotic cattle, local goats, exotic/dairy goats and camels. Agro-pastoral populations mainly practice crop farming (maize, bean, tomato, green gram, cowpea, onion, and kale)

1 The growth is mainly attributed to a decline in mortality rates and the development of Isiolo town into resort city. 2 The corridor is expected to link Kenya, Ethiopia, Uganda, and South Sudan, and involves the construction of railways, highways, international

airports, resort cities, crude oilpipeline, and oil refineries, among others



across the County, where rainfall can support crop growth and under irrigation along various rivers (GoK, 2013).

41. Production of crops is more common among female headed households (20% of all female-headed households), compared to youth-headed households (18%) and male-headed ones (6%). All genders are involved in commercial crop production (marketing). The youth also tend to be more engaged in improved pasture/forage production (13% of all youth), compared to men (2%) (GoK, 2014). Female-headed households are the groups most affected by food shortages and malnutrition, due to low access to productive inputs and land, lack of adequate access to clean drinking water, and increased workload, which affects maternal and child health. The prevalence of child wasting is estimated at 3%, while child stunting rates reach 19% (GoK, 2013). The County is characterized by a very high poverty rate (72.6%)7 and over-reliance on relief food (GoK, 2014). Unemployment, low literacy levels1 , and exposure of the population to climate hazards explain high poverty incidence. Food insecurity in the County is largely driven by low agricultural productivity, prolonged drought and high temperatures, low and erratic rainfall, periodic outbreaks of livestock pests and diseases, poverty, and conflicts. The County’s main source of energy is wood fuel, with over 85% of the households relying on firewood/charcoal as their main source of energy (GoK, 2013). Of the 31,326 households in Isiolo County, only eight percent (approximately 2,500) have access to grid electricity. For lighting purposes, approximately 42% of households use petroleum products, nine percent use wood fuel and 14% use solar (KNBS, 2009; GoK, 2013). As the County receives more than nine hours of sunshine per day, it has a huge potential for harvesting and utilization of solar energy. Potable and piped water is accessible to only 35% and six percent of the residents, respectively. The distance to the closest water source is, on average, five km. Most communities depend on water pans and boreholes for domestic and livestock water supply since most rivers are dry. Each year, households in water-stressed areas in Oldonyiro, Merti, Sericho, Cherab and Garbatulla rely on as little as eight litres of water per person per day. Water availability and access is expected to aggravate in future, as many of the water resources are increasingly drying up due to high evaporation rates (NDMA, 2017).

42. In Isiolo County Over 70% of the county’s inhabitants live in the rural areas where health facilities are inadequate, inaccessible, and unaffordable. Health services in the County are provided through over 40 institutions comprising of 2No. Level 4 health facilities, 5No. Level 2 health facilities and 34 No. Level 1 health facilities. These facilities lack adequate personnel. The doctor/patient ratio for the County is 1:20,000 despite its vastness; the County is poorly covered by existing health facilities. Most of the health facilities are concentrated within the County headquarters and major settlement centres.

43. The health sector in the project area alignment is poorly developed and characterized by absence of health facilities such as dispensaries including chemists at the key market centres. There is a general lack of public and private investment in the health sector at the project area. Residents are forced to travel long distances to seek medical services. For instance, the inhabitants of Gambella market centre seek medical services from Isiolo town, those from Ndumuru and Kachuru markets must travel to Maua or Laare towns, those from Bullo, Kulamawe and Boji go to Garbatulla or Modogashe to get medical services.

44. Along the project corridor, dispensaries offer medical assistance to locals. These facilities are not equipped and are lacking adequate personnel. The five most prevalent diseases in the county are: malaria, diarrhoea, stomach upsets, respiratory diseases and flu. The majority of the cases of diarrhoea and stomach aches are associated with the use of contaminated water especially during the

1 Only 60% of the population can read and write. School enrolment is at 60%; the rate is higher among men, compared to women (52% and 33%,

respectively) (GoK, 2013).



wet seasons. It was observed that most homesteads do not have latrines hence use bushes for nature calls. This contaminates water once it rains thus causing the mentioned water borne diseases.

45. With regards to the HIV/AIDS prevalence in the area is estimated at 4.9 % (GoK, 2013 a). with 43.4% of the respondents have undertaken a HIV/AIDs test. Further 89.8% were aware of the existence of Sexually Transmitted Infections (STIS). On protection methods, the respondents indicated: use of condom 13.1%, abstinence 30.6% and stick to one partner 56.3%.

46. Wasting and stunted growth is prevalent among children and stands at 3% and 18.6 % respectively. This is due to malnutrition and the records shows that 90% of the children in the county have been immunized against various diseases. Reproductive health (RH) is a big challenge in this region, because of:

• Reluctance by local population to accept modern family planning methods; • Low condom usage; • Inadequate number of specialized investigative equipment in health facilities; • Long distances to health facilities; • Inaccessibility to family planning services (not available in the grassroots’ dispensaries); and • Inadequate health personnel (in number);

47. Conflicts in Isiolo county are mainly due to various longstanding conflicts over land and land-based resources, and new risks associated with investment, development and devolution. Inter-communal conflict is common between the major pastoralist groups who frequently migrate in and out of the county and is exacerbated by drought and land alienation for investment, development and conservation, amongst others. Isiolo is a hub for the small arms trade and arms are frequently carried by pastoralists and used in conflicts. Ethno-political and border tensions and conflicts are also prominent and have been exacerbated since devolution. The county has not experienced terrorist incidents like some of its neighbors, but radicalization of youth is a significant problem.

48. In terms of traditional governance in Isiolo County, most ethnic groups have a Council of Elders such as the Borana Supreme Council of Isiolo, the Somali Elders Council of Isiolo (who meet in the hills of Burat), the Turkana Council of Elders (who meet in Ngare Mare). The core membership of the Councils is invariably the customary leadership of the clans; thus the twenty or so Sakuye Hayyu are members of their council, who then incorporate other prominent members of the clan. As may be expected the Councils are basically composed of respected elder men, although there are attempts to form a Women Council of Elders in response. The Council of Elders are recognized by the County leaders and Commissioners, who regularly appoint members of the various Elders Councils to serve on the County Peace Committees, and try and arbitrate conflict between the various peoples living in the County. Customary systems are increasingly recognized by the Kenya Judicial system, especially in matters of arbitration of land cases, resolving family conflicts and maintaining good neighborliness. They are often favored in rural areas especially due to the cost and inaccessibility of modern judicial systems, along with inordinate delays, corruption and technical maneuvers that deny many poor people justice.

4.1.3 Mandera County

49. According to the Kenya Population and Housing Census (GoK, 2009), the population of Mandera County was 1,025,756 persons (559,943 males and 465,813 female representing 54.6% and 45.4 % respectively) and was projected to grow at 3.96% People and livelihoods per annum to stand at 1,399,503 by 2017. Around 87.5% of the county’s population live in rural areas. The absolute poverty level1 is 89.1% compared to the national average of 46% making the county’s people among

1 Basic Report on Well-being in Kenya Based on Kenya Integrated Household Budget Survey-2005/2006



the poorest in the country. Poverty is highest in the rural areas where close to 100% of the population live below the poverty line (KIPPRA, 2013). The high poverty incidence can be attributed to the generally poor performance of the agriculture sector as well as to the limited livelihood options considering that only 17% of the households have more than one income source on average (GoK, 2014).

50. Mandera County also has a significantly low Human Development Index (HDI) of about 0.42 relative to the national HDI of 0.52 (GoK; UNDP, 2013). The disparity is mostly due to the poor quality of life in the county with regard to access to basic amenities. For instance, the literacy level is not only very low, standing at 25% compared to the national rate of 71.4% but is also characterized by a large disparity between the males and females1. Only 5% and 25% of Mandera County residents have secondary and primary school level of education respectively, while 70% have no formal education (KNBS, 2013). The low literacy level in the county which is as a result of the pastoralists lifestyle, the high levels of poverty, the shortfall of teachers and retrogressive cultural practises like early marriage, is a major impediment in achieving the county’s human resources development objectives.

51. In Mandera County, 38% of residents use improved sources of water, with the rest relying on unimproved sources. There is no significant gender differential as 38% of male-headed households and 39% of female headed households use improved water sources respectively (KNBS, 2013). Access to clean modern energy sources is low with less than 1% of residents in Mandera County using Liquefied Petroleum Gas (LPG), while 93% and 6% use firewood and charcoal respectively. This poses a great threat to environmental management in the county, leading to deforestation, soil erosion and increased flood risk, due to cutting of trees for fuelwood. Only 3% of residents in Mandera County use electricity as their main source of lighting. A further 33% use lanterns, and 13% use tin lamps. Electricity use is mostly common in female-headed households at 5% compared with male-headed households at 2% (KNBS, 2013). The difference in access between male- and female headed households would be as a result of many development initiatives targeting the female headed households hence the better access.

52. Food insecurity in Mandera County is high with 78% of the households reportedly being food insecure (GoK, 2014a) while approximately 31.8%, 18.6% and 41.2% of children in the county are stunted, wasted and underweight respectively (GoK, 2013). Low food diversity, partly caused by limited production of diverse crops due to harsh weather conditions is one of the contributing factors to the high malnutrition levels in the county. Unavailability of food especially during the dry periods results in low caloric intake as people skip meals. There are three major livelihood zones in the county, namely the irrigated crop zone (the riverine zone), the agro-pastoral zone and the pastoral livelihood zone where approximately 32%, 39% and 28% of the population reside respectively (GoK, 2014b). Crop farming thrives along the river occasioned by irrigation where fruits and vegetables are produced. These include mangoes, paw paws, water melons, guavas, lemon, and bananas in addition to vegetables such as kales, onions, tomatoes and capsicum among others. Maize, sorghum and cowpeas are grown in the agropastoral zones such as Mandera west, Mandera east, Mandera north, Lafey and Banisa.

53. Other important economic activities in the county include bee-keeping, trade within and outside the county and artisanal mining. The average annual on-farm income is KES 38,992 with the male- (KES 42,859) and youth-headed households (KES 31,522) having higher incomes than female -headed households (KES 19,014). Male headed households have more income sources than either the female- or youth-headed households. Wage earners represent 38.9% and 17.1% of the urban and rural populations respectively. A large percentage of the population is self-employed in the livestock, agriculture and trade sub-sectors. The youth are the highest contributors (41%) to labour (both family and hired) used in farming activities, along with adult males (31%) and adult females (28%) respectively.

1 The males are comparatively well-off than the female (KIPPRA, 2013).



54. In terms of insecurity and conflict Mandera County has been a haven for people fleeing insecurity in Southern Somalia, and has allowed access to social services and schools. However, this fraternal relationship has been threatened by cross-border attacks by Al Shabaab and banditry. There are also severe internal clan conflicts as well as border tensions with neighbouring Wajir County. Although largely pastoralist, Mandera has a well-developed crop-farming sector along the Daua River on its northern border. The population in Mandera is growing with large youthful cohort, which can provide labour but has been a target of Al Shabaab recruitment.

55. As in other Somali counties, the twin pillars of identity in Mandera County are clan and religion. Mandera is well known within northern Kenya for its abundance of persons who are well versed in the Holy Quran. The knowledge of the ‘Deen’ (religion and customs) rests upon a system of informal education with the ‘Duksi,’ the traditional mobile school, with its Maalims (teachers). The common religion is a powerful medium that unites all clans in Mandera, but the power of the secular clan family is also strong illustrated by the constant fighting and killing (which is forbidden in Islam) among clans.

56. Customary institutions like the Heer guide and adjudicate social matters while Islamic Sharia is exercised within Khadis Courts. The heer (customary law) regulates day to day social interactions, civil affairs and provides means of dispute settlement between different clans and within a given clan. Issues are decided at sittings under the tree (Geed kaa), with the leadership of clan elders, and local religious leaders like the Imam and the Quranic teacher (usually of the Duksi school). In reality, the heer is closely interlinked and guided by Islamic Sharia law which is accepted as the over-arching ideal, although day-to-day practice may differ. Importantly, outcaste peoples and women cannot directly participate in this process. Families will strive to maintain their honour, sometimes to the extent of physically fighting members of families which have apparently shamed them. Many disputes that are resolved by elders at the village level will be about relationships between families, and making culprits pay for misdemeanours like ‘nas-dar,’ the touching of a maiden’s breasts, which have specific fines. The ‘Heer’ will include a whole gamut of laws and fines for physical injury, compensation for slander etc. Khadi’s courts’ jurisdiction is the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance; they are presided over by Imams.

4.1.4 Garissa

57. The population of Garissa was about 699,534 in 2012, 46% of which were women and 54% men. The youth population, aged between 15 and 30 years, constitutes roughly 28% of the county’s population. By 2017, the population is expected to reach 849,457, growing at a rate of 3.96% compared to the national growth rate of 2.9%, as per the 2009 population census. The relatively high county-level population growth rate is associated with low child mortality rates and strong religious and cultural beliefs which advocate non-adherence to family planning. The county is sparsely populated with 16% living in urban areas like Garissa town. The population living under absolute poverty (below US $ 1.9 per day) is estimated to be 50% of the total county population. Urban and rural poverty reaches rates of 55% and 64% respectively. The prevalence of wasting (weight for height) is 9% while stunting (height for age) is 39% (GoK, 2013).

58. Water scarcity already affects the entire county with only 27,725 of the households (28% of total households in the county) directly connected to water sources. The main water source in the county is River Tana and various seasonal rivers (laghas). These are also the main sources of water for irrigation. Water use is distributed among livestock (53%), domestic (30%), irrigation (10%) and other uses (7%). Energy for cooking is from primary materials; most of the population in the county depend on firewood (79%) and charcoal (18%). Women and girls fetch firewood from surrounding bushes while charcoal is mostly sourced from burning the Prosopis juriflora (commonly called Mathenge). This is permitted, since Mathenge is an invasive plant. Only 12% of the population uses electricity for lighting, and this is mostly concentrated in urban areas (GoK, 2013).

59. The literacy rate of the population aged 15 years and above is 40%, with more literate men than women. The net completion rate for primary education is 63% while the rate for those proceeding to secondary school is about 58% (transition rate). Their nomadic lifestyle explains the low enrolment



and transition rates. Early marriages among girls also contribute to the low transition rates. At secondary school level, enrolment and completion rates are 3.5 and 77% respectively. Tertiary education has been growing in the past years, with establishment of public and private university campuses, colleges, and youth polytechnic institutions in Garissa town and other urban areas. Few academic institutions are found in rural areas (GoK, 2013). The main source of livelihood in Garissa County is livestock rearing for milk and meat through nomadic pastoralism. The main livestock bred are cattle, goats, sheep, and camels3. Rainfed and irrigated crop farming is also common.

60. The potential for rainfed agriculture (maize, sorghum, cowpeas and green grams) is 649,000 ha (14% of the county’s total land), of which only 1.8% (11,445 ha) is currently cultivated. Irrigated crop farming systems, mostly high value horticultural crops such as tomatoes, onions, capsicum, kales, chilies, and spinach, and major fruits such as mangoes, paw paws, bananas, melons and citrus are found within a strip of 1-2 km along the River Tana. The irrigation potential in the county is 32,000 ha, of which almost 11% (3,466 ha) is irrigated using water extracted from the river through canals and suction pumps. In addition, artisanal fishing is also common along the river (GoK, 2013).The twin pillars of identity are the person’s clan and the adherence to the Islamic faith. However, the power of the ‘clan’ is shown by the constant fighting and killing (which is forbidden) in clan wars. Children learn their social order through early memorisation of their family tree, traced through the father for over twenty generations and involving several hundred-thousand people. A number of closely related clans will work together, fight for one another and share resources. They will pay ‘blood money’ compensation together; the blood money, or dia in Arabic and mag in Somali is misunderstood by western scholars, indeed the transliteration ‘Blood Money’ devalues the symbolism of ‘blood’. For one living in the nomadic rangeland, it is knowledge that their lives have value, and if one is murdered or dies in manslaughter, demand is made for their ‘blood’ or life. Livestock, especially cattle are valued as expression of wealth and objects of social prestige or status. Possession of animals is a central element of one’s social, economic and religious life. Livestock provide social capital as they provide social links through bride price, inheritance and ritual objects.1 All camels have the clan insignia, or sumad burnt into their skin, denoting the overall sharing of resources.

61. Clans are territorial, but also migratory; each clan maintains their home area, which they struggle to protect, or expand if possible, while migrating freely throughout their larger clan land and letting others move into their areas as need arises. Such movements are continuously being negotiated by clan leadership that maintains relations across the board, and allowing required mobility to maintain pastoral herds. Sub-clans are mobilized for political power within the Kenyan electoral system, after and when elders gather and decide with the elite which candidate to vote for. Each sub-clan has a leader, who is preferably from the families that are known to lead, or from those that emerge through exceptional endeavours and individual achievements. These leaders in turn work with the other leaders of the sub-clan, to create, in the modern context, a Council of Elders for the clan.

62. The Sultan is a traditional form of clan leadership which is re-emerging. The Sultan was the symbol of the pride and unity of the clan. A century of colonialism and armed resistance, with violent deaths on battle fields, assassination, and subjugation led to the ‘hiding of the leadership’. Over the last two decades of Kenya’s relative political freedom, and the anarchy in Somalia, the symbolic structure of the clan Sultan has re-emerged, resulting in increasing struggles over who should represent the clan as the Sultan. Prominence is still given to the hereditary principle, where the Sultan has to emerge from reigning families and preferably from the lineage of the old Sultans, but political expediency, the power of money and position in the modern system have also become factors. In all cases, where strict lineage descent is not followed, useful fictions are crafted to accommodate realities, however, in all cases ensuring compliance with the customary ways as they

1 Gibb Africa (2018) Resettlement Action Plan for the Wajir Kutolo Road.



are still understood. The Council of the Sultan, who advise him, are composed of the leaders of the sub-clans that make up his clan.

63. Sultans are inaugurated in large celebratory gatherings, where the ‘calemo sarr’ (meaning garlanded with branches) is performed, and where milk is literally poured upon the seated Sultan. Dances, songs, poems heralding the family, the greatness of the clan and their exploits, feasting on milk and meat, all create an atmosphere of solidarity and pride

64. Social risks are high in Garissa due to the porous border with war-torn Somalia, as well as high poverty, illiteracy, low empowerment of women, drought, armed inter-ethnic and inter-clan conflict, and terrorist activity. Garissa is host to what was for a long time, the largest refugee camp in the world, the Dadaab complex, with half a million mainly Somali refugees.

4.5 Gender

65. The division of labour in host communities is strongly gender-based. Men and boys herd, water, trek and trade livestock, and gather and trade firewood commercially, while women and girls collect firewood and water for household use, take care of children, handle and trade milk, prepare food and are responsible for other domestic chores and income-generating activities dealing in small income generating activities like retail shop and selling of milk. Little change has been seen in this division of labour.

66. For the households or parts of household settled in villages, the duties of men and boys have tended to reduce while those of women and girls have remained the same or even increased (if they need to go further for firewood or become involved in additional income-generating activities). This has a tendency to result in under-employment of settled males and associated problems of idleness, debt and khat addiction. The impacts of the refugee camps on host communities play out differently for men and women in Garissa County. Whereas the economic opportunities, cheaper food and access to free rations is of equal benefit, the environmental impacts have clearly been felt more directly by women than men. The easier access to services and transport in the hosting area has had especially positive impacts for women, as the main day-to-day caretakers of the family. 67. Extended family structures remain strong and govern families’ participation in pastoral production and other livelihoods, and ensure that households are able to benefit from the opportunities associated with settlement and mobility. Young unmarried men can herd the livestock, while married women and children and older people can stay in the centres and be involved in trade and the collection of food relief. There are few female-headed households and these are most common in the settlements closest to the camps. Intermarriage between refugees and host community members does occur. 68. Rural women follow clear gendered economic roles. This involves cleaning, cooking, building nomadic houses, fetching firewood and domestic water, and caring for small stock. Women do not own stock and in Muslim areas they are not given their Islamic Sharia-defined inheritance rights. Men on the other hand look after cattle and camels, watering them, and trading livestock. As part of their social roles, men often chew miraa (in North Eastern) or drink local beer or cheap spirits smuggled from Uganda (in the North West), which often has a negative effect on the household economy and is linked to increased gender-based violence (GBV). While a minority of urban women in the project area are active in business and real estate, where the laws of the state can protect them, the majority of women are limited to petty trade with low profit margins and no access to credit, especially in areas where credit with interest is prohibited by Islamic teaching. 69. Across the project area, women have traditionally been absent in pastoralist decision-making institutions at the community level and only found voice in influencing their men sitting on the customary tribal councils. In the rural areas where traditional and customary systems are stronger, women are ‘owned’ by fathers or husbands. In rural areas, women often do not speak in meetings unless encouraged, and when they do, they will often say what men want them to. Female meetings facilitated well by women are often the only way to get women to speak freely. Mere provision of



space on committees (as required by the Constitution) or positive discrimination are not enough to address longstanding marginalization of woman, making the need for awareness creation and behavioral change interventions for women, men, and leaders important. Thus, although funds were provided under government programs such as the Women Enterprise Fund, uptake in the project counties has been low because of lack of awareness, cultural resistance, and the fact that women did not have bank accounts and did not understand how to access such schemes. However, their roles are changing particularly in urban areas with modernization and outside influence.

70. Politically, at the county and national level, there are few elected women other than in nominated seats and as women representatives. In the 2017 elections, 1 female MP was elected in Garissa and 4 female senators were nominated, including the Senator for Isiolo. Despite this, women candidates are often sponsored by male patrons, so even if they are elected, they vote according to their patron’s wishes. They lack political experience and training, understanding of governance processes and links with their constituents and do not have development funds, unlike their male counterparts, to link them to their communities. Women are increasingly familiar with the 30 percent gender rule for committees and are often present on committees but have limited voice. Despite this, women in the region play prominent roles in political campaigning, are effective cheerleaders or detractors, and turn up in large numbers to vote. Women competitors for political office are often intimidated and harassed. 71. At a family/household level, women are regarded as requiring ‘protection’ as carriers of tradition and culture and attempts to empower them or address barriers to gender equity need to be carried out carefully as experience has shown resistance is mute and passive but often widespread. Polygamy is practiced in all the project counties, with Mandera having the highest prevalence (according to the KIBHS 2016/2015, 35 percent of people over 18 were in a polygamous marriage). Female-headed households are also common. Mandera and Isiolo also relatively high percentage of households headed by women (45.8 percent and 40.9 percent, respectively). In the project area, divorce is common in the urban settings, and many families have absentee husbands (who travel out for work or herding), leaving the women-heading households. Single mothers in North Eastern region are regarded as social outcastes akin to prostitutes, who are undeserving of community support, which partly explains why women are remarried so quickly. Contributing to the breakdown of the family is the recent phenomenon where the role of money is elevated in Somali marriage, and women and their families aspire to marry wealthy men and families, demand high bride prices, and seek out young men living in the ‘diaspora’, in the Arabian Gulf or Western countries.

72. Women’s low empowerment is reflected in human development indicators. Maternal mortality in Mandera is among the highest in the world: 3,795 deaths per 100,000 live births, considerably higher than Kenya’s average maternal mortality rate of 448 deaths. This rate is higher than parts of Somalia as is the female literacy rate 6 percent in Mandera and 8 percent in Wajir. The government of Kenya has not carried out an adult literacy campaign in North Eastern Kenya since 1974 and adult literacy classes are mainly restricted to urban centers. Population growth and fertility rates are high, with a woman in the North Eastern region on average having six children, the highest in the country, often encouraged by traditional, religious, and modern leaders. Wife beating is normalized in many communities for the slightest infringement and men often call on their friends to help them, with cultural norms sometimes dictating the width of the stick used and methods or reasons for punishment. Intimate partner violence (IPV), especially male to female spousal physical abuse, is also widespread and often precedes sexual abuse within marriage.

73. According to a GBV assessment in Wajir in 2006, factors contributing to perpetuation of the violence are cultural practices such as abduction and early marriage, gender and cultural roles that discriminate girls’ access to education, housing arrangements that enable GBV to occur, and inter-tribal conflicts in which rape may be committed for revenge. Unmarried girls between the ages of 9 and15 appeared to be the most vulnerable to rape because they are often in the bush herding goats or collecting water or firewood far from their homes. Almost universal, the practice of FGM, which can make sexual intercourse both difficult and painful, was suggested by women and youth as a possible reason for high levels of marital rape, which is not viewed as a violation of women’s rights. 74. The same survey found that high levels of stigma and gender imbalances were associated with sexual violence and FGM. A coordinated approach to respond to the service needs of survivors is



missing and service-seeking behavior is low. There is limited awareness of the legal redress mechanisms available to survivors, including those beyond the traditional systems. This analysis seems relevant to the other project counties based on World Bank social and GBV assessments. 75. In the North Eastern region, women reported preferring to seek legal redress for marital issues (divorce and IPV) at the Kadhi court and to report rape and defilement cases to the police. Men on the other hand preferred traditional courts (maslaha), which are commonly used among the Somali community to resolve disputes. However, many female respondents felt that judgments passed by these courts are usually unfair and biased in favor of men. Another issue of concern to the community, police, and the judiciary is that the maslaha system undermines the constitutional judicial system, although the police and Kenyan judiciary were also cited as potential barriers to modern justice for GBV survivors.

4.6 Development Agencies

76. Government agencies, Non-Governmental Organizations, Community Based Organization and Faith Based Organizations in an area may influence the choice of livelihood of the individual through the services offered and the regulations provided. There are many NGOs, CBO and FBOs in the project area which are involved in livelihood programs. Some of these organizations include; Kuza Jamii Initiative, Isiolo Women of Faith, Islamic relief, Wajir South Development Association etcFor the details of some of the organizations, please refer to Annex 7.

4.7 Security and Conflicts

77. There have been increased cases of insecurity which manifests itself in the form of inter-clan conflicts caused by fighting over resources such as land, water, and grazing land. The emergence of the Al-Shabaab insurgency has complicated the insecurity situation leading to overstretching the existing security resources and personnel. The Somalia border is volatile with the KDF aiding the existing security agents to beef up security in the county. The Project has carried out Security Risk Assessment and Prepared Security Management Plan. The assessment mapped;

Boundary disputes on the isiolo-meru boundary; at modogashe between the borana and somali, and at Kotulo-between the somali clans Garri and Degodia.

Natural Resouces Conflicts-based on the availability of water and pasture during the dry season.

Wild life poaching -in Isiolo .

Terrorism -Al Shabab attacks on foreigners (non local somali), Improvised Explosive Devises attacks on security forces, Abductions and kidnappings for ransom in Wajir and Mandera Counties near the borders areas.

78. In preparing the Security Management Plan-the project has adopted the WB Good Practice Note-Assessing and Managing the Risks and Impacts of the Use of Security Personnel; and the IFC Good Practice Handbook-Use of Security Forces: Assessing and Managing Risks and Impacts



OVERVIEW OF POLICIES, PLANS, LEGAL AND INSTITUTIONAL

FRAMEWORK RELATED TO NETIP

5.1 General Overview

79. This Chapter highlights the relevant Policies, legal and institutional frameworks that are of relevance to the NETIP and the ESMF. This has been prepared ESMF to:

meet the requirements of the World Bank’s Environment Assessment Policy (OP/BP 4.01), and OP/BP 4.11 (Physical Cultural Resources). including the World Bank Group Environment, Health, and Safety (EHS) Guidelines, and the Industry specific EHS Guidelines.

comply with Kenya’s environmental and social laws and regulations.

5.2 World Bank Requirements

80. The Project will trigger World Bank OP/BP 4.01: Environmental Assessment, OP/BP 4.04: Natural Habitats, OP/BP 4.10: Indigenous Peoples, OP/BP 4.12: Involuntary Resettlement, and OP/BP 4.11: Physical Cultural Resources. Most of the activities under component 1 subprojects requiring ESMF are subprojects expected to have moderate environmental and social impacts, but some of the investments may have significant impacts and thus the project is assigned Environmental Assessment Category A . The objective of the ESMF is to outline the mandatory procedures to be applied to NETIP to ensure the effective management of associated environmental and social impacts. It seeks to both enhance environmental and social development benefits of the project and mitigate any potential adverse environmental and social impacts, in line with GOK and World Bank safeguards policies and including the World Bank Group Environment, Health, and Safety (EHS) Guidelines. Since the precise locations and potential impacts of future subprojects are not known, and cannot be identified prior to appraisal, the ESMF provides the basis for the environmental and social preparation needed for the subproject investments to be supported during implementation. The following documents have been prepared for NETIP:

Environmental and Social Management Framework (presented herein);

Environmental and Social Impact Assessments (ESIAs) for the road sections that have been designed and identified

Resettlement Action Plans (RAPs) for the road sections that have been identified

Resettlement Policy Framework (RPF) for the activities yet to be confirmed.

A Social Assessment for all VMGs will also be prepared before appraisal.

81. The objective of the ESMF is to outline the mandatory procedures to be applied to the World Bank- financed Project investments to ensure the effective management of associated environmental and social impacts. It seeks to both enhance environmental and social development benefits of the project and mitigate any adverse impacts, in line with GoK and World Bank safeguards policies and guidelines on management of environmental and social issues.

• Both the World Bank safeguards policies and GoK laws are generally aligned in principle and objective:

• Both require screening of subproject investments in order to determine if further environmental assessments (ESIAs) is needed.

• Both require ESIA before project design and implementation (which also includes an assessment of social impacts).

• Both require public disclosure of ESIA reports. • EMCA recognizes other sectoral laws while WB has safeguards for specific interests.

• The Bank requires that stakeholder consultations be undertaken during planning, implementation and operation phases of the project, which is equivalent to the EMCA requirements.

• Additionally, statutory annual environmental audits are required by EMCA.



• In Kenya, it is a mandatory requirement under EMCA Cap 387 for all proposed development projects to be preceded by an ESIA study. Following publication of legal notice 150 amendment to 2003 the EIA/EA regulation which classified projects under schedule into High risk, Medium risk and low risk it is now possible to determine whether a subproject will require a full scale ESIA is necessary or not. Thus, under the laws of Kenya, environmental assessment is fully mainstreamed in all development process and starts with a screening process, which is consistent with World Bank safeguard policies on EA that calls for mandatory screening as well to determine the rating category and the required follow up actions. Project reports will be prepared for all the subproject investments under the NETIP to determine if they require a full scale ESIA. Further, in order to comply with the requirements of the World Bank safeguard policies, individual investments will be screened against each policy as part of the EA process. A comparison Kenyan laws and World Bank Operational procedures is provided in Annex 5.

Table 5 lists all World Bank safeguard policies with descriptions for policies triggered by the Project:



Table 5: Descriptions and justification for WB policies triggered by NETIP

Safeguard Policies Triggered? Explanation

Environmental Assessment OP/BP 4.01

Yes

The objective of this policy is to ensure that Bank-financed projects are environmentally sound and sustainable, and that decision-making is improved through appropriate analysis of actions and of their likely environmental impacts. This policy is triggered if a project is likely to have potential (adverse) environmental risks and impacts on its area of influence. OP/BP 4.01 covers impacts on the natural environment (air, water and land); human health and safety; physical cultural resources; and transboundary and global environment concerns. Given the construction of the proposed social amenities, ancillary facilities and ICT fibre optic cable installation are likely to cause potential environmental and social impact within the project area of influence, thus the policy is trigged, and as a result the ESMF has been prepared and sets out the principles, rules, guidelines and procedures to assess the environmental and social impacts. It contains measures and plans to reduce, mitigate and/or offset adverse impacts and enhance positive impacts, provisions for estimating and budgeting the costs of such measures, and information on the implementing agency responsible for addressing potential project impacts.

Natural Habitats OP/BP 4.04

Yes

This policy recognizes that the conservation of natural habitats is essential to safeguard their unique biodiversity and to maintain environmental services and products for human society and for long-term sustainable development. The Bank therefore supports the protection, management, and restoration of natural habitats in its project financing, as well as policy dialogue and economic and sector work. The Bank supports, and expects borrowers to apply, a precautionary approach to natural resource management to ensure opportunities for environmentally sustainable development. Natural habitats are land and water areas where most of the original native plant and animal species are still present. 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. Project area traverses Lorian Swamp which is wetland (natural habitat with most native plant and animal species are still present). The project area also traverses important wildlife corridor in Isiolo County and Garbatulla areas , maps of which have been provided in section 3.4.1 of this ESMF. Mitigation measures have been proposed on managing the wildlife and the natural habitats in the ESMP section.

Indigenous Peoples OP/BP 4.10

Yes

The objective of this policy is to (i) ensure that the development process fosters full respect for the dignity, human rights, and cultural uniqueness of indigenous peoples; (ii) ensure that adverse effects during the development process are avoided, or if not feasible, ensure that these are minimized, mitigated or compensated; and (iii) ensure that indigenous peoples receive culturally appropriate and gender and intergenerationally inclusive social and economic benefits. The project will be implemented in Isiolo, Garissa, Wajir and Mandera Counties which are geographically and historically marginalized and underserved. The project area is inhabited by pastoralists, and these are regions that exhibit relatively high levels of poverty and social indicators such as access to education, water, mortality rates, etc. that are well below the national average. In this regard, the World Bank Safeguard Policy OP4.10 (Indigenous Peoples) will apply. The project is located in areas where the Government of Kenya considers as vulnerable and marginalized. Given that the majority of the people in these three counties are



classified as VMGs, a Social Assessment (SA) has been prepared, consulted upon and will be disclosed prior to Appraisal. as per the requirement of OP/BP 4.10 Free Prior Informed Consultation has been carried in the preparation of the Social Assessment. Given the residents of the area are overwhelming majority are considered VMGs in the area and direct project beneficiaries, the IPP elements will be included in the overall project design. The Project Appraisal Document (PAD) will include a brief summary of how

the project complies with the OP/BP 4.10 and the IPP requirements.

Involuntary Resettlement OP/BP 4.12

Yes

The objective of this policy is to (i) avoid or minimize involuntary resettlement where feasible, exploring all viable alternative project designs; (ii) assist displaced persons in improving their former living standards, income earning capacity, and production levels, or at least in restoring them; (iii) encourage community participation in planning and implementing resettlement; and (iv) provide assistance to affected people regardless of the legality of land tenure. The project activities will include land take and involuntary resettlement at the project sites, potential loss of employment in nearby commercial facilities, disruption of transportation and utility services, etc. A Resettlement Policy Framework (RPF) has been prepared to address this risk-for the unknown subprojects and project ancillary facilities . The RPF will be publicly disclosed before Appraisal

Forests OP/BP 4.36 No

Pest Management OP 4.09

No

Physical Cultural Resources OP/BP 4.11

Yes

The objective of this policy is to assist Borrowers to avoid or mitigate adverse impacts of development projects on physical cultural resources. 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. During the screening prior to the preparation of ESIAs, any likely impacts on physical cultural resources which are protected by law or are of importance to the communities will be identified. Chance find procedures have been incorporated in this ESMF to ensure that the appropriate preventive or mitigation measures are formulated and executed.

Safety of Dams OP/BP 4.37

No

Projects on International Waterways OP/BP 7.50

No

Projects in Disputed Areas OP/BP 7.60

No



5.3 Environment, Health and Safety Guidelines

82. The World Bank Group Environment, Health and Safety (EHS) guidelines are referenced in footnote 1 of OP 4.01. A complete list of industry-sector guidelines can be found at: www.ifc.org/ifcext/enviro.nsf/Content/EnvironmentalGuidelines.. The EHS Guidelines are technical reference documents with general and industry-specific examples of Good International Industry Practice (GIIP). They define acceptable pollution prevention and abatement measures and emission levels in World Bank financed projects. The EHS Guidelines contain the performance levels and measures that are generally considered to be achievable in new facilities by existing technology at reasonable costs. Application of the EHS Guidelines to existing facilities may involve the establishment of site-specific targets, with an appropriate timetable for achieving them.

83. The application of the Guidelines to existing facilities may involve the establishment of site-specific targets with an appropriate timetable for achieving them. The environmental assessment process may recommend alternative (higher or lower) levels or measures, which, if acceptable to the World Bank, become project- or site-specific requirements. If less stringent levels or measures than those provided in the EHS Guidelines are appropriate, in view of specific project circumstances, a full and detailed justification for any proposed alternatives is needed as part of the site-specific environmental assessment. This justification should demonstrate that the choice for any alternate performance levels is protective of human health and the environment. When host country regulations differ from the levels and measures presented in the EHS Guidelines, projects are expected to achieve whichever is more stringent.

5.4 Policies and plans

5.4.1 Policy Framework

84. Since independence, the Government of Kenya has focused on efforts to fight diseases, ignorance and poverty as part of its development agenda. According to the Sessional Paper No. 10 of 1965, the government recognized poverty, disease and illiteracy as the major constraints to human development. Some of the policies that have been developed to protect the environment and reduce poverty are elaborated below.

5.4.2 National Environment Policy

85. The Kenya Government’s National Environment Policy, 2013 aims at integrating environmental aspects into national development plans. The objectives of the national environmental policy include:

Provide a framework for an integrated approach to planning and sustainable management of Kenya’s environment and natural resources.

Strengthen the legal and institutional framework for good governance, effective coordination and management of the environment and natural resources.

Ensure sustainable management of the environment and natural resources, such as unique terrestrial and aquatic ecosystems, for national economic growth and improved livelihoods.

Promote and support research and capacity development as well as use of innovative environmental management tools such as incentives, disincentives, total economic valuation, indicators of sustainable development, Strategic Environmental Assessments (SEAs), Environmental Impact Assessments (EIAs), Environmental Audits (EA) and Payment for Environmental Services (PES).

Promote and enhance cooperation, collaboration, synergy, partnerships and participation in the protection, conservation, sustainable management of the environment and natural resources.

http://www.ifc.org/ifcext/enviro.nsf/Content/EnvironmentalGuidelines



Ensure inclusion of cross-cutting and emerging issues such as poverty reduction, gender, disability, HIV&AIDS and other diseases in the management of the environment and natural resources.

Promote domestication, coordination and maximisation of benefit from Strategic Multilateral Environmental Agreements (MEAs).

5.4.3 Kenya Rural Development Strategy (KRDS) 2002-2017

86. Kenya Rural Development Strategy (KRDS) 2002-2017 was a long-term framework outline, with a broad range of strategies for the improvement of rural Kenya over the next 15 years. It emphasized food security as the initial step towards poverty alleviation/reduction and rural development. Kenya adopted the policy of rural decentralization as a fundamental policy for rural development. The thrust of the policy was to achieve balanced development in rural areas as well as improvement and sustenance of the livelihood of the rural household. The intention of this policy was to use rural development as a vehicle that would enhance transformation of Kenya’s rural economy enabling the rural society, among other things, to achieve better living conditions from increased productivity, improved transportation facilities and new market opportunities, to promote social system close to the people based on their perceived needs and requirements as well as to stimulate growth of the national economy and ensure sustainable development.

5.4.4 The National Poverty Eradication Plan (NPEP)

87. The National Poverty Eradication Plan (NPEP) of 1999 was formulated with the objective of reducing the high levels of poverty in Kenya by 50 percent by the year 2015, as well as to strengthen the capabilities of the poor and vulnerable groups to earn income. The plan also aimed at reducing gender and geographical disparities in order to create a healthy, better-educated and more productive population. The formulation of the plan was guided by the goals and commitments agreed during the World Summit for Sustainable Development (WSSD) of 1995. The plan therefore focused on the delivery of four WSSD themes of poverty eradication; reduction of unemployment; social integration of the disadvantaged people and creation of an enabling economic, political, and cultural environment through development of transport and communication sector. The plan was to be implemented by the Poverty Eradication Commission (PEC) established in collaboration with various Government Ministries, bilateral and multilateral donors, the private sector, Community Based Organizations (CBOs) and Non-Governmental Organizations (NGOs). The NPEP is relevant to this project since the proposed road will open up opportunities for the marginalized communities of North-Eastern Kenya by creating an enabling environment that contributes immensely to the enhancement of economic growth in the region and Kenya as a whole. The proposed project will also impact businesses, agricultural and tourism related activities that have great relevancy to poverty eradication in the country.

5.4.5 Poverty Reduction Strategy Paper (PRSP)

88. The Poverty Reduction Strategy Paper (PRSP) for Kenya had the broad objective of reducing poverty and promoting economic growth. This policy articulated Kenya’s commitment and approach to tackling endemic poverty through involvement of the poor communities in both rural and urban areas in various socio-economic development activities. The proposed road project will offer various employment opportunities to Kenyans (project area community) and will therefore contribute directly towards the realization of the broad national goal of reducing poverty in the country during and after implementation. In addition, the project will stimulate economic development by creating an enabling environment for other key sectors of the economy to thrive.

5.4.6 Sessional Paper No. 10 of 2012 on Kenya Vision 2030



89. The objective of the Vision 2030 is to transform Kenya into a middle-income country with a consistent annual economic growth of 10 % by the year 2030. The 2030 goal for urban areas is to achieve “a well-housed population living in an environmentally-secure urban environment.” This goal is expected to be achieved by developing basic infrastructure services such as roads, street lights, water and sanitation facilities, storm water drains, footpaths, and others while ensuring that the country has a clean, secure and sustainable environment by 2030 through reduction of pollution and improvement of waste management. The proposed road project will contribute to the realization of the goals of Vision 2030 through improvement of a reliable and efficient road infrastructure facility, provision of employment opportunities, and provision of faster and efficient mode of transport, among others.

5.4.7 Sessional Paper No. 1 of 20017 on National Land Use Policy

90. The Land Policy in Kenya is guided by the environmental management principles which are aimed at restoring the environmental integrity through introduction of incentives and encouragement of use of technology and scientific methods for soil conservation, among others. The policy further requires fragile ecosystems to be managed and protected by developing a comprehensive land use policy bearing in mind the needs of the surrounding communities. The policy also requires zoning of catchment areas to protect them from degradation and establishment of participatory mechanisms for sustainable management of fragile ecosystems. The policy also called for development of procedures for co-management and rehabilitation of forest resources while recognizing traditional management systems and sharing of benefits with contiguous communities and individuals. Lastly, all national parks, game reserves, islands, front row beaches and all areas hosting fragile biodiversity are declared as fragile ecosystems under the policy. 91. The policy recognizes that sustainable management of land based natural resources depends largely on the governance system that defines the relationships between people, and between people and resources. To achieve an integrated approach to management of land-based natural resources, all policies, regulations and laws dealing with these resources need to be harmonized with the framework established by the Environmental Management and Coordination Act (EMCA Cap 387). 92. The policy also addresses land management particularly in Section 3.12, 3.16, 3.18 and 3.22 on ecosystem protection (including water bodies, wetlands and National Heritage Sites). Measures for protection are required for fragile ecosystems. The policy also calls for the protection of watersheds, lakes, drainage basins and wetlands. The policy prohibits settlement and agricultural activities in water catchment areas and calls for identification, delineation and gazettement of all water courses and wetlands.

5.4.8 Sessional Paper No. 8 of 2012 - Sustainable Development of Northern Kenya

93. In Kenya, the ASAL occupy 89% of the country and are home to about 36% of the population, 70% of the national livestock herd and 90% of the wild game that supports the country’s tourism industry. Arid lands of Northern Kenya cover close to 400,000 km2 of land but have less than 700 km of tarmac road, most of which is in disrepair. This has an impact on the attraction of investment and communication in the region. Since 2003 the Government has demonstrated renewed commitment to the ASALs, for example through the Economic Recovery Strategy launched in 2003, which recognized ‘the important contribution the ASALs can make to national development’. The Government of Kenya is committed to putting in place a holistic policy framework that facilitates and fast-tracks sustainable development in the region, reducing levels of inequality with the rest of Kenya and releasing its potential for the benefit of the nation. 94. The Government recognizes that Kenya will not achieve sustained growth in her economy and progress as a nation if the ASALs are not appropriately factored into national planning and development. Trickle-down benefits from areas which already have more favourable investment climates have not worked across the country; moreover, the potential for significant growth in these



areas is now limited. The Government also recognizes that Kenya will not achieve the goals of Vision 2030 or meet international commitments such as the Sustainable Development Goals (SDGs) if regional inequalities are not addressed. Poverty, inequality and insecurity in one part of the country negatively affect the country as whole. Accelerated investment in ASALs is necessary if all Kenyans are to have an equal chance of sharing in the promise and benefits of Vision 2030. Through appropriate financing, the Government will provide leadership in mobilizing and allocating resources necessary for strengthening the foundations for development, including roads, energy, ICTs, water, education, health and security in ASAL areas.

5.4.9 National Forestry Policy of 2014

95. This policy of the government is intended to ensure forests in the country are protected from wanton destruction. The goal of the policy is to increase the area under forest to 10% of the total land area in the country. The objectives among others is to promote public, private and community participation and partnership in forest sector development and also to enhance management of forest resources for conservation of soil, water biodiversity and environmental stability The proposed subprojects will, therefore, be required to be consistent with the requirements of Kenya’s forest policy.

5.4.10 The National Wildlife Conservation and Management Policy, 2017

96. The wildlife policy is aimed at promoting protection and conservation of wildlife in Kenya, both in protected and non-protected areas. The policy is implemented by the Kenya Wildlife Service (KWS). The proposed subprojects will need to be consistent with this policy. Although the area between Modogashe and Wajir has no gazetted wildlife conservation area, wildlife exists throughout this project area of influence especially the Lorian Swamp area. Where wild animals will be disturbed during the construction of any subprojects related activities, appropriate mitigation measures must be implemented to minimize disturbance to wildlife.

5.4.11 Wetlands Policy of 2013

97. The wetlands policy is intended to promote protection of wetlands in Kenya. The policy sets out strategic measures for the protection of existing wetlands in Kenya. NETIP has potential of impacting some local wetlands including Lorian Swamp that runs from Modogashe Town to the area just beyond Habaswein (Lagdima) approximately 30km wide. It would be important to undertake appropriate mitigation measures to minimize or avoid degradation of the wetlands along the project road.

5.4.12 Public Health Policy of 2014-2030

98. This policy is designed to be comprehensive and focuses on the two key obligations of health: realization of fundamental human rights including the right to health as enshrined in the Constitution of Kenya 2010 and; contribution to economic development as envisioned in Vision 2030; and. It focuses on ensuring equity, people centeredness and a participatory approach, efficiency, a multi sectoral approach, and social accountability in the delivery of healthcare services. The policy embraces the principles of protection of the rights and fundamental freedoms of specific groups of persons, including the right to health of children, persons with disabilities, youth, minorities, the marginalised and older members of the society, in accordance with the Constitution. The public health policy calls upon the project proponents to ensure that buildings are adequately provided with utilities so that they are fit for human habitation. The worker’s camps must be provided with all amenities/utilities that are essential for safeguarding public health for all people using the facilities. Also, the policy requires subprojects such as livestock holding areas and slaughter houses are well designed to ensure proper management of solid and liquid waste during the operation phase of the facilities.



5.4.13 Occupational Health and Safety Policy of 2012

99. This policy is intended to provide safety and health to workers in work places. The proposed subprojects will provide employment opportunities to many workers of various categories. The contractor will be expected to comply with the requirements of this policy when engaging workers in various construction activities. The preliminary environmental management provides mitigation measures that can be undertaken to ensure compliance with the requirements of this policy.

5.4.14 HIV/AIDS Policy of 2009

100. The policy identifies HIV/AIDS as a global crisis that constitutes one of the most formidable challenges to development and social progress. The Pandemic heavily affects the Kenyan economy through loss of skilled and experienced manpower due to deaths, loss of man hours due to prolonged illnesses, absenteeism, reduced performance, increased stress, stigma, discrimination and loss of institutional memories, among others. Specifically, the policy aims at:

Setting Minimum Internal Requirements (MIR) for managing HIV and AIDS:

Establishing and promoting programmes to ensure non-discrimination and non-stigmatization of the infected;

Contributing to national efforts to minimize the spread and mitigate against the impact of HIV and AIDS;

• Ensuring adequate allocation of resources to HIV and AIDS interventions;

Guiding human resource managers and employees on their rights and obligations regarding HIV and AIDS.

Due to the large number of workers who will be involved in the project and the associated social issues with projects of such scale, HIV/AIDS has been considered as one of the proposed impacts, but adequate mitigation measures have also been proposed to that effect.

5.4.15 Kenya National Policy on Gender and Development (NPGD), 2000

101. The purpose of the Gender Policy is to institutionalize The Kenya National Policy on Gender and Development (NPGD), within Gender, Children and Social Development. It articulates the policy approach of gender mainstreaming and empowerment of women at the ministry level. The policy seeks a society where women, men, children and persons with disabilities enjoy equal rights, opportunities and a high quality of life.This study has carried out in depth evaluation of matters to do with gender and development and in the entire project period the project shall be governed under this principle.

5.4.16 The Kenya National Climate Change Response Strategy of 2010

102. This strategy provides measures that the Government of Kenya is taking to address issues related to the impact of climate change on various sectors of the economy. Among others the objective of this policy includes:

Providing robust recommendations on adaptation and mitigation measures needed to minimize risks associated with climate change while maximising opportunities,

Enhancing the understanding of climate change and its impacts nationally and in local regions,

NETIP will need to take on board the effects of changing climate in the country and apply climate change mitigation measures. This is important because climate change will in future affect the operation of the road.



5.4.17 KeNHA’s Environment and Social Safeguards Policy, 2018

103. The revised policy is set within KeNHA Vision of quality, safe and adequate National Trunk Roads network. It contains the actions KeNHA will take so as to ensure that the Authority’s activities do not negatively harm the environment and people and adversely affect the social fabric in communities where it works. Working in an environmentally and socially responsible and safe manner are conditions of employment of contractors for various projects. This policy is, therefore, targeting all its staff, contractors and other service providers. KeNHAs Environment and Social Safeguards Policy is provided in Annex 6.

5.4.18 Gender Policy, July 2011

104. The objective of this policy is to mainstream gender perspectives in the national development process in order to improve equality and related social, legal/civic, economic and cultural conditions in Kenya. The policy encourages integration of measures that ensure gender-specific vulnerabilities and capacities of men and women are systematically identified and addressed. The implementation of project will create job opportunities; through gender mainstreaming the problem of marginalizing women during employment may be addressed. Economic empowerment of women in Wajir, Isiolo, Garissa and Mandera is a concern as most of them are usually housewives as identified in the counties’ CIDPs.



5.5 Legal Framework

105. There are several legislations that are relevant to NETIP. They cover various aspects including among others the physical and biological environments, flora, fauna, water resources, air quality and social aspects of human settlements. The Republic of Kenya has legal framework for environmental and social management. The broad objectives of these frameworks are: -

• To ensure optimal use of natural resources while improving environmental quality; • To conserve natural resources such that the resources meet the needs of the present without

jeopardizing future generations in enjoying the same;

• To develop awareness that inculcates environmental and social stewardship among the citizenship of the country;

• To integrate environmental conservation and socio-economic aspects in the development process; an

To ensure that national environmental goals contribute to international obligations on environmental

management and social integrity.

Table 67 provides the relevant Kenyan Legislation relevant to NETIP



Table 6: Relevant Kenyan Legislation relevant to NETIP

No Legislation/Guidelines Description of the Legislation/Guideline Relevance of the legislation/regulations in terms of license, permits, and other requirements

1 The Constitution of Kenya 2010 Section 21 (3) All State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalized communities, and members of particular ethnic, religious or cultural communities. Section 42. Every person has the 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; and (b) to have obligations relating to the environment fulfilled Under Article 70. Section 60. (1) Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principles—

(a) equitable access to land; (f) elimination of gender discrimination in law, customs and practices related to land and property in land; and (g) Encouragement of communities to settle land disputes through recognized local community initiatives consistent with this Constitution. Section 69. (1) The State shall— (a) ensure sustainable exploitation, utilization, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits; (d) encourage public participation in the management, protection and conservation of the environment; Article 40 on compulsory land acquisition. State shall not deprive a person of property of any description, or of any interest in, or right over, property of any description, unless the deprivation— (b) is for a public purpose or in the public interest and is carried out in accordance with this Constitution and any Act of Parliament that— (i) requires prompt payment in full, of just compensation to the person; and

NETIP should be consistent with the provisions enshrined in the Constitution that includes the rights of vulnerable groups in the project will include women, disabled, elderly, persons living with terminal illness. The Borana and Somali population found in the project area which is dry and arid are pastoralists who are largely poor and therefore marginalized and vulnerable. Also Majority of the the land parcels in the project area do not have formal land ownership documents. Local mechanisms consistent with the provision of the constitution will have to be used to establish genuine owners.

The provision of the constitution also encourages public participation and dispute resolution

Relevant safeguard frameworks are being prepared and ESIA and RAP studies will be commissioned to identify the project affected persons for compensation and resettlement.

The ESIA Studies will identify project impacts for implementation of appropriate mitigation measures.

The project will carry out public participation, stakeholder engagement during all project phases.

A grievance redress mechanism will be set up by NETIP to align with provisions of the constitution with regards to dispute resolution and fair hearing.



(ii) allows any person who has an interest in, or right over, that property a right of access to a court of law. Article 69 in matters environment and Public participation. encourage public participation in the management, protection and conservation of the environment; Article 50 Dispute resolution Relating to grievance mechanism Every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court or, if appropriate, another independent and impartial tribunal or body.

2 Environmental Management & Coordination Act (EMCA), No 8 1999 Amended 2015

EMCA, 1999 (The principal Act) and the Environmental Management and Coordination (Amended) Act, 2015 provide the main legal and institutional framework under which the environment in general is to be managed. EMCA is implemented by the guiding principle that every person has a right to a clean and healthy environment and can seek redress through the High court if this right has been, is likely to be or is being contravened. Section 58 of the Act makes it a mandatory requirement for an EIA study to be carried out by proponents intending to implement projects specified in the Second Schedule of the Act. Such projects have a potential of causing significant impacts on the environment. Similarly, section 68 of the same Act requires operators of existing projects or undertakings to carry out Environmental Audits (EA) in order to determine the level of conformance with statements made during the EIA study. The proponent is required to submit the EIA and EA reports to NEMA for review and necessary action. The Environmental Management and Co-ordination (Amendment) Act, 2015 has repealed some of the sections in the principal Act. EMCA provides for the establishment of appropriate legal and institutional framework for the management of the environment and for matters connected therewith and incidental thereto. EMCA outlines the requirements for EIA, environmental audits, monitoring procedures and environmental-quality standards.

NETIP will execute ESIA, ESMP for sub project activities in compliance with the act

ESIA report with Environmental Management and Monitoring Plan will be developed for implementation by the contractor during project execution.

3 Environmental (Impact Assessment and Audit) Regulations, 2003.

The legislation provides guidance on project impact categorization into low, medium and high risks and implementation of appropriate environmental and social impact assessments. Part 1 – Preliminary Section 4 (1) says no proponent shall implement a project that

As NETIP is a category A that has the potential to generate significant environmental and social impacts that require mitigation, relevant safeguard documents will be commissioned in compliance with the requirements of this regulation.



(a) is likely to have a negative environmental impact; or (b) for which an environmental impact assessment is required under the Act or these Regulations unless an environmental impact assessment has been concluded and approved in accordance with these Regulations, Part II The Project Report This part describes the Regulations and contents of a Project Report Part III – The Environmental Impact Assessment Study This part describes the ESIA Study Process, Part IV describes the contents of an ESIA Study Report and Part V elaborates on environmental audit and monitoring. The Regulation provides the guidelines that have been established to govern the conduct of environmental assessments and environmental audits in Kenya. The regulations provide guidelines on preparation of EIA Project Report and EIA Study Reports for EIA Licence Applications and Approvals. Guidelines on Environmental Audits for projects in operation are also provided in these regulations. The guidelines require that the EIA study be conducted in accordance with the issues and general guidelines spelt out in the Second and Third schedules.

4 EMCA (Noise and Vibration Control) Regulation, 2009

These Regulations determine the level of noise that will permissible in particular during the construction of the improvements, the following factors will be considered: • Time of the day; • Proximity to residential area; • Whether the noise is recurrent, intermittent or constant; • The level and intensity of the noise; • Whether the noise has been enhanced in level or range by any type of electronic or mechanical means; and, • Whether the noise is subject to be controlled without unreasonable effort or expense to the person making the noise.

NETIP project activities may lead to elevated noise levels generated from working machinery and trucks

Excavation works using compressors may also generate elevated noise levels.

Use of explosives and heavy machinery to break rocks at quarry sites may cause excess noise/vibration

Noise impact on community health and safety issues associated with sub project activities NETIP will involve EHS professionals, who have the experience, competence, and training necessary to assess and manage EHS impacts and risks, and carry out specialized environmental management functions including the preparation of project or activity-specific plans and procedures that incorporate the technical recommendations presented in this document that are relevant to the project

The Contractor will have to meet the requirements of these regulations particularly during the construction process, where some of the construction activities are bound to make some level of noise



5 EMCA (Waste Management) Regulations, 2006

Section 4. (1) No person shall dispose of any waste on a public Highway, street, road, recreational area or in any public place except in a designated waste receptacle. Article 6. A waste generator shall segregate waste by separating hazardous waste from non-hazardous waste and shall dispose of such wastes in such facility as shall be provided by the relevant local authority. Section 29. All biomedical waste shall be securely packaged in biohazard containers which shall be labeled with the symbols set out in Part I and II in the Eighth Schedule to these Regulations. A waste generator shall collect, segregate and dispose such waste in the manner provided for under these Regulations

The contractor’s camp and construction activities will generate waste that needs to be managed.

The waste generated at the contractor’s camp will include:

Sanitary waste

Hazardous waste (Oils, chemical waste from the Lab)

General domestic/office waste

ESMF framework will outline preparation of an Environmental and Social Management Plan (ESMaP) that will contain waste management recommendations that the contractor should apply.

ESIA Study Report for sub project will contain recommendations that the contractor should engage a NEMA Registered firm to be collecting ordinary and hazardous waste for appropriate disposal.

6 Environmental Management and Co-ordination (Controlled Substances) Regulations, 2007

Section 7. Disposal of controlled substance. (1) Any person wishing to dispose of a controlled substance shall inform the Authority which shall ensure that the controlled substance is disposed of in an environmentally sound manner.

ESIA Study report for sub projects will provide guidance on waste disposal so that the contractor does not inappropriately dispose of products containing controlled substances including refrigerators and air conditioners.

7 EMCA (Water Quality) Regulations, 2006

Section 4 (1) Every person shall refrain from any act which directly or indirectly causes, or may cause immediate or subsequent water pollution, and it shall be immaterial whether or not the water resource was polluted before the enactment of these Regulations. (2) No person shall 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. Section 6 No person shall – (a) discharge, any effluent from sewage treatment works industry or other point sources without a valid effluent discharge licence issued in accordance with the provisions of the Act; (b) abstract ground water or carry out any activity near any lakes, rivers, streams, springs and wells that is likely to have any adverse impact on the quantity and quality of the water, without an environmental impact assessment licence issued in accordance with the provisions of the Act; Section 24 No person shall discharge or apply any poison, toxic, noxious or obstructing matter, radioactive wastes, or other pollutants or permit any person to dump or discharge any such matter into water meant for fisheries, wildlife, recreational purposes or any other uses.

Relevant safeguard and tendering documents and will have recommendation for the contractor to ensure they provide containment area for storage and handling of oils and other chemicals.

Used oil recovered from vehicles and machines is to be stored in drums for appropriate disposal as recommended in the ESIA Report

KeNHA and Contractor will apply for water abstraction permits from WRA to be allowed to sink boreholes or abstract water from surface water sources



8 EMCA (Wetlands, River Banks, Lake Shores and Sea Shore Management) Regulations, 2009

Section 21. (1) A developer intending to undertake a project which may have a significant impact on a wetland, river bank, lake shore or the sea shore shall carry out an environmental impact assessment in accordance with the provisions of the Act Section 24. (1) Each local authority shall, on the advice of the Authority, make by- laws managing solid waste and waste waters in lake shores, river banks and the sea shore areas in accordance with the Public Health Act. .

NETIP has to meet requirement of this regulation as the project corridor crosses Lorian Swamp and several river beds that contain water during the rainy season

There is also high potential that the water sources may get contaminated during construction.

There is potential that the streams or rivers may get silted by excavated soils.

9 EMCA (Fossil Fuel Emission Control) Regulations, 2006

Section 4. (1) Any internal combustion engine is subject to inspection under these Regulations and shall, as a condition of compliance with the inspection, pass such tests as may be required to demonstrate that the internal combustion engine complies with any standards and requirements for the control of air pollution or contamination as may be prescribed. Section 12. The direct cost of clearing pollution through fuel emission shall be borne by the polluter.

Any person who operates or owns an internal combustion engine and permits it to be operated upon any road, street, public highway or any premises, which emits smoke or other air contaminants in excess of emission standards set out in the 1st Schedule commits an offence

Sub project activities under NETIP will use Trucks and construction machines that may generate smoke in excess of the prescribed standards.

Safeguards documents like ESIA Reports should recommend for the contractor to regularly service the vehicles and machinery and keep such records for reference.

The ESIA and ESMP report should contain recommendation that the contractor should ensure machine operators and drivers are sensitized against raving of engines.

10 EMCA (Air Quality) Regulations (Legal notice No. 34) of 2014)

Section 5. (1) No person shall- (a) act in a way that directly or indirectly causes, or is likely to cause immediate or subsequent air pollution; or (b) Emit any liquid, solid or gaseous substance or deposit any such substance in levels exceeding those set out in the First Schedule. Section 7. No person shall cause the ambient air quality levels specified in the First Schedule of these Regulations to be exceeded. The parameters in First Schedule include Particulate Matter (PM10), Sulphur Oxides, Oxides of Nitrogen, Hydrogen Sulphide, Volatile Organic Compounds (VOCs), Lead and Carbon Monoxide. Section 8 (1) No person shall cause or allow particulate emissions into the atmosphere from any facility listed under the Fourth Schedule in excess of those limits stipulated under the Third Schedule. Where “suspended Particulate matter” means all Particulate material which persists in the atmosphere or in flue gas stream for lengthy periods because the Particles are too

NETIP Sub project activities will have the potential to generate excess exhaust emissions from vehicles and machinery and also excess dust at the quarry site, stone crushing plant and road works The ESIA and ESMP Report should provide measures that the contractor should implement to control excess fugitive dust and exhaust emissions including use of serviceable machinery and vehicles and Suppressing of dust by regularly sprinkling water at the dust source areas.



small in size to have appreciable falling velocity.

11 EMCA (Conservation of Biological Diversity and Resources, Access to Genetic Resources and Benefit Sharing) Regulations, 2016

Section 3: The objectives of these regulations shall be to: (b) Provide mechanisms to protect and prevent exploitation of endangered and threatened plant and animal species; (d) Provide for the consultation of local communities in the process of accessing genetic resources for research, commercial and other purposes; Section 5: A person shall not engage in any activity that may- (c) lead to the unsustainable use of natural resources, without an Environmental Impact Assessment License issued by the Authority under the Act

The project corridor has flora and fauna of importance to the community. These include wildlife (Giraffes, Gazelles etc) and trees that provide shade to the community. Safeguard documents must elaborate the measures that need to be put in place to protect the trees and wildlife which the community members had already started fearing that they will be interfered with the contractor staff

12 Technical Guidelines On The Management Of Used Oil And Oil Sludge In Kenya

Section 1.1 Specific objectives of the Guideline

To ensure effective and efficient collection and transportation systems for used oil and oil sludge;

To promote eco-friendly technologies for recycling of used oil;

To create awareness on hazards associated with handling used oil;

To provide guidance on infrastructure for management of used oil.

The guideline provides for procedure for handling used oil

NETIP sub project contractor vehicles (small cars and trucks) and machinery will require frequent servicing and recovery of used oil. Sub Project ESIA report must provide an ESMP that contains recommendations on how used oil should be handled

13 National sand harvesting guidelines, 2007

Section 6. Sand Harvesting Sites (i). No person will harvest sand from any area not designated as a sand harvesting site by Technical Sand Harvesting Committee (TSHC). (iv). Each designated sand harvesting site will have an environmental management plan (EMP) to guide in the rehabilitation of the sites. Article 8. Riverbed harvesting (a) Sand harvesting from any riverbed shall be undertaken in a way that ensures adequate reserve of the sand is retained to ensure water retention. (b) Sand harvesting will not be allowed on any riverbanks. (d) No sand harvesting shall take place within 100 metres of either side of any physical infrastructure including bridges, roads, railway lines, dykes, among others. Section 9 Authority to remove and transport sand 1) Any person who wishes to remove and/ or transport sand will fill an application form available at the District Environment Office.

NETIP sub project construction activities will require the use of sand which will be harvested within the project area Sub project ESIA report should provide the requirements that the contractor will need to comply with before carrying out harvesting of sand.

14 Land Act 2012 The Land Act was enacted by Parliament to give effect to Article 68 of the Constitution, to revise, consolidate and rationalize land

Some Project activities will result in the need to acquire land.



laws; to provide for the sustainable administration and management of land and land-based resources, and for connected purposes. The Act applies to all land declared as (a) public land under Article 62 of the Constitution; (b) private land under Article 64 of the Constitution; and (c) community land under Article 63 of the Constitution and any other written law relating to community land. The Land Act guarantees security of tenure for land under (a) freehold; (b) leasehold; (c) such forms of partial interest as may be defined under the Act and other law, including but not limited to easements; and (d) customary land rights, where consistent with the Constitution and guarantees equal recognition and enforcement of land rights arising under all tenure systems and non-discrimination in ownership of, and access to land under all tenure systems. Under the Lands Act 2012, The Wayleaves Act, Cap 292 and The Land Acquisition Act, Cap. 295 have been revoked but Sections 8 and 9 allow for Compulsory Acquisition as an option in acquiring land for public utility.

This may result in land take and displacement of persons with residential or commercial structures.

Sub project ESIA Study should be prepared to be in compliance with these regulations.

RPF and RAP Study will elaborate process valuation of affected land & Property for compensation

15 The Public Health Act (Cap 242) Revised Edition 2012

Part IX Section 8 & 9 of the Act states that no person/institution shall cause nuisance or condition liable to be injurious or dangerous to human health. Part Xll Section 136 states that all collections of water, sewage, rubbish, refuse and other fluids which permits or facilitates the breeding or multiplication of pests shall be deemed nuisances The Act addresses matters of sanitation, hygiene and general environmental health and safety.

This Act will govern the Contractor’s activities on site including

ensuring the health and safety of employees including providing

public health services and sanitation facilities for workers . Also,

the act require contractors to proper disposal of solid and

waste, nuisances such as odours from poor mainatained

slaughter facilities

16 The Wildlife Conservation and Management Act No. 47 of 2013. Revised Edition 2014

The Wildlife and Conservation Act deals with the conservation and management of wildlife in Kenya. The Act provides that wildlife should be conserved to yield optimum returns in terms of cultural, aesthetic, scientific and economic benefits. The Act requires that full account be taken of the interrelationship between wildlife conservation and land use. The Act controls activities within the national parks, which may lead to the disturbance of wild animals. Unauthorized entry, residence, burning, damage to objects of scientific interest, introduction of plants and animals and damage to structure are prohibited under this law. The proposed road traverses’ important wildlife areas.

NETIP project corridor transects areas with scattered vegetation however there are large trees that provide shade and forage for animals like giraffes. The Lorian Swamp area have a higher density of vegetation and more wildlife

There is likelihood that protected/threatened fauna may be present in the project area

There may be fauna species that are protected/threatened

The available water sources are used by humans as well as wildlife and should be protected since the subprojects have the potential to pollute these sources.

Sensitization and Education of the contractor staff on wildlife conservation

Project area community are already good custodians of the wildlife and have indicated that the contractor staff should be cautioned to desist from interfering with wildlife in the



project area since there gazelles and guinea fowls that may become targets for food

17 The Occupational Safety and Health Act, 2007

The Act provides governance on safe and secure working environment for workers through implementation of appropriate safety measures. The Act species the following mandatory requirement for a contractors to have at a workplace;

Registration of The Workplace/Construction Site,

Approval of Building Plans (Site Offices),

Notice of Appointment of Safety Supervisor,

Purchase of Abstracts (OSHA 2007, BOWEC)

Purchase of General Register(s),

Provision of First Aid Boxes,

Provision of PPE’s,

Road Signage's & Barrier Tapes,

Marshalling of Traffic,

Sanitary Facilities,

Safe Scaffolding,

Secured Excavations

During the implementation of the project subprojects , the project contractor will occupy construction camps, mobilize equipment and hire construction workforce. Specific health, safety and welfare measures to be installed include:

Train workers and avail required personal protective equipment (PPE) at workplaces such as hand gloves, safety boots, reflective jackets, nose mask and helmet.

Inspection of construction equipment to ensure that they are in good working condition before beginning a job. In addition, the contractor/proponent will ensure that regular inspections and maintenance of the equipment are conducted accordingly

Training of workers on OHS measures and first aiders

18 Public Roads and Roads of Access Act Cap. 399 (Revised Edition 2010)

The legislation provides for appropriate governance on development and use of public roads and roads of access. The Act advocates for:

Notification and seeking permission for construction of Roads of Access from land owners;

Section 10 requires that notice is served on land owners affected by the road project. Section 11 elaborates on granting of leave to construct road of access subject to such conditions and to payment of such compensation in respect of any growing crops or permanent improvements damaged or destroyed by the construction of such road of access

NETIP sub project activities will require access roads within the project area to access quarries, borrow pit sites and water points.

The access roads may pass through fallow land causing some impacts. The land is largely trust land belonging to the community hence this has to be negotiated with the community.

Contractor to apply proposed mitigation measures provided in this ESMF Report to minimize impact and inconvenience to project area community

19 County Government Act No. 17 of 2012 Revised 2017

The promulgation of the 2010 Constitution brought about County Governments. This Act highlights the role of the County Government.

The County Government will be in charge of all development activities within the County, as such will be a major stakeholder for the proposed project.

20 The Water Act No. 43 of 2016 revised 2017

The Water Act 2016 provides for the management, conservation, use and control of water resources and for acquisition and regulation of rights to use water; to provide for the regulation and management of water supply and sewerage services. Under this Act, ownership of water resources is vested and held in trust with the national government. Nonetheless, every person has a right to access water resources that is administered by the national

The Project has the potential to:

Cause pollution of water sources

Developer to comply with ESMF and recommendations on environmental protection and mitigation measures.

Project construction activities will need bulk supply of water for mixing and curing concrete, suppressing dust, cleaning



government. .

and maintenance of equipment, among others. The Act promotes water resources management through soil and water conservation, protection, development and utilization of water resources. The construction of the project will have to apply water resource management measures since the project area is predominantly arid.

Various permits from Water Resources Authority (WRA) will be required for proposed water abstraction methods, whether surface or ground water

21 The Physical Planning Act No.6 of 1996 Revised 2012

Under the physical planning act, physical development activities are supposed to be carried out according to the physical plans. Accordingly, the processes of physical planning involve two stages; the plan making stage and the development control stage. The former involves drawing up the actual plan to indicate the various activities and zones whereas the later involves the process of determining applications by developers to carry out specific development activities. Section 36 states “if in connection with a development application a local authority is of the opinion that proposals for the proposed road project or any other development activity will have injurious impact on the environment, the applicant shall be required to submit together with the application an environment impact assessment report”.

Project Design is to be submitted for approval

Detailed Environmental and Social Management Plan (ESMaP) will be used by the contractor to implement mitigations during construction.

NETIP will prepare an ESIA/and or ESMP for approval

22 Employment Act No 11 of 2007 Revised 2017

The Employment Act, 2007 defines the fundamental rights of employees including the basic conditions of employment of workers. It also regulates employment of children.

The project is located within community settled areas and there is a high potential of underage children looking for manual jobs. The contractor will also have the opportunity of engaging community members for casual jobs. The engagement needs to observe Employment Act requirements against forced labour. •The contractor on site will have to employ casual labourers probably from the communities during construction. The basic conditions of employees should be observed to avoid unnecessary conflicts during the construction works. The Contractor shall pay the entire amount of the wages earned by or payable to the workers. Payment of such wages should be done at the end of a working day at or near the place of work. The Contractor shall also ensure that all statutory deductions are submitted without delay to appropriate government agencies e.g. Kenya Revenue Authority, NSSF, NHIF, among others.

23 National Museums and Heritage Act No. 6 of 2006 Revised 2012

This is an act of parliament to provide for the establishment, control, management and development of national museums and the identification, protection, conservation and transmission of the cultural and natural heritage of Kenya..

Due to the project area’s rich and diverse history and background, there might be historical and cultural sites which may be affected. The chance find procedures presented in annex 3 of this report taken into account this act for its implementation



24 Community Land Act No. 27 of 2016

The Community Land Act, No. 27 of 2016 (the Act) came into force on 21 September 2016. The Act aims at: 1. Giving effect to Article 63 of the Constitution of Kenya, 2010 (the Constitution) which provides for a classification of land known as community land. To this end, the Constitution provides that community land shall vest in and be held by communities. 2. Providing for; i. The recognition, protection and registration of community land rights. ii. The management and administration of community land. iii. The role of county governments in relation to unregistered community land and related matters. The Act repeals the Land (Group Representatives) Act (Chapter 287 of the Laws of Kenya) and the Trust Lands Act (Chapter 288 of the Laws of Kenya).

NETIP corridor is in area land ownership is largely community owned and managed under this act. This project shall uphold the requirement of all the relevant land legislations, involving key administrative stakeholders and the affected parties (i.e. the community) facilitating in coexistence with the surrounding community. Community consultations and consent will be critical during project construction period

25 HIV And Aids Prevention and Control Act No. 14 of 2006 Revised in 2012

This is an Act of Parliament to provide measures for the prevention, management and control of HIV and AIDS, to provide for the protection and promotion of public health and for the appropriate treatment, counseling, support and care of persons infected or at risk of HIV and AIDS infection, and for connected purposes.

NETIP corridor transects through centres where people have settled.

There is a high potential of the project workers getting involved in unprotected sex with community members.

This Act will ensure that the Contractor makes provision for VCT services for employees and locals, as well as promotes public awareness. This will go a long way in ensuring stigmatization of HIV and AIDS is reduced as well as managed during the construction period.

26 Work Injury Benefits Act (2007) Revised 2012

The Work Injury Compensation Benefit Act 2007 provides guideline for compensating employees on work-related injuries and diseases contacted during employment. The Act also requires provision of compulsory insurance for all employees. The Act defines an employee as any worker on contract of service with employer. working.

It will be important for NETIP sub project Contractor to ensure that all workers contracted during the project implementation phase are provided with appropriate insurance covers so that they can be compensated in case they get injured while working

27 The Environment and Land Court Act, 2011 revised in 2012

This is an Act of Parliament to give effect to Article 162(2) (b) of the Constitution to establish a superior court to hear and determine disputes relating to the environment and the use and occupation of land It has jurisdiction to hear any other dispute relating to environment and land. The jurisdiction of the court is provided under section 13 of the Act

The road project cases may result to to litigation cases that will require arbitration since there are persons whose land and other assets may be been affected Identified project requiring land take will conduct a RAP Study to determine the affected land parcels and other assets for compensation, resettlement and restoration is underway.

28 National Construction Authority Act, 2011

This Act establishes the National Construction Authority (NCA), meant to oversee the construction industry and coordinate its development. The authority is meant to promote quality assurance of the construction industry; accredit and register contractors as well as accredit and certify skilled construction workers and construction site supervisors.

During NETIP implementation, the appointed contractor and conduct of construction works will be required to meet registration and approval requirements with NCA.



29 Climate Change Act, 2016

This is an Act of Parliament to provide for a regulatory framework for enhanced response to climate change, to provide for mechanism and measures to achieve low carbon climate development, and for connected purposes. Part IV section 15 provides on how Climate change should be integrated in every public-sector entity. A public entity is expected to observe the Act together with provisions of the National Climate Change Action Plan. The National Climate Change Action Plan Section 4.3.1 (d) has specified how the road infrastructure sector can contribute towards the achievement of low carbon climate resilient sustainable development.

KeNHA will be required to work closely with Wajir, Isiolo, Garissa and Mandera counties to ensure that the project is in line with the set-out strategies by the county in mitigating climate change as per the Act

30 National Cohesion and Integration

Act, 2017

The Act encourages national cohesion and integration by outlawing discrimination on ethnic grounds. It introduces important provisions for “ethnically equitable” distribution of public resources and stipulates that distribution of public resources should take into account Kenya’s diverse population and poverty index

Provisions of this act must be complied to by NETIP

31 The Protection of Traditional

Knowledge and Cultural

Expressions Act, 2016

The Act is intended to give effect to Articles 11, 40 and 69(1) (c) of the Constitution. Article 11 recognizes culture as the foundation of the nation and as the cumulative civilization of the Kenyan people and provides that Parliament shall enact legislation to ensure that communities receive compensation or royalties for the use of their cultures and cultural heritage. Article 40 (5) obliges the state to support, promote and protect the intellectual property rights of the people of Kenya. Art. 69(1) (c) and (e) mandates the state to protect and enhance intellectual property, traditional or indigenous knowledge of biodiversity and the genetic resources of the communities and protect genetic resources and biological diversity. The Act is relevant to VMGs as it considers protection of their cultures and heritage

Provisions of this act must be complied by NETIP as the project area may have important tangible and non-tangible cultural heritage

32 Kenya National Commission on

Human Rights Act, 2011

The Act mandates the Kenya Human Rights Commission (KHRC) to investigate and provide redress for human rights violations in Kenya, to research and monitor the compliance of human rights norms and standards, human rights education and training and campaigns, advocate and collaborate with other stakeholders in Kenya

33 The Equal Opportunities

Commission Act, 2007

It aims at promoting equal opportunities for all persons, prohibits discrimination and provides for remedies for victims of discrimination and for connected purposes. Every person is entitled to equality with respect to the following without discrimination: employment; education and training; access and use of public facilities; health services and facilities; housing,

Provisions of this act must be complied to by NETIP



goods, facilities and services including financial services; acquisition, change or retention of nationality and change of domicile; admission and membership into professional associations or qualification without which as a matter of law or of practice, a person would find it difficult to carry on a particular profession (including any vocation or occupation); or inheritance

34 The National Gender and Equality

Act, 2011

National Gender Equality Commission is a constitutional Commission established by an Act of Parliament in August 2011, as a successor commission to the Kenya National Human Rights and Equality Commission pursuant to Article 59 of the Constitution. NGEC derives its mandate from Articles 27, 43, and Chapter Fifteen of the Constitution; and section 8 of NGEC Act (Cap. 15) of 2011, with the objectives of promoting gender equality and freedom from discrimination. .

Gender mainstreaming in NETIP ensures that the concerns of women and men form an integral dimension of the project design, implementation, operation and the monitoring and evaluation ensures that women and men benefit equally, and that inequality is not perpetuated

35 Persons with Disabilities Act, 2003 This is a comprehensive law covering rights, rehabilitation and equal opportunities for persons with disabilities. It creates the National Council of Persons with Disabilities (NCPWD) as a statutory organ to oversee the welfare of persons with disabilities. The Law also requires that both public and private sector employers reserve 5% of jobs for disabled persons

Provisions of this act must be complied to by NETIP especially in the design of sub project activities and employment opportunity quotas



5.6 Kenya's EIA System

106. EMCA makes provision for EIA in sections 58 and 59 thereof. Section 58 of the EMCA has been amended and directs that proponent of any project specified in the second schedule shall undertake a full EIA study prepared by a registered and licensed EIA and audit expert and submit the EIA study report to NEMA prior to being issued with any licence at his own cost. A proponent must not implement a project likely to have a negative environmental impact or for which an EIA is required under the Act or Regulations unless an EIA has been concluded and approved by NEMA. At the end of the environmental impact assessment process, undergoes through the below stages, an environmental impact assessment study report is produced.

5.6.1 Screening

107. Screening determines which projects or developments require a full or partial impact assessment. Screening will be undertaken for all project regardless of the category of risk.

5.6.2 Preparation and Review Of Project Reports (PRs)

108. Every proponent undertaking a project specified in the Second Schedule of the Act as being a low risk project or a medium risk project (See table annex 17), shall submit to the Authority a summary project report of the likely environmental effect of the project. Project Reports (PRs) are prepared as a means of informing NEMA of the activities, geographical area and potential impacts of the proposed development. A PR would give a description of the project, baseline information of project area, potential impacts and mitigation measures associated with the project. The statutory review period is maximum 30 days effective the date of receipt of a Project Report by NEMA Typical outcomes of review of Project Reports from NEMA are likely to be as follows:

Where NEMA and Lead Agencies ascertain that a project report has disclosed adequate mitigation for identified impacts, NEMA would issue an EIA License authorizing the project to proceed. The license would specify conditions to be met by the proponent for during construction and operation of the project. Typical conditions include:

Period after issuance of license within which the subproject must commence, usually 24 months;

The proponent must seek written approval from NEMA for any operational changes; The period after commencement of the project within which the proponent should undertake an Environmental Audit and submit an EA report to NEMA;

NEMA to take appropriate action against the proponent in the event of breach of any of the conditions of EIA license.

If the PR does not disclose adequate mitigation measures or that the project has significant irreversible environmental and social impacts the proponent will be required to undertake an ESIA study. NEMA will write to the proponent to prepare Terms of Reference (ToR) for ESIA study and submit these for approval prior to commencement of the study ( See section ESIA study report below).

5.6.3 Terms of reference

109. For high risk projects (See annex 17 for project falling under high risk category), an EIA study must be conducted in accordance with terms of reference developed by the proponent and approved by NEMA.. The terms of reference include matters required to be considered in the making of an EIA including;

Ecological considerations that is the impact of project on biological diversity, sustainable use and ecosystem maintenance.

Social considerations including economic impacts, social cohesion or disruption, effect on human health, immigration or emigration, communication and effects on culture and objects of culture value.



o Landscape o Land uses o Water: impacts of the proposal on water sources and drainage patterns/drainage

systems.

5.6.4 Environmental Impact Assessment Study Report

110. For projects falling under high risk category, NEMA requires that an ESIA full Study be undertaken. The ESIA Study will entail a systematic investigation of all impact areas will entail the following:

o The proposed location of the project; o A concise description of the national environmental legislative and regulatory o framework, baseline information, and any other relevant information related to the

project; the objectives of the project; o The technology, procedures and processes to be used, in the implementation of the

project; o The materials to be used in the construction and implementation of the project; o The products, by-products and waste to be generated by the project; o A description of the potentially affected environment; o The environmental effects of the project including the social and cultural effects and

the direct, indirect, cumulative, irreversible, short-term and long-term effects anticipated;

o Alternative technologies and processes available and reasons for preferring the chosen technology and processes;

o Analysis of alternatives including project site, design and technologies and reasons for preferring the proposed site, design and technologies.

o An environmental management plan proposing the measures for eliminating, minimizing or mitigating adverse impacts on the environment; including the cost, time frame and responsibility to implement the measures;

o Provision of an action plan for the prevention and management of foreseeable accidents and hazardous activities in the course of carrying out activities or major industrial and other development projects;.

111. All the information gathered will be compiled into an ESIA Report prepared in the same format as the PR and submitted to NEMA headquarters for review and decision making. The review process will entail advertising of the project in the media and may include a public hearing meeting. The review period may take a maximum of 90 days.( See Table 7) 112. The environmental impact assessment study report must also be accompanied by a non technical summary outlining the key findings, conclusions and recommendations of the study and must be signed by the proponent and environmental impact assessment experts involved in its preparation

5.6.5 Public participation

113. Public participation is at the centre of EIA. During the process of conducting an environmental impact assessment study the proponent must in consultation with NEMA seek the views of persons who may be affected by the project. After the approval of the EIA Report by NEMA, the proponent must;

Publicize the project and its anticipated effects and benefits by: o Posting posters in strategic public places in the vicinity of the site of the

proposedproject informing the affected parties and communities of the proposed project;

o Publishing a notice on the proposed project for two successive weeks in a newspaper that has a nation-wide circulation; and Making an announcement of the notice in both official and local languages in a



radio with a nation-wide coverage for at least once a week for two consecutive weeks;

Hold at least three public meetings with the affected parties and communities to explain the project and its effects, and to receive their oral or written comments;

Ensure that appropriate notices are sent out at least one week prior to the meetings and that the venue and times of the meetings are convenient for the affected communities and the other concerned parties; and

Ensure, in consultation with the Authority that a suitably qualified coordinator is appointed to receive and record both oral and written comments and any translations thereof received during all public meetings for onward transmission to the Authority

5.6.6 Comments from Lead Agencies

114. After NEMA has received the Report, the agency submits a copy thereof to any relevant lead agencies for their comments. Lead agencies review the report to ensure that it complies with the terms of reference under Regulation 11 and that it is comprehensive. They thereafter send their comments to NEMA on the report within 30 days or such extended time as the Authority may specify. If no comments are received from the Lead Agencies the Authority may proceed with the determination of the application for the implementation of the project.

5.6.7 Public Review and Hearing

115. Upon review of the ESIA/EIA report, NEMA will prepare a summary of the report and advertise it in the press for public review. The purpose of this is to allow all stakeholders to read and understand how they would be affected by the project. The public review period lasts a minimum of 60 days. After expiry of the public review period, NEMA will collate the comments submitted from the public and hand them over to the proponent highlighting which key issues required to be addressed. The proponent in liaison with the ESIA expert will prepare written responses either into an additional chapter or an addendum to the ESIA report. This addendum should clearly explain how each of the comments and concerns raised by the public have been addressed and resolved. 116. Once NEMA is satisfied that the revised ESIA Study report addresses all the issues raised by stakeholders it would issue an ESIA/EIA license. 117. In some instances for high risk projects upon receipt of both oral and written comments NEMA may hold a public hearing. Regulation 21 obligates NEMA to invite the public to make oral or written comments on the report. The invitation for public comments shall state; • The nature of the project; • The location of the project; • The anticipated impacts of the project and the proposed mitigation measures to respond • to the impacts; • The times and place where the full report can be inspected; and • The period within which the Authority shall receive comments. 118. On conclusion of the hearing, the presiding officer shall compile a report of the views presented at the public hearing and submit a report to the Director General of NEMA within 14 days from the date of the public hearing. The Authority may then approve the Environmental Impact Assessment Study Report and issue an EIA License under Regulation 24.

Table 7: Typical ESIA Full Study and Project report processing time at NEMA

Steps Action Actor Time requirement

Typical Project Report (PR) review timeline



1 Preparation and submission of Project Report to NEMA. NEMA receives PR, issues a receipt and acknowledgement.

NETIP, EIA Expert

Depends on Complexity of Project, may take 10-15 days

2 NEMA sends copies of PR to Lead Agencies for comments

NEMA 7 days assuming all requirements are fulfilled

3 Lead agencies review PR and issue comments Lead Agencies

15 days (minimum) after receipt of PR from NEMA.

4 Review of PR by NEMA NEMA Within 20 days of PR receipt

5 Communication of findings from NEMA review to KeNHA

NEMA

Within 30 days of PR receipt

Typical Full ESIA study Review time

1 Submission of terms of reference (TOR) NEMA and Proponent

One Week

2 Preparation and submission of study report Proponent Dependent on proponent

3. Acknowledgement and preparation of summary of impacts for pacing in daily newspaper and government printer

NEMA One Week

4 Public and lead agencies comments Public 30 days mandatory waiting period

5 Review and decision making NEMA 45 days

5.6.8 Environmental Audit

119. Section 68 of EMCA obligates NEMA with the responsibility of carrying out environmental audit of all activities that are likely to have significant effect on the environment such as ongoing projects commenced prior to the coming into force of the regulations or new projects undertaken after completion of an environmental impact assessment study report. In carrying out an environmental audit study the auditor must carry out an appraisal of all the project activities including the production of goods and services; give adequate consideration to environmental regulatory frameworks, environmental health and safety measures and sustainable use of resources. The principles applicable to EIA are also relevant in an environmental audit. The Kenyan process of preparation of an ESIA/EIA Study is presented in Figure 5 below



Figure 5: Kenyas ESIA process

5.6.9 NEMA Project Risk Classification

120. On 30 April 2019, the Government of Kenya pissued a legal notice (legal notice 31 and 32), amended the Second Schedule of the Environmental Management and Coordination Act (No. 8 of 1999) and introduced project risk classification to, low medium and high risk projects making it possible to determine whether a subproject will require a full scale ESIA or a project report. . Every proponent undertaking a project specified in the Second Schedule of the Act as being a low risk project or a medium risk project, shall submit to the Authority a summary project report of the likely environmental effect of the project. A project report prepared under this regulation shall be prepared by an environmental impact assessment expert who is registered under these Regulations. High risk projects shall require submission of environmental impact assessment study reports under section 58(2) of the Environmental Management and Co-ordination Act, 1999—



121. All listed projects in schedule 2 must undergo mandatory EIA. EMCA does not provide an exclusion list hence projects not included in Schedule 2 of EMCA need to be subjected to screening in order to determine the type of environmental assessment required to ensure compliance. High and medium risk projects have to be submitted for review online on the NEMA portal1 for review while low risk projects are submitted at NEMA county offices in hard and soft copies for review by the County Director of Environment. See Annex 17 for Kenya’s law project classification based on risk rating and the type of activity proposed

5.7 International conventions and treaties

122. As Kenya is a signatory to various international conventions and laws, it is important that national projects are in line with these laws and for this reason, some of the relevant international conventions are reviewed in this section.

123. United National Convention of Biological Diversity (CBD) The three goals of the CBD are to promote the conservation of biodiversity, the sustainable use of its components, and the fair and equitable sharing of benefits arising from the use of genetic resources. Kenya, as a signatory of this convention, is supposed to work towards achieving the three goals. This convention has been domesticated in The Environmental Management and Co-Ordination (Conservation of Biological Diversity and Resources, Access to Genetic Resources and Benefit Sharing) Regulations, 2006.

124. Convention on the Conservation of Migratory Species The convention on migratory species (CMS) was adopted to conserve migratory species of wild animals given that migratory species are seen as an international resource. Such species may be terrestrial or marine. The convention’s agreement on the conservation of African-Eurasian migratory water birds is specific on the need to protect the feeding, breeding, and wintering habitats, the main ones being wetlands and open water bodies. This convention has been domesticated in the Wildlife (Management and Conservation) Act (2013).

125. United Nations Framework for Convention on Climate Change (UNFCCC) Signed in 1992 at UNICED, the convention addresses the principles of common but differentiated responsibility and precautionary action. Its main objective is to achieve the stabilization of greenhouse gas concentrations in the atmosphere at a level that prevents dangerous anthropogenic interference with climate systems and within a specific timeframe which will allow ecosystems to adapt naturally to climate change, to ensure that food .

126. Paris Agreement Kenya ratified the Paris Agreement. The agreement sets out a global action plan to put the world on track to avoid dangerous climate change by limiting global warming to well below 2°C. The Paris Agreement is a bridge between today's policies and climate-neutrality before the end of the century. Governments agreed;

• a long-term goal of keeping the increase in global average temperature to well below 2°C above pre-industrial levels;

• to aim to limit the increase to 1.5°C, since this would significantly reduce risks and the impacts of climate change;

• on the need for global emissions to peak as soon as possible, recognizing that this will take longer for developing countries;

• to undertake rapid reductions thereafter in accordance with the best available science.

1 http://www.nema.go.ke/index.php?option=com_content&task=view&id=238&Itemid=129



127. The United Nations Convention to Combat Desertification (UNCCD) This Convention was adopted on 17th June 1994 in Paris and came into force on 26th December 1996. Its purpose is to address the problem of the degradation of land by desertification and the impact of drought, particularly in arid, semi-arid and dry semi-humid areas. Kenya ratified the Convention on 24th June 1997. The provisions are domesticated in several Acts of Parliament. Section 46 of EMCA requires District Environment Committees to identify areas that require re-forestation or afforestation as well as to mobilize local communities to carry out these activities.

128. Convention on the Elimination of All Forms of Discrimination Against Women. The Convention on the Elimination of all Forms of Discrimination Against Women is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted on 3 September 1981 and has been ratified by 189 states and Kenya is one them. Kenya had enacted a number of laws for gender equality and inclusion, such as the National Gender and Equality Commission Act of 2011, the Matrimonial Property Act of 2013, the Protection from Domestic Violence Act of 2015, the Land Act of 2012, and the Counter-Trafficking Act N°8 of 2010.

129. Convention on the Rights of the Child. The Convention on the Rights of the Child has 54 articles in all. Articles 43-54 are about how adults and governments should work together to make sure that all children get all their rights. The Convention acknowledges children as individuals with rights and responsibilities according to their age and development (rather than the property of their parents or as victims), as well as members of a family and community.

5.6 Institutional framework

130. Table 8 lists a number of institutions relevant to NETIP.



Table 8: Institutions Relevant to the NETIP

No. Category Institution Role/Function

1 Policy Ministry of Transport, Infrastructure, Housing and Urban Development (MoTIHUD)

Provision of funding mechanisms and general guiding policies for the project.

2 Oversight The Kenya Roads Board (KRB) The main objective is to oversee the road network in Kenya and thereby coordinate its development, rehabilitation and maintenance and to be the principal adviser to the Government on all matters related thereto.

3 Project Development

Kenya National Highways Authority (KeNHA)

The management, development, rehabilitation and maintenance of international trunk roads linking centres of international importance and crossing international boundaries or terminating at international ports(Class A road), national trunk roads linking internationally important centres (Class B roads), and primarily roads linking provincially important centres to each other or two higher-class roads (Class C roads).

4 Development Partner

World Bank Providing financial support towards the construction of the North-Eastern Transport Improvement Project (NETIP).

6 Supervision and ESIA Licensing

The County and Sub-County Environment Committees

Providing decentralised services undertaken by NEMA at the County and sub-county level. This has enabled local communities to have greater access to environmental management information. It has also enabled the County and Sub-County Environment Committees to conduct quick site visits and review of reports of proposed projects. Issuance of ESIA Licences for Quarries, Borrow Pits etc

7 Supervision and ESIA Licensing

The National Environment Management Authority (NEMA)

NEMA exercises general supervision and, co-ordination of all matters relating to the environment. NEMA is also the principal instrument of the government in the implementation of all policies relating to the environment. The Authority reviews ESIA project and study reports for the proposed projects, visits the project sites to verify information provided in the report and issues EIA licenses if it considers that all the issues relevant to proposed projects have been identified and mitigation measures to manage them have been proposed

8 Health and Safety of Workers

Directorate of Occupational Safety and Health Services (DOSHS)

The Directorate of Occupational Safety and Health Services (DOSHS) is one of the departments within the Ministry of Labour and East African Community Affairs, whose primary objective is to ensure safety, health and welfare of all workers in all workplaces

9 Wildlife Kenya Wildlife Service (KWS) KWS is a state corporation that was established with the mandate of conserving and managing wildlife in Kenya, and to enforce related laws and regulations. It undertakes conservation and management of wildlife resources across all protected and unprotected areas systems in collaboration with stakeholders. KWS will guide and monitor road construction through animal crossing points

10 Water Abstraction Permits

Water Resources Authority (WRA)

Water Resources Authority (WRA) is a state corporation established under Section 11 of the Water Act, 2016. Pursuant to Section 6 of the Act, the Authority is an Agent of the National Government responsible for regulating the management and use of water resources. WRA will provide the necessary borehole and water extraction permits from local water sources

11 Forest Conservation

Kenya Forest Service (KFS) To enhance development, conservation and management of Kenya’s forest resources in all public forests, and assist County Governments to develop and manage forest resources on community and private lands for the equitable benefit of present and future generations.



No. Category Institution Role/Function

12 Cultural Resources

The National Museums of Kenya (NMK)

NMK is a multi-disciplinary institution whose role is to collect, preserve, study, document and present Kenya’s past and present cultural and natural heritage. NMK will provide guidelines in case there are any discoveries or existing cultural and natural heritage resources within the project area

13 Land Acquisition National Land Commission (NCL)

NLC manages public land on behalf of the national and county governments, initiates investigations into present or historical land injustices and recommends appropriate redress, and monitor and have oversight responsibilities over land use planning throughout the country. It will undertake a key role in delivering land acquired through compulsory acquisition for the project.

14 Project Approvals and Support

County Governments of Wajir, Garissa and Isiolo

The County Governments of Wajir, Garissa, Mandera and Isiolo will provide necessary approvals and support through various County departments like Lands, Housing, Environment, Panning and Social Services.

15 Construction Permit

National Construction Authority In terms of dealing with construction permits, the 2011 National Construction Authority (NCA) Act and its accompanying regulations—passed in 2014—now require contractors to register with and obtain a compliance certificate from the NCA before construction can begin. The requirement’s objective is to ensure construction professionals meet minimum standards to perform work.



5.8 Gap Analysis

131. Both the World Bank safeguards policies and Kenyan laws are generally aligned in principle and objective: Both require Environmental Assessment before project design and implementation (which also includes an assessment of social impacts). Both require public disclosure of ESIA reports and stakeholder consultation during preparation. Similarity is also seen where OP 4.01 categorizes project into A B and C depending on level of risk Kenyan Environmental regulation defines project into risk categories of high medium and low. EMCA recognizes other sectoral laws while WB has safeguards for specific interests. World Bank safeguard policies require that environmental reports for projects are made available to project affected groups, local NGOs, and the public at large. Public disclosure of EIA reports is also a requirement of the national ESIA procedures in line with the provisions of EMCA, 1999 as elaborated in the Environmental Impact Assessment and Audit Regulations, 2003.

132. Public participation and consultation are clearly outlined in the constitution and EMCA and so no much difference with the World Bank policies. Disclosure of ESIA study reports prepared in line with EMCA provisions should follow the same procedure. EMCA does not require disclosure of final environmental project reports. However, in order to meet WB disclosure requirements, environmental project reports (PRs) must be disclosed by the KeNHA following the World Bank OP/BP 4.01 Environmental Assessment disclosure requirements . The approved version of the report should be posted at KeNHA websites as well as World Bank external website to ensure all interested parties can access it.. 133. In Kenya, it is a mandatory requirement under EMCA 1999 for all development projects (Schedule Two) to be preceded by an EIA study. Thus, under the Laws of Kenya, environmental assessment is fully mainstreamed in all development process consistent with World Bank safeguard policies on EA. All the Sub projects under the NETIP will be screened under schedule II of EMCA for application of appropriate tools. Please refer to annex 5 for detailed gap analysis comparison of the Kenyan environmental legislation and relevatnt world OPs



TYPOLOGY OF POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS

AND MITIGATION MEASURES

134. This section presents the assessment of potential environmental and social impacts associated with the construction and operation of the Project. The section provides potential impact throughout the project phases. The section distinguishes between the impacts associated with generic construction activities that would be the direct responsibility of contractors from sector-specific impacts that would be the responsibility of KeNHA. Impacts that are directly related to construction activities would be directly managed by contractors. They also include impacts related to the construction or management of project related facilities by the contractor, such as offices, storage facilities or guard houses. 135. Contractors are expected to conduct all works using workers that already reside in the towns or centres where the works are conducted. Thus, subprojects will trigger minimal labor influx and contractors will be encouraged to hire unskilled labour from the host community. The following is a list of the expected construction and operation phase related impacts

6.1 Environmental Impacts

136. The typical generic environmental impacts from construction activities include:

Dust generation during excavation, backfilling, and compaction

Increased levels of noise and vibration due to heavy vehicles and construction machineries

Air pollution due to emissions from construction vehicles and machinery

Poor management of liquid wastes, leading to soil or groundwater pollution

Poor disposal of construction debris and waste materials

Bad odors

Soil erosion

Clearance of vegetation

Destruction of significant physical cultural property

Restricted access

Production of hazardous, or potentially hazardous, wastes from: (i) clearing of damaged materials; and (ii) use of chemical materials during construction

Work related accidents and injuries

Risk to workers from hazardous material used for construction, such as acetylene, petroleum, diesel, lubricating oil, paints, and chemicals.

Poor onsite sanitation or water supply, leading to illness and disease

Risk to workers due to the ongoing security concerns in the area and;

Impacts related to labor influx, GBV and SEA;

Land take resulting to involuntary resettlement;

Erosion of cultures and deterioration in livelihoods of VMGs;

6.2 Social Impacts and Risks

137. .Social Impacts expected under this project include;

Demographic impacts : in migration, out migration, presence of newcomers, presence of construction workers, presence of seasonal residents, presence of weekenders, resettlement and land acquisition, rural-urban migration, urban to rural migration.

Economic impacts : impoverishment, inflation, economic empowerment

Geographic impacts : conversion and diversification of land use, urban sprawl, gentrification, enhanced transportation and rural accessibility, physical splintering,



Sociocultural processes : segregation, social disintegration, cultural differentiation,

Health and social wellbeing impacts: death of workers, death of community members, GBV, uncertainty, annoyance, dissatisfaction,

Quality of living environment impacts: perceived quality of the living environment, actual quality of living environment, disruption of daily living practices, aesthetic quality, availability of housing facilities, adequacy of social infrastructure, perception of personal safety and fear of crime, crime and violence.

Economic impacts and materials and well being impacts: access to public goods, access to government and other social services, income both cash and inking income, burden of national debt

Cultural impacts: change in cultural values, cultural affrontage (violation of sacred sites, breaking of taboos and other cultural norms), loss of local language or dialect, loss of natural and cultural heritage (damage to or destruction of cultural, historical, archaeological or natural resources including burial grounds, historic sites and places of religious, cultural and aesthetic value.

Family and community impacts: alterations in family structure, changes in sexual relations, family violence and GBV, Sexual Exploitation and Abuse (relationship between community members and project workers), disruption of social networks, changed demographic structure of the community, social differentiation and inequity, social tension and violence.

Institutional, legal, political and equity impacts: integrity of government and government agencies (absence of corruption, competence in which thy perform their tasks), loss of tenure or legal rights, loss of subsidiarity, violation of human rights, participation in decision making, access to legal procedures and to legal advice, impact on equity (notion about fairness in the distribution of impacts across the community)

Indicative gender relation impacts : gendered division of household labour, gendered division of reproductive labour, gender based control over and access to , resources and services, equity of educational achievement between girls and boys

The management of some project specific impacts will be the responsibility of KeNHA. This includes;

Temporary land-take for construction purposes.

Loss of Land and property affected by the construction and operation of the sub project activities

138. Criteria used to assess project-induced vulnerability include pre-project poverty, household composition, income, food supply, housing, social support, and health. In addition, marginalization of affected households due to temporary/permanent displacement during the construction phase. The criteria are used to establish household vulnerability relative to local conditions. Vulnerability thus becomes locally defined as those households that are recognized to be in a difficult situation against the background of general poverty in the area. 139. Vulnerability should be viewed in two stages: pre-existing vulnerability and transitional hardship vulnerability. Pre-existing vulnerability includes that stage which would be present with or without project development. Transitional hardship vulnerability occurs when those directly affected by the project, whether predisposed or not, are unable to adjust to new conditions due to shock or stress related to project activities. 140. Project measures to identify vulnerable households and individuals include:

• Participatory engagement techniques to confirm community perceptions of well-being and to identify at-risk households

• Analysis of baseline data to identify at-risk households • Implementation of household monitoring surveys designed to reveal trends in social welfare

(household composition, assets, sources of income, expenditures….)



• Self-registration of households that identify themselves as vulnerable or at risk; with all such registrations leading to an evaluation of that household by the Project/investor team in order to assess the households’ vulnerability

• Regular visits to all physically-displaced households and any economically displaced households identified as vulnerable during resettlement planning and implementation processes to re-assess those households’ vulnerability. Such visits will occur at least once a quarter; and each visit will be recorded in the database flagging changes to indicators that are problematic.

6.3 Cumulative Impacts

141. The broader Area of Influence (AoI) for NETIP sub project activities includes the greater corridor along the proposed alignment of the proposed road, in which other developments within the broader AoI that would contribute to cumulative environmental and social impacts are located. Cumulative impacts are those impacts that act together with other impacts (including those from concurrent or planned future third party activities) to affect the same resources and/or receptors as the Project. Hence, Cumulative environmental impacts can be defined as those on the environment which are caused by the combined results of the past , current an dfuture activities. Overtime, direct and indirect human activities combine to collectively impact the environmenent. 142. . The cumulative impacts that would result from a combination of the proposed sub projects activites under NETIP and other actual or proposed future developments is presented in Table 9 below:

Table 9:Summary of likely cumulative impacts

Environmental Topic Potential Cumulative Impacts

Pollution of Soil and Water This will occur cumulatively through the various phases of campsite establishsment, implemenmtation of sub projects and road construction works, by accumulation of various pollutants like fuels and oils . However, the implementation of the proposed mitigation measures should reduce impact to a minimum

Vegetation loss Vegetation loss would occur during site clearance for campsite, material sites, construction of sub-projects, access routes and road constrction works. Vegetatio loss will be compensated by planting trees around the campsites, material sites and along the road. The cumulative effect of this development on vegetation will not be significant

Air Quality Air quality in this area and its environment will be potentially affected by dust and air emissions from construction works and material sites. This will happen mostly during clearing the construction site , quarry sites and borrow sites, during material haulage, equipment and vehicular movements. The implementation of mitigation measures will significantly reduce impact. The cumulative effect on air quality due to the above activities therefore is insignificant

Noise and Vibration There is the potential for cumulative noise impacts will increase from the utilization of equipment , vehicles and generators on the construction works and campsites. Implementation of proposed mitigation will reduce this impact to a minimum.

Waste Generation of wastes will cumulatively occur through the various phases of construction works and establishment of camps. This waste will be domestic, construction debris, packaging materials , cut to spoil materials , stationery and plastics. Implemntation of the mitigation measures will significantly reduce the impact



Environmental Topic Potential Cumulative Impacts

Social Impacts including: Labour influx, Crime, increased conflicts, impacts on children, GBV sexual exploitation and abuse

The influx of workers from outside the project area during construction works , establishment of camps and other auxillary facilities , may trigger illicit behaviours, alcoholism an dchild abuse . This may result into spread of HIV/AIDS, increased crime rates, school drop outs , sexual exploitation and abuse , gender-based violence and violence against children within the communities. These impacts will cumulatively increase with increase in project activities. Implementation of mitigation measues will significantly reduce this impact to a minimum.

Water resources The region is water stressed area, there will be high demand for large volumes of water for road construction works and for use in the campsites and other auxillary facilities. This will increase demand for water and competing for available water with the communities during the dry seasons. These impacts will cumulatively increase with increase in project activities. Implementation of mitigation measues will significantly reduce this impact to a minimum.

6.4 Mitigation Measures/Tools

143. Resettlement Policy Framework: apply the measures described in the RPF to all sub-projects under the NETIP where these involve land acquisition, including agreeing a common approach. The RPF is designed to fill the gaps between Kenyan law and practice and the requirements of the Bank's OP 4.12 Involuntary Resettlement, most importantly in relation to:

• Extent of coverage (to include persons with non-formal property rights); • Timing of payments (to be done before not after loss of assets); • Relocation and resettlement (assistance with resettlement to be provided); • Livelihood restoration (measures to ensure effective livelihood restoration to be provided); • Consultation (to be more inclusive and to be used in planning); • Grievance redress mechanisms (to be created and/or improved)

144. As part of the subproject planning process, a social impact assessment will be conducted by KeNHA to determine the impacts of the proposed sub-projects to the local residents and other stakeholders. The study will look into the current social and environmental conditions in the Project area, issues and concerns, persons that control or influence public opinion, and possible impact of project implementation to these identified elements. A Social assessment covering vulnerability assessment has been carried out by KeNHA. This included analysis of the socio-economic and cultural characteristics of the VMGs in the project area, undertaking of Free Prior and Informed Consultation, determining how VMGs will benefit from the project and evaluating the project’s potential positive and adverse effected on these groups of people. The primary objective of the vulnerable person’s assessment and assistance measures is to avoid the occurrence of project-induced vulnerability, and if it occurs, to mitigate this through preventive and follow-up measures. 145. Social Assessment: The project area has presence of pastoralist communities that meets the criteria in OP 4.10. A social assessment was carried out in accordance to World Bank’s O.P 4.10, Free, Prior and Informed Consultations (FPIC) with Vulnerable and Marginalized Groups (VMGs) lead to broad community support for the project. The SA analyzed VMGs social issues, establish project impacts, mitigation measures and FPIC that informs the design of the project. This SA will enable the project to be responsive to social development concerns, including seeking to enhance benefits for vulnerable and marginalized groups, while minimizing or mitigating risk and adverse impacts. It analyzes distributional impacts of intended project benefits on VMGs and identifies differences in assets and capabilities to access the project benefits.



146. Gender mainstreaming in the Project planning and implementation is one way of implementing the GAP. If the effect of sub-project implementation is the further disparity between women and women, then a GAP (Gender Assessment Plan) will be prepared to identify and assess the challenges and opportunities for women in the Project, and recommend measures on how to integrate gender concerns in the planning and implementation of the Project. The rights of women are protected in the Kenyan Constitution. Women are given the right to education, allowed to work, own properties, hold public office, and receive inheritance. Under the Project, if disparity between men and women occur during implementation such as priority in hiring, pay rates for similar work done, safe working environment, health and sanitary facilities in the work place and office and others, then there is a need to mainstream gender concerns in the project. To do this, there is a need to conduct a study to identify and assess gender issues and opportunities in the project and the locality. The results of the study would serve as guide in adopting and updating the GAP into all stages and components of the Project. The updated plan will identify the project activities and its impacts on women, and propose mitigation and enhancement measures, name point/focal persons/organizations responsible of carrying out the measures, name verifiable indicators to monitor performance, prescribe implementation time frame and budget. The GAP comes with it, a monitoring program that will help decision makers keep track of the GAP implementation in order to assess if the mitigation is effective, else alternatives measures need to be put in-place. These plans are subject to disclosure to seek the comments and suggestion of Project stakeholders; and final approval by the Project owner and the World Bank. 147. GBV Risk. Assessment of project-related Sexual Exploitation and Abuse (SEA)/GBV has been conducted during project preparation and noted to be high risk, the project will adopt a robust approach to address potential GBV risks. Relevant mitigation measures to address these risks will be included in the ESMP and other relevant safeguard instruments as follows:

Code of conduct (CoC) for project workers with SEA/GBV-related protections, to be signed and understood by all contractor and consultant staff;

Plan for sensitization/awareness raising for the community and intended training activities for workers on CoC and SEA provisions;

Mapping and collaboration with GBV service providers;

A Reporting and Response Framework that outlines key requirements for reporting cases if they arise and measures to enable safe, ethical, survivor-centred response;

An Accountability Framework that outlines how the KeNHAs/contractors will handle allegations, including related to investigation (in alignment with national processes) and sanctions for potential perpetrators.

Establishment of special channel/procedures for safe, confidential reporting of GBV incidence that connect to the project GRM, and enable training of GRM operators on how to respond to cases that come forward.

GBV requirements to be clarified in bidding documents (including requirements for CoCs, training of workers, and how GBV related costs will be covered in the contract); bid evaluation to include consideration for GBV response proposal; and

Make additional funds available to implement measures to address GBV and SEA risks and impacts that may arise during project implementation

148. The project will also include provision of capacity building and training of relevant stakeholders, including contractors and project workers, in additional to capacity building for government partners. A NGO with GBV expertise will be hired to support KeNHA and a technical specialist will also be brought on board to support the Supervision Consultant. GBV risks should be monitored throughout project implementation through regular re-assessment, particularly as new project locations are determined, and through regular monitoring engagement. This section is also presented as Annex 5 of this ESMF and relevant provisions should be incorporated into the ESMP of each subproject. 149. Labour risks. Due to the magnitude of the works and the requirement of a significant number of workers, KeNHA and the contractor(s) will prepare and implement labor management procedure and Contractor’s labour management plans as part of the Contractor’s ESMP which will apply to the workers on the projects. These procedures and plans will be submitted for review and approval by the World



Bank.The contractors LMP will be submitted for review by KeNHA and for clearance by the World Bank before the contractor is allowed to mobilize to the field. A guideline for preparation of labour management procedure is provided in annex 13.

150. Security Risk. Considering significant security risks in some parts of the project counties (Especially Wajir- Elwak Section) of NETIP, the project will take appropriate and proportionate security measures to minimize the potential risk to the workers. Key security measures will include security protection by government security personnel to prevent terrorist attacks; restrictions on work hours where security risks are higher (such as night time); and measures to maintain low profile of the site and workers). KeNHA has prepared a Security Management Plan (SMP) in conjunction with security agencies at noth the national and sub-national level to address external security risks (such as potential community conflicts andterrorism), KeNHA has prepared SMP which incorporates international good practices including the WB Good Practice Note “Assessing and Managing the Risks and Impacts of the Use of Security Personnel34” (such as the training of security officers on the principles of proportionality in the use of force.).

151. Chance Find Protocols In the event of chance finds of items of cultural significance (e.g. religious shrine, archaeological site, cemetery, etc.), all forms of excavation in and around the site will be stopped. Subsequently, experienced archaeologists and anthropologist would be recruited to carry out an investigation and proposed plans for the protection and preservation of such cultural artefacts (Annex 3). During the project site induction meeting, all contractors will be made aware of the presence of an on-site archaeologist who will monitor earthmoving and excavation activities. The following procedure is to be executed if archaeological material is discovered.

All construction activity near the find/feature/site will cease immediately;

The discovered find/ feature/ site will be delineated;

Record the find location, and all remains are to be left in place;

Secure the area to prevent any damage or loss of removable objects;

The on-site archaeologist will assess, record and photograph the find/feature/ site;

The on-site archaeologist will undertake the inspection process in accordance with all Project

health and safety protocols under direction of the Project Health and Safety Officer; and

In consultation with the statutory authorities the on-site archaeologist will determine the appropriate

course of action to take.

152. The overall impact assessment of the proposed subprojects reveals that most of the adverse impacts could be minimized or eliminated by adopting standard mitigation measures; there is also scope to enhance some of the beneficial impacts to be generated from the proposed subprojects. Table 10 shows the sub project activities, potential impacts and the mitigation and enhancement measures that could be applied to the subprojects under NETIP.

153. In order to identify mitigation/enhancement measures, the potential impacts are typical common impacts to be experienced in most subprojects, typical activities to be carried out under different subprojects and suggested mitigation and enhancement measures. It also assigns responsibility for implementation of mitigation and enhancement measures. Obviously all subprojects would not generate

all the impacts listed in Table 10 at the same level/magnitude.

34 http://documents.worldbank.org/curated/en/692931540325377520/Environment-and-Social-Framework-ESF-Good-Practice-Note-on-Security-

Personnel-English.pdf



Table 10: sub project activities impact and the mitigation and enhancement measures

Activity/Issue Phase Potential Impact Proposed Mitigation Measure Responsible party

Construction and operation of labor shed for workers

Construction Generation of sewage and solid waste; water/ environmental pollution

Construction of sanitary latrine/ septic tank system

Segregate waste at source, hiring of licensed waste handlers

Erection of “no litter” sign, provision of waste bins/cans, where appropriate (not sure the relevance to health of workers).

Raising awareness about hygiene practices among workers

Contractor (Monitoring by KeNHA)

Possible development of labor camp into permanent settlement

Contractor to remove labor camp at the completion of contract

Outside labor force causing potential negative impact on health and social well-being of local people

Contractor to employ local work force, where appropriate; promote health, sanitation and road safety awareness

General construction works for subprojects also applies to fibre optic related works impacts that may include disturbance to soil and some vegetation (trees) during excavation and construction of the trench. Water quality may also be affected through discharges (oil, paint) from machinery and other equipment. There is also potential for dust generation, which will be limited to construction areas and nearby surroundings; additionally, emissions from mobile machinery is also anticipated. Decommissioning of the

Construction Drainage and flooding Provision for adequate drainage of storm water

Provision of adequate diversion channel, if required

Provision for pumping of congested water, if needed

Ensure adequate monitoring of drainage effects, especially if construction works are carried out during the wet season

Contractor (Monitoring by KeNHA

Air pollution Ensure that all project vehicles are in good operating condition, through routine maintainance

Spray water on dry surfaces/ unpaved roads regularly

Maintain adequate moisture content of soil during transportation, compaction and handling

Sprinkle and cover stockpiles of loose materials (e.g., fine aggregates)

Avoid use of equipment such as stone crushers at site near residential areas, which produce significant amount of particulate matter (wet crushing should be encouraged, location of the facilities away from settlements or residential areas

Traffic congestion, obstruction to pedestrian movement

Schedule deliveries of material/ equipment during off-peak hours

Flagman for traffic control

Arrange for signal light at night



cable is anticipated to have minimal impact as the cable will be left in-situ

Noise pollution Use of noise suppressors and mufflers in heavy construction equipment

Strict control of timing of activities within authourized working hours and discouraging night working

Avoid using of construction equipment producing excessive noise at night

Avoid prolonged exposure to noise (produced by equipment) by workers

Regulate use of horns and avoid use of hydraulic horns in project vehicles

Water and soil pollution

Destruction of aquatic habitat

Prevent discharge of fuel, lubricants, chemicals, and wastes into adjacent rivers/ drains.

Install sediment basins to trap sediments in storm water prior to discharge to surface water.

keep noise level (e.g., from equipment) to a minimum level, as certain fauna are very sensitive to loud noise (e.g., during construction over river/wetlands)

Felling of trees, clearing of vegetation

Replant vegetation when soils have been exposed or disturbed.

Restrict vegetation stripping to project sites to minimize project footprint

Replant felled trees with similar trees species

OHS Accidents Training workers on OHS, instituting health and safety committees, daily tool box meetings for workers, carrying out hazard assessments for task/assignments

Follow standard safety protocol.

Environmental health and safety briefing.

Provision of personal protective gears as specified in OSHA 2007

Provision of appropriate protective measures against accidental fall from elevated height (e.g. using body harness, waist belts, secured climbing devices, etc.)

Availability and access to first-aid equipment and medical supplies

Spills and leaks of oil, toxic chemicals

Good housekeeping.

Proper handling of lubricating oil and fuel.

Collection, proper treatment, and disposal of spills.

Health and Safety Construction Construction activities will expose staff to risks of accidents and incidents while undertaking excavations and trenching, installation of contractor facilities,

Contractors’ selection criteria should include ability to demonstrate having some defined minimum requirements for Safety and Health Management System. OSHA 2007 requirements can be used to set the minimum requirements;




operating mobile machinery, electrically powered equipment and materials delivery vehicles. Occupational health and safety measures should be undertaken to avoid falling from heights, heavy lifting activities and electrical shock, exposure to excessive body vibrations and noise, fire hazards, hot bitumen, wildlife attack and snake bite etc. which can result in injures or even fatalities. Adherence to OSHA and its regulations will significantly reduce occupational safety and health risks associated with the project implementation.

Contractor will be required to establish a comprehensive site-specific Health and Safety Plans and implement it throughout the construction period;

Contractor must obtain a registration of workplace certificate from DOSHS and comply with the subsequent requirements of the Health and Safety Committee Rules 2004 of the OSHA Act;

Enforce use of defined standard operating procedures for handling various activities, depending on risks levels;

Ensure adherence to Health and Safety Policy during construction activities;

Establish an emergency response procedure and display contacts on all work areas;

Provision of a standard first aid kit at active construction sites at all times and a designate qualified first-aider as per the OSHA requirements;

Contractor (s) to maintain an accident register; carry out accident and incidents investigations and implement corrective actions;

Undertake staff and visitor safety induction;

Establish a Health and Safety Committee for the project construction team as per the Health and Safety Committee Rules 2004 of the OSHA Act

Engage a qualified Health and Safety auditor to conduct routine and annual Health and Safety (H&S);

Provide appropriate and adequate Personal Protective Equipment (PPE) to workers;

Abide by standard best practice health and safety provisions in the construction contract;

Establish and enforce a strict code of conduct for all project drivers including outside suppliers delivering materials. The code shall focus on safety, especially speed, and loading, especially banning all carriage of staff, workers and passengers except in seats;

Provide medical care for all staff as necessary as allowed in the Kenyan Law including securing a worker insurance cover as required under WIBA;

Implement road safety campaigns addressing construction zone dangers and encourage motorists to exercise caution when driving through work zones.

Conduct toolbox and monthly safety meetings;

Undertake routine safety inspections. -



Community Health Safety Construction During construction works, the general public may be exposed to injuries from various construction activities like accidents involving construction trucks or other mobile equipment, falls or slips into unprotected trenches/ditches etc.

Accidents involving community members may strain relations between project implementers and host community members and even disrupt programs. Similarly, the contractor may be subject to litigation enjoining even the implementing agency. The contractor thus needs robust safety and health management plan that covers not only workers but the general public as well. Some areas where serious precaution is needed include towns and centres, market areas, areas with institutions such as schools and hospitals, and mosques where community members tend to cross the roads regularly.

Children have low conscience of the inherent risks present at construction projects such as abuse, accidents and exploitation. Children are easily attracted around active construction sites to watch ongoing activities obliviously.

Establish and maintain continuous liaison with the host communities including sensitization on safety and health issues on construction sites;

Prepare and implement construction traffic management plan, incorporating safety of other traffic;

Install and maintain appropriate safety and warning signages along road sections and other construction sites like quarries, batching plants and camps where works are undergoing.

Use of local language and images for signage shall be encouraged;

Ensure that all potentially dangerous work areas have controlled access limited to authorized persons only;

Ensure proper and adequate provision of sanitation and waste management facilities at all construction sites;

Maintain a system of receiving and responding to any safety concerns by the communities;

Undertake general and third-party insurance liability covers as appropriate.

Ensure all open trenches and excavated areas shall be backfilled as soon as possible after cable laying and construction has been completed

Training and awareness raising to community and workforce on HIV/AIDs and other STD and communicable diseases


Soil Erosion and degradation in challenging topography

Construction Impact of soil erosion and affectation of productive lands on project footprint especially for mountainous topography.

Requirement of drains maintenance, especially in hilly topography of the subprojects footprint in order to avoid soil erosion and affectation of productive lands.


Labour Influx and Social Change

Construction During construction phase it is expected that there will be an influx of workers from varied cultures and social practices. The

The Contractor will establish a community liaison system to handle complaints from the community. This system will include establishment of a community liaison desk that is easily accessible by the community

KeNHA and Contractor



project area on the other hand can be categorised into rural, peri-urban and urban settlements hence resulting in a range of cultures from homogenous conservative communities to metropolitan/cosmopolitan communities in the major towns. Influx of workers triggers the mushrooming of slums as workers opt for low-cost accommodation. Construction camps are set up by the contractor to provide living and eating areas for workers and also have separate areas for storing equipment and stockpiling material.

Interaction with the project staff can therefore lead to positive influences in the form of promotion of diversity in ways of thinking, experience of new cultures and exposure to new expectations in goals and achievements. On a higher level, these influences can result in adoption of new trends in social interaction, modes of dressing, leisure time activities and spending habits.

These interactions can however lead to negative attitudes if it is perceived that the new trends have resulted in vices and deviant behaviour such as gender-based violence, sexual exploitation and child labour.

representatives and their leaders.

The Contractor should prioritize employing locals as casuals to reduce the need for labour influx;

Ensure there is adequate security and reasonable controlled access to project offices and residential quarters of immigrant staff;

Employment policy of the construction contractor should prohibit deviant behaviours at the workplace among staff such as cultural profiling, sexual exploitation, child labour and gender-based violence;

The contracts for project employees will detail codes of conduct with regard to interaction with the local community, use of public and social amenities in the locality, handling of complaints from the local community; and

Contractor to establish a grievance management system to handle internal and external complaints.

Crime management Construction The influx of labour a specific project area or site especially during construction, and the settlement changes due to economic development of the area after project completion has

The Contractor and Supervision Consultant should report all activities of a criminal nature on the worksite or by the Contractor’s employees (whether on or off the worksite) to the police and undertake the necessary follow-up.

Crime reports should include nature of the offense, location, date, time, and all other pertinent details

KeNHA and Security agencies working with Contractor



the potential to lead to a number of negative socio-economic impacts, including increased insecurity and community conflicts, increased incidences of diseases (as mentioned above); increased risk of accidents and occupational hazards. Crimes might occur in the project area during the construction and operation such as stealing of construction materials or individual property, fighting, petty crimes such as pick pocketing, drug abuse and alcoholism among others. Migration and settlement by new people could lead to increase of negative vices in the project area during operational stages of the road

Sensitize the construction workers, locals, and security to be on the lookout on suspicious activities near the site

Enforce the crime related clauses in the Code of conduct signed by all workers (a general code of conduct guideline is provided in annex 14)

Sexual exploitation and abuse (SEA) of under-age girls

Construction There is potential of the contractor employing children who have not reached the employment age, therefore violating the child labour laws of the borrower. The laws of Kenya prohibit contractors from “employing children in a manner that is economically exploitative, hazardous, detrimental to the child’s education, harmful to the child’s health or physical, mental, spiritual, moral, or social development.

In addition, there is a potential risk of project workers engaging in illegal sexual relations with minor girls, leading to HIV infection, teenage pregnancy, early child marriage, illegal and risky abortions, school dropout, etc.

Workers will be educated by relevant agencies such as police and probation officers on the relevant laws and polices protecting children

Reach out to children in and out of school in the vicinity of the construction sites with a life skills program focusing on HIV/AIDS and sexual abuse prevention among others areas

Mobilise and strengthen child protection institutions and structures near construction sites

Reach out to school authorities and parents near construction sites on paying special attention to child protection in light of labour influx

Partnerships will be established with relevant government agencies and NGOs to ensure children access survivor centred services such as medical care, psychosocial support, legal redress, safety, etc as and when necessary

Ensure no children are employed on site in accordance with national labor laws

Ensure that any sexual exploitation and abuse (SEA) of children by the contractors’ workers are promptly reported to the police

Popularize /put in place confidential mechanisms for reporting child abuse cases

KeNHA supervising Contractor



Enforce the child protection related clauses in the Code of conduct signed by all workers

Ensure visibility of signage and information, education and communication materials on such issues in the construction sites

Liaise with the administration units (County and sub County governments, Police, DO, chiefs, etc.) to provide regular surveillance and patrols to protect workers and unacceptable behavioural interaction of children and workers

Gender based violence (GBV), rape and sexual harassment

Construction Due to labour influx for some project activities such as construction works, the project could exacerbate GBV, sexual harassment and other sexual offenses such as rape. Construction workers may engage in sexual fraternization with wives of other people. In addition to this being a driver of HIV infection, it will lead to domestic conflicts, GBV and domestic violence at household level. Women who seek employment may also face demands for sexual favors before being employed which amounts to sexual harassment. Even when employed, women may face continuous and unwanted demands for sex and risk losing their jobs if they do not give in. Women in the community and places of work may also face the risk being subjected to verbal harassment in the form of insults and demeaning comments in addition to unwanted gestures and touches by construction workers. Sexual harassment of women and girls might also happen as a result of mixing of women and men at worksites

Contractor to prepare a labour management plan

Contractor to prepare and enforce a No Sexual Harassment Policy in accordance with national law where applicable

All workers and nearby communities and stakeholders will be educated on preventing and responding to sexual harassment and GBV ahead of any project related works.

The community within the vicinity of the road where construction will take place will also be educated on gender-based violence and sexual offenses such as sexual harassment, rape and defilement in the context of labor influx and the prevention and response measures.

Strategies such as male involvement will be employed in preventing and responding to GBV and sexual harassment

Partnerships will be established with relevant government agencies and NGOs to ensure survivors of GBV and sexual offenses access survivor centred services such as medical care, psychosocial support, legal redress, safety, etc as and when necessary

Provision of gender disaggregated data, separate bathing, changing, sanitation facilities for men and women

Impose zero tolerance on sexual harassment, all forms of gender-based violence and discrimination at all phases of the project

Grievance redress mechanisms including non-retaliation should be set up for the workers

Liaise with the administration units (County and sub County governments, Police, DO, chiefs, etc.) to provide regular surveillance and patrols to protect workers and unacceptable behavioural interaction of local

The Contractor’s responsibility for workers’ conduct within the worksite supervised by KeNHA



and campsites. Outright rape is also a risk some female employees may face when employed at construction sites. As a result, domestic violence and gender-based violence in homes, where it might have an impact to children who are likely suffer physically and emotionally.

communities and workers

Gender Equity and Mainstreaming in employment

Construction There is potential that gender inequality might occur during project construction through unequal distribution of work, discrimination against women, and unequal pay for women, lack of provision of separate facilities for women, among others. Sexual harassment against women might also happen because of mixing of women and men at the construction site.

Contractor and implementing agency to prepare and implement a Gender Action plan to include at minimum, in conformance with local laws and customs, equal opportunity for employment;

Ensure that women are given adequate employment opportunities during recruitment and job postings, including equal payment

Regular sensitization and awareness campaigns to the workers should be done to promote gender equity in employment during the construction works and during operation

Provision of gender disaggregated bathing, changing, sanitation facilities

KeNHA supervising Contractor

Security Challenges Construction The general project area experiences security challenges with sporadic incidents of attacks by armed gunmen. Security incidences may pose challenges to contractors’ workforce, discourage potential workers from working in the area and also risk of loss of construction equipment like vehicles and other valuable inputs. These may affect overall project delivery and also subject affected workers or their relative to psychological stress. Closer liaison between the implementing agency, the contractor and government security agencies are thus crucial to managing this risk.

KeNHA in liaison with governemrnt security agencies has conducted a secutiy assessment and prepared a security management plan

KeNHA to support the contractor in liaison with government security agencies for security planning and continuous surveillance;

The contractor should develop Emergency Response Plan for his employees, and conduct regular briefs on security emergency, including drills on worksites and campsites;

Workers should be sensitised on security arrangements with regular updates as necessary;

Travel plans to remote locations like off-road borrow sites and quarries should be discouraged based on the prevailing security situation;

Emergency contact list shall be maintained on site and by various teams. This should incorporate satellite communication services between camp-based and Nairobi based offices;

Adequate security should be providing 24/7 at all worksites and campsites, including use of armed




policemen.

GRM for community members to report any abuse by security forces

Code of Conduct signed by security workers

Water scarcity or challenges and potential related conflicts

Construction Water scarcity is a major problem in the area covered given its aridity and lack of well-developed water storage infrastructure. Due to high water demand for construction works, it is difficult to meet the water demand for construction works, local community domestic uses and for livestock from the existing resources. Without participatory exploitation of alternative sources of construction water, conflicts may emerge between the contractor and the local communities. There is also a potential risk of local communities demanding water from the contractor for his construction works, leading to a conflict

The contractor will need to develop independent construction water sources, with potential to abstract water from groundwater resources. With perennial water problem in the area drilling of boreholes is ideal as it will also support the locals after the road construction works are complete;

Consider supplementing ground water supplies with harvesting seasonal surface flows through water pans that may also be handed over to the local communities;

The contractor shall have an agreement with the local communities and county governments on the management of any water sources after the construction of the project. This will include details on how handover and operation will be managed to avoid social conflict within the local communities;

The Contractor must adhere to the Water Act, 2016 and associated rules and regulations as administered by WRA and NEMA. Relevant water abstraction permits must be obtained from these authorities


Cultural Resources and Archaeological Sites

Construction There is potential that new sites may be discovered during the construction works.

Future care demands chance find procedures (as

prescribed by NMK) to kick in for use during the

construction phase. A sample “Chance Finds” is

attached in the Annex 3.

NMK, Contractor and KeNHA

Socio Economic Impacts Construction Increase in the prices of goods and services in the community

Increased demand by migrant labor may affect the local economy positively for producers and providers of some goods and services. This may lead to prices of rent, food and other commodities to rise. This may negatively affect other households who have a fixed income or those who are already barely managing to survive.

The contractor should ensure his workers appropriately

mix the use of locally and non-locally procured goods to

allow local project benefits to balance the local economy

while reducing risk of crowding out of and price hikes for

local consumers

Contractor and KeNHA

Complaints and Construction During construction, the local Provide grievance redress mechanism for the local Contractor and



Grievances/Social Conflict communities and workers may have complaints and grievances regarding the ongoing activities. There is also potential for social unrest among the local population if they are not considered for employment. This can bring negative publicity during construction including stoppage of work and can delay the projects progress. Against the background of this knowledge and expectation, there is a risk of dissatisfaction if procedures of allocation of workforce are not adequately applied, or if they are seen to be applied in an inequitable manner, especially due to local clan political dynamics.

communities and workers;

Advice the public and workers on where to report

grievances;

Consider prioritizing the local manpower for both skilled

and unskilled labour.

Implement proposed grievance resolution mechanism

KeNHA

Increase in migration to the region leading to Cultural Clash

Operation With improved services, diverse people will stream into the project area. The varying backgrounds, cultures and lifestyles of people some may be alien to the native or local community triggering clash or conflict. The local areas are attached to the Islam lifestyle and have established clan identities. Actually, access and control of local resources (especially grazing grounds) in the past has triggered inter clan conflicts

Cultural awareness campaigns involving stakeholders

(public and private sectors) to enhance coexistence with

changing lifestyles

KeNHA



SAFEGUARD PROCESS FOR SUBPROJECTS

7.1 Project Identification

154. . KeNHA Environmental and Social department will assign a focal person to screen all subprojects

under component 1 and 3 that have not been identified before appraisal. Screening will determine the environmental and social issues that the subproject might trigger, and the type and level of assessment required. KenHA will identify the optimal type, location and scope of all social infrastructure and service delivery interventions to be implemented under NETIP.on all the sections of the road which has a total distance of 740km. This exercise will be done through a needs assessment exercise. Based on the fiding of the needs assessment KeNHA will prepare a sub project description 155. KeNHA will identify subprojects, prepare the subproject description, “environmental/social screening” and “analysis of alternatives”. The ESMF presents guidelines (in the form of a simple format) for the preparation of description of the subprojects. Based on these and other relevant documents, KeNHA will assess the requirements for subsequent environmental and social impact assessment (ESIA). Prior review requirements for the World Bank regarding ToRs, ESIAs and ESMPs is detailed in the following section.

7.2 ES Screening and Premiminary Analysis of Alternatives –

156. All sub-projects will be subject to a process of environmental classification and site sensitivity screening. 157. The Environmental Specialist and the Social Safeguards specialist assigned into the PIT will coordinate and lead the screening process. All proposed subproject will be subjected to the screening process to determine and assign them an environmental category (A-C) and further identify potential sensitive environmental and social receptors likely to be negatively impacted. The process will also identify critical issues that might be triggered by the subproject and would need further detailed investigations during environmental and social assessments. This process will also help in advising what safeguards tools (ESIAs, ESMPs, RAPs, ARAPs etc) will be required for the various subprojects. Most importantly, it will help in re-aligning, re-designing and where not possible dropping out sub-projects that have extreme high risk and the potential to negatively impact on the environment, natural habitat and physical cultural resources.

7.3 Environmental categories

158. The following environmental categories will be applied to NETIP sub-projects, as established by World Bank OP 4.01:

• Category A: defined as those that pose significant environmental and social impacts (due to the

scale, type and location of the investment) and will require the preparation of a site specific EIA

for approval;

• Category B: have moderate or limited environmental and social impacts, which can be mitigated

and managed through application of a set of mitigation and management measures and other

safeguard plans included in the ESAP;

• Category C: have minimal or no negative environmental and social impacts and do not require

any further E&S measures.

159. The Kenyan EIA screening procedure has similar categorisation: proposals are screened into risk levels, projects meriting a project report (preliminary EIA), and projects requiring full EIA (see annex 17). . The screening process takes the following criteria into account:

• Affected area;



• Importance and scale of impacts on the environment; and

• The likely degree of public concern i.e. controversial issues which raise public concern as a

result of type and scale of the undertaking, sensitivity of the site location, technology used,

conflict of interest in land issues and any other factor related to a particular project may require

detailed scrutiny and assessment.

160. A template form for Environmental and Social Screening for sub project activities is presented in Annex 1. These will be reviewed and updated as needed during the process. 161. There are some differences between World Bank OP 4.01 environmental categorisation and associated procedures and Kenyan EIA law and regulations, specifically that the Kenya’s law classifies projects based on the type of activity proposed (see annex 17) but the Bank bases the need for a full Environmental Assessment on the results of project-based screening. Consequently, in Kenya mandatory EIA may be required for some projects that the World Bank might place in Environmental Category B and which therefore would not qualify for a full-scale assessment. This ESMF has been developed to ensure that the requirements of both kenyan law and World Bank safeguard policies are met.

7.4 Environmental and Social Risk Levels

162. Assessment of risk for NETIP subproject will be determined according to their environmental risk level. The risk level is to be estimated based on the intrinsic environmental and social risk associated with (i) the type of intervention to be carried out (e.g., maintenance, expansion, upgrading, new infrastructure); and (ii) the specific type of infrastructure proposed. Where a single sub-project includes multiple types of activities/interventions or infrastructure, the risk rating is assigned based on the highest level of risk applicable for any component of the sub-project. The environmental and social risk levels are defined as follows:

Level 1 - Low risk. Subprojects that involve works but do not have impacts beyond generic construction impacts, are likely to have minimal or no adverse environmental and social impact and will not require land acquisition . These subprojects will require an ESMP or ESMP checklist consisting only of a description of the subproject and the Environmental and Social Clauses for contractor. These ESMPs will be submitted to the Bank for review and clearance and will be disclosed by both by KeNHA and the World Bank. Subprojects that do not have a physical footprint (equivalent to Category C in OP 4.01) and do not require safeguards instruments also fall under this risk level. Level 2 - Medium Risk. Subprojects that are likely to potentially result to moderate environmental and social impacts. In addition to the Environmental and Social Clauses for Contractors, these subprojects will require an environmental and social management planfor each of the impacts and will define matching mitigation measures. These subprojects might also require an Abbreviated Resettlement Action Plan (ARAP) prepared under the Resettlement Policy Framework to address possible small pieces of temporary or permanent involuntary taking of land during project implementation. These subprojects will require a set of E&S measures for mitigation and management of impacts and a report in the form of an Environmental and social impact assessment (ESIA) or Environmental and Social Management Plan (ESMP). As required by NEMA for medium risk projects the ESMP will also be submitted to NEMA as a “project report” to inform them of the project activities, geographical area and potential impacts of the proposed development. The requirement in terms of content for a PR report is given in section 5. These ESIAs/ESMPs and (Project Reports for NEMA), will be submitted to the Bank for review and clearance and will be disclosed by both the client and the Bank. KeNHA’s will engage services of an experienced consulting firm/consultant to prepare both the Environmental and Social Safeguards tools required for this category of subproject. Level 3 - High Risk. Subprojects that are likely to cause significant environmental and social impacts. These subprojects will require a full ESIA and detailed ESMP. They might also



require an ARAP or a RAP. All the safeguards documents prepared for this category will be submitted to the Bank for review and clearance, and will be disclosed by both the client and the Bank. Given KeNHA’s current capacity and the nature of environmental and social challenges they may present; they will require diversity of E&S specialist. KeNHA will engage an experienced consulting firm with environmental and social specialist to prepare both the Environmental and Social Safeguards tools required for this category of subproject.

163. The sensitivity ( vulnerability / importance) of the impacted resource or receptor shall be defined using one of the following designations: low, medium or high. As per the magnitude rating, the definition for each designation varies on a resource/receptor basis. Where the resource is physical (for example, a water body) its quality, sensitivity to change and importance (on a local, national, and international scale) are considered.Where the resource/receptor is biological or cultural (for example a protected area), its importance (for example, its local, regional, national, or international importance) and its sensitivity to the specific type of impact are considered. Where the receptor is human, the vulnerability of the individual, community or wider societal group is considered. The sensitivity criteria are designed further in table below.

Table 11: Risk sensitivity criteria

Category

Social and Resettlement Sensitivity

Environmental Sensitivity Physical and

Economic

Displacement

Community

Infrastructure

and Resources

Socio-

Economics

and Income-

Generating /

Subsistence

Livelihoods

Socio-Cultural

Characteristics and

Intangible/ Living

Cultural Heritage

High Dense permanent

housing (larger

populations) or

areas highly

significant for

livelihoods not

available

elsewhere.

Substantial or

highly significant

infrastructures

present (school,

hospital, medical

centre etc.).

Area is

essential for

principle

livelihoods.

Presence of large

number / highly

sensitive intangible /

living cultural

heritage sites.

E.g. pilgrimage sites,

modern tombs,

graves or

cemeteries or

religious buildings.

Landscapes that

feature concentrations of biological diversity including endemic species, and rare, threatened or endangered species, that are significant at global, regional or national levels; and

feature ecosystems and ecosystem mosaics that are significant at global, regional or national levels, and that contain viable populations of the great majority of the naturally occurring species in natural patterns of distribution and abundance; and

feature rare, threatened, or endangered ecosystems, habitats or refugia.

Medium Small-medium

groups of houses,

priority areas used

frequently for

livelihoods, or

businesses

potentially

requiring economic

resettlement.

Some

infrastructure

presents with

some

alternatives

available.

Area is

significant for

principle

livelihoods.

Individual grave

sites.

Landscape features that

include ecosystems and

ecosystem mosaics that are

significant at global,

regional or national levels,

and that contain viable

populations of the great

majority of the naturally

occurring species in natural

patterns of distribution and

abundance.

Low non-priority areas Some Area is used for Intangible cultural Non Ecologically important



Category

Social and Resettlement Sensitivity

Environmental Sensitivity Physical and

Economic

Displacement

Community

Infrastructure

and Resources

Socio-

Economics

and Income-

Generating /

Subsistence

Livelihoods

Socio-Cultural

Characteristics and

Intangible/ Living

Cultural Heritage

used for

livelihoods.

infrastructure

present although

typically

accessed at

alternatives sites.

livelihoods. heritage sites known

to be used. E.g.

views or landscapes.

areas

7.5 Preparation of the TORs

164. KeNHA will prepare draft ToRs ESIAs and ESMPs, and through the KeNHA Project Manager will submit them to the World Bank for review and clearance. Annotated outlines for ESIAs, ESMPs and TOR are annexed (Annex 11 and 15). ESMPs should identify and summarize expected subproject environmental and social risks and impacts following mitigation and present measures designed to attain these results, including monitoring and reporting requirements, expected timelines for their implementation, and costs and accountability for the implementation and supervision of the agreed mitigation measures. It should specify the parameters to be monitored, methods to be used, sampling locations, and the frequency of measurements.

165. The draft ESIAs and/ or ESMPs (Project Reports) will be submitted to the KeNHA’s safeguards team for review, thereafter the ESIAs and/ or ESMPs (Project Reports) will be submitted to the World Bank for review and clearance. KeNHA will submit the cleared ESIAs and/ or ESMPs (Project Reports) to NEMA for statutory review and ESIA licensing.

166. Where NEMA and Lead Agencies ascertain that a project report has disclosed adequate mitigation for identified impacts, NEMA would issue an ESIA License authorizing the project to proceed. The license would specify conditions to be met by the proponent for during construction and operation of the project. Typical conditions include:

• Period after issuance of license within which the subproject must commence, usually 24 months;

• The proponent must seek written approval from NEMA for any operational changes; The period after commencement of the project within which the proponent should undertake an Environmental Audit and submit an EA report to NEMA;

• NEMA to take appropriate action against the proponent in the event of breach of any of the conditions of ESIA license.

• If the Project Report (PR) does not disclose adequate mitigation measures or that the project has significant irreversible environmental and social impacts the proponent will be required to undertake an ESIA study. NEMA will write to the proponent to undertake scoping, prepare Terms of Reference (ToR) for ESIA study and submit these for approval prior to commencement of the study.

7.6 Preparation of the Safeguard Instruments

167. KeNHA will competitively select consultants to prepare ESIAs and ESMPs for subprojects classified as high risk and medium risk under the risk classification provided in section 5 For subprojects classified as low risk preparation of ESIA’s and ESMPs will be done in house by the environmental and social department of KeNHA but for subprojects desgniated as high risk the ESIA shall be prepared by an independent Consultant hired by KeNHA. The designated officer within KeNHA will supervise the preparation of the instruments and interact with the consultants. KeNHA Project Manager will submit draft ESIAs and ESMPs to the World Bank for review, clearance and disclosure.



7.7 Implementation of Subproject Mitigation Measures

168. KeNHA will be responsible for implementing measures in ESMPs that are beyond the control of contractors. In addition, subprojects should regularly consult with project affected persons and communities throughout subproject implementation, as necessary, to address safeguards-related issues that affect them.

7.8 ESIA/ESMPS Of Subprojects

169. Depending on the type of environmental and social impacts as will be determined during the ES Screening, KeNHA will be required to undertake environmental and social due diligence and carry out the relevant Environmental and Social Assessments according to the guidance in the ESMF, the Resettlement Policy Framework, and the SA. Specifically, for sub-projects preliminarily determined to be a level 1, 3 or 3, KeNHA will arrange a visit to the site to obtain more information on the key environmental and social concerns including site sensitivity, and on how the KeNHA intends to address them. 170. For Level 1 – Low Risk sub-projects: Level 1 will submit ESMP which will be based on a quick assessment, and the ESMP will be reviewed by the World Bank.. For Level 2 – Medium Risk sub-projects: a set of E&S measures for mitigation and management of impacts will be attached in the form of a Detailed Environmental and Social Management Plan (ESMP). As required for medium risk projects the ESMP will also be presented to NEMA as a project report or ESIA depending on the sub project to inform them of the project activities, geographical area and potential impacts of the proposed development. The requirement in terms of content for a Project Report (PR) is given in Annex 11. The ESMP will require the World Bank review and clearance whilst the and Project Report will require NEMA review and issuance the ESIA License. For Level 3 – High Risk sub-project: KeNHA is required to undertake a full ESIA study assessment as per the requirements of OP/BP 4.01 , the ESIA ToRs will be reviewed and cleared by the Bank and an independent Consultant recruited to prepare the ESIA. As part of statutory requirement a ToRs will be submitted to NEMA for approval and final ESIA for review and licensing. Error! Reference source not found. describes the national EIA process.

7.9 Preparation of ESMP for Level 1, 2 and 3 Subprojects

171. An ESMP consists of the set of mitigation, monitoring, and institutional measures to be taken during implementation and operation of a project to eliminate adverse environmental and social risks and impacts, offset them, or reduce them to acceptable levels. The ESMP also includes the measures and actions needed to implement these measures. ESMP is meant to;

• identify the set of responses to potentially adverse impacts;

• determine requirements for ensuring that those responses are made effectively and in a timely

manner; and

• describe the means for meeting those requirements.

172. For NETIP depending on the project risk classification in comparison with NEMA risk classification the ESMP may be prepared as a stand-alone document or presented as ESIA project report. The content of an ESMP will be consumereate to the sub project risk and should contain elements content of the following contents;

7.9.1 Mitigation



173. The ESMP identifies measures and actions in accordance with the mitigation hierarchy that reduce potentially adverse environmental and social impacts to acceptable levels. The plan will include compensatory measures, if applicable. Specifically, the ESMP:

• identifies and summarizes all anticipated adverse environmental and social impacts (including

those involving indigenous people or involuntary resettlement);

• describes—with technical details—each mitigation measure, including the type of impact to

which it relates and the conditions under which it is required (e.g., continuously or in the event

of contingencies), together with designs, equipment descriptions, and operating procedures, as

appropriate;

• estimates any potential environmental and social impacts of these measures; and

• takes into account, and is consistent with, other mitigation plans required for the project (e.g.,

for involuntary resettlement, indigenous peoples, or cultural heritage).

7.9.2 Monitoring

174. •The ESMP identifies monitoring objectives and specifies the type of monitoring, with linkages to the impacts assessed in the environmental and social assessment and the mitigation measures described in the ESMP. Specifically, the monitoring section of the ESMP provides (a) a specific description, and technical details, of monitoring measures, including the parameters to be measured, methods to be used, sampling locations, frequency of measurements, detection limits (where appropriate), and definition of thresholds that will signal the need for corrective actions; and (b) monitoring and reporting procedures to (i) ensure early detection of conditions that necessitate particular mitigation measures, and (ii) furnish information on the progress and results of mitigation.

7.9.3 Capacity Development and Training

• To support timely and effective implementation of environmental and social project components

and mitigation measures, the ESMP draws on the environmental and social assessment of the

existence, role, and capability of responsible parties on site or at KeNHA.

• Specifically, the ESMP provides a specific description of institutional arrangements, identifying

which party is responsible for carrying out the mitigation and monitoring measures (e.g., for

operation, supervision, enforcement, monitoring of implementation, remedial action, financing,

reporting, and staff training).

• To strengthen environmental and social management capability in the agencies responsible for

implementation, the ESMP recommends the establishment or expansion of the parties

responsible, the training of staff and any additional measures that may be necessary to support

implementation of mitigation measures and any other recommendations of the environmental

and social assessment.

Implementation Schedule and Cost Estimates

175. For all three aspects (mitigation, monitoring,and capacity development), the ESMP will provide (a) an implementation schedule for measures that must be carried out as part of the project, showing phasing and coordination with overall project implementation plans; and (b) the cost estimates and sources of funds for implementing the ESMP. These figures are also integrated into the total project cost tables.

7.9.4 Integration of ESMP with Project

176. The Borrower’s decision to proceed with a subproject, based on the Bank’s review and clearance, the borrower will ensure that the ESMP will be executed effectively. Consequently, each of the measures



and actions to be implemented will be clearly specified, including the individual mitigation and monitoring measures and actions and the institutional responsibilities relating to each, and the costs of so doing will be integrated into the project’s overall planning, design, bidding and contracts budget, and implementation. 177. Templates for a subproject EMP are provided in Annex 11 Environmental contract clauses should be included in the Technical Specifications and be accounted for as part of the project investment’s overall implementation budget. Annex 16 provides a set of recommended contract clauses to include in contractor agreements.

7.10 Preparation of ESIAs with ESMPs For Level 2-3 Subprojects

178. The purpose of the ESIA process is to determine a baseline (pre-project) environment; assess the significance of potential environment and social impacts; and identify mitigation measures that are designed to avoid, minimise or mitigate the identified significant impacts. Sub project requiring ESIA will be conducted according to Kenyan environmental legislation and World Bank OP standards to ensure a comprehensive, transparent and independent process. 179. The ESIA will identify and estimate the extent and quality of available data and uncertainties associated with predictions, and specify topics that do not require further attention. The ESIA will incorporate:

Initial scoping of the assessment process;

Proposed Project description;

Examination of alternatives;

Identification of the Proposed Project Area of Influence;

Stakeholder identification and gathering of environmental and social data;

Impact identification, prediction, analysis and assessment of effects;

Development of mitigation and management measures and actions;

Evaluation of residual impacts;

Assessment of Cumulative impacts; and

Development of an Environmental and Social Management Plan.

180. The ESIA is required to be proportionate to the nature and scale of the sub project potential impacts and must comply with Kenyas laws and regulation and world Bank OPs, including the relevant disclosure of information and public consultation requirements.The Kenyan ESIA process is presented in Figure 5 and the TOR for sub project ESIA is provided in annex 15

7.11 Consultation and Disclosure Requirements

181. For each subproject, the designated officer within KeNHA will organize consultations with individuals and communities that might be affected by the subproject. The purpose of the consultations will be to: (i) inform them about the activities to be undertaken, their timetable and possible impacts, and; (ii) document and address their concerns. Consultation summaries should be included in safeguard instruments, including who was consulted, where and when, what concerns were expressed, and how these concerns were addressed. The records of consultations are kept in the project office. These consultations should be initiated as early as possible, as soon as subprojects screening has been completed. Subprojects classified as HIGH risk will carry out at least two public consultation and participation process, and subprojects classified as MEDIUM and LOW risk will carry out at least one public consultation and participation process as per the requirement of Kenya’s environmental legislations and the World Bank Safeguards policies requirements. 182. Provisions and specifics for consultations, including budgets, will be included in the relevant ToRs and subsequent safeguards documents. In addition to the environmental documentation requirements described above, World Bank Operational Policy 4.01 (paragraphs 15 and 16), and the WB Policy on



Access to Information stipulates that the following consultation and disclosure requirements be done for all subprojects: During the EA process, the applicant shall consult groups affected by the subproject and local NGOs about the subproject’s environmental and social aspects and take their views into account. The applicant shall initiate such consultations as early as possible. Consultations with stakeholders should take place only once after a draft EA report is prepared. In addition, the applicant shall consult with such groups throughout project implementation as necessary to address EA-related issues that affect them. For meaningful consultations, the applicant shall apply the following disclosure requirements: The applicant shall provide relevant material in English and/or the local language (as appropriate) in a timely manner prior to consultation. The applicant shall prepare ESIA/EIA report including a detailed summary of the ESIA/EIA conclusions available at a public place accessible to groups affected by the subproject and local NGOs. A comparison between Kenyan regulation ESIA disclosure requirement and World Bank requirement is provided in annex 5.



MONITORING AND REPORTING

183. This section will detail the procedures to monitor the implementation of subproject ESMPs during subproject implementation, including the compliance of contractors with their Contractor ESMPs. It will describe monitoring schedules and accountability, the types of reports, who reports, who gets the reports, when and how frequently reports are prepared, the management of corrective actions, and define a set of standard indicators that will reported on. The same set of indicators will be included in every subproject ESMP. 184. KeNHA will monitor the overall implementation of the ESMF, most particularly the:

• monitoring of ESMP implementation, including monitoring of mitigation measures and monitoring of contractors environmental and social performance (indicators)

• training of project staff, and contractors (list of persons, dates and places)

KeNHA will prepare:

• monthly, quarterly reports summarizing monitoring results, to be included in the Project’s Quarterly Reports to the World Bank

• reports that aggregate and analyse monitoring results ahead of regular World Bank implementation support missions

• an annual evaluation of all environmental and social monitoring activities, which will be submitted to the World Bank as part of overall project implementation reporting

• Annual Environmental Audits as part of requirement by NEMA KeNHA will establish, maintain, and update a database of subprojects that will include for each subproject: • type of subproject, name of subproject

• safeguards risk level

• timeline (clearance of screening form, clearance of ToRs, clearance of safeguard instruments)

• supervision reports during implementation • contractor reports

• noncompliance by contractors

• cross references to the Grievance Redress Mechanism’s log of complaints.

8.1 Monitoring of Contractors

185. Most environmental and social impacts of subprojects will result from activities directly under the control of contractors and will be mitigated directly by the same contractors. For the majority of subprojects, the ESMP will consist solely of measures implemented by subcontractors. As a consequence, ensuring that contractors effectively mitigate construction related impacts is the core of the Project’s mitigation strategy. This will be done by ensuring that the environmental and social management plan will be incorporated into the bidding and works contracts.. 186. KeNHA will incorporate standardized environmental and social clauses (Annex 16) in bidding documentation and contract documents, so that potential bidders are aware of environmental and social performance requirements expected from them, are able to reflect that in their bids, and required to implement the clauses for the duration of the contract. KeNHA will enforce compliance by contractors with these clauses. The clauses cover four issues:

• Environment, Health and Safety (EHS) • Environmental and social monitoring by contractor • Environmental and social liabilities • Grievance mechanism for workers • Gender Based Violence/Sexual exploitation and abuse



187. These clauses will also be referred to in all subproject ESMPs. Subproject ESMPs will also specify any training required for contractors to understand and satisfactorily meet the Project’s environmental and social requirements. 188. KeNHA will monitor and document contractor environmental and social performance for each subproject throughout construction period. This will involve both spot check visits to work locations, and reviews of records kept by the contractor and of reports submitted by the contractor. The frequency of site visits should be commensurate with the magnitude of activities and their associated environmental and social impacts, but should be at least quarterly for all subprojects. Sites where serious accidents are recorded should be reported immediately and visited within one working day of the accident and a root cause analysis/investigation carried out.

189. Each visit and interaction with a contractor should be documented in the database, including identification of contractor noncompliance, the significance of the non-compliance, and guidance provided on actions to be taken. KeNHA will follow up as needed to ensure timely resolution of issues of noncompliance with environmental and social clauses. This may include additional visits to the contractor’s site or offices, further communications with contractor personnel, issuance of notices of deficiency or warnings to the contractor, and other actions as needed (see the chapter on environmental and social clauses for contractors). 190. At any stage of construction or other work, if the contractor has not taken appropriate action to achieve compliance with the environmental and social clauses after repeated notices of violation and warnings of noncompliance, and significant environmental or social impacts are occurring or imminent, KeNHA should order the contractor to stop work until environmental and social performance is brought under control and up to acceptable standards.

8.2 Completion Reports

191. Upon completion of subprojects, KeNHA will prepare a subproject completion report, to identify any unresolved environmental or social, with recommended remedial action. This report will be shared with the Project Manager who will decide the way forward. For subprojects with significant environmental or social impacts, the completion report might recommend routine inspections/monitoring during operation of the facility by dedicated environmental and social specialists.

8.3 Monitoring Plans and Indicators

192. The goal of monitoring is to measure the success rate of the project, determine whether interventions have resulted in dealing with negative impacts, whether further interventions are needed or monitoring is to be extended in some areas. Monitoring indicators will be very much dependent on specific project contexts.

8.3.1 Monitoring Levels-Overall Project Level

193. KeNHA will be responsible for monitoring and reporting on compliance with the ESMF. They will ensure that sub projects investments are screened, their safeguard instruments prepared, cleared and disclosed prior to sub project implementation. Further, they will ensure that contractors/Supervision Consultant implement or cause their contractors to implement the specific sub project ESMP, and submit reports on ESMP implementation as required. 194. KeNHA, monitoring and surveillance of all the sub project investments will be undertaken by the PIT that will be established for the project. KeNHA will report results of this monitoring to the Bank on regular basis. In appreciation of the fact that it would be impossible to visit or monitor all sub project



investments to be financed under the project, “spot checks” may be undertaken by the PIT but no investment will be ignored in this high level monitoring.

8.3.2 Bank’s Monitoring Support

195. The Bank will provide the second line of monitoring compliance and commitments made in the ESMP through implementation support missions albeit in a less frequent manner and detail as compared to the first line of monitoring that will be undertaken by the PIT. The Bank will further undertake monitoring during its scheduled biannual implementation support missions. Specifically, for each year that the agreement is in effect, sub project contractors will be required to submit to the monthly, quarterly monitoring reports and the contractor/supervision consultant will consolidate and summarize these reports and submit to the Bank as part of its reporting to the Bank and the Bank supervision missions will review these reports and provide feedback.

8.3.3 Sub Project Level Monitoring

196. The second level of monitoring will be at the sub project level where the safeguard instruments for the investments will and must include a monitoring plan for which the KeNHA will be responsible for ensuring that monitoring is carried out. KeNHA will put in place a Project Management Team (PIT) which will include Environmental and Social Specialist to ensure the contractor complies with the ESHS requirements. The Supervising Consultant will have full-time environmental and social safeguards specialists to ensure that the expectations of the employer are realised. Additionally, KeNHA will engage provide dedicated staff to support monitoring project Environmental and Social risks and impacts. PIT will carry out monitoring and reporting of all the elements in the ESMP on day to day or periodically as specified in the monitoring plan. 197. All sub project investments will be subject to mandatory annual environmental audit /supervision to ensure that they comply with national requirements by EMCA and World Bank safeguard policies.

Table 12: Sub-project level monitoring Monitoring Level

Monitoring issue Verifiable indicators Responsibility

ESMF Level Adequate dissemination of ESMF and RPF to stakeholders Capacity building and training programs

Record of consultations and meetings; Workshop reports.

KeNHA, Supervision Consultant and Contractors Implementing agent County officers Consultant

Project Level Investment

Preparation of environmental and social impact assessment report Environmental permitting

Independent consultants hired to prepare ESIA and/ RAP documents Environmental Permits/licenses for sub projects Environmental Management Plans,

KeNHA, Supervision Consultant and Contractors Line ministries at county level, County officers Consultants Investor, Line Ministries, NEMA

Table 13: Monitoring roles and responsibilities

Institution Roles

National Environment

Management Authority

(NEMA)

The EMCA places the responsibility of environmental protection with NEMA as the

coordinating agency. NEMA is charged with the overall role of providing oversight in regard

to monitoring for all project activities that have potential impacts on the environment in

Kenya. NEMA will undertake periodic monitoring of the investment projects by making



regular site inspection visits to determine compliance with the investment projects ESIAs

approved and will further rely on the submitted annual audit reports submitted for each

investment project annually as required by EMCA as a way of monitoring. NEMA will

provide approvals and ESIA license to all the investments based on the ESIA reports

submitted, without NEMA’s approval implementation of the investment project will not move

forward. All monitoring reports as well as annual environmental audit report will be

submitted to NEMA as specified by the environmental assessment and audit regulations.

NETIP Environmental

and Social Specialist

KeNHA has recruited Short Term environmental and social safeguard consultants who will

provide dedicated support to KeNHA staff through oversight, screening of sub projects, and

preparation of ToRs for ESIAs, facilitation, coordination, review of ESIAs, monitoring and

evaluation of all the sub projects. The environmental and social specialists will submit

quarterly monitoring reports of all active investments under implementation to KENHA who

will then submit these reports to the World Bank.

Environment and

Social Safeguards

Department, KeNHA

The department will provide oversight, screening of sub projects, and preparation of ToRs

for ESIAs, facilitation, coordination, review of ESIAs, monitoring and evaluation of all the

sub projects. Quarterly monitoring reports of all active investments under implementation to

the NETIP who will be submitted to World Bank.

Further onwards environmental and social Impact assessment (ESIA) of the subproject, as

required, will be carried out by consultant hired by KeNHA. KeNHA will review these

documents and be responsible for implementation of ESMP (as well as RAP) and

preparation of quarterly reports, with support from supervision consultant. KeNHA will hire

consultant with requisite experience in implementing resettlement programs (if needed) for

the field level implementation of the RAPs, under the direct supervision of the KeNHA and

in close coordination with the supervision consultant and the contractor. The supervision

consultant will have environmental as well as social specialists in its team. Table 14 shows

activities and institutional responsibilities for overall implementation of the NETIP. All

mitigation plans such as RAPs and ESIAs/ESMPs will have to be cleared by the Bank

before they are disclosed in country locally as well as at the Bank’s external Website.

Table 14; Activities and Institutional Responsibilities

Activity Responsibility

Identification of subproject Prepare/

complete:

• Subproject Description (Form-1)

• Environmental/social Screening (Form-2)

• Analysis of Alternatives (Form-3)

Individual Consultant with KeNHA field level staff

Review of project documents and Screening /

assessment forms

Individual Consultant of project and Environment and Social

department, KeNHA

Additional Environmental/ Social Assessment (ESA)

Carry out: (a) ESIA and ESMP or (b) full

scale ESIA (including RAP, if needed);

following the ESMF

Independent consultant

(7) Review of ESIA by KeNHA

(8) Obtaining necessary environmental

clearance from the NEMA and WB

Individual Consultant of project and Environment and Social

Department (ESD) of KeNHA

Implementation of ESMP/RAP/ESIA/ during

“construction phase” of project components.

KeNHA’s ESD or a hired consultant under the direct supervision of

the ESD will implement the RAP. Contractor ESMP will be

implemented by Contractor and Supervised by Supervision

Consultant, with periodic monitoring by KeNHA staff



Preparation of quarterly progress and

monitoring reports

Environmental and Social safeguard report will be prepared by the

KeNHA. The Contractor will prepare one monthly progress reports.

Implementation of ESMP/SMF during

“operational phase” of project components,

including monitoring and quarterly reporting

Supervision Consultant and KeNHA staff

198. KeNHA will employ individual/supervision/consultant, who would support them in overall environmental/social management. However, since tThe overall responsibility of environmental and social management lies with KeNHA, to ensure that contarctors and the supervision consultants are carrying out

their responsibilities properly.



INSTITUTIONAL ARRANGEMENTS

9.1 Project Structure

9.2 Kenya National Highways Authority (KeNHA)

199. Project Implementing Agencies (PIAs): Kenya National Highways Authority (KeNHA) will be responsible for the implementation of the project. Project Implementation Teams (PITs) will comprise regular staff of KeNHA. PIT will be empowered to manage the day-to-day activities of their respective components of the project. Each PIT will be headed by a Team Leader and will comprise members with adequate experience and qualifications and appropriate skills mix. Members of the PITs will include among others, financial management specialists, procurement specialists, technical specialists, environmental specialists, and social development specialists. PIT shall have staff in adequate numbers with qualifications and experience satisfactory to the GoK and the World Bank, and shall be maintained always during the life of the project. The World Bank will be consulted prior to any change in the membership of the PIT. Project Team Leader will report directly KeNHA director General (DG) 200. Kenya National Highways Authority (KeNHA) is responsible for the implementation of the proposed projects. KeNHA has experience with implementation of Bank-supported projects and is well familiar with the WB Safeguards policies, safeguards instruments and relevant project supervision. The Environment and Social Department is staffed with three Environmental Specialist and three Sociologist, the Project Implementation Team will be supported by an Environmental and Sociologist staff. In addition, the Supervision Consultants and the Contractor will recruit full time Environment, Health and Safety and Social experts to support day to day implementation and monitoring of the Safeguards. KeNHA will be responsible for:

• Overseeing or appointing qualified and competent team to oversee environmental, health and safety (EHS) during the Project cycle; • Supervision of the ESMP; and • Ensuring that during construction and operations, the ESMP and NEMA license conditions are adhered to since it’s the principle holder of NEMA license.

9.3 Ministry of Transport, Infrastructure, Housing and Urban Development

201. This ministry is formulated to facilitate development and sustenance of transport infrastructure, maritime economy, public works and housing for sustainable socio-economic development. The Ministry has five state departments. The State Department for Infrastructure is one of the Departments whose functions include policy management for road development. KeNHA falls under the State Department for Infrastructure.

9.4 National Environment Management Authority

202. 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.



9.5 National Museum of Kenya (NMK)

203. NMK will review the Chance Finds Procedure and Cultural Heritage Plan prepared by the private concessionaire to determine the extent to which they have mitigation measures for protecting archeological and cultural sites and provide approval for these plans. During the construction phase, NMK will be involved in the project by providing guidance when Chance Finds are encountered

9.6 Supervising Consultant

204. The Supervising Consultant will be required to oversee the construction programme and construction activities performed by the Contractor, in compliance with the present ESMP. The Consultant will have Environmental and Social Specialists in its team to co-ordinate and supervise all aspects of the environment and social during project implementation. This will include following the construction to monitor, review and verify the implementation of the project’s ESMP. Moreover, keep track of project compliance regarding permits and approvals necessary from the relevant authorities.

9.7 Construction Contractor

205. The Contractor will be required to comply with the requirements of the EIA/ ESMP. The Contractor will have an Environmentalist, Health and safety advisor and Social Specialists on its team to ensure operationalization of the ESMP and carrying out day to day supervision of the ESMP and reporting (refer Annex 16).

9.8 County Governments

206. The relevant departmental officers in the County Governments should be called upon where necessary during project implementation to provide the necessary permits and advisory services to the project implementers.



STAKEHOLDER CONSULTATION AND INFORMATION DISCLOSURE

10.1 Rationale for stakeholder consultation

207. According to Kenya's EMCA regulations for preparation for the ESIA and the World Bank’s Safeguards policy OP/BP 4.01 Environmental Assessment, public consultations are an integral component of the environmental and social assessment process. Public consultation helps to ensure the environmental and social soundness and sustainability of investment projects and to support integration of environmental and social aspects of projects into the decision making process. The process helps to assess potential impacts of a proposed project on physical, biological, socio-economic and physical cultural resources, including trans boundary and global concerns, and potential impacts on human health and safety. It helps involve stakeholders, including project-affected groups and local nongovernmental organizations, as early as possible, in the preparation process and ensure that their views and concerns are made known to decision makers and taken into account. Continue consultations throughout project implementation as necessary to address EA-related issues that affect them. ESIA and RAP requirements, and the guidelines identify the following principal elements:

208. . During the initial ESMF preparation and review, consultations with the following institutions/officers was carried out:

County government of Isiolo, Wajir, Garissa and Mandera County

National Government County Administration (Sub-chiefs, Chiefs, Sub county commissioners and County Commissioners)

Staff of Kenya Wildlife Service, Buffalo Springs National Reserve, Nyambene National Reserve, and Shaba National Reserve.

Kenya Forest Service

Respective County Government Ministries

Non-Governmental Organization active in the project area: ADEF, WASDA, Womankind, MIDP, RACID, AFSOC, Wajir Directorate of Peace,

SUPKEM

Local Clan Elders

Elected leaders and

Opinion leaders.

FCDC

Community Representatives

209. The public will be allowed to access information in Kenya during screening, EA preparation as well as final EA reports before project appraisal and disclosure will also take place in the World Bank’s external website before project appraisal.

10.2 stakeholder consultation instruments

210. The Kenya Guidelines for ESIA and EA provides details concerning the public consultation methods in Kenya. Such methods include press conferences, information notices, brochures/fliers, interviews, questionnaires and polls, community meetings, advisory committees, and public hearings. The guidelines for public consultation include, among others, a requirement that major elements of the consultation program should be timed to concede with significant planning and decision-making activities in the project cycle. In terms of Kenya's ESIA process, and World Bank safeguards policies, public consultation should be undertaken during (i) the preparation of the ESIA terms of reference; (ii) the carrying out of an ESIA; and (iii) government review of an ESIA reports. During ESIA study, Consultations will be carried out by communities as part of the environmental and social screening process of sub-projects, and the results will be communicated in an understandable language to potentially affected persons and beneficiaries.



10.3 Stakeholder Identification

211. Selection of stakeholders for consultation was based on three criteria as follows:

Participation in the NETIP;

Potential to be impacted by proposed sub-projects;

Influential individuals or groups operating in the area where the target natural resources are located, with specific focus on community groups

Special interests in the programme either as government sector, International organizations, NGO or CBO, Vulnerable and marginalized groups that may need special attention such as women, the poor and youth groups etc.

10.4 consultation during initial esmf preparation

212. During the preparation of this ESMF the public consultations were organized through the National Government administrative set up and through the office of the County commissioner. The sub-county commissioners and respective chiefs were contacted to arrange for meetings. The people invited for meetings included community members, village elders, youth, CBOs, and women.

213. Public consultation for the ESMF were held on varied dates: for Modogashe –Samatar the activity was held between 2nd October 2017 and 8th October 2017 while for Isiolo-Kulamawe and Kulamawe Modogashe the activity was held between 13th November 2017 and 25th November 2017. Analysis summary of the questionnaire is annexed as Annex 8 while the sample questionnaires are annexed as Annex 7.

214. During this initial engagements, the community members gave several concerns that they felt should be addressed to ensure that the project proceeds unimpeded.

Land ownership issues especially in case of acquisition to create room for road construction since most people don’t have documentation that is necessary during the verification process.

There has been a long unending land and boundary dispute between the Somalis and Boranas in Modogashe, Eldera, and Kampi Samaki which could spiral out of control if not well handled. There is need to make proper reference to the Modogashe Declaration of 2001 when operating within the said centres and surrounding areas.

The contractor should give priority to the locals in regard to employment.

Road safety may be a big challenge to people and livestock since there will be too many over-speeding vehicles on the road leading to accidents. There may be need to regulate accidents along the road, bumps should be erected and signages put in place. In addition the community should also be sensitized on road safety.

There was a concern that the project will need to extensive clearing of vegetation especially economically important species such Gum Arabica and other tall trees that are as marker points or for giving direction.

It was proposed that the project should consider improvement of the road leading to Garbatulla town.

Environmental concerns should be fully addressed especially on dust and borrow pits/quarries since most contractors tend to leave borrow pits without rehabilitating leading to accidents involving people and livestock.

There are very pressing concerns especially in Modogashe due to four issues: mosque and 3 grave sites which are on the road reserves; water supply; and political interference. To address concerns there is an urgent need for local community engagement and top leadership engagement



10.5 Stakeholder Consultation during the esmf review

215. . Public consultation for the ESMF review were held on varied dates: between 6th February 2019 to 26th February 2019. The mode of consultation involved;

Courtesy visits at the County Government and Assistant County Commissioners offices;

Courtesy visits to CECs of the counties;

Identification of institutions and individuals interested in the process and compiling a database of the interested and affected parties;

Setting dates for public barazas and technical meetings at various levels and with different target groups;

Administration of questionnaires to different target groups and local community members within the proposed project site.

216. Analysis summary of the stakeholder consultation is provided in Annex 8 while the attendance sheet is provided in annex 7.

Table 15: Summary of consultations carried out during the ESMF Review exercise

S.No County Persons institutions consulted Date Venue

1 Wajir 1. KWS Officers 2. KFS Officers 3. County Public Health Officer 4. Ecosystem Conservator 5. Wajasco Officers 6. CEC Energy, Environment &

Natural Resources 7. County Roads and Transport

Officer 8. County Commissioner - Wajir 9. Wajir Bus Service 10. County Director of Livestock

Production 11. Samata Bus Service 12. County Chief Lands, Housing

and Physical Planning 13. County Director Water Services 14. Chief Officer Education and

Vocational Training 15. NEMA Officer 16. SUPKEM Officer 17. Council of Imams 18. Assistant County Commissioner 19. Chiefs and Assistant Chiefs 20. Project areas community

leaders and residents

Wednesday February 6 to Saturday February 26, 2019

Respective Wajir county and government agency offices and meetings with leaders in the following towns; 1. Wajir Town 2. Leheley Centre 3. Boji Centre 4. Lagbhogol Centre 5. Samatar/Guticha Centre 6. Kanchara Centre 7. Lagdima Centre 8. Habaswein Centre 9. Skanska Centre 10. Modogashe

2 Isiolo 1. County Government of Isiolo 2.Ministry of Lands, Roads, Public Works, Urban Development & Physical Planning; 3.Department of Lands, Physical Planning and Urban Development 4.Department of Public Works, Housing and Urban Development. 5.Department of Roads and Infrastructure 6.Ministry of Agriculture, Livestock and Fisheries; Department of Livestock and Fisheries 7.Ministry of Education, Youth, Sports, Culture and Social Services; Department of Youth and Sports. 8.Ministry of Water Sanitation, Energy, Environment, Natural

between 20th and 22nd February 2019

Respective Isiolo county and government agency offices and meetings with community representatives and leaders in the following towns; Gambella Ndumuru Kachuru Kulamawe Boji



Resources and Climate Change 9.Ministry of Tourism, Trade, Cooperative and Enterprise Development; Department of Tourism and Wildlife 10.Water Resource Authority 11.Kenya Forest Service 12.Kenya Wildlife Service 20. Project areas community leaders and residents

3 Garissa Ministry of Roads, Public Works, Transport & Physical Planning. Ministry of Agriculture, Livestock, Fisheries and Irrigation. Ministry of Environment, Energy and Natural Resources. Ministry of Gender, Social Services and Sports. Ministry of Lands, Housing and Urban Development. Water Resource Authority Kenya Forest Service Kenya Wildlife Service 20. Project areas community leaders and residents

27th February and 1st March 2019

Respective Garissa county and government agency offices and meetings community leaders and chief on the Garissa side of the project area Leheley Centre Boji Centre Lagbhogol Centre 5Samatar/Guticha Centre Kanchara Centre Lagdima Centre Habaswein Centre Skanska Centre

4 Mandera • Deputy County Commissioners • Sub County Administrator • CEC Members for Lands, Housing, Physical Planning and Urban Development • Chief Officer in charge of Land • District Administration Police Commandant • Chief Officer - Transport • Sub-county Lands Officer • Sub-county Adjudication Officer • Sub-county Surveyor • District Medical Officer for Health. • Sub-county Social and Gender Officers • County Public Health Officers • Sub-county Livestock Development Officer • Sub-county Water Officer • KPLC • WATSAN • NEMA • Kenya Wildlife Service (KWS) • Kenya Forest Service (KFS) • National Drought Management Authority (NDMA) Project areas community leaders and residents

23rd February and 1st March 2019

Respective Mandera county and government agency offices and meetings with leaders in the following towns; Tarbaj Hungai Kutulo Elwak Tarbaj Wargadud

217. The community members gave several concerns that they felt should be addressed to ensure that the project proceeds unimpeded.

Suggestions made that the contractor should drill boreholes with non saline water in order for the community to benefit when its handed over to them after project construction completion.

The project considers providing shades at the bus stops where women can keep their milk while waiting for transport to urban areas.

Project to consider convertion of Quarries/borrow pits to water pans to provide adequate water for irrigation after construction completion

Fear that the contractor will bring a lot of money into the project area that will influence our girls and wives into sexual activities that may result into unwanted pregnancies, sexually transmitted diseases and other ills



Request to help enhance a women’s group in the area that is struggling to survive (Al Furqan Women Group).

Concerns raised regarding how the project affected persons who are prone to loss property will be assisted.

Considering of both sides of the road for social amenities to be provided by the project. (Wajir West and Wajir South

Concern that project area only few people have documents showing security of tenure

Request for assistance to the many women who earn their daily livelihoods from businesses along the road corridor. Majority of them are widows.

Request by the youth requested to be given first priority when job opportunity become available

Concern of interference by politicians and gate keepers in how building contracts will be awarded.

Land allocations have not been properly done and this may create challenges during compensation

Fear that most important trees will be cut down, considering that they are mostly used by travellers for shade.

The member sought to know whether KeNHA would compensate the affected land owners who have allotment letters

The need for a proper plan on the payment for quarry and borrow pit sites to avoid misunderstanding among community members

Clarification if quarry workers are also eligible for the job opportunities

Contractor camps should be located away from community settlements to avoid sexual exploitation and abuse by contractor workers

10.6 Public Disclosure

218. The ESMF will be publicly released through the World Bank’s external website, and in country on the KeNHA website and relevant public locations in the project area prior to project appraisal. The documents should be made available in English in compliance with the World Bank’s Public Consultation and Disclosure Policy. ESIAs (and RAPs) for each NETIP-funded Subproject will also be disclosed as part of the public consultation and disclosure process.



GRIEVANCES AND COMPLAINTS

11.1 Introduction

219. This section focuses on the procedures to be followed in handling complaints and grievances during preparation, implementation and operation of the project. The GRM has been adopted from the Social Assessment prepared for this project. The GRM will also accommodate grievances, complaints and feedbacks related to the preparation and implementation of individual subproject Project Resettlement Action Plans (RAPs). It will detail the procedures that communities and individuals who believe they are adversely affected by the Project can use to submit their complaints, as well as the procedures that will be put in place to systematically register, track, investigate and promptly resolve complaints. KeNHA through the Supervision Consultant will handle subproject activity-related complaints. Multiple access points (telephone, complaint box, website, email, text message, etc.) should be provided and advertised at subproject level so that beneficiaries have different ways to voice their concerns. KeNHA will have the overall responsibility to address concerns brought to the attention of the Supervision Consultant regarding any environmental and/or social impacts due to Project activities. Copies of complaints shall be recorded in the activity files and the progress reports, including the number and type of complaints and the results of their resolution.

220. The Northern frontier, has, over a long time, been a major arena for a variety of low-intensity conflicts, some of which are linked to wider cross-border and regional conflicts. The roots of these conflicts vary but a history of economic and social marginalization looms large. There is increased competition over resources, reduced access to land, water, and other natural resources, limited access to credit, markets, and extension services that culminate in poverty and subsequently, increased conflict. Conflicts and violence often take the form of cattle rustling, ethnic violence, displacements, massacres and revenge attacks. Violent Islamist activity has also tended to be clustered in this area.

11.2 Project Anticipated grievances

• Land take related conflicts and grievances

• Compensation related grievances (spouse and family)

• Delay in compensation

• Inadequate valuation of land and other assets

• Community safety and health (road accidents, tension with workers)

• Cultural and religious tensions due to in-migration

• Labour and working conditions

• Lack of engagement in decision making on proposed interventions (road side stations,

markets)

• Resource use competition (water, pasture etc.)

• In-migration influx

• Gender and sexual based violence

221. An effective mechanism to redress grievances requires:

• That grievances do not linger on and become contentious issues between project authorities

and the affected community and result in opposition to the project;

• PAHs and the overall community appreciate efforts by the project authorities to reach out to

hear concerns, proactively address and resolve issues; and

• PAHs particularly demonstrate willingness to support and benefit from the implementation of

proposed mitigation measures.

•



11.3 Essentials in Grievance Redress

• Acknowledge dissatisfaction: Accept that the displacement due to a development shall

generate grievances, rather than ignore or turn away

• Effective listening: Careful listening to elicit information regarding the grievance shall help to

accurately define the problem

• Separate facts from fiction: Ask for facts and record it (preferably by the PAH himself). If

illiterate, provide support as necessary;

• Quick turn-around: Take optimum time to analyse ascertain and decide and finally

communicate the decision to the PAP. Keep communicating with PAHs in case of delays

• Follow-up: If decision requires a follow up action, take it soonest to instill confidence in the

PAP regarding the grievance mechanisms and process

222. Grievance Redress Mechanism Players “The key players in the grievance redress process are:

• VMGs and affected parties living in the project area

• Influential persons in the project affected village

• County Government

• National Government

223. The Grievance Mechanism provides affected parties with a mechanism to express any issues and problems that they may have with the project implementation process in a way which is free of cost and without retribution. Affected parties will also have ultimate recourse to the courts in accordance with the provisions of Kenyan law. To ensure that the basic rights and interests of project affected people are protected, that their concerns are adequately addressed and that entitlements are delivered, a grievance procedure is outlined below:

224. Appointment of Village Grievance Redress Committee Members - Membership to committees will be elected by the VMGs except the locational chiefs, sub county administrators, county administrators, contractors, KeNHA who will automatic be members of the team by virtue of their positions. Each committee will elect their chairperson and a secretary. The members of the GRCs will be appointed through an election process by the communities members/VMGs in the project area. The elections will be facilitated by KeNHA and the local administration including national and county government.

225. Remuneration of Grievance Redress Committee Members - All the members of the GRCs established at the different levels will perform their duties on a voluntary basis. There will be no remuneration other than costs associated with transport, communication, meals and sitting allowance.

226. Capacity-Building for Grievance Committee- The Grievance Committee members will also need to be oriented to the grievance management system suggested. The capacities of the Grievance Committee members will also need to be built around issues of conflict identification, conflict information analysis and conflict resolution Below, a 5 tier/level grievance redress structure is provided to ensure amicable review and settlement of grievances that may arise in the project.

227. Maslaha -The Maslaha is composed of village elders of good reputation and who have knowledge of customs and culture of the local communities. Village elders forming the Maslaha are not elected, as long as one has a good reputation in the society and is regarded as impartial then he is welcomed in the council. Women are not part of this forum. Maslaha decisions are strongly respected. In case a person defies their decision, the person will be fined and/or banned from attending any social functions e.g. burials, marriages or any other function that brings the community together. The person is may be excommunicated from the community.



• First Level 1: Maslaha : The Maslaha is a body comprising of village elders that plays a

significant role among the local communities and is respected. They have the mandate to

resolve conflicts including land related conflicts; natural resources related conflict e.g.

pasture; interclan conflicts; among others.

228. This ESMF prefers this as the first level of grievance or conflict redress. A record of any/all grievances received and handled will be kept at all phases of the implementation process. However, the use of maslaha as an alternative system of dispute and conflict resolution in solving issues of rape and other forms of gender and sexual based violence is not advocated for in this project based on the fact that the system is recognized as contributing to the rise of such cases due to the nominal compensation required from offenders.

229. The grievance mechanism at the first level provides two options for grievance redress the Maslaha System and the Village Level GRC.

230. First Level 1 : Village Grievance Redress Committees: Parties that are either non-Muslim or have shown a preference for an alternative mechanism will use the Village Level GRC. The village level GRC is categorized with the following membership: -

231. Composition of Village Grievance Redress Committees;

• Assistant/sub locational chief, • One youth

• One woman

• One project affected youth,

• One project affected woman,

• One project affected male

• Ward Administrator

• Contractor representative

• KeNHA representative

• Person with disability

232. Second Level: Sub County Grievance Redress and Resettlement Committee. There will be a mediation committee at the Sub County level to handle grievances that cannot be resolved by the village level committees and membership will include:

• One representative of the Administration; - National Government

• One representative of County Administration; - County Government

• One representative of the construction contractor,

• One project affected youth

• One project affected female

• Supervision consultant/social specialist

• A representative of NEMA

• A representative of WRMA

233. Third -Level: County Grievance Redress and Resettlement Committee: There will be a mediation committee at the County level to handle grievances that cannot be resolved by the sub county level committee. This will be a high-level committee constituted on a need basis. It will comprise of KeNHAs project implementation unit and other relevant government agencies called upon depending on the matter under consideration.

234. Fourth Level: Formal systems of dispute resolution: This entails using the courts of Kenya to litigate the dispute.



12.4 The Commission on Administrative Justice (CAJ) – the Ombudsman

235. Another avenue for grievance redress is the Commission on Administrative Justice. The Ombudsman is the formal feedback and complaints handling mechanism in Kenya. Its mandate is to receive and address complaints against public officers and public institutions to improve service delivery. Three types of complaints can be made to the office of the Ombudsman including: (i) Citizen against State/public officers and institutions; (ii) Public Officers against fellow public officers; and, (iii) Public Institutions against other public institutions. The Ombudsman has a three step and time bound mechanism for feedback and grievance redress as illustrated below;

Step 1

• Complainant fills in a Complaint Form

• Complaint is assessed for compliance with CAJ Mandate;

• If within mandate, CAJ commences inquiries and complainant is issued with copy of

communication – CAJ 2 [Sec. 43];

• If NOT within CAJ mandate, Complainant is advised accordingly and/or referred to

appropriate government agencies;

• If a response is not received from the respondent after 14 working days, CAJ sends a first

reminder giving the respondent 7 days to comply;

• If no response is received after this, a final reminder of 7 days is sent;

• If there is still no response after 28 days, summonses are issued to the respondent in line

with [Sec. 27(a)].

Step 2

• If after the summonses the respondent still fails to comply, the Ombudsman proceeds to:

• Determines the complaint in the absence of the respondent;

• Institutes legal proceedings against the respondent [according to Sec. 52];

• Cites the respondent as an unresponsive State or Public Office or Officer, and/or declares

such State or Public Officer to be unfit to serve in the Public Service;

Step 3

• How the Ombudsman undertakes grievance redress action: In resolving a complaint, the

Ombudsman may:

o Conduct investigations according to articles [A.59 (2)(i)] [Sec 8 b)] [A.252(1)(g)] [Sec.

53 (1)];

o Demand and obtain information or documents [S.26 (d)];

o Conduct an inquiry [A.252(1)(g)]

o Undertake mediation, negotiation and conciliation [A.252 (1) (b)];

o Constitute a hearing panel;

o Invite or summon any person or persons to attend to the Commission [S.26 (f)];

o Obtain orders from the Court authorizing Searches or Seizures [Sec.26 (e)].

o Obtain warrants of arrest for breach of any summons or orders of the Commission.

236. During the social assessment, it was established that the office of the ombudsman has devolved to Wajir and Isiolo towns. It has however not extended its services to the interior parts of either Counties. This may pose a challenge to VMGs who live in far flung areas and are unable to make frequent trips to the towns due to lack of transport and attendant costs.

12.5 Courts of Kenya



237. Courts in Kenya provide a robust avenue for resolution of disputes for aggrieved persons and will be the final level for grievances that remain unresolved.

238. Standard prescribed forms including grievance registration form, grievance disclosure form, grievance log and grievance redress monitoring form will be used. Clearly indicate the focal persons (this will be Social and Environmental specialist for social and environmental grievances accordingly). GM will clearly indicate how a complaint can be submitted. This can be by a letter, verbally, email, telephone, SMS, WhatsApp message, SMS etc. All grievances, suggestions/comments will be recorded in a Grievance Register by the Focal Person(s) / Complaint Handling Officer within specified working days of the receiving of the grievances. A unique number will be assigned to each grievance, suggestions, and comment. 239. To document and track status of grievances KeNHA will develop and adopt the following: :

Complaint Form to be filled and filed by the complainant - A draft Complaint Form has been developed and attached in this ESMF.The Form shall be made available at all grievance lodging and collection points. A sample form is provided in annex 4

Complainants Registry/Database - The project shall establish and maintain a registry complaints, containing the names (or code name/id number if name cannot be revealed) and contact information/ address of the complainants, the nature of complaints among other details. The registry will be regularly updated to track the status of the complaints.

11.3 Comment Response and, Grievance Mechanism Log

240. A sample format for logging summary details of each comment response and, grievance must be provided. As noted above hard and soft copies should be kept on file. Note:

If it is a comment, the commented will receive a copy if he/she requests one

If it is a Grievance, the aggrieved shall always receive a copy once complete for their own records.

11.4 Initial Response Template

241. A template is necessary for providing the initial response to the aggrieved only in the case of Grievances ( Sample template provided in annex 18). This should be written on headed paper. This response must be sent within 3 days of the grievance being entered into the logbook. It is vitally important to monitor the effectiveness of the comment response and, grievance mechanism. Appropriate measures/KPIs for this include monthly reporting on the number of grievances received, resolved and outstanding. This will be undertaken by the sociologist and reported to the resident engineer. As part of the annual review/report, analysing the trends and time taken for grievance resolution will help to evaluate the efficacy of the comment response and, grievance mechanism.

11.5 Monitoring and Review

242. As part of stakeholder engagement and consultation, involving the views of the stakeholders for whom the Comment Response and, Grievance Mechanism is designed in this monitoring and review will help to improve effectiveness and stakeholder buy-in.

11.6 The World Bank Grievance Redress Service

243. The World Bank’s Grievance Redress Service (GRS) provides an additional, accessible way for individuals and communities to complain directly to the World Bank if they believe that a World Bank-financed project had or is likely to have adverse effects on them or their community. The GRS enhances



the World Bank’s responsiveness and accountability by ensuring that grievances are promptly reviewed and responded to, and problems and solutions are identified by working together. The GRS accepts complaints in English or the official language of the country of the person submitting the complaint. Submissions to the GRS may be sent by:

Email: [email protected]

Fax: +1-202-614-7313

Letter:The World Bank

Grievance Redress Service (GRS)

MSN MC 10-1018

1818 H St NW

Washington, DC 20433, USA

http://pubdocs.worldbank.org/en/440501429013195875/GRS-2015-BrochureDec.pdf

http://pubdocs.worldbank.org/en/440501429013195875/GRS-2015-BrochureDec.pdf



CAPACITY BUILDING

244. NETIP has been selected as pathfinder project to pilot the Environment and Social, Health and Safety (ESHS) enhancement measures in the procurement process, KeNHA has prepared draft ESHS action plan which is currently being reviewed by the World Bank, the action plan will recommend additional measures to improve KeNHA capacity to manage environmental, health and safety and social risks and impacts in the project during implementation. The project implementation is organized that there will be Supervision Consultant and the Contractor who will each recruit an Environment, Community Liaison Officer, Health and Safety advisor and Social Experts to support the project. These personnel will augment the safeguards staff at KeNHA.

245. The project supervising consultant will assist KeNHA to provide full time presence on site to manage the contract. This will include ensuring environmental and social compliance with the applicable World Bank Safeguards Policies and National legislations, regulations and agreements. Project supervising consultants will also review and monitor the implementation of the Environmental and Social Management Plans (ESMP) to ensure compliance as well as other safeguard obligations of the contractor. 246. However, before and during project implementation a several trainings that are crucial for the successful completion of the project will be considered, these will include training OHS, GRM, GBV, WB Safeguards, Road safety, RAP implementation, National environment and social requirements for the project, and GIS based application and its role in environmental and social management in road projects. The training will target key stakeholders involved in project interventions. Key stakeholders trained included:

KeNHA Environmental and Social Safeguards Department Personnel Environment, Health and Safety and Social Experts

Supervision Consultant team

Contractor’s team

Government agencies responsible for environmental management, occupational health and safety, social development and protection

Community Based Organizations (CBOs), and Non-Governmental Organizations active in subproject areas;

Representatives of Vulnerable and Marginalized Groups (VMGs) in subproject areas.

247. The training scope and emphasis will vary for the different groups and therefore the need for separation in the training should be observed. In order to integrate existing technical expertise, officers with relevant knowledge and experience in particular fields should be co-opted into the training exercise. KeNHA has engaged long term consultants, who will support the existing staff to provide dedicated environmental and social risk management. To ensure enhanced performance on ESHS, KeNHA will carry needs assessment of the Supervision Consultant (s) and Contractors staff and prepare targeted trainings to address identified gaps. Such training will assist them in properly overseeing the activities of the consultant engaged in environmental, social , health and safety management of the proposed project following the ESMF.

248. KeNHA’s Environment and Social Safeguards Department has ten (10No.) of staff consisting of five environmentalists, 2 sociologists and one land valuer (resettlement specialist). Out of these, five (5) are NEMA/EIK registered and licensed professionals with an active experience in the environment, health and safety fields both in public and private sectors. The officers are all specially trained with an average of Masters’ Degrees cutting across Environmental science; law and policy; planning and management and community development. The sociologists have Bachelors’s Degree in the following disciplines: Sociology, Anthropology, Social Work, and Community Development. 249. The level of expertise and knowledge in the WB Operational safeguards policies is good but there is need for capacity enhancements to emerging risks such as Health snad safety, GBV, SEA and other specialized and tailor-made courses that meet KeNHA’s core function and mandate as a section. These



experts will cover safeguards for the Project, including the preparation of environmental and social screening forms for all subprojects, and monitoring contractor compliance with subproject ESMP requirements and any RAPs or ARAPs. 250. Capacity building for effective implementation of environmental,social, health and safety aspects in NETIP will be tailored to the needs of KeNHA Staff, Supervising Consultant and Contractor Staff. Training will incorporate global best practices in gender and vulnerability inclusion, safeguard compliance, road safety, environmental, health and safety, and grievance redress. Moreover, groups undertaking participatory monitoring will be trained in generating and disaggregating data to better understand the programme’s impact on vulnerable groups including women. The broad areas for capacity building to enhance their respective roles and Collaboration is proposed:

The management of the road project, supervising Consultant and Contractor’s Obligation;

Environmental and Social Safeguards Monitoring

Road Safety requirements and Regulations

Occupational Health & safety in workplace

HIV/AIDS mainstreaming

Child Protection Strategy (CPS)

Grievance Redress Mechanism(GRM),

Labour Influx Management Plan(LIMP)

Child Protection Strategy (CPS)

Stakeholder Engagement and Communication Strategy(SECS)

Contractor’s Environmental and Social Management Plan (CESMP)

Traffic Management

Waste Management Plan

Environmental and Social Audit; and

Safeguards Report preparation and other reporting requirements among others



ESMF IMPLEMENTATION BUDGET

251. The ESMF implementation costs outlined here are for activities aimed at ensuring that NETIP sub-projects activities align with procedures recommended in this ESMF, and to support a capacity-building program for key actors. These costs are to be included in the sub project budget funds. Costs for sub-project level activities such as preparation of ESIA, Consultation at subproject level will be determined and reflected in individual subproject ESIAs/ESMPs

Table 16: ESMF Implementation Budget

Activity Item Description Total Cost (USD

Capacity Building on ESMF

Training Key Stakeholders on ESMF

Training workshop on mainstreaming ESMF and sensitization of key stakeholders on their roles in NETIP ESMF implementation process.

67,000.00

Capacity Building on EHS Training Supervision Consultants and Contractors on on EHS practices with participation of regulators (NEMA and DOSHS)

50,000.00

ESIAs for Component Projects

NETIP sub component Undertaking ESIAs and submitting reports to NEMA for approval through short term consultancies

300,000.00

Monitoring

Monitoring and reporting of ESMF implementation

Field visits for project activities monitoring every quarter 48,000.00

Other Activities

Compliance of Community projects with ESMF

Activities to comply with ESMP’s such as waste management, personal protective equipment, laboratory tests among other costs. Short term consultancy to travel to site and carry out project reports

48,000.00

Annual EA Carrying out Annual Environmental Auditsby independent consultants

30,000

Brief training for contractors on chance find procedures prior to mobilization

To be conducted by an officer from the National Museums of Kenya

10,000.00

GRM Setting up and operationalizing the GRM system 100,000.00

Stakeholders engagement Holding stakeholders consultation meetings 100,000.00



REFERENCES

Ericksen, P.; Said, M.; de Leeuw, J.; Silvestri, S.; Zaibet, L.; Kifugo, S.; Sijmons, K.; Kinoti, J.; Ng’ang’a, L.; Landsberg, F.; Stickler, M. Mapping and Valuing Ecosystem Services in the Ewaso Ng’iro Watershed;

International Livestock Research Institute (ILRI): Nairobi, Kenya, 2011. Ericksen, P.; Said, M.; de Leeuw, J.; Sylvestri, S.; Zaibet, L. Mapping ecosystem services in the Ewaso

Ng’iro catchment. Int. J. Biodivers. Sci. Ecosyst. Serv. Manag. 2012, 8, 122–134. Georgiaides, N.J. Introduction: Conserving Wildlife in Kenya’s Ewaso landscape. 2011, Smithsonian Digital Repository. Available online: http://si-pddr.si.edu/jspui/handle/10088/16705 (accessed on 4

December 2012). Government of Kenya (1999): Environmental Management and Coordination Act, 1999. Nairobi, Government Printer Government of Kenya, (2009): Kenya Population Census of 2009, Government Printer, Nairobi Kenya. Wajir County Government (2013) County Integrated Development Plan, 2013/14 – 2017/18. Garissa County Government (2013) County Integrated Development Plan, 2013/14 – 2017/18. GIBB Africa Ltd. Study of the Merti Aquifer Final Report, Volume I—Main Report; GIBB Africa Ltd.:

Nairobi, Kenya, 2004. Swarzenski, W.V.; Mundorff, M.J. Geo-Hydrology of North Eastern Province, Kenya; USGS Water Supply

Paper 1757-N; USGS (U.S. Geological Survey): Reston, VA, USA, 1977. Mutiga, J.K.; Su, Z.; T. Woldai, T. Impacts of agricultural intensification through upscaling of suitable rainwater harvesting technologies in the upper Ewaso Ngiro North basin, Kenya. Hydrol. Earth Syst. Sci. Discuss. 2011, 8, 2477–2501. Water 2012, 4 FAO-UNEP, 1977. Assessing Soil Degradation. FAO Soils Bulletin 34, FAO, Rome. FAO-UNESCO, 1997. Soil Map of the World; revised legend with corrections and updates, ISRIC, Wageningen, 1997. ADBG, (2009). Socio-Economic Analysis and Public Consultation of Lake Turkana Communities in Northern Kenya: Final Draft Report of African Development Bank Group, chapter 3, pp.64-133. National Environment Management Authority, Turkana District Environmental Action Plan 2009-2013 www.nema.go.ke/index.php?option=com...turkanapdf... Enghoff, M. et al (2010), In Search of Protection and Livelihoods: Socio-economic and Environmental Impacts of Dadaab Refugee Camps on Host Communities, Norwegian Refugee Council and Danish Refugee Council, http://www.ncg.no/novus/upload/file/2010- HostCommunities-Kenya3009.pdf. Government of Kenya, BMZ Germany Conflict Sensitive and Food Security Baseline and Household Survey. Dadaab, Fafi and Wajir Districts of Kenya. April 2012. A publication of the Refugee Consortium of Kenya with the support of the Danish Refugee Asylum Under Threat: Assessing the protection of Somali refugees in Dadaab refugee camps and along the migration corridor. Nairobi. 2012. ACF International, AECD Dadaab and Fafi Districts Host Community Assessment, Garissa County, North Eastern Province, Kenya. June-August 2012.

http://www.nema.go.ke/index.php?option=com...turkanapdf

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Sombroek, W.G.,Braun H.M.H. and Van der Pouw B.J.A., 1982. Exploratory Soil Map and Agroclimatic Zone Map of Kenya. Kenya Soil Survey, Ministry of Agriculture, Nairobi. Report No. E1.

Survey of Kenya, 1977. National Atlas of Kenya. 3rd edition., Nairobi. Emsn-011: Analysis of Environmental Degradation Around Dadaab Refugee Camps, Kenya. Indra, 2014 Polly Ericksen , Jan de Leeuw , Mohammed Said , Silvia Silvestri & Lokman Zaibet (2012) Mapping ecosystem services in the Ewaso Ng'iro catchment, International Journal of Biodiversity Science, Ecosystem Services & Management, 8:1-2, 122-134, DOI: 10.1080/21513732.2011.651487 Fox, J. and Kamau, C. (2013), The Dadaab Dilemma: A Study on Livelihood Activities and Opportunities for Dadaab Refugees. Danish Refugee Council, https://drc.dk/media/1654297/dadaab_livelihood_study_-final_report.pdf. UNHCR (2014), Global Strategy for Safe Access to Fuel and Energy (SAFE), A UNHCR Strategy 2014–2018, http://www.unhcr.org/530f11ee6.html. UNHCR (2015), ‘Camp Population Statistics – Dadaab, Kenya’, April 2015,https://data.unhcr.org/horn-of africa/documents.php?page=3&view=grid&Country[]=110. Advanced Survey of Groundwater Resources of Northern and Central Turkana County, Kenya. RTI, 2013

https://drc.dk/media/1654297/dadaab_livelihood_study_-final_report.pdf

https://drc.dk/media/1654297/dadaab_livelihood_study_-final_report.pdf

http://www.unhcr.org/530f11ee6.html



ANNEXES

ANNEX 1:ENVIRONMENTAL AND SOCIAL SCREENING CHECKLISTS FOR NETIP SUBPROJECTS

No ITEM DETAILS

INTRODUCTION

1 Project Name

2 Project Location

3 Project Description (brief)

4 Does the Project require any: yes no If yes, extent in ha.

Reclamation of land, wetlands

Clearing of forest

Felling of trees

5 Minimum land area required for the

proposed development (ha)

6 Available total land area within the

identified location (ha)

7 Expected construction period

8 Responsbility contact Person,

contact Information

9 Present Land Ownership State: Private: Other:

10 Source of Funding

11 Total Cost of the Project

12 Anticipated Date of Completion

DESCRIPTION OF THE ENVIRONMENT

Physical

13 Topography & Landforms map extract 1:50000

14 Relief <20 m 20-40 m 40-60 m >60 m

15 Slope <30 % 30-40% 40-60% >60%

16 Position on Slope Bottom Mid-slope Upper-slope

17 Soil

18 Soil Depth < 20 cm 20 – 100 cm >100 cm

19 Soil Erosion low medium high

20 Climate Wet Zone Intermediate Zone Dry Zone/Semi-Arid Zone

21 Annual Dry Period

22 Source of Fresh Surface Water Spring/canal Tank/Reservoir Perennial

Stream

Seasonal

Stream

None

23 Surface Water Use Domestic Washing/Bathing Irrigation Animal Use

24 Surface Water Quality Poor Moderate Good

25 Ground Water Availability Dug Well Tube Well Other

26 Ground Water Use Domestic Washing/Bathing Irrigation Animal Use

27 Ground Water Quality Poor Moderate Good

28 Incidence of Natural Disasters Floods Prolonged Droughts Cyclones/Tidal

Waves

Other

29 Geological Hazards Landslides Rock falls Subsidence Other

Ecological

30 Habitat Types in the Project Site

Natural forest ( %), degraded forest( %), natural scrubland( %),

degraded scrubland( %), riverine forest, grassland( %), abandoned

agricultural land( %), marsh( %), salt marsh( %), home-gardens(

%), barren land ( %), Land occupied by people ( %), Buildings(

%), Roads or other development ( %), Other ( %) (List)

31 Habitat types within 250 m radius

from the site periphery








32 Habitat types within 500 m radius

from the site periphery






33 Any environmentally and culturally

sensitive areas within 250 m?

Protected

Areas

Migratory

pathways

Archaeology Wetlands Savanna

34 Any plants of conservation

importance within 250 m (endemic

and threatened species)?

List:

35 Any habitat for animals of

conservation importance?

Will the project degrade or destroy

such site?

ENVIRONMENTAL SENSITIVITY

36 Does project wholly or partly fall

within any of the following areas?

Yes No Unaware

Animal Habitation

Any area subject to erosion

Any area prone to floods

Any flood protection area

60 m from a river or stream

Any reservations beyond the full

supply level of a reservoir

Any archaeological reserve, ancient

or protected monument

Within a distance of 1500 m of the

boundary of a forest or National Park

ENVIRONMENTAL IMPACT AND MITIGATION / ENHANCEMENT DURING CONSTRUCTION PERIOD

Impacts H M L N/A Mitigation/Enhancement

37 Soil erosion

38 Water pollution

39 Noise pollution

40 Solid waste generation

41 Loss of vegetation cover

42 Habitat loss or fragmentation

43 General disturbance to animal behaviour

44 Interference with normal movement of

animals

45 Irreversible/irreparable environmental

change

ENVIRONMENTAL IMPACT AND MITIGATION / ENHANCEMENT DURING OPERATION PERIOD

46 Sewage Disposal Cess Pool Y/N Sewage Pond Y/N

Septic Tank Y/N Other

47 Solid Waste Disposal

48 Drinking Water Supply Communal Dug Well Y/N Individual dug well Y/N

Communal Tube Well Y/N Town supply – pipe/borehole Y/N

Spring Y/N Town supply – stand pipe Y/N

49 Alteration to storm water drainage pattern No changes Minor changes Major changes



COMMUNITY ENGAGEMENT

50 Number and nature of

public consultation

meetings conducted so

far

Type of Meeting Number of Meetings Nature of

Participants

Participants

Male Female

CONTACT DETAILS OF OFFICIALS AND RECOMMENDATIONS

Name of the person completing form

Designation and contact information

List of team members

Signature and date

Name of officer who checked this form

Designation and contact information

Remarks

Signature and Date

Additional screening questions to determine the need and possible extent of further environmental and social review and management BIODIVERSITY AND NATURAL RESOURCES YES, NO, N/A

1 Would the proposed project result in the conversion or degradation of modified

habitat, natural habitat or critical habitat?

2 Any development activities proposed within a legally protected area (e.g. natural

reserve, national park) for protection/conservation of biodiversity?

3 Would proposed project pose a risk of introducing invasive alien species?

4 Does the project involve natural forest harvesting?

5 Does the project pose a risk of degrading soils?

POLLUTION YES, NO, N/A

1 Would the proposed project result in the release of pollutants to the environment due

to routine or non-routine circumstances with the potential for negative, local and/or

regional impacts?

2 Would the proposed project result in the generation of waste that cannot be

recovered, reused, or disposed of in an environmentally and socially sound manner?

3 Will the propose project involve the manufacture, trade, release, and/or use of

chemicals and hazardous materials subject to international action bans or phase-

outs? For example, DDT, PCBs and other chemicals listed in international

conventions such as the Stockholm Convention on Persistent Organic Pollutants, or

the Montreal Protocol.

4 Is there a potential for the release, in the environment, of hazardous materials

resulting from their production, transportation, handling, storage and use for project

activities?

5 Will the proposed project involve the application of pesticides that have a known

negative effect on the environment or human health?

CLIMATE CHANGE YES, NO, N/A

1 Will the proposed project result in significant greenhouse gas emissions?

2 Is the proposed project likely to directly or indirectly increase environmental and social

vulnerability to climate change now or in the future (also known as maladaptation)?

SOCIAL EQUITY AND EQUALITY YES, NO, N/A

http://chm.pops.int/Convention/tabid/54/language/en-US/Default.aspx#convtext



1 Would the proposed project have environmental and social impacts that could affect

vulnerable groups such as women, children and physically challenged?

2 Will women/youth/marginalized group have access to Project benefits such as

employment/livelihood opportunities, reduce travel time, lower transport cost, facilitate

access to basic social services, and others?

3 Is the proposed project likely to directly or indirectly increase social inequalities now

or in the future?

4 Will the proposed project have variable impacts on women and men, different ethnic

groups, social classes?

5 Have there been challenges in engaging women and other certain key groups of

stakeholders in the project design process and what have been the means to remedy

these issues if any?

6 Will the project have specific human rights implications for vulnerable groups?

DEMOGRAPHICS YES, NO, N/A

1 Is the project likely to result in a substantial influx of people into the affected

community (ies)?

2 Would the proposed project result in substantial voluntary or involuntary resettlement

of populations? For example, projects with environmental and social benefits (e.g.

protected areas, climate change adaptation) that impact human settlements, and

certain disadvantaged groups within these settlements in particular.

3 Would the proposed project lead to significant population density increase which

could affect the environmental and social sustainability of the project? For example, a

project aiming at financing tourism infrastructure in a specific area (mountain) could

lead to significant population density increase which could have serious

environmental and social impacts (e.g. destruction of the area’s ecology, noise

pollution, waste management problems, greater work burden on women).

CULTURE YES, NO, N/A

1 Is the project likely to significantly affect the cultural traditions of affected

communities, including gender-based roles?

2 Will the proposed project result in physical interventions (during construction or

implementation) that would affect areas that have known physical or cultural

significance to indigenous groups and other communities with settled recognised

cultural claims?

HEALTH AND SAFETY YES, NO, N/A

1 Would the proposed project be susceptible to or lead to increased vulnerability to

earthquakes, subsidence, landslides, erosion, flooding or extreme climatic conditions?

For example, development projects located within a flood plain or landslide prone

area.

2 Will the project result in increased health risks as a result of a change in living and

working conditions? In particular, will it have the potential to lead to an increase in

HIV/AIDS infection?

3 Will the proposed project require additional health services including testing?

SOCIO-ECONOMICS YES, NO, N/A

1 Is the proposed project likely to have impacts that could affect women’s and men’s

ability to use, develop and protect natural resources and other natural capital assets?

For example, activities that could lead to natural resources degradation or depletion in

communities who depend on these resources for their development, livelihoods, and

well-being?

2 Is the proposed project likely to significantly affect land tenure arrangements and/or

traditional cultural ownership patterns?

3 Is the proposed project likely to negatively affect the income levels or employment

opportunities of vulnerable groups?



CUMULATIVE AND/OR SECONDARY IMPACTS YES, NO, N/A

1 Is the proposed project location subject to currently approved land use plans (e.g.

roads, settlements) which could affect the environmental and social sustainability of

the project? For example, industrial development, transportation infrastructure and so

2 Would the proposed project result in secondary or consequential development which

could lead to environmental and social effects, or would it have potential to generate

cumulative impacts with other known existing or planned activities in the area? For

example, a new road would likely also bring new commercial and domestic

development (houses, shops, businesses). In turn, these will generate indirect

impacts. (Sometimes these are termed “secondary” or “consequential” impacts). Or if

there are similar developments planned in the same area then cumulative impacts

need to be considered.

Is The Proposed Project Likely to Increase Environmental And/Or Social Vulnerability To

Climate Change Now Or In The Future? DOES THE PROJECT INVOLVE ANY OF THE FOLLOWING ACTIVITIES? YES NO

Changes in land use

Agricultural expansion or intensification

Intensification of water use

Development in areas that are under existential threat (e.g. low-lying areas), or the longer-term

habitability which is in question (e.g. areas at risk of extreme desertification)

Other economic/livelihood development based on climate-sensitive resources (e.g. exploitation of

rangelands, forests, fisheries, rivers, natural resource-based tourism; etc)

Activities in areas with existing conflicts over natural resources

Pricing of basic commodities (e.g. water)

Privatisation of, or formalisation of rights over, natural resources

Resettlement (e.g. facilitated or incentivised voluntary resettlement)

Does the project have the potential to have negative impacts on any marginalised or already

vulnerable groups, particularly those dependent on climate-sensitive resources:

Pastoralists

Hunter-gatherers

Forest dwellers

Subsistence farmers or fisher folk

Women, youth, marginalised clans/groups, displaced populations

Are project activities/outcomes predicated on assumptions (implicit or explicit) that future climatic and

environmental conditions will resemble those of the present day? (e.g. require persistence of current

rainfall regimes, surface runoff, extremes frequency/severity, natural resource abundance, ecological

conditions, etc).

.



Section F: Vulnerable and Marginalized Groups meeting requirements for OP 4.10

Are there:

People who meet requirements for OP 4.10 living within the boundaries of, or near the project?

Members of these VMGs in the area who could benefit from the project?

VMGs livelihoods to be affected by the subproject?

If the answer to any of the above is ‘yes’, please consult the VMGF that has been

prepared for the project. Section G: Land Acquisition and Access to Resources

Will the sub-project: Yes No

Require that land (public or private) be acquired (temporarily or permanently) for its development?

Use land that is currently occupied or regularly used for productive purposes (e.g. gardening,

farming, pasture, fishing locations, forests)

Displace individuals, families or businesses?

Result in temporary or permanent loss of crops, fruit trees and pasture land?

Adversely affect small communal cultural property such as funeral and burial sites, or sacred

groves?

Result in involuntary restriction of access by people to legally designated parks and protected

areas?

Be on monoculture cropping?


Draft Final Report: Environmental and Social Management Framework (ESMF) 109

ANNEX 2: ANALYSIS OF ALTERNATIVES

Form 3a: Analysis of Alternatives:

NAME OF SUBPROJECT:

BRIEF DESCRIPTION OF SUBPROJECT:

Analysis of alternative locations:

Note: KeNHA will carry out screening at all proposed alternative locations of subprojects based on the screening form. Then the environmental and social details for these alternatives will be listed in the following table. Important considerations include ownership of land (Government-owned land are to be given priority), location of ecologically sensitive areas, human settlement, proximity to communication network, load centre. Based on the assessment of relative advantages and disadvantages, a location for the subproject will be proposed.

Key Environment and Social Issues Alt-1 Alt-2 Alt-3

Location

Land (Government-owned land are to be given priority)

Agricultural/cropping pattern

No of villages affected

No of families affected

Loss of structures

No of common properties affected

No of trees cut (approx.)

Ecological sensitivity

Tribal population

Waterway affected

Proposed Location (will be selected from above comparison):

(b) Analysis of alternative technologies/designs:

Design issues Alt-1 Alt-2 Alt-3

Selected Technology/Design:

(b) No Subproject Scenario: Briefly mention the difficulties the KeNHA will face if the subproject is not implemented



ANNEX 3: CHANCE FIND PROCEDURE

Regulatory and Other Requirements

The primary legislation on cultural heritage issues is the National Museums Heritage Act, 2006 (which

updated and replaced the National Museums Act, 1983), the Antiquities Monuments Act 1983 and is

enshrined in the requirements the provisions of the Environmental Management and Coordination Act

(EMCA) which defines the Environmental and Social Impact Assessment (ESIA) process.

The National Museums Heritage Act sets out the overarching administrative processes for protecting

and preserving cultural heritage and management by the NMK. As there are no designated

monuments or sites within the immediate Project’s area of influence, the heritage legislation only has

a limited bearing on the Project’s activities, however the project will take precautionary measures for

handling any potentially significant chance finds through its implementation of the chance find

procedure and requirement presented in subsequent sections of this procedure.

Physical cultural resources (PCR) within Environmental Assessment

The Client addresses impacts on PCR as an integral part of the EA process by undertaking an initial

screening, developing terms of reference, collecting baseline data, conducting the impact

assessment, and formulating mitigating measures and a management plan for PCR. As part of the

public consultations required in the EA process, the consultative process for the PCR component of

the project will includes relevant project-affected groups, concerned government authorities, and

relevant nongovernmental organizations in documenting the presence and significance of PCRs,

assessing potential impacts, and exploring avoidance and mitigation options. Normally, the findings of

the physical cultural resources component of the EA are disclosed as part of, and in the same manner

as, the EA report. However, exceptions to such disclosure would be considered when the Client, in

consultation with the Bank and persons with relevant expertise, determines that disclosure would

compromise or jeopardize the safety and integrity of the physical cultural resources involved or would

endanger the source of information about the PCRs. In such cases, sensitive information relating to

these particular aspects may be omitted from the EA report.

The national agency responsible for cultural matters in Kenya is the National Museums of

Kenya (NMK).

Prior to commencement of projects in culturally sensitive areas the proponent would contact NMK

who would send representatives to review the site and prepare a report. The report would entail

advice on professional approach to the proposed works to ensure minimal damage to the

encountered items. In the event that chance finds are encountered the following procedure shall

apply:

Role of the contractor and Client

Reporting of chance finds: The contractor or officer supervising the project would report the

finds to the local administration such as the local chief or the Assistant County Commissioner;



The local administration would then report the find to NMK.

The contractor would report back to client who would notify NMK in the event that further

artifacts are encountered

The client will make budget available for training the contractor and his/her staff and workers

on how to go about reporting PCRs and safeguarding these properties until NMK is alerted

and further processing of the announcement is made viz-a-viz the formulation and

implementation of appropriate avoidance and/or mitigating measures.

Role of NMK

NMK would temporarily stop the works to conduct an assessment and prepare a report. The

period of stoppage is from 10 days to 21 days depending on the complexity of the project;

Retrieve movable artifacts and preserve immovable ones;

NMK would also map out the area to be preserved during the investigation period and

arbitrate between the community and developers in the event of dispute;

NMK to Circulate the cultural impact assessment report to the developer, NEMA, relevant

lead agencies and the community.

Measures for Care of Chance Finds

Upon retrieval of movable artifacts and conservation of immovable ones, NMK would proceed with

segregation and dating of the artifacts and determination of their significance; Segregated artifacts

would be stored in the NMK archeological stores according to their size and dates, and labeled with

the geographical area where found; The artifacts may be displayed in an exhibition when required or

published to enrich the cultural heritage.

Chance Find Report

Chance Find Report

Date

(DD/MM/YYYY)

Time

(xx:xx)

Site Name GPS Coordinates

(Northing)

GPS Coordinates

(Easting)

Description of Find

Proximity to Contractor Activity

Sensitivity

Vulnerability

Recommended Action Description

Site Checklist Yes / No Comment

Responsible persons notified

Coordinates verified

Site Marked

Site Secured

Photograph(s)

Impacts Assessed

Actions Agreed

Authorised Instruction



National Museums Kenya Representative Position Signed (Name)

KeNHA Representative Position Signed (Name)



ANNEX 4: SAMPLE GRM FORM

Name (Filer of Complaint): __________________________________

ID Number: __________________________________ (PAPs ID number)

Contact Information: _____________________________District/Community mobile phone)

Nature of Grievance or Complaint:

_________________________________________________________________________________

_____________________________________________________________

Date Individuals Contacted Summary of Discussion

____________ __________________ ___________________________

Signature_______________________ Date: ____________

Signed (Filer of Complaint): ______________________________________

Name of Person Filing Complaint: __________________________ (if different from Filer)

Position or Relationship to Filer: __________________________________

Review/Resolution

Date of Conciliation Session: ______________________________________

Was Filer Present? Yes No

Was field verification of complaint conducted? Yes No

Findings of field investigation:

_________________________________________________________________________________

_____________________________________________________________________

Summary of Conciliation Session Discussion:

_________________________________________________________________________________

_____________________________________________________________________

Issues:

___________________________________________________________________________

Was agreement reached on the issues? Yes No



If agreement was reached, detail the agreement below:

If agreement was not reached, specify the points of disagreement below:

Signed (Conciliator): ___________________________ Signed (Filer):

________________

Signed: ___________________________

Independent Observer

Date: ___________________________



ANNEX 5: COMPARISON KENYAN LAWS AND WORLD BANK OPERATIONAL PROCEDURES

World Bank Requirements Kenyan Requirements Gap

OP 4.01, Environmental Assessment

1. Use a screening process for each proposed project, as early as possible, to determine the appropriate extent and type of environmental assessment (EA) so that appropriate studies are undertaken proportional to potential risks and to direct, and, as relevant, indirect, cumulative, and associated impacts. Use sectoral or regional environmental assessment when appropriate.

Environmental Management and Coordination (Amendment) Act 2015 (legal Notice No 5 of 2015) and provides for a full ESIA study for high risk projects. Provides for screening of the proposed development activity and preparation of a Project Report

Provides for carrying out of an EIA Study where a Project will have significant environmental impacts and the Project Report does not disclose adequate mitigation measures

No Gap OP 4.01 and Kenyan environmental laws and regulations complement each other.

2. Assess potential impacts of the proposed project on physical, biological, socio-economic and physical cultural resources, including transboundary and global concerns, and potential impacts on human health and safety.

THE ENVIRONMENTAL (IMPACT ASSESSMENT AND AUDIT)

REGULATIONS, 2003 PART IV – requires below for high risk projects

18. (1) A proponent shall submit to the Authority, an environmental

contents of impact assessment study report incorporating but not limited to the environmental following information -

(a) the proposed location of the project;

(b) a concise description of the national environmental legislative and

regulatory framework, baseline information,

(c) and any other relevant information related to the project; the

objectives of the project;

(d) the technology, procedures and processes to be used, in the

implementation of the project;

(e) the materials to be used in the construction and implementation of the project;

(f) the products, by-products and waste generated project;

(g) a description of the potentially affected environment;

(h) the environmental effects of the project including the social and

cultural effects and the direct, indirect, cumulative, irreversible, short-term and long-term effects anticipated;

(i) alternative technologies and processes available and reasons for

preferring the chosen technology and processes;

(j) analysis of alternatives including project site, design and technologies and reasons for preferring the proposed site, design and technologies.

(k) an environmental management plan proposing the measures for

eliminating, minimizing or mitigating adverse impacts on the

environment; including the cost, time frame and responsibility to

implement the measures;

(l) provision of an action plan for the prevention and management of

foreseeable accidents and hazardous activities in the cause of carrying out activities or

No Gap OP 4.01 and Kenyan environmental laws and regulations complement each other.



major industrial and other development projects;

(m) the measures to prevent health hazards and to ensure security in the working environment for the employees and for the management of emergencies;

(n) an identification of gaps in knowledge and uncertainties which were encountered in compiling the information;

(o) an economic and social analysis of the project;

(p) an indication of whether the environment of any other state is likely to be affected and the available alternatives and mitigating measures; and

(q) such other matters as the Authority may require.

The Public Health Act (Cap 242)

• Provides for the prevention of the occurrence of nuisance or conditions dangerous/injurious to humans.

• Provides that the relevant local authority shall take all lawful, necessary and reasonably practicable measures.

Environmental Management and Co-ordination (Water Quality) Regulations 2006

• Provides for the protection of ground and surface water resources.

• Provides the water quality standards for sources of domestic water.

• Provides that an EIA shall be carried out and license obtained to abstract water or carry out activities that may have adverse impacts on the quantity or quality of water in lakes, rivers, streams, springs and wells

• Provides the water quality standards for effluent discharged into the aquatic environment.

Environmental Management and Co- ordination (Waste Management) Regulations 2006

• Provides for standards for handling, transportation and disposal of various types of wastes including hazardous wastes.

• Requirements to ensure waste minimization or cleaner production, waste segregation, recycling or composting.

• Provides for licensing of vehicle transporting waste.

• Provides for the licensing of waste disposal facilities.

Environmental Management and Coordination (Controlled Substances) Regulations 2007 (Legal Notice No 73 of 2007)

• Provides for measures for storage, handling packaging and disposal of products with ozone-depleting substances including air conditioning and refrigeration equipment

Environmental Management and Coordination (Air Quality) Regulations, 2014

• Provides for ambient air quality tolerance limits.

Prohibits air pollution in a manner that exceed specified levels.

• Prohibits air pollution in controlled areas including residential areas, hospitals, National Parks, reserves and sanctuaries, conservation areas and central business districts



• Provides for air pollution monitoring of quarries

• Provides for measures to prevent air pollution from stockpiles or handling of construction materials

• Provides for installation of air pollution control systems where pollutants emitted exceed specified limits.

• Provides for the control of fugitive emissions within property boundary.

• Provides for the control of vehicular emissions.

• Provides for prevention of dispersion of visible particulate matter or dust from any material being transported.

• Provides for acquisition of an emission license.

3. Assess the adequacy of the applicable legal and institutional framework, including applicable international environmental agreements, and confirm that they provide that the cooperating government does not finance project activities that would contravene such international obligations.

Described above No Gap OP 4.01 and Kenyan environmental laws and regulations complement each other.

4. Provide for assessment of feasible investment, technical, and siting alternatives, including the "no action" alternative, potential impacts, feasibility of mitigating these impacts, their capital and recurrent costs, their suitability under local conditions, and their institutional, training and monitoring requirements associated with them.

Described above No Gap OP 4.01 and Kenyan environmental laws and regulations complement each other.

5. Where applicable to the type of project being supported, normally apply the EHS Guidelines. Justify deviations when alternatives to measures set forth in the EHS Guidelines are selected.

Occupational Safety and Health Act (OSHA), 2007; • Provides for the safety, health and welfare of workers and all persons lawfully present

at work places.

• Provides for the registration of workplaces.

• provides for maintenance of cleanliness of workplaces, adequate lighting and

ventilation, provision of sanitary conveniences,

• Outlines safety requirements in use of machinery to prevent accidents and injuries.

The Factories and Other Places of Work (Noise Prevention and Control) Rules, 2005 Rules provide for the maximum noise exposure levels for workers in places of work and for the provision of protective equipment for those exposed to high noise levels. Provide that an occupier shall also institute noise reduction measures at the source of noise in the workplace. Provides for development of a noise prevention program where noise in a workplace exceeds the continuous

There is a gap between the World Bank’s EHS Guidelines, and Kenyan laws and regulations. Projects should apply whichever is more stringent.

6. Prevent and, where not possible to prevent, at least minimize, or compensate for adverse project impacts and enhance positive impacts through environmental management and planning that includes the proposed mitigation measures, monitoring, institutional capacity

Described above No major gap



development and training measures, an implementation schedule, and cost estimates.

7. Involve stakeholders, including project-affected groups and local nongovernmental organizations, as early as possible, in the preparation process and ensure that their views and concerns are made known to decision makers and taken into account. Continue consultations throughout project implementation as necessary to address EA-related issues that affect them.


REGULATIONS, 2003 PART IV

21.(l) The Authority shall, within fourteen days of receiving the

environmental impact assessment study report, invite the public to make

oral or written comments on the report.

(2) The Authority shall, at the expense of the proponent -

(a) publish for two successive weeks in the Gazette and in a newspaper with a nation-wide circulation and in particular with a wide circulation in the area of the proposed project, a public notice once a week inviting the public to submit oral or written comments on the environmental impact assessment study report; and (b) make an announcement of the notice in both official and local languages at least once a week for two

consecutive weeks in a radio with a nation-wide coverage.

(3) The invitation for public comments under this regulation shall state -

(a) the nature of the project;

(b) the location of the project;

(c) the anticipated impacts of the project and the proposed mitigation measures to respond to the impacts;

(d) the times and place where the full report can be inspected; and

(e) the period within which the Authority shall receive comments.

(4) The notice to be published in the newspaper as specified under sub regulation

(3) shall be in Form 8 set out in the First Schedule to these

Regulations.

22. (l) Upon receipt of both oral and written comments as specified Public hearing. by section 59 and section 60 of the Act, the Authority may hold a public hearing.

(2) A public hearing under these Regulations shall be presided over by a suitably qualified person appointed by the Authority.

(3) The date and venue of the public hearing shall be publicized at least one week prior to the meeting -

(a) by notice in at least one daily newspaper of national circulation and one newspaper of local circulation;

(b) by at least two announcements in the local language of the community and the national language through radio with a nationwide coverage.

(4) The public hearing shall be conducted at a venue convenient and accessible to people who are likely to be affected by the project.

(5) A proponent shall be given an opportunity to make a presentation and to respond to presentations made at the public hearing.

(6) The presiding officer shall in consultation with the Authority

determine the rules of procedure at the public hearing.

(7) On the conclusion of the hearing, the presiding officer shall compile a report of the views

No major gap



presented at the public hearing and submit the report to the Director General within fourteen days from the date of the public hearing.

8. Use independent expertise in the preparation of EA where appropriate. Use independent advisory panels during preparation and implementation of projects that are highly risky or contentious or that involve serious and multi- dimensional environmental and/or social concerns.

EMCA CAP 387 outlines the following

(5) Environmental impact assessment studies and reports required under this Act shall be conducted or prepared respectively by individual experts or a firm of experts authorized in that behalf by the Authority. The Authority shall maintain a register of all individual experts or firms of all experts duly authorized by it to conduct or prepare environmental impact assessment studies and reports respectively. The register shall be a public document and may be inspected at reasonable hours by any person on the payment of a prescribed fee.


REGULATIONS, 2003 FOURTH SCHEDULE sets out the

Criteria for registration of Environmental Impact Assessment

Experts

No major gap

9. Provide measures to link the environmental assessment process and findings with studies of economic, financial, institutional, social and technical analyses of a proposed project.


REGULATIONS, 2003 PART VI - MISCELLANEOUS PROVISIONS (3) states The Government, and all the lead agencies shall in the development of sector or national policy, incorporate principles of strategic environmental assessment.

No major gap

11. Disclose draft EA in a timely manner, before appraisal formally begins, in an accessible place and in a form and language understandable to key stakeholders.

Described above under public hearing

Part II (I) of the Constitution of Kenya, 2010 commits the State to:

Ensure sustainable exploitation, utilization, management and conservation of the

environment and natural resources, and ensure the equitable sharing of the accruing

benefits;

Work to achieve and maintain a tree cover of at least ten per cent of the land area of

Kenya;

Protect and enhance intellectual property in, and indigenous knowledge of, biodiversity

and the genetic resources of the communities;

Encourage public participation in the management, protection and conservation of the

environment;

Protect genetic resources and biological diversity;

Establish systems of environmental impact assessment, environmental audit and

monitoring of the environment;

Eliminate processes and activities that are likely to endanger the environment; and

Utilise the environment and natural resources for the benefit of the people of Kenya.

Part II (II) states that “Every person has a duty to cooperate with state organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources.”

Moreover, the Constitution includes aspects around land acquisition and compensation. It

No major gap



also mandates the development of a national land policy to implement the principles and establishes the National Land Commission


REGULATIONS, 2003 PART IV (2) The environmental impact assessment study report shall be accompanied by a non-technical summary outlining the key findings, conclusions and recommendations of the study and shall be signed by the proponent and environmental impact assessment experts involved in its preparation.

OP 4.11, Physical Cultural Resources

1. Use an environmental assessment (EA) or equivalent process to identify PCR and prevent or minimize or compensate for adverse impacts and enhance positive impacts on PCR through site selection and design.

Antiques and Monuments Act, Cap 215 and National Museums and Heritage Act, Cap 216,

These Acts been used for gazettement of areas of historical importance, museums and threatened heritage as they protect the archaeological, historical, and cultural sites such as monuments, elements or structures of an archaeological nature, inscriptions, and cave dwelling.

No major gap

2. As part of the EA, as appropriate, conduct field-based surveys, using qualified specialists.

Field-based surveys conducted by specialists and describe the proposed site for project including map, borders and neighborhoods with design of infrastructures, facilities and services and all inputs and outputs (THE ENVIRONMENTAL (IMPACT ASSESSMENT AND AUDIT)REGULATIONS, 2003).

No major gap

3. Consult concerned government authorities, relevant nongovernmental organizations, relevant experts and local people in documenting the presence and significance of PCR, assessing the nature and extent of potential impacts on these resources, and designing and implementing mitigation plans.

Antiques and Monuments Act, Cap 215 and National Museums and Heritage Act, Cap 216,

30. Where a person discovers a monument or object of archaeological or paleontological interest, the person shall, within seven days, give notice thereof, indicating the precise site and circumstances of the discovery, to the National Museums, and in the case of an object, shall deliver the object to the National Museums or to the District Commissioner to keep it for any particular purpose or for any particular purpose or for any particular period

To fill the gap any cultural heritage encountered during the work should be recorded as the procedure provided in the ESMF To fill the gap there should be a clause in all works contracts regarding chance finds .

4. For materials that may be discovered during project implementation, provide for the use of "chance find" procedures in the context of the PCR management plan or PCR component of the environmental management plan.

O.P 4.04 Natural Habitats

1. Use a precautionary approach to natural resources

management to ensure opportunities for environmentally

sustainable development. Determine if project benefits

substantially outweigh potential environmental costs.

The Wildlife Conservation and Management Act, 2013

• Prohibits pollution of wildlife habitats and ecosystems

No significant gaps. Apply either of the two due to insignificant differences



2. Avoid significant conversion or degradation of critical natural habitats, including those habitats that are (a) legally protected, (b) officially proposed for protection,

(c) identified by authoritative sources for their high conservation value, or (d) recognized as protected by traditional local communities.

The Forest Conservation and Management Act, 2016

• Prohibits the destruction of protected tree species or family of trees

• Provides for the sustainable management of indigenous forests and woodlands

The Environmental Management and Co-ordination (Wetlands, River Banks, Lake Shores and Sea Shore Management) Regulations, 2009 applies to all wetlands in Kenya whether occurring in private or public land.

The objectives of the regulations is to provide for the conservation and sustainable use of wetlands and their resources in Kenya and promote the integration of sustainable use of resources in wetlands into the local and national management of natural resources for socio-economic development.

The act also aims at ensuring the conservation of water catchments and the control of floods and the sustainable use of wetlands for ecological and aesthetic purposes for the common good of all citizens. The act also makes provision for the protection of wetlands as habitats for species of fauna and flora. It also provides a framework for public participation in the management of wetlands.

The Act requires wetland resources to be utilized in a sustainable manner compatible with the continued presence of wetlands and their hydrological, ecological, social and economic functions and services.

The Act requires special measures to be undertaken to preserve and maintain knowledge innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity in wetlands.

The regulation also calls for sustainable use of wetlands through integration into the national and local land use plans to ensure sustainable use of wetlands in the country.

3. Where projects adversely affect non-critical natural habitats, proceed

only if viable alternatives are not available, and if appropriate conservation

and mitigation measures, including those required to maintain ecological

services they provide, are in place. Include also mitigation measures that

minimize habitat loss and establish and maintain an ecologically similar

protected area.

WILDLIFE CONSERVATION AND MANAGEMENT ACT, 2013.PART VI –

CONSERVATION, PROTECTION AND MANAGEMENT

No exemption from environment law to be granted

(1) No user rights or other license or permit granted under this Act shall exempt a person from complying with any other written law concerning the conservation and protection of the environment.

(2) A user or other related right shall not be granted under this Act where the requirement for a strategic environmental, cultural, economic and social impact assessment license under the Environmental Management and Co-ordination Act, 1999 (No. 8 of 1999) has not been complied with.

4. Whenever feasible, give preference to siting projects on lands

already converted. THE ENVIRONMENTAL (IMPACT ASSESSMENT AND AUDIT)

REGULATIONS, 2003 PART IV (2) (j) analysis of alternatives including project site, design and technologies and reasons for preferring the proposed site, design and technologies

5. Consult key stakeholders, including local nongovernmental

organizations and local communities, and involve such people in design,

implementation, monitoring, and evaluation of projects, including

mitigation planning.

Part II (I) of the Constitution of Kenya, 2010 commits the State to:

Ensure sustainable exploitation, utilization, management and conservation of the

environment and natural resources, and ensure the equitable sharing of the accruing



benefits;

Work to achieve and maintain a tree cover of at least ten per cent of the land area of

Kenya;

Protect and enhance intellectual property in, and indigenous knowledge of, biodiversity

and the genetic resources of the communities;

Encourage public participation in the management, protection and conservation of the

environment;

Protect genetic resources and biological diversity;

Establish systems of environmental impact assessment, environmental audit and

monitoring of the environment;

Eliminate processes and activities that are likely to endanger the environment; and

Utilise the environment and natural resources for the benefit of the people of Kenya.

Part II (II) states that “Every person has a duty to cooperate with state organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources.”

Moreover, the Constitution includes aspects around land acquisition and compensation. It also mandates the development of a national land policy to implement the principles and establishes the National Land Commission

WILDLIFE CONSERVATION AND MANAGEMENT ACT, 2013.PART VI – CONSERVATION, PROTECTION AND MANAGEMENT

Variation of boundaries or revocation of a national park or a marine protected area

A notice under this section which proposes to—

(a) vary the boundaries of a national park; or

(b) change the status from national park to wildlife conservancy or sanctuary, shall only be published by the Cabinet Secretary where a proposal is recommended by the Service after consultation with the National Land Commission in accordance with subsection (2) of this section and is subsequently approved by a resolution of Parliament:

Provided that there shall be no recommendation unless—

(a) they are satisfied that such variation of boundary or cessation of national park proposed by the notice—

(i) shall not endanger any rare, threatened or endangered species;

(ii) shall not interfere with the migration and critical habitat of the wildlife;

(iii) does not adversely affect its value in provision of environmental goods and services; and

(iv) does not prejudice biodiversity conservation, cultural site protection, or its use for educational, ecotourism, recreational, health and research purposes;



(b) the proposal has been subjected to an environmental impact assessment in accordance with the provisions of the Environmental Management and Co-ordination Act, 1999; and

(c) public consultation in accordance with the Fourth Schedule has been undertaken in relation to the proposal.

6. Provide for the use of appropriate expertise for the design and

implementation of mitigation and monitoring plans. As above

7. Disclose draft mitigation plan in a timely manner, before appraisal

formally begins, in an accessible place and in a form and language

understandable to key stakeholders.

As above

OP 4.12 Involuntary Resettlement

Avoid or minimize involuntary resettlement and, where this is not feasible,

to assist displaced persons in improving or at least restoring their

livelihoods and standards of living in real terms relative to pre-

displacement levels or to levels prevailing prior to the beginning of project

implementation, whichever is higher.

The National Land Commission Act 2012

• Provides for the management and administration of land in accordance with the principles of the land policy set out in Article 60 of the Constitution and the national land policy

• Gives power to the National Land Commission (NLC) to manage public land on behalf of the national and county governments, and to monitor and have oversight responsibilities over land use planning throughout the country

• Mandates the NLC to investigate and provide recommendations on historical land injustices including development-induced displacement for which no adequate compensation or other form of remedy was provided, including conversion of non-public land into public land

The Land Act 2012

• Mandates the National Land Commission and other public officers to use the following guiding principles and values: equitable access to land; security of land rights; sustainable and productive management of land resources; conservation and protection of ecologically sensitive areas

• Provides for methods of acquisition of title to land including compulsory acquisition where land is required for public purposes or in the public interest as related to and necessary for fulfilment of the stated public purpose

• Provides for the conversion of private land to public land through compulsory acquisition, transfer, surrender or reversion of leasehold interest to Government;

• Provides that just compensation shall be paid promptly in full to all persons whose interests in the land have been determined; and

• Provides for the creation of a public rights of way (ROW) or wayleave by the National Land Commission.

OP 4.10 Indigenous Peoples

Design and implement projects in a way that fosters full respect for

Indigenous Peoples’ dignity, human rights, and cultural uniqueness and While the term “Indigenous Peoples” is not used in Kenya, the legal framework recognizes particular concerns and rights of minorities and marginalized groups. The Constitution

No significant gaps Apply either of



so that they: (a) receive culturally compatible social and economic

benefits; and (b) do not suffer adverse effects during the development

process

defines a marginalized community as: “A community that, because of its relatively small population or for any other reason, has been unable to fully participate in the integrated social and economic life of Kenya as a whole;

A traditional community that, out of a need or desire to preserve its unique culture and identity from assimilation,

the two due to insignificant differences

OP 4.36 Forests

Realize the potential of forests to reduce poverty in a sustainable manner,

integrate forests effectively into sustainable economic development, and

protect the vital local and global environmental services and values of

forests.

Forest Conservation and Management Act, 2016.

Where viable alternatives are not available for project that affect non critical habitat the

forest act provides;

Concession on public forests

(1) Where the Service is satisfied that utilization of a public forest can be done through the granting of a concession, the Service shall grant the concession subject to the provisions of the Constitution, this Act and any other relevant written law.

(2) The Service shall not recommend any such proposal unless—

(a) the proposal has been subjected to an independent environmental impact assessment; and

(b) public consultation in accordance with the Second Schedule has been undertaken and completed.

(3) The grantee of a concession shall—

(a) comply with the guidelines or management plans prescribed by the Service;

(b) prepare environmental and social impact assessments as may be required under any other written law;

(c) prepare a concession area forest management plan that shall include inventories, reforestation or replanting programmes, annual operation plans and community user rights and benefits;

(d) protect the concession area from destruction and encroachment by any other person;

(e) ensure that the forest areas under his management are maintained for the conservation of biodiversity, cultural or recreational use;

(f) maintain the physical boundaries of the concession;

(g) take precautions to prevent the occurrence or spread of forest fires in connection with any or all operations within or outside the concession area;

(h) ensure that all structures and facilities constructed or operated by and in connection with any activities are maintained according to the conditions of the license; and

(i) pay applicable land rent, fees and other charges for utilizing forest resources within the concession area;

(4) The concession shall indicate the nature of the concession, including its physical location and boundaries, and the purpose for which it is granted.

(5) A grantee of a concession shall be personally responsible for any loss or damage, including the negligence of the grantee's employees, arising from the grantee's operations on the land for which the concession has been obtained.

(6) The Service may, by notice in the Gazette, withdraw a concession granted under this

No significant gaps Apply either of the two due to insignificant differences



section where a grantee breaches any of the conditions prescribed by this section or prescribed in the concession agreement.

(7) A grantee of a concession shall provide a bond or some other form of financial security in this section referred to as "an Environmental Protection Bond".

(8) An Environmental Protection Bond shall be of an amount sufficient to cover the costs associated with the implementation of the environmental obligations of the holder under this Act.

(9) An Environmental Protection Bond shall be in a form and for an amount as may be determined by the Cabinet Secretary having regard to the particular characteristics of the concession.



ANNEX 6: KENHAS ENVIRONMENT AND SOCIAL SAFEGUARDS POLICY STATEMENT

The Kenya National Highways Authority advances the understanding of the fundamental

interrelationship between development and the environment. This is proactively demonstrated by the

commitment to continually improve the Authority’s environmental stewardship through pollution

prevention, resource conservation and sustainable development.

Our philosophy

No task is too important that damage to the environment is justified.

Performance objectives

The objectives of this policy shall be achieved at all Authority locations. The Authority is committed to

do and will:

Comply with all applicable environmental laws and regulations.

Provide a safe and health workplace for our employees.

Be an environmentally responsible neighbour in the community where the Authority operates.

Make environmental and social concerns an integral part of our planning and decision

making process and commit sufficient resources to implement effective environmental

programs.

Avoid unnecessary use of hazardous materials and products, seek substitutions when

feasible, and take all reasonable steps to protect human health and the environment when

such materials must be used, stored and disposed of.

Employ contractors and other service providers who aspire to adopt the same environmental,

social safety and health standards in their works.

Promote environmental and social awareness among our employees and encourage them to

work in an environmentally responsible and socially acceptable manner.

Establish procedures to ensure that all employees are knowledgeable of, understand and

comply with all applicable environmental laws and regulations and international environmental

and social best practices.

Establish procedures for periodic review of our environmental and social compliance in light

of our current and planned future activities.

Communicate our environmental and social commitment and efforts to our customers, staff

and the public and encourage them to support it.

Working in an environmentally and socially appropriate and safe manner is a condition of

employment.

The Authority’s Senior Management shall be responsible for administering and monitoring this policy.

The Management and Supervisory personnel shall be responsible for implementing and maintaining

the environmental management systems necessary to sustain this policy.

This statement will be reviewed and revised periodically to take account of changing conditions



ANNEX 7: LIST OF STAKEHOLDERS CONSULTED

See separate document.



ANNEX 8: SUMMARY OF COMMENTS FROM STAKEHOLDER CONSULTATIONS

ESMF STAKEHOLDERS CONSULTATION SUMMARY FOR THE NETIP GARISSA COUNTY

List of Stakeholder Consulted

Key stakeholder consultation in Garissa County which combined for both ESIA and ESMF was held

between 27th February and 1st March 2019. The ESIA stakeholder consultation was done in reference to

the Modogashe-Habaswein-Benane Road section.

The following institutions/offices were consulted:

1. County Government of Garissa

Ministry of Roads, Public Works, Transport & Physical Planning.

Ministry of Agriculture, Livestock, Fisheries and Irrigation.

Ministry of Environment, Energy and Natural Resources.

Ministry of Gender, Social Services and Sports.

Ministry of Lands, Housing and Urban Development.

2. Water Resource Authority

3. Kenya Forest Service

4. Kenya Wildlife Service



Table 17; Summary From Filled Questionnaires And Interviews In Garissa County

Respondent Tel. No ID/No Benefits of the

Project

Negative impacts of

the projects and

Mitigation measures

CSR's suggested Community

participation in the

project

Any other comment

KEY STAKEHOLDERS

Aden M. Dahiye –

CCO Environment,

Energy and Natural

Resources Garissa

County

Government

0720914491 Ease of access to

the North-East

parts of Kenya.

Improved area

development by

improving access

and transport for

business people

in the county and

the neighboring

ones.

Create

employment

opportunities for

the locals.

Loss of biodiversity

during road

construction works.

Wildlife migratory

corridors will be

affected hence road

kills and human-wildlife

conflicts.

- The project should

maintain the

current road

alignment

- Create wildlife

bypasses to avoid

road kills.

- Backfilling of

borrow pit sites.

- Restore vegetation

lost by planting

indigenous trees.

Health care

centres.

Primary and

secondary

schools

Boreholes and

controlled water

pans due to

water scarcity.

Solar energy

projects.

Involve local

Leaders in

decision

making.

Consider the

community as

first priorities for

job

opportunities

Locally sourced

materials to be

used.

Protect wildlife corridors

that are along the road’s

route.

Share both the

implementation and

progress report with the

ministry of environment.

Required revenue to be

paid to county

government.

Compensation of

environmental services

due to deforestation and

environmental

degradation.

Respondent Tel. No ID/No Benefits of the

Project

Negative impacts of

the projects and

Mitigation measures


participation in the

project

Any other comment



Mohammed Idris –

Chief HRMO

Agriculture,

Livestock, Fisheries

and Irrigation

Garissa County

Government

0720716828 It will ease

transportation.

Create market for

livestock and

agricultural

produce.

Enhance

infrastructure in

the county.

Spread of livestock

diseases as a result of

water resource

contamination.

Insecurity during road

construction period.

Loss of trees and

vegetation as a result of

clearing.

- Trees should be

planted along the

road

- Support livestock

vaccination.

Boreholes and

controlled water

pans for drip

irrigation.

Schools and

health centres.

Job opportunities

should be given to

the community

members.

The locals should be

involved in making

decisions with

regards to the

proposed CSR

projects.

All comments and

mitigation measures

captured should be well

elaborated in the ESMP

with proper enforcement

and compliance during

the project cycle.

Abdiweli

Mohammed-

Principal

Administrator

Lands, Housing

and Urban

Development

Garissa County

Government.

0722704631 22535532 Improve

infrastructure and

urban growth.

Promote the

increase of land

value in the area.

Ease of access to

market centres

hence improving

market

productivity.

Environmental

degradation as a result

of construction works.

- Reseeding of the

cut trees and

backfilling of the

mining sites after

completion of the

project should be a

priority.

Boreholes,

Schools and

Health

facilities.

Involve the locals in

decision making and

offer them job

opportunities.

Use of local

available materials

for the road project.

None.

Abdi Ali –

Accountant

Gender, Culture

and Social Services

Garissa County

Government.

0722697401 Improve trade

along the

Northern corridor,

within the county

and the

neighboring

counties.

Impact on trees and

vegetation loss will rise

due to road

construction works.

- Reforestation

should be done to

Livestock

sheds.

Boreholes.

Income

generating

activities.

Provide job

opportunities for the

local community.

Use locally sourced

materials for the

project.

The upgrading should

be done within the

shortest time possible.



Ease the cost of

transportation.

Ease of access to

the far areas.

replace lost

vegetation cover.

Penuel Kemboi –

Chief Engineer and

Director Roads and

Transport Garissa

County

Government

0720764633 It will open up the

Habaswein,

Modogashe, and

Benane towns to

further economic

development

Ease of access to

the initially

secluded areas.

Improved road

safety.

Environmental

degradation and loss of

biodiversity due to

vegetation clearance

along project’s route.

- Planting of trees

along the proposed

road project after

completion.

Boreholes

Schools

Health

dispensaries.

Provide employment


local communities

and engage the

elders and relevant

stakeholders in

decision making.

Inculcating proper

drainage systems within

the road’s design.

Kuyoni Lemereu-

Warden 2 Kenya

Wildlife Service

Garissa County


Northern arid

areas.

Improve security

responses to

wildlife threats

and dangers.

Creation of jobs

for the local

community.

Disturbance along the

wildlife dispersal areas.

- Installation of

signage on the

road for motorists

at wildlife and

livestock crossing

areas.

- Dig water

holes/pans for the

wildlife.

Provide

boreholes at

designated

areas for the

community.

Hospitals and

police posts

should be

considered to

improve the

area security.

Provide job


local community.

None.

John M. Mwangi –

CWO Water

Resources

Authority- Lower

Tana Garissa

County

0723207195 It will ease access to

goods and services.

Improved access and

security between

towns and counties.

Increase in

trade/business

opportunities

Water points such as

boreholes might be

affected during the road

construction.

- Consider relocating

the water points

which are prone to

be affected by the

project.

Health centers.

More boreholes

and water pans

needed as

water scarcity is

still a problem.

Provide job


local community.

All the mitigation

measures with relations

to impacts on the

environment and water

resources should be

taken into consideration.



Shem O. Migiro -

Ecosystem

Conservator Kenya

Forest Service

Garissa County

0728388106 10019777 Provide ease of

access to goods

and services.

It will open up the

area to

commercial

ventures with

other

accompanied

opportunities.

It will enhance

sustainability of

the environment

through

encouragement of

tree planting,

conservation and

protection.

Clearance of vegetation

will cause deforestation

and the loss of

biodiversity.

- Minimize

vegetation

clearance and

assist in urban tree

planting especially

along the road after

the project.

Provide more

boreholes in water

scarce areas.

Employment

opportunities should

be given to the local

communities.

Compensate the local

community on the

environmental services

lost as a result of

vegetation clearance

and exploitation of water

resources during

construction period.



ESMF STAKEHOLDERS CONSULTATION SUMMERY FOR THE NETIP ROAD

IMPROVEMENT PROJECT-ISIOLO COUNTY

List of Stakeholder Consulted

Key stakeholder consultation in Isiolo County which combined for both ESIA and ESMF was

held between 20th and 22nd February 2019. The ESIA stakeholder consultation was done in

reference to the Modogashe-Samatar-Wajir Road section.

The following institutions/offices were consulted:

5. County Government of Isiolo

Ministry of Lands, Roads, Public Works, Urban Development & Physical Planning;

- Department of Lands, Physical Planning and Urban Development

- Department of Public Works, Housing and Urban Development.

- Department of Roads and Infrastructure

Ministry of Agriculture, Livestock and Fisheries; Department of Livestock and

Fisheries

Ministry of Education, Youth, Sports, Culture and Social Services; Department of

Youth and Sports.

Ministry of Water Sanitation, Energy, Environment, Natural Resources and Climate

Change

Ministry of Tourism, Trade, Cooperative and Enterprise Development; Department of

Tourism and Wildlife

6. Water Resource Authority

7. Kenya Forest Service

8. Kenya Wildlife Service



Table 18:Summary From ESMF Stakeholder Interviews Isiolo County

Respondent Tel. No ID/No Benefits of the Project Negative impacts of

the projects and

Mitigation measures


participation in

the project

Any other comment

KEY STAKEHOLDERS

Philip Lenaiyasa –

CCO Tourism and

Wildlife Isiolo

County

Government


the North-East part

of Kenya by locals

and foreign tourist.

Improved area

development

Loss of biodiversity

during road

construction works

Wildlife migratory

corridors will be

affected hence road

kills and human-

wildlife conflict.

The project should

maintain the current

road alignment

Create wildlife

bypasses to avoid

road kills

Hospitals,

Primary and

Secondary

Schools

Boreholes due to

water scarcity

Involve local

Leaders in decision

making and

consider the

community as first

priorities for Job

opportunities.

Consult other key

stakeholders such as

the Ewaso Lions,

Grevy’s Zebra Trust

and Save the

Elephant.



Osman Bagaja –

Director

Environment,

Energy and

Natural Resources

Isiolo County

Government

0721819981 20644310 It will Ease

transportation

Improve are

Economy

Improve Security

Provide Job

opportunities for

the youth

Dust emanating

during road

construction works.

Potential

Displacement of

people

Loss of trees and

vegetation as a

result of clearing.

Trees should be

planted along the

road

Watering the roads

during construction

to prevent dust from

raising

Workers should be

provided will the

right PPEs

Boreholes,

Schools and Hospital.

Job opportunities

should be given to

the community

members

All comments and

mitigation measures

captured should be

well elaborated in the

ESMP with proper

enforcement and

compliance during

the project cycle.

Qabale Golicha –

CCO Roads and

Infrastructure

Isiolo County

Government

0716624326 It will ease access

to goods and

services (Schools

& health facilities)

Improved access

between towns and

counties

Increase in

trade/business

opportunities

More Schools should

be established as the

education in the area is

wanting.

A large health facility

should be constructed

between Isiolo and

Wajir.

More boreholes

needed as water

scarcity is still a

problem.

Provide Job

opportunities to the

local community.

It is a good project



Kadubo Adano-

CCO Public

Works, Housing

and Urban

Development

Isiolo County

Government.

0722333361 12542183 It will Improve

Accessibility and

Economical growth

Improve transport

efficiency and trade

Degrading soil cover as

a result of excavation

works.

Borrow pits should be

covered after material

extraction.

Boreholes,

Schools and

Health facilities.

Involve the locals

in decision making

and offer them job

opportunities

The project should

consider connecting

to Biligo-Merti-Wajir.

Hadija G. Guyo-

CCO Youth and

Sports Isiolo

County

Government

0726666160 11274574 Provide ease of

access to goods

and services.

Improved

movement of

people to the

North-East part of

Kenya.

Displacement of persons

hence the project should

maintain the current

road alignment and

avoid diverting the route.

Hospitals should be

built along the road due

to the risk of accidents

happening once the

project is done

especially at Yaka

Barsadi, between

Kulamawe and

Kachuru.

A police post should be

established between

Garbatulla and Eldera

which is a bandit prone

area.

Employment

opportunities

should be given to

the local

communities.

Benjamin Lepetet

– CCO livestock

and fisheries.

0725016762 23339833 Improve Trade

along the Northern

corridor, within the

Impact on trees and

vegetation loss will rise

due to road construction

Livestock sheds,

boreholes and health

facilities.

Provide Job


local community.

The proposed road

project should

continue



Isiolo County

Government.

county and the

neighboring

counties.

Improved area

economy

Ease of access to

the far fledged

areas.

works.

Appropriate measures

such as watering should

be put in place to

suppress the dust during

construction.

Kimuta Matthew –

Planning officer

Isiolo County

Government


rural Isiolo to

further

development

Ease of access to

the rural areas.

land acquisition

procedures should

reflect all the land use

regulations and

requirements of the

physical and planning

act

There is inadequate

sensitization of the

project

Provide

employment


local communities

and engage the

elders in decision

making.

The proposed road

project should

continue

Kenneth Murithi-

G.W.O Water

Resource

Authority


the interior

Northern arid

areas.

Shorten the time

taken to travel

along the Northern

corridor.

Displacement and

land grabbing

issues especially by

foreigners.

Conflict between

communities over

the route the road

should take in order

to benefit from

compensation.

Exhausting water

resources and water

pollution

Ensure boreholes

along the road are

not interfered with.

Provide boreholes at

designated areas for

the community.

Hospitals and police

posts should be

considered to improve

the area security.

Provide job

opportunities for

the local

community.

The contractor should

apply for a permit

whenever he intends

to abstract water.

The road design

should put into

consideration the

topography of Ewaso-

Ngiro river due to its

seasonal change in

course.

Therefore appropriate

infrastructure should

be put in place.

G.K Mwaura

Ecosystem

Conservator, KFS


region to

development

Interference of the

ecosystems along

the road during

Boreholes,

Schools and Hospitals.

Provide job

opportunities for

the local

The project is

important to the

region and should be



Isiolo County Improve area

security and

livelihood

construction

Plant trees and

grass along the

road after

completion to

prevent soil erosion

and filling up of

excavated areas.

community.

allowed to continue

Table 19: SUMMARY OF COMMENTS FROM STAKEHOLDER CONSULTATION MEETINGS (WAJIR-ELWAK)

Date and Venue/Location

Name of Respondent

Telephone/ID no.

Summary of comments CSR's suggested Team Response

2nd February 2019, Tarbaj Town –

Meeting 1

Ali Noor Hussein The road design should be reviewed to reduce the impact of relocating the community since the existing corridor is enough and the new design of the road have affected permanent building in Wagbere.

The attendees listed the following as the most important needs;

Modern health facility.

Chief camp in wagbere

Mixed secondary school.

Ismael Dust emission during construction could be a cause of many respiratory illnesses if not properly mitigated. Proper mitigation should be undertaken to suppress the dust.

Habiba Concerned about the change of the existing road corridor on the design which have affected residential homes, she recommended that the existing road corridor to be considered for the expansion of the road.

She was concerned about relocation since the cost of land in town has gone up and available land is in the villages where they women have no access to water and social amenities.

Ahmed Hussein The contractor should provide a diversion during construction to allow free movement of vehicles.

The contractor and the workers should respect the



culture and religious beliefs of the community in Wajir.

The workers should be cautioned against luring women and young girls

Zainab The road should be realigned within town to reduce the Impact of moving people

2nd February 2019, Tarbaj Town –

Meeting 2

Mohammed Telle 0707904405 Compensation should be done before the construction of the road.

Water ways along the road that direct rain water to water pans during the rainy season, should be considered and where possible culverts should be constructed to allow the continuous flow of water to the water pans.

The attendees listed the following as the most important needs;

Water

Primary school

Girls secondary school

Yunis Adam 0713392659 Mitigation measures should be taken during construction to mitigate the dust within the town. The contractor and the workers should respect the culture and religious beliefs of the people.

Young school going children should not be involved in the Project works or labor

The contractor and the workers should have good working ethics to respect women and young girls in the area to avoid conflict with the local community and prevent teenage pregnancies and luring young girls

Yusuf Mowlid 0722448192 The trees along the road corridor in the town Centre are of great use to the community, they hold the meetings under these trees, some of the trees hold cultural value and some of the tree leafs are used as vegetables.

Hassan Mohammed

0741753218 While sourcing for labor the contractor should consider the local skilled and non-skilled personnel. Priority should be given to the local youths

Mohammed Awal The campsite should be constructed away from the town this will help in reducing the population within the town. The contractor should seek his own sources of water to avoid conflict with the community.

2nd February 2019, Adan Suleiman The project has both negative and positive impacts. On The attendees



Hungay Town the positive the travel time shall significantly reduce, the town centres along the road shall develop; new investor shall come to the areas, reduced vehicle damage, increase security response.

The negative impacts; increased accidents, increase livestock and wildlife road kills.

In Hungay the community produces gum Arabica in small scale, cutting trees along the road shall impact negatively on production.

The community living in Hungay is very poor and demolition of existing structures shall reduce them to more poverty. The structures in Hungay centre were built by the help of OXFAM. During construction the structures should be compensated

requested for the following

Water

Health centre

Primary school

Wario Omar Hungay town have no access to water, the available water is piped from Tarbaj and Wajir

Consider providing water point or bore-hole in Hungay as a CSR.

Kusow Dakane Samata

1047021 Concerns regarding compensation process and when it was to be done i.e. before or after construction of the road

Compensation shall be done prior to project implementation.

Idle Hishaw Concerns on whether the affected parties whose business fall along the road corridor, as per the road design, will be compensated.

The contractor should have a borehole in the area for construction and consider handing over the borehole to the community

All the affected people shall be involved in the compensation process. Valuation of the affected properties shall be done. A livelihood restoration programme shall be developed.

An agreed cut-off date shall be given during the



Haredha Abdile Many of the women residing on the town centre depend on business as the only source of livelihood if the structures will be demolished their livelihood shall be negatively affected

RAP. Notices to move shall be given 6 months prior project implementation or before the Pap’s are moved

Hassan Any behavior that is not acceptable to the community shall not be allowed in the community. The workers should respect the Muslim religion which is dominant in the area. All the impacts highlighted should be mitigated to avoid conflict with the community

The contractor should seek for alternative water sources to avoid conflict with the community.

The contractor should give preference to local youths for casual employment

3rd February 2019, Chiefs Camp In Wagbere Town

Mohammed Antel 0710825208 The road project is a good initiative. The benefits of the road are more than the negative impacts. He recommended that compensation of affected properties to be done. Local youths lack skills but during construction the non-skilled labor should be given to the youths.

The attendees listed the following as the most important needs

Water

School

Mohammed There shall be increased accidents due to speeding vehicles. Proper mitigation measures should be



considered.

The road design should include proper signage showing crossing areas for livestock, school going children bumps should also be provided where necessary in towns

Support women groups

Amina Arrow 0720303162 The project is a good initiative that shall reduce travel time, and ease access to other towns. Women groups within the areas should be supported during the construction of the road to provide various services such as food supplies

Halima Mohammed 0726575570 What is the road corridor width?

The Project proprietor should provide water to the community as part of CSR activity.

Women should be considered for employment during the road construction.

The local community shall be considered for casual skilled and non-skilled labor. Women shall also be part of the project and shall be considered for employment.

The road corridor width is 60 metres. Compensation of affected structures shall be done through a RAP process.

Table 20: Summary of Comments from Stakeholder Consultation Meetings held between 20th to 26th February 2019 (Modogashe-Wajir)

Date and

Venue/Location

Name of

Respondent

Telephone/ID

no.

Summary of comments CSR's suggested Team Response



20th February 2019

at Leheley Trading

Centre

Mr. Ahmed

Haji Abdulahi

0721674557 Raised concerns about destruction

of property along the road and

whether compensation will be done

for the same.

Concerns about Security issues as

a result of the road especially

around the non-fenced schools

bordering the road.

All the affected property including land that

has been affected by the road project will be

compensated before construction of the road

commences. Appropriate measures will be

put in place to ensure that schools along the

road are secure during construction of the

road. Contractor staff will be sensitised on

the same to ensure that there is no

interference with the school operations.

Mr. Ugas

Abdille

0701516590 Concerned on whether

compensation will be less than the

value of property affected by the

road project

The affected property including land will be

valued and compensated at the current

market rate (replacement value). This is

done to ensure that that the property owner

is able to build a similar structure or

purchase an equal size of land in the area

where the asset has been affected.



Mr. Maalim

Adan

0723277340 Concerns rose regarding the duty

of the Government to those

displaced from their land and the

affected frontline businesses as a

result of the project.

The government will ensure compensation

for affected land will be done at the current

market rate. This will enable affected land

owners be able to purchase land for their

use within the same area.

The affected businesses within the

designated road Right of Way (RoW) will be

given ample notice to vacate. Those whose

businesses are affected and do not lie within

the road RoW will be compensated for land,

structures and disrupted businesses.

Mr. Salat

Mohamed

Kuzo

0701390476 Many meetings have been done,

however no compensation has

been done yet.

Concerns were also raised on how

land owners without documentation

will be compensated.

Compensation will be done before road

construction commences.

Local Administration and County

Government will be able to confirm land

ownership to enable compensation to be

done to the rightful owners

Mr. Mohamed

Ibrahim

0727809207 Suggestions on a local committee

to be formed, to coordinated

activities in relations to the project

such as meetings, since the

number of meetings being called

for is overwhelming.

There are set procedures that have to be

followed to ensure that all persons in the

project area and those affected by the

project are fully consulted and understand

project environmental impacts,

compensation and resettlement procedures.



A committee will be formed to oversee the

compensation and resettlement process

Mr. Adan Salat 0726403062 Raised Concerns about the

different sizes of RoW for various

roads.

The member needed assurance

that compensation will be done to

all the project affected persons.

Roads have different classes hence different

RoWs. Initially the Modogashe-Wajir Road

was Class B (40m wide) It has now been

upgraded to Class A (60m wide). All affected

persons will be compensated before

construction commences.

Mama Hadila

Abdi Karim

Suggestions that the Government

should consider women, since a

good number are poor widows

struggling to earn a living along the

road to feed their children through

small kiosk businesses along the

RoW.

Ample notice will be given to those operating

kiosks along the RoW. The vendors have an

opportunity to continue the small businesses

outside the road RoW

20th February 2019

at Chiefs Office in

Wajir Town

Mr. Ali Abdi

Fara

Raised concerns about the graves

that are likely to be affected by the

road project

Projects the participants

considered a priority include;

Sanitation facilities that

can serve the Soko

Mjinga Vendors in Wajir

KeNHA will review the road design to avoid

impact on such graves.



Mr. Aden

Garat Abdi

0725350502 Enquired on how the ESIA report

would reach Wajir.

Concerned about unwanted

pregnancies in the project area as

a result of workers interacting with

the local girls and the measures put

in place to avoid the same.

Town

Provision of Veterinary

Services to Pastoralists.

Provision of Adequate

Water to the residents of

Wajir Town

The ESIA Report will be widely circulated

and there will be a copy in Wajir for the

community to review

Parents of children in the project area are

encouraged to carry out

sensitization/education of their children how

to protect themselves from sexually

transmitted diseases and unwanted

pregnancy

Madam Duba

Aden

Enquired on whether job

opportunities will be given to the

locals during construction and

requested that all the affected

people be fully compensated.

Community members will be offered first

priority on jobs available during construction.

Men, women and youth will all be considered

All affected persons will be fully

compensated before construction of the road

project commences



21st February 2019

at Boji Trading

Centre

Mr. Hussein

Abdulahi

0710931187 Concerns regarding the measures

put in place to address grievances

during construction were raised.

A suggestion was made that a local

committee composed of local

leaders be formed to solve raised

issues in good time.

Projects the participants

considered a priority include;

Water (Boreholes BH)

School for the

Community. (The

existing school is small

and students learn under

trees).

There is a dispensary

without beds. Pregnant

mothers have to be taken

to hospitals in Wajir

Town (approx. 37km

away) to go and deliver.

There will be a committee composed of local

leaders, religious leaders, community

members and KeNHA who will be charged

with the responsibility of addressing issues

as they emerge



Mr. Mohamed

Osman Abdi

0716591811 Some locals don’t know their fate

as to whether they are affected or

not by the road project. A status of

confirmation was required.

The Initial RAP Study for the road project

has been done to identify those affected.

There will be a review of the same very soon

to confirm if there is anybody that may have

been left out. Later there will be a team of

surveyors that will carry out marking of the

road alignment boundaries. The team will be

composed of surveyors from the following

organisations/Institutions:

KeNHA Surveyor

County Roads Surveyor

County Housing and Planning

Surveyors from Wajir, Isiolo and Garissa

Counties

PAPs Surveyor (if need be)

The above road marking will be done openly

and in the presence of the PAPs

representative so that every PAP will be able

to know how they are affected.

Mr. Mahat

Abdi Hassan

Suggestions of laying speed bumps

where people and animals cross

along the highway have not been

included in the reports so far.

The issue of speed control to avoid

accidents in areas where community

members and wild animals cross will be

addressed. Where necessary appropriate

measures including bumps will be put in

place.



Mr. Olad

Mohamed

Dubow

Raised concerns regarding cutting

trees along the road which are

usually used by long distance

travellers for shade.

Only trees that must be cut down will be cut

down during road construction. Those large

trees that can be avoided will not be

touched. As part of the reforestation, KeNHA

will facilitate planting of trees to replace

those that have been cut. They will also

encourage/facilitate planting of trees along

the road corridor to improve the project area

environment.

Mr. Ibrahim

Abdi Bulle

0723345993 Concerns raised about the

measures put in place to address

matters regarding project affected

land owners

Land owners will duly be compensated for

the affected land and businesses that will be

disrupted by the project. Ample notice will be

provided to affected persons to relocate to

new areas where they can continue with

their businesses



Mr. Omar

Osman Kusow

0708733408 The member sought to know

whether persons who did not

receive letters affirming the

possibility of getting affected by the

road project along the corridor

should continue with their

development activities along the

road.

There will be a team that will carry out a

review of the road corridor affected persons.

A team of surveyors will also demarcate the

road corridor that will ascertain who has

been affected and those that have not been

affected.

No new development should be done along

the road corridor since a cut-off date (Feb

21, 2018 for Modogashe-Samatar Road) had

already been set and if the new development

falls within the corridor, no compensation will

be paid out.

Mr. Noor Abdi

Bulle

0714288426 Fear by the member that the

boreholes handed to the

community by the contractor after

the project would be taken over and

closed by the area politicians

leaving the community in despair

When the contractor completes road

construction activities, the boreholes will be

handed over to the community through their

representatives (committee).

Mr. Abdi Adan

Abikar

Suggestion were made that local

mechanism be used first to solve

emerging issues before escalating

to higher offices

All emerging issues and conflicts will be

solved locally through the committees that

will be set up. Issues will only be escalated

to higher offices if the local mechanisms fail

to provide a solution.



Mr. Hussein

Osman Abdi

Concerned on why some affected

property owners were consulted

and other neighboring property

owners were not registered as

affected.

The road corridor will be marked by a team

of surveyors and it will become very clear

who is affected and who is not

Mr. Adan

Dugow Ibrahim

07260998636 Boreholes that are drilled in Boji are

never completed to the required

depth hence the boreholes never

get to the water level. It appears

there is someone against Boji

getting successful boreholes

The contractor will be able to drill boreholes

for construction and hand them over to the

community once construction is completed

21st February 2019

at Lagbhogol

Trading Centre

Mr. Adow

Abdullahi

Rahim

0704978194 The member required affirmation

that the Government would

upgrade the road as promised

before.

Water is the biggest

challenge. There is no

potable water and boreholes

sunk in the area are saline.

There are 2 water pans that

need improvement that can

serve the community.

The road is going to be constructed as has

been indicated. This ESIA Study and the

RAP study are being carried out to identify

project environmental impacts and project

affected persons for resettlement



Mr. Sheikh

Abdi

There are doubts on survey done

since some people are being told

they are affected while others along

the same row are not being told

anything.

The date of commencement of the

project is still unknown to the

locals.

The ESIA study are being done to get ESIA

license and to identify potential

environmental and social impacts of the

project before construction commences. The

date of commencement is not certain , but

once the ESIA and RAP studies are

completed and the project affected persons

are compensated and resettled, the road will

be ready for construction

Madam Halima

Hassan

0724383239 The project is going to affect a

number of people and there is hope

they will be well compensated.

The member was also Concerned

on why the project has taken a long

time to commence.

All project affected persons will be

compensated at the current market value for

land and replacement cost (cost required to

put a similar structure at the current market

rate).

The road construction has taken time to

commence because of the preparations

required including the ESIA and RAP studies

and proper determination of project affected

persons for compensation and resettlement.

This process has to be followed to ensure

everybody affected by the project are

appropriately compensated and resettled.

Mr. Abdi

Adowo

Concerned with when the project

will start

The exact date of commencement is

unknown, but once the ESIA and RAP

studies are completed and the project

affected persons are compensated and

resettled, the road will be ready for

construction. KeNHA is in the process of

identifying a contractor.



Mr. Abdi Rage 0718672689 Information regarding the specific

land boundaries adjacent to the

road corridor is unknown to confirm

the persons affected by the project.

The RAP study team who carried out survey

identified project affected persons. Another

team will soon come to confirm the affected

persons. To make sure everybody knows the

boundary of the road corridor affected by the

road corridor, a team of surveyors will carry

out survey and mark the road corridor so

that all PAPs are made aware how the road

corridor is affecting them. For those who do

not know the boundary of their land, they are

advised to seek assistance from their County

land and planning Office

Mr. Mohamed

Ibrahim

Abdullahi –

Senior Chief

Lagbhogal

West

0721881588 The Centre of Lagbhogol was

started by the community members

even before the Council

demarcated land to set a side road

corridor. The community should

therefore not be penalized for

putting up structures within the road

corridor

If the centre was set up before the councils

demarcated the area, then such information

should be provided to the authorities so that

appropriate measures can be put in place to

safeguard land property. Such information

will guide further consultations on the next

cause of action



Mr. Mahat

Ahmed

0728950562 Raised concerns regarding parties

responsible for compensation in the

case of livestock and wildlife road

kills during the project

Accidents that are caused by the

contractor’s vehicles and machinery will be

taken care of by the contractor. Any other

accident caused by road users will be the

responsibility of the individual road user. The

contractor will be responsible for ensuring

that signage at all road sections under

construction and deviations are well and

clearly marked

22nd February 2019

at Gutichar/Samatar

Trading Centre

Ali Abdi Hashi 0729788483 The member sought clarification on

the size of the road and how

compensation will be done with

regards to the affected persons.

The attendees listed the

following as the most

important needs

School Facilities

Health Facility –

Dispensary

Water Pans.

Class A requires a road corridor of 60m

(30m on either side from the centre of the

carriage way. Before compensation is done,

a team of surveyors will come to the ground

and mark the road corridor. All persons with

land and structures next to the road corridor

will be shown how they have been affected

by the new road corridor.

Mr. Abdi Salan 0713372905 Concerns raised on whether

previous suggested CSR project

were put into consideration

The requests were recorded and the report

is with KeNHA. KeNHA has the mandate of

constructing roads but they will share the

requests with other relevant agencies. To a

large extent, the issue of water will be



addressed by the contractor since he will be

sinking boreholes for construction activities.

These boreholes will be handed over to the

community after completion of construction

works. The will be allowed to use he

borehole water during construction but

priority will be the road project during

construction

Mr. Kulow

Mohamed

0705857240 The member sought clarification on

compensation issues surrounding

the Nuno-Modogashe Road

The delay in carrying out compensation

arose from the fact that the PAPs changed

their minds about the compensation value

after initially accepting it. This resulted in

some delay since the compensation had to

be revisited again and construction can only

progress when compensation process has

been completed

Mr. Mahmud

Farah Abdi

0704307949 Most facilities like schools, water

pan and Boreholes are located in

Kanchara Location Wajir West Sub-

County while Samatar Sub-location

Wajir South Sub-County has none.

The borehole that was drilled 5

months ago has not been equipped

The issues raised have been noted and will

be forwarded for action

Mr. Hassan

Abdullahi

0713879011 Suggestions made that the

contractor should target good water

from the boreholes which will be

later handed over to the community

for use in irrigation purposes.

The contractor will target good quality water

for the road construction but may not

guarantee that he will get good water for

irrigation. The interest of the community in

carrying out irrigation agriculture is noted

and perhaps development of water pans

should be considered

Madam

Habiba Abdi

Omar

0717933571 Women are the backbone of the

community. They are the ones

providing for the families. When the

road is being constructed, ensure

that you provide ample shades at

the bus stops where women can

keep their milk while waiting for

The contractor will include ample shades at

the bus stops so that women can be able to

keep their commercial milk that is being

transported to other centres/towns.

The Borrow pits/Quarries will be developed

into water pans for use by the community if

they choose to advise so.



transport to urban areas. We also

request that quarries/borrow pits be

converted to water pans so that we

can have adequate water irrigation

Mr. Ali Abdi

Hashi

0729788483 Fear by the member that the

contractor will bring a lot of money

into the project area that will

influence our girls and wives into

sexual activities that may result into

unwanted pregnancies, sexually

transmitted diseases and other ills

KeNHA together with the project area

religious and administrative leaders should

sensitize/educate community members

including youth on the consequences of

engaging in illicit sexual activities. The

contractor will also be expected to caution

and also sensitize/educate the workers on

the same. Parents will be expected to talk to

their children about the changes and

influences that might be brought about by

the project and how they can guard

themselves against falling prey to illicit

activities

Madam

Magala Abdi

0728905757 Request by the member to help

enhance a women’s group in the

area that is struggling to survive (Al

Furqan Women Group).

The request has been noted and will be

shared with potential agencies that can offer

support

22nd February 2019

at Kanchara Trading

Centre

Mr. Mahat

Ahmed

Samow

Concerns raised regarding how the

project affected persons who are

prone to loss property will be

assisted.



important needs;

Water Pans

All project affected persons are being

identified and their assets inventoried and

valued for compensation and resettlement.

They will be compensated and resettled

before construction activities commence



Mr. Osman

Abdi Hussein

0729975636 The member sought to know how

compensation will be done with

regards to a safaricom mast on his

land parcel that is likely to be

affected by the road project.

School Facilities –

students are learning

under a tree.

Health Facility – Patients

have to be rushed to

Habaswein (approx.

22km away) for medical

attention

The affected area will be surveyed and

valued for compensation. The survey that

will be done to mark the road corridor will

guide you to know whether the safaricom

mast is affected or not. If it is affected and it

deserves to be compensated as an affected

structure, then compensation to relocate it

will be paid.

Madam Shalla

Abdi

When implementing the road

project, kindly consider both sides

of the highway (Wajir West and

Wajir South

All sides of the road will be considered

during implementation of the project. The

contractor will work very closely with the

committee that will be put in place to

oversee project activities within the area.

These will include distribution of job

opportunities and businesses that will arise

during road construction like provision of

materials and other services to the

contractor

Mr. Mohamed

Gabow


compensation matters regarding

his personal water pan which might

be affected by the project.

If the water pan is affected by the road

corridor and deserves to be compensated

then KeNHA will pay out the compensation

after valuation of the affected part.

Mr. Osman

Salat

0712657995 The dimensions of the Class A road

of 60m wide corridor is big and

hence many people will be

affected. The project area also has

very few title deeds that can be

used to identify the true land

owners

Community members, local leaders and

elders know who the land owners are and

will assist in identifying them. The County

Government will also provide assistance in

establishing true land owners for

compensation. Land owners who are

affected but do not have land documents will

be identified and compensated using the

above mechanism.

Madam Amina

Ahmed

0798762434 There are many women who earn

their daily livelihoods from

A RAP study on the project affected persons

is being carried out and recommendations



businesses along the road corridor.

Majority of them are widows. The

member sought to know how will

such persons be assisted

will be provided on how such persons will be

assisted. KeNHA only has the mandate of

constructing and maintaining highways but

they allow small businesses to be conducted

along the road corridor without interfering

with the flow of traffic

Mr. Osman

Abdi

0729975636 The youth requested to be given

first priority when job opportunity

become available during road

construction

Equal opportunities for jobs will be provided

to community members during construction.

There will be jobs that can be done by skilled

and unskilled workers. Committee members

that include elders and religious leaders will

assist in ensuring equitable distribution of job

opportunities is done

Mr. Hassan

Abdille

The member sought clarification on

compensation matters in relation to

business owned along the road

corridor

Those doing business along the road

corridor and have been determined to be

genuinely affected by the expansion of the

corridor will be compensated. The rest will

be given notice to relocate outside the

corridor. Urban centres where demarcations

are not very clear, KeNHA will carry out a

case by case review to determine how

compensation should be implemented.



Madam Rukia

Hassan

07578448900 Concern was raised on how

compensation will be done in a

case where only a portion of land

will be affected by the project

If the remaining part of the land is large and

usable for the intended purpose, then the

compensation will only be for the affected

area. If the remaining part of the land is too

small to be put into any meaningful use, then

compensation will be for the whole parcel of

land

Bishar Bare –

Chairman

Peace

0727508287 The member trusted that KeNHA

will engage a good contractor.

He also sought to know how

KeNHA will ensure that the

selected committee does not get

influenced by the high and mighty

of the society.

KeNHA will engage a qualified contractor

who fulfils the requirements since

construction of a class A road has its

requirements

The committee members will be composed

of religious leaders, local leaders and

representatives from the community. We

believe these persons will have the integrity

to safeguard the interest of the community

and guard against any influence from

outside.



Mr. Omar

Mohamed


his rented business will be

compensated in the case where the

project affects the business.

If the affected rented structure deserves

compensation, the disruption of your

business will also be determined and

compensated. This is done by paying the net

monthly income for a period of 3 months. It

is believed that within 3 months the affected

business can be relocated and re-

established

23rd February 2019

at Habaswein

Trading Centre

Mr. Haret

Salah

The member was concerned about

his house which he build next to the

road corridor



important needs;

Cattle Dip

Hospital Upgrading

(should consider both

sides of the highway

Slaughter House.

If the road corridor was observed then there

is no cause for alarm. The road corridor will

be marked by a team of surveyors and all

persons with property close to the road

corridor will be able to whether they are

affected or not and the magnitude of the

impact

Mr. Guled

Ibrahim Farah


who were eligible for

compensation.

Those who have built outside the original

building line but have now been affected by

the road corridor will be compensated.

Those who built within the old building line

will not be compensated since they have

encroached the road corridor



Madam Nuria

Abdi

It appears that many people will be

affected by the road project since

the initial measurements given to

the land owners by the local

authority was 20 feet from centre of

the road

The County Councils (County Government)

were giving a distance of 20m and not 20

feet. This will be verified since records are

with the County Governments of Wajir,

Garissa and Isiolo

Mr. Bare Abdi

Ogle

0729571911 The member sought to know

whether there will be proper

documents showing affected

property that will be compensated

and demolished.

Land allocations have not been

properly done and this may create

challenges during compensation

Property affected by the road project will be

well documented for compensation. As far

as identifying the true land owners is

concerned, local and religious leaders and

community members will be consulted.

There will be further consultation with

County Offices to establish true land owners

since very few land owners have

documentation.

Mr. Osman

Salat

0703223124 Fear that most important trees will

be cut down, considering that they

are mostly used by travellers for

shade.

Trees that do not have to be cut down will be

avoided. There will be a campaign to plant

trees to replace those that have been cut

down.

Madam Amina

Ahmed

The member sought to know

whether KeNHA would compensate

the affected land owners who have

allotment letters

Compensation will be done if land ownership

will be confirmed by the County land offices

and NLC

23rd February 2019

at Lagdima Trading

Centre

All the speakers welcomed the

project and suggested that it is long

overdue and should start

immediately.

Lagdima Centre has been

provided with a borehole

located 1km away. They are

looking for support install a

pipeline from the borehole to

the trading centre.

They also need support to

install a solar plant that can

pump water from the



borehole to the trading centre

Schools require support to

expand the classrooms.

25th February 2019

at Modogashe Town

(Lagdera)

Mr. Rashid

Sagal Abdi


how the project will affect the

people

Boreholes for domestic water

supply

If persons with land next to the road corridor

have not built inside the building line then

they have not encroached hence if they are

touched by the road corridor, they will be

compensated. On the other hand, if they

have constructed inside the building line,

they have encroached and will not be

compensated. In urban centres, like

Modogashe Town, further consultation is

taking place to address past oversights that

may have resulted in encroachments being

observed

Mr. Mohamed

Sambu

0728719774 There should be a proper plan on

the payment for quarry and borrow

pit sites to avoid misunderstanding

among community members

There will be a committee comprising

religious and local leaders that will represent

the community during negotiations. The

community will decide how the funds are

going to be used.

Mr. Madei

Nyunyo

The member sought to know if

quarry workers are also eligible for

the job opportunities

All community members will be given equal

opportunity for the available jobs during

construction.



Madam Lulu

Aden

0725082627 Concerned whether the contractor

will commence the project before

compensation is done.

The contractor will only commence

construction after all persons are paid

compensation and resettlement is done.

Hence KeNHA wants to ensure that all

issues are resolved before construction

commences to avoid disruption of

construction activities

25th February 2019

at Skanska Trading

Centre

Mr. Mikail

Rashid


issues affecting compensation on

the Nuno-Modogashe Road.

Two neighboring structures along

the corridor brought confusion as

one of the structures was said to be

affected while the other was not.

Project affected persons accepted the

compensation offers that had been given to

them. Later on a few decided to change their

mind and refused the offers. This meant that

the affected section could not be released

for construction until a settlement is reached.

This resulted in the delay of compensation

payment

If the two houses are on the same front line

to the corridor, they should both be affected,

however there will be a team of surveyors

who will mark the road corridor so that

everyone is made aware of whether they are

affected or not

Mr. Mohamed

Garane Isaack

0713170146 The member hoped that job

opportunities will be given to the

community with assurance that

they will perform the given jobs

well.

The community will be given priority

consideration for jobs when the contractor

starts the construction work. The community

religious and administrative leaders serving

in the committee that represents the

community will ensure that there is fairness

in the distribution of job opportunities



Mr. Jelle

Hussein

0720412927 There are affected land parcels that

do not have anything. The member

sought to know what will happen in

that case.

The land owners will be compensated for the

affected areas of the land

Mr. Mahat

Hassan

0792561784 Fear by the member that there may

be external influence from

politicians that may change the

community agreement to the

project and this may result in

conflict.

Concerns rose regarding how

compensation will be done where

land documents are not avilable.

KeNHA will ensure that what has been

agreed on is implemented. The committee

representing the community will oversee

this.

KeNHA and NLC will use information local

offices, elders and community members and

also support from the County Land offices to

establish land ownership for compensation

Madam

Mahata Dubow


the project will benefit the women

with regards to job opportunities

There will be equal opportunities for jobs in

the project. The contractor will identify jobs

that women can perform. Community

members will also be able to get jobs within

the contractor camp like cleaning, cooking

etc.



26th February 2019

at Modogashe Town

(Sericho)

Mr. Mohamed

Mandera


where the road starts at

Modogashe and was concerned

about structures within the 40m

corridor not being compensated.

A suggestion was made that the

road alignment should avoid

Mosques/Graves sites.

Water (Boreholes/water

pans)

School (Boarding for

Girls)

Health Facility (Upgrade

Dispensary to Hospital)

The surveyors are working on the final

designs and they will come to the ground to

identify the start. Discussions are underway

at very high level to discuss the concerns

about the start.

The issue regarding compensation of

affected property in centres like Modogashe

is being reviewed to arrive at a win-win

situation

Special places such as graves/mosques will

be avoided.

Mr. Ibrahim

Kanata

0720915853 People in Sericho are marginalized.

The place is dry and the people are

suffering. The town was started

way back in 1957 before systems

were put in place hence there

should be no penalization during

road construction.

All affected property should be

compensated

KeNHA has taken note that there should be

further consultations regarding road corridor

in centres including Modogashe due to lack

of enforcement of the required road way

leave in the past. This will assist in the

determination of how compensation will be

handled

Mr. Ibrahim

Halake

0725005088 The member sought to know who

will be responsible for

compensation (GoK or the

financier)

Compensation payment for the affected

property (land, structures and businesses)

will be done by Kenya Government



Mr. Hussein

Dida

0705952650 The member hopes that the

contractor will provide jobs for the

local community members

The constructor will be made aware that

community members will be given jobs

during construction. The committee

representing the community will work with

the contractor to realize equitable distribution

of jobs is achieved and those given jobs

work to the satisfaction of the job

requirements

Mr. Hussein H.

Boru

0728460762 Expectations made that the

demolitions will have a human face

so that it does not displace our

people and make our community

members poorer

Contractor camps should be

located away from community

settlements to avoid sexual

exploitation and abuse by

contractor workers

Affected persons will be given ample time to

relocate their structures and their

businesses. Appropriate compensation will

be paid out to affected persons.

The committee that will be set up to work

with the contractor will look into all the issues

affecting the community and help the

contractor identify a suitable location



ANNEX 9: GENERAL ENVIRONMENTAL AND SOCIAL MITIGATION PLAN

Impacts Mitigation Measures Responsibility Time Frame

ST MT LT

Physical Environment

Waste Disposal Provision of waste receptacles and facilities

Separation of waste at source

Training and awareness on Safe Waste Disposal in construction camps for all workers

NEMA approvals on final waste disposal

Collection and temporal storage of Waste oil /fuel from vehicles and equipment.

Contract NEMA approved waste collector & transport

Waste oil disposal by NEMA approved oil marketing companies or agents.

Contractos Supervision Consulant KeNHA NEMA, County Governments

Air pollution Operation of well-maintained machineries by the contractors.

Routine maintenance program for all equipment and machineries on site.

Use of good quality fuel and lubricants only.

Wetting of operational sites to reduce dust raising

Contractos Supervision Consulant KeNHA NEMA,

Noise and Vibration Maintaining daytime working hours (8am to 7pm).

Use well-conditioned and maintained equipment and vehicles with some noise suppression equipment (e.g. mufflers, noise baffles) intact and in working order.

Ear covers for noise level control

Ensure contractual agreements with the construction contractors on noise and vibration mitigation.

Implementation of best driving practices when approaching and leaving the site (speed limit of ≤30 km/hr) to minimize noise generation.

Switching off Engines of vehicles/trucks and earth-moving equipment and other machineries when not in use.

Contractos Supervision Consulant KeNHA NEMA, Department of Mines and Geology

Interference with the visual landscape

Landscape installation after construction and restoration of disturbed areas e.g. borrow pits for visual aesthetics

Rehabilitation of degraded sites

Contractos Supervision Consulant KeNHA NEMA, County Govenments

Water over-abstraction Issuance of water abstraction permits from the relevant authorities.

Contractos Supervision Consulant



Use of water efficient technologies or methods of construction KeNHA NEMA, WRA

Water pollution Banning of garbage/refuse, oily wastes, fuels/waste oils into drains or onto site grounds

Proper securing of fuel storage tanks/sites to contain any spillage

Complying with water quality regulation

Maintenance and cleaning of vehicles, trucks and equipment far from project sites or close to water bodies.

Adequate provision of Toilet facilities at the construction sites avoids indiscriminate defecation.

Contractors Supervision Consulant KeNHA NEMA, WRA

Soil and Land Degradation Minimal land clearing

Rehabilitation of degraded areas

Minimal construction work during rainy season

Avoid spillage of hazardous waste

Ensure proper restoration and rehabilitation of the material and campsites

Contractors Supervision Consulant KeNHA NEMA, County Government

Interference and destruction of Faunal habitats

Avoidance or minimal disturbance on sensitive habitat areas.

Regular inspection and monitoring on identified or suspected sensitive habitats (swamps/ wetlands), prior to start and during work.

Species assessment

Contractors Supervision Consulant KeNHA NEMA, County Government KWS

Loss of employment and livelihoods

Assisting the affected through livelihood assistance and provision of new jobs to avoid interrupted income flow.

Use of local labor as much as possible and where available.

Compliance with labor & employment law

Contractors Supervision Consulant KeNHA NEMA, County Government NLC

Land and property loss Due process should be followed to establish the true owner of any land, be it family or communal land.

Proper valuation of properties to be lost at market current rates

Community land donation or asset contribution in accordance with an established protocol (e.g. Annex 3)

Appropriate compensation of acquired land in accordance with the resettlement policy framework (RPF) and RAP , ARAP

Contractors Supervision Consulant KeNHA NLC County Government

Impacts on human health/

Proper covering of trucks carrying construction materials with

Contractors



traffic safety and sanitation

polythene material from or to project site.

Use of road worthy vehicles/trucks should be used on sites with qualified and experienced drivers.

Marking of active construction areas with high-visibility tape or fence to reduce the risks and accidents involving pedestrians and vehicles.

Immediate backfilling of open trenches and excavated areas as soon as possible after a construction.

Securing of open trenches and excavated areas to prevent pedestrians or vehicles from falling in.

Availing adequate sanitary facilities for workers and open range defecation will not be countenanced.

Provision of protective equipment to the construction workers and necessary education on suitable Personal Protective Equipment.

Enforce use of PPEs for all workers to minimize accidents

Strict adherence to basic rules with regard to protection of public health such as proper hygiene and disease (HIV/AIDS) prevention.

Occupational Health and Safety

Supervision Consulant KeNHA NEMA, DOSHS County Government

Erosion and interference of cultural heritage / archaeological interest / existing ecologically sensitive areas

Carrying out re-construction surveys to identify and document cultural heritage resources and existing ecologically sensitive.

Implementation of a chance find procedure and reporting system by contractors upon encountering a cultural heritage feature or ecologically sensitive item/issue.

Delineation and gazettement of ESA & heritage sites Awareness creation Archeological assessment and documentation Comply with Heritage Act

Contractors Supervision Consulant KeNHA NEMA, NMK County Government.

Impacts on public safety Implementation of an Environmental, Health and Safety (EHS) plan being that of contractual agreement by the contractors in order to outline procedures for avoiding health and safety incidents and for emergency medical treatment.

The EHS Plan will be prepared by the Contractor and submitted to the Supervising Engineer for approval by the main implementing agency prior to start of works.

Wearing of suitable Personal Protective Equipment (PPE) by contractors in accordance with the EHS plan.

Enforcement of use of PPEs by all to minimize accidents. Sufficient training to all contractors and workers on safe

methods pertaining to their area of work to avoid injuries.

Contractors Supervision Consulant KeNHA NEMA, DOSHS County Government.



Sensitization sessions for the communities to enhance their understanding of the risks related to construction.

Labour related issues Preparation of redundancy plans and packages for the affected workers which will include re- training and re- tooling of the affected and avoidance of labor strife.

Avoid child labour

Compliance to labor laws and regulation

Information on rights

Safe and healthy working condition

Equity

Right to association

GRM for employee

Worker protection

Ministry of Labour, Contractors Supervision Consulant KeNHA NEMA, County Government

Waste pollution from construction camps

Preparation of site specific Waste Disposal Plan.

Strategic installation of waste disposal receptacles and signs within the construction camps.

Provision of training and awareness on clean environment.

Provision of adequate toilets and efficient sewer system within construction camps

3 R s (reduce, reuse, recycle)

Contractors Supervision Consulant KeNHA NEMA, DOSHS County Government

Impact on gender access to water for household use and household plots

Consideration of diverse needs for water and accessibility modes to be effected for each groups.

Recommendation of appropriate mitigation measures for the affected.

Recommendation of group specific appropriate measures to specific impacts as per the project’s specific social assessment.

Improve access to safe and clean drinking

Improve quality of Water resources /

Making water affordable

Beneficiary community Members, Ministry of Gender and Social Services, Ministry of Labour, Ministry of Water & Irrigation, Contractors Supervision Consulant , KeNHA NEMA, DOSHS, County Government.

Impact of gender access Improve access to water for domestic use in pastoralist

Segregate water for watering livestock & domestic

Improve access to benefits from livestock

NDMA, County Government, WRMA, National Government, NGOs and CBOs, Cooperatives, organizations. Service Providers and Private Sector

Impacts on vulnerable and marginalized groups

- Identification and profiling of vulnerable and marginalized groups through Vulnerable and Marginalized Groups Framework (VMGF).

- Designing of investment specific plans targeting VMGs

Beneficiary community Members, Ministry of Agriculture livestock & fisheries, County Government, Ministry of Labour, Relevant NGOs & CBOs, Private financial institutions, KeNHA.

HIV/AIDS prevalence Designing and conducting of HIV/AIDS awareness, Beneficiary community Members,



Spread and other related public health diseases –Water borne diseases and other communicable diseases etc.

sensitisation and prevention program for each project with the entire community coverage.

Ministry of Agriculture livestock & fisheries Ministry of Devolution and Planning, County Government, Ministry of Public Health and Medical Services, NEMA, Ministry of Water and Irrigation, WRA, Ministry of Public Works, Relevant CBO’s & NGO’s, Research Institutions, KeNHA.



ANNEX 11: ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN/PROJECT

REPORT TEMPLATE

The preparation of an ESMP should include the following key sections: • Summary of Impacts: -Anticipated adverse environmental impacts should be identified and

summarized as well as their relationship to social impacts and the appropriate mitigation measures.

• Description of Mitigation measures-The mitigation measures proposed for the various impacts should be described in relation to the corresponding impacts while stating the conditions under which they are required. Adequate description of the consultations should be done and justified.

• Description of monitoring program-A detailed monitoring program should be described in the ESMP, listing environmental performance indicators and their link with impacts and mitigation measures. The ESMP should also describe the parameters to be measured, methods to be used, sampling location and frequency of measurements, detection limits and a clear definition of thresholds that indicate the need for corrective measures. Monitoring and supervision schedules should be clearly stated and agreed with the Bank to ensure timely detection of needs for remedial action and also provide information on the level of compliance with ESMP in accordance with Bank safeguards.

• Legal requirements and bidding/contract documents-The ESMP should be incorporated in all legal documents to enforce compliance by all contractors participating in the project. The ESMP should be summarized and incorporated in the bidding and contract documents. In the event where the subproject ESMPs are not ready by the time of bidding, the generic ESMP for such a project will be used for bidding.

• Institutional arrangements-The ESMP should clearly state who is responsible for monitoring, execution of remedial action and the reporting order and format to allow for a defined channel of information flow. It should also recommend institutional strengthening for relevant agencies and the funding authorities for the various activities.

• Capacity Development and Training-To support timely and effective implementation of environmental project components and mitigation measures, the ESMP draws on the EA's assessment of the existence, role, and capability of environmental units on site or at the ministry level. If necessary, the ESMP recommends the establishment or expansion of such units, and the training of staff, to allow implementation of EA recommendations. Specifically, the ESMP provides a specific description of institutional arrangements i.e. who is responsible for carrying out the mitigation and monitoring measures (e.g., for operation, supervision, enforcement, monitoring of implementation, remedial action, financing, reporting, and staff training). To strengthen environmental management capability in the agencies responsible for implementation, most ESMPs cover one or more of the following additional topics: (a) technical assistance programs, (b) procurement of equipment and supplies, and (c) organizational changes.

• Implementation Schedule-The frequency, timing and duration of mitigation measures and monitoring should be stated in the implementation schedule. Links between mitigation measures and development of relevant institutions and legal requirements of the project should be stated.

• Reporting-The order of information flow as it concerns monitoring reports should be clearly defined. The relevant officers to receive these reports should be those who have authorities to facilitate implementation of the results of the monitoring. These reports should also be communicated to the Bank via media to be agreed and specified in the ESMP. Adequate arrangements should be made by the Bank to facilitate the circulation of the ESMP through the selected means.

• Cost estimate-The cost of carrying out monitoring and implementation of the mitigation measures at the various stages of the project should be integrated into the total cost of the project and factored into financial negotiations. These costs should include administrative, design and consultancy, operational and maintenance costs – resulting with meeting required standards and project design



ANNEX 12. CESMP ASPECTS

Aspects Description

SEA and Gender

based Violence

The contractor must address the risk of gender-based violence, through:

mandatory and repeated training and awareness raising for the workforce about

refraining from unacceptable conduct toward local community members, specifically

women;

informing workers about national laws that make sexual harassment and gender-based

violence a punishable offence which is prosecuted;

introducing a Worker Code of Conduct as part of the employment contract, and including

sanctions for non-compliance (e.g., termination)

adopting a policy to cooperate with law enforcement agencies in investigating complaints

about gender-based violence.

Tool box meetings

Identification of an NGO to handle the risks associated with SEA and GBV

Child Labor Contractors must not employ workers below the age of 18

Labor influx Where contractors and labor come from outside the local area, contractors will need to

maintain labor relation relations with local communities through labor codes of conduct

Movement of Trucks

and Construction

Machinery

The Contractor moving solid or liquid construction materials and waste shall take strict

measures to minimize littering of roads by ensuring that vehicles are licensed and loaded

in such a manner as to prevent falling off or spilling of construction materials and by

sheeting the sides and tops of all vehicles carrying mud, sand, other materials and

debris. Construction materials should be brought from registered sources in the area

and debris should be transferred to assigned places in the landfill with documented

confirmation.

Traffic Safety

Measures

The Contractor shall provide, erect and maintain such traffic signs, road markings,

barriers and traffic control signals and such other measures as may be necessary for

ensuring traffic safety around the construction site.

The Contractor shall not commence any work that affects the public motor roads and

highways until all traffic safety measures necessitated by the work are fully operational.

Access across the

Construction Site and

to Frontages

In carrying out the construction works, the Contractor shall take all reasonable

precautions to prevent or reduce any disturbance or inconvenience to the owners,

tenants or occupiers of the adjacent properties, and to the public generally. The

Contractor shall maintain any existing RoW across the whole or part of the construction

site and public and private access to adjoining frontages in a safe condition and to a

standard not less than that pertaining at the commencement of the contract. If required,

the Contractor shall provide acceptable alternative means of passage or access to the

satisfaction of the persons affected

Noise and Dust

Control

The Contractor shall take all practicable measures to minimize nuisance from noise,

vibration and dust caused by heavy vehicles and construction machinery.

This includes:

respecting normal working hours in or close to residential areas

maintaining equipment in a good working order to minimize extraneous noise from

mechanical vibration, creaking and squeaking, as well as emissions or fumes from the

machinery

shutting down equipment when it is not directly in use

using operational noise mufflers

Provide a water tanker, and spray water when required to minimize the impact of dust

limiting the speed of vehicles used for construction

Waste Disposal The Contractor must agree with the municipality about arrangements for construction

waste disposal. The municipality shall designate a dumping site or landfill for the

disposal of solid waste.

The contractor will take measures to avoid soil and groundwater contamination by liquid

waste.

Protection of the

Existing Installations

The Contractor shall properly safeguard all buildings, structures, works, services or

installations from harm, disturbance or deterioration during the construction period. The



Contractor shall take all necessary measures required for the support and protection of

all buildings, structures, pipes, cables, sewers and other apparatus during the project

period, and to repair any damage occurs in coordination with concerned authorities

Protection of Trees

and Other Vegetation

The Contractor shall avoid loss of trees and damage to other vegetation wherever

possible. Adverse effects on green cover within or in the vicinity of the construction site

shall be minimized. The contractor will restore vegetative cover, where feasible.

Physical Cultural

Resources

The contractor will train construction crews and supervisors to spot potential

archaeological finds. In the event of a potential find, the contractor will inform KeNHA

who will in turn liaise with the archaeological department at the Ministry of Culture, or a

local university for quick assessment and action.

Clearance of

Construction Site on

Completion

The Contractor shall clear up all working areas both within and outside the construction

site and accesses as work proceeds and when no longer required for the carrying out of

the Construction works. All surplus soil and materials, sheds, offices and temporary

fencing shall be removed, post holes filled and the surface of the ground restored as

near as practicable to its original condition.

Worker Health and

Safety

To avoid work related accidents and injuries, the contractor will:

Provide occupational health and safety training to all employees involved in works

Provide protective masks, helmet, overall and safety shoes, safety goggles, as

appropriate

Provide workers in high noise areas with earplugs or earmuffs

Ensure availability of first aid box

Provide employees with access to toilets and potable drinking water

Train workers regarding the handling of hazardous materials

Store hazardous materials as per the statutory provisions of occupational health and

safety act of 2007

Site Construction

Safety and Insurance

Further to enforcing the compliance of environmental management, contractors are

responsible on providing insurance for construction labors, staff attending to the

construction site, citizens for each subproject, the insurance requirements and clauses

are stated in the bidding documents complying to the labor law.



ANNEX 13. GUIDELINE FOR PREPARATION OF LMP

The guideline provided below extracted from the ESS 2 guidance is provided only for guidance of

prepareation of a labour management procedure and plan

1. OVERVIEW OF LABOR USE ON THE PROJECT This section describes the following, based on available information: Number of Project Workers: The total number of workers to be employed on the project, and the different types of workers: direct workers, contracted workers and community workers. Where numbers are not yet firm, an estimate should be provided. Characteristics of Project Workers: To the extent possible, a broad description and an indication of the likely characteristics of the project workers e.g. local workers, national or international migrants, female workers, workers between the minimum age and 18. Timing of Labor Requirements: The timing and sequencing of labor requirements in terms of numbers, locations, types of jobs and skills required. Contracted Workers: The anticipated or known contracting structure for the project, with numbers and types of contractors/subcontractors and the likely number of project workers to be employed or engaged by each contractor/subcontractor. If it is likely that project workers will be engaged through brokers, intermediaries or agents, this should be noted together with an estimate how many workers are expected to be recruited in this way. Migrant Workers: If it is likely that migrant workers (either domestic or international) are expected to work on the project, this should be noted and details provided. 2. ASSESSMENT OF KEY POTENTIAL LABOR RISKS This section describes the following, based on available information: Project activities: The type and location of the project, and the different activities the project workers will carry out. Key Labor Risks: The key labor risks which may be associated with the project (see, for example, those identified in ESS2 and the GN). These could include, for example: • The conduct of hazardous work, such as working at heights or in confined spaces, use of heavy machinery, or use of hazardous materials • Likely incidents of child labor or forced labor, with reference to the sector or locality • Likely presence of migrants or seasonal workers • Risks of labor influx or gender based violence • Possible accidents or emergencies, with reference to the sector or locality • General understanding and implementation of occupational health and safety requirements



3. BRIEF OVERVIEW OF LABOR LEGISLATION: TERMS AND CONDITIONS This section sets out the key aspects of national labor legislation with regards to term and conditions of work, and how national legislation applies to different categories of workers identified in Section 1. The overview focuses on legislation which relates to the items set out in ESS2, paragraph 11 (i.e. wages, deductions and benefits). 4. BRIEF OVERVIEW OF LABOR LEGISLATION: OCCUPATIONAL HEALTH AND SAFETY This section sets out the key aspects of the national labor legislation with regards to occupational health and safety, and how national legislation applies to the different categories of workers identified in Section 1. The overview focuses on legislation which relates to the items set out in ESS2, paragraphs 24 to 30. 5. RESPONSIBLE STAFF This section identifies the functions and/or individuals within the project responsible for (as relevant): o engagement and management of project workers o engagement and management of contractors/subcontractors o occupational health and safety (OHS) o training of workers o addressing worker grievances In some cases, this section will identify functions and/or individuals from contractors or subcontractors, particularly in projects where project workers are employed by third parties. 6. POLICIES AND PROCEDURES This section sets out information on OHS, reporting and monitoring and other general project policies. Where relevant, it identifies applicable national legislation. Where significant safety risks have been identified as part of Section 2, this section outlines how these will be addressed. Where the risk of forced labor has been identified, this section outlines how these will be addressed (see ESS2, paragraph 20 and related GNs). Where risks of child labor have been identified, these are addressed in Section 7. Where the Borrower has stand-alone policies or procedures, these can be referenced or annexed to the LMP, together with any other supporting documentation. 7. AGE OF EMPLOYMENT This section sets out details regarding: • The minimum age for employment on the project • The process that will be followed to verify the age of project workers • The procedure that will be followed if underage workers are found working on the project • The procedure for conducting risk assessments for workers aged between the minimum age and 18 See ESS2, paragraphs 17 to 19 and related GNs. 8. TERMS AND CONDITIONS This section sets out details regarding: • Specific wages, hours and other provisions that apply to the project • Maximum number of hours that can be worked on the project • Any collective agreements that apply to the project. When relevant, provide a list of agreements and describe key features and provisions • Other specific terms and conditions 9. GRIEVANCE MECHANISM This section sets out details of the grievance mechanism that will be provided for direct and contracted workers, and describes the way in which these workers will be made aware of the mechanism. Where community workers are engaged in the project, details of the grievance mechanism for these workers is set out in Section 11. 10. CONTRACTOR MANAGEMENT This section sets out details regarding: • The selection process for contractors, as discussed in ESS2, paragraph 31 and GN 31.1.



• The contractual provisions that will put in place relating to contractors for the management of labor issues, including occupational health and safety, as discussed in ESS2, paragraph 32 and GN 32.1 • The procedure for managing and monitoring the performance of contractors, as discussed in ESS2, paragraph 32 and GN 32.1 11. COMMUNITY WORKERS Where community workers will be involved in the project, this section sets out details of the terms and conditions of work, and identifies measures to check that community labor is provided on a voluntary basis. It also provides details of the type of agreements that are required and how they will be documented. See GN 34.4. This section sets out details of the grievance mechanism for community workers and the roles and responsibilities for monitoring such workers. See ESS2, paragraphs 36 and 37. 12. PRIMARY SUPPLY WORKERS Where a significant risk of child or forced labor or serious safety issues in relation to primary suppliers has been identified, this section sets out the procedure for monitoring and reporting on primary supply workers.

1

1 http://documents.worldbank.org/curated/en/149761530216793411/ESF-Guidance-Note-2-Labor-and-Working-Conditions-English.pdf



ANNEX 14 SAMPLE GUIDELINE ON CODE OF CONDUCT

Codes of Conduct

This sections provides a sample Codes of Conduct that commit the Contractors Company, the

Managers and the Individual Employees working on Project :

a. Company Gender Based Violence and Child Abuse/Exploitation Code of Conduct

The purpose of this Code of Conduct is to help prevent incidences of Sexual Exploitation and Abuse

(SEA) and other forms of Gender Based Violence (GBV) and Violence against Children (VAC)

resulting from the anticipated influx of workers and protect staff into the area along the NETIP road

corridor i.e. the Isiolo -Modogashe-Wajir-Elwak-Mandera road.

The Contractor, by its core values as outlined in its policy ….., is committed to creating an

environment which prevents gender based violence (GBV), Sexual Exploitation and Abuse (SEA) and

Violence issues. GBV, SEA and VAC are unacceptable and this shall be clearly communicated to all

those engaged on the project.

Mutual respect and fair treatment by all parties, that include an understanding on the impact of their

presence has on the communities living along the road corridor, are deemed of utmost importance to

create a respectful, pleasant and productive work environment. From experience, the most common

risk associated with road projects is the sexual exploitation and abuse of adolescent girls between

the age of 12 and 18 years, with sexual harassment of female workers and service providers in

second place, while other forms of GBV and VAC, such as physical violence, child labor etc. are less

common.

In that perspective, the Contractor commits to create and maintain an environment which

discourages SEA, other forms of GBV and VAC, and where the unacceptability of any involvement in

such actions are clearly communicated to all those engaged on the project including subcontractors,

suppliers and other service providers . In order to prevent GBV and VAC, the following core principles

and minimum standards of behavior will apply to all employees without exception:

1. SEA and other forms of GBV and/or VAC constitutes acts of gross misconduct and are

therefore grounds for sanctions, penalties and/or termination of employment. Contracts of people

caught, reported or suspected to be engaged in such acts shall be suspended and if proven guilty

summarily terminated.

2. All forms of GBV, SE and VAC including grooming are unacceptable be it on the work site, the

Project Area of Influences, or at workers’ camps and/or communities along the road corridor.

Investigation and prosecution of those who commit SEA and other forms of GBV or VAC will be

pursued and actively supported by the Contractor.

3. Women and children (persons under the age of 18) shall be treated with respect regardless of

race, color, language, religion, political or other opinion, national, ethnic or social origin, property,

disability, birth or other status.

4. Language or behavior towards women and/or girls that is inappropriate, harassing, abusive,

sexually provocative, demeaning or culturally inappropriate shall not be used.

5. Sexual activity with children under 18—including through digital media—is prohibited and any

incidents or suspension need to be reported immediately to the police and/or through KeNHA’s

Standard Reporting Protocol. Mistaken belief regarding the age of a child and consent from the child

is not a defense. Delayed reporting or concealing incidents are not tolerated and may trigger the

termination of the involved employees and consequences against …….., as further stipulated in the

Contract.

6. Exchange of money, employment, goods, or services for sex, including sexual favors or other

forms of humiliating, degrading or exploitative behavior is prohibited.

7. Sexual interactions between employees at any level and member of the communities

surrounding the work place that are not agreed to with full consent by all parties involved in the

sexual act are prohibited (see definition of consent above). This includes relationships involving



the withholding, promise of actual provision of benefit (monetary or non- monetary) to community

members in exchange for sex – such sexual activity is considered “non-consensual” within the scope

of this Code.

8. Where an employee develops concerns or suspicions regarding acts of SEA, other forms of

GBV and VAC by a fellow worker, whether in the same contracting firm or not, he or she must report

such concerns in accordance with Standard Reporting Procedures.

9. All employees shall attend an induction training course/workshop prior to commencing work on

site to ensure they are familiar with the Company’s Code of Business Conduct, Anti-corruption policy

including this Code of Conduct to prevent GBV and VAC.

10. All employees shall attend other trainings internally organized by the …….. including regular

updates to reinforce the understanding of the Code of Conduct.

11. All employees will be required to sign an individual Code of Conduct confirming their agreement

with the Code of Conduct and all its provisions.

I do hereby acknowledge that I have read the foregoing Code of Conduct, do agree to comply with the

standards contained therein and understand my roles and responsibilities to prevent SEA and other

forms of GBV and VAC and report any incidents or suspicions immediately.. I understand that any

action inconsistent with this Code of Conduct or failure to take action mandated by this Code of

Conduct may result in disciplinary action.

For …….Contractor

Signed by ____________________

Title: _________________________Date: _______________

b. Individual Employee’ Gender Based Violence and Child Protection Code of Conduct

The purpose of this Code of Conduct is to help prevent incidences of Sexual Exploitation and Abuse

(SEA) and other forms of Gender Based Violence (GBV) and Violence against Children (VAC)

resulting from the anticipated influx of workers and project staff into the area along the NETIP road

corridor i.e. the Isiolo-Modogashe-Wajir-Elwak-Mandera.

The Contarctor…….., by its core values as outlined in its policy ………….., is committed to creating an

environment which prevents gender based violence (GBV), Sexual Exploitation and Abuse (SEA) and

Violence issues. GBV, SEA and VAC are unacceptable, and this shall be clearly communicated to all

those engaged on the project.

Mutual respect and fair treatment by all parties, that include an understanding on the impact of their

presence has on the communities living along the road corridor, are deemed of utmost importance to

create a respectful, pleasant and productive work environment. From experience, the most common

risk associated with road projects is the sexual exploitation and abuse of adolescent girls between

the age of 12 and 18 years, with sexual harassment of female workers and service providers in

second place, while other forms of GBV and VAC, such as physical violence, child labor etc. are less

common.

I,……….. , acknowledge that sexual relationships with girls under the age of 18, sexual

harassment and other forms of GBV and VAC constitute acts of gross misconduct and are therefore

grounds for sanctions, penalties or even termination of employment. I agree that if I am caught,

reported or suspected to be engaged in such acts, my contract shall be suspended and if proven

guilty, will be summarily terminated.

By signing this Code of Conduct, I agree to:

• Consent to police background checks.

• Treat women and children (persons under the age of 18) with respect regardless of race, color,

language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth

or other status.

• Not use language or behavior towards women or children that is inappropriate, harassing,

abusive, sexually provocative, demeaning or culturally inappropriate.

• Not participate in sexual activity with children—including grooming or through digital media.

Mistaken belief regarding the age of a child and consent from the child is not a defense.

• Not exchange money, employment, goods, or services for sex, including sexual favors or other

forms of humiliating, degrading or exploitative behavior.



• Not have sexual interactions with members of the communities surrounding the work place and

Workers’ camps that are not agreed to with full consent by all parties involved in the sexual act (see

definition of consent above). This includes relationships involving the withholding, promise of actual

provision of benefit (monetary or non-monetary) to community members in exchange for sex—such

sexual activity is considered “non-consensual” within the scope of this Code.

• Attend training courses/seminars related to HIV/AIDS, SEA, GBV and VAC as requested by my

employer.

• Report any situation where I may have concerns or suspicions regarding acts of SEA and other

forms of GBV by a fellow worker, whether in my company or not, or any breaches of this code of

conduct. Delayed reporting or concealing incidents are not tolerated and may trigger the termination.

I acknowledge that I have read and understand this Code of Conduct, and have been explained the

implications with regard to sanctions ongoing employment should I not comply.

Employees Sign HR Manager Sign Project Manager Sign

-------------------------- -------------------------- --------------------------

Date: ----------------------- Date: ----------------------- Date: ---------------------

--

Name: ----------------------- Name:----------------------- Name: :-----------------------



ANNEX 15 SAMPLE TORS FOR ESIA

The consultant will prepare a separate Environmental and Social Impact Assessment (ESIA) for each subproject according to the following table of content (Adapted from World Bank OP 4.01, Annex B, Content of an Environmental Assessment Report for a Category A Project):

Task 1. Non-Technical Executive Summary:

The Non -Technical Summary should include:

Description of the proposed road subproject,

Rationale for the proposed subproject,

Geographical area that the project will influence

Any significant environmental and social impacts

Any Significant issues and opportunities

Summary of key findings of the environmental and social management plan,

KeNHA systematic approach to manage the environmental and social aspects of the subproject including monitoring procedures

Task 2: Background:

This section should discuss:

explain the purpose of the ESIA and the timeline of its preparation

summarize available literature on the subproject and its potential impacts; KeNHA will provide available literature to the Consultant, which will serve as a starting point

also make reference the Resettlement Action Plan (ARAP/RAP) or Vulnerable Marginalized Groups Plan (VMGP) that have been prepared for this subproject

Task 3: Detailed Description of the Proposed Project:

The Consultant will concisely describe:

the proposed subproject (construction, operations and decommissioning), including the technology to be used and construction timeline

project ancillary facilities and potentially linked activities that may be required (access roads, quarries, worker camps, and raw material or product storage facilities)

geographic location and areas of traverse (provided by KeNHA)

Task 4: Policy, Legal, Regulatory and Institutional Framework

This section shall review and discuss the policy, legal, and administrative frameworks within which the

ESIA and ESMP will be carried out. Most particularly, the Consultant will:

1. Review Government of Kenya requirements and procedures for the management of environmental and social issues, including labour, health and safety requirements.

2. Describe the reporting requirements of the National Environmental Management Authority (NEMA)

3. Review the requirements of the World Bank Safeguards Policies triggered under NETIP, including the World Bank Group General Environmental, Health and Safety (EHS) Guidelines and the Industry Specific EHS Guidelines for Toll Roads

4. Review the environmental, social and safety procedures of KeNHA 5. Review and Analyse the gap between the triggered World Bank Safeguards Policies and

Kenyans laws 6. State the different compliance requirements that the Project must meet 7. Identify relevant international environmental agreements, conventions and treaties to which

Kenya is a party.

Task 5: Description of the Environmental and Socioeconomic Baseline



The Consultant will collect, collate and present additional baseline information on the existing

environmental and socioeconomic characteristics of, within and around the subproject sites/area of

influence. The baseline will:

1. Present data directly relevant to decisions about subproject location, design, operation, or mitigation measures, including:

Physical environment (such as topography, landforms, geology, soils, climate, air quality, and hydrology)

Biological environment (including biodiversity, fauna, flora, animal migration, endangered species, critical natural habitats, forests, protected and sensitive areas)

Socioeconomic and cultural environment (such as demography, settlements, community structures, vulnerable and marginal groups, sources and distribution of income, employment and labour markets, land use, and cultural heritage).

Stakeholder mapping including analysis of stakeholder influence and stakeholder dynamics

Baseline assessment of the community conflict dynamics, youth and gender dynamics in the area.

2. Identify any changes anticipated before the project commences. 3. Take into account current and proposed development activities within the subproject area

but not directly connected to the subproject. 4. Collate available data from existing sources, and if necessary collect original data. Include data directly provided and confirmed by relevant data sources, such a Kenya National

Household Survey (KNHS), county integrated development plans, National Environment

and Management Authority (NEMA), Kenya Wildlife Service (KWS), National Museum of

Kenya (NMK), Kenya Forestry Service (KFS) and the County authorities.

5. Identify and estimate the extent, quality, accuracy and reliability of available data, key data gaps, and uncertainties associated with predictions, and specifies topics that do not require further attention.

Task 6: Identify Potential Environmental and Social Impacts that could result from the

Project:

The Consultant shall review, analyze and describe all significant deviations from the environmental and socioeconomic baseline that might be caused by the subproject, including environmental and social impacts, both positive and negative. During the analysis, the consultant shall consider both biophysical and socioeconomic factors, such as (list is not exhaustive):

Population change and migration Forms of social organization (ethnicity, clan/tribal structures, minority groups,

including presence of indigenous peoples) Income sources and expenditure Household sources of income Gender-based violence Gender issues Population influx Labour issues and working conditions Community health and safety Conflict and social tensions Physical and social infrastructure Changes in economic activities Relocation and resettlement (make sure that information in the ESIA are consistent

with the RAP) Removal of structure/sites Development resources



Improved access Water resources Accident rates Visual/aesthetic changes Vegetation clearance Mechanical disturbance Effects on flora and fauna, air quality, water quality and quantity. Occupational health and safety Sensitive receptors along the road corridor, ancillary facilities and potentially linked

activities

More specifically, the consultant will:

i. Predict and assess the subproject's potential positive and negative environmental and social impacts (clearly articulated in respective sub-sections for environmental and social impacts) that might change the baseline conditions, in quantitative terms to the extent possible, during the construction, operation and decommissioning phases.

ii. Differentiate between short, medium and long-term impacts, estimate the magnitude of impacts, and identify generic both generic environmental and social impacts and site-specific impacts.

iii. Identify mitigation measures and any residual negative impacts that cannot be mitigated. iv. Explore opportunities for environmental enhancement.

The identification of impacts for the subproject will be closely coordinated with the preparation of the

Abbrevaited Resettlement Action Plans (ARAP) and Vulnerable Marginalized Groups Plaan (VMGP)

to ensure coherence and comprehensiveness

Task 7: Analysis of Alternatives to the Proposed Project

The consultant will:

1. Systematically compare feasible alternatives to the proposed road alignment and

associated ancillary facilities, such as alignment, technology, design, and operation -

including the "without project" situation -in terms of their potential environmental and social

impacts; the feasibility of mitigating these impacts; their capital and recurrent costs; their

suitability under local conditions; and their institutional, training, and monitoring

requirements.

2. For each of the alternatives, quantify the environmental and social impacts to the extent possible, and attaches economic values where feasible.

3. State the basis for selecting the subproject design proposed.

Task 8: Public Consultation and Disclosures

The Consultant will carry out two rounds of public consultations (in line with the Worldbank category A project requirements) for the subproject, to collect the concerns, expectations, and opinions of affected, concerned and interested stakeholders for the subproject. A robust stakeholder mapping and analysis will be undertaken, that will guide the preparation of the Stakeholder Engagement Plan (SEP) for the ESIA. Stakeholders to be consulted must include KWS, WRA, KFS, and NEMA, respective County Governments, NGOs/CSOs, and local/impacted communities. Disclosure of the ESIA report will be in a manner, form, and language that are understandable, and will be accessible, to enable full public participation. The Consultant will carry out public participation and consultations on the positive and negative impacts of the proposed subproject The Consultant shall:

i. Take into account the concerns, expectations and opinions of consulted stakeholders in the final ESIA report.



ii. The consultant will document the public consultations, including consultation dates, venues, list and signatures of attendees, photos of consultation sessions, a summary of both the positive and negative concerns of the stakeholders, and how these concerns, expectations and opinions are incorporated into the final design of the subproject.

iii. The Consultant will be responsible for public disclosure of the ESIA once the documents have been approved.

Task 9: Development of the Environmental and Social Management Plan (ESMP)

The Consultant shall review the Environmental and Social Management Plan (ESMP) prepared for the draft ESIA, and update the ESMP to address any inconsistencies and gaps with generic construction measures and site-specific measures.

The ESMP will provide time frames and implementation mechanisms, reporting responsibilities, description and technical details of monitoring measures, assessment of the institutional needs, staffing requirements and cost outlay for implementation. The plan will show how management and mitigation methods are phased with subproject implementation. The plan will also include measures to prevent health hazards and to ensure safety in the working environment for the employees and the communities adjacent to the subproject sites and subproject affected people.

The ESMP will propose:

Individual mitigation and monitoring measures during both construction, operation, and decommissioning, assign institutional responsibilities, and estimate the resources required for its implementation.

Measures for preventing, minimizing, mitigating or compensating for the adverse environmental and social impacts and enhancing beneficial impacts, including costs of the measures and monitoring requirements.

ESMP will be prepared according to the format (adapted from World Bank OP 4.01, Annex C, Environmental management plan (EMP) as necessary.

a. Mitigation Plan The Consultant will identify feasible and cost-effective measures to avoid the potentially significant adverse environmental and social impacts identified in the subproject ESIA, or otherwise reduce them to acceptable levels. The Consultant will propose compensatory measures for residual impacts if mitigation measures are not technically feasible, cost-effective, or sufficient, and will explore opportunities for environmental enhancement. The plan distinguishes between the construction and operations phases.

The mitigation plan will:

i. Identify and summarize all anticipated significant adverse environmental and social impacts (including those involving indigenous people or involuntary resettlement) and define both generic and site specific environmental and social mitigation measures during construction and operation.

ii. Provide technical details for each mitigation measure, including the type of impact to which it relates and the conditions under which it is required (e.g., continuously or in the event of contingencies), together with designs, equipment descriptions, and operating procedures, as appropriate.

iii. Include emergency/disaster preparedness plans. iv. Describe with details other plans that will be required during the construction and operation

phases (e.g. Contractor ESMP, Occupational Health and Safety plans Waste management plan and labour influx plan).

v. Estimate any potential environmental and social impacts of these measures. vi. Provide linkage with any other mitigation plans (e.g., for involuntary resettlement, indigenous

peoples, or cultural property) required for the subproject. vii. Include additional data collection to fill identified data gaps.

b. Contractor clauses The section will cover worksite health and safety, the environmental and social management of construction sites; labour camps/out of area workers, HIV/AIDS and other Sexually Transmitted Diseases (STDs), stakeholder engagement plans, grievance redress mechanism, child protection, gender equity and sexual harassment, labour rights and the employment of community members. The Consultant will:



Define standardized environmental and social clauses that KeNHA will include in supply and installation bidding documents and contracts for the construction and supervision consultants, to ensure satisfactory environmental, social, health and safety performance of contractors. The clauses will cover possibly six issues

i. Environment, Health and Safety (EHS) ii. Environmental and social monitoring by contractor iii. Environmental and social liabilities iv. Grievance mechanism for workers v. Stakeholder engagement plans vi. child protection strategy

c. Monitoring Plan i. Defines monitoring objectives and indicators, and specifies the type of monitoring, with

linkages to the impacts assessed in the ESIA report and the mitigation measures described in the ESMP.

ii. Provides: (a) a specific description, and technical details, of monitoring measures, including responsibilities (KeNHA, Supervision Engineer/Consultant, contractor, ), the parameters to be measured, methods to be used, sampling locations, frequency of measurements, detection limits (where appropriate), and a definition of thresholds that will signal the need for corrective actions; and (b) monitoring and reporting procedures to ensure early detection of conditions that necessitate particular mitigation measures, and to furnish information on the progress and results of mitigation.

iii. Includes compliance monitoring of the socioeconomic impact related to the concerns raised by individuals and communities affected by the subproject.

d. Institutional Arrangements i. Review the institutional arrangements, responsibilities, and procedures within KeNHA,

Supervision Engineer/Consultant and its contractor to carry out each of the mitigatory and monitoring measures (e.g., for operation, supervision, enforcement, monitoring of implementation, remedial action, financing, reporting, and staff training).

ii. Describes the role of NEMA in monitoring the implementation of the ESMP and in certifying compliance.

iii. Includes training of contractors and Supervision Engineer/Consultant regarding the environmental and social clauses that apply to them.

iv. Estimates the resources required by KeNHA to implement and monitor the ESMP, such as level of effort (LOE), and equipment.

v. As necessary, proposes capacity building, additional technical support or organizational changes, to ensure the timely and effective implementation of the ESMP.

e. Grievance Redress Mechanism i. Review the proposed GRM procedures for receiving, handling and resolving complaints

from affected individuals and communities (this should be discussed and consulted upon during the public consultation process).

f. Implementation Schedule and Cost Estimates i. Implementation schedule for mitigation measures that must be carried out as part of the

subproject, showing phasing and coordination with overall subproject implementation plans.

ii. The capital and recurrent cost estimates and sources of funds for implementing the ESMP.

g. Chance Find Procedures Describe briefly the ‘Chance Find’ procedures to ensure preventive and mitigation measures

are formulated and implemented in the event physical cultural resources are encountered

during subproject implementation. However, the fully ‘Chance Find’ procedures shall be

included as an annex to the ESIA report.



ANNEX 16 CONTRACTOR EHS CLAUSES

Environment, health and safety The purpose of the environment, health and safety (EHS) clauses for contractors is to define minimum standards of construction practice acceptable to KeNHA. ESHS clauses will be included in the bidding documents and contracts to be executed to obligate the contractor to comply with the ESMF, RPF, VMGP, ESIAs/ESMPs, CESMPs and the WBG Environmental, Health, and Safety (EHS) Guidelines.

EHS Supervisor

In addition of Contractor’s general arrangement to carry out the project works, the Contractor must hire at least one environment, health and safety supervisor on a full-time basis for each subproject before the commencement of work. The Contractor/Subcontractor shall abide by the rules of regulation of the Occupational Health and Safety as stipulated in the OSHA 2007 and the WBG Environmental, Health, and Safety (EHS) Guidelines. The contractor shall also abide by the clauses of health and safety in General Conditions and Particular Conditions of Contract of the bid document.

Role of environment, health and safety supervisor

Primary role is to operationalize the EHS plans, train workers on OHS, monitor and report the OHS performance including non-compliance with safe work procedures and, where necessary, stop work if a risk situation escalates or cannot be minimized as well as look the potential environmental issues (air pollution, noise level, water quality, waste management etc.). The tasks of environment and safety supervisor include the following:

Prepare and opertaionlize the CESMP and related plans

Ensure first aid facilities and personal protective equipment (PPE) for workers at the sites

Provid eOHS induction and orientation to workers before start of the subproject activities.

Warn the workers of any imminent or deteriorating risk situation that could result in an accident, and instruct when it is safe to proceed

Ensure restrain from undertaking any other tasks that may distract the workers focus on the work, mainly, work on or near live overhead conductors, work on transmission and communication towers.

Stop the work, if necessary safety would not be ensured

Maintain records of incidents and accidents on the project site

Ensure special safety during elevated work platform work or crane operations on or near live conductors.

Ensure proper collection and disposal of solid wastes within the construction site.

Ensure proper infrastructure facilities, water supply and sanitation facilities for all workers.

Conduct and document daily tool box meetings

Create awareness of the code of conduct.

The contractor will prepare a monitoring report on environment, health and safety for each subproject at every month during the sub project construction.

Role Of The Contractor’s Community Liaisons Officer

• Be the interface between the Project and the affected community including Project Affected

Households (if any),

• In consultation with the Project team members, liaise with and inform the community, Ward, and

County authorities on matters relating to the Project,

• Provide support to the planning and implementation of Project activities in the community,

• Mobilise the Community for stakeholder engagement meetings, record proceedings, and report

on decisions and outcomes,



• Manage community engagement meetings by providing support to the agenda, ensure

meaningful participation and interaction in an appropriate language and cultural manner,

• Provide feedback on general community dynamics to the Project Team for timely actions,

• Receive and document concerns and grievances,

• Manage complaints and grievances by investigating matters and facilitating resolutions, and

• Prepare weekly and monthly reports

Contractor Environmental And Social Management Plan

Prior to starting construction, the contractor must prepare and submit a Contractor Environmental and Social Management Plans (CESMPs) to the supervision engineer (representing KeNHA) for review and approval . The CESMPs will provide a detailed explanation of how the contractor will comply with the project’s safeguard documents such as the ESMP, and demonstrate that sufficient funds are budgeted for that purpose. The CESMPs will include specific mitigation measures based on the ESMP, the final design, the proposed work method statements, the nature of the project site, etc. They will also be informed by the work risk assessment and impacts identified by the ESIAs study. Primarily the C-ESMP will include but not limited to:

Child protection strategy

Labour Influx Management Plan;

Workers’ Camp & Accommodation Management Plans (if contractors retain a construction camp);

Gender-Based Violence action plan including an Accountability and Response Framework

Stakeholders Engagement Plan,

Emergency Response Plan,

Waste Management Plan,

Occupational Health and Safety Management Plan,

Water Resources Management Plan,

EHS Code of Conduct and

A working and accessible Grievance Redress Mechanisms.

Workers separate GRM that involves workers committees.

Chance find management plan etc Environmental And Social Monitoring By Contractors

KeNHA will require that contractors monitor, keep records and report on the following environmental and social issues for their subproject: The following list should be used in a manner proportional to the size, risk and impacts of each subproject.

Safety: hours worked, recordable incidents and corresponding Root Cause Analysis (lost time incidents, medical treatment cases), first aid cases, high potential near misses, and remedial and preventive activities required (for example, revised job safety analysis, new or different equipment, skills training, and so forth).

Environmental incidents and near misses: environmental incidents and high potential near misses and how they have been addressed, what is outstanding, and lessons learned.

E&S requirements: noncompliance incidents with permits and national law (legal noncompliance), project commitments, or other E&S requirements.

E&S inspections and audits: by contractor, engineer, or others, including authorities—to include date, inspector or auditor name, sites visited and records reviewed, major findings, and actions taken.

Workers: number of workers, indication of origin (expatriate, local, nonlocal nationals), gender, age with evidence that no child labor is involved, and skill level (unskilled, skilled, supervisory, professional, management).

Training on E&S issues: including dates, number of trainees, and topics.

Footprint management: details of any work outside boundaries or major off-site impacts caused by ongoing construction—to include date, location, impacts, and actions taken.

External stakeholder engagement: highlights, including formal and informal meetings, and information disclosure and dissemination—to include a breakdown of women and men



consulted and themes coming from various stakeholder groups, including vulnerable groups (e.g., disabled, elderly, children, etc.).

Details of any security risks: details of risks the contractor may be exposed to while performing its work—the threats may come from third parties external to the project.

Worker grievances: details including occurrence date, grievance, and date submitted; actions taken and dates; resolution (if any) and date; and follow-up yet to be taken—grievances listed should include those received since the preceding report and those that were unresolved at the time of that report. time taken to resolve grievances.

External stakeholder grievances: grievance and date submitted, action(s) taken and date(s), resolution (if any) and date, and follow-up yet to be taken—grievances listed should include those received since the preceding report and those that were unresolved at the time of that report. Grievance data should be gender-disaggregated.

Major changes to contractor’s environmental and social practices.

Deficiency and performance management: actions taken in response to previous notices of deficiency or observations regarding E&S performance and/or plans for actions to be taken—these should continue to be reported until KeNHA determines the issue is resolved satisfactorily.

Incidences of SEA and GBV reported and handled through the referral systems, number of perpetrators prosecuted

Environmental And Social Liabilities Of Contractors

Contractors will be legally and financially accountable for any environmental or social damage or prejudice caused by their staff, and thus are excepted to put in place controls and procedures to manage their environmental and social performance. A breakdown for the cost of noncompliance for each mitigation measure will be enclosed in bidding documents. These will include:

Mitigation measures to be included in the contract will be specified in the subproject ESMP

Deductions for environmental noncompliance will be added as a clause in the Bill of Quantities (BOQ) section

Environmental penalties shall be calculated and deducted in each submitted invoice

Any impact that is not properly mitigated will be the object of an environmental/social notice by KeNHA

For minor infringements and social complaints, an incident which causes temporary but reversible damage, the contractor will be given a notice to remedy the problem and restore the environment. No further actions will be taken if the Project engineer confirms that restoration is done satisfactorily.

For social notices, the Resident engineer will alert the contractor to remedy the social impact and the follow the issue until solved. If the contractor does not comply with the remediation request, work will be stopped and considered under no excused delay

If the contractor hasn’t remedied the environmental impact during the allotted time, the Project engineer will stop the work and give the contractor a notification indicating a financial penalty according to the non-complied mitigation measure that was specified in the bidding document.

No further actions will be required if the Project engineer sees that restoration is done satisfactorily. Otherwise, if Contractor hasn’t remedied the situation within one day any additional days of stopping work will be considered no excused delay.

All workers signed code of conducts.

All worker’s grievances resolved.

Through stakeholder’s engagement plans ensure that the process of hiring local labour is agreed with all the stakeholders and clearly understood.

Human rights are observed for all the workers.

Grievance Mechanism For Contractor Workers



Contractors will put in place a Grievance Mechanism for their workers that is proportionate to their workforce, according to the following principles1:

Provision of information. All workers should be informed about the grievance mechanism at the time they are hired, and details about how it operates should be easily available, for example, included in worker documentation or on notice boards.

Transparency of the process. Workers must know to whom they can turn in the event of a grievance and the support and sources of advice that are available to them. All line and senior managers must be familiar with their organization's grievance procedure.

Keeping it up to date. The process should be regularly reviewed and kept up to date, for example, by referencing any new statutory guidelines, changes in contracts or representation.

Confidentiality. The process should ensure that a complaint is dealt with confidentially. While procedures may specify that complaints should first be made to the workers’ line manager, there should also be the option of raising a grievance first with an alternative manager, for example, a human resource (personnel) manager.

Non-retribution. Procedures should guarantee that any worker raising a complaint will not be subject to any reprisal.

Reasonable timescales. Procedures should allow for time to investigate grievances fully, but should aim for swift resolutions. The longer a grievance is allowed to continue, the harder it can be for both sides to get back to normal afterwards. Time limits should be set for each stage of the process, for example, a maximum time between a grievance being raised and the setting up of a meeting to investigate it.

Right of appeal. A worker should have the right to appeal to KeNHA or national courts if he or she is not happy with the initial finding.

Right to be accompanied. In any meetings or hearings, the worker should have the right to be accompanied by a colleague, friend or union representative.

Keeping records. Written records should be kept at all stages. The initial complaint should be in writing if possible, along with the response, notes of any meetings and the findings and the reasons for the findings.

Relationship with collective agreements. Grievance procedures should be consistent with any collective agreements.

Relationship with regulation. Grievance processes should be compliant with the national employment code.

Workers committees are formed to help resolve the grievances.

Workers are encouraged to join unions.

1 Based on Annex D of the Guidance Note for IFC’s Performance Standard 2.



ANNEX 17. EMCA SECOND SCHEDULE PROJECT RISK CATEGORIATION TABLE

High Risk Classification Medium Risk Classification Low Risk Classification

General —(a) an activity out of character with its surrounding; and(b) any structure of a scale not in keeping with its surrounding.

Changes in land use including—(a) major changes in land use; and(b) large scale resettlement schemes.

Urban Development including—(a) designation of new townships;(b) establishment or expansion of industrial estates;(c) establishment or expansion of recreational areas in National Parks, National reserves, forests, nature reserves and any areas designated as environmentally sensitive;(d) establishment of shopping centers, commercial centers and complexes;(e) establishment of hospitals;(f) hotels with a bed capacity exceeding one hundred and fifty;(g) establishment of new housing estate developments exceedingone hundred housing units;(h) establishment of schools and other learning institutionsexceeding one hundred learners; and(i) other related urban developments.

Transportation and related infrastructure projects, including—(a) all new major roads including trunk roads;(b) railway lines;(c) airports and airfields;(d) oil and gas pipelines;(e) harbors and ports;(f) construction of tunnels and channels(g) metro transport facilities; and (h) underground transport works

Water resources and related infrastructure including—(a) storage dams and barrages;(b) river diversions and water transfer between catchments;(c) flood control schemes;(d) sea walls; and(e) water abstraction works.

Mining and other related activities including—(a) precious metals;(b) salt firms;(c) gemstones;(d) ferrous and non-ferrous ores;(e) coal;(f) phosphates;(g) limestone and dolomite;(h) quarrying of stone and slate;(i) harvesting of aggregate, sand, gravel, soil and clay; and exploration for the production of petroleum and minerals inany form.

Forestry related activities including—(a) clearance of forest areas;(b) reforestation and afforestation with alien species;(c)

Urban Development including— (a) establishment of multi-dwelling housing developments of not exceeding one hundred units (b) tourism and related infrastructure;(c) hotels with bed capacity not exceeding one hundred and fifty; and (d) shopping centers, commercial centers and complexes, business premises, shops and stores not exceeding ten thousand square meters.

Transportation including— (a) construction and rehabilitation of roads including collectors and access roads; (b) construction of a light rail transit;(c) construction of jetties, marinas, piers and pontoons;(d) rehabilitation works of airports and airstrips;(e) helipads;(f) parking facilities; and(g) construction of bridges.

Water resources and infrastructure, including—(a) drilling for purposes of utilizing ground water resources and related infrastructure;(b) water abstraction works; and(c) water supply and distribution infrastructures

Artisanal mining including quarrying of—(a) precious metals and gemstones;(b) limestone and dolomite;(c) harvesting of aggregate, sand, gravel, soil, clay, stone and slate;(d) gypsum;(e) pozollana;(f) carbon dioxide; and (g) ferrous and non-ferrous ores.

Forestry related activities, including—(a) timber harvesting in plantation forests;(b) reforestation and afforestation; and(c) wood preservation or treatment facilities

• establishment of places of worship including churches, mosques and temples;community based and social projects including sport facilities, stadia, social halls;

• community water projects including boreholes, water pans,sand dams and sub-surface dams;

• dispensaries, health centers and clinics;

• livestock holding grounds and cattle dips;

• expansion or rehabilitation of markets;car and bus parks;

• local roads and facility access roads;

• business premises including shops, stores, urban marketsheds;

• cottage industry, jua kali sector and garages;

• small scale rehabilitation, maintenance and modernization of projects;

• schools and related infrastructure for learners not exceeding one



introduction of alien species;(d) excisions of gazette forests;(e) conversion of forests for whatever purposes; and(f) any projects located within forest reserves such as construction of dams or other control structures that flood large areas.

Agriculture including—(a) aerial spraying;(b) large-scale agriculture exceeding one hundred hectares;(c) introduction of new crops and animals;(d) large scale irrigation exceeding one hundred hectares(e) major developments in biotechnology including theintroduction and testing of genetically modified organisms; and(f) biofuel plantations

Processing and manufacturing industries, including—(a) mineral or ores refining and processing;(b) large scale brick and earth-ware manufacture;(c) cement manufacturing plants and lime processing;(d) glass works;(e) fertilizer manufacture or processing;(f) explosive plants;(g) tanneries;(h) abattoirs handling more than one hundred animals per day and meat-processing plants;(i) brewing and malting;(j) bulk grain processing and storage plants;(k) large scale fish-processing plants;(l) pulp and paper mills;(m) heavy manufacturing plants;(n) lead smelting and processing plants;(o) edible oil plants;(p) steel mills;(q) sugar factories; and(r) any other chemical works and processing plants

Power and infrastructure projects, including—(a) thermal and hydropower development exceeding tenmegawatts;(b) geothermal development;(c) wind farms;(d) nuclear reactors and nuclear plants; and(e) high voltage electrical transmission lines.

Hydrocarbon projecst, including—(a) depots and refinery facilities for hydrocarbons;(b) depots for natural gas;(c) oil and gas fields development; and (d) oil refineries and petro-chemical works.

Waste disposal works, including—(a) sewerage works and waste water treatment plants;(b) installation for disposal of industrial wastes;(c) installation of incinerators;(d) sanitary landfill sites;(e) hazardous waste treatment or disposal facilities;(f) facilities for disposal of solid or liquid hazardous waste;(g) sludge treatment facility;(h) e-waste recycling facilities;(i) waste oil recycling facilities;(j) waste tyre processing and recycling facilities; and(k) commercial asbestos disposal sites.

Activities in natural conservation areas, including—(a) establishment of protected areas, buffer zones and wilderness

Agriculture and related activities, including— (a)medium-scale agriculture not exceeding one hundred hectares;(b) medium size grain storage;(c) medium size agricultural and livestock produce storage facilities;(d) aquaculture not exceeding one hectare; and(e) medium scale irrigation projects.

Medium scale processing and manufacturing industries,including—(a) brick and earth-ware manufacture;(b) abattoirs and meat-processing plants;(c) fish-processing plants;(d) plants for the construction or repair of aircrafts or railway equipment;(e) plants for the manufacture of tanks, reservoirs and sheetmetal containers; (f) plants for manufacturing or recycling of plastics or paper;(g) plants for manufacturing pharmaceuticals;(h) plants for the manufacture of coal briquettes;(i) distilleries;(j) any other food-processing plants or agro-based processing plants; and(k) go-downs for storage and warehouses.

Power and infrastructure projects, including—(a) hydropower development not exceeding ten megawatts;(b) electrical sub-stations;(c) pumped-storage schemes;(d) cogeneration of power;(e) low voltage power transmission lines; and(f) solar power farms or plants.

Hydrocarbons projects, including—(a) service stations;(b) LPG filling plant; and(c) lubricant blending facilities

Waste disposal, including—(a) waste transfer stations or storage facilities; (b) composting sites or plants;(c) removal and onsite disposal of asbestos.

Packaged treatment plants or onsite waste water treatment plants.

Biofuels processing plants.

hundred; and

• standard warehouses not exceeding one thousand four hundred square meters



areas;(b) actions likely to affect endangered species of flora and fauna;(c) formulation or modification of water catchment managementprojects;(d) projects for the management of ecosystems especially bymanipulating fire and water;(e) commercial exploitation of natural fauna and flora;(f) introduction of alien species of fauna and flora intoecosystems;(g) wetlands reclamation or any projects likely to affectwetlands;(h) projects located in indigenous forest including those outside of of gazetted forests; and (i) any project in an environmentally sensitive area

Marine resource exploitation and reclamation, including—(a) mineral exploitation of resources in the marine areas;(b) reclamation of marine areas; and (c) mariculture.

Any other project which poses high environmental risks

Telecommunication infrastructures.

Expansion of tertiary institutions and related infrastructures

ANNEX 18. GRIEVANCE RESPONSE TEMPLATE

[Your contact information here]

[Date]

[Complainant’s name or the name of the organization submitting the complaint if the complainant wishes to

remain anonymous]

[Complainant’s address or “No physical address”]

Submitted ______ [in person or by mail/e-mail/telephone]

Dear Mr./Mrs./Ms. [family name of complainant]:

Re: Complaint regarding [describe briefly]

______________ [name of your company/organization] acknowledges that we received your complaint

dated __________ [date]. Our [company/organization] takes community concerns seriously, and we thank

you for submitting your complaint. We will make every effort to ensure that your complaint is considered

quickly and fairly.

Our company has a grievance mechanism process that we follow to consider and resolve complaints.

Attached is a description of the process, so you can learn more about it. In accordance with our grievance

mechanism procedures, we will determine whether your complaint is eligible for our grievance resolution

process and consider next steps, as relevant. We will contact you during this period should we need more

information.

You can expect to hear from us within [xx]37 business days from the date of this letter.

Please refer to the attached grievance mechanism procedures for more information on what you can expect

as we address your complaint, including timeframes, responsibilities, and your rights throughout the process.

Sincerely,

[Name of senior-level management representative]

[Title]

37 Generally, the timeframe for the first response to a complainant after receipt and acknowledgement should be between three and five

business days. However, there are circumstances where this is not feasible. Examples include complaints involving people living in

remote areas without good access to communication channels or a particularly difficult complaint that requires the input of other

company or official parties. In such instances, additional time to develop an initial response may be necessary.

[Name of your company/organization]

Enclosure: [Any relevant company policies or procedures on submitting grievances]

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