EIA for the proposed rehabilitation of Kakamega-Webuye road project.
ENVIRONMENTAL IMPACT Public Disclosure Authorized ASSESSMENTSTUDY REPORT FOR THE PROPOSED REHABILITATION OF THE KAKAMEGA-WEBUYE ROAD
Public Disclosure Authorized
Public Disclosure Authorized
February 2011
Submitted By: Submitted to: Environmental Department Kenya National Highway Authority Otieno Odongo & Partners P.O Box 49712-00100 Consulting Engineers Blue Shield towers,Upper Hill P.O. Box 54021-00200, Nairobi Nairobi, Kenya Public Disclosure Authorized Fax 254 020 3870103 Email:[email protected]
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Document Authentication
This report is prepared for and on behalf of:
Kenya National Highway Authority P.O. Box 49712-00100 Nairobi
Signed by……………………………………………………
Position………………………………………………………….
Signature…………………………………………………………...
Date……………………………………………………………..
Otieno Odongo & Partners Consulting Engineers a registered firm of experts by the National Environment Management Authority (Lincense No. 1596), confirm that the contents of this report are a true representation of the Environmental Impact Assessment of the proposed rehabilitation of the Kakamega-Webuye Road.
Signed by the Firm of Expert:
Name: Otieno Odongo & Patners Consulting Engineers.
Signature: ………………………………………………………..
Date: ……………………………………………..……………
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TABLE OF CONTENTS
LIST OF ABBREVIATIONS ______VII LIST OF TABLES FOUND IN THE REPORT ______IX APPENDIX ______IX EXECUTIVE SUMMARY ______1 CHAPTER 1 INTRODUCTION ______10
1.1. BACKGROUND AND RATIONALE FOR AN ENVIRONMENTAL IMPACT ASSESSMENT _ 10 1.2 PROJECT DESCRIPTION. ______11 1.3 STUDY OBJECTIVE AND SCOPE ______11 1.3.1 Project objective. ______11 1.3.2 Justifiaction ______12 1.4 STUDY APPROACH AND METHODOLOGY ______12 1.4.1 Overview ______12 1.4.2 Site Walk Assessment Survey ______13 1.4.3 Consultative Forums ______14 1.5 SCOPE AND CONTENT OF PROJECT ______14 1.6 PROJECT COST. ______15 1.7 DUTIES OF THE PROPONENT ______16 1.8 DUTIES OF THE CONTRACTOR ______16 CHAPTER 2: POLICY, LEGAL AND INSTITUTION FRAMEWORK ______20 2.1 NATIONAL LEGAL AND INSTITUTION FRAMEWORK ______20 2.1.1 Environmental management and coordination Act No 8 of 1999 ______20 2.1.2 Environmental (Impact Assessment and Audit) Regulations, 2003:- ______21 2.1.3 EMCA(Waste Management) Regulations, 2006:- ______21 2.1.4 EMCA(Water Quality) Regulations, 2006:- ______22 2.1.5 EMCA(Controlled Substances) Regulations, 2007:- ______23 2.1.6 EMCA(Noise and Vibration Control) Regulation, 2009:- ______23 2.1.7 EMCA(Wetlands, River Banks, Lake Shores and Sea Shore Management) Regulations, 2009:- ______24 2.1.8 EMCA (Conservation of Biological Diversity and Resources, Access To Genetic Resources and Benefit Sharing) Regulations, 2006:- ______24 2.1.9 EMCA(Fossil Fuel Emission Control) Regulations, 2006:- ______25 2.1.10 Way Leave Act (Cap 292) ______25 2.1.11 Land Acquisition Act (Cap. 295) ______25 2.1.12 Public Health Act Cap 232 ______26 2.1.13 Public Roads and Roads of Access Act (Cap. 399) ______26 2.1.14 Factory and Other Places of Work Act (CAP 514) ______27 2.1.15 Physical planning act, 1999 ______27 2.1. 16 Land Adjudication Act Chapter 95 ______27 2.1. 17 Water Act 2002 ______28 2.1.18 Local Government Act Chapter 265 ______28 2.1.19 Work Injury compensation Benefit Act 2007 ______28 2.1.20 Traffic Act Chapter 403 ______28 2.1.21 Use of Poisonous Substances Act Cap 247 ______29 2.1.22 Forest Act Cap 385 ______29 2.1.23 The Malaria Prevention Act (CAP 246) ______30 2.1.24 The Penal Code (CAP 63) ______30 2.1.25 The Standards Act Cap 496 ______30 2.1.26 THE WILDLIFE CONSERVATION AND MANAGEMENT ACT, CAP 376 ______30 2.1.27 The Occupation Safety and Health Act, 2007 ______31
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2.2. NATIONAL ADMINISTRATIVE FRAMEWORK ______31 2.2.1 The National Environment Council ______31 2.2.2 The National Environment Management Authority ______31 2.2.3 The Standards and Enforcement Review Committee ______32 2.2.4 The Provincial and District Environment Committees ______32 2.3 NATIONAL POLICY FRAMEWORK ______32 2.3.1 The National Poverty Eradication Plan (NPEP) ______32 2.3.2 The Poverty Reduction Strategy Paper (PRSP) ______33 2.3.3 National Environmental Action Plan (NEAP) ______33 2.3.4 Environmental and Development Policy (Sessional Paper No.6 1999) ______34 2.4 INTERNATIONAL POLICY FRAMEWORK ______34 2.4.1 Protection of Natural Resources ______34 2.4.1.1 United Nations Convention to Combat Desertification (UNFCCC) of 1994:- ______34 2.5 DEVELOPMENT PARTNERS REGULATIONS ON ENVIRONMENTAL AND SOCIAL MANAGEMENT ______38 2.5.1 World Bank Operational Policy 4.01-Environmental Assessment ______38 2.5.2 Bank Operational Policy 4.04-Natural Habitats ______39 2.5.3 Bank Operational Policy 4.36-Forests ______40 2.5.4 Bank Operational Policy 4.09-Pest Management ______40 2.5.5 Bank Operational Policy 4.11-Physical Cultural Resources ______40 2.5.6 Bank Operational Policy 4.12-Involuntary Resettlement ______41 2.5.7 Bank Operational Policy 4.10-Indigenous People ______41 2.5.8 World Bank Operational Policy BP 17.50- Public Disclosure ______42 2.4 INSTITUTIONALISATION ENVIRONMENTAL MANAGEMENT ______42 CHAPTER 3: DESCRIPTION OF THE PROJECT ______44 3.1. CURRENT STATE OF THE ROAD AND IT’S ENVIRONMENT ______44 3.2.5 Material Sources ______45 3.2.6 Available Infrastructure ______47 3.2.7 Security 47 3.2.8 Road Furniture ______47 3.3 PROJECT DESCRIPTION ______48 3.4 DESCRIPTION OF THE PROJECT’S CONSTRUCTION ACTIVITIES ______49 3.4.1 Pre-construction Investigations ______49 3.4.2. Sourcing and Transportation of Building Materials ______49 3.4.3 Storage of Materials ______50 3.4.4 Excavation and Foundation Works ______50 3.4.5. Masonry, Concrete Work and Related Activities ______50 3.4.6. Sitting and development of camp site ______50 3.4.7 Drilling of Borehole ______50 3.4.8 Landscaping ______51 3.5. DESCRIPTION OF THE PROJECT’S OPERATIONAL ACTIVITIES ______51 3.5.1 Occupancy ______51 3.5.2 Solid Waste and Waste Water Management ______51 3.5.3 Cleaning ______51 3.5.4 General Repairs and Maintenance ______52 3.6 DESCRIPTION OF THE PROJECT’S DECOMMISSIONING ACTIVITIES ______52 3.6.1 Demolition Works ______52 3.6.2 Dismantling of Equipment and Fixtures ______52 3.6.3 Site Restoration ______52 3.6.4 Construction Materials and Energy Used ______53 3.6.5 Solid Waste Generated ______53 3.6.6 Liquid Effluents Generated by the Project ______53 3.7 ANALYSIS OF PROJECT ALTERNATIVES ______53 3.7.1 No Project Alternative ______53
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3.7.2 Analysis of Alternative Construction Materials and Technology ______54 3.7.3 Solid waste management alternatives ______55 CHAPTER 4: PUBLIC PARTICIPATION. ______56 4.1 LEGAL REQUIREMENT ______56 4.2 OBJECTIVES OF PUBLIC CONSULTATIONS ______56 4.3 METHODOLOGY AND DATA COLLECTION ______56 4.3. DEDUCTION ON INFORMATION GATHERED DURING PUBLIC PARTICIPATION ______59 CHAPTER 5 BASELINE INFORMATION OF THE STUDY AREA ______61
5.1 INTRODUCTION ______61 5.2 LUGARI DISTRICT ______61 5.2.1 Geographical Location and Size ______61 5.2.2 Topography and Climate ______61 5.2.3 Population Size and Distribution ______62 5.2.4 Gender Inequalities ______62 5.2.5 Economic Activities and Employment ______62 5.2.6 Social Services and Community Facilities ______63 5.3 KAKAMEGA DISTRICT ______63 5.3.1 Geographical Location and Size ______63 5.3.2 Topography and Climate ______63 5.3.3 Population Size and Distribution ______64 5.3.4 Gender Inequalities ______64 5.3.5 Economic Activities and Employment ______64 5.3.6 Land Use and Tenure ______65 5.3.7 Social Services and Community Facilities ______65 5.3.8 Existing infrastructure Facilities ______65 CHAPTER 6: POTENTIAL ENVIRONMENTAL IMPACTS ______67
6.1 INTRODUCTION ______67 6.2 ANALYSIS OF ANTICIPATED IMPACTS NEGATIVE ENVIRONMENTAL IMPACTS OF CONSTRUCTION ACTIVITIES ______68 6.2.1 Extraction and Use of Materials ______68 6.2.2 Dust Emissions ______69 6.2.3 Exhaust Emissions ______69 6.2.4 Noise and Vibration ______69 6.2.5 Risks of Accidents and Injuries to Workers ______69 6.2.6 Clearance of Vegetation ______70 6.2.7 Increased Soil Erosion ______70 6.2.8 Waste Generation ______70 6.2.9 Energy Consumption ______71 6.2.10 Contamination of environment ______71 6.2.11 Increased demand of sanitary facilities ______71 6.2.12 Repairs and maintenance of vehicles and machinery ______72 6.2.13 Water Use ______72 6.2.14 Interference with business and daily activites during demolition ______72 6.2.15 Interference with with Wildlife ______72 6.3 POSITIVE ENVIRONMENTAL IMPACTS OF CONSTRUCTION ACTIVITIES ______72 6.3.1 Increased Security in the area ______72 6.3.2 Creation of Employment Opportunities ______73 6.3.3 Provision of Market for Supply of Materials ______73 6.3.4 Reduce costs of Road Maintenance ______73 6.3.5 Improved Drainage and Road Safety ______73 6.3.6 Increased Business Opportunities ______73
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6.4 NEGATIVE ENVIRONMENTAL IMPACTS OF OPERATIONAL AND MAINTENANCE ACTIVITIES ______74 6.4.1 Immigration of workers ______74 6.4.2 Solid Waste Generation ______75 6.4.3 Increased Storm Water Flow ______75 6.4.4 Increased Demand for Sanitation ______75 6.4.5 Energy Consumption ______75 6.4.6 Water Use ______76 6.4.7 Increased informal settlement ______76 6.4.8 Increased pressure in the area ______76 6.4.9 Increased accidents and death of animals ______77 6.4.10 Interference with Traffic Flow ______77 6.5 POSITIVE ENVIRONMENTAL IMPACTS OF OPERATIONAL ACTIVITIES ______77 6.5.1 Provision of markets to local goods ______77 6.5.2 Revenue to National and Local Governments ______77 6.5.3 Reduction in poverty ______77 6.5.4 Improved Security ______77 6.6 NEGATIVE ENVIRONMENTAL IMPACTS OF DECOMMISSIONING ACTIVITIES ______78 6.6.1 Solid Waste ______78 6.6.2 Dust ______78 6.6.3 Interference with road users ______78 6.6.4 Noise and Vibration ______78 6.6.5 Increased waste water ______78 6.7 POSITIVE ENVIRONMENTAL IMPACTS OF DECOMMISSIONING ACTIVITIES ______79 6.7.1 Rehabilitation ______79 6.7.2 Employment Opportunities ______79 CHAPTER 7: IMPACTS MITIGATION AND MONITORING ______85 7.1 INTRODUCTION ______85 7.2. MITIGATION OF CONSTRUCTION PHASE IMPACTS ______85 7.2.1. Efficient sourcing and Use of Raw Materials ______85 7.2.2. Minimization of Vegetation Disturbance ______86 7.2.3. Minimization of Run-off and Soil Erosion ______86 7.2.4. Minimization of Construction Waste ______86 7.2.5. Reduction of Dust Generation and Emission ______87 7.2.6. Minimization of Exhaust Emissions ______88 7.2.7. Minimization of Noise and Vibration ______88 7.2.8. Occupational Health and Safety ______89 7.2.9. Reduction of Energy Consumption ______89 7.2.10. Minimization of Water Use and pollution of water causes ______89 7.2.11. Provision of Sanitary Facilities ______90 7.2.12. Development of the Garages and Waste Oil Handling facilities ______90 7.2.13. Rehabilitating and Mending up activates ______90 7.2.14. Waste Water and Efflent Management______90 7.2.15. Minimisation of forest biodiversity disturbance and vehicle-animal collision and ______90 7.2.16. Minimisation of accidents along the road ______91 7.2.17. Continuous Monitoring and Consultation ______91 7.3. MITIGATION OF OPERATION PHASE IMPACTS ______91 7.3.1. Social Impact ______91 7.3.2. Ensuring Efficient Solid Waste Management ______92 7.3.3. Minimization of Sewage Release ______92 7.3.4. Ensure Efficient Energy Consumption ______92 7.3.5. Ensure Efficient Water Use ______93 7.3.6. Environmental Pollution and Contamination ______93 7.3.7. Health and Safety ______94
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7.3.8. Social and Economic Impacts ______94 7.3.9. Road Drainage ______94 7.4. MITIGATION OF DECOMMISSIONING PHASE IMPACTS ______94 7.4.1. Efficient Solid Waste Management ______94 7.4.2. Reduction of Dust Concentration ______95 7.4.3. Minimization of Noise and Vibration ______95 CHAPTER 8: ENVIRONMENTAL MANAGEMENT/MONITORING PLAN ______96
8.1 INTRODUCTION ______96 8.2 CONSTRUCTION AND OPERATIONAL PHASE EMP ______96 8.3 OPERATIONAL PHASE EMP ______121 8.4. DECOMMISSIONING PHASE ______127 CHAPTER 9: CAPACITY BUILDING ______129
9.1 CAPACITY BUILDING AND TRAINING ______129 9.2 MONITORING GUIDELINES ______129 9.3 REPORTING ______132 9.4 CONCLUSION AND RECOMMENDATIONS ______132 REFERENCES ______134
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LIST OF ABBREVIATIONS
A1 Road Number ASL Above Sea Level BP Bank Procedure CBD Central Business District CBO Community Based Organisations CCD Convention of Control of Desertification CITES Convention on International Trade in Endangered Species (CITES) CTC Child To Child D.C District Commissioner DEO District Environment Officer DRE District Roads Engineer EHS Environmental Health and Safety EHSO Environmental Health and Safety Officer EIA Environmental Impact Assessment ES&IA Environmental Social and Impact Assessment EMC Environmental Management and Co-ordination EMCA Environmental Management and Co-ordination Act EMMP Environmental Management & Monitoring Plan EO Environment Officer HIV/AIDS Human Immunodefficiency Virus/Acquired Immune Deficiency Syndrome. IBA Important Bird Areas IP Indigenous People KENHA Kenya National Highway Authority. KIWASCO Kisumu Water & Sewerage Company. KFS Kenya Forest Service KMC Kenya Meat Commision KWFT Kenya Women LN Legal Notice MOH Ministry of Health
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NEMA National Environment Management Authority NGO Non Governmental Organisations NMP Non Motourists Practice OHS Occupational Health and Safety OP Operation Policy PAP Project Affected Persons PC Public Consultation. PCR Physical Cultural Resources PD Public Disclosure PPC&E Protective Personal Clothing & Equipments. RE Resident Engineer SEA Strategic Environmental Assessment STI Sexually Transmitted Infections TOR Terms of Reference VCT Voluntary Counseling Testing WB World Bank WHO World Health Organization
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LIST OF TABLES FOUND IN THE REPORT
Table number Content of table 1 Environmental management plan 3.2.2 Kakamega-Webuye section 3.3 Proposed alignment for the Road 4.3 A list indicating the meetings held during the site visit. 5.2.2 Administarative units of Lugari District 5.2.3 Population size and distribution of Lugari District. 6.1 Environmental impact levels and mitigation. 8.2 Environmental monitoring/Management plan for the construction phase 8.4 Environmental management/monitoring Plan for the operational phase of the road development project 9.2 Environmental Management/Monitoring Plan for the decommissioning phase for the Road Development Project
APPENDIX
Appendix 1 List of Public Consultative Forum Attendants Appendix 2: The standards of recommended noise levels Appendix 3: The standards of recommended emission levels Appendix 4: Copies of the letters sent to the Stakeholders. Appendix 5: Standards for water quality regulations. Appendix 6: Minutes of the PC and Findings.
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EXECUTIVE SUMMARY The objective of the Environmental and Social Impact Assessment was to analyse and evaluate the anticipated impacts of the proposed rehabilitation of the Kakamega-Webuye Road. The assessment involve studying the whole length of the road totaling 39.5km and other proposed access roads including loops leading to market areas and trading centers that requires rehabilitation. It is anticipated that the project will involve rehabilitating a total of approximately 39.5km stretch witihin the two districts.
The aim of the study is to provide guidelines that shall enable harmonize the coexistence of the project with the surroundings and at the same time facilitates Kenya National Highway Authority (KENHA) and the National Environment Management Authority (NEMA), make informed decision during evaluation and approval of the project.
The E&SIA Study, was conducted in accordance with the Legal requirement stipulated in the Environmental Management and coordination Act (EMCA) of 1999 and its subsequent supplements; the Environmental (Impact Assessment and Audit) Regulation, 2003; EMCA (Waste Management) Regulations, 2006 and EMCA (Water Quality) Regulations, 2006; EMCA (Controlled Substance) Regulations, 2007; EMCA (Noise and Vibration Control) Regulations,2009; EMCA (Emissions Control) Regulations,2006; EMCA (Wetlands, River Banks, Lake Shores and Sea Shore Management) Regulations, 2009; EMC(Conservation of Biological Diversity and Resources, Access to Genetic Resources and Benefit Sharing) Regulations,2006; the Land Acts, Water Act, Irrigation Act among other pertinent legal and institutional framework regulating roads development including the World Bank Safeguard Policies. The WB safeguard policies taken into consideration during project impact evaluation are Operation Policy (OP)/Bank Procedure (BP) for Environmental Assessment (4.01); OP/BP for Natural Habitats (4.04); OP/BP for Forests (4.36); OP/BP for Pest Management (4.09); OP/BP for Indigenous People (4.10); OP/BP for Physical Cultural Resources (4.11); OP/BP for Involuntary Resettlement (4.12); ; OP/BP for Projects on International Water Ways (7.50), and OP/BP for Public Disclosure 17.50.
The EIA study was conducted by a team of experts through collection of baseline information on the environmental status of the project area by conducting field studies and public consultations with the communities living along the project road. The project area traverses two
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The scope of the EIA study invcluded studying various project components which includes: a) Proposed provision of wide footpaths along busy trading centers, market places and bridges, b) Proposed modifications of junctions affected by this road improvement scheme such as the Kakamega-Mumias junction where an interchanger will be built; c) Study project areas for drainage consideration & their improvement, d) evaluate the role of the project road in the development plan of the regional and the national at large, e) Development of conservation and mending up measures to be implemented during and after development of the project road, f) Evaluation of Impacts of the project on agriculture and forestry, g) Evaluation of impacts of re-cycling options on the road works, h) Study potential scour points such as steep ditch or channel gradient or side slopes, i) Identifying existing and proposed materials sources, j) Evaluating effects of construction on water quality, k) Development of management and monitoring measures on health and sanitation for road construction labour units; and l) Assessment of impacts on demographic factors including the prevention of undesirable roadside developments, and recommend regulations and measures to limit negative impacts.
The development or improvement of a road is normally anticipated to bring both positive and negative changes to the community and environment at large. These changes can be long term, short term, cumulative, reversible or irreversible and thus needs to be depicted early, their impacts analysed, evaluated and costed to enable come up with practical and applicable mitigation measures which shall optimize the positive impacts and reduce the negative impacts to manageable or acceptable levels. Our investigation examined the potential impacts of the project on the immediate and surrounding environments along the project road with due regard to all the phases from construction, operation, maintenance, commissioning and decommissioning. It encompassed all aspects pertaining to the physical, ecological, socio- cultural, health and safety conditions at the site and its environs during and after construction.
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The study was based on laid down scientific qualitative procedures with the most recent methodologies and analysis required to conduct an EIA with assurance to strict adherence to the relevant legislative framework governing the transport sector. Reference was also made to EIA reports dealing with similar projects within Kenya and even internet references to projects from other parts of the world.
The notable potential negative environmental impacts that were identified from deductions of the consultative meetings and site visits were: • Destruction of physical environment through quarrying, extraction of construction materials, clearing of vegetation cover and excavation • Over abstraction of water • Water conflicts • Human-wildlife conflicts especially in forested areas • Floods • Air and noise pollution • Instances of decreased health and sanitation • Water logging and poor drainage during project implementation • Increased water demand in the area • Erosion and destruction of vegetation • Increased immigration which might lead to changes in socio-cultural settings • Chances of increased insecurity, Increased incidences of road accidents • Conflicts on importation of labourers
However, the identified potential negative impacts can be mitigated by implementing the proposed Environmental Management Plan (EMP) which aims at having a sound environmental project. Recommendations provided in the EMP included: preservation of indigenous trees, conducting periodic consultative meetings with community members, formation of umbrella bodies with adequate representation from community members, provision of portable exhaustible toilets to the workers, use of hand tools or machines with silencers to reduce noise levels and ambient air pollution, restoration and landscaping of area after construction, provision of employment to community members where applicable use clean fuels to reduce Green House Gas emission , among other measures.
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The project is envisaged to benefit the local community by opening up the area to employment, increased economic activities and other associated opportunities arising from the proposed project. The project will also enhance the national economy through increased flow of goods and services, increased pace of movement, payment of taxes on purchased goods and also by contributing to poverty alleviation through increased food production, acquisition of material goods and services among others.
The community is ready to have the project implemented and considered the negative impacts to be manageable, if appropriate plans are developed simultenously with the project. The community members understand that the key to improving their living standards, meeting the requirements of the ever growing population and urbanization of the rural areas is by rehabilitating the existing road. They anticipate this shall improve their accessibility to basic services, service providers, goods suppliers and markets for their farm produce. Table 1 below gives an outline of anticipated potential impacts and their proposed mitigation measures.
Table 1: Environmental Management Plan
Component Potential Impacts Mitigation Measures
Destruction • Soil compaction and erosion • Develop soil erosion management measures of Physical • Increased river sediments including silt management structures Environment • Obstruction of natural water • Limit the circulation of heavy machinery to channels minimal areas • Abandoned disused quarries • Locate access roads perpendicularly or • Contamination with melted diagonally to the slope rather than along steep bitumen, slopes • Rehabilitate material excavated sites • Avoid melting bitumen on private/productive land • Use cleaner and environmental friendly methods in bitumen handling
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Increased • Increased abstraction of water • Observe the Water Act 2002 and the 30% Water for construction water rights for downstream users Demand/Sup • Contamination of water bodies • Obtain water abstraction permit and use of ply & Water through car washing, deposit of metering methods Quality waste, bitumen, oil etc • Do not dispose any form of waste in water • Reduced amount of river water bodies flow downstream • Keep natural water channels free from • Decreased water quality obstruction • Reduced water quality and • Consult with community on identification of increased incidences of water sources and obstruction to avoid conflicts waterborne diseases • Avoid water contamination and pollution activities at wetlands riparian • Implement appropriate construction site management practices like excavating areas to be worked on only, control flow of excavated materials, cover areas once work is completed. Destruction • Loss of vegetation • Avoid selecting sites sheltering or frequented by of Flora and cover/Deforestation wildlife Fauna & • Destruction of indigenous tree • Preserve migration corridors for wild and Wildlife- species in the forest domestic animals. Human • Perturbation of terrestrial, • All trees uprooted to pave way for road Conflict aquatic and avian wildlife e.g expansion and access construction should be monkeys in the Malava Forest replanted with indigenous trees. • Increase in poaching due to • Use alternative sources of fuel improved transport and number • Avoid interference with wildlife breeding sites of immigrant workers • Promote the development of community • Derangement of terrestrial, nurseries. aquatic and avian wildlife • Environmental conservation measures should (competition for food and water be instituted as part of the project resources) Inappropriate • Increased erosion and siltation • Install appropriate drainage structures culverts, Drainage of water bodies bridges, mitre drains • Flooding of rivers, settlement • Avoid loading rivers with silt
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area, farms • Lack of access to poorly drained areas by the communities Oil Spills and • Unproductive land • Avoid melting, spilling and burying tar in contaminatio • Water contamination productive land n • Destruction of ecosystems • Use cleaner production mechanisms and environmental management systems where appropriate • Avoid spilling oil and other waste into water bodies Air/Noise • Degradation of air quality and • Operate equipments with air pollution ambient noise due to control/environmental management systems excavations operations • Insulate noisy machines when working near • Degradation of air quality by animal habitats vehicles emissions, bitumen • Maintain vehicles and machinery in good burning and dust during condition in order to minimize gas emissions excavation operations and noise. • Interference with domestic and • Avoid bitumen melting activities in open spaces wildlife due to excessive and • Avoid noisy operations in the night. destructive noise Encroachme • Loss of property and unwanted • Appropriate definition of road reserve nt, eventualities like death, fights • Development of structures to deter Displacemen etc encroachment t and • Destruction of road and • Communicate with community members early Resettlement reduction of its life span enough before commencement of works of Project • Increased road maintenance • Locate areas for relocating PAP to avoid Affected costs interfering with livelihoods Person • Relocation of market and • Observe WB requirements on Involuntary businesses Resettlment (OP 4.12)
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Occupational • Increased incidence of Injuries, • Provide road safety facilities including road , Health and road accidents and occupational signs, speed breaks, bus stops, footpath, foot Safety health hazards to workers and bridges, public at large • Provide workers with Protective Professional • Increased incidences of STI, Clothing and Equipments HIV/AIDS, school drop outs, • Conduct social awareness campaign in project unwanted pregnancies, areas alcoholism, communicable • Recruit locals as labourers as much as possible diseases among other to reduce influx of immigrants to communities • Interference with local culture • Provide housing and appropriate sanitation and values facilities to workers including mobile toilets • Increased informal settlement • Provide neutralizing and detoxification foods • Increased incidences of water like milk to workers handling chemicals and soil contamination • Complying with work place legal requirements • Decreased level of sanitation • Provide Protective Personal Clothing and • Incidences of suffocation and Equipment (PPC&E) poisoning • Employment of competent work force or conduct training and induction courses to workers • Instituting Safety drills, disaster preparedness and management programmes • Implement HIV/AIDS and other communicable diseases programmes in conjunction with relevant ministries • Social • Resources competition • Accord local community employment and Concerns • Loss of cultural heritage business opportunity as a priority • Gender equity • Identify areas of cultural importancesuch as • Alcoholism and drug abuse graves to avoid interferance with them when • Interferance with existing local excavating materials infrastructure such as access • Establish labour camps at reasonable distance roads from villages, shopping areas and other local social places.
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• Insecurity • Where possible offer women equal employment opportunities to men • Contractor in collaboration with proponent should develop corporate social responsibility programmes (CSRP) • Contractor should hold continuous site meetings with workers and community members • Develop programmes that can promote peace and harmony such as sports, cultural events etc • Rehabilitate infrastructure damaged due project road activities • Compensate farmers appropriately on acquired land, materials, • Avoid deviations of road project that might lead to killing of trading centre, markets and other business activities; • Provide security to project workers
MONITORING
The study observes that mitigation measures, design features, or actual impacts can be monitored to ensure acceptability of the project both during and after construction works. In some cases, monitoring can be done as part of routine or periodic maintenance, while socio-economic or ecological parameters can only be effectively assessed in the long term. Parameters that can be monitored include:
• Soil conservation interventions; • Water flows in surface and underground water sources; • Gravel pit rehabilitation; • Efficiency of drainage structures; • Impact on public health (due to STDs, clean drinking water); • Frequency of road traffic accidents;
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• Impact on road safety. • Air quality; • Noise quality and; • Sanitation at the workmen's camp;
Integrated monitoring requires the participation by majority of stakeholders so as to ensure that critical success factors are properly worked throughout the monitoring period.
CONCLUSIONS AND RECOMMENDATIONS The proposed road project is economically feasible as it shall improve commercial accessibility to the Western part of Kenya and connectivity of communities to social facilities and markets. It has the potential to open up Kakamega and Lugari Districts and other Agricultural productive areas to its immediate markets, suppliers and to the whole country. Besides, the road will greatly reduce the travel time between the local areas and thus increase socio-economic activities in the area and enable communities optimize the existing economic activities.
On the other hand there are negative environmental and social implications that need to be addressed. While there is a general acceptability of the road by the local community, fear of displacement, loose of livelihood, exposure to cultural interference, preference of foreign skills to local skills, and risks of general safety are among concerns of the local community. Implication to the ecosystem is likely to raise the attention of conservationists and stakeholders therefore appropriate mitigation measures should be integrated in the project implementation.
RECOMMENDATIONS Following the above conclusion the following recommendations have been made in this report and are summarised as follows: - • Mitigation measures proposed in the EMP should form an integral part of decision making during the construction of the project road • Continuous monitoring and consultations with community members should be encouraged and details recorded. • Institute effective communication, education and awareness towards the project beneficiaries for enhanced acceptability and social harmony Development and management of wild animal buffer zones should be conducted with collaborative efforts of the Kenya Wildlife Services (KWS) and the community members. This can be in form of developing fly over bridge with safety guard relais at the road section frequesnted by monkeys in Malaba forest.
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CHAPTER 1 INTRODUCTION
1.1. Background and Rationale for an Environmental Impact Assessment
The Government of the Republic of Kenya has earmarked some funding for preliminary and detailed engineering design of the rehabilitation of the Kakamega-Webuye Road (A1) of which Environmental Impact Assessment is part of. The road forms part of the road interlinking the districts located in Nyanza and Western Provinces. Kenya National Highway Authority has assignned Otieno Odongo & Partners Consulting Engineers to undertake the studies.
Economic and social development of Kenya is significantly dependent on efficient road transport infrastructure which facilitates delivery of agricultural produce, merchandise and commodities to markets as well as easy access to basic services (health, schools, water, trading centers, and administrative offices etc.) by the people. The benefits from efficient road transport are felt at all levels of the society, directly or indirectly, such as to include improved national economy, social income, wealth and job creation, health care, public transport and general service delivery. Improvement of all these areas is desirable for the current national aspirations including inter-sectoral growth collaborations. Success of Vision 2030 initiative is basically a function of the infrastructure, efficient road network being the key unit.
Development of new roads and improvement of existing facilities have potential negative effects to the physical environment and social well being of the communities as well as natural habitats. Among the potential negative impacts from road construction projects could include: environmental pollution from construction activities, risk to health and safety of the residents and employees, demand of construction materials such as water, wood, gravel and hard stones; increased run off, socio-cultural changes including loss of farming land, changes of domestic and wild animals access to water point, demolition of structures, displacement of human settlement/commercial centres, interference with animal reserves and foot paths, increased traffic, increased ambient air pollution, increased potential for road accidents, increased surface run off, flooding and associated disasters among other impacts. Other anticipated impacts from the road project will be disruption of natural habitats by interference of food chains and breeding sites and habitats, risks of fatal wildlife attack, displacement or extinction of species, destruction of land, vegetation, introduction of exotic species and possible interference with natural eco- balance.
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In view of the above observation, environmental concerns need to be an integral part of the planning and development process of a project and not an afterthought as it facilitates the proponent foresee potential project impacts that can be optimized or mitigated. This can be achieved through conduction of comprehensive Environmental and Social Impact Assessment Study (ESIA) and contionus monitoring. The study enables the environmental experts evaluate the current environmental status, opinion of the local communities; and establish the potential social and economics benefits of the project. Appropriate remedy is then integrated in the project design and implementation and the effectiveness of the remedy is managed and monitored with the guidance of the Environmental Management and Monitoring Plan.
1.2 Project description.
Kakamega-Webuye road is a class A1 road that joins the great North towns with the Western part of Kenya. The Kakamega - Webuye road was initially constructed in the early 1960s. The pavement layers consisted of natural gravel subbase, stabilised gravel base and double seal surface dressing. The entire road was later resealed in 1976.
The proposed Kakamega-Webuye road starts at the junction with the C40 road to Mumias. A major section of project road traverses the Western province through the Malava forest.
1.3 Study Objective and Scope
1.3.1 Project objective.
The main objective of the study is to provide the Government of Kenya with sufficient information on how the service level of Kisumu-Kakamega road can be enhanced to obtain a sustainable safe road which facilitates economic growth and improves living standards in the region traversed by the road. The objective of the study was met by;
• Assessing the project’s environmental and social aspects • Carrying out a preliminary engineering design of the roject road • Carrying out a detailed design of the project road.
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1.3.2 Justifiaction
The need of the proposed road is evident as it is expected to bring positive changes to the communities living along it, in terms of improving level of communication with other parts of the country, ease of conducting business, access to markets, medical facilities, schools and other social facilities that would inturn boast the living standards of the community along the project line and the country’s economy at large.
The development of the Kakamega-Webuye Road has been hampered by shortage of resources and management capacity. It is suggested the new project be prioritized along filling supply gaps, reducing constraints in certain sectors or upgrading existing ones for enhanced efficiency.
The foregoing information found in the other sections has shown the need of developing the road with the main objective being to breach the communication and business gap existing in the Western part of the country. The project shall play a major role in opening up the area to new heights of business activities including eco-tourism, industrialization, market diversification financial institutions among others. This shall in turn play a major role in improving the living standards of the people in the area who are adequately urbanized. The development shall also increase access to schools and hospitals which will in turn lead to increased literacy levels and reduce mortality rates in the communities.
1.4 Study Approach and Methodology
1.4.1 Overview
This study process adopted an integrated approach where data and information evaluation, field investigations, consultations among the team of experts, interviews and discussions with stakeholders and affected parties were undertaken at the same time. The study begun with intensive documentary and literature review of the proposed project documentation, District Development Plans of the two Districts, National Development and Economic Survey, Road Design Manuals, regulations and guidelines (Environmental Management and Co-ordination Act and making references to other related statutes and international codes such as the Water Act, Land Act, Forest Act, Building Codes 1968, WHO, WB) and other relevant literature.
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Physical evaluation of the areas was also carried out with specific focus on the biophysical and socio-economic environments. The sensitive environmental receptors, biodiversity, landuse and development trends, hydrology, physiographical features and climatic conditions along the project route were evaluated and analyzed. The social and economic status was also evaluated through organized consultative meetings at the administrative and communal levels in order to collect perceived information on the impacts associated with biophysical and socio-economic dimensions of project implementation.
The project engineering team in consultation with the environmental consultants carried out scoping of the TOR for this EIA study. The EIA study team made field visits to the proposed site and conducted desktop study to establish the following:
• Baseline data which included; biodiversity, socio-economic and environmental assessment • Legal Policies, Legislative and Institutional Framework governing the proposed project • Perception of the proposed project from departmental heads in the Districts, division and the local communities • Compatibility of the proposed project with the environment • Types of waste to be generated, proposed management and disposal methods • Potential positive and negative impacts of the project.
The study assessed and quantified the possible impacts of the proposed project to the residents in general and other administrative areas that share resources with the project beneficiaries. The potential impacts were identified from the literature review and consultative meetings.
1.4.2 Site Walk Assessment Survey
Information gathering was conducted through site walk assessment survey at the project sites and its surrounding areas including households. This involved a systematic field traversing to quantify perceived impacts of project on:-
• Road infrastructure and other facilities which will be used during project implementation
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• Land conflicts, ownership and usage including evaluation of land availability for deviations during construction • Areas of insecurity • Strategic location of labour camps • Institutions and organizations in the area • Vegetation cover of the area • Existing sensitive environmental receptors including underground and surface waters; animal breeding sites, feeding grounds and routes, and methods of protection from destruction, interference, contamination and extinction • Waste management and disposal methods • Environmental Health and Safety (EHS) • Material sources to be used during the project implementation and maintenance phases. • Effluent management.
1.4.3 Consultative Forums
Socio-economic impact assessment forums were held at the district and divisional levels. At the district meeting were held with the District Commissioners (DC), District Environment Officer (DEO), Superintendent Roads Officer (SRO) and District Administrative Officer (DAO). At the communal level talks were held with the roads officers, heads of institutions, religious leaders, chiefs, community elders and the public at large. The aim of the consultative meetings was to obtain data related to the past and present operations of the project road that are significant to the future environmental status of the area and the management of the project both during and after implementation. The community members responded positively to the development as long as mitigation and mending up measures like definition of the road boundaries, waste management, and water conflicts among others are developed and implemented simultenously with with the project.
1.5 Scope and content of project
The project assessment involved investigationand analysis of the anticipated environmental impacts of the proposed development in line with the EMCA legal subsequent supplement the
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Environmental Impact Assessment and Audit regulations 2003 and in particular part II S 7[1] a- k.
Consequently, the study report provides the following: • Nature of project • The location of the project including the physical features that may be affected by the project’s activities. • The activities that shall be undertaken during the project construction and operation • The materials to be used, products and by-product including waste to be generated by the project and the methods of management and disposal. • The potential environmental impacts of the project and mitigation measures to be taken during and after the implementation of the project. • An action plan for prevention and management of possible accidents during the project cycle • A plan to ensure the health and safety of the workers and the neighboring communities • The economic and social cultural impacts to local community and the nation in general • The project budget • Any other information that the proponent may be requested to provide by NEMA
All these aspects will be considered in details in the report which seeks to ensure that all the potential environmental impacts are identified and that workable mitigation measures are adopted. The report emphasizes the duties of the proponent and contractor during the construction phase as well as the operation phase of this project.
1.6 Project cost.
The project is estimated to cost Kenya Shillings two billion, five hundred and eighty eight million, three hundred and twenty two thousand, one hundred and twenty eight and thirty two cents (Kshs.2, 588,322,128.32). The National Environment Management Authority (NEMA) vide Legal Notice (LN) Number 30 published in the Kenya Gazette Issue Number 14, requires project proponent to pay 0.05% of the total project cost to the Authority as EIA license processing fees. Despite the quoted percentage, the Authority has regulated the minimum and maximum amount to be paid for the EIA license at Kenya Shillings Ten Thousand (Ksh. 10,000.00) and Kenya
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Shillings One Million (Ksh. 1 M) respectively. KeNHA will thus be required to pay Ksh. 1 M as EIA processing fee being the maximum allowable fees. The L.N also permits the project proponent’s to make the payment of the EIA license processing fees in two equal installments. The first installment is paid on submission of the EIA report while the second installment is paid on issuance of the EIA license.
1.7 Duties of the Proponent
It will be the duty of the proponent to ensure that all legal requirements as pertaining to the development are met as specified by the law.
1.8 Duties of the Contractor
Contractor shall be responsible for the following measures to protect the environment:
• Compliance with national and local statutes and regulations relating to protection of the environment. The Contractor will be responsible for familiarising himself with all existing national and local legislation in this regard • All construction activities shall be carried out using the best possible means to reduce environmental pollution such as noise, dust and smoke. All vehicles and plant shall be regularly serviced in accordance with the manufacturer’s recommendations to ensure that they operate efficiently and without excessive noxious emissions. The Resident Engineer (RE) will have the authority to instruct the Contractor to temporarily cease operations and/or remove from the site vehicles or plant which do not comply with this requirement, until such time that he is satisfied that best practices to reduce environmental pollution to a minimum are being used • The Contractor shall at all times maintain all sites under his control in a clean and tidy condition and shall provide appropriate and adequate facilities for the temporary storage of all waste prior to disposal • The Contractor shall be responsible for the safe transportation and disposal of all waste generated as a result of his activities in such a manner as will not give rise to environmental pollution in any form, or hazard to human or animal health. In the event of any third party being employed to dispose of waste, the Contractor shall be considered to have discharged his responsibilities under this clause from the time at which waste
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leaves sites under his control, providing that he has satisfied himself that the proposed transportation and disposal arrangements are such as will not give rise to pollution or health hazard • The Contractor shall be responsible for the provision of adequate sanitary facilities for his workforce, and that of his sub-contractors, at all construction and ancillary sites. The Contractor shall not allow the discharge of any untreated sanitary waste to groundwater or any surface watercourse • Prior to the mobilisation of the workforce the Contractor shall provide details of proposed sanitary arrangements to the Engineer for approval, such as will allow him to assess whether or not the proposed facilities are adequate and are unlikely to pollute water resources, and also that the facilities will be properly operated and maintained • All concrete and asphalt plants shall be operated and maintained in accordance with the original manufacturer’s specifications and manuals, and in such a manner as to minimise emissions of hydrocarbons and particulates. If, in the opinion of the RE, the operation of such plant is causing, or is likely to cause nuisance or health problems to site staff or the general public, the Contractor shall carry out such work as is necessary to reduce emissions to an acceptable level within a time-scale agreed with the Engineer • The Contractor shall regularly dowse with water all exposed dirt surfaces to reduce dust levels • The Contractor shall take all reasonable measures, at all sites under his control, to prevent spillage and leakage of materials likely to cause pollution of water resources. Such measures shall include, but not be limited to the provision of bunds around fuel, oil and bitumen storage facilities, and provision of oil and grease traps for servicing and fuelling areas. Prior to construction of such facilities, the Contractor shall submit details of pollution prevention measures to the RE for his approval • The Contractor shall be responsible for ensuring that exposed surfaces are re-vegetated as construction progresses, all to the satisfaction of the RE • The removal of trees shall be kept to the minimum necessary to accommodate the Permanent Works and where removal is a must trees should be replaced using indigenous plant species that can easily adapt to the area
• Prior to the removal of any trees the Contractor shall inform the RE of the intended operation and obtain the permission of the RE for the removal of the trees. If any tree is
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removed without permission the Contractor shall replace it with an approved tree at no additional cost to the Employer • The Contractor shall ensure that fires, except for controlled fires for burning rubbish, do not start within the Site or in the environs thereto as a result of the works or from the actions of his employees. The burning of waste, such as vehicle tyres causing noxious emissions is prohibited. The Contractor shall have available at all times trained fire- fighting personnel provided with adequate fire-fighting equipment to deal with all fires. The Contractor shall additionally at all times provide sufficient fire protection and fighting equipment local to parts of the Works which constitute particular fire hazards • The contractor in conjuction with line ministries and, organizations such as Ministry of Health, NGOs and Community Based Organization (CBO) should be involved in creating awareness on HIV/AIDS and other STDs inorder to play a role in the control of the spread of the infectious diseases • The contractor is required to be conversant with chance find procedures incase the road works excavations unearth materials that are considered to be of historic in nature. Chance find procedures requires that once excavated materials are considered to of historic importance the site is sealed off , left undisturbed until a qualified archeologist verifies if the material is of historical importance or not. If material is found to be of historic importance an emergency evacuation is done to collect the material for further investigation or safe keep by the Museums of Kenya. • The contractor shall ensure that the safety of the workers and the community in the project area is safeguarded as required by the Occuaption Health and Safety Act and the development partner’s guidelines on Environment, Health and Safety . This shall include ensuring that the design components and operation procedures minimize exposure of workers and, the general public to risks and, harzards and, ensring all environmental and social safeguards on air quality, water quality, energy conservation, water conservation, hazardous material management, waste managmewnt, noise and land contamination are maintained within the recommended standards. • As part of the foregoing, the contractor should ensure that all asphalt batching plants set up follows the environmental standards for air and water pollution control and disposal of construction waste. Occupational health and safety guidelines should be adhered to, with appropriate safety gear provided to all workers. It is advised that the Contractors follows the recomended environmental and safety measures and maintain proper working conditions at construction camps, as per the EMP, to avoid penalties as
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stipulated in the countires environmental laws, and such others penalties as shall be defined by the contract.
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CHAPTER 2: POLICY, LEGAL AND INSTITUTION FRAMEWORK
2.1 National Legal and Institution Framework
Kenya has approximately 77 statutes that guides on environmental management and conservation. Most of these statutes are sector specific, covering issues such as public health, soil conservation, protected areas conservation and management, endangered species, public participation, water rights, water quality, air quality, excessive noise control, vibration control, land use among other issues.
The National Environment Management Authority (NEMA) in conjunction with the various lead agencies studies proposed projects to ensure all aspects of the proposed project adheres to all Institutional Frameworks requirements. The institutional framework directly governing road development projects are: Environmental Management and coordination Act (EMCA) of 1999 and its subsequent supplements the Environmental (Impact Assessment and Audit) Regulation, 2003; EMCA (Waste Management) Regulations, 2006 and EMCA (Water Quality) Regulations, 2006; EMCA (Controlled Substance) Regulations, 2007; EMCA (Noise and Vibration Control) Regulations,2009; EMCA (Emissions Control) Regulations,2006; EMCA (Wetlands, River Banks, Lake Shores and Sea Shore Management) Regulations, 2009; EMC(Conservation of Biological Diversity and Resources, Access To Genetic Resources and Benefit Sharing) Regulations,2006, Land Acquisition Act (Cap.295), Land Act Way Leaves Act (Cap. 292), Public Roads and Roads Access Act (Cap. 399), Forest Act, Physical Planning Act (CAP 286), Local Government Act (CAP 265), Traffic Act Chapter 295, Water Act 2002, Public Health Ac (Cap. 242), Lakes and River Act Chapter 409, Wildlife Conservation and Management Act, Cap 376 and the Penal Code (CAP 63) 514
2.1.1 Environmental management and coordination Act No 8 of 1999 This project report has been undertaken in accordance with the section Part VI of EMCA 1999 and its subsequent supplements. Part II of the Act states that every person is entitled to a clean and healthy environment and has the duty to safeguard the same. In order to achieve the goal of the Act, proposed projects listed under the Second Schedule No. 3 of Act must undergo an Environmental Impact Assessment.
Part V section 42, subsection 1 directs that no person shall among others deposit any substance in a water body if the substance will have adverse environmental effect on the water. According
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Part VIII section 72 of the Act prohibits discharging or applying pollutants materials into aquatic environment. Section 73 requires that all operators of projects which discharge effluent or other pollutants to the environment submit to NEMA accurate information on the quality and quantity of the waste thereof. Materials used in road construction have potential of intoxicating both the above and underground water bodies. It is recommended that the project team should meet the requirements of the Act which aims to reduce environmental pollution. The section below reviews the statue that guides the development and management of roads projects to ensure their environment and socio-economic sustainability.
2.1.2 Environmental (Impact Assessment and Audit) Regulations, 2003:-
These Regulations guides on the procedures of conducting an EIA study by detailing the parameters to be evaluated during the study. It also provides guidelines on the payment of the EIA license fees, conduction of environmental audits and development of project monitoring plans. This EIA study is in compliance with the requirements of the regulation. It is therefore recommended that the subsequent requirements of the Regulations which includes conducting continuous monitoring and annual audits be observed. It is important to note that the legal EIA license application fee was reviewed from 01% to 0.05% vide LN 30 published in the Kenya Gazette Issue Number 14 and the maximum payable fee is limited to Ksh. 1M. 2.1.3 EMCA(Waste Management) Regulations, 2006:- These Regulations guides on the appropriate waste handling procedures and practices. It is anticipated that, the proposed project will generate large quantity of solid waste during construction which will need to be managed through reuse, recycling or appropriate disposal. It is therefore anticipated that, the amount of materials to be discarded as waste during the project implementation will be minimum. It is recommended that the proponent should put in place measures to ensure that construction materials requirements are carefully budgeted and to ensure that the amount of construction materials left on site after construction is kept minimal. It is further recommended that the proponent should consider the use of recycled or refurbished
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2.1.4 EMCA(Water Quality) Regulations, 2006:- These Regulations provides guidelines on the use and management of water sources; the quality of water for domestic use and irrigation. The proponent will be required to observe the requirements of the Regulations which prohibit anyone to undertake development within a minimum of 6m from the highest ever recorded flood level. Section 4(2), 6 and section 24 of the regulation prohibits pollution of water bodies and requires that all substance discharged into the water bodies should meet the standards set under third schedule of the regulation whose copy is found under annex 5 of this report. The project design team has been advised on the requirements of this regulation and they have incorporated the regulations in the design document.
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2.1.5 EMCA(Controlled Substances) Regulations, 2007:- These Regulations controls the production, consumption and, exports and imports of controlled substances. Controlled substances are grouped into three lists according to the regulation and the groups are as written below: • Group 1 list consists of halogenated flourochemicals with ozone depleting substances • Group 2 list consist of hydrobromoflourocarbons with ozone depleting substances • Group 3 list consist of bromochloromethane with ozone depleting substances
Products containing controlled substances include: air conditioners, air coolers, refrigerants, portable fire extinguishers, heat pump equipments, dehumidifiers, insulation boards, panels and pipe covers, pre-polymers etc. It is recommended that this regulation be observed to ensure equipment, machinery, vehicles and chemicals containing such components are not imported for project use.
2.1.6 EMCA(Noise and Vibration Control) Regulation, 2009:-
These Regulations provides guidelines for acceptable levels of noise and vibration for different environments during the construction and operation phase. Section 5 of the regulation warns on operating beyond the permissible noise levels while section 6 gives guidelines on the control measures for managing excessive noises and copy of the first schedule indicating the permissible noise levels for different noise sources and zones in found under annex 2 of this report. The project team should observe the noise regimes for the different zones especially when working in areas termed as silent zones which are areas with institutions, worship places. These areas are permitted exposure to Sound Level Limits of not exceeding 40 dB (A) during the day and 35 dB (A) at night. The regulation states that a day starts from 6.01 a.m. to 8.00 p.m while night starts from 8.01 p.m. – 6.00 a.m. Construction sites near the silent zones are allowed maximum noise level of 60 dB (A) during the day and night levels are maintained at 35 dB (A). The time frame for construction sites are adjusted and the day is considered to start at 6.01 a.m. and ends at 6.00 p.m while night duration from 6.01 p.m. to 6.00 a.m.
Part III of the regulation gives guidelines on noise and vibration management from different sources. Sections 11, 12 and 13 of the stated part give guidelines on noise and vibration management from machines, motor vehicles and night time construction respectively. Section 15 requires owners of activities likely to generate excessive noise to conduct an EIA.
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It is anticipated that the proposed project will generate excessive noise and/or vibration due demolition of the existing road this noise will originate from the construction equipments, vehicles and the workers since the road neighbours homesteads, institutions in some sections t is therefore recommended that the construction team develop mitigation to reduce noise propagation in the project area.
2.1.7 EMCA(Wetlands, River Banks, Lake Shores and Sea Shore Management) Regulations, 2009:- The aim of these Regulations is to ensure conservation and sustainable use of wetlands in Kenya. The regulations provide guidelines on wetland management even for those found on private land. The Regulation indicates that clear guidelines on management of the different types of wetlands found in the country has not been developed thus it is recommended that while working in aquatic environments the relevant Lead Agencies should be consulted to guide on the correct application of the law. Despite that the regulation also recommends use of precautionary principal when working near wetlands in order to conserve them thus exsitng regulation on wetland management should be applied.
2.1.8 EMCA (Conservation of Biological Diversity and Resources, Access To Genetic Resources and Benefit Sharing) Regulations, 2006:-
The Regulations requires proponents to conduct EIA if their activities may have adverse impacts on ecosystems or lead to unsustainable use of natural resources or/and lead to introduction of exotic species. The regulation aims at increasing the coverage of protected areas and establishing new special status sites by providing guidelines for protecting endangered species. Section 5 of the regulation provides guidelines on Conservation of threatened species and part III of the regulation guides on the access to genetic materials. The section states that, the Authority shall, in consultation with the relevant lead agencies, impose bans, restrictions or similar measures on the access and use of any threatened species in order to ensure its regeneration and maximum sustainable yield. It is recommended that landscaping programmes should involve use of certified plant species to avoid them from affecting project area negatively in terms of invading wetlands, vegetations and even farmlands.
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2.1.9 EMCA(Fossil Fuel Emission Control) Regulations, 2006:- These Regulation aims at eliminating or reducing emissions generated by internal combustion engines to acceptable standards. The regulation provides guidelines on use of clean fuels, use of catalysts and inspection procedures for engines and generators. This regulation is triggered as the proponent will use vehicles and equipments that depend on fossil fuel as their source of energy. It is recommended the requirements of the regulation be implemented in order to eliminate or reduce negative air quality impacts. Copies of sections of the regulation indicating the standards of recommended emission levels are attached to this report under annex 3
2.1.10 Way Leave Act (Cap 292) Section 3 of the Act states that the Government may carry any works through, over or under any land whatsoever, provided it shall not interfere with any existing building or structure of an ongoing activity. Notice, however, should be given one month before carrying out any such works (section 4) with full description of the intended works and targeted place for inspection. Any damages caused by the works would then be compensated to the owner as per this section Section 8 of the Act states that any person whom without consent causes any building to be newly erected on a way leave, or cause hindrance along the way leave shall be guilty of an offence and any alternations will be done at his/her costs.
2.1.11 Land Acquisition Act (Cap. 295) The Act provides for the compulsory or otherwise acquisition of land from private ownership for the benefit of the general public. Section 3 of the Act 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 into land for 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: • Area of land acquired • The value of property in the opinion of the Commissioner of land (after valuation) • Amount of compensation payable
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• Market value of the property • Damages sustained from severance of the land parcel from the land • Damages to other property in the process of acquiring the said land parcel • Consequences of changing residence or place of business by land owners • Damages from diminution of profits of the land owner
Part II of the Act allows for the temporary acquisition of land for utilization in promotion of the public good for periods not exceeding 5 years. At the expiry of the period, the Commissioner of Land shall vacate the land and undertake to restore the land to the conditions it was before. Any damages or reduction of value shall be compensated to the land owners.
2.1.12 Public Health Act Cap 232 Part IX section 115 of the Act states that no person or institution shall cause nuisance or condition liable to be injurious or dangerous to human health. Any noxious matter or waste water flowing or discharged into a watercourse is deemed as a nuisance. Section 116 requires that local Authorities take all lawful necessary and reasonable practicable measures to maintain their jurisdiction clean and sanitary to prevent occurrence of nuisance or condition liable to injuries or dangerous to human health. Part XII Section 136 states that all collections of water, sewage, rubbish, refuse and other fluids which permits or facilitate the breeding or multiplication of pests shall be deemed nuisance. The Act addresses matters of sanitation, hygiene and general environmental health and safety which is directly related to road projects and associated activities. It is therefore recommended that measures be taken in accordance to tha Act in order to safeguard the health of the workers and the public at large.
2.1.13 Public Roads and Roads of Access Act (Cap. 399) Section 8 and 9 of the Act provides for the dedication, conservation or alignment of public travel lines including construction of access roads adjacent to lands from the nearest part of a public road. Section 10 and 11 allows for notices to be served on the adjacent land owners seeking permission to construct the respective roads.
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2.1.14 Factory and Other Places of Work Act (CAP 514) The said act requires that before any premises are occupied or used a certificate of registration should be obtained from the chief inspector. The occupier must keep a general register with provision for health, safety and welfare of workers on site. This Act provides guidelines on the safety of workers at the work place and regulates and evaluates working conditions. Factors considered in the Act that requires implementation during project development are:
• Provision of protective clothing and fire fighting equipments to the workers; • Provision of clean and sanitary working conditions; • Provision of quality and quantity wholesome drinking water; and • Protection of moving parts of machine and equipments among other safety measures. For safety fencing of the premise and dangerous parts must be done. • Provision of statutory covers during construction
The overall objective of the Act is to ensure safety at the work place. It is recommended that the objective of the Act be withheld during the construction and routine maintenance of the project to ensure that the health and safety of both the workers and the general public is safeguarded.
2.1.15 Physical planning act, 1999 Section 29 of the said Act sempowers the local Authorities to reserve and maintain all land planned for open spaces, parks, urban forests and green belts. The same section allows for prohibition or control of the use and development of an area.
Section 30 state that any person who carries out development without development permission will be required to restore the land to its original condition. It also states that no other licensing authority shall grant license for commercial or industrial use or occupation of any building without a development permission granted by the respective local Authority.
2.1. 16 Land Adjudication Act Chapter 95
This Act provides for ascertainment of interests prior to land registration under the Registered Land Act
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2.1. 17 Water Act 2002
The Act provides guidelines on use and management of the of the water resources in the country. This Act prohibits the pollution of water. Part II, section 3 of this act states that “every water resource is hereby vested in the state, subject to any rights of user granted by or under the Act or any other law”. The Act and its subsequent supplementary namely the Water Regulations of 2007 requires that, any organization/person intending to abstract water for supply to over twenty (20) users to obtain a permit from the Water Resource Management Authority and should form a Water Users Association (WUA). The act further notes that, the issuance of the permit is subject to public consultation as well as an Environmental Impact Assessment.
2.1.18 Local Government Act Chapter 265
The Act also contains provisions empowering local authorities to control discharges. Under section 163 a local authority may control or prohibit activities, both industrial and domestic, which constitutes ‘a source of danger, discomfort or annoyance to the neighborhood’, as an offensive trade or as has been gazzetted by the Minister. Section 165 another way of controlling development by empowering the local authority to refuse to license activities on the ground that the treatment method proposed is not adequate.
2.1.19 Work Injury compensation Benefit Act 2007
This Act provides guideline for compensating employees on work related injuries and diseases contacted in the course of employment and for connected purposes. The act includes compulsory insurance for employees. The act defines an employee as any worker on contract of service with employer. This Act is triggered by the proposed project thus it is recommended that all workers contracted during the project implementation phase have the required insurance covers so that they can be compensated incase they get injured while working.
2.1.20 Traffic Act Chapter 403
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This Act consolidates the law relating to traffic on all public roads. The Act also prohibits encroachment on and damage of roads including land reserved for roads. The project is under the provision of the Act. 2.1.21 Use of Poisonous Substances Act Cap 247
This Act provide for the protection of persons against risks of poisoning by certain substances. The purpose of this Act is to protect persons against risks of poisoning by poisonous substances arising from the use, storage, importation, sale, disposal and/or transport.
2.1.22 Forest Act Cap 385
The Act guides on the establishment, development and sustainable management, including conservation and rational utilization of forest resources for the socio-economic development of the country:
The Act also provides guidelines for management and, registration of forests and is supported by the Forests Act of 2005 (No. 7 of 2005) and the Forests (Participation in Sustainable Forest Management) Rules, 2009 Kenya Gazette Supplement No. 754.
Section 41requires the Kenya Forest Service (KFS) to engage community participation in sustainable state forest management. Section 42 gives the types of agreements for community participation. Which shall be as prescribed under section 42 and listed below:
a) a community forest management agreement which shall be issued to a forest association to undertake community forestry activities; and b) a cultivation-permit which shall be issued to members of a forest association to undertake non-resident cultivation.
Section 25 guides on registration of private forests on farms and services provided by the KFS upon registration.
The proposed project cuts through a 2km stretch of Malava forest thus the need to observe this regulation in ensuring the forest is protected against adverse destructions as a result of project activities. It is therefore recommended that project activities be controlled to avoid inteferring with vegetation and animals in the area traversed by the road and to reduce spill over effects to the protected forest areas away from the road. It was noted that there are a lot of accidents involving monkeys and antelopes along the 2km stretch, as they and other small mammals
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2.1.23 The Malaria Prevention Act (CAP 246)
This Act provides measures to curb the breeding of mosquitoes at development sites. Measures proposed in the act to control the breeding of the vector include: maintenance of free drainage channels, removal of stagnant water from any land around an area to prevent larvae breeding, removal of waste and broken bottles among other measures. The proponent is recommended to implement measures to control the malaria disease vectors by implementing the mitigation measure proposed in the regulations.
2.1.24 The Penal Code (CAP 63)
The regulation provides guidelines on protecting the public against ill health and offensive trade activities such as noise and smell among others.
The proponent should observe the regulation by mitigating against excessive noise and by controlling pollution of water bodies and land.
2.1.25 The Standards Act Cap 496
This Act is implemented by the Kenya Bureau of Standards who provides standards on the requirements of equipments and project materials. Standards regulating security and safety of the public also have to be observed during the design phase of the project.
The proponent is required to implement the requirements of this Act especially those on standardisation of project inputs and equipments in order to reduce waste and pollution.
2.1.26 The Wildlife Conservation and Management Act, Cap 376
This Act provides for the protection, conservation and management of wildlife in Kenya. The Act deals with areas declared as National Parks, under the Act. The Act controls activities within the park, which may lead to the disturbance of animals. Unauthorized entry, residence, burning,
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2.1.27 The Occupation Safety and Health Act, 2007 This Act applies to all workplaces and workers associated with it; whether temporary or permanent. The main aim of the Act is to safeguard the safety, health and welfare of workers and non-workers.
It is recommended that all sections of the Act related to this project, such as provision of protective clothing, clean water, insurance cover be observed so as to protect all from work related injuries or other health hazards.
2.2. National Administrative Framework
2.2.1 The National Environment Council
The National Environmental Council (the Council) is responsible for policy formulation and directions for the purposes of developing the EMCA. The Council also sets national goals and, objectives, and determines policies, and priorities for the protection of the environment.
2.2.2 The National Environment Management Authority
The responsibility of the National Environmental Management Authority (NEMA) is to exercise general supervision and, co-ordination of all matters relating to the environment and to be the principal instrument of government in the implementation of all policies relating to the environment.
The Authority shall review the project report for the proposed project, visit the project site to verify information provided in the report and issue an EIA license if it considers that all the issues relevant to the project have identified and mitigation measures to manage them proposed.
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2.2.3 The Standards and Enforcement Review Committee
In addition to NEMA, the Act provides for the establishment and enforcement of environmental quality standards to be set by a technical committee of NEMA known as the Standards and Enforcement Review Committee (SERC).
NEMA through EMCA has established standards for the various environmental parameters that requires management such the water quality standards, noise and vibration control standards, waste management standards among other standards mentioned in this report. The committee through the the compliance and enforcement department found in NEMA, monitors the compliance level of various projects to ensure pollution control standards are implemented. The committee also follows pollution complaints reported by the public.
2.2.4 The Provincial and District Environment Committees
The Provincial and District Environmental Committees contribute to decentralization of activities undertaken by NEMA thus enable local communities have access to environmental management information and also enables the Provincial and District Environment Committees conduct quick site visits and review reports of localised proposed project in time. Since the proposed project traverses through two provinces the review of the report will be done at a National level then trickle down to the provincial level.
2.3 National Policy Framework
Several policies have been developed over the years to guide the development and management of proposed projects to ensure both economic and social sustainability these policies are discussed below.
2.3.1 The National Poverty Eradication Plan (NPEP)
The objective of the NPEP is to reduce the incidences of poverty in both rural and urban areas by 50 percent by the year 2015, as well as to strengthen the capabilities of the poor and vulnerable groups to earn income. It also aims to narrow gender and geographical disparities and create a healthy, better-educated and more productive population. This plan has been prepared
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2.3.2 The Poverty Reduction Strategy Paper (PRSP)
The PRSP has the twin objectives of poverty reduction and enhancing economic growth. The paper articulates Kenya’s commitment and approach to fighting poverty; with the basic rationale that the war against poverty cannot be won without the participation of the poor themselves. The proposed project through improving transport in the area will, contribute towards economic growth, as well as relieve the daily pressure of poverty for sustainable number of people by enabling them reach the markets and suppliers on time.
2.3.3 National Environmental Action Plan (NEAP)
The NEAP for Kenya was prepared in mid 1990s. It was a deliberate policy whose main effort is to integrate environmental considerations into the country’s economic and social development. The integration process was to be achieved through multi-sectoral approach to develop a comprehensive framework to ensure that environmental management and the conservation of natural resources forms an integral part of societal decision-making.
The application of this plan is widening as the government through NEMA does not approve a development project unless the impacts of the proposed project are evaluated and mitigation measures proposed for incorporation in the project’s development plan which is in line with the requirements of the NEAP.
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2.3.4 Environmental and Development Policy (Sessional Paper No.6 1999)
As a follow-up to the foregoing, the goal of this policy is to harmonize environmental and developmental goals so as to ensure sustainability. The paper provides comprehensive guidelines and strategies for government action regarding environment and development. It is recommended that the requirements of this policy are observed, as much by: • Taking measures to enhance the water catchment by replanting trees, using clean energy to reduce defforestatrion; • Undertaking environment friendly practices during project implementation; • Take measures to reduce pollutants leading to eutrophication of water bodies both above- and underground water bodies; and • Rehabilitate project affected areas and public infrastructure among other
2.4 International Policy Framework
Kenya is a signatory as well as a party to various international conventions, treaties and protocols relating to the environment which aims at achieving sustainable development. According to the Registrar of International Treaties and other Agreements in Environment (UNEP 1999), there are 216 treaties, 29 of which are of interest to Kenya. The country is a signatory to 16 such agreements, which range from use of oil, protection of natural resources and protection of the atmosphere. The agreements are both regional and international and became legally binding on Kenya upon ratification thereof by the rightfully designated Kenyan Authority. The agreements of interest to Kenya can be categorized as those for protecting natural resources, atmosphere and social well being of man.
2.4.1 Protection of Natural Resources
There are 12 agreements of significance to Kenya under this category which the country has signed and ratified. This section reviews a number of policies that are triggered or met by the proposed project:
2.4.1.1 United Nations Convention to Combat Desertification (UNFCCC) of 1994:-
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The convention requires parties to take climate change considerations into account in their relevant social, economic and environmental policies and actions. The proponent has undertaken this EIA with the aim of minimizing adverse effects of the project on the economy, on public health and on the quality of the environment. The requirements of this convention can be mitigate against to reduce impacts on climate change by growing trees suitable for the area to act as carbon sinks along the highway. The community members in the proposed project area depend majorly on wood and kerosene as their source of energy which are known to directly affect the ecosystem in terms of pollution and effects on water catchments. The proponent is advised to enhance the positive impacts of the project through engaging activities that control climate change for example developing tree planting programmes with line ministires and the community members and conserving the catchment through water conservation.
2.4.1.2 Convention on Biological Diversity, 1992
The Convention requires Parties to use EIA effectively to avoid or minimize significant adverse impacts on biodiversity; it introduces Strategic Environmental Assessment (SEA) to assess environmental implications of policies and programmes particularly for those with major implications on natural resource use. The Convention also led to the establishment of Cartagens Protocol on Biosafety 1999 namely “The Cartagena Protocol on Biosafety to the Convention on Biological Diversity” which was adopted on 29th January 2000 entered into force on the same date. Kenya signed the protocol on 15th May 2000; ratified it on 24th January 2002 and became a party member on 11th September 2003. The protocol is an international treaty governing the movements of Living Modified Organisms (LMOs) resulting from modern biotechnology from one country to another. The proponent is advised to observe the requirements of this regulation if programmes such as landscaping are incorporated and will involve use of plant species some of which can bebiotechnology products. The use of LMO can have adverse environmental impacts if the correct material is not used leading to destruction of the micro-ecosystems, food webs and even invasion of farms.
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2.4.1.3 The Convention on Wetlands of International Importance (Ramsar, 1971)
The convention seeks to ensure the wise use of all wetlands and provides stringent guidelines for the conservation of those wetlands listed in the List of Wetlands of International Importance. The proposed project is not located within an Important Bird Area (IBA) according to the Ramsar Sites list. Despite that the project will be undertaken in Kakamega known as home to Malava Forest a known bird habitat and thus the project team should enadavour that their activities does not spread to the forest area.
2.4.1.4 Kyoto Protocol to the United Nations Framework Convention
The Kyoto Protocol is an international agreement linked to the United Nations Framework Convention on Climate Change.The Clean Development Mechanism (CDM), defined in Article 12 of the Protocol, allows a country with an emission-reduction or emission-limitation commitment under the Kyoto Protocol (Annex B Party) to implement an emission-reduction project in developing countries. Such projects can earn saleable certified emission reduction (CER) credits, each equivalent to one tonne of CO2, which can be counted towards meeting Kyoto targets". 2.4.1.5 The World Commission on Environmental and Development (The Brundtland Commission of 1987)
The commission focuses on the environmental aspects related to development and requires all development projects to be sustainable economically, socially and environmentally. The principle of the organisation emphasis that development project should not have permanent negative on the biosphere and in particular the ecosystems.
It is recommended that the project proponent incorporate mitigation measures to ensure that the project impacts on the ecosystem in reduced. The consultants used participatory methods to involve the target group and concerned stakeholders in order to inform and enlightened them on the likely negative environment and social impacts in order for them to prepare mitigation measures so as to ensure the proposed project is sustainable throughout its life span.
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2.4.1.6 Convention concerning the Protection of World Cultural and Natural Heritage, 1972
The convention requires parties to adopt effective measures that include assessment of the feasible project alternatives to prevent or minimise or compensate for adverse impacts and assess the nature and extent of potential impacts on natural heritage resources, and designing and implementing mitigation plans. The convention also protects threatened plants. The proposed project area is either built or agricultural and most vegetation found in the area is exotic as the natural vegetation has been cleared apart from the natural Malava Forest.
2.4.1.7 Convention on International Trade in Endangered Species (CITES) of Wild Fauna and Flora, 1990
This convention protects forests as habitat for endangered species. The proposed project area has no immediate forest the nearest forest is Malava Forest located afew km away and monkeys frequent the road reserves thus the need for their protection.
2.4.1.8 The Convention of Control of Desertification in Countries Experiencing Serious Drought and/or Desertification, Particularly In Africa (UCCD)(1992)
This convention requires Parties to promote cooperation among affected parties in the fields of environmental protection and the conservation of land and water resources, as they relate to desertification and drought. The proponent is advised to engage in activities geared towards eradicating drought through developing tree programmes with relevant ministires/local communities, encouraging clean energy use and water conservation.
2.4.1.9 The Basel Convention
The overall goal of the convention is to protect human health and the environment against the adverse effects resulting from generation, movement and management of hazardous waste. This Convention requires that the Parties exercising their right to prohibit the import of hazardous wastes or other wastes for disposal should inform the other Parties. It also requires the parties to ensure that the transboundary movement of hazardous wastes and other wastes is reduced to the minimum levels consistent with sound environmental management of such wastes, and that it iis conducted in a manner which will protect human health and the environment against the adverse
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effects which may result from such movement. The proposed project will involve use of solvents, emulsifiers, petroleum products and thus the requirements of the agreement should be observed by not importing or accepting expired inputs.
2.5 Development Partners Regulations on Environmental and Social Management This EIA study is also based on World bank Operational Policies covering environmental and social management safeguards, as the World Bank is a development partner for this project.. Reference has been made to the World Bank Safeguard Policies, the World Bank Group Environmental, Health, and Safety Guidelines namely the EHS Guidelines and the World Bank Environmental Assessment Source Book Volume II, which provides the relevant sectoral guidelines including the Banks Operation Policies/Bank Procedures. The objective of the World Bank's environmental and social safeguard policies is to prevent and mitigate undue harm to people and their environment in the development process. These policies provide guidelines for bank and borrower staff in the identification, preparation, and implementation of programs and projects. Operational policies have often provided a platform for the participation of stakeholders in project design and have been an important instrument for building ownership among local populations. (World Bank, 1999-2006)
2.5.1 World Bank Operational Policy 4.01-Environmental Assessment The environmental assessment process provides insights to ascertain the applicability of other WB safeguard policies to specific projects. This is especially the case for the policies on natural habitats, pest management, and physical cultural resources that are typically considered within the EA process. The policy describes an environmental assessment (EA) process for the proposed project. The breadth, depth, and type of analysis of the EA process depend on the nature, scale, and potential environmental impact of the proposed project. The policy favours preventive measures over mitigatory or compensatory measures, whenever feasible. The operational principles of the policy require the environmental assessment process to undertake the following: Evaluate adequacy of existing legal and institution frameworks, including applicable international environmental agreements. This policy aims to ensure that projects contravening the agreements are not financed. Stakeholder consultation before and during project implementation. Engage service of independent experts to undertake the environmental assessment.
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Provide measures to link the environmental process and findings with studies of economics, financial, institutional, social and technical analysis of the proposed project. Develop programmes for strengthening of institutional capacity in environmental management.
The requirements of the policy are similar to those of EMCA, which aim to ensure sustainable project implementation. Most of the requirements of this safeguard policy have been responded to in this report, by evaluating the impact of the project, its alternatives, existing legislative framework and, conducting public consultations and by proposing mitigation measures for the potential impacts identified.
2.5.2 Bank Operational Policy 4.04-Natural Habitats This operational policy requires that the study use a precautionary approach to natural resource management, to ensure environmental sustainability. The policy requires conservation of critical habitat during project development. To ensure conservation and project sustainability the policy requires that: Project alternative be sought when working in fragile environment areas; Key stakeholders are engaged in project design, implementation, monitoring and evaluation including mitigation planning. The requirements of this policy were observed as much as possible during the EIA study. The consulting team engaged several stakeholders during project impact so as to incorporate their concerns and views in the EMMP. This policy is not triggered by the proposed project as the project area does not directly fall within conserved and/or protected natural habitats. The nearest preserved natural habitat namely the Malava Forest is located 4.5km away from the proposed project road (Road A1)thus it shall not be affected as even project site activities such as material sites were not identified near the forest. Despite that measures should be taken when undertaking project related activities near the Malava Forest a well known natural habitat to several bird species and wild animals especially monkeys and the Nzoia River a major tributary of Lake Victoria that traverses the project area thus plays a major role in supporting ecosystems around the lake e.g the Yala swamp which is recognised by RAMSAR.
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2.5.3 Bank Operational Policy 4.36-Forests
This operational policy provides measures for protection of forests through impact evaluation and conservation of forest during project development. This policy ensures that the health and quality of forest and right and welfare of people and their level of dependence upon the forest is fully protected.
This policy is not triggered by the proposed project as the project area does not directly fall within conserved and/or protected forest. Restoration activities that enhances biodiversity and forest ecosystem such as affrestation and protection of indigineous trees should also be observed.
2.5.4 Bank Operational Policy 4.09-Pest Management This policy promotes the use of ecological based pest management practices. The policy requires that procured pesticides should meet the WHO recommendations and not be among those on the restricted list of formulated products found in the WHO Classes IA and IB or Class II. This policy is not triggered by the proposed project as it shall not involve use of pesticides use of pesticides despite the fact that the project will involve bush clearing to paveway for development of various project components and landscaping of project area on completion using trees, grasses and other vegetation to improve aesthetic value of the area, control soil erosion and, act as windbreakers among other functions. All activities involving handling of vegetation will be manaual labour based thus not necessitate use of pesticides. It is recommended that plant enrichment will be done using organic manure if necessary which can be locally found.
2.5.5 Bank Operational Policy 4.11-Physical Cultural Resources This policy guides in preserving physical cultural resources and helps reduce chances of their destruction or damage. The policy considers Physical Cultural Resources (PCR) to be resources of archeological, paleontological, historical, architectural, and religious (including graveyards and burial sites), aesthetic or other cultural significance. The policy is not triggered by this project as during the study there were no observed physical or cultural resources to be affected by the project.Despite that chance finding of materials cannot be ruled out especially during material excavation due to the projects area vicinity to the Malava forest. It is thus recommended that any chance finding during project undertaking be brought to the attention of the relevant authorities including the National Museum of Kenya.
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2.5.6 Bank Operational Policy 4.12-Involuntary Resettlement Resettlement due to infrastructure development is not a new phenomenon in Kenya but the government has no Policy Document or Act that aims at ensuring that persons, who suffer displacement and resettlement arising from such development activities, are compensated adequately for their losses at replacement costs. The World Bank’s Operational Policy 4.12, has been designed to mitigate against impoverishment risks associated with Involuntary Resettlement and the restoration or improvement of income-earning capacity of the Project Affected Persons (PAP). The policy requires full public participation in resettlement planning and implementation and describes the conditions that borrowers are obliged to meet in operations involving involuntary resettlement. The policy is triggerd by the proposed project due to two main reseans. One is due to the development of the interchanger at the Kakamega-Mumias junction and two is due to encroachement on the road reserves.
The first reasons has triggered the policy as the development of the interchanger shall require land for its development which will have to acquired from private owners as the public land for the development is not available. The second reason has triggered the OP as some sections of the road is currently encroached by small scale businesses and traders mainly at Kakamega Town and at some markets along the road. The rehabilitation of the road will require those who have encroached into the road reserve to vacate it and according to the OP, they will require resettlement thus the need of developing a RAP. These groups (those on road reserve and the private land owners) of people are considered eligible for resettlment according to the OP 4.12 as the principle policy of this OP is to ensure that development projects sponsored by the Bank does not cause undue disturbance to livelihoods of those who depend on the project or its accosiated resources.There is therefore a need to develop a Resettlment Action Plan (RAP) for the project that shall propose a procedure that will be followed to ensure that the livelihood of those affected by the project is restored as much as possible.
2.5.7 Bank Operational Policy 4.10-Indigenous People This policy requires projects to be designed and implemented in a way that fosters full respect for Indigenous Peoples’ dignity, human rights and cultural uniqueness. It also ensure that the IPs receive culturally compatible social and economic benefits and do not suffer adverse effects during the development process. This policy is not triggered as the proposed project area is not occupied by IP who identify with the areas according to the OP description of IP.
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2.5.8 World Bank Operational Policy BP 17.50- Public Disclosure The World Bank Policy on Access to information sets out the policy of the World Bank on public access to information in its possession. This policy supersedes the World Bank Policy on Disclosure of Information, and took effect on July 1, 2010. This Policy is based on five principles: • Maximizing access to information. • Setting out a clear list of exceptions. • Safeguarding the deliberative process. • Providing clear procedures for making information available. • Recognizing requesters’ right to an appeals process.
The Bank takes the following approach to disclosing information related to member countries/borrowers in the case of documents prepared or commissioned by a member country/borrower that are made available to the public as a condition for doing business with the Bank (in this instance, safeguards assessments and plans related to environment and resettlement): the country/borrower provides such documents to the bank with the understanding that the Bank will make them available to the public.
2.4 Institutionalisation Environmental Management
To ensure sustainable development and environmental conservation there is need to institutionalise environmental issues in the management of the project. Environmental Management and Conservation issues should be captured in the contracotors project guidelines and an official representative of the proponents be appointed to oversee the performance of environmental indicators. Environmental factors to be considered when developing the constitution should include:
• Requirements of existing environmental laws namely the EMCA and its subsequent supplements as mentioned under section 2.1;
• Requirement of compliance and enforcement of the regulations including the costs involved;
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• Monitoring and Evaluation (M&E) of the environmental parameters and performance of the mitigation measures. This shall include M&E of inputs, activities, output, performance of mitigation measures, field visits, public and stakeholders participation, review of capacity among other factors.
• Variation of environmental laws should also be taken into consideration because NEMA is continuously improving the regulations and introducing new regulations in areas not handled before.
It is of paramount importance that the construction team is conversant with environmental management requirements and booklets and other reading environment material should be availed at the project site as required.
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CHAPTER 3: DESCRIPTION OF THE PROJECT
3.1. Current State of the Road and it’s Environment The current width of the road is 30m as opposed to the 40m recommended for road B9.
3.2 Project Description and design The Kakamega-Webuye Road measures 39.5km and starts at the junction with road to Mumias (C40) and ends at Kaburengo at junction with A1 Eldoret-Malaba road.
3.2.1 Horizontal Alignment The start chainage was taken at the junction with the C40 road to Mumias. As one approaches Webeyu from Kakamega, the road meets the Eldoret – Malaba road (A104) at its junction at Kaburengo. From Kaburengo, one travels along the A104 for a distance of 7.8 km to its junction with the A1 to Kitale. No major changes in the horizontal alignment are anticipated. Minor re- alignments are however inevitable on the existing horizontal alignment at isolated sections where the radii fall short of the design requirements. At Lubao market centre at Km 59 + 800 there is heavy presence of human traffic and cyclists especially on market days.
3.2.2 Vertical Alignment The vertical alignment is generally satisfactory and amendments to the vertical alignment will be confined to improving sight distances on the occasional crest curves.
3.2.3 Existing road condition The road from Kakamega is in bad condition with severe potholes and cracks all the way to Lubao at Km 59 + 800. Between Lubao and Butali market at Km 80 + 300, the road condition is fair, with minor cracks and potholes. From Butali to the Kaburengo junction on the Webuye – Eldoret road A (104) at Km 85 + 800, the road is in fair condition but lacks a smooth riding surface.
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78 + 800: No shoulders and dysfunctional 83 + 500: Overtopped road section with severe drainage system. Notice the stalled storm block cracking just before the Eldoret-Malaba water. Road A(104) road junction.
3.2.4 Drainage and Bridges
Drainage in this section is dysfunctional and there are a few cross pipe culverts in the section. There is one bridge in this section:
• Km 87+600 : Single span 10m x 8m wide r.c. bridge across the Charaiwa river as depicted below:
Km 83 + 100 LHS: 2x600mm cross pipe culverts. They are Km 87+600 LHS: Bridge over River Charaiwa (10 x 8m) completely dysfunctional. with 5m clearance
3.2.5 Material Sources
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The sub-grade soil investigation along the existing road alignment comprised sub-grade soil sampling by means of trail pits, DCP tests and laboratory testing. Trial pits 0.5m x 0.5m in plan were excavated at one (1) kilometre interval on alternate side of the carriageway to depths of 1 m. The pits were dug to varying depths from the surface to sub-grade level with a total of 154 pits dug over the total road length of 157 km from Kisumu to Webuye and Webuye to Kitale.
The vertical profile of the pavement in each trial pit was recorded and representative sub-grade sample taken for laboratory testing.
Potential sources of gravel have been identified as follows: Table 3.2.2: Kakamega-Webuye Section Ref. Location Km from Remark Kisumu MS-5 Malava 75+250 Existing MS-6 Butali 80+700 New MS-7 Kaburengo 91+000 Existing
Km 74 + 800 RHS: Natural Gravel borrow pit at Km 74 + 800 RHS: Natural Gravel borrow pit Malava centre; 1.85 Km off the alignment at Malava centre; 3.1 Km off the alignment
The existing material sites have been in operration for a long time. Most of the above sites are located within 8 km of the main road with some within the road reserve and having fairly good access. The only exceptions are Ms-6 which has more than 8 km from the main road and without proper access. A MS-15 located near West Kenya Sugar Company is the only available material source between Kakamega and Malava, although it is over 8 km from the main road. All the existing material sites have sufficient reserves of gravel to satisfy the project requirements.
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3.2.6 Available Infrastructure
The area served by the project roads has mixed land uses with urban and rural setting. The area has several supportinng infrastructure including schools, hospitals, water and electricity supply, telephone services among others
3.2.7 Security
State of security along the project road is similar to that of the rest of Kenya where level of safeness uncertainty is very high. The situation is worse in the rural areas especially in area with massive vegetation growth along the project road this accunuated due to lack of street lights and security personnel.
3.2.8 Road Furniture
Road furniture and supporting facilities like bus stops, bus parks, markets, signage, and speed control devices are lacking along the roads. These facilities needs to be developed and should take into consideration the socio-cultural activities of the community
Km 4 + 900 RHS: Ndugu Hardstone quarry; 3.3 Km 4 + 900 RHS: Kisumu concrete Hardstone Km off the alignment. quarry; 3.4 Km off the alignment.
These quarries fall within the major quarry belts within their region and have a combined production capacity that can meet the requirements of the project with little additional crushing investment.
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3.3 Project Description
The proposed alignment for the road is given in the following table.
Table 3.3.: Proposed alignment for the Road
SECTION PROPOSED ALIGNMENT Km10+550 The existing road alignment is largely followed by the new to km157+300
The Kakamega – Webuye road passes through many trading centres. It is proposed to provide 6m wide service roads at some centres to minimise conflict between local traffic and through traffic.
Non-motorised traffic facilities including lay bays and foot paths shall be provided, of particular concern has been due to the high concentration of non-motorised traffic (NMT) in Kakamega town.
At the urban centres, non-motorised traffic including pedestrians, bicycles and handcarts will be catered for by the proposed 3m - 4m wide segregated lanes. This is in accordance with the guidelines given in “ Guidelines for Pedestrian and Bicycle Traffic in African Cities” prepared under the World Bank Sub-Saharan Africa Transport Program (January 2001).
Bus bays will be provided at all the towns, near institutions (e.g. schools) and trading centres along the route.
The construction phase of the project will begin once a contractor has been indemnified and commencement period agreed on with contractor. The project implementation shall consist of several components which include: • Identification of camp site for construction team • Identification of sources of waste • Identification of sources of construction material • Recruitment of labourers
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• Development of applicable conservation and management plan
The contractor shall identify strategic positions to develop a camp site for its labourers and staff. Camp sites built in the early periods of the gravel road development were sited at several disitrcts along the project. The contractor will need to consult with community members and relevant stakeholders on where to develop the camp site and how water, materials, sanitary facility and other requirements from the community shall be managed.
The communities expressed that they would like unskilled labourers to be sourced from their areas. Water was found to be adequate along the project road to sustain the project road apart from a few areas where it was recommended a borehole be drilled to provide water for road construction. It is advised boreholes be sited in areas to benefit the community members and institutions in the area.
Road construction material is easily available along the project area but consultative meetings on agreement on management of disused sites should be entered before exploitation of the materials.
3.4 Description of the Project’s Construction Activities
3.4.1 Pre-construction Investigations
The implementation of the project’s design and construction phase will start with thorough investigation of the site biological and physical resources in order to develop a baseline data bank that shall guide in impact monitoring.
3.4.2. Sourcing and Transportation of Building Materials
Building materials will be transported to the project site from their extraction, manufacture, or storage sites using transport trucks. The building materials to be used in construction of the project will be sourced from within the project area. Greater emphasis will be laid on procurement of building materials from sites located closer to the site being worked on; this will make both economic and environmental sense as it will reduce negative impacts of transportation of the materials to the project site through reduced distance of travel by the
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3.4.3 Storage of Materials
Building materials will be stored on site. Bulky materials such as rough stones, ballast, sand and steel should be carefully stores at contractor’s yard and protected from elements of weather in order to avoid wastage due to weather conditions like wind and rain. Chemicals material such as emulsifiers, stabilizers, petroleum products and solvents will also be stored at site.
3.4.4 Excavation and Foundation Works
The project will involve excavation of the existing road foundation so as to pave way for new development and excavation will also be done at material sites.This activities are normally accompanied with noise, vibration, dust evolution and use of heavy machinery.
3.4.5. Masonry, Concrete Work and Related Activities
The project activities will involve a lot of masonry work and related activities including: stone crushing, asphalt mixing by use of both manual and mechanical means. These activities are known to be labor intensive and a source of air pollutants.
3.4.6. Sitting and development of camp site
The road project will require a camp site for its workers and for storage of machinery and equipments, processing and storage of materials. Camp should be provided with water supply and sanitary facilities.
3.4.7 Drilling of Borehole
Boreholes will be required to provide the project with adequate water for construction in Kisumu District as the area has no reliable water source apart from the lake. Options of abstracting water from the lake can be evaluated after consulting the relevant authoirites.
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3.4.8 Landscaping
To improve the aesthetic value or visual quality of the site once construction ceases, the proponent will be required to carry out landscaping this will include establishment of roadside tree planting, backfilling and vegetating of disused quarry sites.
3.5. Description of the Project’s Operational Activities
3.5.1 Occupancy
A relatively large number of staff will be employed at the project and considering the distance of project from major towns most of the staff will reside at the labour camps that will be developed.
3.5.2 Solid Waste and Waste Water Management
The proposed project shall generate a lot of waste both at the labour camp and at the road development site. Contractor/proponent will provide facilities for handling solid waste generated. These will include dust bins/skips for temporarily holding waste within the camp before final disposal at the designated dumping site. Bulky excavated material should be piled at designated collection point before disposal or reuse
Sewage generated from the camp should be discharged into the sewerage system, while storm water from the project area will be channeled into the storm water drainage system or directed to natural water courses with consideration of downstream effects.
3.5.3 Cleaning
The occupants of the camp units will be responsible for regular washing and cleaning of their units and other common/communal areas. Cleaning operations will involve the use of substantial amounts of water, disinfectants and detergents.
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3.5.4 General Repairs and Maintenance
The camp, machinery and equipments will be repaired and maintained regularly during the operational phase of the project. Such activities will include repairs and maintenance of electrical gadgets and equipment, repairs of refrigeration equipment, repairs of leaking water pipes, painting, maintenance and replacement of worn out parts, oil changes among others. Period maintenance of the road will also be undertaken once construction is complete and this will include clearing of road side vegetation, fixing damaged sections of the road among others.
3.6 Description of the Project’s Decommissioning Activities
3.6.1 Demolition Works
It is anticipated that the proposed project will have a lifespan of several decades save for period maintenance. Upon decommissioning, the project components including the road, buildings, pavements, drainage systems, parking areas and perimeter fence will be demolished. This will produce a lot of solid waste, which will be reused for other construction works or if not reusable, disposed of appropriately by a licensed waste disposal company.
3.6.2 Dismantling of Equipment and Fixtures
All equipment including road surface, electrical installations, furniture partitions, pipe-work and sinks among others will be dismantled and removed from the site on decommissioning of the camp site, the road and other project components. Priority will be given to reuse of these equipment in other projects. This will be achieved through resale of the equipment to other contractors or donation of this equipment to schools, churches and charitable institutions, rehabilitation of feeder roads etc.
3.6.3 Site Restoration
Once all the waste resulting from demolition and dismantling works is removed from the site, the site will be restored through replenishment of the topsoil and re-vegetation using indigenous plant species or developed according to the development trend of the time.
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3.6.4 Construction Materials and Energy Used
The main sources of energy that will be required for decommissioning of the project will include electricity and fossil fuels (especially diesel). Electricity will be used for welding, metal cutting/grinding and provision of light. Diesel will run material transport vehicles and construction equipment/machinery such as bulldozers and concrete mixers. The proponent should intend to promote efficient use of materials and energy through proper planning to reduce economic and environmental costs of excavating new materials.
3.6.5 Solid Waste Generated
Large amounts of solid waste will be generated during decommissioning of the project. These will include metal cuttings, rejected materials, surplus materials, surplus spoil, excavated materials, paper bags, empty cartons, empty paint and solvent containers, broken glass among others. The proponent is advised to take steps to minimize the generation of such waste and to ensure proper disposal procedures or recycling/ generated wastes.
3.6.6 Liquid Effluents Generated by the Project
During decommissioning disconnection of pipes and other activities like washing are likely to generate effluents.
3.7 Analysis of Project Alternatives
This section analyses the project alternatives in terms of site, technology scale and waste management options.
3.7.1 No Project Alternative
The No Project option in respect to the proposed project implies that the status quo is maintained. This option is the most suitable alternative from an extreme environmental perspective as it ensures non-interference with the existing environmental conditions. This option will however, involve several losses both to the local community and the nation as a whole. The community will continue to face the constraints they are currently experiencing due
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From the analysis above, it becomes apparent that the No Project alternative is no alternative to the local people, Kenyans, the government of Kenya and East African region as a whole.
3.7.2 Analysis of Alternative Construction Materials and Technology
The road will be constructed using modern, locally and internationally accepted materials to achieve public health, safety, security and environmental aesthetic requirements. Equipment and systems that save resources including energy and use of solar systems, water conservation will be given first priority without compromising on cost or availability factors.
Rainwater should be harvested and be used in construction activities and supply to labour camps for flushing toilets and other non-domestic activities. Heavy use of timber and wood during construction should be discouraged to minimise destruction of natural resources. The tree exotic species should be preferred to indigenous species in the construction where need will arise as they can be replanted with ease.
Asphalt mixers, crushers and other construction equipments and machineries should be incorporated with pollution control devices like dust arrestors/precipetaros, emission control, noise abatement devices and desulfurisation devices. The equipments and vehicles should have highest levels of combustion efficiency, capability to use cleaner fuels like bio-diesel and should have enhanced safety features.
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3.7.3 Solid waste management alternatives
A lot of solid wastes will be generated from the proposed Project. An integrated solid waste management system is recommendable. First, the proponent should give priority to reducing waste at Source. This option will demand a solid waste management awareness program for the management, workers and the residents. Secondly, recycling, reuse and composting of the waste will be the second alternative in priority. This will call for a source separation program to be put in place. The waste will be sold to waste buyers within the project area or be collected by a private waste management company. The third priority in the hierarchy of options is combustion of the waste that is not recyclable though the reglations prohibit open burning of waste. Finally, sanitary land filling will be the last option for the proponent in areas provided with the facilities.
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CHAPTER 4: PUBLIC PARTICIPATION.
4.1 Legal Requirement
Section 17 of the Environmental (Impact Assessment and Audit) Regulations of 2003, requires that all E&SIA Studies incorporate Public Consultation (PC). The aim of the PC is to ensure that all stakeholders interested in a proposed project (including project beneficiaries and the general public in the vicinity of the proposed project) are identified and their opinion considered during project planning, design, construction, operation and decommission phase.
4.2 Objectives of Public Consultations
The main objective of the PC was to: • Inform the local administration (District Commissioners, District Officers, Chiefs, Assistant Chiefs, Councilors and Village Elders) and the departmental heads in the district about the proposed project;at the same time collect their views; • Provide an opportunity for all the stakeholders and communities in the proposed project area to raise issues and concerns pertaining to the project; and • Conduct the socio-economic survey.
4.3 Methodology and Data Collection
The field reconnaissance and detailed suurvey for Kisumu-Kakamega Road was conducted in mid March 2008 with the aimof: Collecting Baseline data and evaluating the state of environment Studying the administrative structure in the three districts traversed by the road project in order to formulate a data collection method Conducting introductory meetings at the District levels in preparation for the public participation. Gathering literature material from the District offices on the Development Plans and Socio-economic profiles. • Assessment of the available social, cultural and economic infrastructure.
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The initial field survey was followed with letters written to the District Commissioners of the two districts namely; Kakamega District and Lugari District of Western Province. The aim of the letter was to introduce the scope of the project t at the same time request for permission to conduct public participation with the District Environment Committee and the local populace. Copies of the letters sent to the DC’s are found in annex 4 of this document. The district administrative heads granted permission to conduct the study and a second and detailed site visit which incorporated public meetings was conducted from 25th June 2008 to 14th July 2008. A list indicating the number of meetings held during the site visit including their dates, time and venue of meetings is given in the table 4.3 below.
Table 4.3: A List Indicating the Schedule of Meetings held during the Site Visit
No./S Date Time District Point of Meeting 1. 26/06/2008 2p.m to 4p.m Lugari DC’s and D.O I Office 2. 3/7/2008 10a.m-12 p.mLugari D.O’s Office Matete Division 3. 8/7/2008 2.30-5p.m Kakamega North DC’s Office, Malava
4. 14/7/2008 2p.m-4p.m Kakamega East St. Agnes High School, Shinyalu
The agenda of the EIA meetings and Socio-Economic due diligence of the proposed project area was based on the scope of study outlined in the Terms of Reference developed by the Ministry of Roads as stated below
• Provision of wide footpaths along busy trading centers, market places and bridges. • Appropriate modifications of junctions affected by the project road improvement scheme • Study of the project area for drainage consideration and thus improvement • The impact of re-cycling options for the road works • Potential scour points such as steep ditch or channel gradient or side slopes • Existing and proposed materials sources
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• Effects of construction on water quality
The public participation revealed that the socio-economic impacts (positive and negative) of the project road on the communities living along it or the population dependent on it were similar throughout the road’s stretch. All the communities living along the road were optimistic on the benefits of the proposed road improvement project though some negative issues were also raised.
The major positive impact perceived by the community members was enhancement of transport thus attraction of business activities in the respective districts. Other positive impacts included increased accessibility to the social and economic facilities such as markets, schools, hospitals among others
The negative impacts raised were substantial but could be mitigated if an appropriate management, monitoring and implementation plan is drawn during project development and future maintenance. Some of the negative impacts raised included: • Relocation of business premises established on the road reserve. According to the data collected, this action will have to be undertaken with adqaute consultation as it might provoke the community members. Despite the fact that the community members conducting business on the road reserves knew the land belongs to KENHA, the stakeholders stated that affected parties should be informed as early as practically possible on the extent of road reserve to avoid surprises and loss of property which might result to disputes. The stakeholders proposed the keeping of clear records on the extent of damage the business premises will suffer due to the relocation • Abandonment of disused quarry-Community members lamented that this is a safety hazard to them and based on past experiences, the contractors had left open gulleys and destroyed lands without rehabilitation thus exposing community members especially children and animals to dangerous sites and increasing food insecurity. • Damage of roads leading to material sites-The community members stated that the use of exising access roads serving their localities by the road construction team normarlly leads to their destruction and according to past experience the road developers normally leaves the damaged access roads without rehabilitation. • Inappropriate construction of drainage structures or lack of drainage structures leading to flooding of farms-On this issue community members stated that normally the drainage
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structures are constructed and directed to one point and many atitmes to individual farms thus leading to destruction of crops or even flooding the whole area during rainy seasons. They recommended that the drains should be designed and constructed with several outlets so that minimum volume of run-off are directed to the farms so as to reduce water logging or alternatively they should be directed to water bodies. • Immigration of workers leading to cultural disorientation, eruption of diseases and other ill social vices. The community members stated that labour should be sourced from the locality as much as possible before supplementing with incoming labourers as this shall reduce immigration to the area and the vices associated with it. They added that manual work like excavation, vegetation clearing; stone pitching among others could be done by women, the youth and the male community members. They emphasized the need of employing women as they need the resources to run their households. • Lack of road supporting infrastructure like bus parks, markets, fly over, bumps, road marking among other which in turn lead to hawking and touting activities or the roads, frequent accidents among others. The community stated such infrastructure should be developed together with the project road. • Poor application of technology and management of raw materials especially handling of bitumen leading to air, water and soil pollution. They stated bitumen should not be melted in open public places as the emissions affect them and also damage their farm lands.
Minutes of the public participation and findings of each of the areas consulted is found under annex 6 of this report.
4.3. Deduction on information gathered during public participation
The public participation was comprehensively conducted with a wide section of the community members being consulted including the administration, business community, farmers and the general public. According to the comments issued by the community members the need of rehabilitating the road and, improvement of its associated support infrastructure is apparent. The road in its current state hinders the optimal exploitation of potentials areas in terms of business and agricultural productivity and posses a great hazard to the community members due to lack of drainage facilities, safety facilies among others.
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The consultants noted that the road carriage is adequate for most of the areas it traverse due to the low volume of traffic and recommended in order to make the community understand that with the current volume the road does not necessarily need horizontal alignment sanity and organization has to be brought to road use. It was noted that the main cause of overcrowding on the road is due to trading and hawking activities along the road, lack of lay bay, bus parks and bus stops at most trading centres. It is recommended markets, bus stops and PSV parking areas should be relocated away from the road. Strucutres to control encroachment and enforcement measures needs to be developed to prevent encroachment of the public on the roads.
It is also recommended that feautes to enhance safety should be designed and developed simultenously with the road especially at the junctions, black spots, steep areas, near institutions such as schools.
All resources to be sourced or shared by community should be done or shared in a humanly manner or under the guidance of appropriate regulations. It is advised consultations among the proponent/contractor, community administration and community members should be conducted if any major works that might lead to adverse impacts to the community.
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CHAPTER 5 BASELINE INFORMATION OF THE STUDY AREA
5.1 Introduction
This section gives the environmental and social profile of each district traversed by the Project. The proposed road is expected to bring more positive changes to the communities living along it in terms of improving level of communication with other parts of the country, ease of conducting business, access to markets, medical facilities, schools and other social facilities
5.2 LUGARI DISTRICT
5.2.1 Geographical Location and Size
Lugari District was carved out of the larger kakamega District in 1998. It is one of the eight districts in Western Province. The district occupies an area of 670.2 km2. The table below shows the administrative units of the district and the total area.
Table 5.2.1 Administrative units of Lugari district Division Area km2 Likuyani 302.0 Lugari 266.3 Matete 101.9 Total 670.2
5.2.2 Topography and Climate
General climate and rainfall pattern of Lugari District are of equatorial type. Temperatures vary between 60C and 230C in the high altitude areas and between 180C and 240C in low altitude areas. The rainfall pattern is bimodal with long rains occurring in March to September while the short rains are experienced in October to November. The average annual rainfall is between 1000mm and 1600mm.
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5.2.3 Population Size and Distribution
About 90 per cent of the district’s population lives in rural areas.Matete Division has the highest population density but Likuyani Division accounts for the largest share (42.25%) of the population. The district has a population growth of 3.8%. The table below shows population density by division.
Table 5.2.3: Population Size and Distribution of Lugari District Division Population Density Likuyani 99074 328 Lugari 87041 327 Matete 48421 475 Total 234536 350
5.2.4 Gender Inequalities
There are many beliefs that hinder the advancement of women relating to land ownership, control and access to productive resources, sharing of household chores and selling of the farm produce. The determinants of gender disparities in the district may include; culture, environment, economy and government policies among others. The gender concern in the district includes heavy workload for women and girls, and discrimination on land ownership by women and discrimination on access to credit facilities by women and youth.
Women generally have a heavy workload and work for longer hours than men. Women till the land but men get the proceeds. When the income of household is not properly utilized, this discourages the women and the family may lapse into poverty.
5.2.5 Economic Activities and Employment
The district depends on agriculture for its livelihood. It is the main source of income and employs about 90 per cent of the labour force. Therefore to exploit the full potential of the sector, efforts should be made to strengthen the delivery of services to farmers and improved infrastructure.
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The poverty level in Lugari District is about 57.37 percent. The division with the highest incidence of poverty is Matete. There are pockets of the poor in Lugari and Likuyani Divisions. The poor are mainly the squatters, landless and households headed by children and women. The depedancy ratio in the district is 100:104 which is relatively high.
5.2.6 Social Services and Community Facilities
Most of the existing social facilities lack basic services such as water, sanitation, electricity and solid waste disposal. The situation is particularly grim in the informal settlement. Social facilities such as schools are inadequate
5.3 KAKAMEGA DISTRICT
5.3.1 Geographical Location and Size
Kakamega district is one of the eight districts that make up Western Province. It lies between longitude 30032’ and 34057’ and east of the Prime Meridian and latitude 0007’ 30’’ north 0015’’ of the equator. The district has seven divisions and covers a total of 1394.8 km2.
5.3.2 Topography and Climate
The district experience bi-modal climatic conditions namely the long and short rains. Generally rains vary from 1000mm per annum in the northern part of the district to 2400mm in southern parts. Most rainfall received in the district comes in form of heavy afternoon showers with occasional thunderstorms.
The district has high temperature all the year round with slight variation in mean maximum and minimum range of 280c to 320c and 110c to 130c respectively. The mean annual evaporation ranges from 1600mm to 2100mm with high temperature average 22.50c. Rainfall average is 1737.5mm.
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5.3.3 Population Size and Distribution
The district has a population of 60, 3422 people in 1999 population and housing census, by 2008 projection reached 81,5409 persons. About fifty two percent (52%) of the Kakamega population comprise female. Female, male ratio is 100:93 and the dependency ratio is 100:108. Most people tend to settle around and within the town and the trading centure. Although Kabras division had the largest number of people in 1999 of (149510), municipal had the highest density of 1,485 persons per kilometers.
Annual population growth of Kakamega is estimated at 2.12%. The high population growth rate has negative effects on the social and economic development of the district. As a result of inceased population growth and high population density, the district experiences net out migration of about 17% to neighbouring district and provinces especially Lugari District and to the Rift Valley Province.
5.3.4 Gender Inequalities
The area is mainly agricultural and women provide most of the agricultural labour. However they do not have control or access to the benefits realized from the sale of crops.Domestic and social burden also fall on the women. They are expected to undertake all the domestic chores like fetching water and looking after the children in addition to feeding their families.
5.3.5 Economic Activities and Employment
Kakamega district has agriculture as the main economic activity. About 62% of the district population relies on agriculture. Both cash crops and maize for subsistence and commercial use is carried out in the district. Gold mining is being exploited in varioious parts of the district on small scale in Lirhembe, Sigalagala, Emalindi and Malinya area. The district has also diverse products for both locals and foreign tourists. Tourist attraction centers in the district include; Kakamega Forest, the crying stone, birds, bull fighting and traditional
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5.3.6 Land Use and Tenure
Land is extensively cropped and about 70% of the area is under maize cultivation both for commercial use and subsistence. 30% of the district land is on cashcrops mainly sugarcanein Lurambi, Kabras and Navakholo division. Tea is grown on small scale in Shinyalu and Navakholo division. Livestock rearing is another dominant land use in the district. Small scale farming is undertaken by subsistence farmers whose farm sizes are below 20 acres. Family used labour is 60% and 40% is hired.
The urban area takes up only 186.18% of the total area. The major town is Kakamega followed by market centre like Malava, Khayega, Shinyalu, Lubao among others and various small market centers scattered over the district. The land tenure system in the district is mainly freehold. There are pockets of trust land under the country council and municipal council. However the freehold land is continuously being sub-divided into small uneconomic units by families as sons seek ownership rights and some extent through sale to immigrants in the district.
5.3.7 Social Services and Community Facilities
Due to population pressure in the town, social amenities and sanitary facilities have been stretched beyond their capacity. Slums settlements in Kakamega town are in Maraba, Masinga. Service and scheme setted public commentary area (Makaburini) lack sanitary facility and have poor infrastructure.
5.3.8 Existing infrastructure Facilities
5.3.8.1 Roads
Most of the centers are well served with roads and other infrastructures necessary for industrialization.
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5.3.8.2 Water Supply
Access to water resources in the district is averagely 500m away and access to safe drinking water is 60% thus out of the total population only 436.718 people are accessible to safe drinking/ potable water. Water harvesting from rainfall is now being practiced in schools and the actual population doing the rain harvesting is about 2% of the population.
5.3.9 Flora and Fauna
Malava forest is a peripheral fragment of the contiguous Kakamega forest and had a total acreage of 719ha but has been progressively eroded to its current size of 100ha.the forest is a home to many wild animals including monkeys and baboons and bird species including snake-eating birds, Black and White Casqued Hornbills, Turacos, Pygmy Kingfisher, Jameson’s Wattle-eye, Yellow- crested Woodpecker, Red-breasted Owlet, Martial Eagle, Crowned Eagle, Bateleur.theforest also has several speciews of trees Elgon teak, red and white stink woods, varieties of Croton, Aniageria Altisima and several types of orchids of which some are as old as 100years.
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CHAPTER 6: POTENTIAL ENVIRONMENTAL IMPACTS
6.1 Introduction
This chapter outlines the potential negative and positive impacts that will be associated with the development of the proposed project. The impacts will be related to activities carried out during construction, operational, maintenance, commissioning and decommissioning phases of the project including activities carried out at the labour camps, contractors’ yard and other project development components.
The impacts of the project during each of its life cycle’s stages can be categorized into: impacts on the biophysical environment; health and safety impacts; and socio-economic impacts. For ease of reference, the impacts due to or affecting certain elements during maintenance works and operation are presented in a narrative form and summarized in a tabular form at the end of the chapter. Mitigation measures for the various impacts are described in Chapter 7, while management and monitoring of impacts are dealt with in Chapter 8. In general, environmental issues likely to be of concern during the construction phase of the project road include: • Air pollution due to noise, vibration and dustevolution ; • Ecological damage from the clearance of areas for maintenance camps, and storage of materials (fuel, lubricants and machinery); • Material sourcing and supply for the construction and maintenance works; and • Social disturbance caused by the construction team and maintenance team in futures.
These impacts shall have a positive or negative bearing and can bedirect or indirect. The magnitude of each impact is described in terms of being significant, minor or negligible temporary or permanent, long term or short term specific localised) or widespread, reversible or irreversible. These qualities are indicated in the assessment table below as follows:
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Symbol Type of impact Symbol Type of impact ++ Major positive impact + Major positive impact -- Major negative impact - Major negative impact 0 Negligible /zero impact nc No change sp Specific/localized W Wide spread R Reversible Ir Irreversible sh Short term L Long term T Temporary P Permanent Y Mitigation of negative impact/ N Mitigation of negative impact/ enhancement of positive ones is enhancement of positive ones possible is not possible
Table 6.1: Environmental Impact Levels and Mitigations.
Generally, temporary impacts having no obvious long-term consequences and are regarded as being minor. But those with long-term repercussions are classified as significant. Significant positive impacts are usually associated with improved access, which forms the prime objective of the road project.
6.2 Analysis of Anticipated Impacts Negative Environmental Impacts of Construction Activities
6.2.1 Extraction and Use of Materials
Road construction materials such as hard core, ballast, rough stone, gravel and water will be required for the construction activities and will be obtained from quarries, rivers and land. Since substantial quantities of these materials will be required for construction of the road, the availability and sustainability of such resources at the extraction sites will be negatively affected, as they are not renewable in the short term. In addition, the sites from which the materials will be extracted may be significantly affected in several ways including landscape changes, displacement of people, intrution into settlement, animals and vegetation, poor visual quality and opening of depressions on the surface leading to destruction of agricultural crops, several human and animal health impacts.
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6.2.2 Dust Emissions
During construction, the project will generate substantial quantities of dust at the construction site, diversions, material site and its surrounding. The sources of dust emissions will include excavation, construction, leveling works, and to a small extent, transport vehicles delivering materials. Emission of large quantities of dust may lead to significant impacts on construction workers and the local residents, which will be accentuated during dry weather conditions.
6.2.3 Exhaust Emissions
The trucks used to transport various building materials from their sources to the project site will contribute to increases in emissions of CO2, NO2 and fine particulates along the way as a result of diesel combustion. Such emissions can lead to several environmental impacts including global warming and health impacts. Because large quantities of materials are required, some of which shall be sourced outside the districts, emissions released can be enormous and may affect a wider geographical area. The impacts of such emissions can be greater in areas where the materials are sourced and at the construction site as a result of frequent gunning of vehicle engines, frequent vehicle turning and slow vehicle movement in the loading and offloading areas.
6.2.4 Noise and Vibration
The construction works, delivery of materials by heavy tucks and the use of machinery/equipment including bulldozers, generators, grinders, mixers, compactors and crushers, drills will contribute high levels of noise and vibration within the construction site and the surrounding area. Elevated noise levels within the site can affect project workers and the residents, passers-by, domestic animals, wildlife and other persons within the vicinity of the project site.
6.2.5 Risks of Accidents and Injuries to Workers
Because of the intensive engineering and construction activities including grinding and cutting, masonry work, among others, construction workers will be exposed to risks of accidents and injuries. Such injuries can result from accidental falls from high elevations, injuries from hand
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6.2.6 Clearance of Vegetation
There will be little realignment of the project road thus minimum vegetation clearance. Some section requiring deviation will require clearance of bushes which will lead to disruption of animal’s ecosystems, death of animals among others.
6.2.7 Increased Soil Erosion
The area has been exposed to massive erosion and structures need to be developed to reduce soil erosion during road construction. Soil erosion leads to sediments loading and silting water sources, reduction in river/stream flows upon abstraction or siltation, expose aquatic life to risks and depleted oxygen levels, affects wildlife watering location, destruction of river banks and basin
6.2.8 Waste Generation
Large quantities of solid waste will be generated at the site during construction of the road and related infrastructure. Such waste will consist of excavated materials, vegetation, metal drums, rejected materials, surplus materials, surplus spoils, paper bags, empty cartons, waste oil, waste bitumen, among others. Such solid waste materials can be injurious to the environment through blockage of drainage systems, choking of water bodies and negative impacts on human and animal health. This may be accentuated by the fact that some of the waste materials contain hazardous substances such as waste oil, solvents, while some of the waste materials including metal cuttings and plastic containers are not biodegradable and can have long-term and cumulative effects on the environment.
Stored materials shall also generate waste in form of oil spills form storage tanks, filling platforms and transfer tanks
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6.2.9 Energy Consumption
The project will consume fossil fuels (mainly diesel) to run transport vehicles, generators and construction machinery. Fuel such as firewood would be required in large quantities. Fossil energy is non-renewable and its excessive use may have serious environmental implications on its availability, price and sustainability.
6.2.10 Contamination of environment
Contamination of soil, water and air might take place during the road construction process. Soil contamination can occur through aerial deposition and spills of road related pollutants; asphalt residual, erosion by wind and storm water this will lead to silting and development of gulley and depressions. Air quality will be reduced due to generation of dust, hydrocarbon emissions nitrogen oxide, sulphur oxide and particulate matter from machineries. Noise generation from machinery, equipment and increased traffic will also lead to disturbance of community members, scare domestic and wild animals. Water will be contaminated due to siltation of water pans, rivers; deposit of construction residual materials (asphalt, cement, oil, hydrocarbons, spoils etc). The hydrological patterns will also be affected with increased flows from collection drains and surface run off from the roads. The water quality is also likely to change in terms of turbidity, hydrocarbon levels, silt, suspended solids, organic matter etc. Hydrocarbons levels at water sources shall increase due to spillage and deposit of oil residue from pumping machines and water transportation tankers this will lead to damage of river banks and basin near points of abstraction, transfer of hazardous material into aquatic and human systems leading to health risk
6.2.11 Increased demand of sanitary facilities
Construction workers will require sanitary facilities while working in the field and other withdrawn areas leading to pollution of the environment.
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6.2.12 Repairs and maintenance of vehicles and machinery
A project of such magnitude will have a number of heavy machinery, vehicles and equipments which will require repairs and maintenance including washing. This will lead to spillage of oil during changing and repairs, generation of waste like engine filters, grease, scrap materials, pollution of rivers among others.
6.2.13 Water Use
The construction activities will require large quantities of water that is not easily available in the area. Excessive water use may negatively impact on the water source and its sustainability.
6.2.14 Interference with business and daily activites during demolition Demolition of structures on the road reserve will lead to interference with business activities and basic earning. Most of these businesses acquire loans from relatives and micro finance, banks operating in the country to stock merchandise.
6.2.15 Interference with with Wildlife
Kakamega –Webuye road traverses though Malaba forest which is rich in wildlife especially the monkeys which were seen roaming along the road reserve and thus shall be exposed to several risks and hazards along the road.
6.3 Positive Environmental Impacts of Construction Activities
6.3.1 Increased Security in the area
Since security will be beefed up during construction this will reduce the number of invasion by bandits in the area.
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6.3.2 Creation of Employment Opportunities
Several employment opportunities will be created for road construction workers during the construction phase of the project. This will be a significant impact since unemployment is currently quite high in the area and country at large.
6.3.3 Provision of Market for Supply of Materials
The project will require supply of large quantities of materials most, of which will be sourced locally in and the surrounding areas. This provides ready market for material suppliers such as quarrying companies, hardware shops, car spares and local individuals with such materials.
6.3.4 Reduce costs of Road Maintenance
Use of gravel to rehabilitate the project road is considered very expensive due to rate of wear of the materials used due to wind, usage, rain among other factors
6.3.5 Improved Drainage and Road Safety
If the road is designed and constructed to required standards, the drainage and road safety issues being faced by community shall considerably reduce.
Rehabilitation of material sites will increase available land for other uses and also reduce negative impacts being experienced due to abandoned sites.
6.3.6 Increased Business Opportunities
The road will improve the Social and Economic status of the area by opening up the area to the outside market for export and import of available goods and services. The project will also lead to spurring economic and social development by providing vital links between centers of production and markets for agricultural products, tourism, and enhance people’s access to employment, and a wide range of social services including health, education, recreation and others. Other benefits to the community shall include: employment and income opportunities, improved delivery of goods and services, efficient public transport, easy assess to the area and its
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The development shall enhance equity and balance by facilitating the flow of goods and services from the surplus zones to deficit ones and thereby enhancing equitable distribution which will in effect reduce, stabilize and level the prices of goods and services.
The large number of project staff required will provide ready market for various goods and services, leading to several business opportunities for small-scale traders such as food vendors around the construction site.
6.4 Negative Environmental Impacts of Operational and Maintenance Activities
6.4.1 Immigration of workers
The project road will attract large number of immigrants to the community which might affect the social and cultural status of the area in terms of use of drugs, illicit brewing, increased or mushrooming of drinking dens and bars, increased in unwanted pregnancies, diseases, molestation of young boys and girls, early marriages, family disputes and conflicts
Incoming immigrants will also take up jobs that would have otherwise been given to the local community members. Increased population shall also exert pressure on exiting resources including water, firewood, building materials, food sources among others.
Enhanced social interaction with the construction employees, most of whom are likely to come form other parts of the country, with the residents (considering the influence of money) is a potential avenue for transmission of HIV/AIDS and other social infections.
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6.4.2 Solid Waste Generation
The camp sites will be a source of enormous amounts of solid waste during its operation phase. The bulk of the solid waste generated during the operation of the camp will consist of paper, plastic, glass, metal, textile and organic wastes. Such wastes can be injurious to the environment through blockage of drainage systems, choking of water bodies and negative impacts on animal health. Some of these waste materials especially the plastic/polythene are not biodegradable may cause long-term injurious effects to the environment. Even the biodegradable ones such as organic wastes may be injurious to the environment because as they decompose, they produce methane gas, a powerful greenhouse gas known to contribute to global warming.
6.4.3 Increased Storm Water Flow
The camp roofs and pavements shall increases volume and velocity of storm water or run-off flowing across the area covered by the buildings or tents at the contractor’s yard or labour camps
6.4.4 Increased Demand for Sanitation
The camp site will require sanitary facilities for the labourer living their. Most of the project area has no water borne sanitation and accompanying sewerage system and need of developing an integrated sewer network with septic tank or effluent collection and management system will be required.
6.4.5 Energy Consumption
During operation, the occupants of buildings/camps and their daily activities will use considerable amounts of energy mainly for running electrical gadgets, machines, lighting, cooking, running of air conditioning equipment, running of refrigeration systems, pumping water into reservoirs among other activities. Since electricity generation involves utilization of natural resources, excessive electricity consumption will strain the resources and negatively impact on their sustainability.
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Since most of the project area is not adequately served with electricity and due to high costs of fossil fuels other sources of fuel like biomass e.g wood, bagasse might be exploited including rrenewable energy solar.
6.4.6 Water Use
The activities carried out during the operation phase of the project shall involve the use of large quantities of water.
6.4.7 Increased informal settlement
The labour camps will attract people seeking secondary employment as domestic workers and small scale traders. These will turm increase development of informal settlement which will in turn stimulate insecurity, poor sanitation, and contamination of water, soil, and natural environment
6.4.8 Increased pressure in the area
The road will ease movement in the area which shall expose the conservation areas to natural resources exploitation, poaching and banditry. Increased visitation and tourism will lead to increased desire of land by local people and visitors. The road may set precedence for cultural diffusion and imbalance thereby weakening the society social-fabric and interrelationship The road shall also affect political scene negatively where those involved to gain mileage and/to to check competitors. The road will shock the local economy by transforming it from subsistence market economy whose control may raise unwarranted competition and clashes among local and foreign entrepreneurs.
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6.4.9 Increased accidents and death of animals
If appropriate speed regulating devices and signage are not used along the road, road ethics and adherence not enforced, increased accidents will be witnessed within the area which shall also affect the wildlife and domestic animals roaming the area.
6.4.10 Interference with Traffic Flow
If road maintenance activities are not well planned and organized it will interfere with traffic flow leading to accidents and other negative impacts related to road development. 6.5 Positive Environmental Impacts of Operational Activities
6.5.1 Provision of markets to local goods
The workers living at the camps will provide business to the local traders; provide employment domestic related activities, management agents, caretakers, cleaners, security personnel and technicians.
6.5.2 Revenue to National and Local Governments
Through payment of relevant taxes, rates and fees to the government and the local authority, the project, traders and businessmen will contribute towards the national and local revenue earnings.
6.5.3 Reduction in poverty
Poverty shall be reduced through improved economic performance
6.5.4 Improved Security
Security will be ensured during the road construction and thus improve the overall security of the area.
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6.6 Negative Environmental Impacts of Decommissioning Activities
6.6.1 Solid Waste
Demolition of the project including the road, camps, equipments and fixtures at contractors yard and related infrastructure will result in large quantities of solid waste. The waste will contain the materials used in construction including concrete, metal, cement, bitumen, oil, sealants and fasteners. Although demolition waste is generally considered as less harmful to the environment since they are composed of inert materials, there is growing evidence that large quantities of such waste may lead to release of certain hazardous chemicals into the environment. In addition, even the generally non-toxic chemicals such as chloride, sodium, sulphate and ammonia, which may be released as a result of leaching of demolition waste, are known to lead to degradation of groundwater quality.
6.6.2 Dust
Large quantities of dust will be generated during demolition works. This will affect demolition staff as well as the neighboring residents.
6.6.3 Interference with road users
Decommissioning will interfere with road users and even lead to destruction of natural ecosystem due to diversion and off the road drives.
6.6.4 Noise and Vibration
The demolition works will lead to significant deterioration of the acoustic environment within the project site and the surrounding areas
6.6.5 Increased waste water
Demolition of supply lines will lead to increased waste water and interference with other community members.
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6.7 Positive Environmental Impacts of Decommissioning Activities
6.7.1 Rehabilitation
Upon decommissioning the project, rehabilitation of the project site will be carried out to restore the site to its original status. This will include replacement of topsoil and revegetation that will lead to improved environmental status including visual quality of the area.
6.7.2 Employment Opportunities
Several employment opportunities will be created for demolition staff.
Table 6.7.2: Level of anticipated Environmental Impacts during proposed the development Causes of Impacts Construction Maintenance Work Work Operation Remarks Mitigation Mitigation Mitigation The existing road has already altered the hydrology of the areas Changes in -Ir P Y -Ir T Y + because runoff is channeled hydrology drainage through culverts and roadside drains. The flow of runoff will be altered temporary during the construction works process due to blocked drains and culverts. Provision of culverts in certain areas has been proposed in the design. A review of the design and positioning of existing culverts will be made to ensure no future blockage by siltation and plant overgrowth that will impede water flow. As a result drainage will be improved for all
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the selected project access roads. Soil erosion Construction and maintenance works (Gravelling and creation of -R Y -L sp Y - Y gravel pits); and deviations will have an impact on soil erosion. Incorporating appropriate soil conservation measures and proper drainage facilities during maintenance works would mitigate impacts during operation. During operation, maintenance of structures would also prevent soil erosion.
During construction and Pollution --Ir T maintenance works, there will be air -sh Y --Ir T Y --Ir T Y air dust and noise pollution, but dust --Ir T Y --Ir T Y this will be temporary in nature. nosie --Ir T Y --Ir T Y The dust raised during oil wastes sediment Y --Ir L Y construction and maintenance loads works hinders pollination in plants and causes respiratory problems. During operation, air, noise, dust and oil waste pollution will affect market centres, settlements/households along the road. Pollution due to sediment loads (apart from soil) will not be a problem during operation.
Mitigation is possible through consideration on the part of the contractors and motorists,
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or legal enforcement.
Loss of crops -P Y -sp P Y -sp Y Any crops on the road reserve will be cleared during construction and roads maintenance works.
Materials sites -R Y -R P Y --R P Y Negative impacts such as soil erosion loss of crop productivity, hazards to children and livestock, water accumulating in the pits providing breeding ground for mosquitoes and other water based pests may result from pits and quarries. Quarries will be backfilled/ Fenced and redeveloped into safe grounds.
Wetlands The study showed that a number -Ir P Y -Ir T Y -sp W Y of wetlands of significance value (Mbale) will be affected by the proposed road upgrading project and during the operation of the road.
Forests - L Y -L Y -sp P Y The study has established that the proposed road construction and subsequent maintenance works might have significant effects on vegetation through use of fuel wood, likely routes to material sites etc
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Water resources P Y -Ir Y -Ir Y The region is has a rich catchment area with numerous rivers and springs which flow year round. There will be adequate water resources to cater for all the communities and construction requirements in most areas of the project road
Wildlife There are a number of wildlife -sp/P Y -sp Y -sh Y species found within this region in Malaba forest. There will be disturbances to wildlife during road works. Mitigation measures to be undertaken will include the placement of warning signs and raising awareness among the construction workers and all road users when working near the animal habitats.
Vegetation/flora -R Y -P R Y O It is considered that vegetation overgrowths into the road will be cleared. The natural vegetation to be cleared is not regarded as having any special conservation significance. However, clearing activities could encourage soil erosion. It is proposed that planting of beautification trees be undertaken along the roads especially near settlements and
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centres so as to enhance environmental quality
Fauna -P sp Y -P ir Y 0 It is considered that bush clearing activities may disturb small animals and birds and their homes/nesting sites. It is proposed that any clearing should be done with the utmost consideration for rare animal species. Therefore there should be no uncontrolled clearing activities. Settlements/induced settlements -sp P Ir Y -P Ir Y -P Ir Y During construction and maintenance works there will be temporary disturbance due to noise and dust. These impacts will continue to occur during operation. There could be upsurge in induced settlements along the road on approach to the trade centers and at the major junctions. Chiefs and local councilors should monitor the development of settlements along the road through awareness campaigns and enforcement of proper land use planning regulations. Employment opportunities ++T ++T The local people will benefit from temporary employment during the construction and maintenance
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phases. This will boost their micro economies.
Workmen’s camp +T Y +sh Centers along proposed road will experience boom in business because of the workforce However the presence of the camp is likely to lead to increased demand for water and fuel wood hence straining the local communities. Solid waste disposal and sanitation problems will be an issue. Workmen’s camp should preferably be located at urban centers where services are available.
Public health -W L P Y -P Ir W Y -P W Ir Y During construction, maintenance and operation increased noise and air pollution from exhaust fumes shall impact negatively on public health. Workers on road projects and truck drivers are associated with the spread of sexually transmitted diseases. For mitigation purposes, awareness campaigns in centers and at the workmen’s camp coupled with better access to health facilities in health centers across the three districts would be sufficient remedy.
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CHAPTER 7: IMPACTS MITIGATION AND MONITORING
7.1 Introduction
This chapter highlights the necessary mitigation measures that will be adopted to prevent or minimize significant negative environmental, health and safety impacts associated with the activities of the project during its construction, operation and decommissioning phases. Allocation of responsibilities, time frame and estimated costs for implementation of these measures are presented in the environmental management program (EMP) in Chapter 8.
7.2. Mitigation of Construction Phase Impacts
7.2.1. Efficient sourcing and Use of Raw Materials
The proponent will source building materials such as gravel, sand, ballast and hard core at the project locality.Consultation should be held with the community members and their representatives on the best sites to source materials and rehabilitation measures should be agreed. Sites to be selected should have minimum negative impacts on access to water points, breeding, feeding and wild animals’ paths. It is recommended Environmental Impact Monitoring should be conducted for such activities or consultation with District Environment Officers/Site Environmental Officer be conducted to ensure environmental conservation and rehabilitation after use. The contractor should ensure application of acceptable environmental performance standards and that the negative impacts of their activities at the extraction sites are considerably well mitigated.
To reduce the negative impacts on availability and to ensure sustainability of the materials, the proponent should only extract what will be required through accurate budgeting and estimation of actual construction requirements. This shall ensure that materials are not extracted or purchased in excessive quantities. moreover, the proponent will ensure that wastage, damage or loss (through run-off, wind, etc) of materials at the construction site is kept minimal, as these would lead to additional demand for and extraction or purchase of the materials.
In addition to the above measures, the proponent should consider reuse of excavated materials and use of recycled materials. This will lead to reduction in the amount of raw materials extracted
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7.2.2. Minimization of Vegetation Disturbance
Clearance of part of the vegetation at the project site to pave way for road construction will take place in some sections requiring realignment or deviation. However, the proponent should ensure proper demarcation of the project area to be affected by the construction works so as to reduce spill over effects to neighbouring areas. In the same vein, there should should be strict control of construction vehicles to ensure that they operate only within the area allocated with access routes and other works; deviation works should be confined close to the road or within reserves to avoid spread of vegetation destruction; avoid encroachment into rivers/streams, flood plains and banks; replace vegetation on the reserve upon completion of construction.
7.2.3. Minimization of Run-off and Soil Erosion
The proponent should put in place measures aimed at minimizing run-off and spillover effects to neighbouring land during rainy season or when wet activities are being conducted on the site. These measures will include clearing the project site of excavated materials or protect excavated sections from storm water, avoid excavation through flood plains or into stream banks, creating proper channels for waste water and solid waste disposal, develop emergency measures and procedures for protection of soils and streams downstream, design adequate culverts to accommodate peak flows; stabilize cut-surfaces with gabions, concrete walls, vegetation etc; identify locations with sub-surface water streams before cutting, direct all surface runoff into existing natural drains and stabilize the drains downstream, culverts and drains to accommodate peak runoff from the catchments, excavations should not encroach onto streams, flood plains, stream banks or springs
7.2.4. Minimization of Construction Waste
It is recommended that construction waste be recycled or reused to ensure that materials that would otherwise be disposed of as waste are diverted for productive uses. In this regard, the proponent should be committed to ensuring that construction materials left over at the end of construction is used in the same or other project rather than being disposed of. In addition,
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The proponent should put in place measures to ensure that construction materials requirements are carefully budgeted and to ensure that the amount of construction materials left on site after construction is kept minimal. It is further recommended that the proponent should consider the use of recycled or refurbished construction materials including of those excavated from existing road. Purchasing and using once-used or recovered construction materials will lead to financial savings and reduction of the amount of construction debris disposed of as waste.
Additional recommendations for minimization of solid waste during construction of the project include:- i. Use of durable, long- lasting materials and equipments that will not need to be replaced as often, thereby reducing the amount of construction waste generated over time ii. Provision of facilities for proper handling and storage of construction materials to reduce the amount of waste caused by damage or exposure to the elements of weather iii. Purchase of perishable construction materials such as cement incrementally to ensure reduced spoilage of unused materials iv. Use of construction materials that have minimal packaging to avoid the generation of excessive packaging waste v. Use of construction materials containing recycled content when possible and in accordance with accepted standards.
7.2.5. Reduction of Dust Generation and Emission
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Dust emission during construction should be minimized through strict enforcement of on site speed controls as well as limiting unnecessary traffic within the project site. In addition, it is recommended that some dust generating activities be carried out in wet weather; and non- tarmaced paved traffic routes within and without the project site be dowse with water regularly to reduce amount of dust generated by the construction trucks.
7.2.6. Minimization of Exhaust Emissions
This shall be achieved through proper planning of transportation of materials to ensure that vehicle fills are increased within axlae weight limits in order to reduce the number of trips or the number of vehicles on the road. In addition truck drivers will be sensitized to avoid unnecessary racing of vehicle engines at loading/offloading areas, and to switch off or keep vehicle engines off at these points.
It is recommended apart from the management procedures on the impact, cleaner production mechanism and pollution abatement technological devices need to be installed in the road construction equipments and machinery. The devices need to be checked on their efficiency in combustion, capability to use cleaner fuels and installed with emission control devices. Quality control of ambient air should be conducted to ensure conformance with existing standards.
7.2.7. Minimization of Noise and Vibration
Noise and vibration should be minimized in the project site and surrounding areas through sensitization of construction truck drivers to switch off vehicle engines while offloading materials. In addition, they should be instructed to avoid gunning of vehicle engines or hooting especially when passing through sensitive areas such as churches, residential areas and hospitals. Construction machinery shall be kept in good condition to reduce noise generation. It is recommended that all generators and heavy duty equipment be insulated or placed in enclosures to minimize ambient noise levels, construction activities to be conducted during the day when working near residential areas and animal habitats, excavation to be undertaken with ordinary earth movers any explosive blasting be applied under supervision, ensure good maintenance of vehicles and equipment
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7.2.8. Occupational Health and Safety
The proponent should ensure adherence to the occupational health and safety rules and regulations stipulated in Occupational Health and Safety Act (Cap 513). In this regard, the proponent should be committed to provision of security, insurance of both personnel and equipment, train and develop capacity especially for inexperienced labourers/workers or newly purchased equipments, compensate for losses and injuries, provide appropriate personal protective equipment, as well as ensuring a safe and healthy environment for construction workers as outlined in the EMP.
Other critical practices to ensure and enhance safety are: evaluation of risks, inform community members along project route on project schedule and activities, workers should be trained on health and safety procedures, reflective signage should be installed for safety of road users, keep public away from material sites, area inhabited by wild animals should be marked and communicated to construction workers, collaborate with KWS for safety aspects within conservation areas and their buffer zones, provide appropriate slip roads in towns and bus stops for enhanced road safety (especially within the settled parts), provide adequate stream crossing to enhance safety. Initiative should be taken to conduct public awareness and sensitization campaign on safety aspects related to the road project.
7.2.9. Reduction of Energy Consumption
Ensure proper planning of transportation of materials this will ensure that, fossil fuels (diesel, petrol) are not consumed in excessive amounts. Complementary to these measures, the proponent should monitor energy use during construction and set targets for reduction of energy use. Alternative sources of energy such as solar, bio-diesel, LPG, LNG which emit less pollution should be considered. Destruction of forest for wood fuel should be avoided and alternatives like bagase (from sugar-cane factories) , solar should be used where needed.
7.2.10. Minimization of Water Use and pollution of water causes
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The proponent shall ensure that water is used efficiently at the site by sensitizing construction staff to avoid irresponsible water usage. No solid waste, fuels/oil should be discharged into drains and streams. Avoid washing construction equipments and trucks in water resources.
7.2.11. Provision of Sanitary Facilities
The proponent should ensure that sufficient water and portable toilets are provided to construction workers throughout the project period. The disposal site for the effluent should be identified and approved by the Environmental Officer and local authority.
7.2.12. Development of the Garages and Waste Oil Handling facilities
The proponent should develop vehicle and equipment repair section equipped with proper waste oil handling and recovery facilities including water/oil separator, dust bin etc
7.2.13. Rehabilitating and Mending up activates
All material excavated sites should be rehabilitated or put in positive use to benefit the community. The disused quarries can be used as water pans or converted to parks among other function.
7.2.14. Waste Water and Efflent Management
The contractor should develop appropriate measures to ensure all waste water is treated, handled and disposed appropriately to avoid contamination of water bodies (both open and underground), soils and farm lands. Measures like development of garages for repairs, management of waste oil, development of car washing facilities, oil spills management among others should be incorporated in the project.
7.2.15. Minimisation of forest biodiversity disturbance and vehicle-animal collision and
Since the proposed project traverses a protected forest area and an active animal corroidor, cost- efficient and effective mitigation measures to ensure the protection of the biodiverty within the
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forest, the animals and ensure traffic safety, is to construct several speed bumps or ramps along the segment of the road (2km) cutting through the forest, post appropriate signage advising travellers that the area is a wildlife corridor, conduct continous monitoring and enforcement of penalties to ensure that construction camps and borrow pits are located far from the forest area, and that water abstraction and disposal of construction waste is not undertaken within the forest area. In addition efforts must be taken to ensure that no fuelwood for the project or associated facilities such as camps are taken from the protected forest area.
7.2.16. Minimisation of accidents along the road ` It was noted that accidents along the project road are high especailly in the busy town areas and the market/tradings centres. It is therefore recommended that all safety components indicated in the design drawings be impelemented and where they are found not to be adequate they should be reveiced by the Resident Engineer and the contractor to ensure they reduce road use related risks. The key design related safety measures to be considered include speed breakers, paths for pedestrians, motorized two wheel transports and non-motirsed two wheel transport.
7.2.17. Continuous Monitoring and Consultation
The proponent should develop a methodology of continuous monitoring, consultation and record keeping. The methodology should have indicators of change and progress which shall be recorded for future references. The monitoring reports should be circulated to relevant organizations such as NEMA as required by the law.
7.3. Mitigation of Operation Phase Impacts
7.3.1. Social Impact
Immigration of workers should be controlled through employment of locals. Local capacity building should be conducted to prepare them for challenging assignment. Reduce sizes of labour camp by allowing locals to live at their homes if possible. To reduce vices induced by immigrating labourers, avoid setting up camp sites near trading centers as this normally increases incidence of illicit behaviour.
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Community members should be encouraged to report any ill vices and eye soaring behaviours to the local cultural or community development officers. Sensitize workers on HIV/AIDS and develop Information Education and Communication (IEC) programmes on the projects social impacts including HIV/AIDS and train community members to conduct awareness and training programmes in the project area with the help of the project team. Programmes should include: • Provision of counseling and testing for HIV/AIDS to incoming construction personnel; • Strengthening of advocacy through awareness training in HIV/AIDS and other STDs; including encouraging the use of preventive measures like condoms and • Avail condom dispensers to construction staff
Conducted consultation to ensure shared resources between construction workers and locals does not lead to conflict.
7.3.2. Ensuring Efficient Solid Waste Management
The proponent will be responsible for efficient management of solid waste generated by the project during its operation. In this regard, the proponent should provide waste handling facilities such as waste bins and skips for temporarily holding of domestic waste generated at the site. In addition, the proponent will ensure that the waste is disposed off regularly and appropriately. It is recommended that the proponent puts in place measures to ensure that the occupants of the labour camps manage their waste efficiently through recycling, reuse and proper disposal procedures.
7.3.3. Minimization of Sewage Release
The proponent should ensure that there are adequate means for handling the large quantities of sewage generated at the labour camp. It will also be important to ensure that sewage pipes are not blocked or damaged since it can lead to release of the effluent to the environment, resulting in land and water contamination. Such blockages or damages should be fixed expeditiously.
7.3.4. Ensure Efficient Energy Consumption
The proponent shall ensure that energy-efficient lighting systems are installed at the camp. This will contribute immensely to energy saving during the operational phase of the project. In
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7.3.5. Ensure Efficient Water Use
The proponent should install water-conserving automatic taps and toilets flashing systesm. moreover, any water leaks through damaged pipes and faulty taps should be fixed promptly by qualified staff. In addition, the occupants of the camps should be sensitized to use water efficiently.
7.3.6. Environmental Pollution and Contamination
All measures should be put in place to avoid environmental pollution and contamination. Oil spillage management measures should be put in place including use of bio-diesel or manual water pumps at water courses; materials should be covered to avoid pollution caused by elements of weather such as wind, rain etc; enclose asphalt preparation plants and materials transfer facilities, smoking equipments and trucks should be installed with pollution control devices including filters, catalysts etc; control leakages during maintenance, fuelling and cleaning of vehicles and construction equipment; noisy equipments should be installed with silencers or demarcated to facilitate control noise propagation; proper drainage and erosion structures should be developed to reduce effects of erosions; contaminated soils should be stabilized before disposal, control dumping of oil residuals, asphalt, and engine parts; hold top soils from material sites for rehabilitation; stabilize cut sections, fills and quarries. Professional handling of pollution point sources along the route is necessary and decommission of the potential point sources of pollution along the route is also necessary.
Quality control of rivers should be conducted at river crossing and downstream; ensure culverts are kept clear at all times and channeled into natural drains, control soil loss from road corridor through storm water flows, introduce appropriate vegetation in the project area and compel road users to take responsibility of their own pollutants through collaboration with relevant authorities.
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7.3.7. Health and Safety
The local community are not used to having high speed lanes and extra precaution needs to be taken to ensure safety in the area by installing adequate road signage, marked speed breakers at points with high population density, provide clear “zebra crossing” marks at high population areas, collaborate with other departments on enforcement of road safety regulations and on HIV/AIDS awareness programmes.
7.3.8. Social and Economic Impacts
Establish in-house self audit for the road and install and maintain appropriate road safety furniture for enhanced safety, sensitize residents on road reserve boundaries, initiate a continuous economic evaluation of the road and strengthen social linkages and family kinship.
7.3.9. Road Drainage
Road drainage structures such as culverts, drainage system, bridges, road surface damages, reserve encroachment and flood control structures should be developed simultaneously with the project road and continuous management carried out during maintenance and operation to ensure safety on the road is maintained.
During maintenance motorists should be alert on any repair works within adequate distance, give clear information to motorists of any partial or full road blockage during repair works, replace damaged road signage and other safety installations on time, ensure drains and crossing are kept clear to avoid flooding, establish alternative traffic plans at blocked sections of the roads, monitor encroachment to the road reserves, involve riparian landowners in maintenance of adjacent road sections, adopt principle of Road 2000 Initiative. 7.4. Mitigation of Decommissioning Phase Impacts
7.4.1. Efficient Solid Waste Management
Solid waste resulting from demolition or dismantling works will be managed as described in Section 7.2.4.
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7.4.2. Reduction of Dust Concentration
High levels of dust concentration resulting from demolition or dismantling works will be minimized as described in Section 7.2.5.
7.4.3. Minimization of Noise and Vibration
Significant impacts on the acoustic environment will be mitigated as described in Section 7.2.7.
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CHAPTER 8: ENVIRONMENTAL MANAGEMENT/MONITORING PLAN
8.1 Introduction
The proposed project activities shall have impacts on the biophysical environment, health and safety of its employees and, members of the public, and socio economic well being of the local residents; thus, focus should be on reducing the negative impacts and maximizing the positive impacts associated with the project this activities through a program of continuous management, monitoring and improvement.
An Environmental Management/monitoring Plan has been developed to assist the proponent and the project management team in mitigating and managing environmental impacts associated with the life cycle of the project. The EMP has been developed to provide a basis for an Environmental Management System (EMS; ISO 14001 principles) for the project. It is noteworthy that key factors and processes may change through the life of the project and considerable provisions have been made for dynamism and flexibility of the EMP. As such, the EMP will be subject to a regular regime of periodic review. Tables 8.2, 8.3 and 8.4 form the core of this EMP for the construction, operational and decommissioning phases of the road development project. In general, the Tables outline the potential safety, health and environmental risks associated with the project and detail all the necessary mitigation measures, their financial costs, as well as the persons responsible for their implementation and monitoring. The EMP will be used as checklist in future environmental audits.
8.2 Construction and operational Phase EMP
The necessary objectives, activities, mitigation measures, and allocation of costs and responsibilities pertaining to prevention, minimization and monitoring of significant negative impacts and maximization of positive impacts associated with the construction and operational phases of the road development project are outlined in table 8.2 below.
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Table 8.2 Environmental monitoring/Management plan for the construction phase
Expected Negative Responsible Party Recommended Mitigation Measures Time Frame Cost (Kshs) Impacts 1. Source construction materials from sites closer to Contractor, RE, Throughout project implementation sections to reduce impacts KENHA, EO construction period due to long distance travel 2. Ensure accurate budgeting and estimation of actual construction material requirements to ensure Contractor, RE, Throughout High Demand of Raw that the least amount of material necessary is KENHA construction period 20,000 per month material ordered. 3. Ensure that damage or loss of materials at the construction site is kept at minimal through proper Contractor, RE, Throughout storage KENHA construction period
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Expected Negative Responsible Party Recommended Mitigation Measures Time Frame Cost (Kshs) Impacts 3. Use at least 7% recycled refurbished or salvaged materials to reduce the use of raw materials and divert material from landfills/disposal sites Contractor, RE, Throughout especially use of excavated rocks at Kulamawe as KENHA construction period base material
4. Ensure exhaustion of work at one site and its Contractor, RE, Throughout rehabilitated or conversion to positive use before KENHA, construction period moving to another 5. Hold top soils and vegetation matter near Contractor, RE, Throughout quarries for backfilling KENHA, construction period 6. Continuous consultative meetings with Contractor, RE, Throughout stakeholders KENHA, EO construction period 1. Avoid disturbance of areas not be used for project development; design and implement an Contractor, RE, Vegetation and Animal appropriate landscaping programme to help in KENHA, EO, 2 months Ksh.1 m disturbance vegetating part of the project area after Landscape specialist construction.
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Expected Negative Responsible Party Recommended Mitigation Measures Time Frame Cost (Kshs) Impacts 2.Work closely with KWS to avoid disturbing wild Throughout animals and exposing them to danger especially Contractor, RE, construction at the around Malava Forest where monkeys are always on KENHA, EO, section the road 1. Surface runoff and water should be harvested and Contractor, RE, 2 months stored in open /underground reservoir for reuse. KENHA, 2. A storm water management plan that minimizes 10,000 per unit impervious area infiltration by use of recharge areas Contractor, RE, Increased storm water, 1 month and use of detention and/or retention with KENHA, EO runoff and soil erosion graduated outlet control structure is recommended. 3. Site excavation works to be planned such that a Throughout Contractor, RE, section is completed and rehabilitated before construction period 10,000 per unit KENHA, EO another section begins. 1. Use of an integrated solid waste management Increased solid waste system i.e. through a hierarchy of options: 1. Source Contractor, RE, Throughout 200,000 per month generation reduction 2. Recycling 3.Composting and reuse 4. KENHA, EO construction period Combustion 5. Sanitary land filling.
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Expected Negative Responsible Party Recommended Mitigation Measures Time Frame Cost (Kshs) Impacts 2. Through accurate estimation of the sizes and quantities of materials required, order materials in the sizes and quantities they will be needed, rather Contractor, RE, One-off 0 than cutting them to size, or having large quantities KENHA, EO of residual materials. Maintain inventory of types and quantity of waste generated 3. Ensure that construction materials left over at Contractor, RE, the end of construction will be used in other One-off 0 KENHA, EO projects rather than being disposed of. 3. Ensure that damaged or wasted construction Contractor, RE, One-off 10,000 materials will be recovered use in other projects KENHA, EO 5. Donate recyclable/reusable or residual materials Contractor, RE, to local community groups, institutions and One-off 0 KENHA, EO individual local residents or home owners. 6. Use of durable, long-lasting materials that will not need to be replaced as often, thereby reducing Contractor, RE, Throughout _ the amount of construction waste generated over KENHA, EO construction period time
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Expected Negative Responsible Party Recommended Mitigation Measures Time Frame Cost (Kshs) Impacts 7.Provide facilities for proper handling and storage of construction materials to reduce the amount of Contractor, RE, One-off 100,000 waste caused by damage or exposure to the KENHA, EO elements of weather like wind, rain 8. Purchase of perishable construction materials Contractor, RE, Throughout such as cement should be done incrementally to 0 KENHA, EO construction period ensure reduced spoilage of unused materials 9. Use building materials that have minimal or no Contractor, RE, Throughout packaging to avoid the generation of excessive 0 KENHA, EO construction period packaging waste 10. Use construction materials containing recycled Contractor, RE, Throughout content when possible and in accordance with 0 KENHA, EO construction period accepted standards. 11. Reuse packaging materials such as oil drums, Contractor, RE, Throughout cement bags, empty plastic containers to reduce 0 KENHA, EO construction period waste at the site 12. Dispose waste more responsibly by dumping at Contractor, RE, Throughout 10,000/month designated dumping sites or landfills only. KENHA, EO construction period
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Expected Negative Responsible Party Recommended Mitigation Measures Time Frame Cost (Kshs) Impacts 13. Waste collection bins to be provided at Contractor, RE, Throughout designated points on site KENHA, EO construction period 14. NEMA registered waste disposal company to be Throughout Contractor, RE, contracted to transport and dispose the solid waste construction period KENHA, EO 100,000 per month from site 15. Running an educational campaigns amongst Throughout Contractor, RE, workers, e.g. through use of posters, to encourage construction period KENHA, reuse or recycling of the solid waste 1. Ensure strict enforcement of on-site speed limit Contractor, RE, Throughout regulations KENHA, construction period 2. Use stone crushers and bitumen mixing machines with wet scrubbers to arrest evolved dust and Contractor, RE, Throughout enclose gravel screening sectionto reduce dust KENHA, construction period Dust emission propagation 3. Avoid excavation works in extremely dry Contractor, RE, Throughout weathers KENHA, construction period 4. Sprinkle water on sites and access routes when Contractor, RE, Throughout necessary to reduce dust generation by construction KENHA, construction period vehicles and activities
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Expected Negative Responsible Party Recommended Mitigation Measures Time Frame Cost (Kshs) Impacts 5. Provide Personal Protective equipment and Contractor, RE, Throughout clothings e.g. dust masks for those working at the KENHA, EHS construction period quaries and other areas involving dust evolution Contractor, RE, Throughout 6. Provide milk for workers at the quarries. KENHA, EHS construction period Contractor, RE, Throughout 1. Vehicle idling time shall be minimized 0 KENHA, construction period 2. Alternatively fuelled construction equipment Contractor, RE, Throughout 0 shall be used only when applicable KENHA, construction period 3. Install emission control devices in machines or Contractor, RE, Throughout Exhaust emission 0 purchase machines with such devices KENHA, construction period 4. Sensitize truck drivers to avoid unnecessary racing of vehicle engines at loading/offloading Contractor, RE, Throughout 0 points and parking areas, and to switch off or keep KENHA, construction period vehicle engines at these points 1. Sensitize construction vehicle drivers and Contractor, RE, Throughout Noise and vibration machinery operators to switch off engines of KENHA, construction period vehicles or machinery not being used.
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Expected Negative Responsible Party Recommended Mitigation Measures Time Frame Cost (Kshs) Impacts 2. Sensitize construction drivers to avoid gunning of vehicle engines or hooting especially when Contractor, RE, Throughout passing through sensitive areas such as mosques, KENHA, construction period schools, residential areas and hospitals 3. Ensure that construction machinery are kept in Contractor, RE, Throughout good condition to reduce noise generation KENHA, construction period 4. Ensure that all generators and heavy duty 10,000 per month Contractor, RE, Throughout equipment are insulated or placed in enclosures to KENHA, construction period minimize ambient noise levels. 1. Ensure electrical equipment, appliances and lights Contractor, RE, Throughout 0 are switched off when not being used KENHA, construction period 2. Install energy saving fluorescent tubes at all Contractor, RE, Throughout Increased energy lighting points instead of bulbs which consume 100,000 KENHA, construction period consumption higher electric energy 3. Use of photovoltaic cells to trap solar energy and Contractor, RE, Throughout consider use of other alternative energy sourcesliek 10,000 per pannel KENHA, construction period bagase to reduce energy costs
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Expected Negative Responsible Party Recommended Mitigation Measures Time Frame Cost (Kshs) Impacts 4. Ensure planning of transportation of materials to Contractor, RE, Throughout ensure that fossil fuels (diesel, petrol) are not KENHA, construction period consumed in excessive amounts 5,000 per month 5. Monitor energy use during construction and set Contractor, RE, Throughout targets for reduction of energy use. KENHA, construction period 1. Drill boreholes to get adequate water for Contractor, RE, Throughout 1M per unit development KENHA, construction period 2. Harness rainwater for construction and domestic Contractor, RE, Throughout 10,000 per unit use to avoid conflicts with communities KENHA, construction period
3. Install water conserving taps that turn-off Contractor, RE, 10-30 % higher than One-off automatically when water is not being used KENHA, price of ordinary taps 15.High Water Demand 4. Promote recycling and reuse of water as much as Contractor, RE, Throughout 2,000 possible KENHA, construction period 5. Install a discharge meter at water outlets to Contractor, RE, determine and monitor total water usage One-off 2,000 KENHA,
6. Promptly detect and repair water pipe and tank Contractor, RE, Throughout 1,000 per month leaks KENHA, construction period
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Expected Negative Responsible Party Recommended Mitigation Measures Time Frame Cost (Kshs) Impacts 7. Sensitize staff to conserve water by avoiding Contractor, RE, Throughout 1,000 unnecessary toilet flushing etc. KENHA, construction period Contractor, RE, Throughout 8. Ensure taps are not running when not in use 1,000 KENHA, construction period 1. Provide means for handling sewage generated by Contractor, RE, One-off 50,000 per month construction workers KENHA, 2. Conduct regular checks for sewage pipe blockages or damages since such vices can lead to Contractor, RE, Throughout 5,000/month release of the effluent into the land and water KENHA, construction period 16.Generation of bodies wastewater 3. Monitor effluent quality regularly to ensure that Contractor, RE, Throughout the stipulated discharge rules and standards are not 2,000/month KENHA, construction period violated 4. Ensure no effluent is deposited into the river and Contractor, RE, Throughout other open water bodies within/without the project 2,000/month KENHA, construction period area 17.occupational health and 1. Ensure that all plans and equipments to be used Contractor, RE, safety risks are approved by the relevant authority and the local One-off 5,000 KENHA, Occupational Health and Safety Office
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Expected Negative Responsible Party Recommended Mitigation Measures Time Frame Cost (Kshs) Impacts 2. Registration of the premises under the Factories Contractor, RE, and Other Places of Work Act Cap 513, Laws of One-off 5,000 KENHA, Kenya is mandatory 3. A general register should be kept within the Contractor, RE, facility as stipulated in Sec 62 (1) of the Factories One-off 1,000 KENHA, and Other Places of Work Act. 4. The abstract of the Factories and Other Places of Contractor, RE, Work Act must be displayed at prominent places One-off 2,000 KENHA, within the site 1. Ensure that provisions for reporting incidents, accidents and dangerous occurrences during Contractor, RE, construction using prescribed forms obtainable Continuous 500/month 18. Incidents, accidents KENHA, from the local Occupational Health and Safety and dangerous Office (OHSO) are in place. occurrences. 2. Enforcing adherence to safety procedures and
preparing contingency plan for accident response in Contractor, RE, Continuous 50,000 addition safety education and training shall be KENHA, emphasized.
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Expected Negative Responsible Party Recommended Mitigation Measures Time Frame Cost (Kshs) Impacts 3. Ensure that the vehicles, equipments and Contractor, RE, _7.5%of Vehicle premises are insured as per statutory requirements Annually KENHA, value (third party and workman’s compensation) 4.Develop, document and display prominently an Contractor, RE, One-off 1,000 appropriate SHE policy for construction works KENHA, 5. Provisions must be put in place for the formation Contractor, RE, of a Health and Safety Committee, in which the One-off 5,000 KENHA, employer and the workers are represented 6. Suitable, efficient, clean, well-lit and adequate Contractor, RE, sanitary conveniences should be provided for One-off 20,000 KENHA, construction workers 1. Arrangements must be in place for the medical Contractor, RE, examination of all construction employees before, Continuous 500 per examination KENHA, EHSO during and after termination of employment 19.Machinery/equipment 2. Ensure that machinery, equipment, personal safety protective equipment, appliances and hand tools Contractor, RE, used in construction do comply with the prescribed One-off _ KENHA, EHSO safety and health standards and be appropriately installed maintained and safeguarded
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Expected Negative Responsible Party Recommended Mitigation Measures Time Frame Cost (Kshs) Impacts 3. Ensure that equipment and work tasks are Contractor, RE, adapted to fit workers and their ability including Continuous _ KENHA, EHSO protection against mental strain 4. All machines and other moving parts of Contractor, RE, equipment must be enclosed or guarded to protect KENHA, EHSO One-off _ all workers from injury 5. Arrangements must be in place to train and Contractor, RE, supervise inexperienced workers regarding KENHA, EHSO Continuous 5,000 per training construction machinery use and other procedures/operations 6. Equipment such as fire extinguishers must be Contractor, RE, examined by a government authorized person. The KENHA, EHSO 2,000 per Continuous equipment may only be used if a certificate of examination examination has been issued 7. Reports of such examinations must be presented Contractor, RE, 2,000 per in prescribed forms, signed by the examiner and KENHA, EHSO Continuous examination attached to the general register
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Expected Negative Responsible Party Recommended Mitigation Measures Time Frame Cost (Kshs) Impacts 1.Ensure that materials are stored or stacked in such Contractor, RE, manner as to ensure their stability and prevent any KENHA, EHSO Continuous 10,000 fall or collapse 8.Ensure that items are not stored/stacked against Contractor, RE, Continuous _ weak walls and partitions KENHA, EHSO 2. Work and site plan should be placed in areas all Contractor, RE, workers can see. Site plan should show exits to use KENHA, EHSO Continuous _ during disaster 20. Incidents, accidents 3. Securely fence or cover all openings in Contractor, RE, and dangerous One-off _ compound KENHA, EHSO occurrences 4. Post warning signs in area frequented by Contractor, RE, One-off dangerous wild animals KENHA, EHSO 5. Ensure that construction workers are not locked Contractor, RE, up such that they would not escape in case of an KENHA, EHSO Continuous _ emergency 6. All ladders used in construction works must be Contractor, RE, of good construction and sound material of KENHA, EHSO One-off _ adequate strength and be properly maintained
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Expected Negative Responsible Party Recommended Mitigation Measures Time Frame Cost (Kshs) Impacts 7. Design suitable documented emergency Contractor, RE, preparedness and evacuation procedures to be used KENHA, EHSO One-off 2,000 during any emergency 8. Such procedures must be tested at regular Contractor, RE, Every 3 months 2,000 intervals KENHA, EHSO 9. Ensure that adequate provisions are in place to Contractor, RE, immediately stop any operations where there in an KENHA, EHSO One-off 10,000 imminent and serious danger to health and safety and to evacuate workers 10. Ensure that the most current emergency Contractor, RE, telephone numbers posters are prominently and KENHA, EHSO One-off 1,000 strategically displayed within the construction site 11. Provide measures to deal with emergencies and Contractor, RE, Continuous 5,000 accidents including adequate first aid arrangements KENHA, EHSO 21.Occupational health 1. Well stocked first aid box which is easily available Contractor, RE, and safety risks and accessible should be provided within the KENHA, EHSO One-off 5,000 premises
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Expected Negative Responsible Party Recommended Mitigation Measures Time Frame Cost (Kshs) Impacts 2. Provision must be made for persons to be Contractor, RE, trained in first aid, with a certificate issued by a KENHA, EHSO One-off 10,000 recognized body. 3. Fire fighting equipment such as fire extinguishers Contractor, RE, and hydrant systems should be provided at strategic KENHA, EHSO One-off 50,000 locations such as stores and construction areas. 4. Regular inspection and servicing of the Contractor, RE, equipment must be undertaken by a reputable KENHA, EHSO Every 3 months 5,000 service provider and records of such inspections maintained 5. Signs such as “NO SMOKING” must be Contractor, RE, prominently displayed within the construction area KENHA, EHSO One-off 2,000 especially in parts where inflammable materials are stored 6.Always provide signage indicating works in Contractor, RE, progress and commincate to public on sections to KENHA, EHSO One-off _ be worked on and on alternative routes
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Expected Negative Responsible Party Recommended Mitigation Measures Time Frame Cost (Kshs) Impacts 7.There must be adequate provision for artificial or Contractor, RE, natural lighting in all parts the premises in which KENHA, EHSO One-off _ persons are working or passing Contractor, RE, 8. Circuits must not be overloaded Continuous _ KENHA, EHSO 9. Distribution board switches must be clearly Contractor, RE, One-off _ marked to indicate respective circuits and pumps KENHA, EHSO Contractor, RE, 10. There should be no live exposed connections Continuous _ KENHA, EHSO 11. Electrical fittings near all potential sources of Contractor, RE, One-off _ ignition should be flame proof KENHA, EHSO Contractor, RE, 12. All electrical equipment must be earthed One-off _ KENHA, EHSO 13. Develop a suitable system for the safe Contractor, RE, collection, recycling and disposal of chemical KENHA, EHSO wastes, obsolete chemicals and empty chemical One-off 10,000 containers to avoid their reuse for other purposes and to eliminate or minimize the risks to safety, health and environment
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Expected Negative Responsible Party Recommended Mitigation Measures Time Frame Cost (Kshs) Impacts 14. Ensure that all chemicals used in construction Contractor, RE, are appropriately labeled or marked and that KENHA, EHSO material safety data sheets containing essential information regarding their identity, suppliers One-off _ classification of hazards, safety precautions and emergency procedures are provided and are made available to employees and their representatives 15. Keep a record of all hazardous chemicals used Contractor, RE, at the construction site, cross-referenced to the KENHA, EHSO Continuous _ appropriate chemical safety data sheets 16. There should be no eating or drinking in areas Contractor, RE, Continuous _ where chemicals are stored or used KENHA, EHSO 17. Provide workers in areas with elevated noise and Contractor, RE, vibration levels, with suitable ear protection One-off 5,000 KENHA, EHSO equipment such as ear muffs 18. Ensure that construction workers are provided Contractor, RE, with an adequate supply of wholesome drinking KENHA, EHSO One-off 5,000/month water which should be maintained at suitable and accessible points.
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Expected Negative Responsible Party Recommended Mitigation Measures Time Frame Cost (Kshs) Impacts 19.Ensure that conveniently accessible, clean, Contractor, RE, orderly, adequate and suitable washing facilities are KENHA, EHSO One-off 5,000 provided and maintained in within the camp site 1. Provision for repairing and maintaining of hand Contractor, RE, One-off 5,000 tools must be in place KENHA, EHSO 22. Occupational health 2. Hand tools must be of appropriate size and Contractor, RE, One-off _ and safety risks shape for easy and safe use KENHA, EHSO 3. Height of equipment, controls or work surfaces Contractor, RE, should be positioned to reduce bending posture for KENHA, EHSO One-off _ standing workers Ensure the general safety and security at all times by providing day and night security guards and Contractor, RE, 23. Safety and security Continuous 30,000/month adequate lighting within and around the KENHA, SO construction site. 1.A designated garage section of the site fitted with oil trapping equipments to be planned for oilContractor, RE, 24. Oil Spills Continuous 300,000 changes. Such a area will be well protected fromKENHA, EO contaminating the soil
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2Spilling of oil or activities leading to spillage/discharge of oil to water bodies should be avoided Contractor, RE, Construction workers should be given breaks to go KENHA, EHSOContinuous for lunch 25. Increased Food Catering Manager 300,000 Supply/demand Contractor, RE, Onsite canteen to supply food KENHA, EHSOContinuous Catering Manager 26. Mushrooming of Local Administration; Control of informal activities along the project site Continuous 0 Informal Settlement Local Authority 1. Hazardous substance control and emergency Contractor, RE, response plan that will include preparations for Continuous KENHA, EO quick and safe clean up of accidental spills. 2. Hazardous-materials handling procedures to Contractor, RE,Continuous 27. Hydrology and Water reduce the potential for a spill during constructionKENHA, EO 100,000 Quality Degradation to be prescribed 3. Identify areas where refueling and vehicleContractor, RE,Continuous maintenance activities and storage of hazardous KENHA, EO materials, if any, will be permitted
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4. Waste water/run off collected duringContractor, RE,Continuous construction should be contained and disposed ofKENHA, EO in accordance with all applicable regulations 1.Complete refuse collection and handling service toContractor, RE,Continuous 28. Vector Borne and be provided KENHA, EO Water Borne Disease 2.Manage and seal off disused quarries, avoidContractor, RE,Continuous 100,000 Incidence leaving open trenches, stalled constructionKENHA, EO activites/areas should be left as clear as possible 1.Shall be mitigated by occupational health andContractor, RE,Continuous safety standards enforcement KENHA, EO 2. Collaborate with other players in communityContractor, RE,Continuous training and sensitization on disease control duringKENHA, EO 29. Possible Exposure of construction Workers to Diseases including infectious 3. Provide counseling and testing for HIV/AIDS to Contractor, RE,Continuous 200,000 biannually dieases such as incoming construction personnel KENHA, EO, NGO,
HIV/AIDs MOH,CBO 4. Strengthen advocacy through awareness training Contractor, RE, in HIV/AIDS and other STDs; encourage the use KENHA, EO, NGO, of preventive measures like condoms MOH,CBO
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Contractor, RE, 5. Avail condom dispensers to construction staff KENHA, EO, NGO,
MOH,CBO 1. Coordinate with other planning goals andContractor, RE,Continuous objectives for region KENHA, EO 30. Increased Pressure on Architect, ProjectContinuous 20,000 per month Infrastructure 2. Upgrade/rehabilitate existing infrastructure and Manager, Contactor and services used for project activities. the Developer Security Officer,Continuous 1. Coordinate with administration to appoint Resident Project security personnel operating 24 hours where needed Manager & Police 2. Body-search the workers to avoid gettingSecurity Officer Continuous 30,000/day weapons on site, and leaving site to ensure nothing is stolen. 31 .Insecurity 3. Ensure only authorized personnel get to the site Security Officer Continuous 4. Security alarms should be installed Security Officer Continuous 5. Provide emergency numbers to workers and postSecurity Officer Continuous
then strategically in work area 6. Ensure only authorized personnel get to the site Security Officer Continuous 7. Security alarms will be installed in vehicles andSecurity Officer Continuous 20,000 other appropriate devices or areas
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Contractor, RE, 1. Install pollution control devices KENHA, EO 2. All unnecessary traffic must be strictly limited onThe Contractor & SiteContinuous 33. Air Pollution site speed controls are to be enforced Safety Officer 3. Ensure that the site is located away from suchThe Contractor & SiteContinuous pollution sources Safety Officer 1. Ensure all safety design consideration such as Contractor, RE, As per project design speed break strucutures are constructed in areas Continuous KENHA, EO, KWS BOQ frequented by animals Ensure workers and drivers observes caution while working near animal corridors which should include Contractor, RE, speed control, noise and dust control, avoid feeding Continuous As per safety budget KENHA, EO of animals, avoid disposal of pollutants or any form 34. destruction of natural of waste habitats/vegetations. Ensure appropriate signage is placed in areasContractor, RE, As per project design Continuous inhabitated by animals KENHA, EO, KWS BOQ Ensure construction camps and borrow pits are notContractor, RE, As per project design Continuous are no located within the forest reserve KENHA, EO, KWS BOQ 5. Ensure that no fuelwood for the project or Contractor, RE, As per project design associated facilities such as camps are taken from Continuous KENHA, EO, KWS BOQ the protected forest area
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6.Conduct continous consultation with KWS before and during the construction phase in order to Contractor, RE, ensure appropriate mitigation measures are Continuous 40,000 KENHA, EO, KWS implemented while working at the forest reserve area Ensure all safety related design components are incorporated in the construction works and whereContractor, RE, As per project design Continuous shortcomings exisits they should be updated beforeKENHA, EO, KWS BOQ construction 1. Tracks for the various road users should be 35.Desing and designed and constructed to ensure road construction short safety this should include cycle track devoted to motorized two wheel transport comings alon, non-motorized two wheel traffic ( Contractor, RE, As per project design bicycles) which can be used by the Continuous pedestrian as well, to limit morbidity and KENHA, EO, KWS BOQ mortality caused by motorbike/scooter accidents.
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Due to the magnitude of the project, the Firm of 34. Emergence of new experts shall carry out monitoring and evaluation. environmental concern more so an initial environmental audit will also be EO Continuous 20,000/day/person during the construction carried within a period of 12 months after phase commencement of the construction project
8.3 Operational Phase EMP
The necessary objectives, activities, mitigation measures, and allocation of costs and responsibilities pertaining to prevention, minimization and monitoring of significant negative impacts and maximization of positive impacts associated with the operational phase of the proposed road development Project are outlined in table 8.3 below
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Table 8.3 Environmental management/monitoring Plan for the operational phase of the road development project
Expected Negative Impacts Recommended Mitigation Measures Responsible Party Time Frame Cost (Kshs) 1. Use of an integrated solid waste management system i.e. through a hierarchy Throughout Resident Project of options: 1. Source reduction 2. Recycling construction Manager & Contractor 3.Composting and reuse 4. Combustion 5. period Sanitary land filling. 2. Provide solid waste handling facilities Resident Project One-off such as rubbish bags and skips Manager 3. Ensure that solid wastes generated at the 20,000/month 1. Solid waste generation camp site and from road are regularly & Resident Project Continuous appropriately disposed of at authorized Manager dumping sites 3. Ensure that occupants of the labour camp manage their waste efficiently Resident Project Continuous through recycling, reuse and proper Manager disposal procedures. 4. Donate redundant but serviceable Resident Project Continuous 0 equipment to charities and institutions Manager
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Expected Negative Impacts Recommended Mitigation Measures Responsible Party Time Frame Cost (Kshs) 5. Private company to be contracted to Resident Project 50,000 per collect and dispose solid waste on regular Continuous Manager month intervals 1. Provide adequate and safe means of Resident Project handling sewage generated at the labour Manager & Mechanical One-off 10,000 per trip camp Engineer 2. Conduct regular inspections for sewage Resident Project 500 per 2. Release of sewage into the pipe blockages or damages and fix Manager & Mechanical Continuous inspection environment appropriately Engineer 3. Ensure regular monitoring of the sewage Resident Project discharged from the project to ensure that Manager & Mechanical Continuous 500/parameter the stipulated sewage/effluent discharge Engineer rules and standards are not violated Resident Project 1. Switch off electrical equipment, Manager & Occupants Continuous 0 appliances and lights when not being used of the camps 3.High demand for energy 2. Install occupation sensing lighting at 25 % higher Resident Project various locations such as rooms, storage One-off than ordinary Manager & Contractor areas which are not in use all the time lighting
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Expected Negative Impacts Recommended Mitigation Measures Responsible Party Time Frame Cost (Kshs) 3. Install energy saving fluorescent tubes at 25 % higher all lighting points within the compound Resident Project One-off than ordinary instead of bulbs which consume higher Manager & Occupants lighting electric energy 4. Install Photovoltaic Solar Panels to Contractor, KENHA, One-off 10,000/unit supplement energy source 4. Monitor energy use during the operation Resident Project of the project and set targets for efficient Continuous 2,000/month Manager energy use 5. Sensitize occupants on efficient use Resident Project Continuous 500/month energy Manager Resident Project 1. Promptly detect and repair of water pipe Manager & Mechanical Continuous 1,500/month and tank leaks Engineer 4. High water demand Resident Project 2. Occupants to conserve water e.g. by Manager & Mechanical Continuous 500/month avoiding unnecessary toilet flushing. Engineer
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Expected Negative Impacts Recommended Mitigation Measures Responsible Party Time Frame Cost (Kshs) Resident Project 3. Ensure taps are not running when not in Manager & Mechanical Continuous 500/month use Engineer Contractor Resident 4. Install water conserving taps that turn- 20 % higher Project Manager & off automatically when water is not being One-off than ordinary Mechanical Engineer used taps
Contractor, Resident 5. Install a discharge meter at water outlets Project Manager & One-off 1,000 to determine and monitor total water usage Mechanical Engineer
Resident Project Manager & Mechanical 6. Create water conservation awareness Continuous 2,000 Engineer
Implement all necessary measures to ensure health and safety of workers and the general Resident Project 5.Increased health and safety public during operation of the office Manager, Mechanical Continuous 0 impacts project as stipulated in Factories and Other Engineer, & EHSO Places of Work Act Cap 513
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1. Ensure the general safety and security at Security Officer, 6.Increased general safety and all times by providing day and night security Resident Project Continuous 20,000/month security impacts guards and adequate lighting within and Manager & Police around the premises. Architect, ProjectContinuous 1. Coordinate with other planning goals and Manager, and the objectives for region 7.Increased Pressure on Developer 20,000 Infrastructure Architect, ProjectContinuous 2. Upgrade existing infrastructure and Manager and the services, if and where feasible. Developer Security Officer,Continuous 1. Appoint security personnel operating 24 8.Insecurity Resident Project 20,000/month hours Manager & Police 1. Conduct Quality control and use cleanerContractor, RE Continuous fuels 3,000 per 9. Air Pollution Residents projectContinuous month 2. Use of bicycles to be encouraged manager 10 Mushrooming of Informal Control of informal activities around theLocal Administration; Continuous 0 Settlement project site Local Authority
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Undertake an environmental audit within 12 11. Emergence of new 20,000/day/co months after operation commences asEIA Experts Continuous environmental concerns nsultant required by law
8.4. Decommissioning Phase
In addition to the mitigation measures provided in Table 8.2 and 8.3 above, it is necessary to outline some basic mitigation measures that will be required to be undertaken once all operational activities of the project have ceased. The necessary objectives, mitigation measures, allocation of responsibilities, time frames and costs pertaining to prevention, minimization and monitoring of all potential impacts associated with the decommissioning and closure phase of the project are outlined in table 8.4 below .
Responsible Time Cost Recommended Mitigation Measures Party Frame (Kshs) 1. Demolition waste management 1. All machinery, equipment, structures and partitions that shall not be used for other Contractor, One-off _ purposes must be removed and recycled/reused as much as possible Proponent 2. All foundations must be removed and recycled, reused or disposed of at a licensed disposal Contractor, site/convert abaondoned structure to be of beneficial use to community and local Proponent administration
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Responsible Time Cost Recommended Mitigation Measures Party Frame (Kshs) 3. Where recycling/reuse of the machinery, equipment, implements, structures, partitions and Contractor, other demolition waste is not possible, the materials should taken to a licensed waste One-off _ Proponent disposal site Contractor, 4. Donate reusable demolition waste to charitable organizations, individuals and institutions One-off _ Proponent 2. Rehabilitation of project site Contractor, 1. Implement an appropriate re-vegetation program to restore the site to its original status One-off _ Proponent Contractor, 2. Consider use of indigenous plant species in re-vegetation One-off _ Proponent 3. Trees should be planted at suitable locations so as to interrupt slight lines (screen planting), Contractor, Once-off _ between the adjacent areas and the development. Proponent 4. Indigenous tree species should be replanted along the road side after the completion of the Contractor, One-off _ project. Proponent
Table 8.4 Environmental Management/Monitoring Plan for the decommissioning phase for the Road Development Project.
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CHAPTER 9: CAPACITY BUILDING
9.1 Capacity Building and Training
It is recommended that capacity building on Environmental Management and Monitoring be integrated as part of this project. The capacity building programmes for the project should include:
• Programmes to train the project engineers and proponent in the process of the EIA, to enable them participate fully in the implementation of the EMP; and • Programmes to enhance transport management.
There is also need for the management to be trained on the following aspects to enable them run the road project appropriately; • Organizational practices; • Project management; • Public awareness and community education especially on HIV/AIDs and other related social impacts; • • Financial management • Operation and maintenance of road infrastructure.
9.2 Monitoring Guidelines Continuous observation and assessment is essential for the identification of impacts unforeseen during the E&SIA of the project. To ensure success of the project adequate consultation should be undertaken in the project area with the community members. Monitoring parameters/indicators should be identified and programmes developed for their observation and action. When developing a monitoring programme the following should be taken into consideration:
• Frequency of monitoring; • Required personnel -Monitoring should be conducted by trained personnel;
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• Methods of record keeping; • Availability of calibrated and maintained equipment; • Existence of baseline information; and • Data analysis and review
The environmental indicators to be monitored during the project phases namely the construction, operation and decommissioning should include but not limited to those listed in the table below. The monitoring parameters can be revised as the project development proceeds, to enable incorporate and unforeseen indicators.
Table 9.2: List of the Environmental Parameters and their Measurable Indicators
Environmental Indicator Parameter to Monitor Occupational Health and - Number of occupational diseases and accidents Safety -Frequency of chemical intoxication, ingestion or inhalation -Number using PPE&C -Number of reported cases to professional medical practitioners -Number of animals attacks. -Number of reported Pneumoconiosis and other respiratory realted diseases Socio-Economic -Development Projects Environment -Poverty levels -Number of idle community members -Alcoholism -Public complaints -Number of social conflicts -Trend of infectious diseases for example: HIV/AIDS, STI’s -Correlation between project team and local community Air Quality -Noise
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Environmental Indicator Parameter to Monitor -Exhaust fumes -Vibration - Dust -Smoke -No. of individuals suffering from respiratory diseases along the project line. Aquatic Environment -Water borne disease Alteration --Turbidity -Flooding -Waste -Existence of vegetation -Water quality and quantity/Eutrophication -Complaint from community members Vegetation Cover -Invasive vegetation -Vegetation rate of growth Waste Management -Existence of solid waste -Water Quality -Water Borne Diseases -Complaint from community members -Amount of solid waste dumped -Disease vectors rodents, flies etc
Soil Erosion and drainage. -Gulley formation -Increased sediments -Complaint from community members -Number and status of drains such as metre, pitched, blocked/clogged etc along project road Quarries and Burrow pits -Number of material sites before project commencnement -Number of excavated pits due to the project
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Environmental Indicator Parameter to Monitor -Number of open pits and those reabilitated rehabilitated -Workers wearing PPE&C
The list of the environmental parameters and their measurable indicators will guide the proponent access the effective level of the EMP and need to modify it for appropriate action.
9.3 Reporting
Constant reporting by the site contractor to the proponent is necessary to ensure the project is executed as planned. The safety officer/environment officer should always be available at the site to report any concerns for urgent mitigation. The officer should also ensure enforcement of Environment, Health and Safety requirements as per the relevant legislation. The contractor should always consult the project manager/engineer to maintain a clear understanding of all the project aspects and their mitigation measures.
9.4 Conclusion and Recommendations
The proposed road project is economically feasible in regard to opening up of the road project area to the rest of the country. It also has the potential to increase business activities to the area, provision of social services to the area and besides that, the road will effectively reduce the travel time between the project area and its key trading partners in other disitrcts. The proposed project has also been seen not to trigger the OP of the development partners and mitigation measures have been proposed in areas of likely/potential impacts.
Development of this magnitude has negative environmental and social implications that need to be addressed. While there is a general acceptability of the road by the local community, fear of displacements, interference with water points, increased incidences of accidents, cultural interference, and exposure to risks and general safety are among concerns of the local communities.
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Implications to the ecosystems, particularly the forests are likely to raise the attention of conservationists and stakeholders in biodiversity including KWS. Appropriate mitigation measures, should therefore be integrated in the project implementation to reduce anticipated negative impacts and enhance the positive ones. In conclusion the following are recommended.
i. Integrate suitable mitigation measures as outlined in this report in the designs for all sections of the project road for implementation during construction and use of the road.
ii. Consult the communities and other stakeholders, particularly property owners, to the extent possible on planning the works, especially where property, inhabitations and other aspects of social interest are concerned,
iii. Collaborate with the Kenya Wildlife Services in regard to wildlife considerations during all the phases of the road so as to develop suitable alternatives and ensure safety from wildlife attacks and also for conservation issues among other concerns,
iv. Institute effective communication, education and awareness towards the project beneficiaries for enhanced acceptability and social harmony. This is particularly important for the settled areas near and within the road
v. Implement the environmental management plan throughout the project implementation with assistance of appropriate expert including development and implemention of HIV/AIDS and other communicable diseases program in conjunction with line ministries.
vi.
During the preparation of this report for the development of the proposed project it was observed and established that most of the negative impacts on the environment are rated low and short term thus can be abated through the proposed mitigation measures. The positive impacts are highly rated and will benefit all stakeholders and the country at large. The project proponents should aim to prudently implement the Environmental Management Plan.
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References
• Kenya gazette supplement Acts 2000, Environmental Management and Coordination Act Number 8 of 1999. Government printer, Nairobi
• Kenya gazette supplement number 56. Environmental Impact Assessment and Audit Regulations 2003. Government printer, Nairobi • Kenya gazette supplement number Environmental Management and Coordination (Emissions Control) Regulations, 2006 Government printer, Nairobi • Kenya gazette supplement Environmental Management and Coordination (Water Quality) Regulations, 2006 • Kenya gazette supplement Environmental Management and Coordination (Waste Management) Regulations, 2006 • Kenya gazette supplement Environmental Management and Coordination (Excessive Noise and Vibration Control) Regulations, 2009 • Kenya gazette supplement, Special Issue 51, Legal Notice number 19; Environmental Management and Coordination (Wetlands, River Banks, Lake Shores and Sea Shore Management ) Regulations, 2009 Government printer, Nairobi
• Kenya gazette supplement Acts Building Code 2000 by government printer, Nairobi
• Kenya gazette supplement Acts Land Planning Act (Cap. 303) government printer, Nairobi
• Kenya gazette supplement Acts Local Authority Act (Cap. 265) government printer, Nairobi
• Kenya gazette supplement Acts Penal Code Act (Cap.63) government printer, Nairobi
• Kenya gazette supplement Acts Physical Planning Act, 1999 government printer, Nairobi
• Kenya gazette supplement Acts Public Health Act (Cap. 232) government printer, Nairobi
• Kenya gazette supplement number 56. Environmental Impact Assessment and Audit Regulations 2003. Government printers, Nairobi
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• District Development plan (2003-2008)- Kakamega Disitrcts. Ministry of Planning and National Development. Government printers, Nairobi
• Ministry of Public Works Design Manual for Roads and Drainage
• National Atlas of Kenya Survey of Kenya
• Kenya Soil Survey Ministry of Agriculture
• Rainfall Frequency Atlas of Kenya Ministry of Water Development
• TRRL East Africa Flood Model D Fiddes
• Highway and Urban Hydrology in Tropics LH Watkins and FD Fiddes
• Flood Estimation BD Richards. • The Worldbank Safeguard Policies • Registrar of International Treaties and other Agreements in Environment (UNEP 1999)
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