MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT Public Disclosure Authorized

KENYA INFORMAL SETTLEMENT IMPROVEMENT PROJECT

ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT

(ESIA) PROJECT REPORT

FOR

Public Disclosure Authorized THE PROPOSED INFRASTRUCTURE UPGRADING PROJECT IN SOWETO KAYOLE AND KCC INFORMAL SETTLEMENTS IN Public Disclosure Authorized

JANUARY 2014

Public Disclosure Authorized

DECLARATIONS

EIA/EA LEAD EXPERT:

I/We, the undersigned, submit that the particulars given in this ESIA report for the Proposed Infrastructure Upgrading project for Soweto Kayole and KCC Informal Settlements in District, Nairobi City County are correct to the best of my/our knowledge

Name: ______

Registration No. :

Sign:______Date:______

Designation:______

THE PROPONENT: Ministry of Lands, Housing and Urban Development

I/We certify that all the information provided herein for the purpose of this Environmental and Social Impact Assessment Project Report is true to the best of my/our knowledge.

Name: ______

Sign:______Date:______

Designation:______

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Contacts:

Eng. Sebastian Mputhia Mwarania Sidhartha Patnaik

Director Regional Director & Country Head,

CAS Consultants Consulting Engineers IPE Global (Pvt) Limited

Rhapta Road (Westlands) Nelleon Place The , No. 4 Upperhill Road

P.O Box 20023—00200, Nairobi Tel: 4445240/65 P.O Box 40324-00100, Nairobi

Mobile: +254 723750397 Fax: 020-4440049 Nairobi Tel: 2710644 Mobile: +254 789219607

Email: [email protected] Email: [email protected] Web: Web: www.casconsult.co.ke www.ipeglobal.com

Dr. Swapan Kanti Chaudhuri Ken Koech Kibet

Economist Environmental and Social Specialist

IPE Global (Pvt) Limited IPE Towers, CAS Consultants Consulting Engineers

B-84, Defence Colony, Delhi - 110 024 , India Rhapta Road (Westlands) Nelleon Place

Tel: +91 (11) 40755900 Mobile: +919811213272 P.O Box 20023—00200, Nairobi

Email: [email protected] Web: Tel: 4445240/65 Mobile : +254 736122920 www.ipeglobal.com Fax: 020-4440049 Nairobi

Email: [email protected] Web: www.casconsult.co.ke

This report has been prepared by CAS Consultants Consulting Engineers (―CAS‖) and IPE Global Pvt Ltd (―IPE‖) for the Ministry of Lands, Housing and Urban Development, Government of (the ―Recipient‖).

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Report

This report is the Environmental and Social Impact Assessment Report (ESIA) for the proposed infrastructure upgrading of Kayole Soweto and KCC informal settlements in .

Fact Sheet

Project name Kenya Informal Settlements Improvement Project (KISIP)

Assignment Name Consultancy Services for Socio Economic Surveys, Infrastructure Upgrading Plans, and Detailed Engineering Designs in Informal Settlements

Lead implementing agency Ministry of Lands, Housing and Urban Development

Funding Agency World Bank

Consultants CAS Consultants and IPE Global

Start Date 22 August 2012

Completion Date 31 October 2013

Team Leader Dr. Eng. Sebastian Mwarania

Deputy Team Leader Sidhartha Patnaik

Target Settlements Nairobi: Embakasi KCC and Kayole Soweto

Project Cost 1,869,983,339.00**

** Summary of BoQs is provided as appendix 8

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TABLE OF CONTENTS

TABLE OF CONTENTS ...... 5 LIST OF TABLES...... 10 LIST OF FIGURES ...... 10 ACRONYMS AND ABBREVIATIONS ...... 11 EXECUTIVE SUMMARY ...... 13 CHAPTER ONE – INTRODUCTION...... 18

1.1 PROJECT BACKGROUND ...... 18 1.2 OBJECTIVES OF THE ESIA ...... 19 1.3 SCOPE OF THE STUDY ...... 20 1.4 CONSULTANCY TERMS OF REFERENCE ...... 20 1.5 ESIA APPROACH & METHODOLOGY ...... 21 1.5.1 Screening ...... 21 1.5.2 Scoping ...... 21 1.5.3 Baseline study ...... 21 1. 5.4 Desktop Study ...... 21 1.5.5 Public participation ...... 22 1. 5.6 Reporting ...... 22 CHAPTER TWO – PROJECT DESCRIPTION ...... 23

2.1 PROJECT LOCATION ...... 23 2.2 PROJECT’S OVERALL OBJECTIVE ...... 25 2. 3 PROJECT DESCRIPTION AND DESIGN ...... 25 2.3.1 Roads ...... 26 2.3.2 Drainage works ...... 28 2.3.3 Water and Sewerage ...... 28 2.3.4 Solid Waste Management ...... 28 2.3.5 Street lighting ...... 30 2.4 DESCRIPTION OF PROJECT’S CONSTRUCTIONAL ACTIVITIES ...... 30 2.4.1 Construction procedures ...... 30 2.4.2 Materials, inputs and technology at the construction phase ...... 30 2.4.3 Potential wastes at the construction phase ...... 31 2.4.4 Waste Management during the construction phase...... 31 2.5 DESCRIPTION OF PROJECT’S OPERATIONAL ACTIVITIES ...... 32 2.5.1 Potential wastes generated at the Operational phase ...... 32 2.6 PROJECT’S DECOMMISSIONING ACTIVITIES ...... 32 2.6.1 Potential wastes generated at the decommissioning phase ...... 32 2.7 PROJECT JUSTIFICATION ...... 33 CHAPTER THREE – BASELINE INFORMATION OF THE STUDY AREA ...... 34

3.1 SOCIO-ECONOMIC CHARACTERISTICS OF THE PROJECT AREA ...... 34 3.1.1 Macro-economic setting ...... 34 3.1.2 Population ...... 35 3.1.3 and income levels ...... 35

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3.1.4 Education ...... 35 3.1.5 Health and Social issues ...... 35 3.2 BIO- PHYSICAL ENVIRONMENT ...... 36 3.2.1. Topography ...... 36 3.2.2. Climate ...... 36 3.2.3. Geology and Soils ...... 36 3.2.4 Water Resources ...... 36 3.2.5. Flora and Fauna ...... 37 3.3 LAND USE AND INFORMAL SETTLEMENTS ...... 37 3.3.1 Land tenure and ownership ...... 37 3.2.2 Land use ...... 37 3.4 INFORMAL SETTLEMENTS ...... 38 3.4.1 KCC Settlement ...... 38 3.4.2 Kayole Soweto Settlement ...... 39 3.5 INFRASTRUCTURE AND SERVICES ...... 40 3.3.1 Roads ...... 40 3.3.2 Energy ...... 41 3.3.3 Water Supply ...... 41 3.3.4 Sewerage and drainage ...... 42 CHAPTER FOUR – POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORKS ...... 43

4.0 INTRODUCTION ...... 43 4.1 WORLD BANK’S SAFEGUARD POLICIES ...... 43 4.1.1 World Bank Safeguard Policy 4.01- Environmental Assessment ...... 43 4.1.2 World Bank Safeguard Policy 4.04 - Natural Habitats ...... 43 4.1.3 World Bank Safeguard Policy 4.36 – Forests ...... 43 4.1.4 World Bank Safeguard Policy 4.09 - Pest management ...... 44 4.1.5 World Bank Safeguard Policy 4.11 – Physical Cultural Resources ...... 44 4.1.6 World Bank Safeguard Policy 4.10 – Indigenous People ...... 44 4.1.7 World Bank Safeguard Policy 4.12 – Involuntary Resettlement ...... 44 4.2 NATIONAL POLICY FRAMEWORK ...... 45 4.2.1 KISIP’s Environmental and Social Management Framework (ESMF) ...... 45 4.2.2 National Environmental Action Plan (NEAP) ...... 45 4.2.3 Environmental & Development policy (Sessional Paper No. 6 of 1999) ...... 45 4.2.4 The Kenya Vision 2030 ...... 46 4.2.5 The National Poverty Eradication Plan (NPEP) ...... 47 4.1.6 The Poverty Reduction Strategy Paper (PRSP) ...... 47 4.1.7 National Policy on Water Resources Management and Development ...... 47 4.3 LEGAL FRAMEWORK ...... 47 4.3.1 The Constitution of Kenya ...... 48 4.3.2 Environment Management and Co-ordination Act, 1999 ...... 48 4.3.3 The Water Act (Act No.8 of 2002) ...... 49 4.3.4 The Local Government Act (CAP 265) ...... 50 4.3.5 Occupational Safety & Health Act, (OSHA) 2007 ...... 51 4.3.6 The Public Health Act (Cap 242) ...... 53 4.3.7 The Physical Planning Act (Cap 303) ...... 54 4.3.8 The Penal Code ...... 55 4.3.9 The Land Registration Land Act, 2012...... 55 6

4.3.10 The Land Act, 2012 ...... 55 4.4 REGULATORY FRAMEWORK ...... 56 4.4.1 EMCA (Water Quality) Regulations, 2006 ...... 56 4.4.2 EMCA (Waste Management) Regulations, 2006 ...... 56 4.4.3 Environmental (Impact Assessment and Audit) Regulations of 2003 ...... 57 4.4.4 Noise and Excessive Vibration Pollution Control Regulations, 2009 ...... 59 4.4.5 Air Quality Regulations...... 60 4.4.6 Biodiversity Regulations ...... 60 4.5 INSTITUTIONAL FRAMEWORK ...... 61 4.4.1 Institutional framework for EIA under EMCA ...... 61 4.4.2 Institutional framework under KISIP ...... 63 CHAPTER FIVE – PUBLIC PARTICIPATION ...... 64

5.1 BACKGROUND ...... 64 5.2 OBJECTIVES ...... 64 5.3 METHODOLOGY ...... 64 5.3.1 Public baraza/meeting ...... 64 5.3.2 Focused Group Discussion ...... 65 5.3.3 Direct Interviews ...... 65 5.4 OUTCOME...... 65 CHAPTER SIX – ANALYSIS OF PROJECT ALTERNATIVES ...... 68

6.1 NO PROJECT ALTERNATIVE ...... 68 6.2 ALTERNATIVE INVESTMENT /SITE ...... 68 6.3 ALTERNATIVE DESIGN AND TECHNOLOGY OPTION ...... 69 6.4 CURRENT PROJECT OPTION ...... 69 CHAPTER SEVEN –THE POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS ...... 71

7.1 POSITIVE IMPACTS DURING THE PLANNING AND DESIGN PHASE ...... 71 7.1.1 Employment Creation ...... 71 7.1.2 Capacity building and awareness creation...... 71 7.2 NEGATIVE IMPACTS DURING THE PLANNING AND DESIGN PHASE ...... 71 7.3 POSITIVE IMPACTS DURING THE CONSTRUCTION PHASE ...... 72 7.3.1 Creation of employment...... 72 7.3.2 Improved economy ...... 72 7.3.3 Improved living standards ...... 72 7.4 NEGATIVE IMPACT DURING THE CONSTRUCTION PHASE ...... 72 7.4.1 Loss of Vegetation ...... 72 7.4.2 Soil erosion and disturbance ...... 72 7.4.3 Impact on local hydrology and drainage ...... 73 7.4.4 Displacements and Resettlements ...... 73 7.4.5 Interference with installations and services ...... 73 7.4.6 Solid waste generation ...... 74 7.4.7 Increased energy and water use ...... 74 7.4.8 Liquid waste generation ...... 74 7.4.9 Hazardous/oil spills ...... 75 7.4.10 Dust and exhausts emissions ...... 75 7.4.11 Noise and Vibration ...... 75

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7.4.12 Public/occupational health and safety impacts ...... 75 7.4.13 Influx of immigrant workers ...... 76 7.5 POSITIVE IMPACTS DURING THE OPERATIONAL PHASE ...... 76 7.5.1 Improved living conditions and health in the settlements ...... 76 7.5.2 Promotion of secondary development ...... 76 7.5.3 Improved service delivery, emergency preparedness and response ...... 76 7.5.4 Improved environmental aesthetics in the settlement and reduced pollution ...... 77 7.5.5 Community participation in environmental management at the settlements ...... 77 7.6 NEGATIVE IMPACTS DURING THE OPERATION PHASE ...... 77 7.6.1 Increased demand for water and energy ...... 77 7.6.2 Increased runoff and alteration of local hydrology ...... 77 7.6.3 Rise in the cost of living ...... 77 7.6.4 Changing land use ...... 77 7.7 POSITIVE IMPACTS DURING THE DECOMMISSIONING PHASE ...... 78 7.7.1 Rehabilitation of the site ...... 78 7.7.2 Employment opportunities ...... 78 7.7.3 Less strain on utilities ...... 78 7.7.5 Reduced traffic related accidents ...... 78 7.8 NEGATIVE IMPACTS DURING THE DECOMMISSIONING PHASE ...... 78 7.8.1 Impacts on service delivery ...... 78 7.8.2 Reduced accessibility ...... 78 7.8.3 Impacts on health and sanitation ...... 78 7.8.4 Waste generation ...... 79 7.8.5 Increased vandalism and petty crimes ...... 79 7.9 ENVIRONMENTAL AND SOCIAL IMPACT EVALUATION ...... 79 CHAPTER EIGHT – IMPACT MITIGATION AND MONITORING PLAN...... 84

8.1 MITIGATION OF PLANNING AND CONSTRUCTION PHASE IMPACTS ...... 84 8.1.1 Displacement and Resettlements ...... 84 8.1.2 Minimizing vegetation cover loss ...... 84 8.1.3 Soil erosion and disturbance mitigation ...... 84 8.1.4 Mitigation of impacts on local hydrology and drainage ...... 84 8.1.5 Minimizing interruptions of services and installations ...... 85 8.1.6 Solid waste management ...... 85 8.1.7 Liquid waste management ...... 85 8.1.8 Energy and water use management ...... 85 8.1. 9 Hazardous wastes/Spills management ...... 86 8.1.10 Management of Air emissions ...... 86 8.1.11 Noise and vibration management ...... 86 8.1.12 Public and occupational safety ...... 87 8.1.13 Influx of immigrant workers ...... 87 8.2 MITIGATION OF OPERATION PHASE IMPACTS ...... 87 8.2.1 Ensuring commensurate sewerage treatment and water supply ...... 87 8.2.2 Managing increased runoff ...... 87 8.2.3 Changing land use management ...... 87 8.2.4 Water and energy use ...... 87 8.3 MITIGATION OF DECOMMISSIONING PHASE IMPACTS ...... 88 8.3.1 Ensuring service delivery is not interrupted ...... 88 8

8.3.2 Management of solid waste ...... 88 8.3.3 Reduction of dust/air emissions ...... 88 8.3.4 Minimizing noise and vibrations ...... 88 8.4 ENVIRONMENTAL AND SOCIAL MONITORING PLAN ...... 93 COSTS FOR MONITORING ...... 95 ENVIRONMENTAL TRAINING AND AWARENESS ...... 95 ENVIRONMENTAL RISK MANAGEMENT ...... 96 EMERGENCY PROCEDURES ...... 96 ENVIRONMENTAL AUDITS ...... 98 OCCUPATIONAL HEALTH / SAFETY AUDITS ...... 98 CHAPTER NINE: ENVIRONMENTAL MANAGEMENT PLAN ...... 99 CHAPTER ELEVEN - CONCLUSIONS AND RECOMMENDATIONS ...... 107

CONCLUSIONS ...... 107 RECOMMENDATIONS ...... 107 REFERENCES ...... 108 APPENDICES ...... 110

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LIST OF TABLES

Table 1: Summarized Environmental and Social Impacts and mitigation measures ...... 14

Table 2: Prioritization of investments in Nairobi ...... 25

Table 3: Summary of issues of concern and proposed mitigation measures ...... 66

Table 4: Potential positive environmental and social impacts for the proposed project ...... 80

Table 5: Prediction of adverse environmental and social impacts for the proposed project ...... 81

Table 6: Summary of impacts and mitigation measures ...... 90

Table 7: Environmental Social Management Plan and Monitoring ...... 100

LIST OF FIGURES

Figure 2:Kayole settlement aerial view showing coverage of the proposed roads and sewerage ...... 27

Figure 3: KCC settlement aerial view showing coverage of the proposed roads ...... 27

Figure 4.1. Community Cooker Layout...... 29

Figure 4: Land use map of Nairobi ...... 38

Figurer 5: A Section of KCC settlement ...... 39

Figurer 6: A section of Soweto settlement ...... 40

Figure 7: Aerial view of the roads in Kayole (L) and KCC (R) settlements ...... 41

Figure 8: Conditions of roads in the settlements ...... 41

Figure 9: Sewage flowing on the roads and improvised pit latrine with outlet for sewer release ...... 42

Figure 11: Public participation meetings in KCC and Soweto settlements ...... 65

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ACRONYMS AND ABBREVIATIONS

Cap - Chapter CBO - Community Based Organisation CDF - Constituency Development Fund CEMP - Community Environment Management Plan DEC - District Environment Committee DRSRS - Directorate of Resource Survey and Remote Sensing EA - Environmental Audit EHS - Environmental Health and Safety EIA - Environmental Impact Assessment EIAPR - Environmental Impact Assessment Project Report EMCA - Environment Management and Coordination Act 1999 ESMP - Environment and Social Management Plan ESMF - Environmental & Social Management Framework FBO - Faith Based Organisation GDP - Gross Domestic Product GOK - Government of the Republic of Kenya KISIP - Kenya Informal Settlements Improvement Project KMP - Kenya Municipal Programme Ksh - Kenya Shillings KURA - Kenya Urban Roads Authority LN - Legal Notice L. R. No. - Land Registration Number m - Metre MEMR - Ministry of Environment and Mineral Resources MLHUD Ministry of Lands, Housing and Urban Development N - North NCC - NEAP - National Environment Action Plan NEAPC - National Environment Action Plan Committee NEC - National Environment Council NEMA - National Environment Management Authority

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NET - National Environment Tribunal NGO - Non Governmental Organisation

NOX - Nitrogen Oxides NPEP - National Poverty Eradication Plan OP - Operational Policy OSHA 2007 - Occupational Safety and Health Act 2007 p.a - Per annum p.m - Per month PCC - Public Complaints Committee PPE - Personal Protective Equipment PRSP - Poverty Reduction Strategy paper RAP - Resettlement Action Plan RLA - Registered Land Act SEC - Settlement Executive Commitee RPF - Resettlement Policy Framework TOR - Terms of Reference UNCBD - Convention on Biological Diversity UNCCD - United Nations Convention to Combat Desertification UNCED - UN Conference on Environment and Development UNEP - United Nations Environment Programme WB - World Bank WHO - World Health Organization WSSD - World Summit for Sustainable Development

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EXECUTIVE SUMMARY

This report covers an Environmental and Social Impact Assessment (ESIA) undertaken for the Kenya Informal Settlement Improvement Project (KISIP) for a proposed infrastructure upgrade of KCC and Soweto Kayole informal settlements in eastern Nairobi. The Kenya Informal Settlement Improvement Project (KISIP) is Government of Kenya (GoK) initiative whose overall development objective is to improve living conditions in and informal settlements. Nairobi is among the 15 local authorities/Municipalities in Kenya participating in KISIP. The project proponent is the Ministry of Lands, Housing and Urban Development, partnering with other relevant Ministries, City/Municipal Councils and other stakeholders. The upgrade of KCC and Soweto informal settlements is to be implemented under KISIP‘s Component 3: Investment on Infrastructure and Service Delivery.

This ESIA complies with the requirements of Environmental Management and Coordination Act (EMCA) 1999 and Environmental (Impact Assessment and Audit) Regulations 2003 among other legal and regulatory frameworks. It has been based on the Environmental and Social Management Framework (ESMF) developed by the MoH and complies with the World Bank‘s Social and Environmental policies. The study adopted the standard ESIA methodology that included screening, scoping, baseline studies, public consultation and desktop study. Previously under phase 1 activities of the project component, an Inception, a Socio-Economic Survey and an Environmental and Social Screening reports were developed as part of a process that would contribute not only to this study but the final project output.

Soweto Kayole and KCC settlements, home to about 100,000 inhabitants distributed in 15,000 households are over 20 years old. The settlements are separated by the dense residential areas of Kayole and Umoja. The densely populated experience poor sanitation, inaccessible and poorly maintained roads, and water shortage. The same is also experienced in KCC through its sanitary conditions are better compared to Soweto‘s. KISIP‘s prioritized investments for these settlements are: roads, sewerage, water supply and sanitation.

The project will address the aforementioned issues so as to improve living conditions for the residents in the settlements and the health of the environment will also improve. During its construction phase, the project will create employment to the local community and boost

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businesses. The project contributes to the realization of the goals of the Vision 2030 and Millennium Development Goals locally.

Impacts and Mitigation Measures

The ESIA identifies adverse environmental and social impacts resulting from investments in roads, sewerage, Street lighting, solid waste management, water supply and sanitation infrastructure proposed in the project; and provides mitigation measures to minimize or even avoid the negative impacts. Positive impacts due to the proposed project have also been identified. The following potential positive environmental and social impacts are associated with the proposed project:  Employment Creation  Creation of business opportunities for the material suppliers, food vendors  Improved road accessibility  Better storm water evacuation  Improved sanitation due better sewer disposal The potential negative environmental and social impacts associated with the development include the following:  Potential displacements of people ,  Increased run-off and soil erosion  Generation of both solid and liquid waste  Hazardous spills – Oil and fuel  Public and workers Safety  Increased demand for water and energy  Influx of speculative workers  Interference with installations, service routes and utilities  Additional strain to the public amenities and services A summary of environmental and social impacts on the various components of the environment covering all project phases are presented in the table below:

Table 1: Summarized Environmental and Social Impacts and mitigation measures

Environmental and Potential Impacts Mitigation Measures Social Components Land  Vegetation loss due to  Clear vegetation only where

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constructional activities, minimal necessary impacts since no significant  Avoid vegetation clearance on vegetation cover sloping surfaces where possible  Excavation activities may  Balance cut and fill operations and expose soil to erosion ensure only parcels of land for  Solid waste: Construction waste infrastructure development is including excavated soil, cleared packaging waste and  Provide sufficient strutting construction crew generating and shoring of critical excavation waste, Waste from households areas;  Hazardous spills could Prevent undue potentially occur while handing movement/transportation of soil hazardous substances including materials from the site; oil, fuel, and chemicals.  Reduction, reuse and recycling Accidental spillages could cause strategies to minimize waste soil contamination  Segregation , proper collection and disposal of solid waste  Spills response and containment strategy to be put in place  Proper disposal of contaminated sol Water  Alteration of local hydrology and  Limiting compaction activities to the drainage leading to increased areas where construction work is run-off undertaken only  Discharge of untreated sewer  Provide proper drainage for during the operation phase  Dispose all untreated waste water  Increased water demand through the public sewer system  Consider water harvesting and water conservation measures including treating and reuse

Air  Dust emission during  Use of low sulfur fuel and sprinkling construction water to arrest dust  Exhaust emissions from vehicle  Proper disposal and treatment of and construction equipment waste  Odours from untreated waste Human/Social  Displacements and  Prepare RAP for resettlements and resettlements to pave way for issue compensation where the laying of the infrastructure applicable could affect encroachers and  Give local priority in employment legitimate residents  Provide alternative access and plan  Construction activities could activities well to avoid disruption of disrupt social activities and lives local activities by blocking access routes,  Liaise with plot owners, utility interrupting supply of utilities providers and local authorities and paralyzing service provision before engaging in work likely to Interference of utilities/services interfere with supply lines routes  law enforcement to prevent crime  Safety and health risks to the and antisocial activities public and workers due to  Municipality to monitor development construction e.g injuries, traffic and support residents welfare to accidents, and nuisance due to avoid social marginalization

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noise and activities  regulation of traffic and enforcement  Speculative immigrant workers of laws to prevent accidents and may increase in the project site other hazards causing security risks, antisocial behaviors and bringing nuisance  increased living cost due to improved standards in the settlement  Accidents from roads due to high flow of traffic

Environmental and Social Management Plan (ESMP)

An Environmental and Social Management Plan (ESMP) has been developed. It summarizes the identified adverse impacts and remedial measures, monitoring indicators and frequency of monitoring along with requisite institutional arrangements for effective implementation of mitigation measures during planning, construction, operation as well as the decommissioning phase of the project.

Conclusions and recommendations

The conclusions were as follows:

 The project will not have significant negative environmental and social impacts at the planning, construction, operation and maintenance phases as well as during its decommission phase;  The identified negative environmental and social impacts are manageable with the mitigation measures proposed;  The anticipated positive benefits will outweigh the negative impacts that largely short-term and reversible, associated mostly with the construction phase;  The various stakeholders consulted including the settlement dwellers welcomed the development and suggested to the proponent measures to take in addressing their concerns;  The project will improve living conditions for the citizens living in the settlements and will have a positive impact their health and social well-being;  The project is consistent with the government‘s policy objectives relating to environmental management and sustainable development. It supports the Vision 2030 and the MDGs.

The following are recommendations made:

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 That, the Proposed project to be implemented with full adherence of the outlined mitigation measures, the ESMP and all other legislative and planning requirements for all construction activities.  An abbreviated RAP be undertaken to address issues of resettlement and its social implications  To ensure sustainability of the project, build more capacity both in the community and the caretaker institutions to be able to undertake necessary monitoring and maintain the project.  The approval of the project by NEMA since there are no significant environmental and social impacts identified. All negative impacts will be sufficiently addressed by the mitigation measures that have been proposed.

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CHAPTER ONE – INTRODUCTION

1.1 Project Background

Nairobi has the highest urban population in Kenya, currently estimated to be 3,138,369 (KNBS, 2009). The City also has the largest proportion of its population that is over 60% living in slums and informal settlements. The urban population of Nairobi has been growing rapidly in the last few decades without commensurate planning for urban infrastructure and growth. The deficit in housing supply resulting in a combination of factors including rapid urbanization and high population coupled with high poverty incidences has caused slums and informal settlements to develop in the city. In Nairobi, slums and informal settlements have developed in Langata, Dagoreti, , Makadara, and Embakasi areas. in Langata is one of the largest in Nairobi and even regionally. Some of the informal settlements are recent developments occurring as appendages to the larger and older slums. Populations in living in the informal settlements are always faced with deficient, health threatening conditions.

The Kenya Informal Settlement Improvement Project (KISIP) was initiated by the Government of Kenya (GoK) through the Ministry of Lands, Housing and Urban Development (MoH) to support its urban and local government sector. The project which is funded by World Bank and other partners will be rolled out in 15 Municipalities for an initial 5 year period that started in 2010 and ends in 2015; the project targets at least 2.5 million people living and working in slums and informal settlements in Kenya. KISIP follows a similar program by the government; The Kenya Municipal Program (KMP) implemented by the Ministry of Local Government (MOLG). Whereas KPM‘s main focus is building institutional capacity and city wide infrastructure, KISIP will focus on poverty reduction and improvement of living conditions in informal settlements.

The project has received funding from the World Bank, the Swedish International Development Cooperation Agency (SIDA) and the Agence Française de Développement (AFD). KISIP selected KCC village and Soweto Kayole settlements in Nairobi for upgrade. It will fund roads, sewerage, security lighting, solid waste management, water supply and sanitation infrastructure. These are prioritized investments by the residents.

The KISIP is desirous to ensure that environmental and social issues are adequately identified and addressed in all its components and in particular for infrastructure investments. Appropriate safeguards for the management of the environment and the protection of the communities affected by the KISIP projects are of critical importance to the project objectives. To achieve this, an Environment and Social Management Framework (ESMF) and Resettlement Policy Framework (RPF) were prepared and approved as part of the financing agreement between the Government

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of Kenya and the World Bank. The ESMF provides guidance on integrating of environmental issues into project design and implementation; while the RPF provides guidance on mitigating the likely impacts associated with land acquisition and displacement.

The ESMF was prepared in compliance with the World Bank‘s Safeguard Policies and Kenya‘s Environmental Management and Coordination Act (EMCA) of 1999 both of which require environmental and social assessment prior to any investment. However, the ESMF and RPF are NOT a substitute for the Environmental Impact Assessment (EIA) for individual projects as provided for under the Environmental Management and Coordination Act, 1999 and the Environmental (Impact Assessment and Audit) Regulations 2003. Individual projects financed by the program will undertake EIAs determined through a screening process provided under the ESMF.

The Environmental Management and Coordination Act (EMCA), 1999 and Word Bank Operational Policies require that an Environmental and Social Impact Assessment (ESIA) be done for projects likely to affect the environment significantly notwithstanding any approval, permit or license granted under the Act or any other law in force in Kenya. The ESIA should anticipate environmental impacts and suggest mitigation measures to minimize the significance of these impacts, or even eliminate their likelihood. MoH in compliance with the requirements of the Environmental Management and Coordination Act (EMCA) 1999 and the World Bank Environmental and Social Policies carried out an Environmental and Social Impact Assessment for the development in Nairobi

The ESIA study fulfills the requirements of EMCA, 1999 and those contained in the Environmental (Impact Assessment and Audit) Regulations. It adhered to the World Bank Environmental and Social Polices. The ESIA was also undertaken within the Environmental and Social Management Framework (ESMF) developed by KISIP for its investments.

1.2 Objectives of the ESIA

The objectives of the ESIA are:  To identify and predict the adverse environmental and social impacts resulting from the implementation of the proposed project.  To develop mitigation measures for the identified environmental and social impacts  To identify and predict the positive environmental impacts resulting from the implementation of the proposed project.  To establish the environmental baseline conditions for monitoring  To review and analyze alternatives to the proposed project ;  To develop an Environmental Management Plan for the proposed development

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 To present results of the ESIA in such a way that they can guide informed decision-making.

1.3 Scope of the study

The scope of the study included the carrying out of environmental investigations within the current legislative framework. This was done in line with the requirements of Environmental Management and Coordination Act (EMCA) 1999 and Environmental (Impact Assessment and Audit) Regulations 2003 among other legal and regulatory frameworks. The study also duly complied with the World Bank‘s Social and Environmental policies. The scope of the study included the following:

 The baseline information on the project area.  Description of the proposed development  Relevant legal, regulatory and institutional framework to the proposed project  Public/community/ and stakeholders consultation.  Identification of positive and negative impacts of the proposed project on the environment  Analysis of practicable alternatives to the project.  Mitigation measures and cost estimation for all negative adverse impacts of the project.  An Environmental Management Plan and monitoring framework

1.4 Consultancy Terms of Reference

The Consultancy Terms of References (TOR) for this ESIA are defined below:

i. To determine whether the proposed project will have adverse impacts on the environment and recommend mitigation measures for any adverse impacts identified; ii. To find out the positive socio-economic and environmental impacts and benefits associated with the proposed project for the purpose of enhancement; iii. To identify health and public safety concerns associated with the implementation of the proposed project and provide an action plan for the managing public health and safety; iv. To identify and analyze alternative scenario or options. v. To review various existing institutional, legal and policy frameworks on environmental planning and management for the proposed project vi. To collect baseline information on the project site, operations and the proposed development. vii. To collect views from the public/community around the project area and relevant stakeholders. viii. To develop mitigation measures and cost estimation for all negative impacts of the project.

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ix. To develop an Environmental Management Plan and Monitoring Framework for managing the environmental and social impacts of the proposed development during and after the implementation of the project;

1.5 ESIA Approach & methodology

1.5.1 Screening

An Environmental and Social screening was applied the feasibility stage of the project. This was to determine the applicability of both GoK and World Bank Safeguard Policies and statutes. Overall, screening sought to determine the need for an ESIA. The process determined that the Second Schedule of EMCA, 1999 and World Bank Safeguard policies were applicable due to the potential significant environmental and social impacts. The screening recommended a project level EIA be undertaken for the project.

1.5.2 Scoping

Scoping was undertaken to determine the diversity and severity of impacts anticipated so as to determine the scope of investigations needed and the requisite ESIA skills needed. The process identified the main issues and significant environmental and social impacts to focus on. The Terms of Reference (ToR) were drawn following the scoping exercise. The main issues identified include: environmental and social conditions existing before the project and the impacts on the social and natural environment after during and after implementation.

1.5.3 Baseline study

The exercise involved the study of baseline description of environmental and social characteristics of the project area. It involved visits to the settlements for observations, photography, and consultation with stakeholders. The description of the baseline included: bio-physical features, socio-economic, infrastructure and land. The socio-economic survey report that was done as part of the wider consultancy provided most of the information for the ESIA.

1. 5.4 Desktop Study

The study entailed review of literature about the project area; review of relevant legal and policy frameworks; project documents including design concepts and reports. Previous reports of the project that informed this study include:

- The Inception Report for KISIP Socio-Economic Survey Consultancy Services - The Socio-Economic Survey Report for KCC and Soweto Kayole Settlements – Ministry of Lands, Housing and Urban Development

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- The Environmental and Social Management Framework for KISIP projects – Ministry of Lands, Housing and Urban Development

1.5.5 Public participation

The public and stakeholders were involved since the inception of the project. Public participation has been key to the process from the project feasibility stage, socio-economic baseline studies, project screening stage, and scoping stage, analysis of alternatives and the impacts analysis and mitigation. Public barazas, focused group discussions, meetings, and interviews were employed to achieve the objective.

1. 5.6 Reporting

The ESIA report in accordance with regulations 7 and 8 of Legal Notice 101 of EMCA, 1999 has been prepared and submitted to NEMA.

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CHAPTER TWO – PROJECT DESCRIPTION

2.1 Project Location

The project will be implemented in Embakasi KCC and Kayole Soweto settlements in Nairobi County. Nairobi has one local authority which is the Nairobi City Council created under the Local Government Act Cap 265, now repealed by the County Government Act, 2012. Nairobi County covers an area of 695 Km2 and has 8 administrative divisions and 49 locations.

Embakasi KCC and Kayole Soweto settlements are located in the eastern part of Nairobi in Embakasi District. They fall within Savannah and South Locations respectively.

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Figure 1: Map showing the project location of the settlements in Nairobi

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2.2 Project’s overall Objective

The overall project development objective of the KISIP is to improve living conditions in KCC and Soweto Kayole settlements in Embakasi District by investing on roads, security lighting, drainage for water, solid waste management, sanitation and sewer system.

2. 3 Project Description and Design

KISIP was designed with the following four components: Component 1: Strengthening institutions and project management - This component will support institutional strengthening and capacity building of the Ministry of Lands, Housing and Urban Development, the Ministry of Lands, and the participating municipalities. It will also finance the management activities associated with project implementation and establishment of a monitoring and evaluation system. Component 2: enhancing tenure security- This component will support systematization and scale-up of ongoing efforts to strengthen settlement planning and tenure security in urban informal settlements. Component 3: Investing in infrastructure and service delivery - This component will support investment in settlement infrastructure, and, where necessary, extension of trunk infrastructure to settlements. Component 4: Planning for urban growth- will support planning and development of options that facilitate the delivery of infrastructure services, land, and housing for future population growth. Under the Component 3 of the KISIP, the investments for the selected municipalities include the following presented in the table:

Table 2: Prioritization of investments in Nairobi KISIP Investment KCC(%of households) Kayole Soweto (% of household) Roads 38 25.7 Sewerage 31 17.1 Water supply 8.5 29.6 Storm water drainage 2.8 2.4 Street and security lighting 4.0 5.5 Garbage collection 4.1 4.9

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Electricity 11 12.9 Source: Ministry of Lands, Housing and Urban Development Socio-Economic Survey Report for 2012 The prioritized investment which have been settled on for the two settlements based on their feasibility and consultation with the stakeholders are described in the following sub-sections

2.3.1 Roads

It will entail the following 3 design sub-components in the proposed Plans:

A. Upgrading of main settlements access roads

This will entail upgrade of the main settlement access roads based upon the planned KURA urban road network. In the layout diagram below, KCC BRD 1 and 5 and SW. BRD 1 and 2 denotes main settlement access roads for KCC and Soweto respectively proposed for improvement to bitumen standards.

B. Upgrading of Internal settlements roads

This entails upgrade of internal settlement roads based upon the settlement PDPs. This sub- component has been split into 2 different road segments, which corresponds to priorities in the road network design. In KCC roads KCC BRD 2 and 4 are proposed for improvement to bitumen standards while KCC GRD 1 to 4 is proposed for improvement to gravel standards. In Soweto, SW BRD 3 and 4 proposed for improvement to bitumen standards and SW. GRD 1 to 13 proposed for improvement to gravel standards

C. Provision of main settlement footpath

There will be provision of main settlement footpaths based upon the settlement PDPs. This will be provided along the main settlement access roads and pedestrian priority routes. For KCC settlement, the PDP provides an extra stretch of 75m for provision of footpaths especially for the population that accesses and exits the settlement on the railway side to Mutarakwa road.

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Figure 2:Kayole settlement aerial view showing coverage of the proposed roads and sewerage

Figure 3: KCC settlement aerial view showing coverage of the proposed roads

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2.3.2 Drainage works

This will involve repairs and rehabilitation of drainage system existing in some sections and extension of the system where it lacks. The drainage system will be largely masonry; culverts will be installed in some areas. Protection walls and head walls will be provided accordingly.

2.3.3 Water and Sewerage

This will entail settlement wide extension of the existing water supply and sewer connection. Rehabilitation of the existing dysfunctional infrastructure will be carried out. Additional piping and construction of manholes and chambers will be undertaken. This investment menu will not be rolled out in Kayole Soweto because there are already similar initiatives on going in the settlement.

2.3.4 Solid Waste Management

The investment will entail 2 sub-components:

1.) A solid waste management infrastructure

An elaborate household waste collection plan and a suitable transfer station have been proposed.. The community cooker station will provide a safe, easy and conveniently located where smaller loads delivered by handcarts and individuals will be consolidated, sorted and utilized. The proposed community cooker collects and burns rubbish in order to generate heat that can be used for cooking, baking, boiling water and for other light industrial purposes. The cooker turns rubbish into energy for cooking, baking and boiling water. It has two complementary functions; to address sanitation, health and environmental issues associated with the growing mounds of rubbish in informal settlements, and to provide communities with alternatives to charcoal, firewood and paraffin for cooking meals and boiling water. The Community Cooker has the potential to transform informal settlements and rural villages into resource rich communities. Simple Layout of community cooker is shown below in figure 4. Three community cookers are proposed: two in Kayole Soweto and one in KCC.

2.) Functioning of Community Cooker.

The cooker itself is made of welded steel insulated with fire bricks on all four sides. The top of the cooker consists of a metal plate, and serves as the cooking surface. The cooker has two ovens for baking located underneath the metal plate. A chimney carries the smoke from the combustion chamber to the chimney‘s outlet high above the neighborhood‘s roofline. Because the stove burns rubbish at over 800 degrees Celsius, it achieves 99 percent combustion, producing smoke that is white in color and almost odorless. At the bottom of the stove there is a wide metal chute that

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allows rubbish to be pushed from the trash storage racks into the combustion chamber of the stove. Dry, sorted rubbish is manually fed by the stove operator. The Community Cooker is deliberately designed to be labour intensive and to use locally available materials so that repairs, maintenance and operation can easily be carried out by members of the local community.

In March 2011 the Community Cooker in site was tested for stack emissions and residual ash. The results show that the Community Cooker has combustion efficiency of 99 percent and that the levels of SO2 NOx and heavy metals detected fall within the regulatory limits of United States EPA and World Bank IFC guidelines. These Results also meet Kenya Air Quality and Waste Management Standards. Environmental Measure Report NRB1152-009421 March 2011. Also refer to Design Engineering report for the Nairobi Settlement.

Figure 4.1. Community Cooker Layout.

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2.3.5 Street lighting

The street lighting infrastructure component will entail provision of floodlighting equipment in the settlements. KCC settlements will receive 4 floodlights and Soweto will have 6 floodlights installed in strategic locations in both settlements.

2.4 Description of Project’s Constructional Activities

2.4.1 Construction procedures

The procedure will be determined in the final designs by the structural engineer. This also applies to the type of equipment and materials for construction. The general constructional activities are outlines as follows:  Site preparation and mobilisation of equipments and materials  Clearance of routes of traverse for roads, drains, sewer and water pipes, foot and bike paths.  Excavations, and disposal of waste material  Desilting and repairs of existing sewerage and storm drainage systems  Civil work for the access roads, drainage , and sewer lines  Road repair works including grading, patching and levelling  Application of bitumen and masonry work, installation of culverts  Laying the pipe work for water and sewerage  Installation of electric cables and equipment for floodlighting  Construction of manholes and chambers for the sewerage systems  Construction of solid waste transfer stations and installation of household bins  Paving passages and landscaping  Removal of by-products and unused materials

2.4.2 Materials, inputs and technology at the construction phase

Materials The materials needed at the construction stage will include the following:-  Gravel  Bitumen  Concrete pipes  Quarry stones  Steel pipes  Concrete slaps

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 Cement  Sand  Manhole covers(plastic, mix concrete and steel)  Lighting equipment and electric cables Inputs  Water – significant quantities will be required for concrete mixing, sprinkling dust, washing , cleaning, waste disposal and for drinking by the construction crew.  Energy- Mostly fossil fuel will be required to run machinery and transport vehicles.  Labour – Both skilled and unskilled labour will be employed in the construction, majority will come from the community. Technology The project will apply the most cost-effective and environmentally friendly technology during construction. The technology applied will meet local and internationally established standards. The proponent will adhere to best and common industry practices applicable to urban infrastructure.

2.4.3 Potential wastes at the construction phase

Solid Waste

Construction activities will generate significant waste, both solid and liquid

 Soil from excavation work  Rubble/debris  Packaging materials – cement bags,  Old spare parts  Used oil and greases  Garbage  Old pipes and off-cuts Liquid Waste/Effluent

 Waste water due to cleaning activities  Sanitary effluent from construction crew

2.4.4 Waste Management during the construction phase

Prudent waste management measures should be applied during the construction phase of the project so as to minimize the negative environmental impacts It is expected that this waste will be minimal and best management practices applied in the handling and management. Primarily, the waste will be reduced at source and where inevitable, reuse or recycling of the waste will adopted.

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Handling of hazardous wastes will be done according to EMCA Waste Management Regulations of 2006 and safety standards provided for in OSHA Hazardous Substances Rules of 2007. The practice of using foam off-cuts in making re-cons will reduce waste

2.5 Description of Project’s operational activities

The residents of KCC and Kayole Soweto Settlements will have accessible roads, footpaths, lit streets, solid waste management infrastructure, functional drainage systems, water supply and sewer reticulation. Transport activities will increase and this will influence trade activities and secondary development. In summary, the operational phase activities are outlined below:-

 Movement of motorists, cyclist, and pedestrian on the access roads and paths  Disposal of sewer  Drainage of storm and waste water  Repair and maintenance of the roads, drains and sewer lines

2.5.1 Potential wastes generated at the Operational phase

Solid Waste

Solid waste due to the project will include sludge from the septic tanks, rubble/debris, old pipes, household waste and other repair and rehabilitation related waste. The waste is expected to be very minimal and its generation will depend on the durability of the roads, drains and also the capacity of the sewer system to handle wastes from the settlement. The solid waste management component of the investment will handle the solid waste especially waste generated at household level.

Liquid waste/Effluent

The drainage system that will be in place will handle storm water and sanitary effluent will be disposed through the sewer system.

2.6 Project’s decommissioning activities

Though decommissioning is not envisaged in this type of project, the following activities will characterize the phase: demolition of works including sanitary fixtures and drainage infrastructure; rehabilitation of the site, removal solid waste and any other necessary action to restore the site to its near original status.

2.6.1 Potential wastes generated at the decommissioning phase

 The waste that could be generated include:

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 Building rubble/debris  Old fixtures and pipes  Excavated material  Sludge from septic/ sanitary facilities, etc

2.7 Project Justification

The project will have positive environmental and social benefits after implementation. It will improve living conditions for the residents and reduce environmental pollution from waste disposal activities in the settlements. The infrastructure that will be provided will ensures accessibility through roads, better evacuation of storm water and run-off, and means for disposal of domestic liquid waste and sewage. Due to poor drainage, flooding affected about 75% of households in KCC settlement and about 44% of the residents in Soweto Kayole where mudslides were identified as a problem to some residents. Only 20% of the households are formally connected to a public sewerage system in Soweto Kayole while in KCC settlement 41% have formal connection. The project will address the problem of solid waste which is serious in the settlements.

The project will create employment during its implementation and will create a framework that will provide for a systematic improvement and continued investments in slums across the country. The project will support the Ministry of Lands, Housing and Urban Development and local authorities in tackling housing and settlement challenges anticipated in the future due to population increase. In the last census of 2009, an estimated 39% of the Kenyan population was urban based. The World Bank estimates that 54% of the population or 23.6 million people will be living in urban Kenya by 2030.

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CHAPTER THREE – BASELINE INFORMATION OF THE STUDY AREA

This chapter provides a description of the baseline environmental and socio-economic conditions of the project area based on primary and secondary information. The information was obtained through consultations, site visits and review of literature material.

3.1 Socio-economic characteristics of the project area

The socio-economic characteristics of the project area are provided in this section. The information was obtained from both primary and secondary sources with the Socio-economic survey carried out as part of the wider consultancy providing most of the information specific to the project area.

3.1.1 Macro-economic setting

Kenya is slowly picking up momentum for economic growth after unimpressive performance in the past attributable to poor governance and ugly events associated with past election cycles. The impetus for growth is premised on a number of strategies by the government, key among them; the Kenya Vision 2030. The vision identifies economic, social and political pillars as necessary key strengths necessary to transform Kenya into a middle class economy by the year 2030. A stable macro-economic environment which is highly dependent on a timely and efficient monetary policy will be required for >10% growth of GDP to be realized. Important sectors that will unlock the country‘s economic potential include tourism, agriculture, manufacturing, and service sectors. The country is making investments on infrastructure including roads, energy, communication and technology. There is an effort to address housing challenges and the proliferation of slums and informal settlements.

Nairobi is an international, regional, national and local hub for commerce, transport, regional cooperation and economic development. The City is a business strategic hub for eastern, central and southern African countries. Nairobi City is a major contributor to Kenya‘s economy, it accounts for approximately 45% of the country‘s GDP. Most manufacturing and private business enterprises are based in Nairobi; majority of urban workers are also based in the City. In terms of urban poverty afflicting residents, it is observed that Nairobi experience deteriorating economic conditions much faster than the national trend. The influence of Nairobi on the neighbouring peri-urban and urban areas has given rise to the Nairobi Metropolitan Region (NRM) and a vision for economic growth and development. NRM seeks among other objectives, to build a robust, internationally competitive, dynamic and inclusive economy; and develop world class infrastructure to support development.

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3.1.2 Population

The population of Nairobi is estimated at 3,138,369 representing an estimated 985,016 households (KNBS, 2009). Soweto and KCC settlements are located within the populous former with an estimated population of 925,775 according to the 2009 national census.

The population of Soweto and KCC settlements is estimated at 90,000 and 10,000 respectively with over 15,000 households in the settlements.

3.1.3 Poverty and income levels

Nairobi County has a significant percentage (22.5%) of the population living in poverty. It ranks second nationally where poverty is 47.2%. The socio-economic survey report shows that majority 66.4% of households in KCC settlement had their income ranging from Ksh 9,000 to Ksh 22,500 while Soweto 45.1% of households earn income ranging between Ksh 9,000 and Ksh 18,000 and those earning less than Ksh 9,000 constitute 24.8% and 18.7% in Soweto and KCC respectively. The disposable income for households is generally low, majority of the residents live in poverty.

3.1.4 Education

In KCC and Soweto, the survey carried showed there was low level of educational attainment in the settlements; about 80% of adults have only completed primary school education. The enrollment amongst children is almost 100%. There are so many schools, both private and public, that are accessible to the children.

3.1.5 Health and Social issues

The main health issues in Nairobi include access to health facilities, child and maternal mortality and the incidences of certain diseases such as HIV/ AIDS, tuberculosis and malaria, among others. According KNBS, Nairobi has better health than the country average; malaria incidence is at 12.4% as compared to the national average which is at 27.7%, TB though is worse in Nairobi where 47 per 10,000 people are infected compared to the national average of 39 per 10,000 people). HIV and antenatal care access is at 7.5%.

According to the socio-economic survey conducted in KCC and Kayole settlements, results showed that in 52% of the households could access health clinics and 16% could access hospitals. Also in KCC settlement, malaria was identified as a predominant disease by 51% of the families followed by diarrhoea by 25% of the families. In Soweto Kayole settlement, 44% of households could access hospitals and malaria was identified as predominant disease by 53% of the families

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followed by diarrhoea by 21% of the families. Access to healthcare in the settlements is generally good and diseases identified have a relation with the state of environment. Unsanitary conditions and poor drainage have predisposed the residents to these ailments.

3.2 Bio- physical Environment

3.2.1. Topography

The physiology of Nairobi Metropolitan region varies from the steep slopes valleys in the northern zone to the mild sloppy central and flat terrain in the southern and eastern zones. The elevation varies from 1,800m a.s.l to the north (Kiambu, Limuru, Kikuyu and Ngong) to 1,600m a.s.l. in the south and east (Kajiado) over 50km providing reasonable slope, explaining why the upper zones of the Metropolitan are well drained. The main features influencing the topography of the region are the Aberdares, Kikuyu escarpment and Ngong Hill for the Northern zone. The KCC settlement is on a relatively flat terrain with a gentle slope towards the Nanyuki- Nairobi railway crossing to the North. The land in Soweto settlement forms a ridge sloping eastwards towards River and westwards of the settlement.

3.2.2. Climate

The settlements experience Nairobi‘s climate which has a temperate tropical climate with two rainy seasons. Highest rainfall is received between March and April and the short rainy season is between October and December. The mean annual rainfall ranges between 850 – 1,050mm. The mean daily temperature ranges between 12oC and 26°C. It is usually dry and cold between July and August, but hot and dry in January and February. The mean monthly relative humidity varies between 36% and 55%. The mean daily sunshine hours varies between 3.4 and 9.5 hours. The cloudiest part of the year is just after the first rainy season, when, until September, conditions are usually overcast with drizzle.

3.2.3. Geology and Soils

The general geology of Nairobi area mainly comprise of a succession of lavas. The soils of the Nairobi area are products of weathering of mainly volcanic rocks. Weathering has produced red soils that reach more than 50 feet (15m) in thickness. The soils observed in the settlements are the ill-drained black cotton to sandy loam.

3.2.4 Water Resources

The main river in the Nairobi (the Central Zone) is the Nairobi River flowing through the city. It is the main river of the Nairobi river basin, a comprising of several parallel streams flowing

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eastwards. All of the Nairobi Basin Rivers join east of Nairobi and meet the Athi River, eventually flowing to the Indian Ocean. Nairobi River is the main influencing basin with it s tributaries including Ruiru River, Kamiti River, Rui Ruaka, Karura River, Gitathuru River, Mathare River, Kirichwa and Motoine-Ngong River. The Motoine River flows to the Nairobi Dam and further onwards the stream continues as Ngong River. Soweto settlement is located near the highly contaminated Mathare River. The settlement contributes to the contamination through the disposal of feacal waste.

3.2.5. Flora and Fauna

There are no significant vegetation of diverse nature and faunal species. Every available space in the settlements has a human footprint. A few trees, grass, and ornamental plants exist while for the fauna; insects, birds, and reptiles could still be existing but mostly rare. Mammals include the domesticated animals like cattle, goats, and pigs.

3.3 Land Use and Informal Settlements

3.3.1 Land tenure and ownership

Land ownership in Nairobi includes public and private. Most land is privately owned in Nairobi through leaseholds. Private land is owned either by individuals or by groups of individuals with freehold titles. The land where the settlements sit is public land that the government has issued allotments to the settlers.

3.2.2 Land use

Nairobi has eight major land-use classes identified according DSRS. These are: residential use; industrial; commercial and service centres; infrastructure and development; recreational areas; water bodies and riverine areas; urban agriculture; open lands and others; and protected areas. The land where the settlements sit is used largely for residential use with sections used for commercial, service and infrastructure development.

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Figure 4: Land use map of Nairobi

3.4 Informal settlements

The history of informal settlements in Nairobi is traced back to the pre-colonial times, from 1902 when Nairobi was officially founded. The colonialists displaced many people who were living in Kiambu, Limuru, Mbagathi, Ruiru and other areas. The displaced would later become squatters and following the independence, more people migrated to the city; as a result, temporary dwellings began to spring up. It has also been reported that the Kenyatta administration allowed migrants who could not find accommodation in the formal low-cost estates like Kariokor, Bahati and others to put up shacks within the city, as long as these were not too close to the CBD. Some of the drivers for slums proliferation include rapid increase in urban population, high cost of land and land speculation, inadequate housing, lack of proper forward planning preceding actual development.

3.4.1 KCC Settlement

The settlement is named after a milk processing facility adjacent to the settlement. it came into existence as a result of resettlement of squatters by the late minister Honorable Mwenje. In 1977, KCC relocated these families from the current location to an alternative site behind the factory. However, in 1978, the families relocated back to the current site near Mwenje high school. In 2000,

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an enumeration was done by the Nairobi City Council and 501 plots were allocated to the community. Between 2003 and 2004, allotment letters were issued to the beneficiaries. The population in the settlement is estimated at 10,000 and has close to 3,000 households. The settlement has similar climatic characteristics as Nairobi. The settlement lacks proper drainage and sewer disposal system and often on the receiving end when blocked sewer line originating from neighboring Umoja estate spill its contents on the passage ways. The earth covered roads and would normally be dusty during dry seasons or impassable in wet seasons. Solid waste disposal is also another sanitation issue for the residents while on social matters, poverty, HIV/Aids and sanitation related diseases such as malaria and diarrhea are common.

Figurer 5: A Section of KCC settlement

3.4.2 Kayole Soweto Settlement

Soweto settlement in Umoja Division came into existence on 7th November 1988 after a letter was written by the then District Commissioner to the area chief of Embakasi stating that the government had plans to resettle people from various slums in Soweto. The land that the settlement sits on was part of Embakasi Barracks. The land was surveyed by the Kenya Army and each family was allocated a plot. All the beneficiaries have been issued with allotment letters by the City Council of Nairobi.

The settlement is divided into 10 villages: Muungano, Central, Kibagare, Muhoroto,Gitau, Bahati, Shauri Yako, , Patano, and River Bank. The resident population of the settlement is estimated at 90,000 with more than 12,000 households. Most of the residents are engaged in small

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trade and businesses, mainly shops selling household goods and small wares. Kiosks for selling vegetable and food items are very common. Some work in the informal sector including jua kali, construction works and in the industrial sector.

Figurer 6: A section of Soweto settlement

3.5 Infrastructure and services

Infrastructure and services in Nairobi are not adequate due to the rapid population growth and the lack of proper forward planning preceding actual development. Access to the infrastructure and services is by a few, mostly living in the well planned and the up market areas of the city. The informal settlements are poorly served or not served at all with poor basic infrastructure such as roads, sewerage, drainage, water supply and sanitation. The status of infrastructure and services in KCC and Soweto Kayole settlements is provided in this section.

3.3.1 Roads

Nairobi generally has well developed roads than most parts of the country. Intercity roads are mostly paved with rail network for both cargo and commuter services. The 8 roads within KCC settlements are mostly murram roads. The main access road linking the settlement to Kangundo road is dust road. Soweto Kayole settlements have also poorly developed inter-settlement roads and passageways. The 4 roads within the settlements are mostly dust and murram covered in some sections with some sections of these roads have been encouraged. The socio-economic survey results for Soweto Kayole showed that only 38% of the households reported about having access to tarmac, or gravel/ murram, or paved roads.

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Figure 7: Aerial view of the roads in Kayole (L) and KCC (R) settlements

Figure 8: Conditions of roads in the settlements

3.3.2 Energy

Energy is essential for economic and social development which forms the basis for improved quality of life. Nairobi is the largest consumer of energy that includes electricity, petroleum fuel, and biomass derived energy. According to KNBS, 72.4% of households could access electricity in 2009. In the socio-economic survey, it was found that 34.5% of the households in KCC have electricity connection and in Soweto Kayole, 54% had connection therefore, those without connection used kerosene fuel for lighting. Most households in both settlements use kerosene/paraffin and charcoal for cooking.

3.3.3 Water Supply

In Nairobi, it is believed higher income groups that constitute 11-12% of the population consume 30% of domestic water. The Tana drainage basin supply almost 75% of Nairobi‘s high water demand (Industrial, commercial, and domestic). Most supply to Nairobi is through the NCWSC

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supply but in most slums and informal settlements where NCWSC supply is inexistent, water vendors and water kiosks are relied on by the dwellers. In KCC, 51% of the families piped water supply either through private or shared connection compared to Soweto Kayole with 37.7% of households which relied on water kiosks.

3.3.4 Sewerage and drainage

Most informal settlements in Nairobi are not served by the existing water-borne sewerage system. These settlements lack proper infrastructure for sewerage and in some where the trunk sewer lines are available, they cannot connect due to the costs involved and physical impediments because of the nature of the settlements. In KCC settlement, about 40.7% of the households have toilet facilities formally connected to public sewerage system, while one-third (32.9%) of the households have their disposal system connected to pit latrine.

Figure 9: Sewage flowing on the roads and improvised pit latrine with outlet for sewer release

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CHAPTER FOUR – POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORKS

4.0 Introduction This chapter highlights the relevant policy, legal and administrative frameworks, national and international, applicable to the proposed upgrading of Soweto and KCC Settlements in Nairobi. This ESIA report has been prepared within the purview of KISIP‘s Environmental and Social Management Framework, the Environmental Management and Coordination Act, (EMCA, 1999) and the World Bank Operational Policies. Some of the policies, legal and institutional frameworks reviewed are discussed in the section below.

4.1 World Bank’s Safeguard Policies

4.1.1 World Bank Safeguard Policy 4.01- Environmental Assessment

The policy on Environmental Assessment provides the framework for the screening of projects; mitigation of potential impacts, disclosure and consultation, and capacity building. This policy is triggered if a project is likely to have potential (adverse) environmental risks and impacts on its area of influence. The requirements of this safeguard policy have been responded to in this report by evaluating the impact of the project, its alternatives, existing legislative framework and public consultation.

4.1.2 World Bank Safeguard Policy 4.04 - Natural Habitats The Natural Habitats policy is concerned with avoiding, minimizing and mitigating damage to natural habitats. It forbids the funding of activities in critical natural habitats. Natural habitats comprise many types of terrestrial, freshwater, coastal, and marine ecosystems. They include areas lightly modified by human activities, but retaining their ecological functions and most native species. The proposed project will not trigger this policy as it does not anticipate any negative impacts on the natural habitats around the project area. However, the proposed mitigation measures will adequately address any potential impacts on natural habitats like the River Mathare. The proposed development will eventually reduce the negative impacts on the ecosystem caused by solid wastes load from the settlements.

4.1.3 World Bank Safeguard Policy 4.36 – Forests The Forests policy promotes the sustainable management of forests, while protecting the rights and welfare of people dependent on forests. It limits financing of commercial harvesting and prohibits financing of conversion of critical forest habitats to plantations. There are no forests areas around and within the urban project area; therefore this policy will not be triggered by the project.

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4.1.4 World Bank Safeguard Policy 4.09 - Pest management The Pest Management policy promotes biological and environmental pest management (Integrated Pest Management - IPM) where possible, and limits the selection and use of chemical pesticides. A Pest Management Plan may be needed. This policy will not be triggered by the proposed project.

4.1.5 World Bank Safeguard Policy 4.11 – Physical Cultural Resources The Cultural Property policy seeks to avoid harm to significant, non-replicable cultural property, and provides guidance in the case of chance finds. For purposes of this policy, "physical cultural resources" are defined as movable or immovable objects, sites, structures, groups of structures, natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. Physical cultural resources may be located in urban or rural settings, and may be above ground, underground, or underwater. The cultural interest may be at the local, provincial or national level, or within the international community.

The project triggers this policy since it will include civil works, which may affect cultural property (e.g. graves). Chance find procedures have been included in Appendix 8.

4.1.6 World Bank Safeguard Policy 4.10 – Indigenous People The Indigenous Peoples policy aims to ensure that the development process fosters full respect for the dignity, human rights and cultural uniqueness of such people, through informed participation. An Indigenous Peoples‘ Development Plan (IPDP) is prepared, agreed and implemented.

The project will not trigger this policy, there are no indigenous populations in the settlements.

4.1.7 World Bank Safeguard Policy 4.12 – Involuntary Resettlement The Involuntary Resettlement policy applies whenever land is taken resulting in relocation, loss of shelter, loss of assets, or loss of livelihood. The policy specifies the need to, at least, restore past income levels, and the need for consultation. Where a need for resettlement has been identified, a Resettlement Action Plan (RAP) must be prepared, agreed and implemented, while a Resettlement Action Framework (RAF) is used in cases where needs may be identified in the course of project implementation.

This policy will be triggered by the proposal in Kayole Soweto where it has cases of encroachments and location of business premises and vending stands along the road and access roads. This policy is not likely to be triggered by the proposed development in KCC settlement. The abbreviated RAP to be undertaken will address it.

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4.2 National policy framework

4.2.1 KISIP’s Environmental and Social Management Framework (ESMF) The purpose of ESMF is to ensure that environmental and social management is integrated into the entire development cycle of individual investments to be financed under the KISIP. This is a guiding document prepared in compliance with the World Bank Operational Policies and the Environmental Management and Coordination Act, (EMCA, 1999). The ESMF is applicable to the investment on infrastructure and settlement restructuring components of KISIP. ESMF provides a generic assessment of impacts and prescriptions of mitigation measures. It also gives the institutional arrangements for implementation and project monitoring.

4.2.2 National Environmental Action Plan (NEAP) The NEAP was prepared by the Kenya Government in the1990s. It was a deliberate and firm policy designed to integrate the environmental consideration into country‘s sustainable development. A multi-sectoral approach was adopted to derive comprehensive framework to ensure environmental management and conservation of natural resources.

According to the Kenya National Environment Action Plan (NEAP, 1994) the Government recognized the negative impacts on ecosystems emanating from industrial, economic and social development programmes that disregarded environmental sustainability. This therefore established appropriate policies and legal guidelines as well as harmonization of the existing ones in the process of development. Under the NEAP process Environmental Impact Assessments were introduced targeting industrialists, business community and local authorities.

Through NEAP the Government proposes to integrate environmental conservation in economic development to provide sustainable development for posterity. This includes integration of environmental considerations in development planning at all levels; promotion of environmentally sound technologies, use of both renewable and non-renewable resources in the process of national development; establishment of an institutional framework for coordinating, monitoring, and enforcing environmental regulations and standards; and finally providing human and financial resources to support an environment and development coordinating agency and an EIA institution.

4.2.3 Environmental & Development policy (Sessional Paper No. 6 of 1999) Following the NEAP development, the above policy was formulated with a view to harmonize environmental and developmental goals to achieve sustainable development. It contained comprehensive strategies and appropriate guidelines for the government to act.

The key objectives of the Policy include: -

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. To ensure that from the onset, all development policies, programmes and projects take environmental considerations into account, . To ensure that an independent environmental impact assessment (EIA) report is prepared for any industrial venture or other development before implementation, . To come up with effluent treatment standards that will conform to acceptable health guidelines. Under this paper, broad categories of development issues have been covered that require a ―sustainable development‖ approach. These issues relate to waste management and human settlement. The policy recommends the need for enhanced re-use/recycling of residues including wastewater, use of low or non-waste technologies, increased public awareness and appreciation of a clean environment. It also encourages participation of stakeholders in the management of wastes within their localities.

4.2.4 The Kenya Vision 2030 The Kenya Vision 2030 is a vehicle for accelerating the transformation of Kenya into a rapidly industrializing middle-income nation by the year 2030. Kenya aims to be a nation that has a clean, secure and sustainable environment by 2030. The environment sector under vision 2030 has the vision of a ‗nation living in a clean, secure and sustainable environment‘. The vision is inspired by the principle of Sustainable Development and by the need for equity in access to the benefits of a clean environment. To realize this, the focus will be on 4 strategic thrusts namely;

Conservation: the country will intensify conservation of strategic natural resources in a sustainable manner without compromising economic growth. Kenya intends to have achieved 10% forest cover by 2030. In addition, research activities into viable usage of natural resources will be undertaken

Pollution and waste management: Despite the high rates of growth envisaged in vision 2030, Kenya will progressively apply measures to guard against the adverse effects of increased pollution and waste

ASALs and high-risk disaster zones: enhancing disaster preparedness in all disaster prone areas and improving the capacity for adaptation to global climatic change

Environmental planning and governance: building the institutional capacity in environmental planning, and improving the impact of environmental governance in order to improve the overall management of the environment. The project (KISIP) is in line with the Kenya Vision 2030 economic development goals

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4.2.5 The National Poverty Eradication Plan (NPEP) Fundamental objective of NPEP was to reduce the incidence of poverty on national level both in rural as well as urban settlements. The target set was to achieve 50% reduction by year 2015.

Apart from enhancing the capacity of vulnerable group to increase their earnings, it also aimed to address the gender and geographical imbalances. These goals were also in line with World Summit for Sustainable Development (WSSD) one of which was to ensure environmental sustainability by the year 2015. The proposed development responds to the MDG goal on poverty eradication, disease eradication and environmental sustainability.

4.1.6 The Poverty Reduction Strategy Paper (PRSP) This paper was developed with two key objectives in mind namely, economic growth and poverty alleviation. The proposed project aims at addressing poverty and improving conditions in the informal settlements thus supporting this policy.

4.1.7 National Policy on Water Resources Management and Development The National Policy on Water Resources Management and Development (1999) enhances a systematic development of water facilities in all sectors for promotion of the country‘s socio- economic progress. It also recognizes the by-products of this process as wastewater. It therefore, calls for development of appropriate sanitation systems to protect people‘s health and water resources from institutional pollution. The policy provides for charging levies on wastewater on the basis of quantity and quality. The ―polluter-pays-principle‖ applies in which case parties contaminating water are required to meet the appropriate cost of remediation. The policy provides for establishment of standards to protect water bodies receiving wastewater. The project design takes into account all environmental components and resource conservation.

4.3 Legal Framework

The socio-economic development is always accompanied by potential for environmental degradation. There is the risk of usage of natural resources in a fashion that is not sustainable. In view of this concern, the government has enacted several pieces of legislation to safeguard against the negative impacts on the various segments of the environment resulting from development activities. Applications of national statutes and regulations on environmental conservation suggests that KISIP has a legal duty and responsibility to undertake their mandate without compromising public health, safety and the welfare of the surrounding communities as well as conserving the environment. Such legislations include:

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4.3.1 The Constitution of Kenya The Constitution of Kenya is supreme law of the land. In its preamble, the constitution shows respect to the environment as the country‘s heritage, and is determined to sustain it for the benefit of future generations.

Article 42 of the constitution gives every Kenyan a right to a clean and healthy environment, which includes the right—

(a) To have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated in Article 69 of the same constitution and

(b) To have obligations relating to the environment fulfilled under Article 70 of the constitution.

The proposed informal settlements’ infrastructure upgrade will address environmental sanitation and general health for citizens living in informal settlements.

4.3.2 Environment Management and Co-ordination Act, 1999 This act is the principal environmental management legislation and its enactment was a milestone in promoting sustainable environmental management in the country. The Act provides for the harmonization of about 77 sectoral statutes, which address aspects of the environment. The EMCA, 1999 provides an institutional framework and procedures for management of the environment, including provisions for conflict resolution. The act has several subsidiary legislations which manage various segments of the environment. The Act grants every person in Kenya a right to clean and healthy environment and mandates every person to safeguard and enhance the environment as contained in the constitution.

Under the EMCA, 1999, for projects of the nature described in the Second Schedule, an Environmental Impact Assessment (EIA) shall be conducted while projects already in place will undertake annual Environmental Audits (EA). The EIA report and/or EA reports are submitted to the National Environment Management Authority (NEMA) in the prescribed form, and accompanied by the prescribed fees where applicable.

Key provisions of the Act among others include:

 The projects to be subjected to EIA/ EA are specified in the Second schedule of the Environmental Management and Coordination Act. Besides the scheduled activities, the Act empowers the Minister to prescribe for EIA/ EA appraisal of any other activity, which in his view carries significant environmental impacts.

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 The National Environment Management Authority (NEMA) will administer the EIA/ EA on behalf of the minister responsible for the environment. EIA/ EA will be applicable to both public and private sector development projects and programs.  A scheduled activity will not receive the necessary authorization from NEMA to proceed or continue operating until all EIA/ EA requirements have been fulfilled and accepted by NEMA and its relevant lead agencies.  EIA/ EA licenses will be granted when NEMA and the Minister are satisfied that an EIA has been satisfactorily conducted and a realistic and achievable Environmental Management Plan of an activity has been sufficiently developed.  The undertaking of all EIA/ EA and subsequent reporting will be the responsibility of the project proponent. NEMA will, on behalf of the government, provide the procedures and technical advice to project proponents on how to comply with the EIA/EA requirements.  The EIA/ EA studies will be carried out by experts or teams of experts recognized and registered by NEMA. The project proponent has complied with the provisions of EMCA by undertaking this Environmental and Social Impact Assessment. The proponent will also be guided by the Act in the subsequent stages of the project.

4.3.3 The Water Act (Act No.8 of 2002) This is an Act of Parliament to provide for the management, conservation, use and control of water resources and for the acquisition and regulation of rights to use water; to provide for the regulation and management of water supply and sewerage services; to repeal the Water Act (Chapter. 372 of the Laws of Kenya) and certain provisions of the Local Government Act; and for related purposes. In addition to this act and in furtherance of the said related purposes the Minister of Water and Irrigation, through the powers conferred to him by Sections 47(6) and 110(1) of the Water Act, 2002, made the Water (Water Services Levy) Regulations, 2008. This sought to impose a levy of one per cent (1%) of all sales of water services to consumers by each water service provider operating under the Act.

The Water Act, in general, gives provisions regarding the ownership of water, institutional framework, national water resources, management strategy, and requirement for permits, state schemes and community projects. Part IV of the Act addresses the issues of water supply and sewerage.

The project is responding to the requirements under this Act by seeking to address sewerage, water and sanitation issues in the project.

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4.3.4 The Local Government Act (CAP 265) (Repealed by the County Government (Act of 2012)

The Act requires that every municipal council, every town council and every urban council shall have powers:

 To establish and maintain sanitary services for the removal and destruction of, or otherwise dealing with, all kinds of refuse and effluent and, where any such service is established, to compel the use of such service by persons to whom the service is available  To establish and maintain one or more fire brigades and to take all necessary steps for the prevention and extinguishing of fires and to compensate the owners of property demolished or damaged for the purpose of preventing or extinguishing fires; Section 171 of the Act provides that a municipal council may establish and maintain any such sewage forms or sewage disposal works either within or without its area.

Section 163 (e) gives powers to the local Authorities to prohibit businesses which by reason of smoke, fumes, chemical, gases, dust, smell, noise, vibration or other cause, may be or become a source of danger, discomfort or annoyance to the neighbourhood, and to prescribe conditions subject to which such business shall be carried on.

Section 165 empowers the council to grant or to renew business licenses or to refuse the same.

Section 170, allows the right of access to private property at all times by local authorities, its officers and servants for purposes of inspection, maintenance and alteration or repairs of sewers. To ensure sustainability in this regard, the local authority is empowered to make by-laws in respect of all such matters as are necessary or desirable for the maintenance of health, safety and well being of the inhabitants of its area as provided for under Section 201 of the Act.

Section 173 states that any person who, without prior consent in writing from the council, erects a building on; excavate or opens-up; or injures or destroys a sewers, drains or pipes shall be guilty of an offence. Any demolitions and repairs thereof shall be carried out at the expense of the offender.

The Act under Section 176 gives power to the local authority to regulate sewerage and drainage, fix charges for use of sewers and drains and require connecting premises to meet the related costs. According to Section 174, any charges so collected shall be deemed to be charges for sanitary services and will be recoverable from the premise owner connected to the facility.

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Section 264 also requires that all charges due for sewerage, sanitary and refuse removal shall be recovered jointly and severally from the owner and occupier of the premises in respect of which the services were rendered. This in part allows for application of the ―polluter-pays-principle‖.

The project area falls under the Nairobi City Council which will be a decentralized unit under Nairobi County Government.

4.3.5 Occupational Safety & Health Act, (OSHA) 2007 The Act provides for the safety, health and welfare of workers and all persons lawfully present at work places and for connected purposes. It also provides for the formation of Health and Safety Committees in the work place.

The purpose of the act is to:

o Secure the safety, health and welfare of persons at work o Protect persons other than persons at work against risks to safety and health arising out of, or in connection with, the activities of persons at work. Some of the provision of the act includes:

Health

Section 47 of the Act provides that a workplace shall be kept in a clean state free from effluvia arising from any drain, sanitary convenience or nuisance.

Section 48 prohibits overcrowding of workplaces and provides specific measurements for space required for each employee less than which shall constitute overcrowding.

The Act also requires that workplaces should have adequate ventilation, lighting, drainage of floors, and sanitary conveniences separate for each gender. Food and drinks should not be partaken in dangerous places or workrooms. Provision is made in the Act for suitable protective clothing and appliances including where necessary, suitable gloves, footwear, goggles, gas masks, and head covering, and maintained for the use of workers in any process involving exposure to wet or to any injurious or offensive substances.

Safety

Part VII of the Act contains general provisions regarding machinery safety in workplace. The act makes it mandatory to fence dangerous parts of machinery.

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Section 68 requires steam boilers must be of good construction, sound material, and adequate strength and free from defect and shall be property maintained. The Act further provides for the training and supervision of inexperienced workers, protection of eyes with goggles or effective screens must be provided in certain specified processes. Floors, passages, gangways, stairs, and ladders must be soundly constructed and properly maintained and handrails must be provided for stairs.

Special precaution against gassing is laid down for work in confined spaces where persons are liable to overcome by dangerous fumes. Air receivers and fittings must be of sound construction and properly maintained. Adequate and suitable means for extinguishing fire must be provided in addition to adequate means of escape in case of fire must be provided.

Other specific provision of the act are listed below a) Health

 Cleanliness – dirt and refuse should be removed frequently- three times a week or if a lot, removed daily.  Overcrowding – every worker should have at least 350 cubic feet in a workroom.  Design – The workroom should not be less than 9 feet in height.  Ventilation – There should be fresh air circulation in the room.  Lighting – Should be well illuminated  Drainage of floors – Floors should be made of material that allows good drainage.  Sanitary accommodation – There should be sufficient and suitable sanitary conveniences, separate for each sex.  Dust and fumes must be properly removed  Protective clothing such as dust coats and masks should be provided. b) Safety

 Precaution against falls – Floors, ladders must be soundly constructed and properly maintained and handrails provided for stairs.  Fires - There should be provided adequate and suitable means for extinguishing fire. Adequate means of escape in case of fire should also be provided. c) Welfare

 Drinking water – An adequate supply of wholesome drinking water must be provided.  Washing facilities – Adequate and suitable washing facilities should be provided.

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 Accommodation for clothing – An adequate and suitable accommodation for clothing not worn during working hours must be provided.  First Aid – A first Aid box or cupboard of the prescribed standard, containing nothing but first aid requisites, and in charge of a responsible person who must be always readily available during working hours. It further provides that;

 In every workplace there shall be provided and maintained so as to be readily accessible, means for extinguishing fire, which shall be adequate and suitable having regard to the circumstances of each case.  All stocks of highly flammable substances shall be kept either in a fire – resisting store or in a safe place outside any occupied building:  Provided that no such store as aforesaid shall be situated as to endanger the means of escape from the factory or from any part thereof in the event of a fire occurring in the store.  Every factory shall be provided with adequate means of escape in case of fire for the persons employed therein, having regard to the circumstances of each case.  All such means of escape as aforesaid shall be properly maintained and kept free from obstruction.  The contents of any room in which persons are employed shall be arranged or disposed that there is a free passageway for all persons employed in the room to a means of escape in case of fire. The proponent will comply with all requirements under this Act. The potential health and safety impacts have been identified and measures to mitigate proposed.

4.3.6 The Public Health Act (Cap 242) This Acts caters for the management of the issues with impacts on public health due to an enterprise.

Section 115 -No person/institution shall cause nuisance or conditions liable to be injurious or dangerous to human health.

Section 116 -All local authorities take all lawful, necessary and reasonably practical measures to maintain their jurisdiction clean, sanitary to prevent occurrence of nuisance or conditions liable to be injurious or dangerous to human health.

Section 118 -Under this section conditions for nuisance are defined. It narrates that any obnoxious matter or waste flowing or discharged from any premises into Public Street or into gutter or side

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channel or water course not approved for discharge is defined as nuisance. Other nuisances are accumulated materials or refuse which in opinion of a medical officer is likely to harbour rats or vermin.

Section 130 -This section allows local authorities to make regulation prohibiting use of water supply or erection of structure dating filth or noxious matter into water supply.

Section 136 -This section further defines that accumulation of water, sewerage, rubbish, refuse and other fluids which may facilitates breeding or multiplication of pests will be deemed as nuisance.

All the impacts relating to occupational health and safety have been assessed and mitigation measures provided and an EMP to implement the measures

4.3.7 The Physical Planning Act (Cap 303) Section 30 of the Act requires the local authority to provide permission for any development. It also states that NO other licensing authority shall grant license for commercial or industrial use or occupation of any building without a development permission granted by the respective local authority.

Section 29 controls the criteria for develop with power vested into local authority to;

 Prohibit or control development of land or building in the interest of orderly development of the area.  Reserve and maintain all land planned for open spaces.  Consider and approve all development application and grant all necessary permission.  Control or prohibit sub division of land or plots into smaller areas.  Formulate by-laws to regulate zoning with respect to use and density of population and development. Finally, Section 36 states that if in connection with a development application, local authority is of the opinion that the proposed development activity will have injurious impact on the environment the applicant shall be required to submit together with the application an environmental impact assessment (EIA) report. EMCA, 1999 echoes the same by requiring that such an EIA is approved by the National Environmental Management Authority (NEMA) and should be followed by annual environmental audits.

The local authority Nairobi City Council is participating in the project as one of the implementers and therefore the project is implemented with necessary approval from the local authority

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4.3.8 The Penal Code The statute, forbids the release of foul air into the environment which affects health of the other persons.

It also provides that any person who violates the requirement of this statute is guilty of a misdemeanour – meaning imprisonment of not exceeding two years with no option of fine. The law prohibits

 To make it noxious to the health of persons dwelling or carrying on business in the neighbourhood or passing along public ways.  To make offensive or loud noise The impacts relating to noise, health and safety have been addressed in the EMP

4.3.9 The Land Registration Land Act, 2012. This is an Act of Parliament to revise, consolidate and rationalize the registration of titles to land, to give effect to the principles and objects of devolved government in land registration, and for connected purposes. The Land Registration Act of 2012 repeals the following previous legislations:

 The Indian Transfer of Property Act, 1882;

 The Government Lands Act, (Cap 280);

 The Registration of Titles Act, (Cap 281);

 The Land Titles Act, (Cap 282);

 The Registered Land Act, (Cap. 300)

The project seeks to regularize tenure in the settlements selected for upgrade. The process is currently ongoing pursuant to this Act.

4.3.10 The Land Act, 2012 This is an Act of Parliament to give effect to Article 68 of the Constitution, to revise, consolidate and rationalize land laws; to provide for the sustainable administration and management of land and land based resources, and for connected purposes. Previous laws repealed by this Act are:

 The Wayleaves Act (Cap. 292);

 The Land Acquisition Act (Cap. 295)

This Act will be applicable for some sections of the settlements where there are encroachments or illegal occupation of way leaves such as road reserves and sewer traverse routes.

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4.4 Regulatory Framework

To operationalize EMCA 1999, NEMA through the relevant committee has issued the following Regulations which have a bearing on the proposed project in regard to compliance with national requirement:

4.4.1 EMCA (Water Quality) Regulations, 2006 These Regulations were published in the Kenya Gazette Supplement No. 68, Legislative Supplement No. 36 and Legal Notice No. 120 of 29th September, 2006. The Regulations provides for sustainable management of water resources including prevention of water pollution and protection of water sources (lakes, rivers, streams, springs, wells and other water sources).

It is an offence under Regulation No. 4 (2), for any person to throw or cause to flow into or near a water resource any liquid, solid or gaseous substance or deposit any such substance in or near it, as to cause pollution.

Regulation No. 11 further makes it an offence for any person to discharge or apply any poison, toxic, noxious or obstructing matter, radioactive waste or other pollutants or permit the dumping or discharge of such matter into the aquatic environment unless such discharge, poison, toxic, noxious or obstructing matter, radioactive waste or pollutant complies with the standards for effluent discharge into the environment

Regulation No. 14 (1) requires every licensed person generating and discharging effluent into the environment to carry out daily effluent discharge quality and quantity monitoring and to submit quarterly records of such monitoring to the Authority or its designated representatives.

The regulations will apply to the activities during the operational phase. Compliance to the regulations will be observed

4.4.2 EMCA (Waste Management) Regulations, 2006 These Regulations were published in the Kenya Gazette Supplement No. 69, Legislative Supplement No. 37 legal Notice No. 121 of 29th September, 2006. The regulations provide details on management (handling, storage, transportation, treatment and disposal) of various waste streams including:

• Domestic waste

• Industrial waste,

• Hazardous and toxic waste

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• Pesticides and toxic substances

• Biomedical wastes and

• Radioactive waste

Regulation No. 4 (1) makes it an offence for any person to dispose of any waste on a public highway, street, road, recreational area or in any public place except in a designated waste receptacle.

Regulation 5 (1) provides categories of cleaner production methods that should be adopted by waste generators in order to minimize the amount of waste generated and they include: a) Improvement of production process through-

Conserving raw materials and energy

Eliminating the use of toxic raw materials and wastes

Reducing toxic emissions and wastes b) Monitoring the product cycle from beginning to end by-

 Identifying and eliminating potential negative impacts of the product  Enabling the recovery and re-use of the product where possible, and  Reclamation and recycling and c) Incorporating environmental concerns in the design and disposal of a product

Regulation 6 requires waste generators to segregate waste by separating hazardous waste from non-hazardous waste for appropriate disposal

4.4.3 Environmental (Impact Assessment and Audit) Regulations of 2003 The requirements by NEMA as detailed in the Environmental (Impact Assessment and Audit) regulations of 2003 are reflected as follows:

Section 11 of EIAAR, 2003 states: an environmental impact assessment study shall be conducted in accordance with the terms of reference developed during the scoping exercise.

Section 12 of EIAAR, 2003 states: the TOR shall include matters required to be considered in the making of an EIA as may be contained in the Second Schedule to these Regulations and such other matters as the Director General may in writing require.

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The Second Schedule of EIAAR, 2003 states that the following issues may among others, be considered in the making of environmental assessments:

1) Ecological Considerations

Biological diversity including:

 Effect of proposal on number, diversity, breeding habits etc of wild animals and vegetation  Gene pool of domesticated plants and animals e.g. monoculture as opposed to wild types Sustainable use including

 Effect of proposal on soil fertility  Nutrient cycles;  Aquifer recharge, water run-off rates etc.  A real extent of habitats;  Fragile ecosystems 2) Social considerations including

Economic impacts

 Social cohesion or disruptions;  Effect on human health;  Immigration or emigration;  Communication – roads opened up, closed, rerouted;  Effects on culture and objects of culture value 3) Landscape

Views opened up or closed

Visual impacts (features, removal of vegetation etc.)

Compatibility with surrounding areas;

Amenity opened up or closed, e.g. recreation possibilities

4) Land uses

 Effect of proposal on current land uses and land use potentials in the project area;  Possibility of multiple uses;  Effect of proposal on surrounding land uses and land use potentials;

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5) Water – important aspects to consider are the effects of the proposal on:

 Water sources (quantity and quality) including Rivers, springs, Lakes (natural and man- made),  Underground water or Oceans as well as Drainage patterns / systems. The third Schedule of the EIAAR, 2003 provide general guidelines for carrying out an environmental impact assessment study that are summarized as:

 Sources of impacts  Project inputs  Project activities  Areas of impact on the natural and human environments  Environmental impact (general impacts on the natural and human environment)  Environmental Guidelines and Standards (national legislation, international guidelines, international conventions and treaties)  Mitigation measures  Environmental Management Plans  Environmental Monitoring and Auditing. The development of this report was guided by the above recommendations and other frameworks mentioned previously

4.4.4 Noise and Excessive Vibration Pollution Control Regulations, 2009 Part II section 3(I) of these Regulations states that: no person shall make or cause to be made any loud, unreasonable, unnecessary or unusual noise which annoys, disturbs, injures or endangers the comfort, repose, health or safety of others and the environment and section 3(2) states that in determining whether noise is loud, unreasonable, unnecessary or unusual. Part II Section 4 also states that: except as otherwise provided in these Regulations, no person shall (a) make or cause to be made excessive vibrations which annoy, disturb, injure or endanger the comfort, repose, health or safety of others and the environment; or (b) cause to be made excessive vibrations which exceed 0.5 centimetres per second beyond any source property boundary or 30 metres from any moving source. Part III, Section 11(1) states that any person wishing to (a) operate or repair any machinery, motor vehicle, construction equipment or other equipment, pump, fan, air-conditioning apparatus or similar mechanical device; or (b) engage in any commercial or industrial activity, which is likely to emit noise or excessive vibrations shall carry out the activity or activities within the relevant levels prescribed in the First Schedule to these Regulations. Any person who contravenes this Regulation commits an offence. Section 13(1) states that no person shall operate construction

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equipment (including but not limited to any pile driver, steam shovel, pneumatic hammer, derrick or steam or electric hoist) or perform any outside construction or repair work so as to emit noise in excess of the permissible levels as set out in the Second Schedule to these Regulations. These purposes include emergencies, those of a domestic nature and /or public utility construction.

Section 14 relates to noise, excessive vibrations from construction, demolition, mining or quarrying sites, and states that: where defined work of construction, demolition, mining or quarrying is to be carried out in an area, the Authority may impose requirements on how the work is to be carried out including but not limited to requirements regarding (a) machinery that may be used, and (b) the permitted levels of noise as stipulated in the Second and Third Schedules to these Regulations. It further states that the relevant lead agency shall ensure that mines and quarries where explosives and machinery used are located in designated areas and not less than two kilometres away from human settlements and any person carrying out construction, demolition, mining or quarrying work shall ensure that the vibration levels do not exceed 0.5 centimetres per second beyond any source property boundary or 30 metres from any moving source.

The Regulations will be observed during he project’s implementation phase. Noise minimization measures have been provided in the impacts mitigation section of the report and the ESMP

4.4.5 Air Quality Regulations (Yet to be enacted)

Under the general prohibitions (Part II), section 5 states that no person shall act in a way that directly or indirectly causes immediate or subsequent air pollution. Among the prohibitions are priority air pollutants (as listed under schedule 2 of the regulations) that include general pollutants, mobile sources and green house gases. Odours are also prohibited under section 9 of the regulations (offensive emissions). Emissions into controlled areas such as schools, hospitals, residential areas and populated urban centres are also prohibited. Part VII on occupational air quality limits in section 29 states that an occupier of premises shall ensure that exposure of indoor air pollutants does not exceed the limits stipulated under the Factories and Other Places of Work rules or under any other law. Other sources are recognized at sections 32 and 33 are those arising from construction equipments and materials as well as particulate matter from demolitions of structures and buildings as well as stockpiled dry materials. These regulations together with other acceptable national and international norms will be observed.

4.4.6 Biodiversity Regulations Part II of Regulations, section 4 states that no person shall engage in any activity that may have adverse impacts on ecosystems, lead to introduction of exotic species or lead to unsustainable use

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of natural resources without an EIA licence. The regulation puts in place measures to control and regulate access and utilization of biological diversity that include among others banning and restricting access to threatened species for regeneration purposes. It also provides for protection of land, sea. Lake or river declared to be a protected natural environmental system in accordance to section 54 of EMCA, 1999.

These regulations complement each other with the World Bank OP/BP 4.04 policy. The regulations will be observed during the project implementation.

4.5 Institutional Framework The proposed project is likely to be influenced by the operational jurisdiction of various institutions established under various statutes. The main ones are listed hereunder.

4.4.1 Institutional framework for EIA under EMCA

National Environmental Council (NEC) The National Environment Council (NEC) is established under Section 4 of EMCA. NEC which is chaired by the Minister in charge of the environment, is the highest policy making body under EMCA. NEC is responsible for policy formulation and directions for purposes of EMCA. NEC sets national goals and objectives and promotes cooperation among both public and private organizations engaged in environmental protection programmes.

The National Environment Management Authority (NEMA)

The National Environment Management Authority (NEMA) is established under Section 7 of EMCA. NEMA is the principal Government institution charged with the overall supervision and co- ordination over all matters relating to the environment as well as implementation of all policies relating to the environment. NEMA is responsible for dealing with EIA. NEMA has to date considerably developed its human and other resource capacity to enable it coordinate the environmental management activities of Lead Agencies.

Provincial and District Environment Committees

Under section 29 (1) of EMCA, the Minister shall by notice in the gazette appoint Provincial and District Environment Committees of NEMA in respect of every province and district respectively. These committees assist NEMA in effectively carrying out its function of proper management of the environment at these levels. It is instructive to note that the membership of these committees include inter alia representatives of farmers or pastoralists, business community, women and youth.

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Public Complaints Committee PCC

The Public Complaints Committee is established under Section 31 of EMCA. The PCC is concerned with the investigation of complaints relating to environmental damage and degradation generally. The PCC has powers to investigate complaints against any person or even against NEMA or on its own motion investigate any suspected case of environmental degradation. The PCC is required by law to submit reports of its findings and recommendations to NEC. The law however is weak in that it does not provide PCC with the mandate to see its recommendations carried through. Further, NEC is not specifically required to do anything with regard to the reports submitted by the PCC and will often note and adopt the same without any further follow up action. So far the PCC has experienced challenges such as failure to honour summons, hostility between parties, hostility directed at PCC investigators, lack of understanding of EMCA and abdication of duty by Lead Agencies.

Standards and Enforcement Review Committee

The Standards and Enforcement Review Committee (SERC) is a committee of NEMA and is established under Section 70 of EMCA. This is a technical Committee responsible for formulation of environmental standards, methods of analysis, inspection, monitoring and technical advice on necessary mitigation measures. The Permanent Secretary under the Minister is the Chairman of the Standard and Enforcement Review Committee. The members of the SERC are set out in the third schedule to EMCA. They consist of representatives of various relevant government ministries and parastatals that are Lead Agencies as well as those responsible for matters such as economic planning and national development, finance, labour, public works, law and law enforcement, etc. Other members are drawn from public universities, and other government institutions.

National Environmental Tribunal (NET)

The NET is established under Section 125 of EMCA for the purpose of hearing appeals from administrative decisions by organs responsible for enforcement of environmental standards. An appeal may be lodged by a project proponent upon denial of an EIA license or by a local community upon the grant of an EIA license to a project proponent. NEMA may also refer any matter that involves a point of law or is of unusual importance or complexity to NET for direction. The proceedings of NET are not as stringent as those in a court of law and NET shall not be bound by the rules of evidence as set out in the Evidence Act. Upon the making of an award, NET‘s mandate ends there as it does not have the power to enforce its awards. EMCA provides that any person aggrieved by a decision or award of NET may within 30 days appeal to the High Court.

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4.4.2 Institutional framework under KISIP Ministry of Lands, Housing and Urban Development The Ministry of Lands, Housing and Urban Development is responsible for housing policy and shelter provision in Kenya. Its main objective is to promote the provision of adequate and affordable shelter to all Kenyans. The Ministry plays a supervisory as well implementation of KISIP project in the identified Municipalities in Kenya.

Ministry of Lands The Ministry of Lands is responsible for land settlement, adjudication, registration of titles, planning and acting as custodian for government land. The Ministry will participate in the tenure and regularization under component one of the project and in the process of physical development plan.

The Nairobi City Council The Nairobi City Council (NCC) is established under the Local Government Act Cap 265 (now repealed by the County Government Act of 2012 and affected by the Urban Areas and Cities Act of 2011) of the Laws of Kenya. Amongst its key responsibilities is that which entails mobilization of internal and external resources and within existing regulatory framework, directing such resources towards addressing the basic needs of the populace in the city. It will be operating as the decentralized unit of the County Government of Nairobi. Under KISIP, the NCC is charged with the responsibility of project monitoring in all four project components.

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CHAPTER FIVE – PUBLIC PARTICIPATION

5.1 Background Public Consultation and Participation featured in the two phases of the planning and design stage of the project. Phase 1 activities that involved consultations included the following aspect: the socio-economic survey; preliminary settlement upgrading plans; community level consultations to determine infrastructure investment priorities of residents; and the Pre-EIA Screening activity that was aimed at determining the applicability of the investments to schedule 2 of EMCA and World Bank Environmental and Social policies. In phase 2 activities where Environmental and Social Impact Assessment falls, public consultations have also been undertaken.

Public consultation and participation is an aid to project planning and an important process during ESIA. The purpose is to involve, inform and consult the public in planning, management and other decision-making activities. Public participation tries to ensure that due consideration is given to public values, concerns and preferences when decisions are made. It encompasses the public actively sharing in the decisions that government and other agencies make in their search for solutions to issues of public interest. It is a mandatory requirement under EMCA 1999 and the EIA/EA Regulations, for all environmental impact assessments done in Kenya to incorporate a Public Consultation. The aim is to ensure that all stakeholder interests are identified and incorporated in the project development, implementation and operation.

5.2 Objectives The following were the objectives of the public and stakeholders consultations:

 To inform the residents, leaders and other stakeholders about the proposed project and highlight the possible environmental and social impacts  To seek views, concerns and opinions from the residents of the settlements and other stakeholders in the settlements concerning the investments prioritized and their implications  To establish if the residents of the settlements and the stakeholders anticipated any positive or negative environmental and social effects from the project and if so, take their suggestions on how to address the perceived impacts.

5.3 Methodology

5.3.1 Public baraza/meeting Public barazas were organized with the facilitation of the area Provincial Administration in KCC and Soweto on the 13th and 15th of February 2013 respectively. The residents of the settlements

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participated with all the stakeholders including religious groups, business men and women, and community based organizations. The list of participants and minutes for the meetings is provided in the appendix of the report.

Figure 11: Public participation meetings in KCC and Soweto settlements

5.3.2 Focused Group Discussion There was a Focused Group Discussion targeted at opinion leaders in the settlements. The group comprised majority of SEC members who are more informed about the project.

5.3.3 Direct Interviews

Direct interviews were undertaken during the field studies. The Provincial Administration, village elders and youth from the settlements were interviewed on different aspects of the project and the impacts they anticipated. SEC chairpersons for KCC and Soweto were also interviewed.

5.4 Outcome

The outcomes of the public consultations are highlighted in the sections below.

Positive impacts anticipated

- The project will create employment opportunities for the locals especially the youth during the construction stage - The project will benefit a community that had been neglected by the local authorities - The residents will have their living conditions improved - Security in the settlements will improve

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- The project will boost business in the area

Negative Impacts anticipated

- Interference with power and water supply installations leading and resulting shortage and power loss - Displacements and loss of livelihoods - Dust and noise will affect the residents during construction activities - Health and safety of the locals especially their children - Social disruptions due to inaccessible routes under construction - Drug and alcohol abuse among the local youth - Antisocial behaviours and risks of HIV/Aids

Key Concerns/suggestions and proposed mitigation

A summary of public and stakeholder concerns/suggestions with responses/proposed mitigation appear in the table 3 below:

Table 3: Summary of issues of concern and proposed mitigation measures Issues of concern/suggestion Proposed mitigation Measure/Response

- The existing roads as per the survey - The proponent will implement all plans be maintained without alterations infrastructure priorities to full PDP for the in KCC settlement settlement - Relocation of electricity and water pipes - The proponent will be guided by the that are found along the roads in Soweto PDP and will involve all stakeholders including the utility providers in the design and implementation of the project

- Displacements leading to loss of - An abbreviated RAP exercise be livelihoods in Soweto settlement conducted and issues of possible displacements be addressed including compensation in Soweto - Prior advance notice for relocation be - Adequate notices will be issued prior to issued to all who will possibly be commencement of any activity likely to affected by the project e.g kiosk owners, affect the community vendors and other businesses in Soweto - The local youth be given priority for - The proponent will consider the locals employment including the youth for employment opportunities. Top priority will be given to the locals in regard to employment - A by-pass or diversion to be identified - The proponent will continue engaging and all notified to avoid inconvenience the community in consultations. The during the construction of the roads in conceptual designs had the input from Soweto community - Consult with the NCWSC before - The proponent will consult the NWSC

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embarking on construction involving water supply and sewerage - The project not to be skewed to - The SEC selected by the community particular areas of the settlement. represents the diverse interest of the settlement thus safeguarding these interests. The project will address settlement-wide problems and not specific sections. - Concerns of Soweto residents on - The proposed upgrade entails a solid dumping sites in the settlements. Reject waste management component that will any kind of dumping in the area address solid waste menace in the settlement

- The women be considered for - The project will not discriminate against employment opportunities during gender. Women will be considered for construction work any employment opportunities that will be available - The illegal structures and other - The SEC and local provincial encroachments to be voluntarily administration to sensitize the removed by those responsible before the community on the greater benefits from commencement of the project. the project as incentive for such voluntary actions - The SEC handle issues of - Proper procedure be followed by the encroachments in humane way without SEC in handling the issues harassing those responsible because of their willingness to comply with the - RAP will address the issues directive above - It was suggested that the contractor - The measure will be taken and will be consults with utility provider prior to provided in the guidelines for the commencing the project work to ensure contractor interruption of supplies are minimized or avoided - The office of the local Chief to provide - The proponent to liaise with the local security for the construction camp to be provincial administration on matters of established security. - The community suggested the formation - Community based groups and of resident association that will manage associations will be encouraged and the settlement in the future post-project supported, particularly those engaged in Response to solid waste management

Conclusion

The communities in KCC and Soweto Kayole settlements are positive about the project and would participate fully in the implementation. Overall, the public and all the stakeholders consulted have considered the project positively and would like to see it implemented in the soonest time possible.

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CHAPTER SIX – ANALYSIS OF PROJECT ALTERNATIVES

This section analyses the project alternatives and their implications. The alternatives include; alternative investment; the current project option; alternative designs and technology option and the ―No Project‖ option.

6.1 No Project alternative

The no project alternative would imply that the status quo remains in the settlements: poor road conditions, poor drainage and sanitation conditions, and inappropriate sewage disposal leading to environmental pollution. The health related risks will persist and environmental degradation in the settlements will continue. These are the advantages and disadvantages of taking this option:

Advantages

 It will save the government and the funder the cost of investing on the upgrade;  Potential environmental and social impacts will be avoided;

Disadvantages

 The settlements will continue to lack essential life-supporting infrastructure and living conditions will continue to be deplorable;  The environment will continue to suffer degradation due to sewer and untreated waste water discharge;  The agents of diseases such as malaria and diarrhoea will thrive and continue with its attendant economic costs of the diseases;  The challenge of slums and informal settlements to the local authorities and government will remain unaddressed and will implications to the overall economic development;  KISIP will not achieve its goal and medium term objective of improving living conditions to 2.5 million slum and informal settlement dwellers under its medium term plan.

6.2 Alternative investment /site

This alternative may not be available to the project proponent since the residents of the settlements who are the primary project beneficiaries have the discretion to prioritize the infrastructure investments. Furthermore, all the investments qualifying for funding under KISIP are all designed to improve living conditions in the settlements. The alternative investment options e.g vending platforms, electricity supply are in the investment menu within the project component and

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the order in which they will be implemented will not significantly affect the overall object of improve living conditions in the settlement. The option of alternative sites for investments within the settlements was not feasible for this project because it settlement-wide intervention.

6.3 Alternative design and Technology option

This option was considered in the development of the project. The objective was to find the most cost-effective and environmentally friendly designs and technology during construction. The technology applied will meet local and internationally established standards. The factors that informed the process of developing SUP included the environmental and social characteristics of the sites; cost of the designs and technology to be applied; durability, sustrainability and the changing scenarios/future projections. The proponent will adhere to best and common industry practices applicable to urban infrastructure

6.4 Current project option

This option of means the proposal to invest on infrastructure prioritized in KCC and Kayole Soweto is pursued. This is the most feasible and priority option according to the residents in Soweto and KCC settlements. It will address their immediate infrastructure needs and meets all criteria for funding under KISIP. The advantages and disadvantages of settling on the option is as follows:

Advantages

 The living standards of the residents will be improved by the upgrading of roads, sewerage, drainage and water supply infrastructure;  The project contribute to environmental restoration as it will provide a means for proper disposal of sanitary waste, prevention of soil erosion and reduced human health risks;  Cases of diseases related to sanitary conditions will reduce and health status of residents in the settlements will improve  The upgrade of infrastructure and tenure regularization will boost property value in the settlements and more investments will be realized  The project will contribute to the national development goals and the MDGs  The project will help in the urban planning process and contribute towards building a liveable city

Disadvantages

 There will be short-term nuisance both environmental and social due to the proposed upgrade 69

 The displaced will suffer losses that will have both social and economic consequences if not compensated  Unscrupulous landlords may use the opportunity to hike rent to the disadvantage of the majority low income earners

Summary

The current project option/alternative seem plausible from environmental, economic and social standpoint therefore is elected over the other alternatives.

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CHAPTER SEVEN –THE POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS

Introduction

This chapter presents identification and appraisal of various impacts from implementation of the KISIP project in the study area. Generally, the environmental impacts can be categorized as either primary or secondary. Primary impacts are those which are attributed directly and secondary impacts are those which are indirectly induced and typically include the associated investment and changed patterns of social and economic activities by the proposed action. The proposed project would create impact on the environment in four distinct phases:

 Planning and Design  Construction  Operation  Decommissioning The planning, constructional, operational, and decommissioning phases of the proposed project comprise various activities, each of which will have an impact on some or other environmental and social parameters. Various impacts during the construction, operational and decommissioning phases on the environmental parameters have been studied and are discussed below.

7.1 Positive Impacts during the Planning and Design Phase

7.1.1 Employment Creation The planning and design process has created numerous employment opportunities for various professionals including engineers, urban planners, and several youth. Short employment opportunities for some youth ha also featured during the period.

7.1.2 Capacity building and awareness creation

Building necessary capacities has provided individuals with opportunities to learn and develop capacity. The local knowledge has improved since the inception through such public forums, barazas and training seminars for community representatives.

7.2 Negative Impacts during the Planning and Design phase

There project will not have any negative environmental and social impacts.

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7.3 Positive Impacts during the Construction Phase

7.3.1 Creation of employment

The project will create employment opportunities for the local unemployed youth and other groups including consultants, casual labourers and other persons involved in the project. The local unskilled and semi-skilled will be engaged in the construction phase activities. Second order jobs will be realized when local businesses will be created offering catering and other essential services.

7.3.2 Improved economy

The project will rely on locally available materials for construction of roads and extension of trunk infrastructure for sewerage, water supply and drainage. This will boost local businesses producing required raw materials and will also translate into revenue for the government through taxes imposed on the purchased or consumed materials.

7.3.3 Improved living standards

The opportunities which will come up during the construction phase of the project will increase result in revenues for locals. In addition, the influx of immigrants into the project surroundings will improve money circulation within the project area. This will in turn lead to the initiation of several businesses by entrepreneurs within/around the project site. This will promote the informal sector in securing some temporary revenue and hence improved livelihood.

7.4 Negative Impact during the Construction Phase

7.4.1 Loss of Vegetation

Construction phase activities may involve clearance of vegetation if it exists on the site. Disturbance of vegetation could likely occur at the material borrow sites during the extraction process. Clearing of the vegetation may have other secondary negative impacts such exposing the soil to agents of erosion and changes in the landform and alteration of the land aesthetics. There will be no adverse impacts on vegetation anticipated from the project activities and any impacts on vegetation will be minimal.

7.4.2 Soil erosion and disturbance

Soil erosion may occur during construction activities, steep slopes will be more prone to erosion. Soil disturbance is potential during material extraction from borrow sites and excavation activities. Soil disturbance may also lead to soil erosion. Soweto Kayole settlement will be prone

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to soil erosion because of the slopes. Eroded soil could end up in the River Mathare further increasing the solid content in the polluted river. Sol erosion could also occur in KCC settlement if adequate soil erosion prevention measures are not in place during construction activities. The impacts due to soil erosion are considered to be minimal and manageable if adequate measures are in place to prevent soil disturbance during the construction activities.

7.4.3 Impact on local hydrology and drainage

The construction phase activities may result in compaction of the ground and formation of impervious surfaces thus increase the volume and rate of runoff. This will affect the existing storm drain patterns and recharge of ground waters. If adequate drainage is not provided, may result in water ponding a factor which may create suitable breeding grounds for disease vectors such as mosquitos and also increase outbreaks of certain water borne diseases.

The rate of ground water recharge, its flow and conditions will greatly be influenced by changes in the shape of the land and built or paved areas. Project related excavation could also lead to surface and ground water quality degradation especially when contaminants such as oil leaks are allowed to go into the soil. The excavated area, if linear could act as a conduit to extend groundwater contamination to new areas. Spills of hazardous materials in excavated areas during construction could introduce contaminants to surface and ground water elsewhere especially due to increased surface run offs. Provision of adequate drainage during the construction phase of the project will be ensured to reduce the impact on ground water recharge and water quality degradation. Storm drains and stream crossing will be well planned to reduce the frequency of flooding, enhance surface flow and ground water recharge

7.4.4 Displacements and Resettlements

The proposed project may displace households and business premises that have occupied or encroached public land the traverse routes and reserves. Encroachments have been observed in Kayole Soweto and will require resettling or relocating those who have encroached the way leaves and road reserves. An abbreviated RAP will be developed for the settlement to address all social related impacts. Resettlement could affect not more than 200 households in Kayole Soweto settlement. However, this will be determined after the survey is completed and identification of extend of acquisition, relocation or resettlement.

7.4.5 Interference with installations and services

The proposed construction activities especially road and drainage systems could disrupt utilities in some sections where it traverses and could lead to interrupted supplies. The activities have

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been planned bearing in mind the nature of the settlements and available layouts will inform all activities. The contractor prior to commencement of the works will have consulted the local utility and providers to map out points of traverse for such utilities and service lines.

7.4.6 Solid waste generation

The construction activities in the two settlements will generate significant quantities of solid. The activities may include: excavation work; uprooting old and dysfunctional infrastructure; desilting of storm drains and removal of garbage stockpile along traverse routes. Solid waste will include rubbles and debris from masonry structures, wood, sludge and silt, metal cuttings, rejected materials, surplus materials, excavated materials, cement bags and other packaging containers, food waste and sanitary waste associated with the construction crew. Solid wastes if not well managed have a potential of causing disease outbreaks due to their presence providing suitable breeding conditions for vectors of certain diseases. Outbreak of diseases such as Malaria could be exacerbated by the presence of open water ditches for breeding of anopheles mosquitoes. The major vulnerable groups are children who could be exposed to these conditions. The generated waste needs proper handling to prevent pollution of ecosystems and contributing to associated health risks including disease, such as cholera, typhoid and diarrhoea outbreak on the site. Solid waste management plan will be put in place to avoid any adverse impacts.

7.4.7 Increased energy and water use

There will be increase in demand for energy and water for construction of roads, sewerage drainage systems and water supply connections. Electricity as well as fossil fuel will be required in significant quantities to operate construction equipment and vehicles. Water is essential input in construction, cleaning and washing, drinking and dust mitigation. These impacts will however be short-term in nature only limited to the constructional phase activities.

7.4.8 Liquid waste generation

The liquid waste that will be generated due to activities of the project could contain contaminate that could be potentially hazardous to the environment. Proper waste water handling and disposal mechanism will be in place and adherence to LN No. 120, Water Quality Regulations of 2006. The impact will be minimal in nature.

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7.4.9 Hazardous/oil spills

Hazardous materials including chemicals as well as oil used during construction may accidentally spill and will potentially contaminate both soil and water causing serious environmental degradation. Possibilities of such hazardous material including oils spilling and contaminating the soil and water within the project site are real. The potential sources of oil spills are deployed machines which may contain moving parts, may require continuous oiling to minimize the usual corrosion or wear and tear; moving vehicles on site which may require oil and other lubricants change. Maintaining the machinery in specific designated areas designed for this purpose can substantially contain these dangers. Confining the handling and use of hazardous materials at the construction site can go a long way in reducing the risks of accidental spills. The project does not anticipate adverse impacts from hazardous/oil spills.

7.4.10 Dust and exhausts emissions

Air emissions impacts due to construction activities are a cause for concern mainly in the dry months due to dust particles. The main sources of emission during the construction period are the movement of equipment at the construction site and dust emitted during construction related activities. Exhaust emissions from vehicles and equipment deployed during the construction phase are also likely to result in marginal increase in the levels of SO2, NOx, SPM, CO and un- burnt hydrocarbons. The impact will be marginal and temporary in nature and will be confined locally to the project site.

7.4.11 Noise and Vibration

Noise and vibration nuisance will be experienced temporarily during construction activities. The noise and vibrations will be associated with heavy construction equipment, moving machines material delivery vehicles.

7.4.12 Public/occupational health and safety impacts The proposed project will involve some considerable amounts of civil works. This will present safety risks to settlements population as well as to the construction staff. The Occupational Safety risks can arise from various constructions activities such as excavations, movement of heavy equipment and vehicles, increased traffic at the project site among others. Traffic related hazards will affect the public as well as construction staff. Excavated areas that form pits are potentially risky depending on the depth. Storage of fuel and hazardous substances poses health as well as safety risks. The construction may be exposed to various hazardous substances and physical agents, e.g. lead, silica dust, organic solvents, welding fumes, radiation, noise and vibration. Excessive exposures to these substances/agents may 75

result in acute injury, chronic illness, permanent disability or even death. Loss of concentration at work and fatigue arising from poor health conditions may increase the risk of accidents.

The impacts will be minimized by strictly adhering to the requirements of the Occupational Safety and Health Act (OSHA) 2007 requirements.

7.4.13 Influx of immigrant workers

The project is likely to speculative immigrant workers hoping to find job and other project related opportunities. The influx of these immigrants to the project area may potentially a security risk and negative social influence that may encourage habits that could lead to the spread of HIV/Aids. These are small community projects that will not likely attract large number of immigrants.

7.5 Positive Impacts during the Operational Phase

7.5.1 Improved living conditions and health in the settlements

The living conditions will improve with better roads, solid waste management, sound drainage and sewerage systems, and access to water supply. Cases of malaria and water borne diseases will significantly drop because of better disposal of solid waste and evacuation of storm water and surface run-off. Flooding in the settlements will be controlled effectively.

7.5.2 Promotion of secondary development

Secondary development will be triggered once the basic infrastructure and services are available. Business will be set up and improved access to the settlements will ensure easier delivery of goods and services and the economy will grow. Other secondary developments such increase in the value of land, aesthetics and capital appreciation will greatly attract investment to the settlement. Several employment opportunities will be created due to formal the investments.

7.5.3 Improved service delivery, emergency preparedness and response

The construction of roads, sewerage, water supply and sanitation infrastructure will enhance service delivery to the residents from the utility and service providers. Emergency response to fire, security and accidents will be enhanced due to better accessible roads.

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7.5.4 Improved environmental aesthetics in the settlement and reduced pollution

The constructed roads, drainages,sewerage systems and well disposed solid waste will improve the outlook of the settlements. The project will have added an aesthetic value to the environment in the settlement making them habitable. With better handling and disposal of solid waste, sewage, contamination of River Mathare from Kayole Soweto settlement will reduce significantly.

7.5.5 Community participation in environmental management at the settlements

The community will have a chance to participate in the management of environment through Community Environment Management Committee that will develop action plans and mechanism for ensuring sustainability of the project. This will be an opportunity to create cohesion in the communities and build capacity.

7.6 Negative Impacts during the Operation Phase

7.6.1 Increased demand for water and energy With many households formally accessing the public sewer system, more water demand will arise for sanitation and disposal of sewer. It will indirectly increased demand for electricity needed to pump the water from the supply sources. The water scarce Nairobi will become water stressed if alternative solutions to current will not have been found. However, NCWSC have plans of augmenting the water supply system in Nairobi city.

7.6.2 Increased runoff and alteration of local hydrology Compacted surfaces such roads and other paved areas will create impervious surfaces thus increasing horizontal flow of water which collects as runoff. Increased runoff could alter the rate and volume of storm drainage patterns and ground water recharge. This would alter local hydrology.

7.6.3 Rise in the cost of living With better infrastructure and regular tenure, landlords are likely hike rental charges burdening the rent paying tenants whose incomes are very low.

7.6.4 Changing land use Such developments could put pressure on neighbouring land as the settlements expand as a result of growing population. Without adequate planning for growth this could see the development of other informal settlements.

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7.7 Positive Impacts during the Decommissioning Phase

The project does not envisage decommissioning considering it involves provision of basic infrastructure to the public. Nonetheless, these are the positive impacts due to decommissioning of the project.

7.7.1 Rehabilitation of the site The site that was previously under the development will be restored to its original status or close to it. This will involve replacement of topsoil and re-vegetation.

7.7.2 Employment opportunities The decommission will create temporary employment to the people who will participate in the dismantling and removal of all the physical infrastructure.

7.7.3 Less strain on utilities Strain on utilities such as water and public sewerage treatment facility will cease after the decommissioning of the project.

7.7.5 Reduced traffic related accidents The traffic will reduce on the roads or along access routes hence cases of traffic related accidents will reduce.

7.8 Negative Impacts during the Decommissioning Phase

The project does not envisage decommissioning considering it involves provision of basic infrastructure to the public. Nonetheless, these are the negative impacts due to decommissioning of the project.

7.8.1 Impacts on service delivery If the proposed project is decommissioned service delivery in the municipality will be affected. Services like supply of water, sanitation and sewerage services will cease to be provided in the project areas.

7.8.2 Reduced accessibility Accessibility to the settlements/project site will be affected if roads are rendered inaccessible.

7.8.3 Impacts on health and sanitation During decommissioning water supply and sewerage services will no longer be provided. Residents will no longer access clean water and sewage management will be a challenge leading to increased risks of waterborne diseases.

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7.8.4 Waste generation Debris will be created from the demolition of project components such as pipe lines, road construction materials.

7.8.5 Increased vandalism and petty crimes If the project ceases and is decommissioned, some crook may see an opportunity to steal and vandalize some of the components for quick financial gains.

7.9 Environmental and Social Impact Evaluation

This section presents an analysis of the predicted impacts that will arise as a result of the proposed projects in the two settlements. The analysis based on duration, severity rank, and weighting is adopted from the tables 7.1 and 7.2 of the ESMF generic matrices

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Table 4: Potential positive environmental and social impacts for the proposed project Investment Activity Primary Impact Secondary Duration of Feasibility of Severity mitigation ranking Impact Impact

Design and Construction phase 1. Roads & - Construction of Employment Additional income Long-term High 2P drainage roads and creation to workers 2. Water supply drainage Creation of Increased revenues Long-term High 2P and sanitation - Construction of business and improved infrastructure water supply and opportunities for economy 3. Sewerage sanitation the material 4. Security lighting infrastructure suppliers, food 5. Solid waste - Extension of the vendors management sewerage network Improved Improved Long-term High 2P - Construction of accessibility aesthetics; better street lights and movement of security lights traffic, goods and - Installation of services solid waste collection stations and bins Operation phase Better storm water Flooding avoided Long-term High 2P evacuation and breeding grounds for mosquitoes and other diseases causing vectors is reduced Accessible roads Improved Long-term High 2P and accessibility and reduced accidents

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Water supply and Improved disposal Long-term High 2P sanitation of waste water and infrastructure in better living place conditions Sewerage Improved capacity Long-term High 2P connection to the for sanitary effluent settlements t disposal and sanitation; reduced risks to health and pollution of environment Better collection Improved Long-term High 2P and disposal of environmental and solid waste human health; reduced pollution and risks to human health 2P=High positive impact, P= moderate positive impact

Table 5: Prediction of adverse environmental and social impacts for the proposed project Investment/ Activity Primary Impact Secondary Impact Duration Feasibility Severity Weighting of ranking of Impact mitigation

Design and Constructional Phase

1. Roads and - Relocation of residents and - Disruption of families, Short-term Irreversible Medium N drainages businesses and damage to loss of shelter and 2. Water supply and existing structures, businesses (loss of sanitation livelihoods) Infrastructure - Alteration of local - Increased run-off due Long-term Irreversible Medium N 3. Sewerage hydrology to increased paved 4. Street and surfaces ,

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security lighting - Liquid waste generation - Impact on water quality Short-term Reversible 5. Solid waste

management - Air emission - Respiratory diseases - Solid waste generation - Diseases vectors and Short-term Reversible Medium N pests habitation

- Occupational Health - Injuries to workers Short to Both Low N and Safety Concerns for either due to long term long term reversible construction crew and exposure or accidents others reduces their and productivity and irreversible increases costs top the state and society

- Increased demand for - Air pollution and Short-term Reversible Low N water and strained resources electricity - Increased wages due to - Antisocial behaviour Short to Both Low N employment and exposure to long term reversible HIV/Aids and irreversible - Influx of speculative - Proliferation of informal Short term Irreversible Low N workers activities and security risks to long term - Disruption of routes and - Inconvenience to Short-term Irreversible Low N services residents, motorists and accidents Operation phase

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- Increase in cycling and - Traffic accidents Long-term Irreversible Low N vehicular speeds - Vending and other - Solid waste generation, Long-term Irreversible Medium N businesses along the blockage of drainage project site systems, vermin - Generation of Soil and water Long-term Irreversible Low N wastewater pollution - Increased demand for - Water shortage and Long-term Irreversible High 2N water and energy increased carbon emission due to power generation and water treatment - Alteration of local - Increased runoff Long-term Irreversible Low N hydrology - Increased access to the - Increased volume of Long-term Irreversible High 2N public sewerage system untreated sewer that will strain the facility - Improved infrastructure in - Rising cost of living Long-term Reversible Low 0 the settlement commensurate with the improved standards 0=low impact, N=moderate adverse impact, 2N severe adverse impact

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CHAPTER EIGHT – IMPACT MITIGATION AND MONITORING PLAN

This chapter highlights the mitigation measures for the potential negative environmental and social impacts project during the planning, construction, operation and decommissioning phases of the settlements upgrade project.

8.1 Mitigation of Planning and Construction Phase Impacts

8.1.1 Displacement and Resettlements Resettlements issues that will rise due to the project will be addressed in a separate RAP report. Several informal businesses and housing structures in Soweto Kayole will be affected because they have encroached on road reserves and way leave for sewer and public storm drainage reserves. The issues of compensation where involuntary resettlement is involved will be addressed adequately in the Abbreviated RAP report.

8.1.2 Minimizing vegetation cover loss Vegetation clearance will be limited to the specific areas requiring site preparation only to reduce the need to clear existing vegetation. Cut and fill operations will be balanced so that only parcels of land where the infrastructure is to be put up will be cleared.

8.1.3 Soil erosion and disturbance mitigation Soil erosion and conservation procedure will be in place during the construction phase. The procedure will include details on how to perform the following: clearing; grading; excavation; trenching and backfilling work at the project site. Adequate measures to prevent soil erosion especially during the rainy season. Dusty surfaces of the road will be made wet to avoid soil becoming loose and hence being subject to erosive elements. The integrity of soil erosion mitigation shall be sufficient to provide continued protection against erosion until the site soils have stabilized and added protection is no longer necessary.

8.1.4 Mitigation of impacts on local hydrology and drainage This will be managed through terracing and levelling the areas with steep slopes or gradients likely to release run-off water at a high velocity. By doing so, infiltration of rain water into the soil will be increased. Transport vehicles will be restricted to designated areas to avoid soil compaction within the project site, while any compacted areas will be ripped to reduce run-off. Where practical, surface run-off will be harvested and stored in underground reservoirs for reuse.

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8.1.5 Minimizing interruptions of services and installations The layout maps for installations and utility lines will inform the engineering designs being developed for the infrastructure upgrade. The upgrade will not in any way introduce new physical plans likely to affect or later the existing plan. It will rather improve on the existing infrastructure therefore all construction work will be confined to existing roads, sewer, and drainage systems. The contractor will make formal request from property owners, service/utility providers and local authorities before undertaking activities that are likely to interrupt water supply, electricity, communication lines, and sewer connections. The contractor through notices and posters will continuously engage the residents, property owners and other parties likely to be affected by the construction work.

8.1.6 Solid waste management A waste management plan for the project will be developed by the contractor on commencement of the work and after completion. The waste management plan will comply with Legal Notice 121: Waste Management Regulations, 2006 and the best practices. The waste management plan will be developed in close collaboration with Nairobi City Council. Proper estimates for the bill of quantities to ensure materials procured do not go into waste will be carried out. Excavated soil and rubble from old infrastructure will be reused as much as possible to avoid waste.

8.1.7 Liquid waste management The project developer will ensure provision of sanitary facilities for the workers and all effluent will be treated or disposed properly in the camp sites. Breeding grounds for disease vectors such as mosquitoes will be avoided: water accumulation points, casual water from empty containers, old tires. A good temporary drainage of site will be provided and which will allow sufficient settling for pollution from particles.

8.1.8 Energy and water use management Best management practices will be applied to conserve water and energy. Unnecessary wastage will be avoided through proper planning, enforcing strict code of practice among the workers. Some of the measures include use of sound construction equipment to ensure their efficiency and proper servicing and maintenance. Proper time tabling for transport activities to avoid wastages due to detours and encouraging workers to switch off all machines when not in use so as to save on fuel. The proponent will ensure efficient water use. Construction staff will be sensitized on the need to conserve water and minimize waste. Water storage structures for rain water will be constructed to capture rainwater where practical.

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8.1. 9 Hazardous wastes/Spills management During this phase of the project, adequate spill response procedures will be developed and implemented by the contractor. Hazardous wastes will be handled according to Legal Notice 121: Waste Management Regulations, 2006 requirements and occupational health and safety requirements. Used motor oil recovery system will be provided and a protocol for refueling and servicing equipment and vehicles will be in place to minimize spillages that are hazardous to the environment.

8.1.10 Management of Air emissions The Contractor will ensure that dust emissions and odours are minimized. Water sprinkling, use of screens and good housekeeping will be employed to achieve the objective. The contractor will ensure that the any equipment they use for the project is in a good state of repair, well maintained, and equipped with suitable mufflers to prevent generation of excessive air pollutants and noise. Good waste handling and disposal procedures will be implemented. Adequate cordoning of the site to protect passers-by and site workers will be put in place. All workers at the construction site will be provided with protective gear suitable for their nature of work. A code of practice for the workers will be enforced to ensure that they adhere to all safety procedures. In addition, the following measures shall be implemented to mitigate on emissions due to vehicle activity:

 Vehicle idling time shall be minimized  Alternatively fuelled construction equipment shall be used where feasible  Equipment shall be properly tuned and maintained  This will also be achieved through proper planning of transportation of materials to be used during construction of the project to ensure that vehicle fills are increased in order to reduce the number of trips done or the number of vehicles on the road.

8.1.11 Noise and vibration management The noise standards contained in the national regulations will be strictly enforced to protect construction workers and the community. Noise-suppression techniques will be employed to minimize the impact of temporary construction noise at the project site. Portable barriers will be installed to shield compressors and other small stationary equipment where necessary and use of quiet designed with noise control elements. Vehicle idling time will be limited drivers will be encouraged to switch off vehicle engines whenever possible. Construction workers will use protective gear in areas with high noise. Construction activities will be undertaken during day

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8.1.12 Public and occupational safety The Contractor will adhere to occupational health and safety guidelines contained in generic mitigation measures for contractors in appendix 8.1 of the ESMF. The proponent will ensure all safety measures and emergency response procedures are in place. The site will be cordoned off and all unauthorized persons will not be allowed. All safety and warning signage will be availed and first aid facility will be available. Training and awareness will be necessary for all workers and by extension the community members.

8.1.13 Influx of immigrant workers The law enforcement agencies will maintain security in the project sites. The contractor will give priority to locals in employment.

8.2 Mitigation of Operation Phase Impacts

8.2.1 Ensuring commensurate sewerage treatment and water supply The Nairobi Water and Sewerage Company in partnership with Athi Water Services Board is already addressing water supply issues in Soweto Kayole through a water project that entail a 15 Km pipeline and community outreach programmes. The biggest challenge in the informal settlements was having the infrastructure in place.

8.2.2 Managing increased runoff The increased run-off likely to be generated from the paved surfaces will be handled by the drainage system that will be in place. The design of the drains will incorporate solid waste screens to trap waste from ending up in water bodies in the area.

8.2.3 Changing land use management Proper planning will be in place to avoid drastic shifts in land use due to development pressure. The local authorities under the devolved government will through their respective mandates regulate land subdivision and any developments in land.

8.2.4 Water and energy use Water and energy demand rise will be directly attributed to the project but due to other factors outside of the project. The CEMC that will be in place will ensure sustainability of the development through organized efforts and associations like the residents associations that will look into their welfare, water and energy included. The community groups will also ensure the sound disposal of waste in the settlements.

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8.3 Mitigation of Decommissioning Phase Impacts

The negative impacts that may arise in case the project is decommissioned will be managed as follows:

8.3.1 Ensuring service delivery is not interrupted The residents will be provided with alternative means/infrastructure for their basic services before decommissioning of the project and its components. The decommissioning team shall ensure formal consultation and adequate planning is undertaken in order to avoid adverse consequences due to interrupted services and amenities. Alternative sanitation facilities will be provided while water supply and accessibility through alternative routes will be planned.

8.3.2 Management of solid waste Solid waste resulting from demolition or dismantling works associated with the proposed Project during decommissioning phase will be managed as follows:

 Use of durable, long-lasting materials that will not need to be replaced as often, thereby reducing the amount of demolition waste generated during decommissioning phase  Provision of facilities for proper handling and storage of demolition materials to reduce the amount of waste caused by damage or exposure to the elements  Adequate collection and storage of waste on site and safe transportation to the disposal sites and disposal methods at designated area shall be provided.

8.3.3 Reduction of dust/air emissions High levels of dust concentration resulting from demolition or dismantling works will be minimized as follows:

 Watering all active demolition areas as and when necessary to lay dust.  Cover all trucks hauling soil, sand and other loose materials or require all trucks to maintain at least two feet of freeboard.

8.3.4 Minimizing noise and vibrations The following noise-suppression techniques will be employed to minimize the impact of temporary destruction noise at the project site.

 Install portable barriers to shield compressors and other small stationary equipment where necessary.

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 Limit vehicles and other small equipment with engines to a minimum idling time and observe a common-sense approach to vehicle use, and encourage workers to shut off vehicle engines whenever possible.  Demolish mainly during the day, a time with minimal noise disturbance

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Table 6: Summary of impacts and mitigation measures

Environmental and Potential Impacts Existing Impacts Mitigation Measures Social Components Land  Vegetation loss due to  Stockpile of garbage  Clear vegetation only where constructional activities, minimal due to dumping creating necessary impacts since no significant eyesores and poor  Avoid vegetation clearance on vegetation cover aesthetic of the sloping surfaces where  Excavation activities may environment in the possible expose soil to the elements thus settlements  Balance cut and fill operations getting eroded  Solid waste block drains and ensure only parcels of land  Solid waste: Construction waste  Odours resulting from for infrastructure development including excavated soil, decomposing waste is cleared packaging waste and  Soil erosion in some  Provide sufficient strutting construction crew generating roads sections due to and shoring of critical waste, Waste from households poor or inexistent excavation areas;  Hazardous spills could drainage channels Prevent undue potentially occur while handing  Sewage and waste movement/transportation of soil hazardous substances including discharge from materials from the site; oil, fuel, and chemicals. residences  Reduction, reuse and recycling Accidental spillages could cause strategies to minimize waste soil contamination  Segregation , proper collection and disposal of solid waste  Spills response and containment strategy to be put in place  Proper disposal of contaminated sol Water  Alteration of local hydrology and  There‘s poor drainage  Limiting compaction activities to drainage leading to increased due overwhelmed or the areas where construction run-off dysfunctional storm work is undertaken only  Discharge of untreated sewer drains  Provision of sanitary effluent

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during the operation phase  Discharge of feacal handling systems and disposal  Increased water demand waste (exhausted from through public sewer system household pit latrines) into River Mathare  Potential pollution of ground water sources from sewer an d contaminated waste water sipping through the soil Air  Dust emission during  Dust impacts from the  Use of low sulfur fuel and construction unpaved roads and sprinkling water to arrest dust  Exhaust emissions from vehicle passage ways  Proper disposal and treatment and construction equipment  Odours from sewer and of waste  Odours from untreated waste stagnant waste water,  Draining off stagnant water garbage heaps Human/Social  Displacements and  Encroachments along  Prepare RAP for resettlements resettlements to pave way for road and other reserved and issue compensation the laying of the infrastructure areas  Give local priority in could affect encroaches and  Noise impacts are employment legitimate residents associated with normal  Provide alternative access and  Construction activities could activities in the plan activities well to avoid disrupt social activities and lives settlements disruption of local activities by blocking access routes,  The access is poor due  Liaise with plot owners, utility interrupting supply of utilities to inaccessible roads providers and local authorities and paralyzing service provision  Traffic safety risks before engaging in work likely Interference of utilities/services especially with to interfere with supply lines routes motorbikes  law enforcement to prevent  Safety and health risks to the  Hiv/Aids prevalent in crime and antisocial activities public and workers due to the settlements  Municipality to monitor construction e.g injuries, traffic development and support accidents, and nuisance due to residents welfare to avoid noise and activities social marginalization  Speculative immigrant workers  regulation of traffic and may increase in the project site enforcement of laws to prevent causing security risks, antisocial accidents and other hazards

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behaviors and bringing nuisance  increased living cost due to improved standards in the settlement  Accidents from roads due to high flow of traffic

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8.4 Environmental and Social Monitoring Plan

Monitoring of certain key environmental and social parameters to assess the status of the project during and after construction will be necessary. With the knowledge of baseline conditions, the monitoring programme will serve as an indicator for any deterioration in environmental and social conditions due to the project, to enable taking up suitable and timely mitigatory steps to safeguard the environment.

The community through their CEMC and the NCC will play a key role in monitoring as project beneficiary and participant respectively. KISIP and the MoH will have a responsibility to monitor the entire development to ensure the project goals are achievable. The overall responsibility on matters relating to the environment is vested in NEMA as provided for in EMCA, 1999. The Act will require monitoring through annual environmental audit specified in the Environmental (Impact Assessment and Audit) Regulations of 2003. The monitoring responsibilities for various activities are contained in the Environmental and Social Monitoring Plan matrix presented herein the following section.

Environmental Monitoring Plan

Environm Location Responsibility Responsibility Mode and Frequency ental during design for monitoring Period of and during monitoring Aspect construction operation (c) = Construction

(o) = Operation

Land  Way MLHUD and MLHUD and Before Once. acquisition leave NCC NCC construction and Resettlem ent

Solid  Construct Contractor, NCC Site visit and Weekly(c) Waste ion Camp Supervising visual inspection  Project Engineer. (c) sites Air  Project Design Traffic Police; Visual inspection Daily (c) pollution site Engineer, (c) Contractor, NCC

Supervising Random (o)

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Environm Location Responsibility Responsibility Mode and Frequency ental during design for monitoring Period of and during monitoring Aspect construction operation (c) = Construction

(o) = Operation

Engineer, Speed gun (o)

Noise  Project Supervising Traffic Police and Speed gun (o). Random (o) pollution: site. Engineer and NCC Contractor. Observation/Insp ection (c)

Liquid  Project Design NCC Visual inspection Daily (c). wastes site (work Engineer, (c). shops) Supervising Twice a Engineer, and Routine year (o). Contractor. maintenance (o).

Vegetation  Way Design NCC Visual Inspection At the end loss leave Engineer, (c) of Contractor, constructio Supervising n Engineer.

Water  Material Contractor, NCC Water quality Monthly sites and Supervising analysis(c) project Engineer AWSB area Soil  Project Contractor, NCC Drainage of Weekly erosion area Supervising project area (c) Engineer

Social  Project NCC NCC Public Quarterly impacts area consultations Contractor, Supervising Engineer

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Costs for Monitoring

The costs for mitigation of construction related impacts will be included in the contract documents. During construction and decommissioning phases of the project, the Environmental and Social Officer will co-ordinate the monitoring programme and prepare reports for submission to the environmental authorities.

Environmental Training and Awareness

The Contractor and sub-contractors shall be aware of the environmental requirements and constraints on construction activities contained in the provisions of the ESMP. The Contractor will therefore be required to provide for the appropriate Environmental Training and Awareness as described in this ESMP in his costs and programming. An initial environmental awareness training session shall be held prior to any work commencing on site, with the target audience is all project personnel.

The training should include but not limited to the following:

1. Basic awareness and understanding of the key environmental features of the work site and environs; 2. Understanding the importance of and reasons why the environment must be protected; 3. Ways to minimise environmental impacts; 4. Relevant requirements of the ESMP; 5. Prevention and handling of fire; 6. Health risks pertinent to the site, including prevention of communicable diseases; 7. Awareness, prevention and minimisation of risk with regard to the contraction and spread of HIV/AIDS and other sexually transmitted diseases; 8. The Contractor shall erect and maintain Environmental and Health Information Posters for his employees regarding HIV/AIDS and natural resources; and 9. The Environmental and Health Information Posters shall be erected at the eating areas and any other locations specified by the RE.

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Environmental Risk Management

The failure of environmental mitigation can result in serious impacts such as erosion, increased road accidents and disruption of the community lifestyles. Construction projects also involves occupational health and safety risks to communities, workers, primarily in the areas of storage and handling of dangerous materials, and operation of heavy machinery close to traffic, slopes and watercourses. The anticipated risks in this project include:

1. Exposure to excessive dust particles or toxic fumes from bitumen and other chemicals used in road works; 2. Potential for collapse of trenches; 3. Risk of accidents involving passing traffic; 4. Risk of rock falls during blasting; 5. Risk of fuel spills and therefore contaminating soil and groundwater.

The risks can be mitigated to a large extent through:

1. Strengthening staff skills and training in environmental management; 2. Monitoring environmental actions and responsibilities and making provision for remedial actions; 3. Planning for remedial measures in case initial planned actions are not successful; 4. Limiting time of exposure to dust particles, chemicals and noise; 5. Establishing safety and inspection procedures in materials handling, operating heavy equipment and constructing trenches; and 6. Safe handling of toxic materials, explosives and other hazardous substances.

Emergency Procedures

The Contractor shall submit Method Statements covering the procedures for the main activities which could generate emergency situations through accidents or neglect of responsibilities. These situations include, but are not limited to:

1. Accidents at the work place; 2. Accidental fires;

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3. Accidental leaks and spillages; 4. Vehicle and plant accidents;

Specific to accidental leaks and spillages:

1. The Contractor shall ensure that his employees are aware of the procedure for dealing with spills and leaks; 2. The Contractor shall also ensure that the necessary materials and equipment for dealing with the spills and leaks is available on site at all times.

Specific to hydrocarbon spills:

1. The source of the spill shall be isolated and the spillage contained using sand berms, sandbags, sawdust, absorbent material and/or other materials approved by the RE; 2. The area shall be cordoned off and secured; 3. The Contractor shall ensure that there is always a supply of absorbent material readily available to absorb/breakdown the spill; 4. The quantity of such materials shall be able to handle a minimum of 200l hydrocarbon liquid spill; 5. The Contractor shall notify the relevant authorities of any spills that occur; 6. The Contractor shall assemble and clearly list the relevant emergency telephone contact numbers for staff and brief staff on the required procedures. These contact details shall be listed in English and Kiswahili; 7. The treatment and remediation of areas affected by emergencies shall be undertaken to the reasonable satisfaction of the RE at the cost of the Contractor where his staff have been proven to be responsible for the emergency.

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Environmental Audits

One of the methods that will be used in monitoring will be through formal Environmental Audits according to EMCA 1999 EIA/EA Regulations 2003. The Audits will be carried out by contracted road design engineer, environmentalist, and Project Supervision engineers in collaboration with the contractor. NEMA´s DEO, NCC environment officials, relevant NGOs and CBOs will also be involved during and after construction to ensure sustainability of measures put in place.

Occupational Health / Safety Audits

The audits should be carried out in accordance as a legal requirement of the Directorate of Occupational Health and Safety. NEMA´s Initial and follow up audits (Self Audits) should be carried out within raw material borrow sites such as quarries and borrow pits.

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CHAPTER NINE: ENVIRONMENTAL MANAGEMENT PLAN

This chapter presents the Environmental and Social Management Plan (ESMP) which summarizes the identified adverse impacts and remedial measures, monitoring activities along with requisite institutional arrangements for effective implementation of mitigation measures during planning, construction, operation as well as the decommissioning phase of the project. The ESMP also gives an indication of the time scale for implementation and cost involved.

The ESMP has been developed with input from the relevant stakeholders including the government departments and the communities living in the KCC Village and Soweto Kayole settlements. The ESMP can be used to derive further guidelines and procedures responsive to the requirements of the various parties that will be involved in its implementation during the different phases of the project. The ESMP can also be amended at the various stages to reflect any issues that could evolve during the project cycle.

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Table 7: Environmental Social Management Plan and Monitoring

EMP at Planning and Construction phase Potential Mitigation measures Monitoring Monitoring Cost Responsibility Environmental, indicators Frequency estimate socio-economic, (KES) Health and Safety Impact Design and Conflicts over  Adequate sensitization  Resolved conflicts  Continuous In project KISIP, NCC planning property ownership of the community  Active participation in the budget activities and resistance to  Undertake public of the residents in project the project consultation and project planning planning participation activities and design  Public meetings stage and forums organized Relocation of Disruption of  Prepare RAPs  Approved RAP  Once Provided for KISIP, NCC, residents and families, loss of  Provide for  Compensation in BoQs Consultant businesses shelter and compensation where arrangements businesses (loss of applicable in the RAPs effected livelihoods) Excavation and Soil disturbance,  Limit excavation to  No evidence of soil  Daily Provided for NCC, civil works erosion and water marked project areas erosion in BoQs contractor and pollution, dust and  Refilling and paving to  Paving and refilling construction damage to existing limit impacts on soil done workers structures,  Rehabilitate to NEMA  Rehabilitation done destruction of approval  Relocation and biodiversity  Ensure proper compensation relocation of structures and compensation before construction Fuelling, Land pollution,  Plan emergency  Spill emergency  Daily In project NCC, Contractor servicing and Contamination of procedures in case of plan in place budget Storage of surface and accidents, or spills of  fuelling, service

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chemicals, fuels groundwater pollutants and maintenance and other sources  Define safety rules for protocol in place flammable Occupational work site personnel-  No fire incidents liquids hazards, fire dangerous materials  Adequate signage outbreaks, handling, fires, etc.  Physical contamination of  Proper storage and observation ground handling of flammable substances  Appropriate signage

Generation of Impact on  Construction and  No complaints  Daily In project Project noise, dust and neighborhood, movement of trucks from members of budget proponent, vibrations occupational safety will be limited to the public building and health impacts daytime  Physical contractor and  Machinery will be observation construction regularly serviced  PPE provided to workers  Sprinkling of water on workers dusty surfaces  Adequate warnings and cautionary safety signs  Provision of appropriate personal protective equipment to workers  Use of safe working procedures  Creation of safety awareness to workers  Adequate job supervision  Shorten construction period Generation of Adverse public  Proper disposal of all  Waste disposal  Daily/ Approx.10,00 NCC, contractor, solid waste health and safety wastes in accordance Records (monthly Monthly 0 per truck workers, KISP impacts; land EMCA waste receipts) load of 101

degradation; regulations  Waste bins rubble soil adverse aesthetic  Re-use and recycling provided 5,000 per impacts of wastes where  Absence of month for possible rubbles. General  Engage the service of waste a licensed waste Disposal handler to handle and dispose waste Generation of Air pollution,  Ensure adherence to  Physical Cost of KISIP,NCC, dust, fumes occupational and EMCA air quality observations vehicles and Contractor public health and regulations  PPE provide to machinery safety impacts  Use of low sulphur workers maintenance diesel for diesel and PPE vehicles and equipment  Proper maintenance of vehicles and machinery  Provide adequate personal protective equipment to workers Use of water and Increased demand  Water reuse and/or  Monthly water Capital KISIP,NCC, energy for water and Recycling and electricity Costs Contractor consumption electricity  Harvest roof and consumption and residents surface run-off where records feasible  Use of energy efficient machines and appliances  Create awareness on water and electricity saving Construction Sanitation  Provide a suitable  Sanitation facilities In project KISIP,NCC camp and crew Concerns, Public onsite sanitation for construction budget Contractor activities health facilities at workers provided impacts construction stage  Suitable 102

 Provide suitable sewage disposal sewage facilities facilities provided

Deployment of Social impacts;  Create awareness  No/reduced cases In project MCN, contractor workers (casual unsafe sex  Hire local workers of drug use and budget labors) practices, spread of spread of diseases diseases and  Awareness substance abuse programs

Influx of Security risk, theft  Give priority to locals  No security  Daily/ In security Contractor, immigrant when hiring incidents Weekly budget (for NCC, Provincial workers  Engage sober and associated contractor) Administration qualified individuals with the workers  Register and induct  No complaints construction from residents workers accordingly with regard to  Ensure the workers conduct of are always supervised construction  Proper security and workers monitoring placed at  No record of lost the site materials

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Material delivery, Obstruction, visual  Transportation of  Reduced  Daily/Weekl In project KISIP, NCC, closure of intrusion, materials to be done obstruction y budget contractor, access routes Inconvenience to during off-peak hours  No traffic incidents and relocating residents, motorists  Provide a traffic  Alternative access services and and accidents, management plan at provided installations interference with site  Public notices in supply  Provide alternative place access routes  Consent letters and  Liaise with utility permits available providers, property owners, local authorities and fore warn all affected residents  Shorten construction period EMP during Operation Phase

Aspect Potential Mitigation measures Monitoring Monitoring Cost Responsibility Environmental, indicators frequency estimate socio-economic, (KES) Health and Safety Impact

Changes in Risks to  Undertake an  An environmental  Annually In the Project KISIP, NCC baseline environmental and environmental audit of audit conducted monitoring environmental social health project activities and and report received budget and social submit a report to by NEMA parameters NEMA

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Increase in Traffic accidents  Enforce traffic laws and  Smooth traffic flow  Daily Operational NCC, SEC, cycling and install speed bumps  No traffic incidents budget for Traffic vehicular speeds  Designate and clearly different Department mark the pedestrian authorities walks,

Vending and Solid waste  Provision of suitable  Waste disposal  Once/Month Cost of NCC, SEC, other businesses generation, solid waste receptacles Records (monthly ly general Residents, along the project blockage of (refuse and waste receipts) waste vendors and site drainage systems, collection centers)  Waste collection Disposal per local leaders vermin  Proper disposal of all points provided month wastes in accordance  Physical with EMCA waste observations regulations  Clean up schedules  Re-use and recycling  Functional drainage of wastes where systems possible  Sensitization of residents on proper waste management  Participation in neighbourhood environmental clean ups Generation of Soil and water  Channel all waste  Sewerage lines put  Daily Operation NCC, residents, wastewater pollution water to appropriate in place cost of users NWSC receptacles  Monthly bills for  Ensure sewage utilities disposal system is well  Maintenance maintained records for municipal sewerage line connection

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Use of water and Increased demand  Consider harnessing  Solar energy NCC, SEC, energy for water and solar energy for lighting tapped for lighting residents, CBO,s energy on roads/paths  Rainwater  Create awareness on harvesting water and electricity technologies saving promoted  Promote rainwater  Awareness creation harvesting by residents programmes  Have in place a  Water rationing rationing programme schedules EMP at the Decommissioning Phase

Aspect Potential Mitigation measures Monitoring Monitoring Cost Responsibility Environmental, indicators Frequency estimate socio-economic, (KES) Health and Safety Impact

Termination of Impacts on health  Identify alternative and  Minutes of meeting  Once/Weekl NCC,KISIP, service delivery and sanitation, cost effective  Notices of intent y SEC, NWSC, reduced quality of suppliers of services  Observation Residents life  No complaints from the residents

Closure of roads Reduced  Provide alternative  Alternative roads  Once NCC,KISIP, and paths accessibility roads and paths provided SEC, Residents  Decommissionin Waste generation,  Proper disposal of  No cases of  Daily NCC,KISIP, g activities Vandalism waste vandalism Residents

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CHAPTER ELEVEN - CONCLUSIONS AND RECOMMENDATIONS

Conclusions The following conclusions are made after critically assessing the potential social and environmental impacts that could result from the proposed settlement upgrade in Nairobi:

 The project will not have significant negative environmental and social impacts at the planning, construction, operation and maintenance phases as well as during its decommission phase;  The identified negative environmental and social impacts are manageable with the mitigation measures proposed;  The anticipated positive benefits will outweigh the negative impacts that largely short-term and reversible, associated mostly with the construction phase;  The various stakeholders consulted including the settlement dwellers welcomed the development and suggested to the proponent measures to take in addressing their concerns;  The project will improve living conditions for the citizens living in the settlements and will have a positive impact their health and social well-being;  The project is consistent with the government‘s policy objectives relating to environmental management and sustainable development. It supports the Vision 2030 and the MDGs.

Recommendations The following are recommendations are made with respect to the proposed settlement upgrade project:

 That, the Proposed project to be implemented with full adherence of the outlined mitigation measures, the ESMP and all other legislative and planning requirements for all construction activities.  An abbreviated RAP be undertaken to address issues resettlement and its social implications  To ensure sustainability of the project, build more capacity both in the community and the caretaker institutions to be able to undertake necessary monitoring and maintain the project.  The approval of the project by NEMA since there are no significant environmental and social impacts identified. All negative impacts will be sufficiently addressed by the mitigation measures that have been proposed. 

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REFERENCES

1. Commission on Revenue Allocation (2012), Kenya Fact Sheet: Nairobi County, Nairobi.

2. Gachene, C.K.K. and Kimaru, G. (2003). Soil Fertility and Land Productivity - A guide for extension workers in the eastern Africa region. Technical Handbook No.30. Regional Land Management Unit (RELMA)/ Swedish International Development Cooperation Agency (Sida). ISBN: 9966-896-66-X.

3. Ministry of Planning and Vision 2030: National Housing and Population Census, 2009 4. Republic of Kenya (2012). Socio-economic survey for KCC and Soweto Kayole Settlements in Embakasi District Nairobi: Ministry of Lands, Housing and Urban Development, Nairobi

5. Republic of Kenya (2010), Kenya Informal Settlement Improvement Project, Environmental and Social Management Framework, Nairobi

6. Republic of Kenya (1998). Laws of Kenya: The Local Government Act, Cap 265. Government Printer, Nairobi.

7. Republic of Kenya (1999). Laws of Kenya: Building Code Act. Government Printer, Nairobi.

8. Republic of Kenya (1999). Population and Housing Census. Central Bureau of statistics, Ministry of Finance and Planning, Nairobi.

9. Republic of Kenya (1999). The Environmental Management and Co-ordination Act, No. 8 of 1999. Government Printer, Nairobi.

10. Republic of Kenya (2003) Environmental (Impact Assessment and Audit) Regulations of 2003

11. Republic of Kenya, 1996, Physical Planning Act.

12. Republic of Kenya, 1986, Public Health Act

13. Republic of Kenya, Environmental & Development Policy (Sessional Paper No. 6 of 1999)

14. Republic of Kenya, The National Poverty Eradication Plan (NPEP)

15. Republic of Kenya, The Poverty Reduction Strategies Paper (PRSP)

16. Republic of Kenya (2005). Noise Prevention and Control of 2005. Government Printer, Nairobi.

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17. Republic of Kenya (2006). The Water Quality Regulations of 2006. Government Printer, Nairobi.

18. Republic of Kenya (2007) The Occupational Safety and Health Act, 2007

19. Republic of Kenya (2002). Laws of Kenya: The Water Act, 2002. Government Printer, Nairobi.

20. Republic of Kenya, EMCA (Waste Management) Regulations, 2006

21. Republic of Kenya (2007) Kenya Vision 2030 document

22. NCC/UNEP, (2006). Nairobi City Environment Outlook, UNEP , Nairobi

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APPENDICES

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APPENDIX 1. ESTIMATES OF COST AND QUANTITIES’ LOT 1

GRAND SUMMARY OF BILLS OF QUANTITIES FOR ROADS AND ASSOCIATED DRAINS BILL DESCRIPTION AMOUNT (KES) NO. 1 PRELIMINARY AND SUPERVISORY SERVICES 121,228,000.00 4 SITE CLEARANCE AND TOP SOIL STRIPPING 14,146,284.45 5 EARTHWORKS 56,546,902.50 8 CULVERT AND DRAINAGE WORKS 183,882,120.25 9 PASSAGE OF TRAFFIC 7,092,076.80 12 HANDPACKED STONES FOR SUBBASE AND BASE 51,146,100.00 15 BITUMINOUS SURFACE TREATMENT AND SURFACE DRESSING 21,544,800.00 16 BITUMINOUS MIXES 773,605,200.00 20 ROAD FURNITURE 39,879,021.00 22 DAY WORKS 19,518,725.00 24 CONCRETE PAVING BLOCKS 48,768,000.00 25 HIV/AIDS AWARENESS CAMPAIGN 4,000,000.00 26 ROAD SAFETY AWARENESS CAMPAIGN 3,600,000.00 SUB TOTAL 1,344,957,230.01 ALLOW 5% OF SUB TOTAL (A) ABOVE FOR PHYSICAL CONTINGENCIES 67,247,861.500 ADD 5% OF SUB TOTAL A ABOVE FOR VARIATION OF PRICE TO BE EXPENDED IN 67,247,861.500 WHOLE OR IN PART AS DIRECTED BY THE ENGINEER

SUB TOTAL B 1,479,452,953.01 ADD 16% VAT 236,712,472.48

TOTAL CARRIED FORWARD TO FORM OF BID 1,716,165,425.49

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LOT 2

GRAND SUMMARY OF BILLS OF QUANTITIES FOR LOT 2 : CONSTRUCTION OF FLOODLIGHTS BILL AMOUNT DESCRIPTION NO. (KSHS) 1 PRELIMINARY AND GENERAL ITEMS 10,157,400.00 2 CONSTRUCTION & INSTALLATION OF FLOODLIGHTS ( HIGH MASTS ) 27,417,000.00

SUB TOTAL A 37,574,400.00 ALLOW 7.5% OF SUB TOTAL (A) ABOVE FOR PHYSICAL CONTINGENCIES 2,818,080.00 ADD 7.5% OF SUB TOTAL A ABOVE FOR PRICE CONTINGENCY 2,818,080.00 SUB TOTAL B 43,210,560.00 Add 16% VAT 6,913,689.60

TOTAL CARRIED FORWARD TO FORM OF BID 50,124,249.60

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LOT 3

KENYA INFORMAL SETTLEMENTS IMPROVEMENT PROJECT EMBAKASI KCC AND SOWETO INFORMAL SETTLEMENTS. NAIROBI CITY GRAND SUMMARY BILLS TOTAL BILL DESCRIPTION AMOUNT NO. Kshs.

A PRELIMINARIES & GENERAL 13,600,000.00

B WATER SUPPLY 24,044,210.00

C SEWERAGE WORKS COMPONENTS 42,950,601.00

D SOLID WASTE 8,772,818.00

E DAYWORKS 361,880.00

SUB TOTAL 1 89,729,509.00

ADD 7.5% OF SUB TOTAL 1 FOR PHYSICAL CONTINGENCIES 6,729,713.18

SUB TOTAL 2 96,459,222.18

ADD 7.5% OF SUB TOTAL 2 FOR PRICE CONTINGENCIES 7,234,441.66

GRAND TOTAL CARRIED TO FORM OF TENDER 103,693,663.84

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APPENDIX 2. PROJECT DESIGN LAYOUTS

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APPENDIX 3: LIST OF PUBLIC MEETING ATTENDANCE

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APPENDIX 4: NEMA LICENSE FOR LEAD ESIA EXPERT FIRM

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APPENDIX 5: KISIP CONSULTANCY TERMS OF REFERENCE

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APPENDIX 6: KISIP ESMF GENERIC MITIGATION MEASURES FOR CONTRACTORS

Permits and licenses (i) The Contractor shall ensure that all pertinent permits, certificates and licenses have been obtained prior to any activities commencing on site and are strictly enforced/ adhered to; (ii) The Contractor shall maintain a database of all pertinent permits and licenses required for the contract as a whole and for pertinent activities for the duration of the contract and renew if so required.

Site preparation phase

Location of Contractor’s camp site Where the contractor will require setting up a site, the same shall be determined in collaboration with the RE taking into consideration the following:

(i) Preferably to be located on land already cleared wherever possible; (ii) Not to be installed in the areas used as wildlife grazing areas or migratory corridors or in the area with more dense vegetation or densely settled areas; (iii) It should also avoid the areas, where the soil has higher erosion risk; (iv) The need to be more than 20 meters from watercourses in a position that will facilitate the prevention of storm-water runoff from the site from entering the watercourse; (v) The local administration and the community representatives (CBO) shall be involved in the site location to avoid destruction of any ritual site or any other conflict; (vi) The Contractor‘s Camp layout shall take into account availability of access for deliveries and services and any future works; (vii) The Contractor‘s Camp should also be of sufficient size to accommodate the needs of all sub- contractors that may work on the project.

Environmental Training and Awareness

(i) The Contractor and sub-contractors shall be aware of the environmental requirements and constraints on construction activities contained in the provisions of the EMP; (ii) The Contractor will be required to provide for the appropriate Environmental Training and Awareness as described in this EMP in his costs and programming; (iii) An initial environmental awareness training session shall be held by the LA prior to any work commencing on site, with the target audience being all project personnel; (iv) The training shall include but not limited to the following • Basic awareness and understanding of the key environmental features of the work site and environs; • Understanding the importance of and reasons why the environment must be protected; • Ways to minimize environmental impacts; • Relevant requirements of the EMP; • Prevention and handling of fire; • Health risks pertinent to the site, including prevention of communicable diseases; • Awareness, prevention and minimization of risk with regard to the contraction and spread of HIV/AIDS and other sexually transmitted diseases; • The Contractor shall erect and maintain Environmental and Health Information Posters for his employees regarding HIV/AIDS, protection of wildlife and natural resources;

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• The Environmental and Health Information Posters shall be erected at the eating areas and any other locations specified by the RE.

HIV/AIDS awareness and prevention campaign

(i) The Contractor shall institute HIV/AIDS awareness and prevention campaign amongst his workers for the duration of the contract, contracting an implementing organization, with preference for an organization already working on this issue in the project area; (ii) The campaign shall include the training of facilitators within the workers, information posters in more frequented areas in the campsite and public areas, availability of promotional material (T-shirts and caps), availability of condoms (free), and theatre groups.

Local Labour / Employment

(i) Wherever possible, the Contractor shall use local labour, and women must be encouraged to be involved in construction work.

Construction phase

EMP management records

Environmental management records shall be kept on site during the duration of construction and shall include the following:

(i) The updated version of the EMP; (ii) All necessary permits and licences; (iii) All site specific plans prepared as part of the updated EMP; (iv) All written instructions and reports issued by the RE / Supervising Consultant; (v) A register of audit non-conformance reports and corrective actions; (vi) All related environmental, social, health and safety management registers and correspondence, including any complaints; (vii) All records shall be kept at site premises and maintained in a legible state for the full period of construction.

Contractor’s Camp

The Contractor shall implement the following as required:

(i) A suitable storm-water drainage system to prevent soil erosion, protect storage areas and to prevent stagnant ponds forming; (ii) A suitable potable water supply; (iii) Suitable facilities for bathing, washing clothes or vehicles – site staff will not be permitted to use open water bodies for such activities; (iv) Suitable sanitation facilities, adequate for the number of staff on site; (v) Facilities for cooking; (vi) Facilities for solid waste collection; (vii) Facilities for waste water management. The method for provision of these services will be approved by the RE.

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Water Supply

The Contractor must adhere to water quality regulations and rules as described in Legal Notice No. 120 of the Kenya Gazette Supplement No. 68 of September 2006. These Rules describe the following:

(i) Water sources for domestic use; (ii) Sewage treatment; (iii) Ground water; (iv) Water for agricultural use; (v) Water for other uses; (vi) Schedules depicting standards. Abstractions from natural, municipal and/or private water resources (e.g. rivers, boreholes and springs) for potable water and construction water shall be approved by the Water Resources Management Authority. The Contractor shall arrange for the necessary approvals / permits from the water authorities under the direction of MoR for the abstraction of water.

Conservation of vegetation and protection of wildlife (i) Except to the extent necessary for establishing the construction site and carrying out the construction works, vegetation shall not be removed, damaged or disturbed. Nor should any unauthorized planting of vegetation take place; (ii) The clearance of the site for construction purposes shall be kept to a minimum. The use of existing cleared or disturbed areas for the Contractor‘s Camp, stockpiling of materials etc shall be encouraged; (iii) Areas with dense indigenous vegetation are not to be disturbed unless required for construction purposes, nor shall new access routes be cut through such areas. (iv) Trees should be trimmed rather than removed wherever possible; (v) The use of indigenous plants as firewood is prohibited unless they are obtained from approved sources; (vi) There is a possibility of encountering wildlife during the construction works, these animals should be avoided and not perturbed; (vii) Wildlife poaching or game hunting is forbidden.

Protection of watercourses (i) The Contractor shall ensure that the footprint of construction activities is minimised at river and stream crossings; (ii) Sedimentation from the construction works of perennial rivers and streams must be minimised; (iii) No construction materials shall be stockpiled within areas that are at risk of flooding; (iv) The Contractor shall ensure that all construction activities at the seasonal river crossings are commenced and completed during the dry seasons; (v) All temporary and permanent fill used adjacent to, or within, the perennial river bed shall be of clean sand or larger particles. Silts and clays shall not be permitted in the fill; (vi) Plastic sheeting, sandbags or geofabric approved by the RE shall be used to prevent the migration of fines through the edges of the fill into the river; (vii) The Contractor shall not modify the banks or bed of a watercourse other than necessary to complete the specified works. If such unapproved modification occurs, the Contractor shall restore the affected areas to their original profile;

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(viii) The Contractor shall preserve all riparian vegetation; (ix) The Contractor shall not pollute the watercourse through any construction activities.

Planning Borrow Pits and Quarries Where required, all borrow pits sites shall be clearly indicated on a plan and approved by the RE. (i) The Contractor will be responsible for ensuring that appropriate authorization to use the proposed borrows pits and quarries has been obtained before commencing activities; (ii) Borrow pits and quarries shall be located more than 20 meters from watercourses in a position that will facilitate the prevention of storm-water runoff from the site from entering the watercourse; (iii) The Contractor shall give 14 days‘ notice to nearby communities of his intention to begin excavation in the borrow pits or quarries; (iv) The Contractor shall prepare and implement borrow pit plans and borrow pit rehabilitation plans, which would minimize the risk of erosion.

Construction and Operation of New Borrow Pits and Quarries (i) Topsoil shall be stripped prior to removal of borrow and stockpiled on site. This soil shall be replaced on the disturbed once the operation of the borrow site or quarry is complete; (ii) Storm-water and groundwater controls shall be implemented to prevent runoff entering streams and the slumping of soil from hillside above; (iii) The use of borrow pits or quarries for material spoil sites may be approved by the RE (and/or with the appropriate consent of the ―landowner‖). Where this occurs, the materials spoiled in the borrow pit shall be profiled to fit into the surrounding landscape and covered with topsoil.

Blasting (i) If blasting is required, the Contractor will be responsible for obtaining a current and valid authorization from the Department of Mines and Geology prior to any blasting activity. A copy of this authorization shall be given to the RE; (ii) A qualified and registered blaster by the Department of Mines and Geology shall supervise all blasting and rock-splitting operations at all times; (iii) The Contractor shall ensure that appropriate pre blast monitoring records are in place (i.e. photographic and inspection records of structures in close proximity to the blast area); (iv) The Contractor shall ensure that emergency services are notified, in writing, a minimum of 24 hours prior to any blasting activities commencing on Site; (v) The Contractor shall take necessary precautions to prevent damage to special features and the general environment, which includes the removal of fly-rock. Environmental damage caused by blasting/drilling shall be repaired at the Contractor‘s expense to the satisfaction of the RE and the relevant authorities; (vi) The Contractor shall ensure that adequate warning is provided to the local communities immediately prior to all blasting. All signals shall also be clearly given; (vii) The Contractor shall use blast mats for cover material during blasting. Topsoil shall not be used as blast cover.

Asphalt, Bitumen and Paving The site of the asphalt plant shall be selected and maintained according to the following basic criteria: (i) The plant shall be situated on flat ground;

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(ii) Topsoil shall be removed prior to site establishment and stockpiled for later rehabilitation of the site; (iii) Bitumen drums / products shall be stored in an area approved by the RE. This area shall be indicated on the construction camp layout plan. The storage area shall have a smooth impermeable (concrete or thick plastic covered in gravel) floor. The floor shall be bunded and sloped towards a sump to contain any spillages of substances; (iv) The area shall be covered to prevent rainwater from contacting the areas containing fuels, oils, bitumen etc and potentially generating contaminated runoff; (v) The plant shall be secured from trespassers and animals through the provision of fencing and a lockable gate to the satisfaction of the RE; (vi) Well-trained staff shall be responsible for plant workings. (vii) Within the bitumen plant site, areas shall be demarcated/marked for plant materials, wastewater and contaminated water; (viii) An area should be clearly marked for vehicle access; (ix) Drums/tanks shall be safely and securely stored; (x) Materials requiring disposal shall be disposed of at an appropriate waste facility.

Cement/Concrete Batching

(i) Where required, a Concrete batching plant shall be located more than 20m from the nearest stream/river channel; (ii) Topsoil shall be removed from the batching plant site and stockpiled; (iii) Concrete shall not be mixed directly on the ground; (iv) The concrete batching works shall be kept neat and clean at all times; (v) Contaminated storm-water and wastewater runoff from the batching area and aggregate stockpiles shall not be permitted to enter streams but shall be led to a pit where the water can soak away; (vi) Unused cement bags are to be stored so as not to be effected by rain or runoff events; (vii) Used bags shall be stored and disposed of in a manner which prevents pollution of the surrounding environment (e.g. via windblown dust); (viii) Concrete transportation shall not result in spillage; (ix) Cleaning of equipment and flushing of mixers shall not result in pollution of the surrounding environment; (x) Suitable screening and containment shall be in place to prevent windblown contamination associated with any bulk cement silos, loading and batching; (xi) Waste concrete and cement sludge shall be scraped off the site of the batching plant and removed to an approved disposal site; (xii) All visible remains of excess concrete shall be physically removed on completion of the plaster or concrete and disposed at an approved disposal site. Washing the remains into the ground is not acceptable; (xiii) All excess aggregate and sand shall also be removed; (xiv) After closure of the batching plant or any area where concrete was mixed all waste concrete/cement sludge shall be removed together with contaminated soil. The surface shall then be ripped to a depth of 150mm and the topsoil replaced evenly over the site and re-grassed.

Air and dust emissions

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Air emissions from construction machinery, including dust, is regarded as a nuisance when it reduces visibility, soils private property, is aesthetically displeasing or affects palatability of grazing. Dust generated by construction related activities must be minimized. The Contractor shall be responsible for the control of air emissions and dust arising from his operations and activities. (i) Workers shall be trained on management of air pollution from vehicles and machinery. All construction machinery shall be maintained and serviced in accordance with the contractor‘s specifications; (ii) Asphalt plants and concrete batching plants shall be well sealed and equipped with a dust removal device; (iii) Workers shall be trained on dust minimization techniques; (iv) The removal of vegetation shall be avoided until such time as clearance is required and exposed surfaces shall be re-vegetated or stabilized as soon as practically possible; (v) The contractor shall not carry out dust generating activities (excavation, handling and transport of soils) during times of strong winds. The RE shall suspend earthworks operations wherever visible dust is affecting properties adjoining the road; (vi) Water sprays shall be used on all earthworks areas within 200 metres of human settlement. Water shall be applied whenever dust emissions (from vehicle movements or wind) are visible at the site in the opinion of the RE; (vii) Vehicles delivering soil materials shall be covered to reduce spills and windblown dust; (viii) Vehicle speeds shall be limited to minimize the generation of dust on site and on diversion and access roads; (ix) Any complaints received by the Contractor regarding dust will be recorded and communicated to the RE and ESO.

Disruption of Access to Property Disruption of access to property must be kept to a minimum at all times. Where such disruption is unavoidable, the Contractor shall advise the affected parties and the RE at least seven working days in advance of such disruption.

Spoil Sites Where the Contractor is required to spoil material, environmentally acceptable spoil sites must be identified and approved by the RE and EO, taking into consideration the following: (i) Preferably to be located on land already cleared wherever possible. Communities shall be involved in the site location to avoid destruction of any ritual site or any other conflict; (ii) The need to be more than 20 meters from watercourses and in a position that will facilitate the prevention of storm-water runoff from the site from entering the watercourse; (iii) The development and rehabilitation of spoil areas shall include the following activities: (iv) Stripping and stockpiling of topsoil; (v) Removal (to a nominal depth of 500mm) and stockpiling of subsoil; (vi) Placement of spoil material. (vii) Contouring of spoil site to approximate natural topography and drainage and/or reduce erosion impacts on the site; (viii) Placement of excavated subsoil and then topsoil over spoil material; (ix) Contouring and re-vegetation;

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(x) The Contractor shall ensure that the placement of spoil is done in such a manner to minimise the spread of materials and the impact on surrounding vegetation and that no materials ‗creep‘ into ‗no-go‘ areas.

Noise Control (i) The Contractor shall keep noise level within acceptable limits and construction activities shall, where possible, be confined to normal working hours in the residential areas; (ii) Schools, hospitals and other noise sensitive areas shall be notified by the Contractor at least 5 days before construction is due to commence in their vicinity. Any excessively noisy activity shall be conducted outside of school hours, where approved by the RE; (iii) Any complaints received by the Contractor regarding noise will be recorded and communicated to the RE; (iv) The Contractor must adhere to Noise Prevention and Control Rules of April 2005.

Storm-water Management and Erosion Control The Contractor shall take reasonable measures to control storm water and the erosive effects. During construction the Contractor shall protect areas susceptible to erosion by installing necessary temporary and permanent drainage works as soon as possible and by taking measures to prevent the surface water from being concentrated in drainage channels or streams and from scouring slopes, banks or other areas. Areas affected by construction related activities and/or susceptible to erosion must be monitored regularly for evidence of erosion, these include: (i) Areas stripped of topsoil; (ii) Soil stockpiles; (iii) Spoil sites; (iv) Borrow pits; (v) Sites for bridges and drainage structures. On any areas where the risk of erosion is evident, special measures may be necessary to stabilize the areas and prevent erosion. These may include, but not be limited to: (i) Confining construction activities; (ii) Using cut off drains; (iii) Using mechanical cover or packing structures such as geofabric to stabilize steep slopes or hessian, gabions and mattress and retaining walls; (iv) Mulch or chip cover; (v) Constructing anti-erosion berms; (vi) The erosion prevention measures must be implemented to the satisfaction of the RE; (vii) Where erosion does occur on any completed work/working areas, the Contractor shall reinstate such areas and areas damaged by the erosion at his own cost and to the satisfaction of the RE and ESO; (viii) The Contractor shall be liable for any damage to downstream property caused by the diversion of overland storm water flows.

Equipment Maintenance and Storage

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(i) All vehicles and equipment shall be kept in good working order, are serviced regularly and stored in an area approved by the RE; (ii) Leaking equipment shall be repaired immediately or removed from the site; (iii) All washing of equipment shall be undertaken in the workshop or maintenance areas which shall be equipped with suitable impermeable floor and sump/oil trap. The use of detergents for washing shall be restricted to low phosphate/nitrate-type detergents; (iv) Rivers and streams shall not be used for washing of equipment and vehicles.

Sanitation (i) The Contractor shall comply with all laws and any by-laws relating to public health and sanitation; (ii) All temporary/ portable toilets or pit latrines shall be secured to the ground to the satisfaction of the RE to prevent them from toppling over; (iii) The type and exact location of the toilets shall be approved by the RE prior to establishment. The use of septic tanks may only be used after appropriate investigations have been made and the option has been approved by the RE; (iv) All toilets shall be maintained by the Contractor in a clean sanitary condition to the satisfaction of the RE; (v) A wash basin with adequate clean water and soap shall be provided alongside each toilet. Staff shall be encouraged to wash their hands after use of the toilet, in order to minimise the spread of possible disease; (vi) The Contractor shall ensure that no spillage occurs when the toilets are cleaned or emptied and that the contents are removed from the site to an appropriate location/facility for disposal; (vii) The Contractor shall instruct their staff and sub-contractors that they must use toilets provided and not the bush or watercourses.

Solid Waste Management The site is to be kept clean, neat and tidy at all times. No burying or dumping of any waste materials, vegetation, litter or refuse shall be permitted. The Contractor must adhere to Environmental Management and Co-ordination (Waste Management) Regulations 2006. The Contractor shall implement measures to minimise waste and develop a waste management plan to include the following:- (i) All personnel shall be instructed to dispose of all waste in a proper manner; (ii) At all places of work the contractor shall provide litter collection facilities; (iii) The final disposal of the site waste shall be done at the location that shall be approved by the RE, after consultation with local administration and local leaders; (iv) The provision of sufficient bins (preferably vermin and weatherproof) at the camp and work sites to store the solid waste produced on a daily basis; (v) Wherever possible, materials used or generated by construction shall be recycled; (vi) Provision for responsible management of any hazardous waste generated during the construction works.

Wastewater and Contaminated Water Management (i) No grey water runoff or uncontrolled discharges from the site/working areas (including wash down areas) to adjacent watercourses and/or water bodies shall be permitted;

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(ii) Water containing such pollutants as cements, concrete, lime, chemicals and fuels shall be discharged into a conservancy tank for removal from site. This particularly applies to water emanating from concrete batching plants and concrete swills; (iii) The Contractor shall also prevent runoff loaded with sediment and other suspended materials from the site/working areas from discharging to adjacent watercourses and/or water bodies; (iv) Potential pollutants of any kind and in any form shall be kept, stored and used in such a manner that any escape can be contained and the water table not endangered; (v) Wash areas shall be placed and constructed in such a manner so as to ensure that the surrounding areas (including groundwater) are not polluted; (vi) The Contractor shall notify the RE of any pollution incidents on site. Workshops Where practical, all maintenance of equipment and vehicles on Site shall be performed in the workshop. (i) if it is necessary to do maintenance on site, but outside of the workshop area, the Contractor shall obtain the approval of the RE prior to commencing activities; (ii) The Contractor shall ensure that there is no contamination of the soil, vegetation or surface water in his workshop and other plant or emergency maintenance facilities. The workshop shall be kept tidy at all times and shall have the following as a minimum: (i) A smooth impermeable floor either constructed of concrete or suitable plastic covered with sufficient gravel to protect the plastic from damage; (ii) The floor shall be bunded and sloped towards an oil trap or sump to contain any spillages of substances (e.g. oil); (iii) Drip trays shall be used to collect the waste oil and lubricants during servicing and shall also be provided in construction areas for stationary plant (such as compressors); (iv) The drip trays shall be inspected and emptied daily; (v) Drip trays shall be closely monitored during wet weather to ensure that they do not overflow.

General Materials Handling, Use and Storage (i) All materials shall be stored within the Contractor‘s camp unless otherwise approved by the RE; (ii) Stockpile areas shall be approved by the RE; (iii) All imported fill, soil and/or sand materials shall be free of weeds, litter and contaminants. Sources of imported materials shall be listed and approved by the RE; (iv) The Contractor shall ensure that delivery drivers are informed of all procedures and restrictions (including ‗No go‘ areas) required; (v) Any electrical or petrol driven pumps shall be equipped and positioned so as not to cause any danger of ignition of the stored product; (vi) Collection containers (e.g. drip trays) shall be placed under all dispensing mechanisms for hydrocarbons or hazardous liquid substances to ensure contamination from any leaks is reduced; (vii) Regular checks shall be conducted by the Contractor on the dispensing mechanisms for all above ground storage tanks to ensure faulty equipment is identified and replaced in timely manner; (viii) Only empty and externally clean tanks may be stored on bare ground. All empty and externally dirty tanks shall be sealed and stored on an area where the ground has been protected.

Fuels, Oils, Hazardous Substances and other Liquid Pollutants (i) Hazardous materials shall not be stored within 2 kilometres of the top water level of public water supply reservoirs;

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(ii) Hazardous materials shall be stored above flood level and at least 20 metres from any watercourse; (iii) Areas for the storage of fuel and other flammable materials shall comply with standard fire safety regulations; (iv) Chemicals and fuel shall be stored in storage tanks within a secure compound. All chemicals and fuels shall be stored in accordance with manufacturer's instructions; (v) Storage areas or secondary containment shall be constructed of waterproof reinforced concrete or approved equivalent, which is not adversely affected by contact with chemicals captured within them; (vi) The minimum volume for secondary containment shall be 110% of the capacity of the largest tank system, plus 10% of the total capacity of all other separate tanks and containers within the bund wall with closed valves for controlled draining during rains; (vii) Pipe-work carrying product from the tank to facilities outside the containment shall be provided with secondary containment; (viii) Tank equipment such as dispensing hoses, valves, meters, pumps, and gauges shall be located within the containment or provided with own containment;

Health, Safety and Security General Health and Safety (i) The Contractor shall comply with all standard and legally required health and safety regulations as promulgated by Occupational Health and Safety Act and the Factories and Other Places of Work Regulations; (ii) The Contractor shall provide a standard first aid kit at the site office; (iii) The Contractor shall ensure that staff are made aware of the risks of contracting or spreading sexually transmitted diseases, particularly HIV/AIDS and how to prevent or minimise such risks; (iv) The Contractor shall be responsible for the protection of the public and public property from any dangers associated with construction activities, and for the safe and easy passage of pedestrians and traffic in areas affected by the construction activities; (v) All works which may pose a hazard to humans and domestic animals are to be protected, fenced, demarcated or cordoned off as instructed by the RE. If appropriate, symbolic warning signs must be erected; (vi) Speed limits appropriate to the vehicles driven are to be observed at all times on access and haul roads. Operators and drivers are to ensure that they limit their potential to endanger humans and animals at all times by observing strict safety precautions; (vii) No unauthorized firearms are permitted on site; (viii) The Contractor shall provide the appropriate Personal Protective Equipment for staff.

Security Security shall be provided to guard against vandalism when the site is unattended. This includes: (i) Fencing of the tank compound with locks or other adequate security controls at the site; (ii) Locks on unattended dispensing hoses; (iii) Appropriate training for the handling and use of fuels and hazardous material is to be provided by the Contractor as necessary. This includes providing spill response and contingency plans; (iv) Extreme care will be taken when transferring chemicals and fuels from storage vessels to equipment and machinery on an impervious sealed area which is kerbed and graded to prevent

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run-off. Chemical and fuel transfer areas shall drain away from the perimeter bund to a containment pit. The design shall provide for the safe and efficient movement of vehicles; (v) All chemicals stored within the bunded areas shall be clearly labelled detailing the nature and quantity of chemicals within individual containers; (vi) Any chemical or fuel spills shall be cleaned up immediately. The spilt liquid and clean-up material shall be removed, treated and transported to an appropriate site licensed for its disposal; (vii) Storm water shall be diverted away from the fuel handling and storage areas. An oil water interceptor shall be provided to treat any rainwater from fuel storage and handling areas.

HIV/AIDS The implementing agency for HIV/AIDS campaign shall monitor activities regularly to assess effectiveness and impact. This should include an initial, interim and final assessment of basic knowledge, attitude and practices taking account of existing data sources and recognizing the limitations due to the short timeframe to show behavior change. The assessment will be supported by qualitative information from focus group discussions.

Fire Prevention and Control (i) The Contractor shall take all reasonable and precautionary steps to ensure that fires are not started as a consequence of his activities on site; (ii) The Contractor shall ensure that there is basic fire-fighting equipment available on site; (iii) The Contractor shall supply all living quarters, site offices, kitchen areas, workshop areas, materials, stores and any other areas identified by the RE with tested and approved fire fighting equipment; (iv) Flammable materials should be stored under conditions that will limit the potential for ignition and the spread of fires; (v) ‗Hot‘ work activities shall be restricted to a site approved by the RE; Smoking shall not be permitted in those areas where there is a fire hazard. These areas shall include: (i) Workshop; (ii) Fuel storage areas; (iii) Any areas(e.g. park/forest areas) where vegetation or other material is such as to make liable the rapid spread of an initial flame; The Contractor shall ensure that all site personnel are aware of the fire risks and how to deal with any fires that occur. This shall include, but not be limited to: (i) Regular fire prevention talks and drills; (ii) Posting of regular reminders to staff; (iii) Any fires that occur shall be reported to the RE immediately and then to the relevant authorities; (iv) In the event of a fire, the Contractor shall immediately employ such plant and personnel as is at his disposal and take all necessary action to prevent the spread of the fire and bring the fire under control; (v) Costs incurred through fire damage will be the responsibility of the Contractor, should the Contractor‘s staff be proven responsible for such a fire.

Emergency Procedures The Contractor shall submit Method Statements covering the procedures for the main activities which could generate emergency situations through accidents or neglect of responsibilities. These situations include, but are not limited to: 145

(i) Accidents at the work place; (ii) Accidental fires; (iii) Accidental leaks and spillages; (iv) Vehicle and plant accidents; Specific to accidental leaks and spillages: (i) The Contractor shall ensure that his employees are aware of the procedure for dealing with spills and leaks; (ii) The Contractor shall also ensure that the necessary materials and equipment for dealing with the spills and leaks is available on site at all times;

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APPENDIX 7: ENVIRONMENTAL AND SOCIAL SCREENING CHECKLIST

Table 5.1: Project/Site Screening Worksheet: Nairobi- Soweto and KCC settlements

Criteria Yes/No Comments Other GoK/ Recommended scale of WB Policies Environmental applicable Assessment Part A: Triggers to EMCA Applicability of Second Yes Applies OP 4.01 Project Level Schedule of EMCA to any structure of a scale not keeping with its surroundi ng. EIA is also necessary for impacts due to the proposed developme nt in KCC due to unforesee n impacts from the project Part B: Details of Site Yes/No Descripti GoK/ WB Proposed mitigations location on Policies or enhancements applicable  Is the site or proposed If yes, The site N/A N/A investment a protected or provide is an reserved site Provide distance existing proximity in kms settlemen  Biosphere Reserve t scheme  National park establish  Wildlife / Bird Sanctuary ed by the  Wetland goverment

 Important Bird Areas  Coastal area with corals  Mangrove areas (or Estuary with, mangroves)  Natural lakes No  Habitat of migratory birds (outside protected areas)  Migratory Route of Wild

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Criteria Yes/No Comments Other GoK/ Recommended scale of WB Policies Environmental applicable Assessment Animals/Birds  Area with threatened/ rare/endangered fauna (outside protected areas)  Area with threatened/rare/ endangered flora (outside protected areas)  Reserved/Protected Forest  Zoological Park /Botanical Garden  Are there vulnerable or No No N/A N/A endangered species existing (terrestrial or aquatic) in natural the area? habitats due to human settlemen t  Are there natural habitats Yes River National - Provide a proper in the site? Or in its Mathare Policy on means for sanitary proximity which is Water and waste water highly Resources disposal polluted Management - Cease any form of is in the and pollution from proximity Development domestic sources of Soweto ,EMCA - Adhere to provison settlemen 1999,Water of EMCA, 1999 and t Act 2002 the Water Act, 2002

OP 4.01

OP 4.04 EMCA, 1999, Water Quality Regulations  If there are natural Yes The River National EIA at project level habitats, are they fragile, Mathare Policy on unique, and limited in is highly Water size? Are these world polluted, Resources heritage / Ramsar sites unique in Management the sense and it’s Development natural ,EMCA water 1999,Water body Act 2002 traversin g the OP 4.01, OP city. It 4.04 is not a EMCA, 1999, World Water heritage/ Quality ramsar Regulations site  Are there wetlands, areas No There are Water Act of saturated soils no 2002, EMCA,

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Criteria Yes/No Comments Other GoK/ Recommended scale of WB Policies Environmental applicable Assessment (permanent or temporary), existing 1999, or evidence of pending wetlands Wetland (cracks, high clay content Policy in soils, dead vegetation, water marks)?  Is the site already Yes There is EMCA Water EIA at Project Level degraded (low groundwater, evidence Quality poor soil quality)? of soil Regulations contamina 2006, Water tion of Act soil and 2002,Public erosion Health Act, in some Agriculture sections Act  Are there steep slopes in Yes Soweto EMCA, 1999; EIA at Project Level the proximity of the settlemen Water Act, investment site? t slopes 2002; towards the river mathare, River Bank Village lies in the lower end of the settlment bodering the river. There is ongoing sedimenta tion of river mathare due to erosion  Do people live on the Yes Soweto Physical EIA at Project Level proposed site? Settlemen Planning t is Act, Local densely Authorities populated Act with an estimated populatio n of 10,000 inhabitan ts, KCC though not densely populated has an

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Criteria Yes/No Comments Other GoK/ Recommended scale of WB Policies Environmental applicable Assessment estimated 10,000 inhabitan ts  List existing land uses Yes Settlemen EIA project level (ranching, farming)? t, commercia l and residenti al  Is there existing site Yes But Physical Project Level access (roads)? Soweto Planning settlemen Act, Local t has Authorities been Act encroache d not the case in KCC settlemen t  Is the site vulnerable to No natural hazards (in floodplain, near volcano, on seismic fault, near coastline in hurricane zone)?  Are there land title Yes Soweto The conflicts? Settlemen Registratio EIA Project t has n of titles Level various Act, Land land Policy related disputes some before the courts. The disputes common in Patanisho over land ownership and illegal land grabbing, in some cases double allocatio n of plots KCC settlemen

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Criteria Yes/No Comments Other GoK/ Recommended scale of WB Policies Environmental applicable Assessment ts have clear ownership  Are there known No None in archaeological, historical the area or other cultural property? Are any of these world heritage/ UNESCO designated etc  Do indigenous peoples live No on or near the site? Part C: Analysis of likely physical Impacts (i) Scope of proposed activities Will the investment generate Yes Construct EMCA, Waste EIA Project Level an increase in solid wastes or ion phase Management machine wastes (oil, etc)? will Regulations generate of significa 2006,Public nt Health Act quantitie s of wastes (ii) Water Resource Impacts Could the investment result in Yes Potential Water Act, EIA project level a modification of groundwater for 2002; EMCA, levels by altering flows, alteratio 1999; paving surfaces or increasing n of water extraction? local hydrology due to creation of imperviou s surfaces. Could it affect groundwater Yes Contamina Water EIA Project level quality? ted waste Act,2002; water EMCA, 1999 could affect the quality of ground water Could it affect quality Yes Sections Water EIA Project Level (through sediment, wastewater, of Soweto Resources storm discharge or solid settlemen Management waste) of nearby surface t slope Regulations waters (lake, rivers, and towards , EMCA streams)? Mathare Water River and Quality exposed Regulations soil , Solid could be Waste washed to Management the Regulations

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Criteria Yes/No Comments Other GoK/ Recommended scale of WB Policies Environmental applicable Assessment already polluted river Will it affect water quantity Yes If wastes Water Act, EIA project level in nearby water bodies (lake, are not 2002; EMCA, river, and stream)? handled 1999 Water properly, Quality or soil Regulations exposed , Solid to Waste erosive Management forces; Regulations it will , Wetlands, end up in Rivers, and the Lake shores nearby regulations river. , EIA/EA regulations OP 4.04 Are there nearby potable water No sources that need to be protected? (iii) Ecosystem Impacts Could the investment affect No The Water Act, natural habitats or areas of impacts 2002; EMCA, high ecological value? will be 1999 Water mostly Quality confined Regulations to the , Solid settlemen Waste ts with Management less or Regulations insignifi , Wetlands, cant Rivers, and impacts Lake shores on regulations natural , EIA/EA habitats regulations OP 4.04 Could it affect natural Yes The Water Act, EIA at project level characteristics of adjacent or investmen 2002; EMCA, nearby sites? t will be 1999 Water a relief Quality to the Regulations Mathare , Solid River Waste ecosystem Management . Regulations Domestic , Wetlands, sewer Rivers, and from Lake shores Soweto regulations settlemen , EIA/EA t will regulations nolonger OP 4.04 be

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Criteria Yes/No Comments Other GoK/ Recommended scale of WB Policies Environmental applicable Assessment discharge d into the river Could it affect wildlife or No natural vegetation? (iv) Drainage Impacts Will the investment in storm No water drainage affect existing drainage patterns? Will it cause standing water, No which could cause public health risks? Will erosion result in Yes In Soweto Quality Project Level sediment discharge to nearby settlemen Regulations water bodies? t with a , Solid nearby Waste Mathare Management River, Regulations erosion could result in sediment discharge Will surface drainage patterns Yes The EMCA, 1999, - EIA project level be affected in borrow pits and resulting Water - The borrow pits quarries? borrow Quality and quarries will be pit and Regulations rehabilitated to quarries - 2006, required standards hold Wetlands, water Rivers, and thus Lake shores hindering regulations drainage flow pattern Will infiltration patterns be Yes Compactio EMCA, 1999, EIA project level affected? n of soil Water and Quality imperviou Regulations s - 2006, surfaces Wetlands, that will Rivers, and be Lake shores created regulations will hinder water from infiltrat ing to the ground Socio-economic impacts Will the project entail Yes The OP 4.12; - Prepare and EIA resettlement of population? encroachm EMCA, 1999 study level ents of EIA/EA

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Criteria Yes/No Comments Other GoK/ Recommended scale of WB Policies Environmental applicable Assessment some Regulations access corridors , reserves for sewer lines and water in Soweto settlemen t will require the relocatio n Will the project affect No indigenous peoples? Will it limit access to No natural resources to local populations? Will it have an impact on land Yes The Physical - EIA project level use? project Planning could Act, 1996; trigger The Land further Acquisition developme Act CAP nt on the 295; land in Registratio the n OF Titles project Act CAP are 281, The Land Policy Will it induce further Yes The Physical -EIA Project Level encroachment of nearby areas? project Planning may Act, 1996; induce The Land further Acquisition encroachm Act CAP ent of 295; nearby Registratio areas due n OF Titles to the Act CAP possibili 281, The ty of an Land Policy influx of immigrant workers seeking jobs due to the project Will it cause any health Yes Construct Public EIA Project Level impacts? ion Health related Act,EMCA dust regulations could on waste

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Criteria Yes/No Comments Other GoK/ Recommended scale of WB Policies Environmental applicable Assessment affect management air and air quality, quality, solid OSHA waste regulations disposal could provide healthy ground for disease causing pathogens Will it disturb nearby No The EIA Project Level communities during disturban construction? ce will be localized and short- term Could cultural resources be No affected? Could it affect nearby Yes Noise, EMCA, OSHA EIA Project Level properties? vibration , Traffic build up, dust and influx of workers during construct ion could affect nearby propertie s

Part D Analysis of Resettlement Impacts Criteria Yes No Remarks/identified problems Acquisition of private land? No Alienation of any type of Yes This could be possible government land including that because most undeveloped land owned by urban local body? in the area belongs to the government Clearance of encroachment from No There are no encroachments to government/ urban local body land? either of the land, the process of legitimizing the occupancy is on-going Clearance of squatting from No There are no squatters Government/Urban local body? Number of structures, both Yes Sections of access roads have authorized and/or unauthorized to been encroached and would be acquired/cleared? need to be cleared Not less than 100 in Soweto

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Settlement Number of household to be Yes Less than 100 displaced? Details of village common None properties to be alienated, Pasture land(acres)cremation /burial ground and others specify? Describe existing land uses on and Yess Quarrying, Agriculture, around the project area( e.g Private property, settlement Community facilities, agriculture, tourism, private property)? Will the project result in No Priority will be given to the construction of workers or other local community for skill and people moving into or having access unskilled jobs to the area ( for a long period and in large numbers compared to permanent residents) ? Are financial compensation measures Yes In Soweto Settlement where expected to be needed? some structures built on reserves for sewer line will be removed. Those in the reserves claim to have been authorized by the CCN Loss of Crops, fruit, household infrastructure and livelihood Criteria Yes No Remarks/identified problems Will the project result in the permanent or temporary loss of  Crops? No  Fruit trees/coconut palms? No Specify with numbers  Household infrastructure? Yes Some encroachments have been Specify with numbers observed, Less than 100  Loss of agriculture land? No specify with numbers Occupational health and safety, welfare , employment and gender Criteria Yes No Remarks/identified problems Is the project likely to provide Yes Direct and indirect local employment opportunities, employment opportunities will including employment opportunities be available for women for women? Is the project being planned with Yes All stakeholders have been sufficient attention to local involved in the poverty alleviation objectives? design/planning stages of the project. Poverty reduction policies set by the government have largely informed the project Is the project being designed with Yes Women have a stake in the sufficient local participation of community and other women in the planning design and committees planning for the implementation process? project Historical, Archaeological, or cultural Heritage sites Criteria Yes No Remarks/identified problems Based on available sources, consultation with local Authorities, local knowledge and/ or observation could the project alter? Historical heritage site(s) or None require excavation near the same?

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Archaeological heritage site(s) None or require excavation near the same? Cultural heritage site(s) or None require excavation near the same Graves or sacred locations or None require excavation near the same? Part D (i) : Result/Outcome of Environmental/ Social and Resettlement Screening Exercise No Environment Impact Assessment Required Environment Impact Assessment Required Yes, required at Project Level OP4.12 category ( S1, S2, S3) Triggered S2 RAP category required Abbreviated RAP Any special conditions Part E : Authorisation Signature...... Screening undertaken by : ......

Designation...... Date...... Approved by: Signature......

Date...... Designation...... PMU Confirmation by: Signature...... Designation...... Date......

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APPENDIX 8: CHANCE FIND PROCEDURES

Chance finds procedures should be incorporated into each sub-project ESMP and civil works contracts. The following wording is proposed: If the Contractor discovers archeological sites, historical sites, remains and objects, including graveyards and/or individual graves during excavation or construction, the Contractor shall:

- Stop the construction activities in the area of the chance find; - Delineate the discovered site or area; - Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be arranged until the responsible local authorities or the Ministry of State for National Heritage and Culture take over; - Notify the supervisory Project Environmental Officer and Project Engineer who in turn will notify the responsible local authorities and the Ministry of State for National Heritage and Culture immediately (within 24 hours or less);

Responsible local authorities and the Ministry of State for National Heritage and Culture would then be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed by the archaeologists of the National Museums of Kenya. The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage, namely the aesthetic, historic, scientific or research, social and economic values.

Decisions on how to handle the finding shall be taken by the responsible authorities and the Ministry of State for National Heritage and Culture. This could include changes in the layout (such as when finding irremovable remains of cultural or archaeological importance) conservation, preservation, restoration and salvage.

Implementation for the authority decision concerning the management of the finding shall be communicated in writing by relevant local authorities.

-Construction work may resume only after permission is given from the responsible local authorities or the Ministry of State for National Heritage and Culture concerning safeguard of the heritage

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