ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

COUNTY GOVERNMENT WORLD BANK KENYA CLIMATE OF MACHAKOS AGRICULTURE PROJECT

ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT REPORT FOR THE PROPOSED

REHABILITATION OF UKANGU UTUNE WATER PAN IN KANGUNDO, MACHAKOS

COUNTY

County Government of Machakos - KCSAP Project Ministry of Agriculture, Food security and Cooperative Development P.O BOX 40 – 90100 MACHAKOS

KENYA CLIMATE SMART AGRICULTURE PROJECT (KCSAP)

ESIA Project Report August 2020 Prepared by: Lead Expert Associate Expert Eng. Josphat N. Omari Erick O. Orwa Registration No: 7645, Registration No: 8226, P.O. Box 1500 – 0600, P.O. Box 10137 - 00200, Tel: +254 770 255 566, Tel: +254 721 178 524 Nairobi, Kenya Nakuru, Kenya Email: [email protected] Email: [email protected]

i ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

CERTIFICATION

For and on behalf of: The Ukanga Utune Community Committee Ward: Kangundo Central Sub County: Kangundo Location: Isinga In Liaison with the County Project Coordination Unit (CPCU) Machakos County

County Project Coordinator, Kenya Climate Smart Project Machakos County.

This Environmental Impact Assessment (EIA) report was prepared in accordance with the Environmental Management and Coordination Act (EMCA) 1999 and the Environmental Impact Assessment and Audit Regulations 2003 in order to meet the statutory requirements for implementation of projects under schedule ii.

I, the undersigned, confirm that the contents of this report are a true representation of the ESIA Study process for the proposed Proposed Ukanga Utune Water Pan in Isinga Village, Isinga Sub Location of Isinga Location in Kangundo Central Ward; Machakos County.

LEAD ESIA/ EA EXPERT JOSPHAT OMARI NEMA REG. No. 7645 P. O. BOX 1500-600 NAIROBI, KENYA

Lead Expert ______Date: __01 September, 2020______.

Name: ______Date: ______Community Chairman

i ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

ACKNOWLEDGEMENT

We, the ESIA study Team, wish to acknowledge and express our profound gratitude to the Machakos County Project Coordinating Unit of Kenya Climate Smart Agriculture Project (KCSAP) for commissioning this ESIA study.

We appreciate the co-operation and contributions of all the stakeholders who we interacted with during this ESIA study, without their support this study would not have been successful.

We would also like to affirm our appreciation to the National Project Coordinating Unit, World Bank ESIA Experts, County Review Team – Jackline Malavu (County Government of Machakos) Elvis Ongoro (Water Resources Authority for their reviews and contributions towards the study.

Finally, we wish to appreciate the contributions made by the entire Ukanga Utune community for providing us with useful information by filling out questionnaires during the field visits and their participation in Public Barazas on the project.

i ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

EXECUTIVE SUMMARY

Introduction The Kenya Climate Smart Agriculture Project has developed a Strategy to guide investments and implementation of activities in the context of the current agriculture sector governance structure. As part of the programme’s main objectives, the County Government of Machakos through the Kenya Climate Smart Agriculture Project intends to rehabilitate the existing Ukanga Utune Water Pan in Isinga Village, Kangundo Sub County in Machakos County at an estimated total cost of Kshs. 19,150,090, including contractual costs, hence the need to conduct an ESIA Study. This ESIA project report presents the assessment findings in accordance with the Environmental Management and Coordination Act (EMCA) 1999, Environmental (Impact Assessment and Audit) Regulations, 2006 as well as applicable World Bank Policies. The ESIA assessed the baseline environment condition and predicated the possible negative impacts and mitigation measures and an Environmental and Social Management Plan for the proposed project. Further, it has highlighted the relevant legislation for the project and documented evidence-based baseline data on the project.

Project Description The sub-project is located in Isinga Sub-Location, Isinga Location, Central Division, Kangundo Sub- County, Machakos County. Kangundo is a town in Machakos County in the lower eastern region of Kenya. It is usually classified as being one town with Tala, due to their close proximity. Kangundo Sub county is one of the eight sub counties in Machakos County. It has four wards; Kangundo North, Kangundo Central, Kangundo East and Kangundo West. The proposed site is located in Isinga Village approximately 2.8km North of Kangundo town and about 4km South-East of Tala town. The site is readily accessed through Kangundo-Tala road, along the UTM 37M 315667.22 m E and 9857772.64 m S at an altitude of 1531 m.a.s.l.

ESIA Methodology The study approach and methodology for this exercise was structured as per the requirements under EMCA, 1999 as well as the EIA/Audit regulations as stipulated under Gazette Notice No. 56 of 13th June 2003. It involved largely an understanding of the project background, the preliminary designs and the implementation plan as well as commissioning. In addition, baseline information was obtained through physical investigation of the site and the surrounding areas, public consultation (which included discussions with local administration, community members and representatives of VMGs), photography, as well as discussions with the Proponent. The expert reviewed the available project documents; Project Appraisal Document (PAD), Community Proposal, Detailed Design Documents, Machakos County Integrated Development Plan (CIDP) to understand the project background and its context. It involved largely an understanding of the project background, the preliminary designs, and the implementation plan as well as commissioning. Besides, baseline information was obtained through physical investigation of the site

ii ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020 and the surrounding areas, public consultation meeting held at Ukanga Utune – Isinga Village, photography, as well as discussions with the proponent. Twenty questionnaires were administered and all were filled and returned.

The review of this ESIA is undertaken during the Coronavirus disease 2019 (COVID-19) pandemic outbreak. However, the preparation of the ESIA including the relevant consultations were undertaken before the first case of COVID-19 was reported in Kenya. As such, specific mitigation measures have been introduced to prevent the spread of the pandemic during the construction period. Moreover, consultations required as part of the mitigation measures, such as during RAP implementation and training on E&S issues, also pose a risk of infection to communities. For this reason, the risk of contracting the virus during consultations will be avoided, minimized and mitigated with specific measures to ensure national requirements on social distancing and recommendations on how to minimize contact are adhered to.

Policy, Legal and Regulatory Framework The Environmental Management and Co-ordination Act 1999 (Revised 2015), is the legislation that governs ESIA studies in Kenya. The Act is also supported by the World Bank’s and IFC standards on World Bank-funded projects, especially on community displacement and resettlement. This subproject falls under the Second Schedule of EMCA 1999, (Revised 2015), which lists the type of projects that are required to undergo ESIA studies. Other key national laws that govern the Management of Environmental Resources in the Country have been discussed in this report.

Mitigation Measures Although there are a number of justifications of why the project should be undertaken, there are various negative impacts raised that affect the environmental and social wellbeing. These will be mitigated by the proposed measures to reduce their adverse impacts. This will assist the contractor and proponent to check impact verses the proposed mitigation measures during the various levels/phases of the proposed project. The following table summarizes these impacts and the mitigation measures.

Potential Impact Mitigation/ Enhancement Measures Construction Phase Loss of Flora and • Cutting of trees should be done only where necessary. Fauna • The proponent shall ensure that clearing of vegetation clearing is limited to the pipeline trench area (i.e. 0.5 meters width) within the road reserve • Transportation of construction materials to be done through the existing local roads • Avoidance of vegetation clearing along riparian land • Sensitization of construction work-force on environmental conservation and ecological protection Water Seepage • Excavations should not go beyond 15m bgl which is considered the compact zone below which no further seepage /percolation is expected. Rock and soil

iii ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

Potential Impact Mitigation/ Enhancement Measures layers above the compact zone may be weathered and permeable which will necessitate sufficient compaction to minimize seepage. • There is need to compact all the identified low resistivity areas to reduce the porosity of the subsurface to enhance water storage, especially at down-slope embankment. The major points to consider are the lineaments and the weathered zones during excavation • Construction materials for the embankment comprises of sandy loams which are permeable and have led to seepage losses as was observed on the pan. The embankments must there be compacted sufficiently to offer good structural integrity and minimize seepage. • Since it is not possible to eliminate seepage with the current embankment material, it is recommended that the pan be lined with a clay blanket up to the spillway level. • If clay soil is not available, then the pan may be lined with HDPE sheet. • Continual maintenance should be instituted for erosion control and any damage which may initiate seepage. Interference with • Landscaping the physical setting • Reinstatement • Removal of overburden • Minimize disturbance to the extent of the dam only

Noise pollution and • The Project Contractor to use the best available practices on-site to minimize vibration occupational noise levels; Machines with minimal vibrations to be used • The Project Contractor to regularly inspect all construction equipment to ensure they are maintained in good working condition; • The Project Contractor to provide ear muffs for those working with noise producing equipment; • Combine noisy operations so that they occur at the same time. • Equipment Operators to wear PPEs to prevent direct noise from the machinery • Time restrictions for high vibrating machines (avoid working during the night for such machines)/ restricting blasting • The contractor should get noise permits from NEMA before the start of construction phase Influx of workers • Ensure preference is given to local residents for skilled and unskilled jobs from other areas where necessary.

Encroachment into • Ensure that no new houses are constructed near the water pan. the Catchment • Ensure that the required amount of water abstracted is observed Environment

iv ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

Potential Impact Mitigation/ Enhancement Measures Air Quality and • Dust masks to be used to mitigate against occupational health risks of inhaling Dust Emission exhaust gases and dust i. Gaseous • Engine maintenance plans to prevent leakages and adverse emissions; Emission • Regular vehicle maintenance and repair plan. ii. Dust • Decrease the travelling distance thus reducing emissions from vehicular traffic. Emissions • Construction vehicles will only use the designated transport routes and stick to prescribed speed limits to avoid dust • Proper repair and maintenance of vehicles and equipment to minimize exhaust gases Workers Accidents • MoA-KCSAP will be required to commit the contractor to Site Occupational and Hazards during Health and Safety rules and regulations as stipulated in the OHSA, 2007; Construction • The Project Contractor will be required to provide appropriate personal protective equipment and a safe and healthy environment for construction workers; • There should be a crisis management team to administer First Aid to injured persons; • The Project Contractor should test and approve equipment before use; and • The Project Contractor should train workers on how to use various PPE and safe use of machines Generation of • Adequate measures taken on the spilled substance on land since it will affect Liquid and Solid the subsurface waters. Waste • Minimal to no spillage should be encouraged and if it is more, then scooping and adequate dumping done. • Faecal waste disposed by use of temporary latrines erected on the site. • Provision of solid waste collection facilities (waste bins) for the temporary storage of wastes prior to disposal at an appropriate and designated location. • Sensitization of construction workers on proper disposal of wastes. Increased Vehicular • Transportation of construction material to specific sites will be done through and Human Traffic the existing local roads • The contractor will rehabilitate the local roads that will be damaged during construction activities • Consultation with the local communities on planned road diversions if any • Restriction of Vehicular and Human Traffic to the road reserve where possible • Sensitization of drivers to comply with prescribed speed limits Socially • Awareness creation for both workers and community unacceptable • Establishment of a grievance address mechanism relationships • Code of conduct for employees making it clear that sexual relations with between underage children, GBV and SEA are not allowed. construction workers and community that may lead to Gender based violence (GBV) and increase in Drug Abuse and

v ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

Potential Impact Mitigation/ Enhancement Measures HIV/AIDS transmission Occupation Health • Continuous supervision of occupational, health and safety management to and Safety ensure compliance • Occupational Safety and Health Training for contractor’s staff

• Conduct orientation talks and visits

• Conduct toolbox talks (safety meetings)

Physical Cultural • Continuous inspection of archeological activities in the area Resources Operation Phase Increase in • Training on efficient home-based irrigation system that is efficient in water use Waterborne • Removal of any stagnant water Diseases • Community members should also be encouraged to use preventive measures such as sleeping under treated mosquito nets; • Use of gumboots in the irrigation field • Ensure new houses are not constructed very near to water pan • The communities should be educated and made aware of such dangers, particularly of waterborne diseases to ensure they take preventive measures such as not drinking water pan water Accidents • Ensure the homes are not constructed very near to water pan • Such waterbodies should be protected against direct access by fencing or planting trees around them which will help in avoiding contamination while at the same time minimize likely accidents; • Community awareness should be • done, especially children not to play around ponds or use them as swimming pools. Poor water quality • Continuous use of the reservoir and regular distillation of the impounded • Promoting good agricultural practices in the catchment area reservoir Ground Water • The community should be trained on safe disposal of faecal waste Pollution and Water • The water pan should be constructed in a manner to avoid direct runoff from Contamination the upper side of the pan avoid contamination • Soil compaction at the base of the pond line the ponds with high density polyethylene (HDPE). In case the proponent does not meet the cost of lining the water pan then the community members should be adequately trained on the importance of pan lining and on installation of the pan liners. • The contractor should avoid direct runoff from the upper side of the water pan by digging bunds wall around the pan. Water use conflicts • Farmers training on water use and develop by laws • Water abstraction laws followed • Enforcement of water Act, 2016

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Potential Impact Mitigation/ Enhancement Measures Sedimentation • Avoid direct runoff from the upper side of the water pan • Create awareness of proper land use practices on the upper side of the water pan • Create awareness on effects of heavy tillage on the upper side and introduce minimum tillage. • Institute soil erosion control measures such as growing soil cover crops, terracing, grass stripping • Construct silt traps Pollution of Water • Machines such as tractors for ploughing used during operation maintained in good condition • Oils and greases emanating from repair and maintenance activities will be collected in containers to avoid entry into local drainage channels • All polluted water treated before discharging to water bodies • Vehicles to fueled in approved petrol stations Soil erosion and • Farmers will be expected to implement improved land management practices Siltation of Surface and soil and water conservation measures water resources • Use excavated earth materials for backfilling • Sprinkling of backfilled trenches with water • Compaction of backfilled trenches • Re-vegetation of excavated areas • Channeling of surface water runoff away from irrigation channels and pipelines Health and Safety • Fence the water pan to avoid drowning of livestock and even human beings Hazards especially children • Train all workers on Health Safety and Environment (HSE) including Covid19 safety measures with an aim of improving awareness • The proponent will erect appropriate safety signage during repair and maintenance activities • The proponent shall provide first-aid facilities for staff • Proponent’s staff and visitors will be required to use PPEs all the time Decommissioning Phase Reduced • MoA-KCSAP to prepare project beneficiaries for a transition strategy when availability of water de-commissioning to users • Develop alternative water source strategies Soil erosion and • Ensure that a well-directed runoff channels is constructed to nearby water body Siltation of Surface • Community awareness should be done by the proponent to the downside users water resources • Use excavated earth materials for backfilling • Sprinkling of backfilled trenches with water • Compaction of backfilled trenches • Re-vegetation of excavated areas • Channeling of surface water runoff away from the pipeline route Air Quality • Evacuation vehicles will only use the designated transport routes. The drivers Degradation/ Dust will also be advised to stick to prescribed speed limits Emissions • The contractor will ensure proper repair and maintenance of vehicles and equipment to minimize exhaust gases

vii ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

Potential Impact Mitigation/ Enhancement Measures • The contractor shall ensure recommended speeds on road sections that will be used by construction vehicles are adhered to on a needs basis to reduce the creation of dusts • Construction workers will be provided with dust masks to mitigate Loss of Flora and • The proponent shall ensure minimal clearing of vegetation Fauna • Transportation of decommissioning wastes to be done through the existing local roads • Sensitization of decommissioning work-force on environmental conservation and ecological protection • Re-vegetation of cleared areas with indigenous vegetation species Increased Vehicular • Transportation of decommissioning wastes to specific sites will be done and Human Traffic through the existing local roads • The contractor will rehabilitate the local roads that will be damaged during decommissioning activities • Consultation with the local communities on planned road diversions • Restriction of Vehicular and Human Traffic to the road reserve where possible Generation of solid • Provision of solid waste collection facilities (waste bins) and liquid waste • Contracting licensed solid waste handlers • Sensitization of construction workers on proper disposal of solid wastes • Oils and greases emanating from repair and maintenance activities will be collected in containers to avoid entry into local drainage channels Health and Safety • Continuous supervision of occupational, health and safety management to ensure compliance through; • The proponent will appoint an approved reputable contractor who will be responsible in enforcing the requirements during construction with supervision from the county project office. • The Public Health Office to sensitize on disease causing vectors and avail health care services; • The Project Contractor will provide clean drinking water and pit latrines on site; sensitization of the migrant workers on risky sexual behavior and provide condoms regular temperature screening of staff and visitors for Covid19, provision of hand washing facilities and other PPEs on site. • Occupational Safety and Health Training for contractor’s staff

• Orientation talks and visits

• Toolbox talks (Safety meetings)

Spread of • Adhere to the Public health act; 242 legal notice 54 of April 2020, on COVID COVID19 19 regulations thorough provision of social distancing and wearing PPEs.

ESMP Implementation Cost The measures proposed herein in the report need to be implemented to enhance the sustainable utilization of our environment. The costs for implementation of the construction phase of the ESMP is Kshs 590,000 and should be included the contract. During the first year of operations a cost estimate

viii ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020 of Kshs 370,000 should be set aside for monitoring and trainings, and a cost estimate of Kshs 1,245,000 for decommissioning phase is projected. A cost of Kshs 450,000 should also be set aside for Capacity Building by the proponent.

This ESIA report and the ESMP will be provided to and discussed with the selected Contractor. The ESIA and the ESMP will form part of the contract with the Contractor. The Contractor will be expected to translate the ESMP into Contractor-Specific ESMP.

Conclusion and Recommendation This report was prepared in line with EMCA, 1999 and ESIA Regulations of 2003 (Revised 2015) and World Bank’s safeguard policies.

Through consultation, community awareness and discussion on the impacts at various levels of project implementation, the proposed rehabilitation of Ukanga Utune water pan project will have a number of positive impacts on the environment, health and socio-economic wellbeing of the community.

Some of the positive impacts identified by the community include employment creation, enhanced environmental conservation efforts through planting of diverse tree species and Capacity Building and Awareness Campaigns. The potential benefits include income earned through supply of locally available construction materials and economic growth.

Their key concerns were lack opportunity for employment for local labourers, spread of Covid 19, water borne diseases, accidents, dam safety and associated social ills. Mitigation measures for the concerns and other negative impacts have been addressed in the ESMP including preference employment to vulnerable groups, creating awareness of health and safety issues, observing social distancing, provision of PPEs and stringent supervision of construction works among others. Overally, the stakeholders welcomed the project and supported the project.

This water pan project will lead to improved water accessibility for livestock in the project area, the few negative impacts identified have been adequately mitigated through diverse measures proposed in the ESMP and thus we recommend that the project be considered for an ESIA clearance and subsequent implementation with the following recommendations;

a) The ESMP should be shared with the chosen contractor and should form part of the contract and funds be availed for implementation of the mitigation measures; b) A complete audit be undertaken and submitted to NEMA yearly after the project is commissioned to ensure that all the proposed mitigation measures have been complied with; c) Water use and abstraction should be well designed in line with the set standards and law; d) The project coordinator to ensure that proper and timely communication on project activities is undertaken to guarantee project ownership. e) The proponent, construction consultant and the contractor should work together to ensure full implementation of the ESMP for proper enhancement and mitigation of impacts emanating from the project.

ix ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

TABLE OF CONTENT

CERTIFICATION ...... i ACKNOWLEDGEMENT ...... i EXECUTIVE SUMMARY ...... ii LIST OF FIGURES ...... xiv LIST OF TABLES ...... xv LIST OF ACRONYMS AND ABBREVIATIONS ...... xvi CHAPTER 1: INTRODUCTION ...... - 1 - 1.1 Background ...... - 1 - 1.2 Project Objectives ...... - 3 - 1.3 Terms of Reference for the ESIA ...... - 3 - 1.4 Study Approach and Methodology ...... - 3 - 1.5 ESIA Scope ...... - 5 - 1.6 Health Impacts Related to COVID 19 ...... - 5 - CHAPTER 2: PROJECT DESCRIPTION ...... - 6 - 2.1 Project Location ...... - 6 - 2.2 Design Concept ...... - 8 - 2.3 Project Cost ...... - 8 - 2.4 Resettlement Action Plan ...... - 8 - 2.5 Project Beneficiaries...... - 8 - 2.6 Project Activities ...... - 8 - 2.6.1 Proposed Project Activities ...... - 8 - CHAPTER 3: BASELINE CONDITIONS ...... - 10 - 3.1 Physical Environment ...... - 10 - 3.1.1 Physiography and Topography ...... - 10 - 3.1.2 Drainage ...... - 10 - 3.1.3 Climate and Vegetation Cover ...... - 10 - 3.1.4 Soils ...... - 11 - 3.1.5 Physiography in the Project Area ...... - 11 - 3.2 Socio-Economic Survey ...... - 12 - 3.2.1 Demographics Data ...... - 12 - 3.2.2 Household Headship ...... - 14 - 3.2.3 Population Dynamics ...... - 14 - 3.2.4 Educational Attainment and Literacy Levels ...... - 14 - 3.2.5 Housing Structure ...... - 15 - 3.2.6 Social Amenities ...... - 15 - 3.2.7 Health/ Illness, Common Diseases and their Prevalence...... - 16 - 3.2.8 Ethnicity ...... - 17 - 3.2.8 Religious and Economic Strata ...... - 17 - 3.2.9 Land Use Patterns ...... - 17 - 3.2.10 Land Ownership ...... - 18 - 3.2.11 Economic Activities and Livelihoods ...... - 19 - 3.2.12 Sources of energy use for cooking and lighting ...... - 20 -

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3.2.13 Water supply, sanitation and waste disposal ...... - 20 - 3.2.14 Number of Orphans and Vulnerable Children (OVCs) ...... - 20 - 3.2.15 Proposed Project Awareness ...... - 20 - 3.3 SWOT Analysis ...... - 21 - CHAPTER 4: NATIONAL POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK ...... - 23 - 4.1 General Overview ...... - 23 - 4.2 National Policy Framework ...... - 23 - 4.2.1 Constitution of Kenya, 2010 ...... - 23 - 4.2.2 Kenya Vision 2030 ...... - 24 - 4.2.3 National Environment Policy, 2013 ...... - 25 - 4.2.4 National Policy on Water Resources Management and Development (1999) ..... - 25 - 4.2.5 National Environment Action Plan (NEAP) 1994 (Revised 2007) ...... - 25 - 4.2.6 The National Land Policy, 2009 ...... - 26 - 4.3 National Legal Framework ...... - 26 - 4.3.1 Environmental Management and Coordination Act, 1999 (Amended 2015) ...... - 26 - 4.3.2 Agriculture, Fisheries and Food Authority Act, 2013 ...... - 29 - 4.3.3 Water Act, 2016 ...... - 30 - 4.3.4 Public Health Act, 1986 (Revised 2012) ...... - 30 - 4.3.5 Pest Control Products Act, 2012 ...... - 31 - 4.3.6 Occupational Safety and Health Act, 2009 ...... - 31 - 4.3.7 The Forest Act 2005 ...... - 32 - 4.3.8 The Employment Act, 2007 ...... - 32 - 4.3.9 The Physical and Land Use Planning Act, 2019 ...... - 32 - 4.3.10 Building Code By-Laws, 2000 ...... - 33 - 4.3.11 Kenya Gazette Supplement No. 69...... - 33 - 4.3.12 The Community Land Act, 2016 ...... - 33 - 4.3.13 The Land Act, 2012 No. 6 of 2012 (The Land Laws (Amendment) Act, 2016 No. 28 of 2016) ...... - 34 - 4.3.14 Climate Change Act (CCA), 2016 ...... - 34 - 4.3.15 The National Land Commission Act, 2012 No. 5 of 2012 ...... - 35 - 4.3.16 Land Acquisition Act (Cap. 295) ...... - 35 - 4.3.17 Physical Planning Act, 2010. Revised Edition 2012 ...... - 36 - 4.3.18 County Government Act, 2012 ...... - 36 - 4.3.19 National Museum & Heritage Act, 2006 ...... - 36 - 4.4 National Legal Provisions on Gender, HIV/AIDS and Gender Based Violence (GBV) and Sexual Exploitation and Abuse (SEA) ...... - 36 - 4.4.1 Gender Policy ...... - 36 - 4.4.2 The Sexual Offences Act of 2006 (The Sexual Offences (Amendment) Bill, 2016) . - 37 - 4.4.3 HIV and AIDS Prevention and Control Act No. 14 of 2006 ...... - 37 - 4.5 World Bank’s Safeguard Policies ...... - 38 - 4.5.1 World Bank Safeguard Policy 4.01 – Environmental Assessment ...... - 38 - 4.5.2 Bank Safeguard Policy 4.04 – Natural Habitats ...... - 38 - 4.5.3 Bank Safeguard Policy 4.11 – Physical Cultural Resources ...... - 39 - 4.5.4 Bank Safeguard Policy 4.12 – Involuntary Resettlement ...... - 39 -

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4.5.5 Banks Operational Policy OP/BP 4.09 (Pests Control Management) ...... - 39 - 4.5.6 World Bank Safeguard Policy BP 17.50 – Public Disclosure ...... - 40 - 4.6 Activities Triggering World Bank Safeguards ...... - 40 - 4.7 International Laws and Guidelines/ Multilateral Environmental Agreements.. - 40 - 4.7.1 Ramsar Convention on Wetlands ...... - 41 - 4.7.2 Paris Agreement on Climate Change ...... - 41 - 4.7.3 Convention on Biological Diversity ...... - 41 - 4.7.4 Sustainable Development Goal 5 Targets ...... - 42 - 4.8 Other Relevant Sectorial Legislation ...... - 43 - 4.8.1 Key Institutional Organs ...... - 43 - CHAPTER 5: PUBLIC PARTICPATION AND STAKEHOLDER CONSULTATION ...... - 44 - 5.1 Overview ...... - 44 - 5.2 Objectives ...... - 44 - 5.3 Methodology ...... - 44 - 5.3.1 Summary of Positive Impacts ...... - 45 - 5.3.2 Summary of Anticipated Negative Impacts and Mitigation Measures ...... - 46 - 5.4 Consultation and Disclosure Outputs ...... - 46 - 5.5 Salient Issues ...... - 46 - 5.5.1 Opinion on Project Implementation ...... - 46 - 5.5.2 Health Implications ...... - 46 - 5.6 Overall outcome of stakeholder consultations ...... - 46 - CHAPTER 6: ANALYSIS OF PROJECT ALTERNATIVES ...... - 47 - 6.1 Introduction ...... - 47 - 6.2 Alternatives Including the Proposed Action ...... - 47 - 6.2.1 The ‘No Action’/ ‘ZERO’ Alternative ...... - 47 - 6.2.2 Alternative Site; New water pan ...... - 48 - 6.2.2 Alternative Water Source...... - 48 - CHAPTER 7: ANTICIPATED IMPACTS AND MITIGATION MEASURES ...... - 49 - 7.1 Introduction ...... - 49 - 7.2 Positive Impacts ...... - 49 - 7.2.1 Project Cycle ...... - 49 - 7.3 Negative Environmental and Social Impacts ...... - 51 - 7.3.2 Impacts Prediction: Construction Phase ...... - 51 - 7.3.3 Impacts Prediction: Project Operations ...... - 59 - 7.3.4 Impacts Prediction: Decommissioning Phase ...... - 62 - CHAPTER 8: ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) ...... - 64 - 8.1 Introduction ...... - 64 - 8.2 Environmental and Social Management Plan (ESMP) ...... - 65 - 8.3 Self-Audit Monitoring Plan ...... - 81 - 8.3.1 Capacity Building ...... - 81 - 8.3.2 Communication...... - 82 - 8.3.3 Emergency Preparedness and Response ...... - 82 - 8.3.4 Review of the ESMP ...... - 83 - 8.4 ESMP Reporting Structure ...... - 83 - CHAPTER 9: CONCLUSIONS AND RECOMMENDATIONS ...... - 84 -

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9.1 Conclusions ...... - 84 - 9.2 Recommendations ...... - 84 - REFERENCES ...... - 86 - ANNEXES ...... - 87 - Annex 1: Sampled Household Questionnaire ...... - 87 - Annex 2: Minutes of Meeting Held at Ukanga Utune – Isinga Village on the 18th February, 2020 from 11:30 am – 2:00 pm ...... - 96 - Annex 3: Attendance List During Public Participation ...... - 100 - Annex 4: Stakeholders ...... - 110 - Annex 5: Land Search ...... - 111 - Annex 6: Water Resource Authority Permit Application Receipt...... - 112 - Annex 7: Project Design Layout ...... - 113 - Annex 8: Expert’s Practising License ...... - 116 - Annex 9: World Bank Screening Checklist ...... - 118 - Annex 10: Pest Management Plan...... - 119 -

xiii ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

LIST OF ACRONYMS AND ABBREVIATIONS CIDP County Integrated Development Plan CMS Convention on Migratory Species COVID Corona Virus Disease CPCU County Project Coordination Unit CSA Climate Smart Agriculture CSR Corporate Social Responsibility EAs Environmental Assessments EMCA Environmental Management and Coordination Act, 1999 Revised, 2015 ESIA Environmental and Social Impact Assessment ESMP Environmental and Social Management Plan FGD Focused Group Discussion GDP Gross Domestic Product GHG Greenhouse Gases IFC International Finance Corporation KCSAP Kenya Climate Smart Agriculture Project Km Kilometers Km2 Square Kilometers m Meters M Million m3 Cubic Meter MEA Multilateral Environmental Agreements mm Millimeter MOALF Ministry of Agriculture, Livestock and Fisheries NEAP National Environmental Action Plan NEMA National Environment Management Authority PEPB Pest Control Products Board PPE Personal Protective Equipment RCC Reinforced Cement Concrete SESA Strategic Environmental and Social Assessment TOR Terms of Reference UNFCCC United Nations Framework Convention on Climate Change WHO World Health Organization WRA Water Resources Authority

xvi ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

CHAPTER 1: INTRODUCTION

1.1 Background

The County Government of Machakos, through the Kenya Climate Smart Agriculture Project, a World Bank-funded project, intends to increase agricultural productivity and build resilience to climate change risks in the targeted smallholder farming and pastoral communities in Kenya, and in the event of an Eligible Crisis or Emergency, to provide an immediate and effective response. The KCSAP Project has the following five components; 1. The first component being upscaling climate-smart agricultural (CSA) practices 2. The second component is the strengthening of climate-smart agricultural research and seed systems 3. The third component is the supporting agro-weather, market, climate, and advisory services 4. The fourth component is project coordination and management 5. Contingency Emergency Response

The direct beneficiaries for this project are estimated at 521,500 households of smallholder farmers, agro-pastoralists, and pastoralists. Approximately 163,350 households organized in about 4,950 Common Interest Groups (CIGs) and 18,150 households in 1,100 Vulnerable and Marginalized Groups (VMGs) will benefit from community CSA microprojects. About 240,000 and 100,000 households will benefit from the county-level and public-private partnership (PPP) investments (subprojects), respectively. More than 600 micro-small-and-medium enterprises (MSMEs) will also benefit directly from project interventions. These beneficiaries will come from 24 participating counties, selected using the agreed criteria, in which top priority is assigned to counties with higher: (i) vulnerability to climate change and extreme weather events (ASAL counties being the most adversely impacted by droughts) (ii) volatility in agricultural production and presence of fragile ecosystems (natural resources are highly degraded in ASALs); and (iii) poverty indices (poverty incidence and poverty rates— ASALs have the highest poverty rates). The 21 counties supported under the National Agricultural and Rural Inclusive Growth Project (NARIGP) and the urban counties of Nairobi and Mombasa were excluded. The Climate Smart Agriculture (CSA) is an approach that helps to guide actions needed to transform and reorient agricultural systems to effectively support the development and ensure food security in a changing climate. The CSA aims to achieve three main objectives: 1. sustainably increasing agricultural productivity and incomes 2. adapting and building resilience to climate change, and reducing and/or

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3. removing greenhouse gas emissions, where possible

These objectives form part of Kenya’s obligation as a signatory to the United Nations Framework Convention on Climate Change (UNFCCC). Climate-smart agriculture is the pathway that leads to the attainment of the national interests of food security, productivity and incomes, while at the same time reducing or sequestering greenhouse gas emissions. CSA provides the means to help stakeholders at local, national and international levels to identify agricultural strategies suitable to their conditions. The Kenya Climate Smart Agriculture Project has developed a Strategy to guide investments and implementation of activities in the context of the current agriculture sector governance structure. As part of the programme’s main objectives, the County Government of Machakos through the Kenya Climate Smart Agriculture Project intends to rehabilitate the existing Ukanga Utune Water Pan in Isinga Village, Kangundo Sub County in Machakos County.

Figure 1.0-1: Existing Ukanga Utune Water Pan in Isinga Village The screening process was undertaken to assess whether the proposed water pan subproject needed to be subjected to an ESIA study or not. Based on the literature review and Legal Notice 31 of 30th April 2019, it is categorized as a low-risk project. The water pan falls under categories as a medium risk project by NEMA and requires an EIA, whereas it is in Category B under the World Bank Environmental and Social Safeguards Policies. As defined in the Bank's Operational Procedures (OPs), the project does not lead to any displacement of persons within the area. This ESIA project report provides relevant baseline information of the project area, anticipated impacts on the environment and social aspects, appropriate mitigation measures necessary for

- 2 - ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020 incorporation into the project implementation, as well as a comprehensive environmental management and monitoring plan. Approval will, therefore, be sought because environmental performance will be assured throughout the project phases by implementing the environmental management actions and monitoring programs recommended in this report as well as undertaking subsequent environmental audits.

1.2 Project Objectives

The main objective of the subproject is to increase the storage capacity of the existing water pan. The water pan intends to supply water for livestock, domestic use, and small-scale irrigation to increase agricultural production and income of the farms. This will promote livestock and mango value chains among the Ukanga Utune beneficiaries. This will effectively contribute to the regional and national socio-economic development in line with the KCSAP objectives. 1.3 Terms of Reference for the ESIA

The ESIA was undertaken in accordance with the requirements of the Government of Kenya in conformity with the National Environment Management Authority (NEMA) guidelines following the requirements of the Environmental Management and Coordination Act (EMCA), 1999 (Revised 2015) which makes it mandatory for such projects to undergo ESIA process.

1.4 Study Approach and Methodology

The study approach and methodology for this exercise were structured such as to cover the requirements under EMCA, 1999 (Revised 2015) as well as the ESIA/Audit regulations as stipulated under the Gazette Notice No. 56 of 13th June 2003. The expert reviewed the available project documents; Project Appraisal Document (PAD), Community Proposal, Detailed Design Documents, Machakos County Integrated Development Plan (CIDP) to understand the project background and its context. It involved largely an understanding of the project background, the preliminary designs, and the implementation plan as well as commissioning. Besides, baseline information was obtained through physical investigation of the site and the surrounding areas, public consultation (which included FDGs with local administration, community, and representatives of VMGs; see Annex 2: Minutes of Meeting Held at Ukanga Utune – Isinga Village and Annex 3: Attendance List During Public Participation), photography, as well as discussions with the Proponent. Twenty questionnaires were administered and all were filled and returned. A sample of this questionnaire has been attached in Annex 1 of this report.

The key activities undertaken during the assessment included: a) Literature Review: A detailed review of available documentation;

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b) Consultations with the Proponent regarding the proposed project details, the site planning and implementation plan; c) Interviews and consultations with the local community surrounding the water pan as well as representatives of various organizations; d) Physical inspections of the proposed site; e) Evaluation of the activities around the site and the environmental setting of the wider area through physical observations as well as from existing information in literature; and f) Reporting, review and submissions.

Below is a typical outline of the basic ESIA steps that were followed during this assessment: Step 1: Environmental Screening This is the first stage when the proposed project was evaluated guided by EMCA 1999(Revised 2015). In screening, we tried to confirm whether or not a particular project falls within a category that requires an ESIA before commencement. Water Pans are listed under schedule 2 of EMCA, 1999 (Revised 2015) and in legal notice no. 31 of April 30, 2019, that categorized water pans as low risks projects among projects requiring an ESIA. In addition, the World Bank provided a checklist used for screening of the project as attached in Annex 9 of this report. Other considerations during the screening process included physical site location, environmental sensitivity of the areas surrounding the proposed site, nature of community and social activities in the project area. Step 2: Environmental Scoping Scoping, a result of a preliminary physical assessment of the site and its surroundings helps to narrow down to the most critical environmental and social issues requiring attention for detailed evaluation. The ESIA team conducted a reconnaissance survey accompanied by officials from the Kenya Climate Smart Agriculture Project KCSAP Machakos County whereby the latter provided an overview of the proposed project and took the team on a tour of the site. The scoping exercise concluded with a review of the Terms of Reference (TOR) that had been developed. Step 3: Desk Study Documentation review is a continuous exercise that involves a review of available documents on the project, including approved plans/designs, land ownership documentation, project plans and designs, environmental legislation and regulations, etc. The review provided an understanding of the terms of reference, environmental and social status, demographic trends, land-use practices, development strategies and plans as well as the policy and legal documents. Step 4: Field Assessment With the background obtained from preliminary visits, discussions and documentation, the proposed project site was comprehensively evaluated and the administration and community

- 4 - ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020 interviewed. The proposed development was evaluated with a view to establishing the physical environment status, social and economic trends. The field assessment was also designed to establish potential positive and negative impacts through interviews, discussions and physical observation Step 5: Baseline Conditions Physical inspections and observations constitute the exercise for collecting baseline information. Household Questionnaires were also administered. Step 6: Consultations Three approaches were used for the public consultation process: personal interviews with the local administration; public meetings with the local community; and a stakeholder workshop (see Annex 2). Meetings with relevant government offices and consultations with the local community were undertaken to establish the general public opinion with respect to the project. Among the major issues addressed included social, economic benefits, values of the project and compatibility with other undertakings in the area as well as any other perceived impacts of the project to the welfare of the people. 1.5 ESIA Scope

The scope of activities for this assessment entailed; i. Description of the proposed project ii. Description of the physical, biological and social environment iii. Description of pertinent Legislative and Regulatory Considerations: iv. Determination of the Potential Environmental Impacts of the Proposed Project: v. Analysis of the occupational health and safety concerns vi. Development of environmental and social management plan to mitigate negative impacts vii. Development of the ESIA monitoring plan

1.6 Health Impacts Related to COVID 19

The review of this ESIA and its preparation is undertaken during the Coronavirus disease 2019 (COVID-19) pandemic outbreak. As such, specific mitigation measures have been introduced to prevent the spread of the pandemic during the construction period. Moreover, consultations required as part of the mitigation measures, such as during Project implementation and training on E&S issues, also pose a risk of infection to communities. For this reason, the risk of contracting the virus during consultations will be avoided, minimized and mitigated with specific measures to ensure national requirements on social distancing and recommendations on how to minimize contact are adhered to.

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CHAPTER 2: PROJECT DESCRIPTION

2.1 Project Location

The project is located in Machakos County, Kangundo Sub County, Kangundo Central Ward in Isinga location. Kangundo is a town in Machakos County in the lower eastern region of Kenya. It is usually classified as being one town with Tala, due to their close proximity. Kangundo sub county is one of the eight counties in Machakos County. It has four wards; Kangundo North, Kangundo Central, Kangundo East and Kangundo West.

The project site is located along the UTM 37M 315667.22 m E and 9857772.64 m S at an altitude of 1531 m.a.s.l. Figure 2.1 shows the project location.

Figure 2.1: Google Earth caption of the proposed Ukanga Utune WaterPpan

Figures 2.2 give a detailed description of the project location with reference to the globe highlighting the key features within the project location.

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Figure 2.1: A map showing the proposed Ukanga Utune Water Pan Site Source: ArcGIS Software (ESRI)

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2.2 Design Concept

The siting, design concept and criteria for the pan, were developed in accordance with the general guidelines and standards used in the design of water harvesting and water supply projects in Kenya and are in line with international standards for best practice by the County Government of Machakos, through the Kenya Climate Smart Agricultural Project (KCSAP). See Annex 7 for details on the project design layout.

2.3 Project Cost

Capital costs for the Proposed Ukanga Utune Water Pan are based on the following unit costs; Mobilization & Excavation Works, Construction of Embankment, Draw-Off Works with a Cattle Trough and Watering Points & Reticulation Works. These were derived from the reports on the Kenya Climate Smart Agriculture Project KCSAP - Machakos County. According to the proponent, the total project cost is a sum of Kenya Shillings Nineteen Million, One Hundred and Fifty Thousand and Ninety. (KSh. 19,150,090) Only.

2.4 Resettlement Action Plan

The Proposed Ukanga Utune Water Pan is a rehabilitation of an already existing water pan. Currently, there are no residents within the project location meaning there will be no cases of relocation. At the water-pan site there is a coffee factory that has not been in operation for some time now due to lack of water. The rehabilitation of the water pan may contribute to reopening of the factory.

2.5 Project Beneficiaries

The total project beneficiaries for the Proposed Ukanga Utune Water Pan are 900 people with 410 being male and 490 females.

2.6 Project Activities

2.6.1 Proposed Project Activities

The activities associated with the proposed project have been categorized under three phases of project implementation viz planning, excavation & embankment construction, auxiliary works construction, operation, closure/decommissioning as discussed in the following subsection.

Planning Phase Activities The main activities considered during this phase are: pan sitting, and production of site layout drawing. The pan sitting involved reviewing and survey of the project area, identification of suitable pan site, and determination of the required pan configuration so as to achieve the desired results. This was done by engineers from the relevant ministries to include Agriculture, Livestock & Fisheries, and Water & Sanitation.

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Construction Phase Activities Construction phase entails the following activities: I. Equipment mobilization II. Establishment of the project management committee III. Transportation and delivery of materials to the site IV. Excavation V. Embankment construction VI. Construction of Axillary works–(fence, Water tank, water trough, draw tap and toilets)

Operation Phase Activities After the successful construction of the water pan and runoff collection in the pan, the community will be allowed to access the water through the community tap access point and livestock through the water troughs. The activities will be managed by a Project management committee which is already in place.

Decommissioning Phase Activities Decommissioning of the constructed Ukanga Utune water pan will become necessary if or when the water pan attains its end of life i.e. when it is no longer in use or when the need arises. Once this occurs, the affected pan will be deactivated according to the water pan closure procedure. Non-reusable pipes will be sold to licensed scrap metal dealers. The closure of the water pan will involve removing the piping system and backfilling of the depression left behind as necessary. The affected pan will be landscaped and replanted with suitable indigenous grass and trees.

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CHAPTER 3: BASELINE CONDITIONS

3.1 Physical Environment

3.1.1 Physiography and Topography Machakos County has unique physical and topographical features. These features include hills rising between 1800 – 2100m above sea level and the Yatta plateau, which is elevated to about 1700m above sea level and slopes to the South East. There are isolated hills in the North West. In the plains, the soils are well-drained, shallow, dark and red clay soils. In addition, the vegetation across the entire County varies according to the altitude. The plains receive less rainfall and are characterized by open grassland with scattered trees as compared to high altitude areas, which receive high rainfall and have dense vegetation. The belt of highlands formed by the Machakos hills, Kangundo, Kanzalu and Ol Doinyo Sabuk has been and is a major watershed, and in Tertiary times was an effective barrier against the eastward migration of the products of volcanic activity. Its deflecting action is illustrated by the Athi river, which flows east-south-east from its source to Athi River township, then north-east before turning to flow in a south-east direction round the northern end of Ol Doinyo Sabuk. The piling up of the volcanic rocks against the barrier is illustrated by the eroded remnant of a former band of tuff banked up against the western side of the Mua hills and by the overlapping of tuff over phonolite against Kanzalu.

3.1.2 Drainage The project location has seasonal streams e.g the Miu, Thwake and Ngwani draining the area which are sub-ordinate to Athi River. The immediate area is drained by Katine-Kathaana network which is subordinate to Thwake River. The whole system ultimately joins Athi River downstream. The area is located within the Athi Drainage Basin. (J. K. Nzomo, 2020).

3.1.3 Climate and Vegetation Cover Generally, the climate is classified as semi-arid with an average annual rainfall of 400-600mm. The rains are bimodal in nature with long rains between March and May, and short rains between October and December. Vegetation cover in the area comprises of grass patches and indigenous trees and shrubs. Most of the land is being used for subsistence and cash crop farming. In Machakos County, climate change limits the development of the agriculture sector. Moisture stress, variation in temperature, and intense rain are the most problematic hazards in the county. An interplay of climate vagaries and soil degradation due to poor agricultural practices has resulted in the characteristic low productivity in the county. According to the Climate Risk Profile of Machakos County, 2017 the county is yet to benefit from redress of the salient policy gaps for climate change. Like most of the counties in Kenya, Machakos County lacks a climate change policy and still relies on some national policies. The enforcement and link in the already existing policies and legislations is also weak. A conducive -environment for undertaking climate related interventions is yet to be created. Alignment of the

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3.1.4 Soils Soils within the surveyed area are mainly erosion products of contrasting rock types and fall into the following groups: - lateritic soils and reddish-brown sandy soils in Basement areas, black cotton soils in poorly drained areas both in Basement and volcanic fields. The study area is located on the former soil types.

3.1.5 Physiography in the Project Area The project area can be divided into two physiographic units: - • Flat volcanic plains at an altitude of about 1562m stretching westwards from OlDoinyo Sabuk and the Mua hills. • More hilly country formed by Basement System of rocks varying in height from 1250m to over 2187m.

Results from the Geological & Geophysical Investigations Report for Rehabilitation of Ukanga Utune /Isinga Water Pan, 2020 concluded that; • The resistance variation in the area is related to the geology of the subsurface, revealing the stratigraphic in homogeneities in the foundation rock. • Anomalous zones (low resistivity) were observed on the embankment and comprise of zones were seepage is highest. • The existing pan is founded on metamorphic rocks of the Basement System with the subsurface rock type being granitoid gneiss • Soil cover comprises sandy loams and stony laterites which was used for the embankments • Evaluation of structural geology within close proximity to the site indicates that there are no major faults or major structural features: the foundation is considered stable. • The seismicity of the area is in Zone VI though classified as strong may be unimportant for this type of pan. Earth dams resist settlement and movement better than more rigid structures and can be more suitable for areas where earth movements are common. • Embankments for the pan are constructed from sandy soils which are relatively permeable and have resulted in seepage losses from the pan • The geological, structural and hydrogeological conditions on site make the pan viable for rehabilitation with a few remediations These recommendations are not limited to; • The geologist recommended that it would be safe for excavations not go beyond 15m bgl which is considered the compact zone below so as to prevent further seepage /percolation. Rock and soil layers above the compact zone may be weathered and permeable which will necessitate sufficient compaction to minimize seepage.

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• There is need to compact all the identified low resistivity areas to reduce the porosity of the subsurface to enhance water storage, especially at down-slope embankment. The major points to consider are the lineaments and the weathered zones during excavation • Construction materials for the embankment comprises of sandy loams which are permeable and have led to seepage losses as was observed on the pan. The embankments must therefore be compacted sufficiently to offer good structural integrity and minimize seepage. • Since it is not possible to eliminate seepage with the current embankment material, it is recommended that the pan be lined with a clay blanket up to the spillway level. • If clay soil is not available, then the pan may be lined with HDPE sheet. • Continual maintenance should be instituted for erosion control and any damage which may initiate seepage.

3.2 Socio-Economic Survey

The socio-economics survey involved collection of baseline data on demographic details, such as households, population, employment pattern, literacy, general health, communication & welfare facilities to include educational institutions, hospitals, project awareness amongst the public, infrastructure facilities, economic resources, cultural and aesthetic attributes, etc. as per the requirements under ESIA studies. A sample size of 30 respondents were involved in the study.

3.2.1 Demographics Data The assessment was carried out in Isinga Village near the proposed pan. Majority (58%) of respondents were women whereas 42% were male (Figure 3-1). Gender

Figure 3.1: Gender of respondents in the Isinga Water Pan Meeting

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Age The ages of majority (36%) of the respondents were; between 36-45 years while 30%were between 46-60 years. Those between 18-35 years were 31% implying the population that will be affected by the project is largely economically active. Figure 3.2 below shows the respondent’s age.

Figure 3.2: Respondent’s Age Marital Status In-terms of marital status, majority of the respondents 94% were married. Marriage benefits society generally because it is associated with stable families. Stable families signify a more stable society with less crime and fewer social problems making it easier for the project implementation goals to sail through smoothly.

Widowed

Figure 3.3: Respondent's Marital Status Of these respondents reported above, 64% had children below 18 years. This implies that the population is still in their mid-forties and hence they still have strength to continue in farming in order to generate income

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3.2.2 Household Headship Even though majority of the households were male headed, 5% had women heading their families. Most of whom were ither divorced or widowed. In most socio-economic activities, female headship, especially when poverty is measured inter-generationally and female headed households in particular are worse off. One such dimension might be the vulnerability of households, i.e. their exposure to adverse events, as well as the threat of poverty they face. The role as head of household is one that women take with utmost seriousness placing high importance to ensure that they play out the role to the greatest level of perfection. Their sense of responsibility extends far beyond basic needs of their dependants, as they feel that they are in charge of all aspects related to them. The proponent should ensure that the needs of female headed households are considered during project implementation by prioritising any effort that might be deemed

3.2.3 Population Dynamics According to the County CIDP (2018-2022) report, Machakos county had a projected population of 1.4 million in 2018. The KNBS, 2019 Kenya Population and Housing Census stated that the county had a population of 1,421,932 people with 97,917 coming from Kangundo Sub County. 14,096 of the total population from Kangundo sub County came from Isinga Location with only 5,958 coming from Isinga Sub Location,

3.2.4 Educational Attainment and Literacy Levels Education is essential for development and plays a key role in the realization of our national goals. The survey showed the education levels of the majority of the respondents as 42% for primary school education, 30% for secondary school and 15% tertiary level. Thirteen percent (13%) had never attended any school (Figure 3.4).

Figure 3.4: Respondent's Education Levels Youth Polytechnics The County has 37 youth polytechnics spread across the County with a population of 3,150 students and 260 instructors. This figure is bound to increase as the County Government embarks on promotion of skilled based centres.

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Adult Education and continuing Education There are 209 adult education registered centres offering basic education with a student population of 6,672 and 161 teachers. The enrolment of females in adult education is higher as compared to males; like in 2016, the females and males were 5,726 and 946 respectively.

Adult Education and continuing Education There are 209 adult education registered centres offering basic education with a student population of 6,672 and 161 teachers. The enrolment of females in adult education is higher as compared to males; like in 2016, the females and males were 5,726 and 946 respectively.

Technical, Vocational Education and Training There are 23 registered TVTs in the County offering certificate and diploma courses in technical skills. Notable training institutions in the County include Agriculture Training Centre (ATC), Kenya Meat Training Institute (KMTI), National Industrial Training Authority (NITA) and National youth service school of Agriculture.

Special Schools The county has four special schools. These are Machakos school for the blind and Machakos school for the deaf which cater for the sight and hearing impairment respectively, Wamunyu and Katangi schools for the mentally challenged.

3.2.5 Housing Structure The types of houses in the proposed project area comprised of permanent structures with some semi-permanent houses made from mud walls and iron roofed. Figure 3.5 illustrates the types of the houses found around the proposed project area.

Figure 3.5: Types of Houses around the proposed site location

3.2.6 Social Amenities According to the Machakos County CIDP (2018-2022) report, overall, the County has 1,468 ECD centers with a population of 55,121 children, 1,039 primary schools with a population of 329,883 pupils, 407 secondary schools with a population of 115,000 students and 37 youth polytechnics with a population of 3,150 students. There are three fully fledged universities in the County which include Machakos University, Daystar University and Scott Christian University.

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3.2.7 Health/ Illness, Common Diseases and their Prevalence. Majority of respondents (90%) reported that they take less than 20 minutes to get to the nearest health centre. Kangudo Level 4 Hospital is one of the main hospital facilities that was reported to be about 800 meters from the project location. In regard to presence of VMGs, 32% of the household were reported having physically challenged members within their families and among these 34% had members suffering from crossed eyes. Other forms of disabilities reported included hearing problems at 29%, 17% were crippled, 12% were lame, 5% reported being blind while the remaining 3% were dumb (Figure 3-6).

Figure 3.6: Reported forms of disabilities

In regard to disease infection within the last four months, 32% of the respondents reported having suffered from Flu/Cough, 30% reporting cases of headaches, 15% recording malaria symptoms, 10% diarrhoea and the rest having reported cases of either stomach disorders or chronic illnesses.

Diarrhoea

Figure 3.7: Common diseases recorded within the area

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3.2.8 Ethnicity Machakos, also called Masaku is a town in Kenya, 63 km southeast of Nairobi. It is the capital of the Machakos County, Kenya. Its population is rapidly growing and was 150,041 as of 2009 and had a population of 1,421,932 as of 2019. People who live here are of the Akamba ethnicity. 3.2.8 Religious and Economic Strata The Akamba use several names for the Supreme Being (beyond whom there is no other being). The first name they use is Mulungu who is acknowledged as the Creator of all things. Mulungu has no equal. Besides this term, the Akamba use the word Ngai and Mumbi. The latter originates from kumba (literary to mold as it were with clay). So, the creator is understood in terms of the molder who fashions and shapes all creatures, some more beautiful than others. God is the giver of children, rain, food, air, water, cattle and everything that is. God is thus the sustainer, the one who preserves all things in existence. God is also described as Mwatuangi (literary the one who divides, the Divider). This name of the Divider is indicative of God's wisdom because God is able to separate two legs, two hands, the fingers and toes in the human body. God too separates the oceans and the lakes from dry land, and separates one species from another. It is important to note that the word Ngai is common between the Akamba and the Masai their Western neighbors.

3.2.9 Land Use Patterns

Land Ownership Categories/Classification Land is a very important factor of production in the economy. It is mostly used for agriculture, livestock keeping, ranching, industrialization, mining, forestry, government reserve, housing and urban development. The absence of a county spatial planning framework in Machakos has led to the proliferation of informal settlements, congestion, environmental degradation, unplanned urban centres, pressure on agricultural land and land use conflicts. Land use in Machakos County urban centres is generally mixed development. There are no clearcut zones for specific land uses in the county. This is because all the existing physical development plans except Machakos New Town Local Physical Development Plan are outdated hence not in force. There is no well-defined zoning policy in the county that guides land use development in all its urban centres sometimes leading to overlaps and mixing of incompatible land uses. There are 2 basic land use structures which are rural and urban. Rural: Agriculture (arable), Urban: residential, commercial, industrial, recreational, wildlife, rangeland. Agriculture Land Use Agriculture is the dominant land use in Machakos County with over 75% of the land in Machakos County is used for agricultural purpose. About 20% of the total land of Machakos County is cultivated. Most people live on their farms and sub-divide them for different uses.

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Residential Land Use In general, the residential land use in the County is mainly concentrated in urban centres. Low density residential land use is mainly observed as one moves away from the urban centres. The current growth of the residential land use is largely informal since most developments do not seek development permits. However, the rural setting that dominates Machakos County presents a scenario where people live on a portion of land where they do their farming. Commercial land use The commercial activities are mainly concentrated along the main roads and highways passing through the urban centres, rural centres and market centres forming a linear pattern. The commercial activities here include retail outlets, stalls and street traders, hotels/restaurants. Similarly, more pockets of commercial nodes are emerging within some of the residential areas but in an informal trend. Industrial Land Use Most of the heavy industries in Machakos County are concentrated in Mavoko Sub County. The other towns mainly have light industrial establishments. Machakos County has a potential for agricultural and fruit processing plants mainly for maize and other grains grown as well as indigenous and exotic mango fruits. Educational Land Use There are more than 896 public primary schools, 301 public secondary schools, 147 private primary schools, 73 private secondary schools, village polytechnics, colleges and universities such as Daystar University. Recreational Facilities Land Use Most of the County’s urban centres have inadequate recreational facilities. The open spaces in existence are not easily accessible and lack the necessary facilities for recreation purposes with exception of Machakos People’s Park in Machakos Town which is open to the public for range of recreational activities such as boat ridding, children games, events, zip-line, filming etc.

3.2.10 Land Ownership Machakos County has no county spatial planning framework which has led to proliferation of informal settlements, congestion, environmental degradation, unplanned urban centres, pressure on agricultural land and land use conflicts. According to the Machakos CIDP 2018-2022, land use in Machakos County urban centres is generally mixed development. There are no clear-cut zones for specific land uses in the county. This is because all the existing physical development plans except Machakos New Town Local Physical Development Plan are outdated hence not in force. There is no well-defined zoning policy in the county that guides land use development in all its urban centres sometimes leading

- 18 - ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020 to overlaps and mixing of incompatible land uses. There are 2 basic land use structures which are rural and urban. Rural: Agriculture (arable), Urban: residential, commercial, industrial, recreational, wildlife, rangeland.

The proposed Isinga water pan project is on a public land. The land was set aside for development of water pan (see land search annexes – annexes 3 and 4). Land in the area is mainly used for crop growing and livestock farming. Mixed farming is predominant throughout the county. There is a significant change in land use in the urban areas where industrial and commercial land usage is gaining momentum.

Agriculture is the dominant land use in Machakos County with over 75% of the land in Machakos County being used for agricultural purpose. About 20% of the total land of Machakos County is cultivated. Most people live on their farms and sub-divide them for different uses. All the respondents interviewed were settled on communal land and no one had acquired a private land. According to socio economic baseline findings, majority (90%) of the respondents reported having communal based land ownership rights. Most (54%) of those who had land reported having received their ownership privileges through customary rights.

3.2.11 Economic Activities and Livelihoods

Agriculture is the major source of livelihood in Machakos County, employing about 73 percent of the population and contributing approximately 70 percent of the household incomes. The commercially popular value chains in crop production include green grams, pigeon peas and mango while indigenous chicken is the most common livestock in the county with a great potential to alleviate poverty in small holder farms. Climate change limits the development of the agriculture sector. Moisture stress, variation in temperature, and intense rain are the most problematic hazards in the county. An interplay of climate vagaries and soil degradation due to poor agricultural practices has resulted in the characteristic low productivity in the county. The major problem posed by climate variation is water scarcity. The resource-poor farmers, women, and the elderly are the most affected According to our baseline survey, majority 62% of the respondent’s practice crop farming as their main source of livelihood in addition to livestock keeping (Figure 3-8). Thirty eight percent 38% of respondents indicated that they kept livestock as their main source of income. However, some crop farmers still kept livestock as secondary source of income.

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Farming

Figure 3.8: Land use activities within the project area

3.2.12 Sources of energy use for cooking and lighting The main source of energy for cooking and lighting is wood and electricity respectively. Other sources of energy across the County are solar, wind, biogas, gas, charcoal and paraffin. Masinga dam is one of the Seven Folks dams, which produce hydroelectric power for the national electricity grid. There is increasing connectivity to the national grid across the County because of the implementation of ‘last mile’ power project by the national government. Most of the County residents use unsustainable cooking methods such as firewood and charcoal as the major source of fuel. This has resulted to deforestation in most areas leading to rampant and expansive soil erosion. 3.2.13 Water supply, sanitation and waste disposal The County Government has improved sanitation through provision of super clean and free toilets in public places such as bus parks and market centres across the County. This aims to make Machakos County an open defecation free County. There are two sewer lines in Machakos and Athi River towns. However, the former is partially connected to sewer lines- this includes parts of Kariobangi and Mjini where more than 50% use pit latrines. Garbage disposal is done by the County Government, private firms and individual households. 3.2.14 Number of Orphans and Vulnerable Children (OVCs) Machakos County has over 169,000 orphans and vulnerable children. The total number of cash transfer beneficiaries in Machakos County is 33,300 (OVC) or 8,325 households as shown below. 3.2.15 Proposed Project Awareness The main purpose of conducting the ESIA was to create project awareness across the various stakeholders and enable identification of both positive and negative impacts associated with the project as well as mitigation measures to be implemented. This has been achieved and majority

- 20 - ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020 of the beneficiaries are now aware of the proposed project. All the interviewed respondents agreed that the project should proceed to the next step. 3.3 SWOT Analysis

The SWOT analysis of the Project to identify the internal factors (strengths and weaknesses) and the external factors (opportunities and threats) is as shown below;

SWOT Analysis of Water Pan

A. Strengths  Past project experience this being a rehabilitation project  Government & donor support  Ready funding  Local capacity building  Hygiene and environmental sanitation improvement.  Temporary Employment creation.  Community organization and participation.  Institutional sustainability of project activities.  Logical frame approach.  Economic benefits of project activities.  Unity of all stakeholders.  Existing land  Increased household incomes.  Ongoing project activities  Cohesive community and previous experience  Suitable soils around the project site  Proximity to nearby towns

B. Weaknesses  Short project implementation period.  Stringent donor requirements.  Inadequate operation and maintenance expertise

C. Opportunities  Donor and community support.  Increased participation by women.  Community cohesiveness in project activities.  Participatory planning & monitoring at scheme and management levels  Support of local leadership (Administrative leaders)  Collaboration and networking among institutions.

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 Improved community resilience  Access to clean water.  Community mobilization on water management and environmental conservation.  Improved sanitation  Learnt lessons

D. Threats  Increase in water borne diseases  Political interference  HIV/AIDs  Soil erosion  Financial constraints  Riparian encroachment  Corruption  Climate change  Poor quality construction  Solid waste and waste water from the nearby market

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CHAPTER 4: NATIONAL POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK

4.1 General Overview

Sustainability is achieved through a well-managed environment. This is achieved by the Kenyan Government’s (GOK) Environmental Policy. The policy gives a clear sustainable environmental development plan that seeks to achieve sound environmental management without compromising the future resources. The negative measures that may affect the environment and peoples’ health and safety is mitigated within the ESIA report. Sustainable operations should be achieved by looking at the set guidelines as outlined in the policy, legal and administrative framework.

4.2 National Policy Framework

4.2.1 Constitution of Kenya, 2010

The constitution of Kenya gives the fundamental rights of every Kenyan citizen. Article 42 of the bill or rights of the Constitution provides that ‘Every Kenyan has the right to a clean and healthy environment, which includes the right to have the environment protected for the benefit of present and future generations through legislative and other measures’ The Constitution goes further ahead and stipulates under article 69 of part II, chapter 5 (Environmental and Natural Resources) that the State shall; i. Ensure sustainable exploitation, utilization, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits; ii. Work to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya; iii. Protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities; iv. Encourage public participation in the management, protection and conservation of the environment; Protect genetic resources and biological diversity; v. Establish systems of environmental impact assessment, environmental audit and monitoring of the environment; vi. Eliminate processes and activities that are likely to endanger the environment; and moreover, every person has been mandated to cooperate with the State organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources In addition to the environmental and natural resources provision, part 1 of the same chapter emphasizes the following; 1. Land use and management shall by law benefit local communities 2. Community land is protected from encroachment by State. 3. Law shall protect Rivers, forests and water bodies. 4. Equitable access to land. 5. All lawful land rights are secured; only someone who has stolen land needs to worry.

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6. County governments will manage land in trust of the people in accordance with the constitution. In addition to these provisions, article 70 provides that if a person alleges that their right to a clean and healthy environment recognized and protected under article 42, is being or is likely to be, denied, violated, infringed or threatened, the person may apply to a court for redress. Chapter four of the constitution on the bill of rights obligates all State organs and all public officers to 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 community The importance of public participation is captured in Article 118 of the Constitution which mandates Parliament to facilitate public participation. The citizen involvement in policy-making and implementation strengthens and deepens good governance, promotes transparency and fosters accountability. Public participation is further under scored in Article 10 (2) of the Constitution which provides the national values and principles of governance. The Constitution of Kenya stipulates for sustainable and sound management of the environment in relation to development projects. Article 69, the project proponent is mandated to cooperate with State organs and other persons to protect and conserve the environment. The Kenya Climate Smart Agriculture Project (KCSAP) under the Ministry of Agriculture should therefore ensure compliance with the constitution in ensuring sustainable development. Moreover, the project should aim at ensuring sustainability of the livelihoods and biological resources within the Isinga location while taking cognizance to the powers given under the constitution to communities and individuals to enforce their rights through legal redress. The KCSAP project ensured that the public was consulted in regards to the proposed project with more emphasis put on the vulnerable groups including the youth. The youth were well presented during public barazas in project consultations and furthermore it was also noted that this would be realised during the implementation phase, with preference employment given to the youth, women and persons living with disabilities. The project has also developed an ESMP, which will ensure mitigation of identified environmental and social impacts and hence environmental and social sustainability.

4.2.2 Kenya Vision 2030

The Kenya Vision 2030 is the national blueprint for development for the period between 2008 to 2030 with three key pillars of Economic, Social and Political development. The vision was realised from the Economic Recovery Strategy for Wealth, Employment Creation and transforming the country to a middle- income economy. The National economic low point was an aftermath of the post-election violence of 2007/2008 to 1.7% in 2008 growth rate from the GDP growth rate that had risen to 7% in 2007. The Vision’s main objective is to transform the Country into a middle-income economy with a consistent annual growth of 10% through a short term of five-year strategic plan by year 2030. The Vision outlines the 2030 goals for agriculture, both livestock and crop production, as to attain a food secure country in terms of quantity and quality. This is achieved through increasing areas under irrigation in low rainfall areas and maximizing ways of production in rain fed areas. Livestock production is improved through increase in fodder, type of breed/ improved breeding and improvement of market for animal products. The proposed project of the water pan intends to provide water for livestock use and supplement water for irrigation purposes during times of prolonged drought. This will assist in increasing food production and reduce conflict in water use for livestock. This initiative is part of the process in achieving the goals of

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Vision 2030 of food security. The proponent should also endeavour to protect the environment in supporting the economic pillar of the vision.

Implementation of the sub project by the proponent will contribute towards the goals of vision 2030 on water, protection and conservation of the environment. The project will improve the supply of water for irrigation and livestock use in Kangundo Central Ward, Isinga location – through the design and construction of the water pan.

4.2.3 National Environment Policy, 2013

This Policy sets out important provisions relating to the management of ecosystems and the sustainable use of natural resources. The policy further acknowledges that natural resources are under immense pressure from human activities particularly for critical ecosystems including forest, grasslands and arid and semi-arid lands. The policy seeks to develop an integrated approach to environmental management, strengthening the legal and institutional framework for effective co-ordination by promoting environmental management tools. This ESIA study has developed and presents an environmental and social management and monitoring plan to mitigate the negative impacts that may result during the construction and operation phases of the project. This tool is aimed at promoting co-ordination of environmental management of the project such that sensitive ecosystems are not destabilized by the subsequent project activities. The project has complied with the National Environment Policy by preparation of this ESIA report

4.2.4 National Policy on Water Resources Management and Development (1999)

This policy was established with the objective of preserving, conserving and protecting available water resources and to ensure that water is allocated in a sustainable, rational and economic way. The policy further desires to provide water of good quality and in sufficient quantities that meets the various water needs while ensuring safe disposal of waste water and environmental protection. To achieve these goals, water provision through increased household connections and developing other resources and improved sanitation is required. On the other hand, the National Policy on Water Resources Management and Development (1999) (Revised 2007) enhances a systematic development of water facilities in all sectors of socio-economic progress. On the other hand, it recognizes the by-products of this process as waste water. The proposed project is geared towards providing sufficient water for livestock and irrigation to the residents of Kangundo Central Ward, Isinga location. As an on-going process, the proponent shall put in place proper waste management strategies such as sensitization of the community on waste management, putting in place stipulated solid waste collection points and provision of toilets at the site.

4.2.5 National Environment Action Plan (NEAP) 1994 (Revised 2007)

This plan indicates that the Government recognized the negative impacts on ecosystems that came about as a result of economic and social development programmes that disregard environmental sustainability. In addressing this, establishment of appropriate policies and legal guidelines as well as harmonization of the existing ones have been accomplished or are in the process of development

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The ESIA process came about as part of the NEAP process and among the important participants identified were the then County Development Committees. This implies that a multi-sectoral approach is desired in identifying and solving environmental problems. The proponent should therefore strive to engage partners and stakeholders in identifying and solving environmental issues. Relevant stakeholders were invited and consulted during the preparation of this report and close engagement is encouraged during the project implementation period (See Annex 3)

4.2.6 The National Land Policy, 2009

The land policy under Environmental Management Principles in chapter 4, provides actions for addressing the environmental problems such as the degradation of natural resources, soil erosion, and pollution. The policy also recommends for appropriate waste management systems and procedures, including waste and waste water treatment, reuse and recycling.

The policy goes further to advocate for environmental assessment and audit as a land management tool to ensure environmental impact assessments and audits are carried out on all land developments that may degrade the environment and take appropriate actions to correct the situation. Public participation has been indicated as key in the monitoring and protection of the environment. The chapter further advocates for the implementation of the polluter pays principle, which ensures that polluters meet the cost of cleaning up the pollution they cause, and encourage industries to use cleaner production technologies.

The proposed project is being implemented on land; therefore, the proponent is required to ensure environmental protection of the subject land. In line with this policy, the proponent has undertaken and prepared this ESIA, and will undertake subsequent annual environmental audits. Moreover, this study is what is advocated for in the policy on top of the public consultations conducted.

4.3 National Legal Framework

There exists national statutes and regulations on environmental management that KCSAP and County Government will have a legal duty and social responsibility in ensuring the proposed rehabilitation of the water pan is implemented in a manner that does not compromise the status of natural resources, environmental resources, socio-cultural setting as well as the economic potential of project to local community. The following subsection details the various relevant national laws governing environmental management on the proposed project. The supreme environmental resources management legislation is the Environmental management and Coordination Act, EMCA (1999) Revised 2015, which supersedes any contradicting regulation at all times.

4.3.1 Environmental Management and Coordination Act, 1999 (Amended 2015)

The Environmental Management and Coordination Act, 1999 coupled with the Environmental Management and Coordination (Revised) Act, 2015 provide legal and institutional framework for environment management in Kenya. EMCA as such supersedes all environmental regulations that may be contrary to the provisions therein owing to its comprehensive coverage of environment management and judicial enforcement.

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Part II of the Act confers to every person the right to clean and healthy environment and to its judicial enforcement. Every citizen is also charged with the duty to safeguard and enhance the environment. In achieving this provision, part VI of the Act directs that any new programme, activity or operation should undergo environmental social impact assessment and a report prepared for submission to the National Environment Management Authority (NEMA), who in turn may issue a license as appropriate.

The Act is divided into thirteen Parts covering main areas of environmental concern including the following: Preliminary (I); General principles (II); Administration (III); Environmental planning (IV); Protection and Conservation of the Environment (V), Environmental impact assessments (EIA), audits and monitoring (VI); Environmental audit and monitoring (VII); Environmental quality standards (VIII); Environmental Restoration orders, Environmental Easements (IX); Inspection, analysis and records (IX); Inspection Analysis and Records (X); International Treaties, Conventions and Agreements (XI) National Environment Tribunal (XII); Environmental Offences (XIII). The Act has further provided for the development of several subsidiary legislations and guidelines which govern environmental management and are relevant to the project implementation. The following are the relevant regulation that should govern the proposed project. These are tabulated in Table 4.1 below:

Table 4.1: EMCA Legislations Relevant to the Project

Legislation Description Relevance to Proposed Project The Environmental These Regulations contain rules relative to According to the second schedule (Impact Assessment and the content and procedures of an EIA, to of EMCA, the Audit) Regulations, environmental audit and to Monitoring and Construction of a water pan must 2003 (Amended 2015) strategic environmental assessment. These undergo EIA in order to rules regulate other matters such as the determine the adverse impacts. appeal for, and registration of, information The proponent has complied regarding EIA. with this requirement by preparing ESIA project report for the same, which is the subject of this report. The project report has been prepared in accordance with the EIA/EA regulations

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TEMCA- (Fossil Fuel These Regulations sets emission standards During construction, there will Emission Control) for internal combustion engines, provides be use of motor vehicles for Regulations (2006) for the licensing of persons responsible for transportation of the project treating fuel, provides for the appointment materials to and from site. The of environmental inspectors required to motor vehicles will utilize fossil fuel. inspect emissions, and authorizes NEMA In keeping with this regulation, to enter into partnerships in order to the proponent will ensure that all conduct emission inspections. machinery is frequently serviced and maintained to keep with the emission standards as per the regulation

EMCA These regulations ensure that activities do The project will be implemented (Conservation of not have an adverse impact on any at the existing water pan, where Biological Diversity ecosystem. there are few trees/shrubs hence and Resources, Access the regulation is relevant. to Genetic The proponent has taken Resources and measures to ensure that the Benefit Sharing) ecosystem will be protected by Regulations (2006) adopting adequate mitigation measures where there will be need to cut trees/ shrubs.

The EMCA (Noise and This regulation establishes environmental During construction, noise and Excessive Vibration standards that should be met for noise. Vibration impacts will be Pollution) Control NEMA is a key administering authority. generated by motor vehicle Regulations (2009) The following schedules in the Noise and transporting construction Excessive Vibration Pollution Control materials. Regulation set out the relevant standards and monitoring requirements: First Similarly, there is likelihood of Schedule – Maximum Permissible noise pollution from the Intrusive Noise Levels. increased traffic in the area, Second Schedule – Maximum Permissible offloading of metallic materials Noise Levels for and cutting. Construction Sites. Third Schedule – Maximum Permissible The proponent will have to Noise Levels for Mines and Quarries. adhere with this regulation by Fourth Schedule– Application for a carrying out activities during the License to Emit Noise/Vibrations in day only between the hours of Excess of Permissible Levels. 8:00 a.m. and 5:00 p.m and not Fifth Schedule–License to Emit at night. Noise/Vibrations in Excess of Permissible Levels. Sixth Schedule – Application for a Permit to Carry out Activities.

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Seventh Schedule - Permit to Emit Noise in Excess. Eighth Schedule Minimum Requirements for Strategic Noise and Excessive Vibrations Mapping. Ninth Schedule Minimum Requirements for Action Plans. Tenth Schedule - Improvement Notice.

The EMCA (Waste These Regulations provides for general Proponent will have to adhere to Management) waste management and for the these regulations by providing Regulations (2006) management of solid waste, industrial segregated solid waste collection waste, hazardous waste, biomedical waste, bins and toilets at the site radioactive waste, pesticides and toxic waste. These Regulations prohibit the pollution of public places, provide for the granting of licenses for waste transportation and waste disposal facilities, and require an EIA to be undertaken on any site disposing of or generating biomedical waste

4.3.2 Agriculture, Fisheries and Food Authority Act, 2013 Agriculture, Fisheries and Food Authority Act (No.13, 2013) is an Act of Parliament to provide for the consolidation of the laws on the regulation and promotion of agriculture generally, to provide for the establishment of Agriculture, Fisheries and Food Authority. The Act tends to protect Agriculture and Fisheries excluding livestock for the purpose of food security in the country. The Act addresses the following activities: • Administer the crops Act and the fisheries Act in accordance with provision of this Act. • Promote best practices and regulate, the production, processing and marketing of agricultural and aquatic products. • Collect, collate data and maintain a database on agricultural and aquatic products. • Determines the research priorities in agriculture and aquaculture.

The sub project will follow the policy guidelines on development, preservation and utilization of agricultural land in line with the Authority to avoid any noxious or invasive weeds on the water pan. The beneficiaries and supporting stakeholders will also be expected to follow this guideline when carrying out project activities which are agriculture related by ensuring sustainable land and water management for increased productivity as depicted in various KCSAP implementation manuals.

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4.3.3 Water Act, 2016

The Water Act of 2016 became a legal entity on 20th September 2016 and replaced the water Act 2002. The enactment of this law aimed at aligning national water resources management, management of water towers and water services provision with the requirements of the Constitution of Kenya 2010 particularly on the clauses devolving water and sanitation services to the county governments. The Act provides for national monitoring and information systems on water resources. The Act regulates abstraction and storage of water from water courses depressions or channels. Section 36 on water rights and works and Section 37 permit not required for certain activities. To formalize the project, the proponent should notify the sub county water officer on the project and its components. Part IX section 105 of the Act states that no person/institution shall cause nuisance or condition liable to be injurious or dangerous to human health. Section 106 requires Local Authorities to take all lawful, necessary and reasonably practicable measures to maintain their jurisdiction clean and sanitary to prevent occurrence of nuisance or condition liable for injurious or dangerous to human health. The key areas of the Act related to irrigation activities include: • Obtaining water permits for irrigation (application and issuance procedures and attached conditions); • Provision of sufficient drainage works for delivery of used or unused water to a water course or body from irrigated lands; • Revision or variation and cancellation of water permits; • Penalty for waste; • Penalty for polluting water used for human consumption.

The Proponent has complied and shall continue to adhere to the regulation under this ACT. • Carried out the ESIA and developed this report as required by the provisions of the law. • Engaged the services of appropriate experts in the development of the designs for the water pan among other requirements. • The proponent has applied for approval of the project by WRA see Annex 6 for application receipt.

4.3.4 Public Health Act, 1986 (Revised 2012)

The Public Health Act (Cap 242) provides for the protection of human health through prevention and guarding against introduction of harmful substances that can cause disease to human or animals, to promote public health and the prevention, limitation or suppression of infectious, communicable or preventable diseases within Kenya, to advice and direct local authorities in regard to matters affecting the public health to promote or carry out researches and investigations in connection with the prevention or treatment of human diseases. This Act provides the impetus for a healthy environment and gives regulations to waste management, pollution and human health.

The Public Health Act regulates activities detrimental to human health. The owner(s) of the premises and implements/equipment responsible for environmental nuisances such as noise and emissions, at levels that

- 30 - ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020 can affect human health, are liable to prosecution under this act. An environmental nuisance is defined in the act as one that causes danger, discomfort or annoyance to the local inhabitants or which is hazardous to human health. This Act controls the activities of the project with regard to human health and ensures that the health of the surrounding community is not jeopardized by the activities of the during project rehabilitation such as noise, vibrations, exhaust fumes and many more.

Legal notice 49 of April 2020, on COVID 19 rules 2020 provides for the prevention, control and suppression of covid 19.

The proponent through this ESIA and the ESMP has defined the necessary measures to be taken by the Contractor, and other responsible parties to prevent the occurrence of nuisance or conditions liable for injurious or dangerous to human health during the construction and the operation phase of the sub project. Also, in keeping with public health requirement as stipulated in the subsidiary legislation, 2020; legal notice No.49 of April 2020 to prevent the spread of the new COVID-19 pandemic, the proponent will ensure that hand washing facilities are installed at the sub project site and social distancing observed throughout the project cycle. Construction of toilets has been included in the design to comply with this requirement in addition to the provision PPEs.

4.3.5 Pest Control Products Act, 2012

This Act (Cap. 346, 2012) requires all chemicals used in any agricultural undertaking to be registered by the Pest Control Products Board (PCPB). All pest control products sold in Kenya must bear a label showing a PCPB registration number. Under this Act, there are a number of pesticides whose use is banned in Kenya while training in the use of pesticides must be carried out by PCPB accredited institutions and persons. All pesticide storage and handling arrangements must be inspected and licensed under this Act.

The proposed water pan project supports mainly livestock, domestic and household kitchen gardens. Minimal chemicals are likely to be used considering the scale of the activities hence there would be no need to develop a Pest Management Plan.

4.3.6 Occupational Safety and Health Act, 2009

This is an Act of Parliament to provide for the safety, health and welfare of all workers and all persons lawfully present at workplaces, to provide for the establishment of the Directorate of Occupational Safety and Health Services and its purposes. It applies to all workplaces where any person is at work, whether temporarily or permanently. During the construction, operation and decommissioning phase of the pan, the works contractor and users must adhere to the requirements of this Act.

The proponent will appoint an approved reputable contractor who will be responsible in enforcing the requirements during construction with supervision from the county project office. The Public Health Office to sensitise on disease causing vectors and avail health care services; the Project Contractor will provide clean drinking water and pit latrines on site; sensitisation of the migrant workers on risky sexual behaviour and provide condoms regular temperature screening of staff and visitors for Covid19, provision of hand washing facilities and other PPEs on site.

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4.3.7 The Forest Act 2005

This Act provides for the establishment, development and sustainable management, including conservation and rational utilization of forest resources for the socio -economic development of the country. Taking in mind the indigenous in the site should be protected or with minimal disruption.

The project will ensure that trees will not be cut unless necessary, at the same time the beneficiaries will be trained on establishment of tree nurseries and tree planting.

4.3.8 The Employment Act, 2007

An Act of Parliament to repeal the Employment Act, declare and define the fundamental rights of employees, to provide basic conditions of employment of employees, to regulate employment of children, and to provide for matters connected with the foregoing.

The contactor will be expected to comply with the act by providing minimum basic working conditions and enumerating employees in line with set out rules. Risk related to labour-management including influx is not substantial given the small-scale nature of the water pan rehabilitation and expansion works. However, The Proponent through the Contractor will make sure that fairness and gender equity are followed during the recruitment of the labour force to be used during the construction phase. This will be included in the Tender Document for contracting for the works.

4.3.9 The Physical and Land Use Planning Act, 2019

The new Physical and Land Use Planning Act, 2019 (the 2019 Planning Act) came into force on 5 August 2019, repealing the Physical Planning Act of 1996 (the 1996 Act). The 2019 Planning Act now governs matters relating to planning, use, regulation and development of land in Kenya. County governments have the role of development control in their respective counties. All applications for development permission shall therefore be made in the relevant county.

Development permission must be sought prior to undertaking any development. A developer who does not obtain such prior permission risks criminal sanctions and demolition of the unapproved works.

In conclusion, the 2019 Planning Act has aimed at solving key challenges previously faced by property owners and developers when seeking to obtain development permission and also seeking to ensure planning and development is undertaken in a rational and cohesive manner at both national and county levels going forward.

Proponent has submitted the design drawings for the water pan to the County Government for approval by relevant departments prior to commencement of the project.

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4.3.10 Building Code By-Laws, 2000

This provides the basic rules, guidelines and standards for construction. It is a comprehensive document, which every developer/proponent/ contractor should have.

The proponent shall abide by the provisions of the Code and all approvals will be sought before commencement of the work and regular monitoring will follow to ensure compliance with set standards and conditions 4.3.11 Kenya Gazette Supplement No. 69

The Regulations prescribe the standards in waste management operations from generation, handling, storage, collection, transport, treatment and final disposal. Full compliance to regulations will yield a clean and healthy environment for all.

The Waste Management Regulations, 2006 are contained in the Kenya Gazette Supplement No 69. Sections 4(1-2), 5 and 6 highlights the following responsibilities for the waste generator. i. 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. ii. Any person whose activities generate waste shall collect, segregate and dispose or cause to be disposed of such waste in the manner provided for under these regulations. iii. Without prejudice to the foregoing, any person whose activities generates waste has an obligation to ensure that such waste is transferred to a person who is licensed to transport and dispose of such waste in a designated waste disposal facility

The proponent shall adhere to the regulations and proposes to contract a NEMA registered waste transporter as depicted in the ESMP.

4.3.12 The Community Land Act, 2016

This is an Act of Parliament to give effect to Article 63 (5) of the Constitution; to provide for the recognition, protection and registration of community land rights; management and administration of community land; to provide for the role of county governments in relation to unregistered community land and for connected purposes. Section 13 sub section (3) of the Act states that a registered community may reserve special purpose areas including areas for- (a) farming; (b) settlement; (c) community conservation; (d) cultural and heritage sites; (e) urban development; or (f) any other purposes as may be determined by the community, respective county government or national government for the promotion or upgrading of public interest. (4) An area reserved for special purposes under subsection (3) shall be used exclusively for the intended purpose. The land for the proposed sub project is a public land administered under the National Land Act 2012 as read with the Land Laws (Amendment) Act, 2016 No. 28 of 2016. The proposed water project will enhance

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4.3.13 The Land Act, 2012 No. 6 of 2012 (The Land Laws (Amendment) Act, 2016 No. 28 of 2016)

This is an of Parliament to give effect to Article 68 of the Constitution, to revise, consolidate and rationalize land laws; to provide for the sustainable administration and management of land and land-based resources, and for connected purposes. Under section 3. (1) 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. In section 8(d) the Commission on behalf of the National or County Government may require the land to be used for specified purposes and subject to such conditions, covenants, encumbrances or reservations as are specified in the relevant order or other instrument.

The land allocated for the proposed water pan sub project does not fall under the categories of land described in section 12(2) of the Act, that is, contain endangered or endemic species of flora and fauna, critical habitats or protected areas. The land allocated for the sub project is public land administered under this Act. The land is set aside for public utility and therefore, the proposed sub project fits with the stated use of the land. The proponent through this ESIA and ESMP has developed appropriate measures to ensure that the proposed development is implemented sustainably through the prevention and reduction of adverse impacts. The development will not contribute to hindering access to any land rights by the community.

4.3.14 Climate Change Act (CCA), 2016

The CCA aims to reduce vulnerability to climate change and improve our country’s ability to take advantage of the opportunities that climate change offers. The Act is to be applied for the development, management, implementation, and regulation of mechanisms to enhance climate change resilience and low carbon development for the sustainable development of Kenya. The Purpose and Objectives Clause of the Act (Part 1, Section 3) provides that (2) Without prejudice to subsection (1), this Act shall be applied to all sectors of the economy by the national and county governments to – a) Mainstream climate change responses into development planning, decisions making and implementation; b) Build resilience and enhance adaptive capacity to the impacts of climate change; c) Formulate programmes and plans to enhance the resilience and adaptive capacity of humans and ecological systems to the impacts of climate change d) Mainstream and reinforce climate change disaster risk reduction into strategies and actions of public and private entities;

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e) Mainstream intergenerational and gender equity in all aspects of climate change responses;

The development and implementation of the Proposed Ukanga Utune Water Pan subproject will contribute towards the stated objectives of the climate change act and enhance the resilience of the community to drought particularly through the availability of water.

4.3.15 The National Land Commission Act, 2012 No. 5 of 2012

This Act makes further provision to the functions and powers of the National Land Commission and to give effect to the objects and principles of devolved government in land management and administration, and for connected purposes.

Section 5(1) pursuant to Article 67 (2) of the Constitution, the functions of the Commission shall be (2) in addition to the functions set out in subsection (1), the Commission shall, in accordance with Article 67(3) of the Constitution— (c) ensure that public land and land under the management of designated state agencies are sustainably managed for their intended purpose and for future generations.

The proponent in this ESIA and the ESMP has outlined measures to ensure that the proposed sub project and the land in use are well managed to bring about environmental, and socio-economic well-being.

4.3.16 Land Acquisition Act (Cap. 295)

This Act provides for the compulsory or otherwise acquisition of land from private ownership for the benefit of the general public. Section 3 states that when the Minister is satisfied on the need for acquisition, notice will be issued through the Kenya Gazette and copies delivered to all the persons affected. Full compensation for any Damage resulting from the entry onto land to things such as survey upon necessary authorization will be undertaken in accordance with section 5 of the Act. Likewise, where land is acquired compulsorily, full compensation shall be paid promptly to all persons affected in accordance to sections 8 and 10 along the following parameters: (i) Area of land acquired, (ii) The value of the property in the opinion of the Commissioner of land (after valuation), (iii) Amount of the compensation payable, (iv) Market value of the property, (v) Damages sustained from the severance of the land parcel from the land, (vi) Damages to other property in the process of acquiring the said land parcel, (vii) Consequences of changing residence or place of business by the land owners, (viii) Damages from diminution of profits of the land acquired. The land allocated for the sub project is public land. The land was set aside for public utility and therefore, the proposed sub project fits with the stated use of the land. The proponent through this ESIA and ESMP has developed appropriate measures to ensure that the proposed development is implemented sustainably through the prevention and reduction of adverse impacts. The development will not contribute to hindering access to any land rights by the community.

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4.3.17 Physical Planning Act, 2010. Revised Edition 2012

This Act of parliament provides for the preparation and implementation of physical development plans and for connected purposes, it requires submission for approval development plans or apply for change of use of parcel of land for specific use. A search for the land showed that the land had been set aside for the development of water pan and so the rehabilitation is in with the act. 4.3.18 County Government Act, 2012 This is an Act of Parliament to give effect to Chapter Eleven of the Constitution; to provide for county governments' powers, functions and responsibilities to deliver services and for connected purposes. The act seeks to ensure that the community and cultural diversity of a County are reflected in its County Assembly and County Executive Committee as contemplated in Art. 197 of the Constitution and Prescribe mechanisms to protect minorities within counties pursuant to Art. 197 of the Constitution. All community members including vulnerable groups i.e. the youth, women and persons with disability were involved in making decisions of this ESIA. The various views of this group (vulnerable groups) were also captured from the consultative meetings (barazas) in conforming to the Act. 4.3.19 National Museum & Heritage Act, 2006 This is an act of Parliament to consolidate the law relating to national museums and heritage; 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; to repeal the Antiquities and Monuments Act and the National Museums Act; and for connected purposes The contactor should halt site operations in case of any objects and materials of cultural, scientific, natural, biological, palaeontological or historic interest which are exhibited in a museum and seek for a professional and authoritative expertise and advice in relation to the proposed activities of the museum to the public. 4.4 National Legal Provisions on Gender, HIV/AIDS and Gender Based Violence (GBV) and Sexual Exploitation and Abuse (SEA)

4.4.1 Gender Policy

This Policy Framework aims at mainstreaming gender concerns in the national development process in order to improve the social, legal/civic, economic and cultural conditions of women, men, girls and boys in Kenya.

The policy provides direction for setting priorities to ensure that all ministerial strategies and their performance frameworks integrate gender equality objectives and indicators and identify actions for tackling inequality. In addition, each program will develop integrated gender equality strategies at the initiative level in priority areas. Within selected interventions, the policy will also scale-up specific initiatives to advance gender equality.

This policy will be referred to during project implementation especially during hiring of staff to be involved in the implementation of the project. Moreover, the project will be of benefit particularly youth,

- 36 - ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020 women and children by providing opportunities to reduce poverty and increase food security among the rural poor households by improving the performance of irrigation and marketing infrastructure, as well as enhanced methods of post-harvest management.

4.4.2 The Sexual Offences Act of 2006 (The Sexual Offences (Amendment) Bill, 2016)

This is an Act of Parliament to make provision about sexual offences, their definition, prevention and the protection of all persons from harm from unlawful sexual acts. Section (6) states that compelled or induced indecent acts by a person is a guilty offence and such a person is liable upon conviction to imprisonment for a term which shall not be less than five years. Section 24 deals with sexual offences relating to position of authority and persons in position of trust. Section 24, Sub section (5) states any person who being in a position of trust takes advantage of his or her position and induces or seduces a person in their care to have sexual intercourse with him or her or commits any other offence under this Act, such sexual intercourse not amounting to the offence of rape or defilement, shall be guilty of an offence of abuse of position of trust and shall be liable upon conviction to imprisonment for a term of not less than ten years. Section (30) describes non-disclosure of conviction of sexual offences in the past as an offence and is punishable under the law.

Section 40C. sub section (1) of the amended bill states that the national and county governments shall promote public awareness on sexual offences through a comprehensive nation-wide education and information campaign conducted by the Government through the relevant Ministries, departments, authorities and other agencies.

The project will comply with the provisions of this act through sensitisation campaigns to create awareness prior to commencement of the project

4.4.3 HIV and AIDS Prevention and Control Act No. 14 of 2006

This legislation provides 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, counselling, support and care of persons infected or at risk of HIV and AIDS infection, and for connected purposes.

Among the purposes of this Act as outlined in section 3 (a) is to promote public awareness about the causes, modes of transmission, consequences, means of prevention and control of HIV and AIDS; and (d) to positively address and seek to eradicate conditions that aggravate the spread of HIV infection. Section 7 makes provision for HIV and AIDS education in the workplace in this case even the informal workplace is included. Section 12 prescribes the penalty for unsafe practices or procedures which might lead to the infection of another person with HIV. Section31. Prohibits discrimination in the workplace based on the HIV/AIDS status of a person.

The proponent through this ESIA has carried out adequate social assessment of the sub project and through the ESMP provided adequate measures to comply with the provisions of this legislations on; national legal and policy provisions on gender, HIV/AIDS and Gender Based Violence (GBV) and Sexual Exploitation and Abuse (SEA). This will be mainly be through sensitisation campaigns to create awareness.

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4.5 World Bank’s Safeguard Policies

The World Bank and IFC has well set safeguard policies aimed at ensuring the organization’s funded projects adhere to environmental and social protection. These safeguards include;

4.5.1 World Bank Safeguard Policy 4.01 – Environmental Assessment

This policy is applied to any country undertaking a project that is world Bank funded should ensure that development projects are sustainable and environmentally sound. Although its operational policies and requirements vary in certain respects, the World Bank follows a relatively standard procedure for the preparation and approval of an environmental assessment study The World Bank considers environmental impact assessment (EIA) as one among a range of instruments for environmental assessment. Other instruments used by the World Bank include regional or sectoral environmental assessment, strategic environmental and social assessment (SESA), environmental audit, hazard or risk assessment, environmental management plan (EMP) and environmental and social management framework (ESMF). The Bank undertakes environmental screening of each proposed project to determine the appropriate extent and type of environmental assessment. Proposed projects are classified into one of three categories, depending on the type, location, sensitivity, and scale of the project and the nature and magnitude of its potential environmental impacts.

The proposed project falls under: • Category B: the proposed project is likely to have minimal or no adverse environmental impacts. beyond screening, no further environmental assessment action is required for a Category B project

Environmental Assessment is used in the World Bank to identify, avoid, and mitigate the potential negative environmental associated with Bank lending operations. Screening was done for the proposed project and fell under category B and this triggered the ESIA process and this conforms with the requirement of OP. 4.01 for world bank operational guidelines.

The project screened the project for environmental and social risks and on the basis prepared an ESIA which is the subject of this report. The report has established all the significant impacts that need to be addressed and proposed appropriate measures to prevent or reduce any risk that may be posed to the environment (physical, biological and social). The adverse impacts and their mitigation measures are well outlined in the ESMP including responsible parties, duration and cost in the whole project cycle. The project has also consulted the public on this ESIA report as required by the policy.

4.5.2 Bank Safeguard Policy 4.04 – Natural Habitats

The natural habitats policy is meant to enhance environmentally sustainable development through protection, conservation, maintenance and rehabilitation of natural habitat and their functions. World Bank supported developments are required to take considers and ensures conservation of biodiversity as well as the diverse environmental services and products that the natural habitats present to the communities The policy strictly limits the circumstances under which any Bank-supported project can damage natural habitats (land and water area where most of the native plant and animal species are still present).

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To ensure conservation and project sustainability, the policy requires that: i. Project alternative be sought when working in fragile environment areas; ii. . Key stakeholders are engaged in project design, implementation, monitoring and evaluation including mitigation planning.

The project is a rehabilitation of an existing water pan and is already allocated in a settled area which is not naturally sensitive. This project has no notable interaction with notable natural habitats apart from limited localized Riverine aquatic systems.

4.5.3 Bank Safeguard Policy 4.11 – Physical Cultural Resources

This policy assists in preserving physical cultural resources and helps reduce chances of their destruction. The policy considers Physical Cultural Resources (PCR) to be resources of archaeological, paleontological, historical, architectural, and religious (including graveyards and burial sites), aesthetic or other cultural significance.

There were no recorded physical cultural resources within the project location but in case during excavations they get into contact with such scenarios, the project should be halted temporarily and the National Museums of Kenya be consulted before further developments. Therefore, the contractor will be provided with the chance finds guidelines.

4.5.4 Bank Safeguard Policy 4.12 – Involuntary Resettlement

The objective of this policy to avoid where feasible, or minimize, exploring all viable alternative Project designs, to avoid resettlement. This policy is triggered in situations involving involuntary taking of land and involuntary restrictions of access to legally designated parks and protected areas. The policy aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts. The policy prescribes compensation and other resettlement measures to achieve its objectives and requires that borrowers prepare adequate resettlement planning instruments prior to Project appraisal of proposed projects. The objective of this policy to avoid where feasible, or minimize, exploring all viable alternative Project designs, to avoid resettlement. This policy is triggered when a Project activity causes the involuntary taking of land and other assets resulting in: Relocation or loss of shelter, loss of assets or access to assets, loss of income sources or means of livelihood, whether or not the affected persons must move to another location, and loss of land

This safeguard is not triggered by the project as the proposed project site does not affect or displace any PAP, nor anticipated to cause any livelihood or economic loss for it is in a public land set aside for such a utility. 4.5.5 Banks Operational Policy OP/BP 4.09 (Pests Control Management)

The policy is meant to minimize and manage the environmental and health risks associated with pesticides use and promote and support safe, effective and environmentally sound pest management.

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The safeguard is not activated under this Project since the project is mainly for domestic, livestock and household kitchen gardens. 4.5.6 World Bank Safeguard Policy BP 17.50 – Public Disclosure

This Policy details the Banks requirements for making operational information available to the public. The Bank reaffirms its recognition and endorsement of the fundamental importance of transparency and accountability to the development process. In addition, timely dissemination of information to local groups affected by the projects and programs supported by the Bank, including nongovernmental organizations, is essential for the effective implementation and sustainability of projects.

Once this ESIA is cleared by NPCU and World Bank, the document will be disclosed in the Machakos county, KCSAP and World Bank websites.

4.6 Activities Triggering World Bank Safeguards

The matrix below presents the extent to which the World Bank safeguards apply to the implementation of the Ukanga Utune Water Pan Project. The safeguards triggering matrix is presented in Table 4.2.

Table 4.2: World Bank Safeguards Triggering Matrix Policy Triggered Discussions

Environmental Yes The project components will trigger EA safeguards and is Assessment Category B due to the localized nature of the impacts. (OP/BP 4.01)

OP/BP 4.04 No There are no notable natural habitats as per the definition of the (Natural Bank Habitats)

Involuntary No The project is to be rehabilitated and therefore no resettlement. Resettlement (OP4.12)

Physical Cultural No Investigations during the ESIA showed that there are no known Resources cultural resources on the site. However, shall precautionary (OP/BP4.11) provide chance finds guidelines.

OP/BP 4.09 Yes During project operation in the case of crop production, there (Pests will be minimal use of chemicals for pest and disease control Control on crops planted. Management)

4.7 International Laws and Guidelines/ Multilateral Environmental Agreements

This section gives an additional guidelines /international laws/multilateral environmental agreements to be adhered to in the proposed project.

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4.7.1 Ramsar Convention on Wetlands

This is an inter-governmental treaty that provides the framework for national action and international cooperation for the conservation and wise use of wetlands and their resources. The Ramsar Convention is the only global environmental treaty that deals with a particular ecosystem. The treaty was adopted in the Iranian city of Ramsar in 1971 and the Convention's member countries cover all geographic regions of the planet. Unlike the other global environmental conventions, Ramsar is not affiliated with the United Nations system of Multilateral Environmental Agreements (MEA), but it works very closely with the other MEAs and is a full partner among the "biodiversity-related cluster" of treaties and agreements.

The subproject is located in an area which is not considered a wet land moreover the project through internal seepage may contribute toward underground water 4.7.2 Paris Agreement on Climate Change

The Paris Agreement deals with greenhouse-gas-emissions mitigation, adaptation, and finance, signed in 2016. The Paris Agreement's long-term temperature goal is to keep the increase in global average temperature to well below 2 °C above pre-industrial levels; and to pursue efforts to limit the increase to 1.5 °C, recognizing that this would substantially reduce the risks and impacts of climate change. This should be done by reducing emissions as soon as possible, in order to "achieve a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases" in the second half of the 21st century. It also aims to increase the ability of parties to adapt to the adverse impacts of climate change, and make "finance flows consistent with a pathway towards low greenhouse gas emissions and climate- resilient development." Under the Paris Agreement, each country must determine, plan, and regularly report on the contribution that it undertakes to mitigate global warming.

The contractor will be required to use efficient machineries at the same time solar water pumping system will be encouraged to avoid carbon-based fuels. Tree planting will also be encouraged in the project area for uptake of carbon. The water pan is itself an adaptation measure and its implementation will contribute to realizing Adaptation Goal of the Agreement

4.7.3 Convention on Biological Diversity

In response to the growing threat posed by human activity to biodiversity and inspired by the world community's growing commitment to sustainable development, during the 1992 Earth Summit in Rio de Janeiro world leaders adopted the Convention on Biological Diversity (CBD). It is the most important Convention dealing with biodiversity conservation.

The Convention has three main objectives: • To conserve biological diversity • To use biological diversity in a sustainable way • To share the benefits of biological diversity fairly and equitably.

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IUCN has been involved in the CBD since its drafting and through its further development. Its policy work has helped to ensure that decisions taken by the Parties to the Convention are as effective as possible to achieve the CBD objectives.

The ESMP has put measures to ensure that indigenous trees which are part of biodiversity are not destructed unnecessarily and suggested measures of replanting cut ones. Further, the project area will not be located in an area of significant biological conservation.

4.7.4 Sustainable Development Goal 5 Targets

Table 4.3: Sustainable Development Goal 5 Targets GOAL 5: Achieve gender equality and empower all women and girls Target 5.1 End all forms of discrimination against women and girls everywhere Target 5.2 Eliminate all forms of violence against women and girls in the public and private spheres, including trafficking, sexual and other types of exploitation Target 5.3 Eliminate harmful practices, such as child, early and forced marriage and Female Genital Mutilation Target 5.4 Recognize and value unpaid care and domestic work through the provision of public services, infrastructure and social protection policies and the promotion of shared responsibility within the household and the family as nationally appropriate

Target 5.5 Ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making including political, economic and public life

Target 5.6 Ensure universal access to sexual and reproductive health and reproductive rights as agreed in accordance with the Programme of Action of the International Conference on Population and Development, the Beijing Platform for Action and the outcome documents of their review conferences

• Goal 6: Ensure availability and sustainable management of water and sanitation for all; • Goal 9: Build resilient infrastructure, promote inclusive sustainable industrialization, and foster innovation; Public participation during the undertaking of this ESIA included women and children. Women will also be considered for equal employment opportunities once the project commences. The project will provide water to the community with access points for both people and livestock as well as sanitary facilities at the site.

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4.8 Other Relevant Sectorial Legislation

Whereas EMCA supersedes all other environmental legislation, numerous other laws and regulations will influence activities of the proposed Project once construction is complete. These include the following legal statutes, of which the management of the proposed Project will need to familiarize with: ▪ Crops Act - Act No. 16 of 2013, ▪ Seeds and Plant Varieties Act (CAP. 326); ▪ Fertilizers and Animal Foodstuffs Act (CAP. 345); ▪ Use of Poisonous Substances Act (CAP. 247); ▪ Malaria Prevention Act (CAP 246); ▪ Food, Drugs and Chemical Substances Act (CAP. 254); ▪ Plant Protection Act revised 2012; ▪ Fisheries Act revised 2016; 4.8.1 Key Institutional Organs

In summary, the key institutional organs of relevance to the proposed Ukanga Utune Water Pan Project are presented in Table 4.4.

Table 4.4: Institutional Organs of Relevance to the Proposed Project Institution Parent Ministry Responsibility NEMA Ministry of Environment and Approval of ESIA Project Report natural Resources Issuance of EIA License Water Catchment Ministry of Water and Irrigation Catchment conservation and Boards issuance of water permits Public Health Ministry of Health Inspection of the project Oversee implementation of COVID-19 control measures Department Ministry of Agriculture, Implementation of Crops and Department of Crop Livestock AFFA acts Act and Monitoring of the Production Fisheries and Cooperatives ESMP and implementation of project activities WRA Ministry of Water and Irrigation Approval of water abstraction Directorate of Ministry of Labour, social Approval of construction Occupational Health security and services plans and activities NCA Ministry of Transport and Construction project Communication registration Physical planning County development plans approval Pest Control Prod Ministry of Agriculture livestock Approval of any pest control Board and fisheries Products to be used.

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CHAPTER 5: PUBLIC PARTICPATION AND STAKEHOLDER CONSULTATION

5.1 Overview

The welfare of societies and the quality of life is directly linked to the sustainable use of our natural resources. This has been duly recognized in Agenda 21, where it is stated that: "Special attention should be paid to the demand for natural resources generated by unsustainable consumption and to the efficient use of those resources consistent with the goal of minimizing depletion and reducing pollution." Public participation and stakeholder’s consultation is a very important aspect of the ESIA process and community development. Public participation helps seek the views of the stakeholders/ public on the expected positive and negative impacts and ways of mitigating these issues. It also helps to bring out the contentious issues and gives a chance to those who may be affected by the proposed sub-project to give their views. This report has provided a comprehensive list of those consulted in Annex 3.

The Kenya government has enshrined the need for public involvement in sub-project development in the Constitution of 2010. This has been set out in the EMCA, CAP 387 and Environmental (Impact and Audit) Regulations, 2003.

The purpose of the meetings with the interested and affected parties (IAP) was to explain to them about the sub-project and its effects and to receive their oral or written comments. The public participation and stakeholder’s consultation helped to disclose all the components of the project to the community and be able understand what the project meant in terms of benefit and any adverse effect. 5.2 Objectives

The main objectives of the public consultation process were to: • Inform the public of the details of the proposed Project construction; • Collect views on the positive and negative impacts anticipated by the local residents and how these can be overcome; and • Build community consensus and acceptance of the proposed project.

5.3 Methodology

Public participation for the proposed Ukanga Utune Water Pan construction project was conducted through the admission of questionnaires to allow for systematic understanding and interaction of the Potentially Affected Persons (PAP’s) and the Proponents. Over ten (20) questionnaires were issued to relevant line ministries, local administration and individuals whom the ESIA team deemed were stakeholders of the proposed development. A sample of these questionnaires has been attached to the report for ease of reference. (See Annex 1) A second stage whose findings are incorporated into this report involved holding of stakeholders public baraza on site. During the baraza, stakeholders had a chance to interact with the proponent represented by the ESIA expert and design Engineers. (See attendance list Annexes- annex 3)

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Presentation of the project scope was outlined, after which an open discussion forum followed during which all pertinent issues were raised and agreed upon with all stakeholders. Public participation was held at the project site; Ukanga Utune – Isinga Village on the 18th February, 2020 (see annex 2 for the minutes of public consultations and annex 3 for list of participants) which ensured that communities and stakeholders were part and parcel of the proposed development and in so doing assured the ownership and sustainability of the sub-project. It has been demonstrated successfully that sub-projects that undergo public participation will acquire a high level of acceptance and accrue benefits to a wider section of society.

Table 5.1: Summary of Negative Impacts and their mitigation measures No Impact Mitigation Measures 1 Catchment erosion and siltation of On-farm construction of terraces for farmers near farms to the dam control soil erosion 2 Dust and air pollution Catchment conservation and protection of livestock and 3 Loss of some biodiversity waterways 4 Increased waterborne diseases Training on water treatment for community members Community to be enlightened on use of toilets and chief to follow on the use of the same. 5 Community conflicts Train water management committee on conflict resolutions 6 Drowning Fencing the dam 7 Overgrazing Encourage on farm water drinking through zero grazing 8 Mosquito increase Using nets to control mosquitos 9 Increase of disease vector due to Disease surveillance and quarantine during outbreaks concentration of livestock 10 Water Pollution Proper waste disposal during construction and adequate instructions to operators on waste disposal Training on proper disposal of chemicals through the safe use of pesticides 11 Accidents from construction Close supervision by qualified personnel 12 Substandard works leading to The management committee and resident engineer to guide collapse of pan through the construction 13 Spread of sexually transmitted Sensitization on the control of HIV/AIDs and other STDs diseases 14 Spread of COVID19 Adhere to the Public health act; 242 legal notice 54 of April 2020, on COVID 19 regulations thorough provision of social distancing and wearing PPEs All community members including vulnerable groups i.e. the youth, women and persons with disability were involved in making decisions. The various views of this group (vulnerable groups) were also captured from the consultative meetings (barazas). The main issues raised by the different groups and how they were addressed are summarised as follows;

5.3.1 Summary of Positive Impacts

Positive impacts identified by stakeholders include the following: • An adequate supply of water for livestock and domestic use • Can be used for irrigation and lead to improved household income • Improved environmental protection

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• Temporary employment creation for the youth and women during construction. • Improved nutrition and income • Short distances of travel in search of water • Time-saving for other activities

5.3.2 Summary of Anticipated Negative Impacts and Mitigation Measures

The negative impacts and mitigation measures identified are summarized in the table below. (see annex 2 for comprehensive minutes and attendance.)

5.4 Consultation and Disclosure Outputs

Annex 2 of this report present the information on the public consultations undertaken under the environmental impact assessment for the proposed water pan. This information includes selected responses.

5.5 Salient Issues

5.5.1 Opinion on Project Implementation

It is clear from the questionnaires received back that water is a key component of the residents of Isinga community. All the residents admitted that they were interested in this project more solely for their livestock and domestic use and in so doing pointed to the benefit that will accrue to them by its expansion and rehabilitation.

5.5.2 Health Implications

The respondents had varying opinions but all converging on the need for alternative sources of water for their livestock and domestic use. Health issues were highlighted either as negative or positive. Negative in the sense that there could be increased incidents of water-related diseases, the introduction of mosquito larvae eating fish to the reservoir after construction was seen as the best method to mitigate the same. The project is viewed positively in the sense that it would support their livestock for a longer period especially at critical times.

5.6 Overall outcome of stakeholder consultations

In the overall, the stakeholder considers the rehabilitation of the project positive and thus would like to see the implementation take off urgently.

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CHAPTER 6: ANALYSIS OF PROJECT ALTERNATIVES

6.1 Introduction

Analysis of alternatives from a technical, economic, environmental and social perspective formed an integral part of the design and assessment of the Ukanga Utune Project. Considering that the Project will be a rehabilitation of the existing water pan, there will be no need of much of extra land since the proposed site is within the water pan area. The analysis of alternatives proposes whether the project should be implemented as it is, an alternative project to be proposed or no project to be implemented at all. If the project is to be implemented as it is designed, then positive measures verses the negative measures are identified. The adverse negative impacts can be mitigated by proposing specific mitigation measures with cost.

6.2 Alternatives Including the Proposed Action

Alternative options are as discussed below:

6.2.1 The ‘No Action’/ ‘ZERO’ Alternative

The ‘No Action’ alternative is a situation where the status quo remains. The Proponent would not carry out the intended construction works; therefore, the anticipated impacts resulting from commissioning, operation and decommissioning of the development as proposed, would not occur. Furthermore, any resultant socio-cultural/economic benefits at all the stages of implementation would not be realised. The No-Project option will not have negative impacts since the project proposes for the existing pan to be rehabilitation. Further there will be long term negative impacts to Isinga community including:

• Non improved livestock watering points; • Lack of a well-designed abstraction of water for irrigation leading to food insecurity; • Continuous conflict between human and livestock for water resource; • No employment and business opportunities will be created;

The No Project alternative is therefore not a viable option as the proposed rehabilitation of Ukanga Utune Water Pan will provide enough and reliable water for livestock watering and irrigation purposes. These would have improved the livelihood of the entire community.

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6.2.2 Alternative Site; New water pan

Excavating an entirely new dam in a different location is an option which the community could explore. This requires identification of a new community land and carrying out survey and design works. Currently the community has not set aside any other land for water harvesting purposes and redoing the whole project would be a length process and expensive. This option was not recommended.

6.2.2 Alternative Water Source

The community could also benefit from exploiting other sources of water such as boreholes, roof water catchments, shallow wells. Boreholes discharge water constantly is successfully drilled, however, sometimes the quality of water is not guaranteed in ASAL areas due to rock formations. This alternative can be considered in future with adequate hydrogeological studies conducted on the ground. Sand Dams are best constructed where we have dry river beds and rock formations on the river banks but for our case the site lucks this characteristic and thus not tenable. Dams are constructed where there are valleys. The site is relatively flat and hence not suitable for construction of a dam and therefore not tenable.

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CHAPTER 7: ANTICIPATED IMPACTS AND MITIGATION MEASURES

7.1 Introduction

This chapter presents the assessment of the issues likely to arise as a result of implementation of the proposed project. The impacts are presented in-regard to their likelihood of occurrence on the physical, biological, occupational and socio-economic environments. The adverse negative impacts in environment and social wellbeing, there is proposed mitigation measures to be looked at during the project operation, implementation and decommissioning.

7.2 Positive Impacts

7.2.1 Project Cycle a) Employment Opportunity to the Locals

The rehabilitation of Ukanga Utune water pan will require both skilled and unskilled labour. The unskilled labour will be realised during the construction phase and will be of benefit to the local communities living around the project location. The community members will provide labour for bush clearing, loading and offloading of construction materials and deliveries, record keeping and provision of security at active sites and temporary campsites. The Indirect job opportunities include provision of goods and services such as catering and kiosks, barber shops etc. to the construction crew are anticipated.

The proponent encourages involvement of both women and men in realisation of the proposed project. Local employment opportunities that will be available during the construction phase anticipate generation of income for both women and men through activities such as providing food for construction workers. b) Provision of Market for Supply of Construction Materials

There is need for local materials to ensure that the community benefit from the project. The supply of large quantities of construction materials will be sourced locally within the project surrounding areas such as ballast and sand. This will provide ready market and increase income to the suppliers such as companies and individuals who engage in such activities. d) Economic Growth

Investing in the local hardwares by buying their products/ materials during the construction phase for example cement, steel metals and others; the project will contribute towards growth of the country‘s economy by contributing to the GDP. The consumption of these materials, oil, fuel and others will attract taxes including VAT which will be payable to the government hence increasing government revenue while the cost of these raw materials will be payable directly to the producers

- 49 - ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020 e) Increased livestock and crop productivity The reduced walking distance for livestock to watering points will improve livestock health and lead to increased productivity in milk and meat. The livestock will also fetch good prices in the market leading to an extra income earned for households. The proposed micro irrigation will contribute to increased crop productivity especially in kitchen gardening and fruit trees. This will enhance food and nutrition security beside income through local sales. f) Increased indigenous and fruit tree growing The availability of water will contribute to the establishment of indigenous and fruit (mango, citrus) tree nurseries through engagement with the local sub project committee and stakeholder’s community and increased tree growing. This would supply the local community with the required seedlings for growing fruit trees and increasing the indigenous tree cover. g) Change in groundwater hydrology (Ground water recharge) The prolonged storage of water in the water pan could contribute to groundwater recharge through gradual infiltration. This could have the benefit of increasing ground water availability. h) Establishment of a reliable source of water The desilting and expansion of the water would increase the water storage volume. This would increase the retention period of the pan, creating a more reliable source of water for the community and the livestock. i) Community project governance The proposed project will involve the community and the local stakeholders throughout the project cycle equipping them with management skills in water projects. The sub project will present the local stakeholders with a learning opportunity on community water project governance practices, such as: efficient water management, transparency, management of grievances, accountability and record keeping among others. j) Reduced walking distance to water sources

The implementation of the project and increased water volume will ensure longer retention period for water in the pan. This will lead to saving time for local herders through reduced distance to water sources. This will create room to be involved in other economic activities. k) Livelihood diversification The proposed sub project will enhance livelihood diversification to beekeeping, poultry keeping, kitchen gardening, fish farming and planting of pasture or fodder on a small scale. This will be possible through the increased volume of water in the rehabilitated pan and from time saved in search of water for livestock and even domestic use. Livelihood diversification will contribute towards employment creation, income generation and food security in the project area. l) Improved public hygiene The proposed construction of sanitary facilities in the sub project, provision of water drawing points for people and cattle troughs for small and large livestock and fencing of the water pan will mean less contamination and pollution of the water and the environment. Expansion will mean more water volume. All this will result in improved sanitation and public hygiene in the area resulting in reduced disease incidences and burden.

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7.3 Negative Environmental and Social Impacts

7.3.2 Impacts Prediction: Construction Phase The following potential impacts were considered and evaluated for their likelihood of taking place: a) Encroachment into catchments The constructed facilities have the potential of opening up to ‘development’ or other forms of exploitation by community and others previously denied access due to the lack of water. For the case of the water pan, the predicted impacts will be - increased soil erosion due to the diversion of drainage channels, increased siltation due to increased activities near the reservoir. These impacts have been noted to be major and as such adequate mitigation measures have been considered.

Mitigation measures: • Ensure that no new houses are constructed near the water pan. • Sensitize the community on the issue to generate solution to be incorporated in the spatial plan for the area during its development. b) Influx of Workers from other Areas The project area might experience an influx of pan construction workers from other areas. This will directly affect the normal social set up of communities living in the project area thereby causing possible decay of morality, increase in school drop-outs due to available unskilled labour, possible child labour, petty thieves and increased HIV/AIDs incidence and other communicable diseases.

Mitigation Measures • Proper sensitization and public awareness should be encouraged. • Contractor should ensure that preference is made to local residents during recruitment of workers. c) Potential Impacts on Flora and Fauna The existing vegetation especially the shrubs and some indigenous trees shall be disturbed during preparation for construction. There will be cutting of these trees to allow for rehabilitation of the pan and to create a space for material placement.

Mitigation Measures The following measures for mitigating against adverse impacts are recommended to the proponent for implementation; • Minimal tree cutting especially indigenous ones to create the way for trucks and where the materials will be placed. • Minimize unnecessary cutting of trees at the ground

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The Ukanga Utune Water Pan catchment area is noted to have near undulating terrain with an evenly distributed population practicing farming. This has the potential to accelerate soil erosion and impose severe economic costs to the project if appropriate soil conservation measures are not included in the planning of the project. This is considered to be a major and negative impact. Mitigation Measures • Sensitization of farmers around the water pan on farming practices for soil and water conservation. • Farmers will be expected to implement improved land management practices and soil and water conservation measures e) Impacts on surface and groundwater hydrology Impacts on surface and groundwater resources can be severe if the annual evaporation and seepage from the impounded reservoir are higher than the total annual discharge. This is proposed for investigation during the design stage where appropriate measures will be instituted. Overall, it is anticipated that gradual groundwater recharge, flood control will be improved while encouraging economical utilization of surface water. This is a positive impact that needs to be enhanced. However, induced changes in the water quality of the reservoir as can occur during the operations of the reservoir may have a negative impact on groundwater. Mitigation measures • Prevention of pollution and contamination of water in the reservoir by creation of awareness in proper waste disposal especially of contaminants in the project area. Fencing and provision of livestock cattle troughs to control animal movement around the project site will also keep away livestock hence reduce contamination of the water pan. f) Inundation of mineral resources

The area to be inundated does not have any identified mineral deposits except sand which is basic input in the construction industry. Mitigation Measure Thus, a silt/sand trap is recommended on the upstream of the reservoir at least 20 m from the throwback upper limit distance. g) Water use conflicts

Currently, the local community walks long distances in search of water. Since the reservoir will improve water availability, related conflicts are likely to occur.

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Mitigation Measure Conflict is likely to be reduced if water resources are well managed. The pan management committee is advised to come up with water use bylaws to ward off possible conflicts in the future. h) Health Impact – Spread of COVID-19 amongst construction workers The World Health Organization declared COVID-19 a global pandemic after assessing both its alarming levels of spread and severity, and the alarming levels of inaction. Consequentially, WHO issued various guidance and measures to prevent the spread of the virus. The measures have been adopted worldwide. Similarly, the Kenyan government has since then issued several guidance and directives after the first case was registered on March 13th 2020. These included complete cessation of movement to and from areas considered hot spots and night curfew, social distancing guidelines, closure on non – critical and essential enterprises, closure of places of worship and public gatherings, mandatory use of masks in public places, among others. During project execution (civil works), large numbers of workers will be required to assemble together in meetings, toolbox talks and even at work sites; varied number of workforce including suppliers of material and services are also expected to come in from various places in the country which may be COVID-19 hot spots; and interaction of workers with the project host community will happen as workers find accommodation close to work sites, and/or return to their homes after works. The potential for the spread of any infectious disease like COVID-19 by projects is high. There is also the risk that the project may experience large numbers of its workforce becoming ill and will need to consider how they will receive treatment, and whether this will impact on local healthcare services including the project host community. The presence of international workers, especially if they come from countries with high infection rates, may also cause social tension between the foreign workers and the local populations. Recently, the WHO has warned that the virus is here to stay for a long time and might persist and become our new way. The Government of Kenya has also lifted some of the initial movement controls and allowed the resumption of business, with certain industry specific guidelines being enforced. The duty of care has now been transferred to individual citizens and enterprises. Recognizing the potent risk this may present, it is difficult to clearly outline exhaustive mitigation measures under the mitigation impacts. As such, there is need for the client and the contractor to develop and adopt COVID-19 Standard Operating Procedure (SOPs) in line with the World Bank guidance, Ministry of Health Directives and site-specific project conditions. These SOPs need to be communicated to all workers and enforced to the latter without fail. In addition to the requirement of the SOPs, the following mitigation measure shall also be adopted: COVID-19 – Mitigation Measures against spread of COVID-19 amongst workers: The Contractors will develop SOPs for managing the spread of Covid-19 during project execution and submit them for the approval of the Supervision Engineer and the Client before mobilizing to site. The SOPs shall be in line with the World Bank guidance on COVID-19, Ministry of Health Directives and site-specific project conditions; • Mandatory provision and use of appropriate Personal Protective Equipment (PPE) shall be required for all project personnel including workers and visitors; • Avoid concentration of more than 15 workers at one location. Where there are two or more people gathered, maintain social distancing of at least 2 meters; • All workers and visitors accessing worksites every day or attending meetings shall be subjected to rapid Covid-19 screening which may include temperature check and other vital signs;

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• The project shall put in place means to support rapid testing of suspected workers for covid- 19; • Install handwashing facilities with adequate running water and soap, or sanitizing facilities at entrance to work sites including consultation venues and meetings and ensure they are used; • Ensure routine sanitization of shared social facilities and other communal places routinely including wiping of workstations, door knobs, hand rails etc; i) Social risk - Spread of COVID-19 amongst community members during consultations During implementation of the ESIA, various consultative activities will be undertaken. For efficient and meaningful engagement, a wide range of individual participants, groups in the local community and other stakeholders will be involved. The types of consultations to be used to pass information shall be through public Baraza’s, electronic means shall be used where possible and one-on-one basis meetings while observing the COVID-19 mitigation measures to ensure safety stakeholders involved, the community at large and the client. The consultations will involve verification of PAPs covering the occupants of the affected area and vulnerable persons and groups; awareness raising, sensitization of PAPs and gauging attitude to the project; training and capacity building for livelihoods restoration, grievance redress, execution of site - specific surveys among others. If carried out conventionally, these activities would lead to close interaction between the proponent and the community members leading to a high risk of spreading COVID-19 amongst community members during the consultation process. To minimize the risk of spread of COVID-19 amongst community members, alternative means of consultation will be required as mitigation measures to ensure social distancing and appropriate communication measures. The mitigation measures will be supervised by a communications/ stakeholder engagement / social safeguards expert in the project proponent’s team. Mitigation measures against spread of COVID-19 amongst community members i. Electronic means of consulting stakeholders and holding meetings shall be encouraged whenever feasible. One-on-one engagements for the PAPs while observing social distance and adhering to PPE wearing shall be enforced; ii. Avoid concentrating of more than 15 community members at one location. Where two or more people are gathered, maintain social distancing of at least 2 meters; iii. The team carrying out engagements within the communities on one-on-one basis will be provided with appropriate PPE for the number of people they intend to meet; Use traditional channels of communications (TV, newspaper, radio, dedicated phone-lines, public announcements and mail) when stakeholders do not have access to online channels or do not use them frequently. Allow participants to provide feedback and suggestions. a. Hold meetings in small groups, mainly in form of FGDs if permitted depending on restrictions in place and subject to strict observance of physical distancing and limited duration. b. In situations where online interaction is challenging, disseminate information through digital platform (where available) like Facebook and WhatsApp & Chart groups. c. Ensure online registration of participants, distribution of consultation materials and share feedback electronically with participants.

- 54 - ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020 j) Gender Based violence and Sexual Harassment This impact is triggered during Project Construction Phase when the Contractor fails to comply with the following provisions;

• Gender Inclusivity requirements in hiring of workers and entire Project Management as required by Gender Policy 2011 and 2/3 gender rule. • Failure to protect Human Risk Areas Associated with, Disadvantaged Groups, Interfering with Participation Rights, and interfering with Labour Rights. Mitigation Measures of Human Rights and Gender Requirements

• Ensure clear human resources policy against sexual harassment that is aligned with national law • Integrate provisions related to sexual harassment in the employee COC • Ensure appointed human resources personnel to manage reports of sexual harassment according to policy • The Contractor shall require his employees, sub-contractors, sub-consultants, and any personnel thereof engaged in construction works to individually sign and comply with a Code of Conduct with specific provisions on protection from sexual exploitation and abuse • The contractor will implement provisions that ensure that gender-based violence at the community level is not triggered by the Project, including: ✓ effective and on-going community engagement and consultation, particularly with women and girls; ✓ review of specific project components that are known to heighten GBV risk at the community level, e.g. compensation schemes; employment schemes for women; etc. • The contractor shall develop specific plan for mitigating these known risks, e.g. sensitization around gender-equitable approaches to compensation and employment; etc • The contractor will ensure adequate referral mechanisms are in place if a case of GBV at the community level is reported related to project implementation. k) Sexual Exploitation and Abuse (SEA) This impact refers to sexual exploitation and abuse committed by Project staff against communities and represents a risk at all stages of the Project, especially when employees and community members are not clear about prohibitions against SEA in the Project. Mitigation Measures to Risk of SEA

• Develop and implement a SEA action plan with an Accountability and Response Framework as part of the C-ESMP. The SEA action plan will follow guidance on the World Bank’s Good Practice Note for Addressing Gender-based Violence in Investment Project Financing involving Major Civil Works (Sept 2018). • The SEA action plan will include how the project will ensure necessary steps are in place for: o Prevention of SEA: including COCs and ongoing sensitization of staff on responsibilities related to the COC and consequences of non-compliance; project-level IEC materials; o Response to SEA: including survivor-centered coordinated multi-sectoral referral and assistance to complainants according to standard operating procedures; staff reporting mechanisms; written procedures related to case oversight, investigation and disciplinary procedures at the project level, including confidential data management;

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o Engagement with the community: including development of confidential community-based complaints mechanisms discrete from the standard GRM; mainstreaming of PSEA awareness- raising in all community engagement activities; community-level IEC materials; regular community outreach to women and girls about social risks and their PSEA-related rights; o Management and Coordination: including integration of SEA in job descriptions, employments contracts, performance appraisal systems, etc.; development of contract policies related to SEA, including whistle blower protection and investigation and disciplinary procedures; training for all project management; management of coordination mechanism for case oversight, investigations and disciplinary procedures; supervision of dedicated PSEA focal points in the project and trained community liaison officers. l) Gender-based Violence (GBV) at the community level This impact refers to gender-based violence that women and girls may experience as a result of Project implementation. This includes, for example, an increase in intimate partner violence (IPV) when compensation schemes that share funds equally among husband and wife at the household level do not provide adequate sensitization and safety measures to reduce potential for increased tensions due to females receiving funds. This also refers to other GBV-related risks incurred as a result of water and sanitation projects that do not adequately consult women and adolescent girls in the community about safety and security issues related to the delivery of water and sanitation services. Mitigation Measures to Risk of GBV at the community level Develop and implement provisions that ensure that gender-based violence at the community level is not triggered by the Project, including: o effective and on-going community engagement and consultation, particularly with women and girls; o review of specific project components that are known to heighten GBV risk at the community level, e.g. compensation schemes; employment schemes for women; delivery of water supplies; etc. o Specific plan for mitigating these known risks, e.g. sensitization around gender-equitable approaches to compensation and employment; water services; etc o Ensure adequate referral mechanisms are in place if a case of GBV at the community level is reported related to project implementation. m) Dust pollution During excavation and transportation of the borrow material, there is bound to be emission of dust from the excavation sites and also from the vehicles transporting the borrow material. Similarly, the equipment for excavation can generate considerable noise which could negatively affect the construction workers or people living near the excavation sites. These impacts are considered to be negative, major and temporary. Mitigation measures have been considered. The site is located near to human settlements and will therefore have key receptors including the construction workers who will have the necessary PPEs such as dust masks.

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Mitigation Measures • The contractor to minimize the number of motorized vehicles in use • Workers on site to put on dust masks • Contractor to ensure observation of speed limits the road during transportation of construction materials • Contractor to ensure access roads and site is sprinkled with water to prevent dust emission. n) Noise and Vibrations Increased noise levels and vibrations will be experienced from the use of heavy construction equipment and vehicle transporting materials and offloading. The residents who are close to the site will be affected by the noise especially young ones and more those working on site.

Mitigation Measures • Noisy activities to be done during the day time and the contractor to acquire noise permits in case of blasting. • Movement of vehicles to and from the site should be done during the day and not at night to avoid disturbance through noise and vibrations. • Offloading of the metallic bars should be with minimal banging and slow placement on each other to avoid unnecessary noises. • Workers will have the necessary PPEs such ear plugs. • Machinery including the generators for welding shall be serviced and maintained in optimal working conditions to minimize the noise that will be generated o) Solid Waste Generation Not much of solid waste will be generated from construction waste which will be remnant from cement bags, plastic water bottles and some carrier bags. Domestic waste from the construction base camp could also lead to environmental pollution. It is expected that the contractor should ensure full compliance with EMCA (Waste Management Regulations) 2006 as well as the following measures: Mitigation Measures • Use of integrated solid waste management system through the following options: i) waste source reduction, ii) material reuse and recycling • Engage a licensed waste handler to regularly collect and dispose the wastes • Disposing waste more responsibly in appropriate designated dumping sites, • Using construction materials that have minimal or no packaging to avoid the generation of excessive packaging waste, and • Providing waste collection facilities within the site. p) Types of Waste to be generated Table 7.1 below indicates the types of waste to be generated during project implementation and proposed options for their management.

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Table 7.1: Types of waste to be generated

Type of Waste Proposed Waste Management Option

Used fuel filters • Accumulate safely and dispose-off through licensed hazardous waste handler

Empty plastic & metal • Issue out to staff for reuse containers • Issue out to the local community as part of Corporate Social Responsibility (CSR) contribution • Reuse within household e.g for fabricating solid waste containers • Return to the supplier

Used oil filters • Accumulate safely and dispose-off through licensed hazardous waste handler

Polythene papers • Accumulate safely and sell to licensed recyclers of polythene papers

Tree Stump • Minimise cutting of tree and limit just to necessary cases

Used oil • Accumulate safely and sell to licensed scrap metal dealers

Empty gunny bags • Issue out to the local community • Reuse within household • Return to supplier

Noise • Work during the day q) Unmet Expectations by the Project Unmet expectations could present risk to the sub project. Community and local stakeholders may have high expectations e.g. employment during construction, irrigating large areas which could breed discontent and resentment of the sub project. The proposed mitigation measure is; • The proponent through the local sub project committee, local stakeholders and administration to follow up on the vulnerable individuals and on emerging sensitivities • The proponent should be ready to clarify any concern/ issues by the beneficiaries through the established communication channels

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7.3.3 Impacts Prediction: Project Operations a. Increased downstream erosion In case of pan failure, there will be considerable erosion of valley bank due to increased velocity of the surface flow. Mitigation measure • Design and supervision of construction done to the standards by qualified personnel. b. Changes in water quality of the impounded reservoir The storage of water in a reservoir alters its quality in proportion to the storage period. Due to photosynthesis water at the surface of such reservoirs will naturally exhibit algal growth whereas water at the bottom of the reservoir will be silt-laden and anaerobic. Additionally, the enrichment of water stored in the reservoir with plant nutrients that can come from domestic and agricultural wastes and fertilizers and from decaying vegetation inundated by the reservoir can lead to the reservoir becoming eutrophic, a situation where the reservoir will have excessive aquatic weed growth. This will lead to: - • Impaired water quality. • Increase water loss via evapotranspiration • Provide favourable habitat for disease vector

Mitigation Measures

• Continuous use of the reservoir and regular distillation

• Promote good agricultural practices in the catchment area a) Increase in Waterborne and Related Diseases Standing water bodies such as reservoirs provide habitat for waterborne disease-causing organisms such as mosquitoes and snails. These are considered to be major and negative impacts especially when it is noted that malaria and water-related diseases are already the main ailments affecting the local community as pointed out in the socio-economic survey. In addition, a high concentration of livestock in the areas surrounding the earth dam could easily lead to increased or the introduction of disease vectors such as ticks or can lead to an increased in diseases. Once the water pan has been filled with water, it will attract insects such mosquitoes which the water pan will act as breeding grounds and arthropods such as snails. This would increase the chances of contracting waterborne diseases such as cholera. Mosquitoes will be responsible for the spread of malaria. This will lead to ill health problems among the residents and even increase the chances of child mortality rates in severe cases.

Mitigation Measures

• Ensure the houses are not constructed very near to water pan • The communities should be educated and made aware of such dangers, particularly of waterborne diseases to ensure they take preventive measures such as boiling drinking water or chemically treating the water;

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• Community members should also be encouraged to use preventive measures such as sleeping under treated mosquito nets; • Communities should be taught not to walk bare footed around the ponds, if presence of snails is spotted. • Farmers to spray their animals from time to time b) Accidents Since the water will be used on a daily basis either to water animal or supply of water for irrigation, then accidents such as children falling in water pan and livestock e.g. lambs, goats, calves, chicken among others is suspected to be experienced. Mitigation Measures

• Close off the water pan with live fence to keep livestock out • Provide livestock watering trough outside the fenced area. • Young and small animals such as claves, chicken, lambs and goats should not be taken close to water pan • Such waterbodies should be protected against direct access by fencing or planting trees around them which will help in avoiding contamination while at the same time minimise likely accidents; • Community awareness should be done, especially children not to play around ponds or use them as swimming pools. c) Ground Water Pollution and Water Contamination The polluted water pan might leak to ground water, hence compromising the ground water quality. The pollution of the pan can be through faecal waste, oil spillage, runoff in the upper side carrying pesticides, fertilize and many more.

Mitigation Measures

• The community should be trained on safe disposal of faecal waste • The ponds should be constructed in a manner to avoid direct runoff from the upper side of the ponds avoid contamination • The contractor should compact soil at the base of the pan line the pan with high density polyethylene (HDPE). In case the proponent does not meet the cost of lining the pan then the community members should be adequately trained on the importance of pan lining and on installation of the pan liners. • The contractor should avoid direct runoff from the upper side of the pan by digging bunds wall around the pan. d) Sedimentation Sedimentation is the accumulation of the foreign soil in the pan. The soil getting in the pan is because of heavy runoff carrying soil from the cultivated upper side of the pan. Mitigation Measures

• Avoid direct runoff from the upper side of the water pan

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• Changing land use practices on the upper side of the water pan • Avoid heavy tillage on the upper side and introduce minimum tillage. • Institute soil erosion control measures such as growing soil cover crops, terracing, grass stripping • Construct silt traps c. Outbreak of Livestock Diseases The coming together and mixing of livestock from different households will increase the chance for the spread and outbreak of livestock pest and diseases. Possible outcome of this if not well managed will be poor animal health, reduced livestock productivity and even livestock loss.

The proposed mitigation measure for this are; • Regular disease surveillance by the veterinary department and community • Monitoring of the livestock by the community/farmers • Sensitization of the community on disease spread, monitoring and control • A livestock disease management plan be put in place by the veterinary department to ensure disease incidences are promptly responded to and addressed d. Overgrazing and Loose Soils More livestock are expected to access the water at the water point. It's anticipated that during the waiting time the animals will be grazing and this could easily lead to overgrazing which will lead to loosening of the soils near the water pan making the area susceptible to all types of erosion.

Mitigation Measure • Fencing and controlled tree planting around the pan to mitigate against drastic catastrophes. e. Leadership Issues The sub project is set to be run by a management committee which will be charged to handle sub project resources especially in the operation phase. There is likelihood of leadership issues to emerge.

Mitigation Measures • There is need to train the committees on conflict management, integrity and financial management. f. Vulnerable Individuals / Groups and Social Inclusion There is a high chance of vulnerable individuals and marginalized groups to be left out in the implementation of the project

Mitigation Measures The proponent has put mechanisms for involving vulnerable groups in projects activities by ensuring equitable representation in the management committee. Furthermore, the water project ensures that water is accessed by all groups.

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7.3.4 Impacts Prediction: Decommissioning Phase Decommissioning means the restoration of the project area to its original status. This may necessitate due to change of policy measures or project reaching its end life. Short term decommissioning will not be possible since the project is not a start-up but rehabilitation of the existing project. The following negative measures may arise during this phase; a) Reduced Availability of Irrigation and Livestock Water to Users The termination of the project at the end-of-life will reduce the amount of water for livestock use and irrigation available to the established beneficiaries. Mitigation Measures • The community should seek an alternative source of livestock and irrigation water to the users of the project b) Soil Erosion and Siltation of Surface Water Resources The water pan collects runoff from the upper side hence reducing soil erosion to the lower side. When the project has been removed, it will cause heavy erosion and siltation on the lower end. Mitigation Measures

• Ensure that a well-directed runoff channels is constructed to nearby water body • Community awareness should be done by the proponent to the community living on the lower side of the pan. c) Air Quality Degradation/ Dust Emission Potential air quality degradation will occur as a result of vehicular and equipment emissions/ exhaust gases during decommissioning.

Mitigation Measures

• Evacuation vehicles will only use the designated transport routes. The drivers will also be advised to stick to prescribed speed limits • The contractor will ensure proper repair and maintenance of vehicles and equipment to minimize exhaust gases • Construction workers will be provided with dust masks. d) Generation of Liquid and solid wastes Decommissioning activities will generate various solid wastes ranging from earth material, wrappings, equipment oils and greases, waste asphalt concrete, human wastes to food wastes.

Mitigation Measures

• Provision of solid waste collection facilities (waste bins) • Contracting licensed solid waste handlers • Sensitization of construction workers on proper disposal of solid wastes • The contractor will maintain all site vehicles and equipment to a serviceable state.

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• Oils and greases emanating from repair and maintenance activities will be collected in containers to avoid entry into local drainage channels • Water from cleaning of equipment will be utilised within the project site and will not be discharged into water courses. e) Health and Safety Hazards Workers and the local community will be susceptible to health and safety hazards during the decommissioning phase of the project. Mitigation Measures

• Continuous supervision of occupational, health and safety management to ensure compliance • Occupational Safety and Health Training for contractor’s staff • PPEs, Toolbox sensitization on OHS f) Effect on Socio-Economic Activities During the decommissioning phase, any crops planted near the pan will be cleared to make way for decommissioning activities. Visits to the project area will have minimal trespassing by way of farmlands. This impact will therefore have minimal adverse effect to the local communities.

Mitigation Measures • Notification of local community members whose farms have trespassed on the reserve pending decommissioning activities g) Loss of Flora and Fauna There will be trees established near the ponds during the operational phase. Decommissioning activities will therefore have an impact on flora and fauna.

Mitigation Measures

• The proponent shall ensure minimal clearing of vegetation around the decommissioned project • Transportation of decommissioning wastes to be done through the existing local roads • Sensitization of decommissioning work-force on environmental conservation and ecological protection • Re-vegetation of cleared areas.

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CHAPTER 8: ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP)

8.1 Introduction

The purpose of the ESMP is to ensure that environmental and social impacts and risks identified during the ESIA are effectively managed during the construction, operation and decommissioning of the proposed project. The ESMP specifies the mitigation and management measures for each impact/ risk, party allocated responsibility, means of monitoring and frequency, objective verifiable indicators and an indicative budget. The ESMP also establishes a monitoring plan, capacity building plan and institutional arrangements to support its implementation. The ESMP should be availed to contractor who will be awarded the tender for construction by the proponent. The contractor should follow the ESMP as stated and submit a quarterly mitigation progress report to the proponent to ensure that the proposed mitigation is followed to the latter. The Tables below present the ESMP. This ESIA report and the ESMP will be provided and discussed with the selected Contractor. The ESIA and the ESMP will form part of the contract with the Contractor. The Contractor will be expected to translate the ESMP into Contractor-Specific ESMP.

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8.2 Environmental and Social Management Plan (ESMP)

Table 7.0.1: Environmental and Social Management Plan (ESMP) Potential Impact Mitigation/ Enhancement Responsibility Monitoring means Verifiable Indicators Estimated Measures / Frequency Costs (KShs.)

Construction Phase

Loss of Flora and • Cutting of trees should be done KCSAP and Routine • No. and type of 50,000 Fauna only where necessary. Contractor inspections vegetation cleared • The proponent shall ensure that • Size of area cleared clearing of vegetation clearing is limited to the pipeline trench area (i.e. 0.5 meters width) within the road reserve • Transportation of construction materials to be done through the existing local roads • Avoidance of vegetation clearing along riparian land • Sensitization of construction work-force on environmental conservation and ecological protection Water Seepage • Excavations should not go beyond Contractor During operational • High Water Retention No Cost 15m bgl which is considered the phase Capacity compact zone below which no further seepage /percolation is expected. Rock and soil layers above the compact zone may be weathered and permeable which will necessitate sufficient compaction to minimize seepage.

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Potential Impact Mitigation/ Enhancement Responsibility Monitoring means Verifiable Indicators Estimated Measures / Frequency Costs (KShs.)

• There is need to compact all the identified low resistivity areas to reduce the porosity of the subsurface to enhance water storage, especially at down-slope embankment. The major points to consider are the lineaments and the weathered zones during excavation • Construction materials for the embankment comprises of sandy loams which are permeable and have led to seepage losses as was observed on the pan. The embankments must there be compacted sufficiently to offer good structural integrity and minimize seepage. • Since it is not possible to eliminate seepage with the current embankment material, it is recommended that the pan be lined with a clay blanket up to the spillway level. • If clay soil is not available, then the pan may be lined with HDPE sheet. • Continual maintenance should be instituted for erosion control and any damage which may initiate seepage.

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Potential Impact Mitigation/ Enhancement Responsibility Monitoring means Verifiable Indicators Estimated Measures / Frequency Costs (KShs.)

Interference with the • Landscaping KCSAP Prior to project • No. of persons affected 150,000 physical setting • Reinstatement implementation • No. of properties • Removal of overburden destroyed • Minimize disturbance to the extent of the dam only

Noise pollution and • The Project Contractor to use the Contractor During • State of machines used 10,000 vibration best available practices on-site to construction • Type of machines used minimize occupational noise for compaction levels; Machines with minimal vibrations to be used • The Project Contractor to regularly inspect all construction equipment to ensure they are maintained in good working condition; • The Project Contractor to provide ear muffs for those working with noise producing equipment; • Combine noisy operations so that they occur at the same time. • Equipment Operators to wear PPEs to prevent direct noise from the machinery • Time restrictions for high vibrating machines (avoid working during the night for such machines)/ restricting blasting • The contractor should get noise permits from NEMA before the start of construction phase

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Potential Impact Mitigation/ Enhancement Responsibility Monitoring means Verifiable Indicators Estimated Measures / Frequency Costs (KShs.)

Influx of workers • Ensure preference is given to Contractor At least 70% of the • Staff registry reports - from other areas local residents for skilled and labourers are locals unskilled jobs where necessary.

Encroachment into • Ensure that no new houses are WRA Regular • Volume of water flow Proponent Cost the Catchment constructed near the water pan. Monitoring Environment • Ensure that the required amount of water abstracted is observed

Air Quality and Dust • Dust masks to be used to mitigate Contractor Regular • Records of speed limits 10,000 Emission against occupational health risks Monitoring signs erected of inhaling exhaust gases and dust • Records of machine and i. Gaseous Emission • Engine maintenance plans to vehicle service ii. Dust Emissions prevent leakages and adverse • Evidence of use of dust emissions; masks by workers on • Regular vehicle maintenance and site repair plan. • Decrease the travelling distance thus reducing emissions from vehicular traffic. • Construction vehicles will only use the designated transport routes and stick to prescribed speed limits to avoid dust • Proper repair and maintenance of vehicles and equipment to minimize exhaust gases

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Potential Impact Mitigation/ Enhancement Responsibility Monitoring means Verifiable Indicators Estimated Measures / Frequency Costs (KShs.)

Workers Accidents • MoA-KCSAP will be required to Contractor Regular • No of persons injured 20,000 and Hazards during commit the contractor to Site Monitoring • Type of injury Occupational Health and Safety experienced Construction rules and regulations as stipulated in the OHSA, 2007; • The Project Contractor will be required to provide appropriate personal protective equipment and a safe and healthy environment for construction workers; • There should be a crisis management team to administer First Aid to injured persons; • The Project Contractor should test and approve equipment before use; and • The Project Contractor should train workers on how to use various PPE and safe use of machines Generation of Liquid • Adequate measures taken on the Contractor Regular Inspection • Presence/ absence of 30,000 part of and Solid Waste spilled substance on land since it scattered solid wastes at the Contractors will affect the subsurface waters. sites cost • Minimal to no spillage should be • Availability of waste encouraged and if it is more, then receptors scooping and adequate dumping • No. of sensitization done. meetings held with • Faecal waste disposed by use of workers temporary latrines erected on the site.

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Potential Impact Mitigation/ Enhancement Responsibility Monitoring means Verifiable Indicators Estimated Measures / Frequency Costs (KShs.)

• Provision of solid waste collection facilities (waste bins) for the temporary storage of wastes prior to disposal at an appropriate and designated location. • Sensitization of construction workers on proper disposal of wastes. Increased Vehicular • Transportation of construction Contractor Regular • No. of accidents 5,000 and Human Traffic material to specific sites will be inspections involving project done through the existing local vehicles roads • Transportation control • The contractor will rehabilitate logs the local roads that will be • No. of road spots damaged during construction rehabilitated activities • No. of Community • Consultation with the local complaints communities on planned road • Complain feedback diversions if any mechanism • Restriction of Vehicular and Human Traffic to the road reserve where possible • Sensitization of drivers to comply with prescribed speed limits

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Potential Impact Mitigation/ Enhancement Responsibility Monitoring means Verifiable Indicators Estimated Measures / Frequency Costs (KShs.)

Socially unacceptable • Awareness creation for both MOA, KCSAP, Routine monitoring • Number of GBV, Drug 100,000 relationships between workers and community Contractor and and substance abuse construction workers • Establishment of a grievance Health and HIV/AIDS cases and community that address mechanism Department reported may lead to Gender • Code of conduct for employees based violence (GBV) making it clear that sexual and increase in Drug relations with underage children, Abuse and HIV/AIDS GBV and SEA are not allowed. transmission

Occupation Health • Continuous supervision of MOA, DOSH, Routine Inspection • HSE inspection reports 100,000 for and Safety occupational, health and safety KCSAP awareness management to ensure compliance • Occupational Safety and Health Contractor Throughout • Training reports 50,000 part of Training for contractor’s staff construction phase • Training attendance contractors cost sheets

• Conduct orientation talks and Contractor At employment of • Orientation report 5,000 visits new staff

• Conduct toolbox talks (safety Contractor On a daily basis • No. of toolbox talks 5,000 meetings) conducted Physical Cultural • Continuous inspection of Contractor Routine Inspection • Presence of 10,000 Resources archeological activities in the area archaeological findings Sub Total Cost for Construction Phase Kshs590,000

Operation Phase

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ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

Potential Impact Mitigation/ Enhancement Responsibility Monitoring means Verifiable Indicators Estimated Measures / Frequency Costs (KShs.)

Increase in • Training on efficient home-based KCSAP / On need basis • Number of stagnant 100,000 Waterborne Diseases irrigation system that is efficient waters pools in water use Farmers • Removal of any stagnant water • Community members should also be encouraged to use preventive measures such as sleeping under treated mosquito nets; • Use of gumboots in the irrigation field • Ensure new houses are not constructed very near to water pan • The communities should be educated and made aware of such dangers, particularly of waterborne diseases to ensure they take preventive measures such as not drinking water pan water Accidents • Ensure the homes are not Proponent During operation • No. of accidents 20,000 constructed very near to water pan entire reported • Such waterbodies should be protected against direct access by fencing or planting trees around them which will help in avoiding contamination while at the same time minimize likely accidents; • Community awareness should be • done, especially children not to play around ponds or use them as swimming pools.

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Potential Impact Mitigation/ Enhancement Responsibility Monitoring means Verifiable Indicators Estimated Measures / Frequency Costs (KShs.)

Poor water quality of • Continuous use of the reservoir MOA, KCSAP During operation • Change of water color/ 30,000 the impounded and regular distillation eutrophication reservoir • Promoting good agricultural • Sediment load practices in the catchment area Ground Water • The community should be trained WRA / Farmers During pan • Water quantity loss 20,000 Pollution and Water on safe disposal of faecal waste compaction and • Pan water pollution Contamination • The water pan should be operation • Direct runoff constructed in a manner to avoid experience direct runoff from the upper side of the pan avoid contamination • Soil compaction at the base of the pond line the ponds with high density polyethylene (HDPE). In case the proponent does not meet the cost of lining the water pan then the community members should be adequately trained on the importance of pan lining and on installation of the pan liners. • The contractor should avoid direct runoff from the upper side of the water pan by digging bunds wall around the pan. Water use conflicts • Farmers training on water use and WRA During water • Amount of water 50,000 develop by laws IWUA abstraction and use abstracted • Water abstraction laws followed Farmers • Number of farmers • Enforcement of water Act, 2016 farms • Irrigation frequency per farm

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Potential Impact Mitigation/ Enhancement Responsibility Monitoring means Verifiable Indicators Estimated Measures / Frequency Costs (KShs.)

• Reduced frequency of water related conflicts

Sedimentation • Avoid direct runoff from the Farmers All farming • Volume of pan water 100,000 upper side of the water pan operations, • Presence of sediments Silt trap cost is • Create awareness of proper land sediment load part of the use practices on the upper side of contract the water pan • Create awareness on effects of heavy tillage on the upper side and introduce minimum tillage. • Institute soil erosion control measures such as growing soil cover crops, terracing, grass stripping • Construct silt traps Pollution of Water • Machines such as tractors for KCSAP All farming • Number of machines Proponent’s ploughing used during operation Farmers operations e.g. tractors used cost maintained in good condition • Number of farmers • Oils and greases emanating from sensitized on the repair and maintenance activities proper use of will be collected in containers to pesticides and avoid entry into local drainage fertilizers channels • All polluted water treated before discharging to water bodies • Vehicles to fueled in approved petrol stations

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Potential Impact Mitigation/ Enhancement Responsibility Monitoring means Verifiable Indicators Estimated Measures / Frequency Costs (KShs.)

Soil erosion and • Farmers will be expected to KCSAP Farmers On a needs-basis • No. of wash points 20,000 Siltation of Surface implement improved land installed water resources management practices and soil • No. of silt traps and water conservation measures installed • Use excavated earth materials for • No. of surface drains backfilling constructed • Sprinkling of backfilled trenches with water • Number of people • Compaction of backfilled sensitized on soil and trenches water conservation • Re-vegetation of excavated areas • Channeling of surface water runoff away from irrigation channels and pipelines Health and Safety • Fence the water pan to avoid KCSAP On a needs-basis • No. of trainings on Fence part of Hazards drowning of livestock and even HSE conducted human beings especially children project 30,000 • No. of Prominently training • Train all workers on Health erected safety signage Safety and Environment (HSE) during R&M work including Covid19 safety • Availability of first-aid measures with an aim of kit during R&M work improving awareness • The proponent will erect appropriate safety signage during repair and maintenance activities • The proponent shall provide first- aid facilities for staff • Proponent’s staff and visitors will be required to use PPEs all the time Sub Total Cost for Operation Phase Kshs370,000

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ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

Potential Impact Mitigation/ Enhancement Responsibility Monitoring means Verifiable Indicators Estimated Measures / Frequency Costs (KShs.)

Decommissioning Phase

Reduced availability • MoA-KCSAP to prepare project MOA, KCSAP During and after • Customer complaints 100,000 of water to users beneficiaries for a transition • No. of alternative strategy when de-commissioning the decommissioning sources of water • Develop alternative water source sought strategies phase

Soil erosion and • Ensure that a well-directed runoff Contractor Regular Inspection • Presence/ absence of 500,000 Siltation of Surface channels is constructed to nearby stockpiled excavated water resources water body earth material (integrated in the works • Community awareness should be • No. of silt traps done by the proponent to the installed costs) downside users • No. of surface drains • Use excavated earth materials for constructed backfilling • Sprinkling of backfilled trenches with water • Compaction of backfilled trenches • Re-vegetation of excavated areas • Channeling of surface water runoff away from the pipeline route Air Quality • Evacuation vehicles will only use Contractor Regular • Records of water 50,000 Degradation/ Dust the designated transport routes. Monitoring sprinkling Emissions The drivers will also be advised to • Number of speed limit stick to prescribed speed limits signs erected • The contractor will ensure proper • Evidence of use of dust repair and maintenance of masks by workers on site

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ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

Potential Impact Mitigation/ Enhancement Responsibility Monitoring means Verifiable Indicators Estimated Measures / Frequency Costs (KShs.)

vehicles and equipment to minimize exhaust gases • The contractor shall ensure recommended speeds on road sections that will be used by construction vehicles are adhered to on a needs basis to reduce the creation of dusts • Construction workers will be provided with dust masks to mitigate Loss of Flora and • The proponent shall ensure KCSAP Routine • No. and type of 30,000 Fauna minimal clearing of vegetation Contractor inspections vegetation cleared • Transportation of • No. and type of decommissioning wastes to be indigenous species done through the existing local replanted roads • Size of area cleared • Sensitization of decommissioning work-force on environmental • Size of area re- conservation and ecological vegetated protection • Re-vegetation of cleared areas with indigenous vegetation species Increased Vehicular • Transportation of Contractor Routine • No. of accidents 5,000 and Human Traffic decommissioning wastes to inspections involving project specific sites will be done through vehicles the existing local roads • Transportation control • The contractor will rehabilitate logs the local roads that will be • No. of road spots rehabilitated

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ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

Potential Impact Mitigation/ Enhancement Responsibility Monitoring means Verifiable Indicators Estimated Measures / Frequency Costs (KShs.)

damaged during • Community decommissioning activities complaints • Consultation with the local communities on planned road diversions • Restriction of Vehicular and Human Traffic to the road reserve where possible Generation of solid • Provision of solid waste Contractor Throughout • Presence/ absence of 500,000 and liquid waste collection facilities (waste bins) decommissioning scattered solid wastes • Contracting licensed solid waste at sites phase handlers • Availability of waste • Sensitization of construction receptors workers on proper disposal of • No. of sensitization solid wastes meetings held with • Oils and greases emanating from workers repair and maintenance activities will be collected in containers to • Evidence of oil leaks avoid entry into local drainage and greases on site channels • Evidence of waste water flowing through local drainage channels Health and Safety • Continuous supervision of MOAI Routine Inspection • HSE inspection reports 30,000.00 occupational, health and safety management to ensure compliance through; • The proponent will appoint an approved reputable contractor who will be responsible in enforcing the requirements during

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ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

Potential Impact Mitigation/ Enhancement Responsibility Monitoring means Verifiable Indicators Estimated Measures / Frequency Costs (KShs.)

construction with supervision from the county project office. • The Public Health Office to sensitize on disease causing vectors and avail health care services; • The Project Contractor will provide clean drinking water and pit latrines on site; sensitization of the migrant workers on risky sexual behavior and provide condoms regular temperature screening of staff and visitors for Covid19, provision of hand washing facilities and other PPEs on site. • Occupational Safety and Health Contractor Throughout • Training reports 20,000.00 Training for contractor’s staff decommissioning • Training attendance phase sheets

• Orientation talks and visits Contractor At employment of • Orientation report 5,000 new staff

• Toolbox talks (Safety meetings) Contractor On a daily basis • No. of toolbox talks 5,000 conducted Spread of COVID19 • Adhere to the Public health act; MOAI and MOH Routine Inspection • HSE inspection reports Proponents cost 242 legal notice 54 of April 2020, • No. of handwashing on COVID 19 regulations points thorough provision of social • No. of workers with distancing and wearing PPEs. face masks

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ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

Potential Impact Mitigation/ Enhancement Responsibility Monitoring means Verifiable Indicators Estimated Measures / Frequency Costs (KShs.)

Sub Total Cost for Decommissioning Phases Kshs1,245,000

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ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

8.3 Self-Audit Monitoring Plan

8.3.1 Capacity Building Efficient self-audit monitoring will be done using competent capacities, wise management, environmentally and socially sound employees. The Contactor will be required to have qualified EHS Safety staff to oversee implementation of the ESMP. These staff will develop and oversee implementation of Contractor-Specific ESMP. The project employees will be environmentally aware of the project nature and impacts, so that they will develop their appreciation and thorough commitment to the ESMP requirements, complexity and integrity. Each responsible employee shall d be trained and motivated to appreciate and act according to the identified mitigation and monitoring measures. Such requirement shall be tackled in the pre-construction phase in order to have the employees acting as per the stated course of procedures and actions. During the construction phase, the employees’ acts and awareness level shall be monitored and developed. Adequate training of senior staff and orientation of project staff will be done as a cost-effective means to reduce negative impacts.

Table 7.0.2: Capacity Building Budget Activity Responsibility Monitoring Verifiable Amount (KShs) means / Indicators Frequency Capacity KCSAP Once Training reports 250,000 Building and manuals ESMP CCU and NPCU Monthly Monitoring 200,000 Monitoring reports Sub Total Cost for Capacity Building Budget Kshs450,000

KCSAP shall ensure the following in order to fulfil the awareness and training requirements: Training needs are identified; 1. Training requirements for each operational unit within the project are established; 2. Personnel are trained in their specific environmental responsibilities that are directly related to significant aspects, targets, and objectives of the ESMP; 3. Personnel that do not have a significant role, receive awareness training; 4. New-hires and re-assigned personnel are given appropriate training on the specific aspects of their new positions; and 5. Personnel are kept abreast of regulatory changes that impact their job performance;

Training will include communication on the following: a) Requirements of the ESMP and the importance of regulatory compliance with policy; b) Potential effects of the employee's work, both negative and positive; c) Responsibility in achieving compliance with policies, regulations and ESMP requirements.

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ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

8.3.2 Communication

Efficient communication shall be maintained at both external and internal levels. The overall advantage of this communication program will be to ensure that the anticipated adverse impacts and risks are effectively mitigated. The Environmental specialist shall effectively communicate and cooperate on continuous basis with the related authorities, WRA and IWUA in order to avoid or minimize possible disruptions.

Communicating internally and externally will be done effectively to ensure: Better understanding and appreciation of target groups to the proposed project conditions and benefits; No or minimum disruption by the project to other developed/under-development projects and vice versa; Minimum negative impacts and risks; and Community participation in helping and making choices to develop suitable and acceptable avoidance/mitigation measures.

8.3.3 Emergency Preparedness and Response

Emergency preparedness shall be given the priority during the ESMP implementation and operation, where all key procedures shall be reviewed for emergency preparation, including the occupational health and safety programs for the farmers and the workers. During the pre-construction phase, the Contractor will be required to document procedures for managing these potentialities and to train key personnel. He shall also ensure that adequate and correct emergency equipment are available where they should be. The prepared plan documents shall clearly identify implementation responsibilities.

The emergency management plan shall be reviewed and verified by the Environmentalist. The implementation of this plan shall also be monitored and evaluated.

Whenever environmental and/or social emergency situation is triggered during the construction phase, the Environmentalist shall directly inform the Contractor requesting him to respond according to the stated plan. After a drill or incidents occurrence, these processes shall be reported on, reviewed and modified by the Environmentalist. In this regard, the Environmentalist shall hold the responsibility of reviewing and verifying the Contractor reports and plan adaptations. The ESMP implementation and performance shall be monitored continually; performance, conformance and non-conformance audit should be applied on in order to adapt the plan by adopting effective corrections whenever needed. Environmental audit (Eco- Audit) shall be conducted on an annual basis. All records shall be stored in orderly and easily accessible manner, enabling individual items to be located easily and ensuring that the records are protected. The audit reports shall be reported in accordance to the stated reporting structure.

The selected auditors shall hold acceptable experience with relevant tasks and capable of undertaking such responsibilities, and should be accepted by the Ministry of Agriculture. For the purpose of this project, the audit will cover but not be limited to the following categories of issues influencing the planning and implementation of the project: 1. Environmental and technical issues; 2. Socio-economic issues; and 3. Gender, inclusivity and socio-cultural issues.

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ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

The corrective and preventive actions based on audit findings and their consequences will be monitored. The periodic audit findings will be summarized into an audit report and reviewed during the project review meeting by the county staff. As an exit strategy, the community will be trained on how to monitor and inspect the pan for failure and at the same time have an Emergency response plan and clear channels for communications with relevant authorities.

8.3.4 Review of the ESMP

County staff shall review the ESMP on a periodic basis as per a documented procedure to ensure its continued suitability and effectiveness. During the review, the staff shall effectively utilize all available information, including internal and external audit findings, environmental concerns, objectives, targets, non-conformance, and corrective and preventive actions in order to improve the ESMP implementation. The review results will be recorded and maintained and the resultant decisions and actions taken will be implemented by the concerned personnel. ESMP has been designed to ensure maximum environmental and social protection, better coordination and cooperation between the project stakeholders and minimum cost implications.

8.4 ESMP Reporting Structure Monitoring efforts will be in vain in the absence of an organized record keeping practice. It is the responsibility of the M&E specialist to ensure the development of a database that includes a systematic tabulation of process and performance indicators, maintenance schedules, compliance and process performance monitoring outcomes. The ESMP reporting structure is as shown in Table 8.1 as follows:

Table 7.3: The Proposed ESMP Reporting Structure REPORT REPORT TYPE FREQUENCY Progress Report Document the ESMP implementation Monthly, Quarterly & Annually. progress, limitations & difficulties based on regular monitoring. This includes checking & corrective actions. The progress report should also address the conducted public consultation sessions. Emergency The plan should document for emergency, Prior to construction phase Management Plan preparation, including the health & safety programs (for farmers and & project employee) for all key procedures reviewed, in addition to all necessary adequate & correct emergency equipment Self -Audit Reports ESMP Performance, Conformance & Non- Quarterly & Annually conformance Audit, this should also include checking & corrective actions Environmental and Evaluation Report of the Project Once upon completion of Social Management Environmental & Social Impacts. The Construction Evaluation evaluation should also document to all conducted management practices & to evaluate the effect of these practices

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ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

CHAPTER 9: CONCLUSIONS AND RECOMMENDATIONS

9.1 Conclusions

The rehabilitation of Ukunga Utune water pan project in Isinga Location will provide a number of positive impacts to the environment, social, health and also economic wellbeing through consultation and community awareness and discussion on the impacts at various levels of project implementation. However, the proposed project also poses some negative impacts that if not mitigated may result to adverse effects at the three levels of project implementation to the environment, social and economic wellbeing of the individual residing or benefiting from the project. The proposed project ESIA was carried out in line with the national and world Banks framework, as outlined in the Environmental Management and Co-ordination Act (1999), and the Environmental (Impact Assessment and Audit) Regulations (2003) revised in 2015 and World Banks safeguard policies. Mitigation measures for the potentially significant and/or adverse environmental and social impacts and safety risks have been provided as an integral part of this ESIA report. To enable the project to be implemented effectively, a number of specific mitigation measures have been proposed. The following are some of the conclusive remarks on the proposed project based on the impacts and assessment done. (i) The proposed project is highly welcomed by the community since the existing project has no well-designed water abstraction and livestock watering point. (ii) The community has embraced the project and is awaiting its construction. (iii) The EMSP has allocated the responsibility and costs to offset the negative impacts and enhance the positive impacts of the project on the social and environmental conditions of the project area.

9.2 Recommendations

The following are some of the recommendations for the avoidance of negative impacts and mitigation measures for the adverse environmental and social impacts from the proposed rehabilitation of Ukanga Utune Water Pan. i. This ESIA report and the ESMP to be provided and discussed with the selected Contractor. The ESIA and the ESMP will form part of the contract with the Contractor. The Contractor will be expected to translate the ESMP into Contractor-Specific ESMP. ii. A complete audit be undertaken and submitted to NEMA yearly after the project is commissioned to ensure that all the proposed mitigation measures have been complied with; iii. Water use and abstraction as well design should be done in line with the set standards and law; iv. The project coordinator to ensure that proper and timely communication on project activities is affected to guarantee project ownership. v. The proponent, construction consultant and the contractor should work together to ensure full implementation of the ESMP for proper enhancement and mitigation of impacts emanating from the project

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ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

In conclusion, the positive impact outweighs the negative impacts raised. Mitigation measures for the negative impacts have been given and, in the end, it is economically viable and therefore it should be allowed to proceed.

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ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

REFERENCES

GoK, Environmental Impact Assessment/Audit Regulations 2003 revised 2015, (Legal Notice No.101) Government Printer, Nairobi. GoK, Environmental Management and Coordination Act (EMCA, 1999) revised 2015, Government Printer, Nairobi. GoK, Factory and Other Places of Work Act, CAP 514. Government Printer, Nairobi. GoK, Forest Act (2005), Government Printer, Nairobi. GoK, Legal Notice 31: Factories and Other Work Places (Safety and health committees) Rules, 2004, Government Printer, Nairobi. GoK, Public Health Act, CAP 242, Government Printer, Nairobi. GoK, Water Act (2016), Government Printer, Nairobi. Joseph K. Nzomo (2020) Geological & Geophysical Investigations Report; Rehabilitation of Isinga Pan Machakos County (2017), Integrated Development Plan II (2018-2022) Ministry of Agriculture, Drought Resilience sustainable livelihood project (2017). Design report for design of Lmisiyoi concrete dam Machakos County. MoALF, (2019), Design Documents and Bill of Quantities for Construction of Ukanga Utune Earth Dam MoALF. (2017). Climate Risk Profile for Machakos County. Kenya County Climate Risk Profile Series. The Ministry of Agriculture, Livestock and Fisheries (MoALF), Nairobi, Kenya. World Bank, Environmental Assessment Sourcebook. Volume II. Sectoral Guidelines. Technical paper number 140. Environmental Department. The World Bank, Washington, D.C., 199.

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ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

ANNEXES

Annex 1: Sampled Household Questionnaire

Household Socio-Economic Questionnaire

Questionnaire No.

SECTION A INTRODUCTION Hello. My name is [ ]. I am working with the County Government of Machakos. We have been subcontracted by the Kenya Climate Smart Agriculture Project (KCSAP) to conduct and Environmental & Social Impact Assessment (ESIA) Study for the Proposed Ukanga Utune Water Pan in Kagundo, Machakos County. This study will help us obtain information that will be used to identify potential socioeconomic impacts of the proposed project.

Name of Respondent ______County _Machakos County______

Respondent Contact ______Sub-county ______

Respondent ID No. ______Ward ______

Date of Interview ______Location ______

Name of Interviewer ______Sub Location ______

Supervisor ______Village ______

(NOTE: This questionnaire shall be administered only to the household head or any other responsible adult person in the household at the time of the survey)

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SECTION B DEMOGRAPHIC DATA B1 B2 B3 B4 B5 B6 Sex of respondent How old are you What is your marital status? Do you have any If yes, What is the highest level of (yrs)? children under the age how many? education you 1. Male 1. < 18 yrs 1. Married (No. of Spouses) of 18 yrs? attained? 2. Female 2. 18 – 25 yrs 2. Widowed 3. 26 – 35 yrs 3. Divorced 1. Yes 1. Pre-primary 4. 36 – 45 yrs 4. Separated 2. No >>B6 2. Primary 5. 46 – 60yrs 5. Never Married 3. Secondary 6. Above 60 yrs (99) Others(Specify) 4. College 5. University 6. Never Attended (99) Others (Specify)

B7 B8 B9 How long does it take to get to the What type of house you dwell in? What materials have you used to build the house? nearest school? 1. Permanent 1. < 20 mins 2. Semi-Permanent Walls Roof 2. 21 – 40 mins 3. Temporary 1. Wood & mud 1. Mud 3. 41 – 60 mins 2. Stones & mud 2. Thatch 4. Over 1 hour 3. Stones & cement 3. Iron Sheet 4. Cement blocks 4. Tin 5. Wood poles 5. Poles 6. Bricks 6. Polythene (99) Others (Specify) 7. No roof (99) Others (Specify)

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SECTION C HEALTH AND VULNERABILITY C1 C2 C3 C4 C5 How long does it take to Do you have any memberwho of youris What is the nature of Has any member of your If yes, what is/was the get to the nearest health household disabled? disability? household been ill within the last member suffering centre? 1. Lame four months? from? 1. Malaria 1. Yes 2. Blind 2. Flu/Cough 1. < 20 mins 2. No 3. Deaf 1. Yes 3. Stomach disorders 2. 21 – 40 mins 4. Dumb 2. No 4. Diarrhoea 3. 41 – 60 mins 5. Crippled 5. Cholera 4. Over 1 hour 6. Crossed eyes 6. Headaches 99. Others 7. Chronic Illness 8. Other (Specify)

NB:-Chronic illnesses include Ulcers, Sickle Cells, Cancer, Diabetes, Asthma, High Blood Pressure, Tuberculosis, and HIV/AIDS. SECTION D WATER & SANITATION D1 D2 D3 D4 What is your main source of water How long does it take to get to the How do you ensure water for household Do you have a toilet within your for domestic use? nearest water source from your use is safe? compound? 1. Water pans homestead? 1. Boiling 1. Yes 2. Boreholes 1. < 20 mins 2. Filtering 2. No>>>D6 3. River/Stream 2. 21 – 40 mins 3. Decanting 4. Shallow Well 3. 41 – 60 mins 4. Use of Chemicals 5. Piped water supply 4. Over 1 hour 99. Others 6. Dam 7. Water Kiosks (99) Other(Specify)

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D5 D6

If Yes in D4 above, what type is it? If No how do you dispose of human waste? 1. VIP latrine 1. Neighbours Toilet 2. Simple latrine 2. Bush 3. Flush toilet 3. Burying within compound 99. Others 99 Others

SECTION E INCOME & LIVELIHOOD E1 E2 E3 E4 Do you own any land? If Yes, what is the size? What is your main source of income? Name any other income generating 1. Communal 1. Crop Farming activities practiced. 2. Yes 1. < 1 acre 2. Livestock keeping 3. No>>>>E3 2. 1 - 2.5 acres 3. Bee Keeping 3. 2.6 – 4 acres 4. Poultry Farming 4. 4.1 – 5 acres 5. Formal Employment 5. Above 5 acres 6. Charcoal production 7. Trading/Businessman (Specify)

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F: ASSETS- LAND OWNERSHIP

F1 F2 F3 F4 F5 F6 How do you use What non-farm If affected, can you To the best of your Explain the existing Do you or any of the your land? activities do you relocate within your plot knowledge, does this caveats or dispute affected families on 1. Crop Farming conduct on your land? (if settlement land) or land have any caveats this plot have other 2. Livestock 1. Quarry outside the project area or under any form of land holding nearby Keeping 2. Mining (If trust land)? dispute? or elsewhere? 3. Sanctuary 3. Other (Specify) 1. Yes 1. Yes>>F11 1. Yes>>F14 4. Other Uses 2. No 2. No >>F12 2. No>>G1 (specify)

F7 F8 F9 F10 If yes, where? Estimated total size (Acres) Land Type Nature occupancy 1. Settlement 1. Land owner 2. Trust 2. Tenant 3. Co-owner 4. Co-tenant 5. Licensee 6. Renter 7. Squatter

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ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

SECTION G: ASSETS- STRUCTURES G1 G2 G3 Which of your structures is affected? How did you acquire this property? Nature of the affected structure 1. None 1. Buying 2. Main House 2. Constructed 1. Permanent 3. Kitchen 3. Inherited 2. Semi-permanent 4. Latrine 4. Gift 3. Temporary 5. Dish Rack 5. Rented 6. Fence 6. Other (Specify) 7. Granary/Store 8. Business premise 9. Tank 10. Well 11. Others (Specify)

Structure Affected How It Was Acquired Nature

SECTION H: ASSETS- TREES AND CROPS

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ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

H1 H2 H3 H4 Which of your plants are affected? Which of your trees are What is the Number, Type and Size of your affected Why do you own these trees? affected? trees? 1. Source of Income 1. Trees>>H2 2. Prestige 2. Crops>>H5 1. Exotic Number Type Size 3. Environmental 3. Others (Specify) 2. Indigenous (S, M, L) Conservation 3. Both Exotic and 4. All the above

Indigenous 5. Others (Specify) 4. Fruit 5. Others (Specify)

N/B: Size of Trees is either Small (S), Medium (M) or Large (L)

H5 H6 H7 What kinds of your Crops are affected? What is the Number, Type and Size of your affected Crops? Why do you own these Crops? 1. Source of Income 1. Food crops 2. Source of food 2. Pasture Number Type Size (Area) 3. Animal feeds 3. Cash crop 4. All the above 4. Others (Specify) 5. Others (Specify)

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ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

H9 Which are the common types of tree species within the area? Kindly tick those affected within the project within your area.

Local Name Scientific Name Affected (Tick the affected)

SECTION I: SOCIAL STRUCTURES I1 I2 Which of these Public facilities are you closest to? Distance to public facility?

1. Primary School 1. < 500m 2. Secondary School 2. 501m to 1 km 3. Health Centre 3. 1-2 km 4. 2-3 km 4. Road 5. 3-5 km 5. Water Source/Point 6. More than 5 km 6. Historical Sites 7. Others (Specify)

Public Facility Distance

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ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

SECTION J:

Comments: …………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………

THE END

THANK YOU FOR YOUR TIME

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ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020

Annex 2: Minutes of Meeting Held at Ukanga Utune – Isinga Village on the 18th February, 2020 from 11:30 am – 2:00 pm

Agenda 1. Opening remarks 2. Team & Project Introduction 3. Concerns, comments and questions from community members 4. AOB

Min 01/2/2019: Opening Remarks The meeting was called to order by madam Diana N. Komo at 11:30 am and was opened by a word of prayer by one of the villagers. Mrs. Diana later introduced the Village Administrator, the veterinary officer, Livestock officer, the Ukunga Utune Community chairman and madam Regina W. Home the Agricultural Sub County Officer for Kangundo Sub County. The latter then gave brief introductory comments and later handed the meeting to Mr. Diana who then introduced the consultants. The figure below shows a section of members of public who were in attendance.

Figure A1: A Public Participation Baraza Chaired by NEMA Lead Experts in Isinga Village

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Figure A2: Madam Diana leading a consultative forum in Isinga Village

Min 02/2/2019: Team & Project Introduction

The Lead Expert Mr. Omari introduced the project and the ESIA study of the proposed rehabilitation of the Ukanga Utune Water Pan to the members elaborating its objectives and the role of communities and leaders in the project.

The legal requirement that development projects are subject to Environmental and Social Impact Assessment was outlined sighting different examples for classes of projects with low, medium and high risks. The consultant explained that the proposed project would have both positive and negative impacts on the surroundings and on the community and welcomed them to voice their concerns, comments and questions.

Min 03/2/2019: Concerns, comments and questions from the community members

Project Awareness The consultant explained to the community where the proposed project area stood but it was evident that almost all the residents were familiar with where the proposed pan would be put up. After elaboration from the consultant, it was certain that all the members understood what the project was all about. Anticipated project benefits

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The consultant later asked the community to give their positive expectations about the new rehabilitated project. The community appreciated that the project would boost the level of development in the area (improved roads) and provides employment opportunities. The main impact that the community were also aware of is that of the availability and accessibility of water. All residents were happy about this new development and promised full support to the project. The positive impacts as discussed during the project meeting included;

1. The project would boost water availability within the location which was currently deteriorating. 2. Possibility of revamping the Ukanga Utune Coffee factory 3. Project would ensure regular supply of water to the crops for farming 4. Transform the economy of the area by changing the available resources i.e.it would be possible to set up a greenhouse structure 5. Accessibility of water at the pan would reduce the distance travelled to far places in search of water 6. The local residents would benefit from cheap labour from unskilled jobs during the project construction phase. Employment of youths, women and the elderly either directly or indirectly to the project 7. The availability of water would boost food production through irrigation and other farming practices. 8. Plenty of water would improve health and sanitation 9. The project would also boost fish production within the area 10. The cost of land would generally go up as peoples’ lifestyle would improve through availability of water. More people will therefore invest and buy more land in the area. 11. The proponent will also engage the residents in tree planting activity as a way of compensation for lost trees during the pan construction process. 12. The availability of more food / produce as a result of irrigation will make the prices reduce hence making food more affordable.

Anticipated negative impacts Noise resulting from construction of the water pan would result into Environmental pollution. Moreover, diseases and injuries would be caused by dusts and flying rock fragments emanating from the project sites during construction. Excavation activities would cause open pits that pose a safety hazard especially at night. Some of the key negative issues and their mitigations discussed included; 1) Spread of disease in likely to occur at drinking locations if animals are not properly managed. Proper spacing should therefore be allowed at drinking locations to mitigate against spread of diseases. 2) Catchment erosion and siltation of the dam. Increased human activities along the dam banks would also result in siltation. Human activities and rain increase siltation in water reservoirs. The Proponent should/ would; • Plants trees around the dam • Sensitize farmers and reducing farming activities around the dam • Use appropriate methods of ploughing around the dam • Train residents on soil erosion control and agroforestry

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3) Possibility of adults and children and animals drowning in the dam would arise. Proper vigilance was therefore encouraged after completion of the project. The residents also proposed a proper fence be put up to prevent such menace. Cattle should drink from specified water points. All water points would be put up at a raised location to reduce drowning. 4) Stagnating water are courses of mosquitos breeding and arises other water borne diseases. The residents were encouraged to buy mosquito nets after the project has been put up. Fish breeding would also reduce the spread of malaria (fish feed on mosquito lava). 5) During the project implementation and construction phase, theft would arise as is a common phenomenon in many similar projects in Kenya. A proper fence was proposed to curb the issue. The residents should report to the resident engineer in case of any short comings. 6) Dams pose risks over certain period if not properly managed. Design proper spillway and offer strict supervision on site to ensure compliance. The contactor should also ensure gabions and silt dams are properly designed. 7) In case rock blasting is deemed necessary,  A current and valid authorization from the Department of Mines prior to any blasting activity shall be obtained;  A qualified and registered blaster by the Department of Mines and Geology shall supervise all blasting and rock-splitting operations at all times.  The Contractor/KCSAP shall ensure that appropriate pre blast monitoring records are in place (i.e. photographic and inspection records of structures in close proximity to the blast area);  The Proponent and the Contractors shall ensure that emergency services are notified, in writing, a minimum of 24 hours prior to any blasting activities commencing on Site;  The Proponent and the Contractor shall take necessary precautions to prevent damage to special features and the general environment, which includes the removal of fly-rock 8) Possibility of accidents at site during construction. Safety gear should be provided to the community members who will be employed on site to minimize the occurrence of injury incidences. A mobile clinic should be set-up at the project sites to treat medical emergencies and injuries immediately. 9) Loss of vegetation: Civil works conducted under the proposed project will lead to loss of vegetation. This will lead to loss of nesting grounds for avifauna, bees and dry season fodder for pastoralists and dairy farmers. The community requested the proponent and contractor to consider replanting de-graded areas with indigenous trees when the project is completed. 10) HIV spread from newcomers. Influx workers from various locations including foreign workers to the project area may encourage spread of sexually transmitted diseases. The proponent should ensure proper sensitization to prevent diseases such as HIV/AIDs

Min 04/2/2019: A.O.B

There being no other business the meeting ended at 2:00 pm.

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Annex 3: Attendance List During Public Participation

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Annex 4: Stakeholders S/No. Name Office/ Department Represented Contact 1 Regina W. Home Kangundo Sub County Agric Officer 0722827065 2 Jones M. Mwaka Water Officer Machakos 07144330988 3 Nzomo J.K Ministry of Water and Irrigation 0716220801 4 Margaret Kameme K.D.O Central 0715193053 5 Mbithe Kioko K.D.O Central 0710459868 6 Catherine Mutua K.D.O Central 0712230788 7 Matilda Muia Ministry of Agriculture 0795370427 8 Teresia Muasya K.D.O Central 0723339748 9 Luice M. Mutuku Village Administrator 0713935533 10 Francis Kiilu Ministry of Agriculture 0720085954 11 Diana N. Komo KCSAP Machakos 0721533125

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Annex 5: Land Search

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Annex 6: Water Resource Authority Permit Application Receipt.

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Annex 7: Project Design Layout a. General Design Project Layout

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ESIA Project Report of the Proposed Ukanga Utune Water Pan August, 2020 b. Pan Elevation Layout

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c. Pan Contours

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Annex 8: Expert’s Practising License

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Annex 9: World Bank Screening Checklist

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Annex 10: Pest Management Plan

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