Consultancy Services for Feasibility Study, Environmental And Social Impact Study, Preliminary and Detailed Engineering Design of Dualling of A9 Within Meru Town. Contract No: KeNHA/CS/HPD/2559/2018

ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT STUDY REPORT AUGUST 2020 Director (Highway Planning & Design) Runji Consulting Group National Highways Authority, Engineering & Project Management Barabara Plaza, Airport North Road, Opposite KCAA. P. O. Box 68053, P.O Box 49712-00100 , Kenya Nairobi Email: [email protected] Website: www.runji.co.ke Feasibility Study, Environmental And Social Impact Study, Preliminary and Detailed Engineering Design of Dualling of A9 Within Meru Town

Authentication

KENYA NATIONAL HIGHWAYS AUTHORITY (KeNHA) I certify that this Environmental and Social Impact Assessment (ESIA) Study Report for the Meru A9 Dualling within Meru Town Project was conducted under my direction only.

Signature ………………………………………… Date………………………… Name …………………………………………….. Designation ……………………………………… Address ………………………………………….. Telephone ……………………………………….. Email …………………………………………….. Official Stamp ……………………………………

RUNJI CONSULTING GROUP LTD I certify that this Environmental and Social Impact Assessment (ESIA) Study Report for the Meru A9 Dualling within Meru Town Project was conducted under my direction and that I have reviewed and approved the report. I hereby certify that the particulars given in this report are correct and true to the best of my knowledge.

Signature …………………………………………….. Date…………………………

Name: DR. PATRISIO NJIRU NJERU (EIA EXPERT Reg. No. 3030)

Designation: PROJECT ENVIRONMENTALIST

Address: P.O BOX 68053-00200, NAIROBI

Telephone: (020) 271 7213/4, 271 3066; Cell: +254 722 751 889, 733 677 627

Email: [email protected]

Official Stamp …………………………………….

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Feasibility Study, Environmental And Social Impact Study, Preliminary and Detailed Engineering Design of Dualling of A9 Within Meru Town

Table•of•Contents• Authentication ...... ii LIST OF TABLES ...... ix LIST OF FIGURES ...... x LIST OF PLATES ...... x ACRONYMS AND ABBREVIATIONS ...... xi AUTHENTICATION PAGE ...... xiii EXECUTIVE SUMMARY ...... xiv 1. CHAPTER 1 INTRODUCTION ...... 1 1.1. INTRODUCTION ...... 1

1.2. DEVELOPER IDENTIFICATION ...... 1

1.3. BRIEF REGIONAL DESCRIPTION ...... 1

1.4. PROJECT BACKGROUND , OVERVIEW , JUSTIFICATION AND OBJECTIVES ...... 2

1.4.1. PROJECT BACKGROUND ...... 2

1.4.2. OVERVIEW OF THE PROJECT ...... 2

1.4.3. PROJECT PURPOSE AND OBJECTIVES ...... 3

1.4.4. PROJECT JUSTIFICATION /R ATIONALE ...... 3

1.5. PURPOSE OF ESIA ...... 4

1.6. OBJECTIVES OF ESIA ...... 4

1.7. TERMS OF REFERENCE ...... 4

1.8. STRUCTURE OF REPORT ...... 6 2. CHAPTER 2 - PROJECT DESCRIPTION ...... 7 2.1. INTRODUCTION ...... 7

2.2. PROJECT LOCATION ...... 7

2.3. TRAFFIC SURVEYS ...... 8

2.4. UTILITIES SURVEY ...... 10

2.5. CHALLENGES AND GENERAL OBSERVATIONS ...... 10

2.6. MATERIAL SURVEY ...... 14

2.6.1. GRAVEL SOURCES ...... 14

2.6.2. HARD STONE SOURCES ...... 15

2.6.3. SAND SOURCES ...... 15

2.6.4. WATER SOURCES ...... 15

2.7. OVERVIEW OF ROAD CONSTRUCTION ...... 16

2.7.1. PROJECT CONSTRUCTION PHASE ACTIVITIES ...... 16

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Table of Contents Authentication ...... ii LIST OF TABLES ...... ix LIST OF FIGURES ...... x LIST OF PLATES ...... x ACRONYMS AND ABBREVIATIONS ...... xi AUTHENTICATION PAGE ...... xiii EXECUTIVE SUMMARY ...... xiv 1. CHAPTER 1 INTRODUCTION ...... 1

1.1. INTRODUCTION ...... 1

1.2. DEVELOPER IDENTIFICATION ...... 1

1.3. BRIEF REGIONAL DESCRIPTION ...... 1

1.4. PROJECT BACKGROUND , OVERVIEW , JUSTIFICATION AND OBJECTIVES ...... 2

1.4.1. PROJECT BACKGROUND ...... 2

1.4.2. OVERVIEW OF THE PROJECT ...... 2

1.4.3. PROJECT PURPOSE AND OBJECTIVES ...... 3

1.4.4. PROJECT JUSTIFICATION /R ATIONALE ...... 3

1.5. PURPOSE OF ESIA ...... 4

1.6. OBJECTIVES OF ESIA ...... 4

1.7. TERMS OF REFERENCE ...... 4

1.8. STRUCTURE OF REPORT ...... 6 2. CHAPTER 2 - PROJECT DESCRIPTION ...... 7

2.1. INTRODUCTION ...... 7

2.2. PROJECT LOCATION ...... 7

2.3. TRAFFIC SURVEYS ...... 8

2.4. UTILITIES SURVEY ...... 10

2.5. CHALLENGES AND GENERAL OBSERVATIONS ...... 10

2.6. MATERIAL SURVEY ...... 14

2.6.1. GRAVEL SOURCES ...... 14

2.6.2. HARD STONE SOURCES ...... 15

2.6.3. SAND SOURCES ...... 15

2.6.4. WATER SOURCES ...... 15

2.7. OVERVIEW OF ROAD CONSTRUCTION ...... 16

2.7.1. PROJECT CONSTRUCTION PHASE ACTIVITIES ...... 16

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2.7.2. CONSTRUCTION PHASE ...... 16

2.7.3. PROJECT COMMISSIONING , OPERATION AND MAINTENANCE ...... 17

2.7.4. DECOMMISSIONING PHASE ...... 18

2.7.5. WASTE MANAGEMENT ...... 18 3. ENVIRONEMTAL AND SOCIAL IMPACT ASSESSMENT METHODOLOGY ...... 21

3.1. APPROACH TAKEN IN THE ESIA ...... 21

3.2. COLLECTION OF BASELINE DATA ...... 21

3.2.1. OVERVIEW OF METHODS ...... 21

3.2.2. PHYSIOGRAPHY AND GEOLOGY ...... 23

3.2.3. SOILS ...... 23

3.2.4. CLIMATE ...... 23

3.2.5. AIR QUALITY ...... 23

3.2.6. SURFACE AND GROUNDWATER RESOURCES / WATER QUALITY ...... 25

3.2.7. TERRESTRIAL / AQUATIC ENVIRONMENT ...... 25

3.2.8. LAND RESOURCES ...... 26

3.2.9. VISUAL AESTHETICS ...... 26

3.2.10. NOISE AND VIBRATIONS ...... 27

3.2.11. SOLID AND LIQUID WASTES ...... 28

3.2.12. PUBLIC CONSULTATIONS AND SOCIO -ECONOMICS ...... 28

3.2.13. HEALTH AND PUBLIC SAFETY ...... 31

3.2.14. KEY INFORMANT INTERVIEWS ...... 32

3.3. DEVELOPMENT OF THE ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN ...... 34 4. CHAPTER 4 - POLICY, LEGAL AND REGULATORY FRAMEWROK ...... 36

4.1. THE POLICY FRAMEWORK ...... 36

4.1.1. THE CONSTITUTION OF KENYA 2010 ...... 36

4.1.2. ENVIRONMENT AND DEVELOPMENT POLICY (S ESSIONAL PAPER NO. 6 OF EMCA CAP 387). 37

4.1.3. THE NATIONAL POVERTY ERADICATION PLAN (NPEP)...... 37

4.1.4. SUSTAINABLE DEVELOPMENT GOALS (SDG’ S)...... 38

4.2. KENYA LEGISLATION AND REGULATIONS ...... 38

4.2.1. ENVIRONMENTAL MANAGEMENT AND COORDINATION ACT , CAP 387...... 38

4.2.2. EMCA (E NVIRONMENTAL IMPACT ASSESSMENT AND AUDIT ) REGULATIONS , 2003. . 39

4.2.3. EMCA (W ATER QUALITY ) REGULATIONS , 2006...... 39

4.2.4. EMCA (W ASTE MANAGEMENT ) REGULATION , 2006...... 40

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4.2.5. EMCA (N OISE AND EXCESSIVE VIBRATION POLLUTION CONTROL ) REGULATIONS , 2009. 41

4.2.6. EMCA (A IR QUALITY ) REGULATIONS , 2013...... 41

4.2.7. OCCUPATIONAL HEALTH AND SAFETY ACT , 2007 CAP 514...... 42

4.2.8. EMCA (C ONTROLLED SUBSTANCES ) REGULATIONS , 2007...... 42

4.2.9. EMCA (C ONSERVATION OF BIOLOGICAL DIVERSITY AND RESOURCES , ACCESS TO GENETIC RESOURCES AND BENEFIT SHARING ) REGULATIONS , 2006...... 43

4.2.10. THE PENAL CODE CAP 63...... 43

4.2.11. THE WATER ACT , 2016...... 43

4.2.12. PUBLIC HEALTH ACT CAP 242...... 44

4.2.13. THE KENYA ROADS ACT , 2007...... 45

4.2.14. THE NATIONAL LAND COMMISSION ACT , 2012 (N O. 5 OF 2012)...... 45

4.2.15. TRAFFIC ACT , CHAPTER 403...... 46

4.2.16. PUBLIC ROADS AND ROADS OF ACCESS ACT (C AP . 399)...... 46

4.2.17. WORK INJURY COMPENSATION BENEFIT ACT 2007...... 46

4.2.18. SEXUAL OFFENCES ACT NO. 3 OF 2006...... 47

4.2.19. THE VALUERS ACT CAP 532...... 48

4.2.20. THE EMPLOYMENT ACT , 2007...... 48

4.2.21. FOREST ACT , CAP 385...... 48

4.2.22. THE WAYLEAVE ACT ...... 48

4.2.23. THE KENYA ROADS ACT – (C AP 399) NO. 2, 2007...... 49

4.2.24. THE LANDS ACT , 2012...... 49

4.2.25. THE LAND REGISTRATION ACT , NO.5 OF 2012...... 50

4.2.26. NATIONAL ENVIRONMENTAL MANAGEMENT AUTHORITY (NEMA)...... 50

4.2.27. THE STANDARDS AND ENFORCEMENT REVIEW COMMITTEE ...... 50

4.2.28. NATIONAL ENVIRONMENTAL TRIBUNAL (NET)...... 51

4.2.29. THE KENYA NATIONAL HIGHWAY AUTHORITY (K ENHA)...... 51

4.3. INTERNATIONL BEST PRACTICES, STANDARDS AND CONVENTIONS ...... 52

4.4. NATIONAL ENVIRONMENT AND MANAGEMENT AUHORITY CAP 387 AND ASSOCAITED REGULATIONS ...... 53

4.4.1. NATIONAL ENVIRONMENTAL MANAGEMENT AUTHORITY (NEMA)...... 53

4.4.2. THE STANDARDS AND ENFORCEMENT REVIEW COMMITTEE ...... 54

4.4.3. NATIONAL ENVIRONMENTAL TRIBUNAL (NET)...... 54

4.4.4. THE KENYA NATIONAL HIGHWAY AUTHORITY (K ENHA)...... 54

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4.5. INTERNATIONL BEST PRACTICES, STANDARDS AND CONVENTIONS ...... 55 5. CHAPTER 5 - BASELINE ENVIRONMENTAL AND SOCIAL PARAMETERS ...... 58 5.1. INTRODUCTION ...... 58

5.1.1. LAYOUT OF THE CHAPTER ...... 58

5.1.2. GEOGRAPHICAL ASPECTS AND BOUNDARIES ...... 58

5.1.3. ADMINISTRATIVE AND POLITICAL UNITS ...... 59

5.1.4. COMMUNICATIONS AND TRANSPORT ...... 61

5.1.5. GOVERNMENTAL , NON -GOVERNMENTAL AND COMMUNITY BASED ORGANIZATIONS 63

5.2. ENVIRONMENTAL BASELINE SURVEY ...... 64

5.2.1. PHYSIOGRAPHY AND GEOLOGY ...... 64

5.2.2. SOILS ...... 65

5.2.3. CLIMATE ...... 65

5.2.4. AIR QUALITY ...... 65

5.2.5. SURFACE AND GROUNDWATER RESOURCES ...... 66

5.2.6. WATER QUALITY ...... 66

5.2.7. TERRESTRIAL /AQUATIC ENVIRONMENT : FAUNA AND FLORA ...... 66

5.2.8. LAND RESOURCES AND PARKS ...... 67

5.2.9. ARCHAEOLOGICAL , HISTORICAL AND CULTURAL SITES ...... 67

5.2.10. VISUAL AESTHETICS ...... 67

5.2.11. NOISE AND VIBRATIONS ...... 68

5.2.12. SOLID AND LIQUID WASTES ...... 68

5.3. ENVIRONMENT-RELATED SOCIAL AND ECONOMIC BASELINE ...... 68

5.3.1. SOCIAL CHARACTERISTICS ...... 68

5.3.2. ECONOMIC SETTINGS ...... 83

5.3.3. HEALTH SETTINGS ...... 85

5.3.4. SECURITY AND PUBLIC SAFETY ...... 90

5.3.5. COMMUNITY VIEWS AND CONCERNS ...... 90

5.3.6. CORPORATE SOCIAL RESPONSIBILITY ...... 95 6. CHAPTER 6 - ANALYSIS OF PROJECT ALTERNATIVES ...... 96

6.1. DESIGN ALTERNATIVES ...... 96

6.2. RE-ROUTING ALTERNATIVE ...... 97

6.3. SOLID WASTE MANAGEMENT ALTERNATIVES ...... 100 7. CHAPTER 7 - ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT...... 101

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7.1. INTRODUCTION ...... 101

7.2. PROJECT ENVIRONMENTAL AND SOCIAL POTENTIAL IMPACTS ...... 102 i. 7.2.1 Positive impacts (Environmental, social and economic) ...... 102

7.2.1. NEGATIVE IMPACTS AND MITIGATION MEASURES ...... 104 7.2.2.1 Physiography and Geology ...... 104 7.2.2.2 Soils ...... 105 7.2.2.3 Climate ...... 106 7.2.2.4 Air Quality ...... 107 7.2.2.5 Surface and Groundwater Resources ...... 109 7.2.2.6 Terrestrial/ Aquatic Environment: Flora and Fauna ...... 110 7.2.2.7 Land Resources ...... 111 7.2.2.8 Archaeological, Historical and Cultural Sites ...... 112 7.2.2.9 Visual Aesthetics ...... 113 7.2.2.11 Solid and Liquid Wastes ...... 115 7.2.2.12 Social Characteristics ...... 117 7.2.2.13 Economic Settings ...... 118 7.2.2.14 Health Settings ...... 119 7.2.2.15 Security and Public Safety ...... 121 7.2.2.16 Community Views and Concerns/Public Consultation ...... 122 7.2.2.17 Corporate Social Responsibility (CSR) ...... 124 8. CHAPTER 8 - ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN ...... 127

8.1. INTRODUCTION ...... 127

8.2. OBJECTIVES OF THE ESMP ...... 127

8.3. APPLICABLE LEGISLATION AND REGULATIONS ...... 128

8.4. KENHA ENVIRONMENTAL POLICIES AND PROCEDURES ...... 128

8.5. ROLES , RESPONSIBILITIES AND TRAINING ...... 131

8.5.1. KENHA; ...... 131

8.5.2. MINISTRY OF TRANSPORT AND TRAFFIC POLICE ; ...... 131

8.5.3. NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY ; ...... 132

8.5.4. RESIDENT ENGINEER ...... 132

8.5.5. LOCAL AUTHORITIES ...... 133

8.5.6. COMMUNITY LIAISON COMMITTEES ...... 134

8.5.7. CONTRACTOR ...... 134

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8.5.8. CAPACITY BUILDING AND TRAINING ...... 134

8.6. COMMUNICATION WITH STAKEHOLDERS AND GRIEVANCE REDRESS MECHANISM . 135

8.7. AUDITING AND MONITORING ...... 135

8.8. ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) FOR THE PROJECT 136

8.8.1. STAGES IN ESMP...... 136

8.9. GENERAL EHS PLANS REQUIREMENTS IN CONSTRUCTION PROJECTS ...... 162

8.10. OCCUPATIONAL HEALTH AND SAFETY PLAN ...... 162

8.10.1. VEHICLE /T RAFFIC MANAGEMENT PLAN ...... 166

8.10.2. WASTE MANAGEMENT PLAN ...... 169

8.10.3. CAMP DESIGN /I NSTALLATION PLAN ...... 170

8.10.4. AUXILIARY PLANTS ...... 170

8.10.5. SPILLS PREVENTION AND RESPONSE PLAN ...... 170

8.10.6. EMERGENCY RESPONSE PLANS (ERP) ...... 173

8.10.7. ENVIRONMENTAL AWARENESS PLAN ...... 176

8.10.8. DECOMMISSIONING PLANS FOR THE CAMPS AND OTHER INSTALLATIONS ...... 178 9. CHAPTER 9: CLIMATE CHANGE AND GREENHOUSE GAS EMISSIONS ...... 179 9.1. INTRODUCTION ...... 179

9.2. CURRENT STATE IN ...... 180

9.3. ADAPTATION MEASURES ...... 181

9.4. MITIGATION MEASURES ...... 183 10. CHAPTER 10 : CONCLUSIONS AND RECOMMENDATIONS ...... 185

10.1. CONCLUSION ...... 185

10.2. RECOMMENDATIONS ...... 185

10.3. CORRECTIVE MEASURES ...... 187 REFERENCES ...... 189 APPENDICES ...... 191

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LIST OF TABLES Table 2-1: Homogenous Traffic Sections …………………………………………………………………………………… 9

Table 3-1: Sources of data …………………………………………………………………………………………………………… 22

Table 3-2: Details of Public Participation Meetings, Venues and Dates ………………………………… 29

Table 3-3: List of Key Stakeholders ………………………………………………………………………………………….. 32

Table 5-1: Area by Sub-county and Wards ……………………………………………………………………………… 59

Table 5-2: County’s Electoral Wards by Constituency …………………………………………………………… 60

Table 5-3: List of Key Development Partners ………………………………………………………………………….. 63

Table 5-4: Population Projections by Age Cohort …………………………………………………………………… 70

Table 5-5: Population Projections by Urban Centres ……………………………………………………………… 72

Table 5-6: Population distribution and density by Sub-county …………………………………………….. 73

Table 5-7: Population Projection by Special Age Groups ……………………………………………………… 75

Table 5-8: Demographic Dividend Potential …………………………………………………………………………… 79

Table 5-9: Technical, Vocational Education and Training by nature, instructors and enrolment ….. 82

Table 5-10: Health Facilities by Sub Counties ……………………………………………………………………….. 85

Table 5-11:Health Care Cadres of Staff and Distribution in Meru County …………………………. 86

Table 5-12: General views of the people in regard to the Proposed Road Project ...... 91

Table 5-13: Representation of the frequency of travel among the people ………………………….. 91

Table 5-14: A representation of the reasons for travelling …………………………………………………… 91

Table 5-15: A representation of the average time spent on the roads to the CBD...... 91

Table 7-1: Impact Assessment ………………………………………………………………………………………………. 101

Table 8-1: The Proposed Environmental and Social Management Plan …………………………… 140

Table 8-2: ESMP Post-Construction Phase ………………………………………………………………………… 153

Table 8-3: Safety …………………………………………………………………………………………………………………… 168

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Feasibility Study, Environmental And Social Impact Study, Preliminary and Detailed Engineering Design of Dualling of A9 Within Meru Town

LIST OF FIGURES Figure 1-1: Location of the Project Roads...... 3

Figure 2-1: Project starting point –Ng’onyi ……………………………………………..…………………………………….. 8

Figure 2-2: Location Map of the project area ……………………………….…………..……………………………………. 8

Figure 5-1: Map of Meru County ……………………………………………………….…….……………………………………… 61

Figure 6-1: Western Bypass at the Meru National Polytechnic junction under construction …98

Figure 6-2: Eastern By-pass at the Kaaga Junction under construction ………………………… .. …………. 99

LIST OF PLATES Plate 2-1: Water pipe at culvert crossing along project road …………………………………………………………. 11

Plate 2-2: Poles along Project road ………………………………………………………………………………………………….. 12

Plate 2-3: Overhead power cables visible on project road …………………………………………………………… 12

Plate 2-4: Water Mains along the road ……………………………………………………………………………………………. 12

Plate 2-5: Street lighting poles along the project road …………………………………………………………………… 13

Plate 2-6: Sewer manholes along project road ………………………………………………………………………………… 13

Plate 3-1: Air sampling in Gitooro showground area (in the environs of Meru Town), March 2020……………………………………………………………………………………………………………………………………………………. 24

Plate 3-2: Air sampling at Ruiri junction (in the environs of Meru Town), March 2020 ….……….. 25

Plate 3-4: First Stakeholders meeting at West Wind Hotel Meru ………………………….…………………….. 30

Plate 3-5: Second Stakeholders meeting at Paramount Hotel …………………………………..…………………… 30

Plate 3-6: Third Stakeholders meeting at Ng’onyi Chief’s Camp ………………….……..……………………… 30

Plate 3-7: Fourth Public meeting at Gitimbine Chief’s Camps ………………….……..………………………….. 31

Plate 3-8: Fifth public meeting/baraza at Ruiri Chief’s Camp ………….………….……………….………………. 31

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Feasibility Study, Environmental And Social Impact Study, Preliminary and Detailed Engineering Design of Dualling of A9 Within Meru Town

ACRONYMS AND ABBREVIATIONS

AIDS: Acquired Immune Deficiency Syndrome AP: Administration Police CBO: Community Based Organization CDF: Constituency Development Fund DOSHS: Department of Occupational Safety and Health Services EIA: Environmental Impact Assessment EMCA: Environmental Management and Coordination Act EMP: Environmental Management Plan EMS: Environmental Management System ESIA: Environmental and Social Impact Assessment ESMMP: Environmental and Social Mitigation and Management Plan ESMP: Environmental and Social Monitoring Plan GoK: Government of Kenya Ha: Hectares HIV/AIDS: Human Immune-Deficiency Virus / Acquired Immune Deficiency Syndrome KeNHA: Kenya National Highways Authority KERRA: Kenya Rural Roads Authority km: Kilometers km2: Square Kilometers KNASP: Kenya National HIV/AIDS Strategic Plan KRB: Kenya Roads Board KTSSP: Kenya Transport Sector Support Project KURA: Kenya Urban Roads Authority KWS: Kenya Wildlife Service LHS: Left Hand Side M & E: Monitoring& Evaluation MDGs: Millennium Development Goals MoH: Ministry of Health MoL: Ministry of Lands

MoR: Ministry of Roads

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MSDS: Materials Safety Data Sheets NACC: National Aids Control Council NALEP: National Agriculture and Livestock Extension Programme NEMA: National Environment Management Authority NGO: Non-Governmental Organization NMK: National Museums of Kenya NPEP: National Poverty Eradication Programme ºC: Degrees Centigrade OHS: Occupational Health and Safety OP: Operational Policy PAPs: Project Affected People PIU: Project Implementing Unit pH: Potential Hydrogen PP: Public Participation PPE: Personal Protective Equipment RAP Resettlement Action Plan RE: Resident Engineer RHS: Right Hand Side RU: Resettlement Unit SHE: Safety, Health & Environment STD: Sexually Transmitted Disease TOR: Terms of Reference VCT: Voluntary Counseling and Testing WRMA: Water Resources Management Authority CPP Consultation and Public Participation

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AUTHENTICATION PAGE

Consultant’s Address and authorized NEMA registered signatory

Designation………………………………………………………..

Signature …………………………………………………….

Date ……………………………………………………………..

For:

Kenya National Highways Authority (KeNHA)

P.O Box 49712-00100

Nairobi

+254 (20) 8013842

[email protected]

I, the undersigned confirm that the contents of this report are a true representation of the Environmental and Social Impact Assessment project report of the proposed [project title].

Submitted by………………………………………………………

Designation………………………………………………………..

Signature …………………………………………………….

Date ……………………………………………………………..

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Feasibility Study, Environmental And Social Impact Study, Preliminary and Detailed Engineering Design of Dualling of A9 Within Meru Town

EXECUTIVE SUMMARY

Background of the Project

The implementation of devolution in 2013 has seen some county headquarters grow rapidly and hence cause strain in the existing infrastructure. Meru town is one of the affected towns where the traffic situation calls for need for expansion to ease congestion and facilitate faster movement within and through the town. In its grand objective to improve road infrastructure in the entire country, the Government of Kenya, through Kenya National Highways Authority (KeNHA) is proposing to expand into a dual carriageway the Road classified as A9 (formerly Meru B6) within Meru Town in Meru County.

The road was selected for dualling to reduce traffic congestion, open accessibility to markets, and improve sustainable development and infrastructure in the area. The need for rehabilitation and capacity enhancement is manifested in the poor levels of service and traffic congestion especially on the road section through Meru town. The dualling of the A9 section through the town is expected to drastically reduce the journey times particularly in the morning and evening peaks.

Pursuant to the stipulations of EMCA 1999 and EIA/EA Regulations (2003) of the Government of Kenya and KeNHA subjected the proposed project to an ESIA Study. KeNHA has contracted Runji Consulting Group (RCG) to conduct an Environmental and Social Impact Assessment (ESIA) study for Dualling of Meru B6 Road within Meru town in Meru County. This report presents the results of the ESIA study for the proposed project.

Project Description

The proposed project road is located in Meru County and intends to convert the current A9 in to a dual carriage. The road measures approximately 14.96km. The first section from Ng’onyo to Gitoro showground cover s a total of 9.73 kms along the A9, while the 2nd section from Makutano Junction to Ruiri Junction covers a total of 5.23 kms along the B66. Both sections of the roads are currently to bitumen standards. Traffic flow

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between these towns is generally slow especially at peak hours (early morning and evenings). It is expected that dualling of the road will promote smooth floor of traffic and reduce time spent on traffic jams. The first part of the project; Ng’onyi–Gitimbine is a mixture of agricultural and residential areas. The second from Gitimbine-Kathita bridge-Meru town –Makutano is characterized by commercial buildings and government installations. The third and fourth, from Makutano-Gitooro and Makutano-Ruiri is a mix of agricultural, commercial and government institutions. On B66, near Makutano has several public schools and institutions concentrated in one area called Kaaga.

The proposed road alignment will traverse areas where design work have been done or being designed. These sections are:

· Ng’onyi –Gitimbine (2.5km)

· Gitimbine-Kathita-Town-Makutano (3.43Km)

· Makutano – Gitooro (3.8Km)

· Makutano – Ruiri Junction (5.23Km)

All these sections are currently to bitumen standards but not dual carriage. The project intends to dual these sections.

Purpose and Objectives of the Project

This project involves upgrading the road A9 and a section of B66 in Meru town into a dual carriage status. Other objectives are: -

· To ease traffic congestion within Meru town · To improve infrastructure within Meru town · To unlock potential and create opportunities for business within town · To accelerate urbanization · To spur economic growth

Policy, Legal and Administrative Framework

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This ESIA was carried out in accordance to the provisions of The Environmental Management and Coordination Act (EMCA), Cap 387. The Act gives guidelines and provides for the establishment of a legal and institutional framework for the management of the environment and social matters to be addressed when such projects are being implemented.

Other subsidiary regulations considered includes but not limited to:

1. Impact Assessment and Audit Regulation, 2003; 2. Waste Management Regulations, 2006; 3. Water Quality Regulations, 2006; 4. Controlled Substance Regulations, 2007; 5. Noise and Excessive Vibration Control Regulations, 2009; 6. Emissions Control Regulations, 2006; 7. Wetlands, River Banks, Lake Shores and Sea Shore Management Regulations, 2009; 8. Conservation of Biological Diversity and Resources, Access to Genetic Resources and Benefit Sharing Regulations, 2006. 9. The National Land Commission Act, 2012, 10. The Land Registration Act, 2012 11. The Meru County CIDP, 2013 12. Kenya National Aids Strategic Plan, 13. The Sexual Offences Act, No. 3 of 2006, Laws of Kenya 14. Kenya Law. Constitution of Kenya, 2010 Laws of Kenya.

Environmental and Socio-Economic Baseline Conditions of the Project Area

Physical Environment

The project area is characterized by hilly and valley terrain due to several rivers from Mt. Kenya and an altitude of 5,199m above sea level. It cuts through both commercial and agricultural area. The drainage pattern in the county is characterized by rivers and streams originating from catchment areas such as Mt. Kenya and Nyambene ranges in the North of the county. The rivers cut through the hilly terrain on the upper zones to the lower zones and drain into the Tana and Ewaso Nyiro Rivers. The rivers form the main

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source of water for both domestic and agricultural use. Project area consists of brown volcanic soil, Lateritic materials overlying a successive matrix of weathering products of clay. The region is prone to landslides. Landslides are some of the main geologic dangers or hazards in the county of Meru. These landslides pose risks to the lives of residents in the county and also to the biodiversity in the county.

Biological Environment

The project area is a mix of agricultural, residential and forest area. The agricultural area has indigenous and exotic flora while the forest area has diversity of indigenous fauna and flora. Due to population pressure, the major part of the project area does not contain large wildlife. The human-wildlife interaction is very low within the project area. However at the Makutano – Gitooro section as we move towards the forest, there is expected to have wildlife such as elephants, buffalos and other large wildlife. Interview with the locals confirmed that there is no current animal-human conflict experienced in the area. The area has an electric fence and the designs are not expected to interfere with the forest area or any indigenous fauna or flora since the road reserve is adequate.

In consideration to the above, the proposed design will take cognizant of the forest areas and remain within the existing alignment as much as possible. At the Gitooro showground intersection we also propose an animal crossing bridge to the different sides of the road. The designs should also avoid destruction of natural ecosystem as much as possible unless where inevitable.

Administrative, Social and Cultural Environment

Meru County comprises of nine parliamentary constituencies and 45 electoral wards. The nine parliamentary constituencies are South Imenti, Imenti Central, North Imenti, Buuri, Tigania East, Tigania West, Igembe Central Igembe South and Igembe North. The project area is however within North Imenti Constituency.

The land in the county falls under 3 categories as defined by Kenyan constitution:- Public Land, Community land and Private Land. Most of the landowners have title deeds. The county also experiences some landlessness manifested inform of squatter

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settlement mainly in Meru Town. These settlements are mainly on public land where the squatter lack ownership documents. The lack of critical services in these settlements like water, roads, health and power has resulted increased poverty in these settlements/slums. The land is predominantly agricultural outskirts of the town and commercial/residential within the town.

Most of the social-economic activities are agricultural driven. There are settlements along the road of small-scale traders dealing with agricultural products and also jua kali sector as well as hawking. Main project junctions are characterized by commercial centres such as Makutano, Town, Gitimbine which have various business activities as well as government administrative units such as County Government Headquarters, County Assembly, County Commissioners Offices, Police station etc. There are also various private hotels and petrol stations along the proposed corridor.

The proposed dualling of the road will therefore directly and indirectly benefit road users and the business people conducting various businesses along the route and also the local communities.

BRIEF DESCRIPTION OF THE ANTICIPATED ENVIRONMENTAL AND SOCIO- ECONOMIC IMPACTS AND PROPOSED MITIGATION MEASURES

Environmental Proposed Mitigations /Social Impacts

OSHA related -OSHA training & OSHA plan be implemented impacts -Contractor to have in-house OSHA committee

-Recording occurrences on site including all accidents

-Use of PPE

-Use of clear signage

-Training on first aid

-Provide sanitary facilities

-Awareness on HIV/AIDS and other related diseases

-Provide housing/camps with proper facilities

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Environmental Proposed Mitigations /Social Impacts

Effluent from -The contractor to have a proper waste disposal mechanism for the waste generated works and camps by construction workers;

-Monitor effluent quality regularly to ensure that the stipulated discharge rules and standards are not violated.

Solid Waste -The contractor SHALL develop a waste management plan

-Stockpiling spoil soils for rehabilitation and landscaping purposes;

-Using waste minimization techniques such as buying in bulk;

-Allocating responsibilities for waste management and identifying all sources of wastes, and ensuring wastes are handled by personnel licensed to do so;

-Making available suitable facilities for the collection, segregation and safe disposal of the wastes;

-Creating waste collection areas with clearly marked facilities such as colour coded bins and providing equipment for handling the wastes. The bins should be coded for plastics, rubber, organics, glass, timber, metals etc.;

-Ensuring all wastes are dumped in their designated areas and through legally acceptable methods and that the bins are regularly cleaned and disinfected;

-Assessing and creating opportunities for Regulation, Reducing, Reusing, Recycling, Recovering, Rethinking and Renovation;

-Creating adequate facilities for the storage of construction materials and chemicals and controlling access to these facilities;

-Ensuring bins are protected from rain and animals;

-Contractor will make provisions for responsible management of any hazardous waste generated within the project area

-The final disposal of the site waste shall be done by approved waste disposal agents

Air & Noise -To keep noise level within acceptable limits, construction activities shall where Pollution possible be confined to normal working hours;

-Since the project area is densely populated with offices, hospitals, homes, learning institutions and businesses, there will be need to notify the public as the project commences and in ca ses of interruptions.

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Environmental Proposed Mitigations /Social Impacts

-Construction workers will be required to use PPE appropriately;

-Equipment should be maintained regularly to reduce noise resulting from friction;

-No unnecessary hooting by project vehicles across the major settlement areas;

-Any complaints received by the Contractor regarding noise to be recorded and communicated to the KeNHA project engineer; as well as addressed immediately;

-Sensitize workers on air pollution especially dust.

-Workers shall be trained on dust minimization techniques;

-As far as possible and considering the hot dry climate, water sprays shall be used on all earthworks areas and transport routes

-Adherence to a speed of a maximum of 40km/hr for all vehicle to lower the dust generation along the traverse as work progress

-To minimize further generation of dust in the already dusty environment, vehicles delivering soil materials shall be covered to reduce spills and wind-blown dust;

- Construction works should be undertaken preferably during business hours;

-Comply with all legal and statutory requirements as contained in EMCA air quality regulations that are cited elsewhere in this report.

Blockage of -Include design features (e.g. wildlife overpass and some sections of the roads to be wildlife & raised on pillars) to allow free movements between the two sides of the road around domestic animals Gitooro showground to end of the proposed project for wildlife and various movement sections between Ngo’nyi and Gitimbine for domestic animals since the area is agricultural.

-Contractor and workers be sensitized to the provisions in the new Wildlife Conservation and Management Act, 2012

-Have a code of conduct amongst workers expressly banning any hunting of wild game for food or trophy;

-There is need to establish proper liaison with KWS when operating within the wildlife areas;

-Manage waste in a way that presents the poisonous types from being accessed by wildlife;

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Environmental Proposed Mitigations /Social Impacts

-Install speed calming measures when working within wildlife areas

-Install proper signage along the route to inform the construction drivers on the presence of wild animals;

-Advocate for a reduction of speeds along wildlife areas during construction

Traffic -A traffic management plan should be in place Movements -Clearly marked diversions

-Clearly marked signage

-The contractor will be required to plan itineraries for site traffic on a daily basis. Traffic management and control is mandatory throughout the project;

Vegetation -Except where inevitable, no vegetation should be cleared Clearing -Where vegetation is cleared, the contractor should replant the vegetation after the project

-The clearance of the site for construction purposes shall be kept to a minimum.

-The use of existing un-vegetated or disturbed areas for the Contractor’s Camp, stockpiling of materials etc. shall be encouraged;

-Areas to be cleared, especially borrow pits and Camp sites must be cleared in such a way that damage to adjacent areas is prevented

-Although all vegetation encroaching into the road reserve must be cleared to give room for visibility, this should be restricted to the RoW

-Trees should be trimmed rather than removed wherever possible;

-To plant indigenous and native trees along the project road in all the above mentioned sites;

-The use of fuel wood by construction workers should be discouraged, workers to be encouraged to use clean energy sources;

-Ensure suppliers are legally compliant and environmentally sensitive

Fuel, oils, -Hazardous materials shall be stored properly and clearly labeled hazardous substances and - Areas for the storage of fuel and other flammable materials shall comply with standard fire safety regulations

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Environmental Proposed Mitigations /Social Impacts

other waste -Chemicals and fuel shall be stored in storage tanks within a secure compound.

-Pipe-work carrying product from the tank to facilities outside the containment shall be provided with secondary containment;

-Tank equipment such as dispensing hoses, valves, meters, pumps, and gauges shall be located within the containment or provided with own containment

-Fence of the tank compound with locks or other adequate security controls at the site;

-Appropriate training for the handling and use of fuels and hazardous material must be provided to the Contractor agents handling these products. This includes providing spill response and contingency plans;

-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

Social Impacts -Ensuring equal opportunities in provision of employment

-Promotion of social cohesion and integration

-Awareness of STI & HIV/AIDs

-Corporate social responsibility and supporting communities

-Proper compensation of PAPs

-Creating awareness towards the diversity of cultures and different economic background of the people in the project staff and residents through sensitization

-Allowing the residents and businesses to form social groups and networks that build social capital;

-Targeting social investment programs towards the local communities and region

The mitigation measures required to eliminate/reduce the negative impacts are extensively covered in this report. Applying appropriate mitigation measures ensure that there will be no major residual impacts resulting from the project. The majority of the resultant residual impacts are considered insignificant or minor; however, there will be few residual impacts

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of moderate significance resulting from the impacts on air due to the reduction of air quality due to emissions, dust and particulate generation during construction phase among other construction and operational activities as well as accidental events such as injuries or even death, as well as vehicle accidents. For all potential accidental events, emergency response plans will be set in place to immediately respond to the event, and all employees will be appropriately trained to implement the response plans in the event of emergency.

Project Alternatives and Parameters considered in choosing the best Alternative The alternatives assessment considers two categories of alternatives: a) Alternatives to the Project, which are the functionally different ways to meet the Project need and achieve the Project purpose. B) Alternative Means, which are the various technically and economically feasible ways the Project can be implemented.

Road Dualling Alternative/Project Alternative

Meru town like many other County headquarters have experienced infrastructural strain since devolution. This has led to huge traffic jams and congestion within town. The need for rehabilitation and capacity enhancement is manifested in the poor levels of service and traffic congestion especially on the road section through Meru town. The dualling of the A9 section through the town is expected to drastically reduce the journey times particularly in the morning and evening peaks.

For any given road which exists in poor condition or whose capacity is constrained, the higher order functions suffer first. In the case of A9 (formerly B6) Road within Meru Town, its international function is severely compromised given its capacity within Meru Town is severely constrained. The same also affects the national function within Kenya and Kenya’s Transport system. What remains, although also severely constrained is the project road’s local f unction which facilitates relatively shorter trips along its length linking town centers and settlements such as from Gatimbi-Ngonyi, Makutano to Ntarika and Ngonyi-Makutano.

The project road A9 acts as a feeder road to the International Trunk Road A2 (Trans African Highway), A3 and A8 (Northern Corridor) Roads at Subuiga in Meru County, Masinga in Kitui County/Machakos County and in Kibwezi in Makueni County. The project road forms part of the International Trunk Road and links centers of international

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importance. It is one of the subsidiary branch corridors to the Trans-African Highway and EAC Corridor No-5 which runs from Tunduma - Dodoma - Namanga - Isiolo – Moyale as well as the Northern Corridor which commences from the port of Mombasa and serves Kenya, Uganda, Rwanda, Burundi and Eastern DRC and is approximately 1,700 Km long.

The A9 Road to which the project road belongs runs from the Junction of A2/A9 Junction at Subuiga In Meru County and passes through Meru town-Embu town- and Kanyonyo town in Embu County, Kitui town in Kitui County and Kibwezi town in Makueni County where it terminates at the Junction with A8 Road. The A9 road also provides a link to several National Trunk Roads such as the B65, B64, B62 and B61 roads.

Alternatives to the Project –There is the Eastern and western bypasses being constructed which once finished could filter off the traffic in Meru town. There are several ring roads within Meru town, which are passable and could help ease the traffic. These alternatives were not considered because the current congestion problem exists even with the service roads. Proceeding with the Project -Proceeding with the Project entails expanding the existing road and converting it to a dual carriage. This will ease transport in Meru town. Even if the alternative will lead to the identified social and environmental problems, we have considered mitigating actions to prevent adverse effects. Hence proceeding with the Project would have both positive and negative effects on the environment and socio- economic aspects of the people. The design of the Project and the assessment of alternatives are focused on ensuring that all significant adverse effects of the Project can be reduced or avoided entirely through good design, mitigation measures or compensation.

In consideration to the above, this road is of national and international importance. Locally; the dualling of A9 will have positive social and economic impacts in Meru County. Among the benefits are summarized below: -

International Benefits: The project road forms part of the International Trunk Road and links centers of international importance. It is one of the subsidiary branch corridors to the Trans-African Highway and EAC Corridor No-5 which runs from Tunduma - Dodoma - Namanga - Isiolo – Moyale as well as the Northern Corridor which commences from the port of Mombasa and serves Kenya, Uganda, Rwanda, Burundi and Eastern DRC and is approximately 1,700 Km long. The project will hence lead to improved traffic flow between the neighbouring countries.

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Access to health services: The dualling of A9 will shorted travel times within Meru town and other connecting destinations for people seeking medical attention hence improved access to health services which will in turn improve people’s health, incr ease their productivity in their social economic activities.

Improved Trade: The dualling of A9 will lead to more access and improved trade. Preliminary survey indicated that most commercial vehicles were transporting agricultural products to various destinations. This project will shorted the travel time and improves the volume of business.

Tourism: Meru County and neighbouring counties are a tourist destination for many tourists. This road acts as a gateway to Meru national Park, Isiolo, Samburu and Turkana. Improving traffic flow along the A9 and B66 will greatly improve the tourism in these areas.

Other affected economic activities: The construction of the road project will also lead to increased production and marketing of agriculture, livestock rearing, fishing, forestry, mining and economic activities in all of the three counties.

The No-Construct/Without Project Option

The no project alternative means that the road should be left as it is. The project was proposed after a need had been identified h ence a “No Project Alternative” would be the worst option. Public participations confirmed that there is need for the project. The current traffic situation and the width of the current road confirm that there is need for this project to continue. The “No project alternative” would also be supported by the fact that Meru town has seen an upsurge in development of service roads within town and two major bypasses –Eastern and Western. These are still not enough for the projected traffic growth in the next 20 years. Hence the option would not be viable.

This option is not viable because all indicators have shown that the project is necessary. Economic surveys for the project indicate that The Net Present Value (NPV), measured as the difference between the discounted benefits and costs over the analysis period, is positive. Traffic data and 20 years projections also support the implementation of the

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project hence The No-Construct/Without Project option will be unfavorable to the Meru County residents.

Outcomes of Public Participation Five public sensitization & consultations meetings were held along the project areas at the following venues between 29 th January 2019 and 31 st January 2019: -

1. West wind Hotel Makutano. (Coordinates 0007123, 0349066) 2. Paramount Hotel Meru. (Coordinates 0005539, 0350247) 3. Ng’onyi Chief’s Camp. (Coordinates 0001341, 0351176) 4. Gitimbine Chief’s Camp. (Coordinates 0004509, 0350306) 5. Gakurine Police Post (Ruiri) (Coordinates 0010482,0350268) A total of 450 Participants who live along the proposed project area and who have interest in the project attended the meetings.

Structured questionnaires Individual questionnaires were also administered to the residents along the project area. A total of 600 correctly filled questionnaires were administered between 20 th January and 29 th January 2019.

The participants’ issues and concerns pertaining different parts of project implementation were captured and summarized as below: -

Design Phase · Land acquisition during design and surveying process · Access to peoples homes, offices and institutions along the project route · Animal crossing points for domestic animals and wildlife in key areas · Sources of raw materials for road construction, whereby an EIA will be required · Areas of social and cultural significance, - e.g Njuri-Ncheke – residents proposed that the monument be preserved in the designs or provide for relocation but not demolition.

Construction Phase · Employment, - youth (men and women) during construction phase · No construction unless all PAPs are compensated

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· Contractor source local labour for unskilled labour · Consider local sources of raw materials · Access to facilities along the proposed project route · Dust and air pollution · Sexually transmitted diseases and disruption of cultural values by foreigners · Crime and immorality · Haulage of raw materials from quarries and borrow pits and final alignment and the affected property · Traffic diversions · Insecurity for road users or tourists driving along the project road. · Highway robbery during road operation. · Increase of road and related accidents · Displacement and disruption of amenities such as electricity and water

Decommissioning Phase · Restoration of vegetation · Borrow pits and quarries rehabilitation · Restoration of way-leave used as diversions during construction · Unemployment and social instability · Restoration of amenities

Environmental and Social Monitoring Program A monitoring program has been prepared with the aims to ensure that the suggested mitigation and enhancement measures are implemented, that they generate intended results and that they are modified, ceased or replaced when inappropriate following the IFC’s , World Bank’s and AfDB’s polocies and guidelines. The monitoring program includes surveillance and monitoring activities.

The surveillance activities aim to ensure that the proposed mitigation and enhancement measures are effectively implemented during the construction phase.

Monitoring activities will involve measuring and evaluating the project impacts on some environmental and social components of concern and to implement remedial measures, if necessary.

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The program shall define as clearly as possible the indicators to be used to monitor the mitigation and enhancement measures that need to be assessed during project implementation and/or operation. The monitoring program shall also provide technical details on monitoring activities such as methods to be us.

Conclusions and Recommendations

Putting all the information available to us, from socio-economic analysis, traffic analysis and cost-benefit analysis, we conclude that the project benefits outweigh the negatives. We project that there will be positive socio-economic impacts experienced during the operation stage of the road. The observed negative impacts during construction phase can be mitigated.

The design of the road has put all factors of future development and traffic forecast for several years to come. The current design has avoided displacing as much people as possible and has maintained the existing corridor alignment. This ensures that the project maximises on potential benefits without causing extensive harm. This means that very minimal land acquisition will be required; hence the cost of project implementation will be minimized.

The proposed ESMP gives a way forward on the mitigation measures of any adverse environmental, social and health issues. The contractor will be tasked to implementation of the same to ensure that the project benefits are not outdone by the damage that might arise due to non-implementation of the ESMP. Various plans have been proposed including, traffic management, OHSA, Material handling, HIV/AIDS awareness etc.

The impact of biophysical environment during the construction phase must be checked and be inline with the proposed ESMP. Clearance of any vegetation should be only in cases where inevitable, and those cut must be replaced at the end of the construction stage of the project. The project is also expected to have positive residual impacts on socio-economic status of the people of Meru County. There will be improved traffic flow, less congestion, separation of motrable and non-motrable traffic etc. On business we expect positive impact on businesses along the corridor and Meru in general due to improved accessibility.

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In conclusion, the proposed project shall have several positive economic benefits during its different phases and does not pose any serious negative environmental impact on the Environment if the set guidelines, laws and building standards are adhered to strictly. Our conclusion is that the project is important for economic development. We recommend that the proposed project be implemented on condition that the identified negative effects are considered and mitigation measures put in place to manage the adverse effects. We also recommend regular auditing, monitoring and evaluation to monitor if the proposed EMP is strictly being followed. We thus recommend the authority to issue an EIA License for the project.

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1. CHAPTER 1 INTRODUCTION

1.1. INTRODUCTION

This Environmental and Social Impact Assessment Report is for the proposed dualling of the 14.96 Km road from Ng’onyi to Ruiri. The first section from Ng’onyi to Gitoro showground covers a total of 9.73 kms while the 2 nd section from Makutano Junction to Ruiri Junction covers a total of 5.23 kms. KeNHA contracted Runji Consulting Group (RCG) to conduct an Environmental and Social Impact Assessment (ESIA) study for this proposed project within Meru town in Meru County.

1.2. DEVELOPER IDENTIFICATION

Address

CLIENT CONSULTANT

Kenya National Highways Authority (KeNHA) Runji Consulting Group Ltd

Barabara Plaza, Airport North Road, Opposite KCAA. 3, Kindaruma road. Off Ngong Road P.O Box 49712 -00100, P.O Box 49712 -00100,

Nairobi Nairobi

1.3. BRIEF REGIONAL DESCRIPTION

Meru County is located in the Eastern Region of Kenya and is approximately 271 Km by Road from Nairobi, 751 Km from the port city of Mombasa, 233 Km from the Nakuru town and 554 Km from Moyale Border town. The A9 Road to which the project road belongs runs from the Junction of A2/A9 Junction at Subuiga In Meru County and passes through Meru town-Embu town- and Kanyonyo town in Embu County, Kitui town in Kitui County and Kibwezi town in Makueni County where it terminates at the Junction with A8 Road. The A9 road also provides a link to several National Trunk Roads such as the B65, B64, B62 and B61 roads.

The proposed road for upgrading is between Ngonyi, Makutano, Gitoro showground and Ruiri junction. The first section from Ng’onyo to Gitoro showground covers a total of 9.66 kms while the 2 nd section from Makutano Junction to Ruiri Junction covers a total of 4.86 kms . Both sections of the roads are currently to bitumen standards. Traffic flow between

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these towns is generally slow especially at peak hours (early morning and evenings). It is expected that dualling of the road will promote smooth floor of traffic and reduce time spent on traffic jams. Figure 1-1 shows the Map of the Project Roads.

1.4. PROJECT BACKGROUND , OVERVIEW , JUSTIFICATION AND OBJECTIVES

1.4.1. PROJECT BACKGROUND

The Government of Kenya (GoK) has earmarked funds in the development vote for the support of the Environmental and social impact assessment (ESIA) consultancy for Dualing of B6 road within Meru town. Through its implementing agency The Kenya National Highways Authority (KeNHA), Runji Consulting Group (RCG) was commissioned to carry out the preliminary designs, environmental and social impact assessment and detailed designs of the proposed project. The road is located in Meru County, and it’s about 12Km long, starting approximately 3Km before Meru Town and ends approximately 2km from Meru town. The project starts Ng’onyi junction, to Makutano through Meru town on B6 and ends at Gitooro show ground, and the other section from Makutano towards Maua and ends at Ruiri junction on B66.

1.4.2. OVERVIEW OF THE PROJECT

The proposed road for upgrading is between Ngonyi, Makutano, Gitoro showground and Ruiri junction. The first section from Ng’onyo to Gitoro showground covers a total of 9.66kms while the 2 nd section from Makutano Junction to Ruiri Junction covers a total of 4.86kms. Both sections of the roads are currently to bitumen standards. Traffic flow between these towns is generally slow especially at peak hours (early morning and evenings). It is expected that dualling of the road will promote smooth floor of traffic and reduce time spent on traffic jams.

Figure 1-1 Error! Reference source not found. shows the Map of the Project Roads.

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Figure 1-1: Location of the Project Roads.

1.4.3. PROJECT PURPOSE AND OBJECTIVES

This project involves upgrading the road A9 (formerly B6) in Meru town into a dual carriage stat us. The dualing starts at Ng’onyi along B6 and ends at Gitoro show ground, and the other section from Makutano towards Maua and ends at Ruiri junction on B66.

1.4.4. PROJECT JUSTIFICATION /R ATIONALE

The primary reason for upgrading the road from single carriageway to dual carriageway is to improve mobility and access of the region. The current state of the road (narrow) has continued to pose a great challenge to farmers and other road users resulting in high production cost in terms of high vehicle operation cost and longer travel times. Upgrading of the road therefore would bring about improved economic benefit to farmers in this region and so to the whole country. In addition, the road will be an economic pillar for realization of the Kenya’s Vision 2030 by enhanc ing efficient transportation and movement of people and goods. Speedy movement will spur economic development between neighbouring counties and country at large.

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1.5. PURPOSE OF ESIA

The purpose of the study is to comply with the legal requirements of the EMCA 2013 and to ensure that all environmental and social concerns are integrated at the implementation stage of this project in order to contribute to sustainable development of the general area. One of the main objectives of ESIA is to provide information to decision makers on the potential impacts of any activity, project or plan and to propose mitigation measures. It enhances and harmonizes the implementation and enforcement of environmental laws for the management and sustainable use of the environment.

1.6. OBJECTIVES OF ESIA

The specific objectives of the ESIA are: -

a) To identify potential impacts to the biophysical and human environment, both direct and indirect b) To obtain public views, concerns and values with regard to the proposed project by consulting communities living in proposed project area c) To create project awareness and opportunity for participation to the stakeholders d) To determine the significance levels of the identified impacts and discuss the possible alternatives to the project e) To generate baseline information for monitoring and evaluation of the effectiveness of mitigation measures implemented during the project cycle f) To recommend preventive, and mitigate measures for the significant negative impacts of the project on human and biophysical environment g) To develop an environmental and Socio-economic and Cultural management and monitoring plan (ESMMP) for the proposed project h) To prepare an ESIA report for the client through the project engineer

1.7. TERMS OF REFERENCE

The Terms of Reference for the proposed EIA study project were developed and submitted to NEMA for approval prior to commencement of the EIA study as per the provisions of the Environmental (Impact Assessment and Audit) regulations, 2003, and the Environmental Impacts Assessment Guidelines and Administrative Procedures of 2002. The ToR’s included:-

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i. Carry out assessment and description of site/location, objectives, scope, nature of the proposed project, ii. Carry out analysis of the proposed project activities during the proposed project cycle; construction, operation and decommissioning phases, iii. Establish the suitability of the proposed project in the proposed location, iv. Review and establish all relevant baseline information (Physical, Biological, Social Cultural and Economic) and identify any information gaps, v. Description and analysis of policy, legal and institutional framework including but not limited to policies, laws, regulations and guidelines which have a direct bearing on the proposed project and will also serve as benchmarks for monitoring and evaluation, and future environmental audits, vi. Do an in-depth description of the proposed project and associated works together with the requirements for carrying out the works, vii. Analyze the efficacy of the designs, technology, procedures and processes to be used, in the implementation of the works, viii. Carry out Consultation and Public Participation (CPP): Identify key stakeholders and Project Affected Persons (PAPs); hold a public meeting and collect written evidence, that is, minutes, questionnaires and photographs, ix. Identify and analyse proposed project alternatives including but not limited to no project option, proposed project option, alternative design and alternative materials and technologies, x. Identify, predict and carry out in-depth analysis of all actual potential and significant impacts on flora, fauna, soils, air, water, the social, cultural and community settings including the direct, indirect, cumulative, irreversible, short-term and long-term effects anticipated to be generated by the proposed project, both positive and negative throughout the project cycle and recommend sufficient feasible mitigation measures for all the potential negative impacts identified, xi. Analyse materials to be used in the construction and implementation of the project and wastes to be generated proposing alternative/appropriate options/technologies, xii. Analyze occupational health and safety issues associated with the proposed project, xiii. Develop an Environmental Management and Monitoring Plan (EMP) proposing the measures for eliminating, minimizing or mitigating adverse impacts on the

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environment, including the cost, timeframe and responsibility to implement the measures, xiv. Prepare an EIA Study Report in accordance with EMCA Cap 387, xv. Submit a draft EIA Study report to the client and/or project team for review and comments, xvi. Incorporate the comments (if any) from the client and/or project team into the final EIA Study Report, xvii. Submit ten (10) copies and one electronic copy of the report to NEMA for the purposes of seeking a NEMA license for the proposed project, xviii. Submit to the client a copy of NEMA referenced EIA Study Report, an electronic copy of the report and acknowledgment letter from NEMA, xix. The Expert to follow up processing and issuance of the EIA License for the proposed project from the authority and submit the original EIA license to client upon issuance.

1.8. STRUCTURE OF REPORT

This ESIA Report consists, following the African Development Bank format, of pertinent chapters including the following:

1) Executive Summary;

2) Introduction;

3) Project Description

4) Environmental and Social Impact Assessment Methodology

5) Policy, Legal and Regulatory Framework

6) Baseline Survey;

7) Analysis of Alternatives

8) Environmental and Social Impact Assessment;

9) Environmental and Social Management Plan;

10) Conclusion and Recommendation;

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2. CHAPTER 2 - PROJECT DESCRIPTION

2.1. INTRODUCTION

In its grand objective to improve road infrastructure in the entire country, the Government of Kenya, through Kenya National Highways Authority (KeNHA) is proposing to expand into a dual carriageway the Road classified as A9 (formerly Meru B6) within Meru Town in Meru County. The road was selected for dualling to reduce traffic congestion, open accessibility to markets, and improve sustainable development and infrastructure in the area. Pursuant to the stipulations of EMCA 1999 and EIA/EA Regulations (2003) of the Government of Kenya and KeNHA subjected the proposed project to an ESIA Study. KeNHA has contracted Runji Consulting Group (RCG) to conduct an Environmental and Social Impact Assessment (ESIA) study for Dualling of Meru B6 Road within Meru town in Meru County. This report presents the results of the ESIA study for the proposed project.

2.2. PROJECT LOCATION

The project road is entirely located in Meru County. It and is split into two linked together. The first section is approximately 9.66Km along A9 (previously B6). It commences at Ng’onyi, 3km from the southern outskirts of Meru town and terminates at Gitoro at the entrance to Gitoro showground north of town. The second project section measures about 4.86km along the B66 (Meru-Maua Road and formerly D484) commencing at the junction with section 1 at Makutano junction and ends at Ruiri junction. Cumulatively, the project measures approximately 20Km, inclusive of the town loop roads. The need for rehabilitation and capacity enhancement is manifested in the poor levels of service and traffic congestion especially on the road section through Meru town. The dualling of the A9 section through the town is expected to drastically reduce the journey times particularly in the morning and evening peaks.

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Figure 2-1: Project starting point –Ng’onyi

Figure 2-2: Location Map of the project area

2.3. TRAFFIC SURVEYS

Traffic counts and O-D surveys were carried out in accordance with the requirements of the Terms of Reference. For economic evaluation, the project road was divided into homogeneous sections (as shown in the table below) based on pavement type and/or, roughness and/or, width and/or intersection and/or traffic. The results were converted to AADT by the application of seasonal and 24:12-hour adjustment. Traffic Observation Environmental and Social Impact Assessment Study Report 8 Runji Consulting Group Ltd

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Section 001, 003 and 005 had visibly moderate traffic volume with all the vehicle categories present. This section is in the outskirts of Meru Town and is mainly served by local and long distance transit traffic. Section 002 and 004 has visibly high traffic volume with all vehicle categories present. This section is located in Meru Town and serves varied trips ranging from short town trips, long distance trips and NMT trips.

Eleven (out of a total twelve) vehicle categories make up the current traffic stream. Specifically, the following vehicles were observed:

§ Motorcycles, § Medium Cars (Saloon) § Four Wheel Drive Cars and Pickups, § Matatus, Minibuses and Large Buses, § Light Goods Vehicles, § Medium Goods Vehicles, § 3-Axle trucks, and § 6-Axle trucks (articulated tractor-trailer combinations incl. fuel tankers) Table 2-1: Homogenous Traffic Sections

Road From To KM Start KM End Distance Section

A9 Project Road : Junction to Ngonyi -Meru Show Ground

Junction to Ngonyi Boys Secondary B65 Junction to Mitunguu 0.000 3.560 3.560 001 School (Project Start) B 66 Junction to B65 Junction to Mitunguu 3.560 6.260 2.700 002 Maua/Mutati Meru Show Ground (Project B 66 Junction to Maua/Mutati 6.260 9. 660 3.400 003 End) Sub Total 9.660

B66 Project Road: Makutano Jun ction-Junction to Ruiri Town

B 66 Junction to Maua/Mutati Mfuko Bread Factory Area 0.000 1.000 1.000 004 (Project Start) Ruiri Town Junction (Project Mfuko Bread Factory Area 1.000 4.860 3.860 005 End) Sub Total 4.860 Grand Total 14.520 Source: Consultant 2018

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2.4. UTILITIES SURVEY

The consultant visual inspection of the following services and how they are likely to be affected by the expected improvement recommendations envisaged under the assignment. a) Underground & Overhead power lines b) Underground & Overhead Telephone lines c) Underground & Overhead optic fiber cables d) Street lighting system e) Water supply system f) Sewerage system g) Fire hydrant The following services were encountered during the reconnaissance visit. a) Street lighting, the corresponding underground cabling and control pillars. b) 11KV / 415 V / 240V overhead power lines. c) Telkom overhead lines and corresponding manholes d) Underground optic fiber cables and corresponding manholes. e) Electric Poles with and without transformers. f) Water pipelines and inspection chambers g) Sewer pipelines and corresponding manholes

2.5. CHALLENGES AND GENERAL OBSERVATIONS

Some of the water pipelines cuts across the inlet of the cross culvert and others have be laid inside the cross culvert hence affecting the storm water drainage across the road. Some of the optic fiber manholes were either partly or fully covered which topsoil and due to lack proper cable marking at turn points would pose some challenges in identification of the routes. Some of the sewer line manholes especially along the B66 road were found to be near the existing road edge approximately 3m. Generally most of these utility services will have to be relocated to pave way for the proposed additional carriage way. There are some water marks along the project road which will greatly assist in locating the underground water pipes. The Telkom posts and electric posts will be accurately picked during the topographical surveys. Generally, it will be important to liaise with the services providers in the next stage of the study to: · Obtain detailed inventory and maps of the existing utility services

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· Properly identify position of services, some that they are accurately picked during ground topographical surveys. This is to avoid danger during the improvement works (in case of power cables) or unnecessary interruptions. · Identify and document the potential utility interventions and provide relocation plans complete with cost estimates. The service providers include:- · Kenya Power · Meru Water & Sewerage Company Ltd.(Mewasco) · Meru County Government · Telkom Kenya · Jamii Telcom · Safaricom Limited · Ministry of Information Communications and Technology (M.O.I.C.T)

Water pipe

Plate 2-1: Water pipe at culvert crossing along project road

KP poles targeted for relocation.

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Plate 2-2: Poles along Project road

Overhead power lines

Plate 2-3: Overhead power cables visible on project road

Water mark for water mains

Plate 2-4: Water Mains along the road

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Street lighting pole

Plate 2-5: Street lighting poles along the project road

Sewer manholes

Plate 2-6: Sewer manholes along project road

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2.6. MATERIAL SURVEY

The purpose of the investigation was to identify sources within reasonably short haulage distance along the project road where suitable natural construction materials could be acquired for the project.

2.6.1. GRAVEL SOURCES

Gravel materials are required for improvement of sub-base and subgrade improvement where necessary. Possible sources of gravel whether new or existing were identified by the consultant and sampled by MTRD staff. The following areas were identified:-

i. Gakando, Kibrichie, Kiamogo location material site (BP 1 & 2)

The material site BP1 & 2 is located 1.70 Km off Ntugi market on LHS along Meru-Isiolo road 17 km away from Meru town. It is an existing material site with a potential for extension of the area. The investigated area covered approximately 12,150 m 2 and consisted of about an average of 20 m thick gravel with an overburden of 0.3 m. The co-ordinates of the locations have been indicated as (0.124211(335477.66), 37.521641(13733.65) & 0.123862(335443.60), 37.521335 (13695.06).

ii. Gakando, Kibrichie, Kiamogo location material site (BP 3 & 4)

The Material Site is located in kiamogo location opposite to BP 1&2 which is located 1.70 Km off Ntugi market on LHS along Meru-Isiolo road 17 km away from Meru town. The investigated area covered approximately 12,150 m 2 and consisted of about 2.0 m thick gravel with an overburden of 0.3 m. The co-ordinate of the area is (0.125783(335424.80), 37.521166(13907.46).

iii. Rugusu area material site (BP 5)

The borrow pit is located on the LHS 20 Km away from Meru on the Meru-Isiolo road. It is an existing borrow pit with a possibility of extension. The material site is currently being exploited by a contractor H-Young. The material consisted mainly of volcanic ash of depths greater than 3-m. The co-ordinate of the area is (0.142410(332383.18), 37.493840(15746.06).

iv. Njoriboro area material site (BP 6)

This material site is located off the Meru-Isiolo road 4.1 Km from Kirachene junction which is 8 Km from Meru town. The material site is laterite gravel with existing mira plantation on the field. It is an existing borrow pit with a possibility of extension. The material site is not currently being exploited by private developers. The material in BP6 consisted mainly of laterite gravel of depths greater than 8-m. The area investigated covered approximately 6,000 m2. The co-ordinate of the area is (0.132296(344843.66), 37.605784(14627.04).

v. Material site along C 92 (BP 7 & 8) Environmental and Social Impact Assessment Study Report 14 Runji Consulting Group Ltd

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Those material sites are hills 6 and 8 km away from Gitimbine junction. The area investigated covered approximately 40,000 m 2. The material from the 38 trial pits had a 4-days soak CBR ranges from 12-29% and PI also ranges from 10-25 %. Materials from this source can be classified as natural gravel is suitable for stabilized sub-base or base and for subgrade improvement. The co-ordinates of the locations have been indicated as (0.047172(350126.82), 37.653252(5215.37) & -0.001370(357156.65), 37.716411(9999848.54).

2.6.2. HARD STONE SOURCES

The purpose of the hard stone investigations was to identify suitable and sufficient sources of stones for use in asphalt concrete works, concrete works and or wearing course works. Three quarry sites were identified as a potential source one existing and two new quarries for further material tests.

The following three (3) aggregate sources were sampled:

I.Quarry-1 Nkunga area

Ii.Quarry-2 Nkonga Forest

Iii.Quarry-3 Kethima quarry

2.6.3. SAND SOURCES

Sand from Isiolo and Tharaka Nithi River is proposed for use in the concrete mixes and the distance from project site will reach up to 70 Km. The silt and clay content according to BS 882 on Isiolo and Tharaka had a bit exceeded the recommended value. The consultant will investigate other sand sources in addition to resampling and retesting the sand from Isiolo and Tharaka Nithi.

2.6.4. WATER SOURCES

Water for construction was sampled from nearby Kathita River and tested. Water sample was taken to the laboratory for chemical analysis. A summary of the chemical analysis is presented in Table .

Table 2-2: Chemical Analysis of Kathita River

CHEMICAL PROPERTY Kathita River WHO/ASTM Guidelines

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pH Value 7.82 4.0 - 10.0

SULPHATES as SO 3, ppm 16 1000 Max. Chlorides as Cl -, ppm 4 250 Max. Suspended Solids, ppm 159 30 Max. Alkality, CaCo 3 10 1000 Max.

Results: The River has a good flow throughout the year and can be relied on to provide water for construction. The chemical analysis of the water done in the ministry of transport and infrastructure shows us that all are within the ASTM/WHO guidelines limit except suspended solids which exceeds the recommended one. The consultant will take samples upstream and downstream for retest on detailed design stage for confirmation.

2.7. OVERVIEW OF ROAD CONSTRUCTION

2.7.1. PROJECT CONSTRUCTION PHASE ACTIVITIES

The Project activities will include:

§ Siting and development of camp site; § Construction materials and water; § Clearing, grubbing, and stripping; Earthworks; § Finish grading; § Masonry, Concrete Work and Related Activities; § Surfacing; § Drainage; § Installation of road furniture and landscaping.

2.7.2. CONSTRUCTION PHASE

The construction phase will involve:

1. Ground Clearing: This will include general site clearance of vegetation and their disposal from site. Where necessary, trees will be cut, their stumps removed and resulting holes backfilled. Where the road requires slight realignment, or there is need to clear the entire width of the road reserve, existing structures, which are in the way of the construction, will be demolished and disposed, though is likely at Meru town, Makutano junction ,Ng’onyi area, showground road and Ruiri road. 2. Excavation and Construction Works: This will start by surveying and setting out the excavation and construction area and paving. This will include: § Excavation by cutting into topsoil, normal soil, rock or artificial material.

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§ Trimming some excavated surfaces and storing top soil for beautification/landscaping and disposing of excavated subsoil material(s) mostly by backfilling into borrow bits. § Material mining for road filling, stone mining/crushing, concrete mixing and bitumen preparation. § Filling to Embankment and General Filling with imported natural material other than topsoil. These natural materials include rock; sand and other approved naturally occurring materials. § Scarifying, watering and compaction of fill layers or in situ road formation level. Providing, placing and lapping geo textile materials. § Placement of non-Illuminated Traffic Signs § Road Markings to designate carriageway from shoulders

2.7.3. PROJECT COMMISSIONING , OPERATION AND MAINTENANCE

Before the commissioning of the project the contractor will require to test the functionality and suitability for use of the facility.

The contractor will be required to submit final entire structural and civil engineering works and a project specific reinstatement plan.

Reinstatement of the Project area will be undertaken on a sequential basis dependent on the completion of construction and testing in each section along the project area.

The site will be cleared of residual construction debris, construction signs and equipment as part of activities associated with reinstatement.

Before construction personnel leave the area and equipment are taken out, cleanup activities will be carried out in accordance with environmental standards and industry best practice.

Cleanup activities will consist of the removal and/or disposal of temporary structures, equipment, tools and excess material brought on site or generated during the construction.

Permanent reinstatement will be undertaken in all the areas that have been subjected to disturbance by the roads and bridge construction.

To facilitate natural re-vegetation of disturbed areas, the separately stockpiled excavated material and topsoil will be spread back in the reverse order in which they were excavated.

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The main reasons for reinstatement include:-

§ To minimize reduction in soil quality and structure during construction § To reinstate all third party assets affected by project activities in accordance with the construction contract documents and other pre-entry agreements. § To carry out site landscaping based on landscape plan prepared by a landscape professional. § To ensure a minimum cover of pre-existing ground vegetation is established within one year of final reinstatement is attained. § To ensure that monitoring and corrective action program will be developed and implemented based on examining the bio-restoration process periodically after reinstatement. § To ensure that any fences, services, structures or other facility affected by the construction works will be repaired or replaced to a condition that is at least satisfactory and similar to pre-construction stage.

2.7.4. DECOMMISSIONING PHASE .

Decommissioning of the road is not foreseen, however, decommissioning of related facilities espe cially contractor’s camps and workshops are inevitable. Further, decommissioning of quarries and borrow sites will be done upon completion of construction works. However, the exact details of how project facilities will be abandoned will be determined prior to abandonment and negotiated by the stakeholders but in accordance with recognized international standards. An EIA for decommissioning will be done and EMP (Environmental Management Plan) and M&E (Monitoring and Evaluation) plan drawn to guide and manage the process of decommissioning.

Its further advised that decommissioning plans be issued by the contractor three (3) months prior to decommissioning of the various borrow bits and material sites, as when each become exhausted or rendered unusable due to various factors. The behavior of the contractor with regard to handling borrow bits and material sites should be included in the contract document

2.7.5. WASTE MANAGEMENT .

The purpose of this section is to outline the actions and procedures to be taken in relation to the proposed road development such that waste generated is managed in line with the waste hierarchy – reduce, reuse, recycle, recover energy and disposal. This report outlines the

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management of the waste generated from the proposed road development and includes the demolition of any existing road section(s). Prior to the commencement of the construction program, the contractor(s) will prepare a Project Waste Management Plan (PWMP) that:

§ Propose a minimization, collection, storage, treatment, re-use and disposal route for each waste stream § Identify potential third party re-users § Propose Incinerator types if required § Propose location of waste storage and duties of site personnel with regard to waste management § Identify and describe possible locations of disposal sites or long-term storage sites. § State the methods for properly managing (i.e. training, storing, containerizing, labeling, transporting, disposing) wastes. § Describe the transition of control from the contractors to the Proponent, including arrangements for wastes associated with commissioning. § Project Waste Management Principles

It should be remembered that waste management standards to be used for the construction, operation and decommissioning of the roads is based on the legal notice 121 of Waste Management Regulations 2006. If these regulations do not cover certain aspects of the project then the Contractor and Proponent shall comply with international regulations on environmentally sound management of waste. It must also be bone in mind that the principles of ‘duty of care’ (i.e. the responsibility of a generator or owner of waste to ensure that it is handled, transported and disposed of in an appropriate manner) for waste and waste ownership by the waste generator will be adopted by the proposed project throughout the construction, commissioning and operation of the project. During construction and commissioning, the contractor will be responsible for duty of care whereas during operations, the Proponent will be the duty holder.

In general, the contractor will be required to develop construction specific Waste Management Plans prior to the start of construction work. At the start of the construction contract, the contractor will undertake a waste minimization/treatment/disposal study, guided by the project waste management strategy. The study will identify and quantify the expected wastes and describe:

§ Proposals for reduction, treatment processing; Environmental and Social Impact Assessment Study Report 19 Runji Consulting Group Ltd

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§ Third parties to whom waste will be transferred for re-use; § Liaisons with the local Councils to identify and document suitable council disposal sites; ground, landfill and incineration facilities; § Other locations of landfills or waste storage sites to be adopted if local Council facilities are inadequate; § On site incineration facilities to be adopted if local Council facilities are inadequate. The findings of the study will be used in the development of the construction waste management plans which must adhere to the EMCA - Waste Management regulations of 2006. All agreements entered into must and best practice strategies must be clearly stated.

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3. ENVIRONEMTAL AND SOCIAL IMPACT ASSESSMENT METHODOLOGY

3.1. APPROACH TAKEN IN THE ESIA

The ESIA approach with respect to the proposed road construction should be as follows:

i. Scaling and work evaluation (determination of geographical and other boundaries; preliminary assessment); ii. Detailed assessment based on: project design and technologies vis-à-vis environment, social, cultural and economic considerations of the project area; evaluation of pre-existing environmental, social, cultural and economic conditions, pressures and impacts; identification and evaluation of potential environmental, social, cultural and economic impacts that may arise from the proposed project; public consultations to explain what the proposed project is all about and to receive their views, perceptions, concerns and local expert knowledge and advice with respect to the proposed project; iii. Determination/evaluation of the significance of the potential project impacts and recommendation of mitigation measures; iv. Development of an Environmental and Social Management Plan and Monitoring Programme; and decommissioning of some project facilities; and v. Preparation of the ESIA Project Report.

3.2. COLLECTION OF BASELINE DATA

3.2.1. OVERVIEW OF METHODS

Methodology used for preparation of this EIA report is stated in the steps below:

i. Screening of the project, a process that identified the project as being among those requiring EIA Study report under schedule 2 of the EMCA Cap 387 and EMCA (Amendment) 2015, ii. A scoping exercise that identified the key issues to be addressed in the assessment. iii. Documentary review on the nature of the proposed activities, policy and legal framework, environmental setting of the area and other available relevant data/information.

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iv. Public participation and discussions with the local community, proponent and the project team. v. Physical investigation of the site and the surrounding areas using a pre-prepared checklist identifying possible environmental and human safety issues that are likely to be affected, vi. Reviewing the proposed project designs and implementation plan/schedules with a view to suggesting suitable alternatives, vii. Developing an EMP outline with responsibilities, schedules, monitorable indicators and time frames among other aspects, viii. A comprehensive report including issues as listed in the Environmental (Impact Assessment) Regulations 2003. The data used for developing the EIA can be categorized into two, primary and secondary data, as tabulated in Table 3-1 below .

Table 3-1: Sources of data

Type of Data Source of Data

Primary data Formal/informal interviews, field observations, pictures, questionnaires, views from resident attendees during the public meeting and inputs from the project team

Secondary data Published books, official government documents and statutes, plans, reports and documentation from members of the project team.

Primary data was collected from information gathered directly from the respondents. It included interviews and focused group discussions which were held at West Wind Hotel and Paramount Hotel on 28 th Jan, 2019 in Meru County. In focus group discussion forum, key stakeholders had the opportunity to interact with one another and discuss about their key concerns on the proposed road. Secondary data was collected from the documented information from the County’s Integrated Management Plan report, published materials, books, journals as well as internet research from reliable websites were reviewed and project relevant information deduced. In order to gain public views and concerns with regards to the proposed road, public living in close proximity to the project road were consulted. Consultative meetings were held at Environmental and Social Impact Assessment Study Report 22 Runji Consulting Group Ltd

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Ng’onyi, Gitimbine and Ruiri. Field work was done in the month of January 2019 from 21 st to 30 th .

3.2.2. PHYSIOGRAPHY AND GEOLOGY

Baseline information for the physiography and geology within the proposed project site was done through reviewing the existing secondary data. Field visits from Ng’onyi to Ruiri junction were done and relevant information was gathered. The materials and pavement design team visited the project area in January 2019 and carried detailed materials investigation on the geology.

3.2.3. SOILS

The alignment soils were investigated through excavation of trial pits at 0.5 km intervals. Each trial pit was accurately logged and samples retrieved for lab testing. To determine the types of soils, Standard laboratory tests conducted. Results of the tests are given in detail in the soils and pavement report. Qualitative and quantitative research methods were used to provide insights into the possible impacts and generating baseline data for reviewing the possible impacts.

3.2.4. CLIMATE

Climate data for Meru County where the proposed project road transverses was collected from the Kenya Meteorological Department as well as the available secondary data.

3.2.5. AIR QUALITY

Expansion of existing roads and the consequent increase in traffic volumes often enhance air pollution along these roads. Air pollutants adversely affect human health, soil fertility, plants, buildings and the physical environment. This form of pollution must thus be minimized alongside the development of roads.

Cost effective mitigation measures can only be developed upon assessment of prevailing ambient air quality. The Environmental Management and Coordination Act, 1999 actually makes it mandatory to carry out environmental impact assessments prior to road expansion projects. Air quality assessment was accordingly carried out along six roads within Meru Town and its environs on 13 th and 14 th March 2020. These sites were in: Ng’onyi Area, Gitimbine Area, Central Meru Town (next to Interdenominational Meru Police and Community Chapel), Central Meru Town (Makutano Area), Gitooro Showground Area and at Ruiri Junction. Environmental and Social Impact Assessment Study Report 23 Runji Consulting Group Ltd

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Sample Collection Air samples were collected using a portable battery driven suction pump whose flow rate was 3.67 litres per minute. The air was scrubbed through suitable trapping solutions for sulphur dioxide and nitrogen dioxide for periods of 15 minutes per sample. Total suspended particulate matter (dust) was trapped in pre-weighed and pre-conditioned membrane filters

for the same period. The CO/CO 2 Portable Combustion Analyzer was utilized for measurement of concentrations of carbon monoxide in ambient air. Volatile organic compounds were collected in appropriate air bags and preserved for subsequent chemical analysis.

Plate 3-1: Air sampling in Gitooro showground area (in the environs of Meru Town), March 2020

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Plate 3-2: Air sampling at Ruiri junction (in the environs of Meru Town), March 2020

Quantitative Determination 1. Sulphur dioxide was determined quantitatively using the Pararosaniline method. 2. Nitrogen dioxide was determined quantitatively using the Modified Griess-Saltzman method. 3. The Filtration Technique followed by gravimetric analysis was used to determine the airborne concentrations of total suspended particulate matter (dust).

4. The concentrations of carbon monoxide were determined using the CO/CO 2 Portable Combustion Analyzer PCA*3. 5. Volatile Organic Compounds were determined quantitatively using Gas Chromatography.

3.2.6. SURFACE AND GROUNDWATER RESOURCES / WATER QUALITY

Water sample for assessing water quality were obtained from Kathita River. Water feature type tested include total dissolved solids (ppm), total alkalinity (ppm), sulphates and chlorides.

3.2.7. TERRESTRIAL / AQUATIC ENVIRONMENT

Study design involved field surveys to sample the different biodiversity groups in the different study sites and was supported by desktop survey of literature. The field observations were improved by interview on the locals as not all present species could be encountered Environmental and Social Impact Assessment Study Report 25 Runji Consulting Group Ltd

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during the field survey. This information was then verified by comparing it with the literature distribution of the concerned species. Sampling sites were located along the proposed Meru A9 Road Project in areas with potential concentration of animals and trees, area with rivers (permanent and seasonal), and wetlands (swamps – permanent and seasonal). Sampling that was carried out included: ü Plant sampling: The plot-less method will be employed in assessment of wetland and riparian (or riverine) plant species. This method was used to study the vegetation types and the plant diversity within the project site and adjacent riverine areas. Random walks were made into various habitat types that are likely to be affected by change of river regimes ü Aquatic macro invertebrate survey: This group includes invertebrate species that can be retained by a 500 – 600 micron mesh screen. Species that are likely candidates for sampling include aquatic insects such mayfly, dragonfly and caddis fly larvae), aquatic worms, amphipods (scuds), leeches, clams and snails. Kick-sampling was used for three minutes kicking/sweeping water media using a standard 1 mm mesh pond (hand) net. Loose pebbles were turned to observe invertebrates hiding under stones. ü IUCN Red list of threatened species: Only species that were sighted within the project spatial scope were scrutinized against the IUCN Red list of threatened species.

3.2.8. LAND RESOURCES

Existing literature from Meru County Government was reviewed, in which details on land resources within the areas where the road will traverse were obtained. This included Meru County integrated development plans, geology and mineral resources and maps.

3.2.9. VISUAL AESTHETICS

Available source of information on landscape was reviewed. This included consulting maps, literature, photo-maps, flora, geology; rivers and streams; trees, shrubs; built-up areas landscape features of symbolic or historical value; landmarks and land forms. People living within the areas that will be affected by the proposed project were consulted in order to check whether there are areas considered to be of aesthetic importance. Further:

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ü The areas influenced with visual aesthetics were accessed through the consultant’s judgments of the visibility of the road corridor. The visibility was based on the viewpoint of drivers using the road, the inhabitants of the area and local informants. ü Relevant baseline information based on the current road alignment was gathered. This included the locations of conservation areas close to the project site, scenic landscapes, watercourses and plains. The information will be reviewed along with the final alignment to access whether the alignment will not impact on the areas of aesthetic beauty.

3.2.10. NOISE AND VIBRATIONS

Receptors and Method to be used in Noise Sampling Noise survey methodology will involve the measurement of noise levels, to be taken at identified noise receptors within the proposed road corridor and as per the ISO 1996 Parts 1, 2, 3 standards, which entails the following: ü Inspection of the monitoring locations and the implicated activities ü Compiling photographic reports of the monitoring locations and surroundings. ü Calibration of the sound level meter before and after each measurement. ü At all positions the spot check was held approximately 1.5m above ground level. ü Noise levels to be expressed in decibels, A-weighted sound pressure level (dBA). ü The noise level for each point was measured and the following were recorded: ü Measurement time and durations (15-minute measurements). ü The equivalent noise level (LAeq), maximum sound pressure level (LAmax), minimum sound pressure level (LAmin) and LAPEAK(MAX) ü Statement of on-site calibration verification before and after each series of measurements. ü Sources of Noise

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Plate 3-3: Noise levels measurement in Makutano area (Central Meru Town), March 2020

3.2.11. SOLID AND LIQUID WASTES

Observations on current status of waste management with built up areas- especially trading centres: Gitimbine, Meru town, and Makutano junction were noted. Waste management guidelines from NEMA were also reviewed. The noted guidelines will be applied by the contractor during construction period. This will be pursuant to Environmental Management and Co-ordination Act, (Waste Management Regulations) 2006, Part II, Solid Waste, which has provisions on disposal methods.

3.2.12. PUBLIC CONSULTATIONS AND SOCIO -ECONOMICS

In order to gain public views, concern and values with regard to the proposed project road, public living in close proximity to the project road were consulted. Through this, it is anticipated that transparency and accountability in the final project report would be achieved. Possible conflicts between the key stakeholders, PAPs, community members living in close proximity to the project road, interested parties, mandated government agencies, among others, would be addressed and solved at an earlier stage. Possible delays in project implementation and extra costs will be avoided. A range of formal and informal consultative methods were used by the consultants' team who carried out EIA and RAP study, but not limited to: focus group discussions (FGDs), public meetings, community discussions, and in-depth and key informant interviews (KII). The

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consultants' team encouraged public participation in their consultations by informing members of public the meeting venues beforehand. The participants had the opportunity to express their opinion on priorities which the project should address. The key stakeholders identified for the proposed project included: · Communities/families/ individuals who are affected by the Project; · Mandated government agencies (KWS and Kenya Forestry Service, WRA, ) at the county level; · PAPs · County Government and Local leaders (County Commissioners, Deputy County Commissioners, Assistant County Commissioners, Chiefs, Assistant Chiefs, County, Sub County Administrators, among others).

Table 3-2: Details of Public Participation Meetings, Venues and Dates

No Venue of the Meeting Date No. of Attend ees

1 Ng’onyi Chief’s Camp 29 th Jan 2019 73

th 2 Ruiri Chief ’s Camp 30 Jan 2019 22

st 3 Gitimbine Chief ’s Camp 29 Jan 2019 53

th 4 West wind Hotel 28 Jan 2019 22

th 5 Paramount Hotel 28 Jan 2019 33

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Plate 3-4: First Stakeholders meeting at West Wind Hotel Meru

Plate 3-5: Second Stakeholders meeting at Paramount Hotel

Plate 3-6: Third Stakeholders meeting at Ng’onyi Chief’s Camp

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Plate 3-7: Fourth Public meeting at Gitimbine Chief’s Camps

Plate 3-8: Fifth public meeting/baraza at Ruiri Chief’s Camp

3.2.13. HEALTH AND PUBLIC SAFETY

Secondary data was acquired from the available literature from the counties, mainly the recent Counties integrated Development Plan. The data included demographic structure, population trends among others relevant to public and health safety. The data was reviewed along with available literature from reliable sources on health and public safety during road construction process. Field survey was done to collect the primary data on the location of various receptors such as settlements and trading centers close to the project road, health

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centres, location of services like schools and health facilities. The vulnerability of the identified receptors in relation to the proposed road alignment was noted.

3.2.14. KEY INFORMANT INTERVIEWS

A reconnaissance survey was carried out in January 2019 whereby the key informants from the county were identified and Consultation were later held and minuted. The key informants, apart from the local communities, are listed in Table 3-3 below. Table 3-3: List of Key Stakeholders S/NO. NAME ORGANIZATION/POSITION CONTACT

1. Hon. Abdul Rahim M.P-Imenti North [email protected] Dawood

2. Kibiti George Isaac Ward Administrator-CGM 07225588060

3. Douglas Kimathi Registrar-Meru National Polytechnic 0722646715 Mulandi

4. Robert Miruri MEWASS-General Manager 0721242980

5. Chris Kaberia MEWASS-TSM 0723153011

6. Doreen Kinoti Telkom 0771180046

7. Joseph Maina Youth Affairs-CDYA 0721591069

8. Solomon Mutea Assistant Chief-Gitimbine 0721326572

9. Salome Mukiri Assistant Chief-Gitimbine 0722978391

10. John Mwenda Chief 0725884363

11. Solomon Kinyua Senior Chief-Ng’onyi 0710979051

12. Kellen Mwendwa Assistant Chief 0729972344

13. Daniel Nchara Acting Chief 0720970229

14. Naftary Kathurima Gitimbine Traders/Plot Owners Chair 0725977875

15. Hon. Joshua Mutethia MCA 0727571605

16. Winrose Njoroge NCPB 0726255351

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17. Zachary Kirunji H/W Manager -Silverspread 0722417460

18. Mercy K. Maingi (Hsc) Area Chief-Kinoru 0720171111

19. Mwiti Kirigia Assistant Chief-Kinoru 0720664615

20. Dorothy N. Mutegi Assistant Chief -Ngao 0723428809

21. Margaret K. Gakubi Senior Assistant Chief- Ngao 0721639352

22. Denson M. Mbuui C.O Trade-CGM 0722702660

23. Mustaq Issac Mutindwa 0722888840

24. Kimanthi Kinoti Kaunjugi-Managing Director 0720228128

25. Mohammed Salim INTERIOR 0723318838

26. Jeremiah Lenya County Government [email protected]

27. Dr. Faith Gichovi Chief Principal-Meru TTC 0726794052

28. Josephine Koori Njue KEMU 0720810393

29. Lucy Kithinji Deputy Principal/Kaaga Girls 725202390

30. Kimathi Dennis Municipality Ward-MCA’s office 725202390

31. George Kuleesh G.O.K 720271756

32. Joseph Ndungu NPS-CIPU 713749141

33. Leonard M Kiura Meru Special School 721230815

34. Paul Baginde MCA-Ntima West 722590255

35. Eng. Dennis Kinyua Engineer-KURA (UE) 0712523278

36. Joel Motanya Inspector Roads-KURA (UE) 0720611677

37. Daniel Ntara A/G Chief- Kinoru 720970229

38. Naomi Kamau C.C- NLC 0722670938

39. Anzar Harun MD-Harun Ayub & Sons Ltd 0722885511

40. Kimathi Kinoti MD-Kaunjugi 0720228128

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41. John K. Migwi CPO-Interior 0710842550

42. Wachira Ng’ang’a KPLC-Design & Construction 0722679798 Engineer

43. Edward Muniu Magnate Ventures-Senior Operations 0721757732 Manager

44. David Mwaura Magnate Ventures-Head of 0720335260 Construction

45. Benjamin Marete Telkom-Manager 0770170022

46. Thinwa Kagai Telkom-Head of Facilities 0777270520

47. Martin Wachira Southern Arcarde-Manager 0702991249

48. James Njuguna Safaricom-In charge of Fibre Roll Out 0721738574

49. Ramadhan Soita Soliton-Telmec In charge of 0713501943 Safaricom Fibre Meru

50. David Kinoti Arithi Deputy Director Urban Development- 0724553353 CGM

51. Kathambi K. Ann Meru County Ward Administrator- 0725683022 Nyaki West

52. George L. Koleesh ACC-National Government 0720271756

53. Elias Murega MCA-KINORU 0724011233

54. Samwel Ndingu Ntere Assistant Chief -Kithoka 0720537251

55. George Koome Senior Chief-Nyaki West 0723340459

56. Kelvin Mbugua Muiruri Meru School 0714027280

3.3. DEVELOPMENT OF THE ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN

While appreciating the benefits on the social and economic front, it will be necessary to recognize the negative implications on the biological diversity and habitats along the route with specific focus on the sensitive ecosystems. The foregoing chapters of this report shows that the rehabilitation project poses issues of concern related to social and economic development as well as environmental conservation and for this reason, a comprehensive Environmental and Social Impact Assessment Study Report 34 Runji Consulting Group Ltd

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management plan outline would be necessary on the project implementation. The plan would provide the key environmental and social concerns, appropriate preventive actions and responsibilities, targets to be achieved and where possible estimate of the respective costs. The plan will also provide basic success indicators for monitoring purposes.

This management plan presents the key management principles that then defines a scope of the plan implementation. Broad indications of the responsibilities have also been discussed along with the possible implementation constraints anticipated while detailed actions are tabulated in a matrix for ease of reference and review. It should also be noted that the matrix is not complete in itself and continuous reviews would be necessary throughout the project implementation period. The guiding principles behind the road project are based on the national objective of enhancing environmental, social and economic benefits to the affected persons as well as sustainable national development and in compliance with the environmental laws (Environmental Management and Coordination Act (EMCA), Cap 387 and associated regulations as well as relevant sectoral statutes).

To achieve these objectives, the project should be acceptable to the majority and ensure minimal effects to the physical environment through integrated stakeholder consultations, evaluations and review of the design aspects throughout the project route and a sustained monitoring of the road upon commissioning. Precautions to ensure that damages to the environment are minimized calls for a concerted effort from the project management, the Contractor(s) and all stakeholders. The Resident Engineer is expected to discuss and convey the contents of this management plan, recommended mitigation/interventions outlined under the impact, instructions from NEMA as well as the wishes of the affected stakeholders to the Contractor and construction workers for integration in the construction process.

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4. CHAPTER 4 - POLICY, LEGAL AND REGULATORY FRAMEWROK

4.1. THE POLICY FRAMEWORK

4.1.1. THE CONSTITUTION OF KENYA 2010

Article 42 of the Bill of Rights of the Kenyan Constitution provides that “every Kenyan has the right to a clean and healthy environment, which includes the right to have the environment protected for the benefit of present and future generations through legislative and other measures”.

Under Chapter 5 (Land and Environment), Part 1 is devoted to land. It requires that land be used and managed in “a manner that is equitable, efficient, productive and sustainable”, and in accordance with the following principles:

(i) Equitable access to land; (ii) Security of land rights; (iii)Sustainable and productive management of land resources; (iv) Transparent and cost effective administration of land; and (v) Sound conservation and protection of ecologically sensitive areas. Part 2 of Chapter 5 of the Constitution is dedicated to environment and natural resources. Article 69 in Part 2 provides that the state shall;

(i) Ensure sustainable exploitation, utilization, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits; (ii) Work to achieve and maintain tree cover of at least ten per cent of the land area of Kenya; (iii)Encourage public participation in the management of, protection and conservation of the environment; (iv) Protect genetic resources and biological diversity; (v) Establish systems of environmental impact assessment, environmental audit and monitoring of the environment; (vi) Eliminate processes and activities that are likely to endanger the environment; and (vii) Utilize the environment and natural resources for the benefit of the people of Kenya. Further, Article 70 states that if a person alleges that a right to a clean and healthy environment recognized and protected under Article 42 has been, is being or is likely to be, denied, violated, infringed or threatened, the person may apply to a court for redress. The project should ensure compliance with the Constitution in so far as equitable sharing of the resources between the stakeholders is concerned. Further, the project should ensure that the sustainability of livelihoods and biological resources within the project areas are protected. Any development proposals should also be cognizant of the increased powers under the

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Constitution given to communities and individuals to enforce their rights through legal redress.

Vision 2030

a) The National Environmental Action Plan (NEAP) is one of the anchor policies that support environmental protection and relevant to this project. The NEAP was a deliberate policy effort to integrate environmental considerations into the Country’s economic and social development. The integration process was to be achieved through a Multi-sectoral approach to develop a comprehensive framework to ensure that environmental Management and conservation of natural resources are an integral part of societal decision-making. Relevance to the proposed project.

The NEAP has indicated how resources within particular sections of the country should be managed in order to ensure their sustainable utilization. The project should be implemented and operated based on these guidelines.

4.1.2. ENVIRONMENT AND DEVELOPMENT POLICY (S ESSIONAL PAPER NO. 6 OF

EMCA CAP 387).

The aim of this policy is to harmonize environmental and development goals so as to ensure sustainability. The paper provides comprehensive guidelines and strategies for government action regarding environment and development.

Relevance to the proposed project

The interaction of the proposed project with physical elements may lead to some negative impacts. Mitigation measures are therefore necessary to ensure balanced coexistence of the project and the surrounding environment and facilities.

4.1.3. THE NATIONAL POVERTY ERADICATION PLAN (NPEP).

The objective of NPEP is to alleviate poverty in rural and urban areas by 50 percent by the year 2015 as well as the capabilities of the poor and vulnerable groups to earn income. It also aims to narrow gender and geographical disparities and a healthy, better educated and more productive population. This plan has been prepared in line with the goals and commitments of the World Summit for the Sustainable Development (WSSD) of 1995.

Relevance to the proposed project.

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Since unemployment is among the indicators of poor societies, pursuits to address it build individuals capacity to relieve poverty. The job opportunities anticipated during the project cycle will aid in improving livelihoods for the beneficiaries.

4.1.4. SUSTAINABLE DEVELOPMENT GOALS (SDG’ S).

On September 25th 2015, countries adopted the United Nations Sustainable Development Goals (SDG’s) aimed at contributing towards ending poverty, protecting the planet, and ensurin g prosperity for all as part of a new sustainable development agenda. The SDG’s have very significant implications for investment needs and the role of the public sector is fundamental and pivotal. At the same time the contribution of the private sector is indispensable.

Relevance to the proposed project.

The proponent has committed to the SDG’s through the proposed development in the following ways:

Goal 8 -Decent work and economic growth.

Targets achieved: Employment creation that will contribute to reducing the proportion of youth not in employment.

4.2. KENYA LEGISLATION AND REGULATIONS

4.2.1. ENVIRONMENTAL MANAGEMENT AND COORDINATION ACT , CAP 387.

Section 58.(1) Of the Act states “Notwithstanding any approval, permit or license granted under this Act or any other law in force in Kenya, any person, being a proponent of a project, shall, before financing, commencing, proceeding with, carrying out, executing or conducting or causing to be financed, commenced, proceeded with, carried out, executed or conducted by another person any undertaking specified in the Second Schedule to this Act, submit a project report to the Authority, in the prescribed form, giving the prescribed information and which shall be accompanied by the prescribed fee”.

Relevance to the proposed project

Environmental Management and Coordination Act Cap 387 provide a legal and institutional framework for the management of the environmental related matters. This report has been prepared pursuant to section 58 (1) of this Act. Environmental and Social Impact Assessment Study Report 38 Runji Consulting Group Ltd

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4.2.2. EMCA (E NVIRONMENTAL IMPACT ASSESSMENT AND AUDIT ) REGULATIONS , 2003.

These regulations stipulate how an EIA project report should be prepared and specifies all the requirements that must be complied with. It highlights the stages to be followed, information to be made available, role of every stakeholder and rules to be observed during the whole EIA project report making process.

Relevance to the proposed project

The proposed project will be planned, designed, constructed and operated based on these regulations. It shall also be maintained and guided by the same regulations and an environmental. Audit study will be done periodically to monitor compliance with the set environmental standards.

4.2.3. EMCA (W ATER QUALITY ) REGULATIONS , 2006.

The Water Quality Regulations (2006) are contained in the Kenya Gazette Supplement No. 68, Legal Notice No. 120. Water Quality Regulations apply to water used for domestic, industrial, agricultural, and recreational purposes; water used for fisheries and wildlife purposes, and water used for any other purposes. Different standards apply to different modes of usage. These regulations provide for the protection of lakes, rivers, streams, springs, wells and other water sources. It is an offence to contravene the provisions of these regulations with a fine not exceeding five hundred thousand shillings.

In addition, of immediate relevance to the proposed project for the purpose of this Project Report is Part II Sections 4-5 as well as Part V Section24.Part II Section IV states that “Every person shall refrain from any act which directly or indirectly causes, or may cause immediate or subsequent water pollution”.

Part IV Section 24 states that “No person shall discharge or apply any poison, toxic, noxious or obstructing matter, radioactive wastes, or other pollutants or permit any person to dump any such matter into water meant for fisheries, wildlife, recreational purposes or any other uses”.

According to these regulations, “Every person shall refrain from any action which directly or indirectly causes, or may cause immediate or subsequent water pollution, and it shall be immaterial whether or not the water resource was polluted before the enactment of the Act”.

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Relevance to the proposed project The proponent/contractor shall take care and precaution not to pollute underground water or even surface water in anyway and if a pollution incidence occurs the contractor should notify the authority immediately.

4.2.4. EMCA (W ASTE MANAGEMENT ) REGULATION , 2006.

The Waste Management Regulations (2006) are contained in the Kenya Gazette No. 69, Legal Notice No. 121. The Waste Management Regulations are meant to streamline the handling, transportation and disposal of various types of waste. The aim of the Waste Management Regulations is to protect human health and the environment. The regulations place emphasis on waste minimization, cleaner production and segregation of waste at source. The regulation requires licensing of transporters of wastes and operators of disposal site (sections 7 and 10 respectively). Of immediate relevance to proposed development for the purposes of this project report is Part II Sections 4(1-2), 5 and 6.

Section 4 (1) states that “No person shall dispose of any waste on a public highway, street, road, recreational area or any other public place except in a design ated waste receptacle”.

Section 4(2) and 6 explain that the waste generator must collect, segregate (hazardous waste from non-hazardous) and dispose waste in such a facility that shall be provided by the relevant local authority.

Section 5 provides method of cleaner production (so as to minimize waste generation) which includes the improvement of production processes through conserving raw materials and energy.

In section 14 (1) every trade or industrial undertaking is obliged to install anti- pollution equipment for the treatment of waste emanating from such trade or industrial undertaking.

Relevance to the proposed project.

The Developer shall ensure that the garbage collector contracted has a valid license from the National Environment Management Authority (NEMA). So as to comply with this, the contractor shall take precaution not to dumb wastes in areas not registered and designated as so. Further, the project proponent shall be required to ensure, through public education and

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other law enforcement mechan ism to ensure that all road users don’t dump wastes along the road.

4.2.5. EMCA (N OISE AND EXCESSIVE VIBRATION POLLUTION CONTROL )

REGULATIONS , 2009.

These Regulations determine that no person or activity shall make or cause to be made any loud, unreasonable, unnecessary or unusual noise that annoys, disturbs, injures or endangers the comfort, repose, health or safety of others and the environment. In determining whether noise is loud, unreasonable, unnecessary or unusual, the following factors may be considered:

§ Time of the day; § Proximity to residential area; § Whether the noise is recurrent, intermittent or constant; § The level and intensity of the noise; § Whether the noise has been enhanced in level or range by any type of electronic or mechanical means; and, § Whether the noise is subject to be controlled without unreasonable effort or expense to the person making the noise.

Relevance to the proposed project.

The contractor shall be required to abide by these measures; ensure that all machineries are in good working condition to reduce noise.

4.2.6. EMCA (A IR QUALITY ) REGULATIONS , 2013.

The objective of these Regulations is to provide for prevention, control and abatement of air pollution to ensure clean and healthy ambient air. The general prohibitions state that no person shall cause the emission of air pollutants listed under First Schedule (Priority air pollutants) to exceed the ambient air quality levels as required stipulated under the provisions of the Seventh Schedule (Emission limits for controlled and non-controlled facilities) and Second Schedule (Ambient air quality tolerance limits).

Relevance to the proposed project

The proponent shall implement the mitigation measures provided in the EMMP to prevent air pollution.

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4.2.7. OCCUPATIONAL HEALTH AND SAFETY ACT , 2007 CAP 514.

The Act makes provision for the health, safety and welfare of persons employed in factories and other places of work. The provision requires that all practicable measures be taken to protect persons employed in the factory and other places of work from any injury. The provisions of the act are also relevant to the management of hazardous and non-hazardous wastes, which may arise at the project site. The act provides that all measures should be taken to ensure safety, health and welfare of all the stakeholders in the work place.

Relevance to the proposed project.

Workers and Neighbors’ safety will be given priority during construction phase of the project.

4.2.8. EMCA (C ONTROLLED SUBSTANCES ) REGULATIONS , 2007.

These Regulations controls the production, and consumption, as well as exports and imports of controlled substances. As regards, controlled substances are herein grouped into three lists, as below:

§ Group 1 list consists of halogenated flourochemicals with ozone depleting substances § Group 2 list consist of hydrobromoflourocarbons with ozone depleting substances § Group 3 list consist of bromochloromethane with ozone depleting substances

Products containing controlled substances include: air conditioners, air coolers, refrigerants, portable fire extinguishers, heat pump equipment, dehumidifiers, insulation boards, panels and pipe covers, prepolymers etc. It is thus recommended that this regulation be observed so as to ensure that equipment, machinery, vehicles and chemicals containing such components are not imported for project use.

Relevance to the proposed project.

It is recommended that the contractor of the proposed road project ensures that equipment, machinery, vehicles and chemicals containing such components are not imported for project use.

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4.2.9. EMCA (C ONSERVATION OF BIOLOGICAL DIVERSITY AND RESOURCES ,

ACCESS TO GENETIC RESOURCES AND BENEFIT SHARING ) REGULATIONS , 2006.

The Regulations requires proponents to conduct ESIA if their activities may have adverse impacts on ecosystems or lead to unsustainable use of natural resources or/and lead to introduction of exotic species. The regulation aims at increasing the coverage of protected areas and establishing new special status sites by providing guidelines for protecting endangered species. Section 5 of the regulation provides guidelines on Conservation of threatened species and Part III of the regulation guides on the access to genetic materials. The Section states that, the Authority shall, in consultation with the relevant lead agencies, impose bans, restrictions or similar measures on the access and use of any threatened species in order to ensure its regeneration and maximum sustainable yield.

Relevance to the proposed project.

It is recommended that landscaping programmes should involve use of certified plant species to prevent them from affecting project area negatively in terms of invading wetlands, vegetation and even farmlands. Erosion prevention techniques used by the contractor should not involve use of untested exotic plant species that might eventually colonize the project area.

4.2.10. THE PENAL CODE CAP 63.

Chapter XVII on “Nuisances and offences against health and convenience” contained in the penal code strictly prohibits the release of foul air into the environment which affects the health of the persons. It states “Any person who voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighborhood or passing along a public way is guilty of a misdemeanor”

Relevance to the proposed project.

Waste disposal and other project related activities shall be carried out in such a manner as to conform to the provisions of the code.

4.2.11. THE WATER ACT , 2016.

This Act of Parliament provides for the regulation, management and development of water resources, water and sewerage services. Environmental and Social Impact Assessment Study Report 43 Runji Consulting Group Ltd

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Part II section 9 of this Act states that every person has a right to access water resources, whose administration is the function of the national government. Part III section 11 states the establishment of the Water Resources Authority (WRA) whose functions are stipulated in section 12 and include but not limited to receiving water permits applications for water abstraction, collection of water permit fees and water use charges.

Section 63 of the act states that every person in Kenya has the right to clean and safe water in adequate quantities and to reasonable standards of sanitation as stipulated in Article 43 of the Constitution.

Section 143 states that a person shall not, without authority conferred under this Act;

a) Willfully obstruct, interfere with, divert or obstruct water from any watercourse or any water resource, or negligently allow any such obstruction, interference, diversion or abstraction; or

b) Throw, convey, cause or permit to be thrown or conveyed, any rubbish, dirt, refuse, effluent, trade waste or other offensive matter or thing into or near to any water resource in such manner as to cause, or be likely to cause, pollution of the water resource.

Section 147 states that a person who commits an offence under this Act, or under any Regulations or made under this Act, shall, if no other penalty is prescribed in respect of the offence, be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment.

Relevance to the proposed project

The proponent shall ensure that all provisions stated in the act and under any regulations are observed and that the EMP is implemented.

4.2.12. PUBLIC HEALTH ACT CAP 242.

Part IX section 115 of the Act states that No person shall cause a nuisance or shall suffer to exist on any land or premises owned or occupied by him or of which he is in charge any nuisance or other condition liable to be injurious or dangerous to health.

Section 116 requires that the local authorities (county governments) take all lawful, necessary and reasonably practicable measures for maintaining its district (counties) at all times in clean

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and sanitary condition, and for preventing the occurrence therein of, or for remedying or causing to be remedied, any nuisance or condition liable to be injurious or dangerous to health, and to take proceedings at law against any person causing or responsible for the continuance of any such nuisance or condition.

Part XII Section 136 states that all collections of water, sewage, rubbish, refuse and fluids which permits or facilitate the breeding or multiplication of pests shall be termed nuisances and are liable to be dealt with in the manner provided by this Act. Section 138 states that no person shall within a township permit any premises or lands owned or occupied by him or over which he has control to become overgrown with bush or long grass of such a nature as, in the opinion of the medical officer of health, to be likely to harbour mosquitoes.

Relevance to proposed project.

The contractor must ensure all collection of water, sewage, rubbish, refuse and other fluids which permits or facilitate the breeding or multiplication of pests are avoided especially at workmen camp site. The contractor must provide sanitary facilities to prevent open defecation in the project area

4.2.13. THE KENYA ROADS ACT , 2007.

The Act established the Kenya National Highways Authority in addition to other Authorities with clear and separated mandates. The Kenya National Highways Authority has the responsibility for the management, development, rehabilitation and maintenance of all National trunk roads.

For the purposes of discharging its responsibility, the Authority shall have the powers and duties to construct, upgrade, rehabilitate and maintain roads under its control.

4.2.14. THE NATIONAL LAND COMMISSION ACT , 2012 (N O. 5 OF 2012).

Section 5 of the Act outlines the Functions of the Commission, pursuant to Article 67(2) of the Constitution as follows 5(1):

§ To manage public land on behalf of the national and county governments; § To recommend a national land policy to the national government; § To advise the national government on a comprehensive programme for the registration of title in land throughout Kenya;

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§ To conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities; § To initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress; § To encourage the application of traditional dispute resolution mechanisms in land conflicts; § To assess tax on land and premiums on immovable property in any area designated by law; and § To monitor and have oversight responsibilities over land use planning throughout the country.

4.2.15. TRAFFIC ACT , CHAPTER 403.

This Act consolidates the laws relating to traffic on all public roads. It also prohibits the encroachment on and damage of roads including land reserved for roads. The proposed project is essentially under the provision of this Act. In compliance, engineering design will include road furniture that will assist motorists comply with the Act. The design is based on Kenyan Roads Design Manual

4.2.16. PUBLIC ROADS AND ROADS OF ACCESS ACT (C AP . 399).

Section 8 and 9 of the Act provides for the dedication, conservation or alignment of public travel lines including construction of access roads adjacent to lands from the nearest part of a public road. Section 10 and 11 allows for notices to be served on the adjacent land owners seeking permission to construct the respective roads. Already public meetings were held during public consultations and notifications to effect this.

4.2.17. WORK INJURY COMPENSATION BENEFIT ACT 2007.

This Act provides guidelines for compensating employees on work related injuries and diseases contacted in the course of employment and for connected purposes. The Act includes the provision of compulsory insurance for employees. The Act also defines an employee as any worker on contract of service with an employer. This Act is triggered by the proposed project and it is thus recommended that all workers contracted during the project implementation phase have the required insurance covers so that they can be compensated in case of injuries while working.

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All workers contracted during the project implementation phase must have the required insurance covers so that they can be compensated in case of injuries while working. The contractor must provide for compensating employees on work related.

4.2.18. SEXUAL OFFENCES ACT NO. 3 OF 2006.

An Act of Parliament to make provision about sexual offences, their definition, prevention and the protection of all persons from harm from unlawful sexual acts, and for connected purposes.

Section 8, (1) asserts t hat “A person who commits an act which causes penetration with a child is guilty of an offence termed defilement”. Sub section 2 further explain that if the person commits an offence of defilement with a child aged eleven years or less shall upon conviction be sentenced to imprisonment for life. Section (3) clarifies that any person who commits an offence of defilement with a child between the age of twelve and fifteen years is liable upon conviction to imprisonment for a term of not less than twenty years. The Act on section 23 gives more details on any one in position of authority, or holding a public office, who persistently makes any sexual advances or requests which are unwelcome, is guilty of the offence of sexual harassment and shall be liable to imprisonment for a term of not less than three years or to a fine of not less than one hundred thousand shillings or to both. This Act therefore gives the public and the workers of the road project the right to report any indecent behaviour to a court of law and protects children and young girls from defilement.

Section 26. (1) of the Act states that any person who, having actual knowledge that he or she is infected with HIV or any other life threatening sexually transmitted disease intentionally, knowingly and wilfully does anything or permits the doing of anything which he or she knows or ought to reasonably know -

(a) Will infect another person with HIV or any other life threatening sexually transmitted disease;

(b) Is likely to lead to another person being infected with HIV or any other life threatening sexually transmitted disease;

(c) Will infect another person with any other sexually transmitted disease,

The Act prohibits a wide range of sexual offences including rape of all kinds, indecent acts, incest, pornography, child trafficking, etc.

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In compliance, Code of conduct for contractors is necessary and HIV and AIDS prevention measures are mandatory.

4.2.19. THE VALUERS ACT CAP 532.

The valuation practice in Kenya is governed by the Valuers Act Cap 532, which provides for a Valuers Registration Board that regulates the activities and conduct of registered valuers. Valuers in Kenya are registered upon application to the Board and are required to be full members of the Institution of Surveyors of Kenya (ISK). The Act governs the formation and composition of valuation practices including the qualification of partners and directors in charge of valuation. The Board also deals with discipline and complaints in respect to valuation practice.

The project proponent will comply with the Act by ensuring that registered / certified land valuers are involved in the proposed acquisition of private land for the proposed road realignment which will carried be out in line with the provisions of this law.

4.2.20. THE EMPLOYMENT ACT , 2007.

An Act of Parliament to repeal the Employment Act, declare and define the fundamental rights of employees, to provide basic conditions of employment of employees, to regulate employment of children, and to provide for matters connected with the foregoing. The project proponent will be advised to ensure that appointed contractors comply with the Act.

4.2.21. FOREST ACT , CAP 385.

The Act guides for the establishment, development and sustainable management, including conservation and rational utilization of forest resources for the socio-economic development of the country. The Act also provides guidelines for management and, registration of forests and is supported by the Forests Act, No. 7 of 2005. The contractor is advised against firewood collection to be used on workmen camp from any forest along the road corridor.

4.2.22. THE WAYLEAVE ACT .

The areas zoned for communication lines, sewer lines, power lines, water pipes etc are known as way- leaves. The Wayleave Act prohibits development of any kind in these designated areas. Thus any developer is bound by this Act to see to it that no development takes place in these areas. The proposed project will not encroach on any wayleave and will leave the required space for such services.

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4.2.23. THE KENYA ROADS ACT – (C AP 399) NO. 2, 2007.

An Act of Parliament that provides for the establishment of the Kenya National Highways Authority, the Kenya Urban Roads Authority and the Kenya Rural Roads Authority with clear and separated mandates. Part II of the Act establishes the various Roads Authorities in Kenya and outlines their functions.

Section 8 and 9 of the Act provides for the dedication, conservation or alignment of public travel lines including construction of access roads adjacent to lands from the nearest part of a public road. Section 10 and 11 allows for notices to be served on the adjacent landowners seeking permission to construct the respective roads. Already public meetings were held during public consultations and notifications to this effect issued.

Section 23 of the Act outlines procedures for acquisition of land for the purpose of the Authority’s development while Section 24 (1) allows any authorized employee of an Authority to enter upon any land and survey such land or any portion thereof for the purposes of the Authority’s development activities. Section 24 (2) provides that where any damage to land is caused by reason of the exercise of the powers conferred by this section, the owner or occupier of the land shall be entitled to compensation therefore in accordance with this Act.

By undertaking this project, the project proponent is exercising his mandate and, therefore, has the powers and duties to construct, upgrade, rehabilitate and maintain roads under its control.

4.2.24. THE LANDS ACT , 2012.

The new laws require all land in Kenya, whether private, public or community land, to be registered. The new laws therefore make provision for the registration of community land, which is the predominant land tenure system in the project area. However, substantive provisions on the administration and management of community land will be enacted by 2015 as required by the Constitution. The process of compulsory acquisition of land is now more transparent and will be managed by the Commission. In addition, the process requires that the award of compensation (determination of amount payable) will be made prior to the Government taking possession of the land. The Commission is expected to promulgate rules to regulate the assessment of just compensation.

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4.2.25. THE LAND REGISTRATION ACT , NO.5 OF 2012.

This was an Act of Parliament to revise, consolidate and rationalize the registration of titles to land, to give effect to the principles and objective of devolved government in land registration, and for related purposes. The Act has repealed the following land related laws:

§ The Indian Transfer of Property Act 1882 § The Government Lands Act, (Cap 280) § The Registration of Titles Act, (Cap 281) § The Land Titles Act, (Chapter 282) § The Registered Land Act, (Cap. 300) Section 26 of the Act states that Certificate of Title to be held as conclusive evidence of proprietorship, except: on the ground of fraud or misrepresentation to which the person is proved to be a party; or where the Certificate of Title has been acquired illegally, unprocedurally or through a corrupt scheme.

The project proponent will comply with the Act by verifying the land ownership status before acquiring private land for the proposed road realignment/expansion at all the sections.

NATIONAL ENVIRONMENT AND MANAGEMENT AUHORITY CAP 387 AND ASSOCAITED REGULATIONS

4.2.26. NATIONAL ENVIRONMENTAL MANAGEMENT AUTHORITY (NEMA).

The responsibility of the National Environment Management Authority (NEMA) is to exercise general supervision and, co-ordination of all matters relating to the environment and to be the principal instrument of government in the implementation of all policies relating to the environment. The Authority shall review the ESIA report for the proposed project, visit the project site to verify information provided in the report and issue an ESIA license if it considers that all the issues relevant to the project have been identified and mitigation measures to manage them proposed.

4.2.27. THE STANDARDS AND ENFORCEMENT REVIEW COMMITTEE .

In addition to NEMA, the Act provides for the establishment and enforcement of environmental quality standards to be set by a technical committee of NEMA known as the Standards and Enforcement Review Committee (SERC). NEMA through EMCA has established standards for the various environmental parameters that require management and these include the water quality standards, noise and vibration control standards, and the waste

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management standards, amongst other. The committee through the Compliance and Enforcement Department of NEMA monitors the compliance level of various projects to ensure pollution control standards are implemented. The committee also follows on pollution complaints reported by the public.

4.2.28. NATIONAL ENVIRONMENTAL TRIBUNAL (NET)..

This tribunal guides the handling of causes related to environmental offences in the Republic of Kenya. If disputes to the proposed project arise, they are supposed to be presented here for hearing and legal direction.

4.2.29. THE KENYA NATIONAL HIGHWAY AUTHORITY (K ENHA).

Vision: A leading Highways Authority committed to quality, safe and adequate national trunk roads.

Mission: To construct and manage national trunk roads those enhance socio-economic growth and prosperity.

KeNHA Mandate: To manage, develop, rehabilitate and maintain national roads.

Core Values: As a public sector institution, we are dedicated to excellence and provision of high quality professional services to our customers. The values that will guide us in achieving our vision and mission are:-

a) Quality Service : KeNHA is committed to delivery of the best quality services to customers and stakeholders at all times through regularly trained and dedicated staff.

b) Good Corporate Governance : KeNHA will embrace and practice good corporate governance. In this regard, we shall ensure that all our processes and procedures are marked by efficiency , effectiveness , transparency and integrity . KeNHA will strive to build and maintain the trust of the public and stakeholders.

c) Professionalism : KeNHA will in all its actions and interactions maintain ethical behavior , professional etiquette , honesty and timeliness . d) Teamwork and Partnership : KeNHA shall foster a teamwork environment characterized by inter-departmental consultations, good working relations with other Government institutions, private sector, non-Government organizations and international bodies.

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e) Equality and Fairness : KeNHA will ensure fairness , equality and equity in employment and service delivery. f) Innovativeness : Innovativeness and creativity shall be the hallmark of KeNHA activities as we initiate and adapt to change. g) Environmental Stewardship : KeNHA will develop, manage, rehabilitate and maintain national trunk roads taking into consideration environmental safeguards.

Core Functions:

§ Constructing, upgrading, rehabilitating and maintaining roads Class A, B, C roads § Implementing road policies in relation to national roads. § Ensuring adherence to the rules and guidelines on axle load control prescribed under the traffic act and any regulations under this act. § Ensuring that the quality of roads works is in accordance with such standards as may be defined by the minister. § Collecting and collating all such data related to the use of national roads as may be necessary for efficient forward planning under this act.

4.3. INTERNATIONL BEST PRACTICES, STANDARDS AND CONVENTIONS

Kenya is a signatory or / a party to various international conventions, treaties and protocols relating sustainable use of natural resources and environmental protection. These agreements are both regional and international and became legally binding on Kenya upon ratification thereof by the rightfully designated Kenyan Authority. Some of these treaties include: -

a) United Nations Convention to Combat Desertification (UNFCCC) The convention requires parties to take climate change considerations into account in their relevant social, economic and environmental policies and actions. Relevance to this project The designs of the proposed project will take into consideration the climate change and adapt to it. We propose a design that will be able to take care of erratic flush rains – proper drainage to handle storm water especially in the towns. Bridges should also take into consideration the extreme temperatures due to climate change. The proponent commissioned this ESIA with the aim of minimizing adverse effects of the project on the economy, on public health and on the quality of the environment.

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The requirements of this convention can be mitigated to reduce impacts on climate change by growing trees suitable for the area to act as carbon sinks along the road. b) Convention on Biological Diversity, 1992 The Convention requires Parties to use EIA effectively to avoid or minimize significant adverse impacts on biodiversity; it introduces Strategic Environmental Assessment (SEA) to assess environmental implications of policies and programmes particularly for those with major implications on natural resource use. Relevance to this project The section between the Meru National Polytechnic and Gitooro showground has a natural forest with indigenous trees and wildlife. We have suggested some mitigation measures to be implemented during the project implementation and ESMP to ensure conservation of the biodiversity. c) The Convention on Wetlands of International Importance The convention seeks to ensure the wise use of all wetlands and provides stringent guidelines for the conservation of those wetlands listed in the List of Wetlands of International Importance. The proposed project will not traverse through such areas except the Kathita River where a bridge will be constructed without interfering with the river flow. d) Convention on the Protection of World Cultural and Natural Heritage, 1972 The convention requires parties to adopt effective measures that include assessment of the feasible project alternatives to prevent or minimize or compensate for adverse impacts and assess the nature and extent of potential impacts on natural heritage resources, and designing and implementing mitigation plans. The convention also protects threatened plants. The designs proposed alignment along the existing road and hence will have minimum adverse effects on natural or indigenous vegetation. Where the situation is unavoidable, replanting will be done after the project is completed.

4.4. NATIONAL ENVIRONMENT AND MANAGEMENT AUHORITY CAP 387

AND ASSOCAITED REGULATIONS

4.4.1. NATIONAL ENVIRONMENTAL MANAGEMENT AUTHORITY (NEMA).

The responsibility of the National Environment Management Authority (NEMA) is to exercise general supervision and, co-ordination of all matters relating to the environment and

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to be the principal instrument of government in the implementation of all policies relating to the environment. The Authority shall review the ESIA report for the proposed project, visit the project site to verify information provided in the report and issue an ESIA license if it considers that all the issues relevant to the project have been identified and mitigation measures to manage them proposed.

4.4.2. THE STANDARDS AND ENFORCEMENT REVIEW COMMITTEE .

In addition to NEMA, the Act provides for the establishment and enforcement of environmental quality standards to be set by a technical committee of NEMA known as the Standards and Enforcement Review Committee (SERC). NEMA through EMCA has established standards for the various environmental parameters that require management and these include the water quality standards, noise and vibration control standards, and the waste management standards, amongst other. The committee through the Compliance and Enforcement Department of NEMA monitors the compliance level of various projects to ensure pollution control standards are implemented. The committee also follows on pollution complaints reported by the public.

4.4.3. NATIONAL ENVIRONMENTAL TRIBUNAL (NET).

This tribunal guides the handling of causes related to environmental offences in the Republic of Kenya. If disputes to the proposed project arise, they are supposed to be presented here for hearing and legal direction.

4.4.4. THE KENYA NATIONAL HIGHWAY AUTHORITY (K ENHA).

Vision: A leading Highways Authority committed to quality, safe and adequate national trunk roads.

Mission: To construct and manage national trunk roads those enhance socio-economic growth and prosperity.

KeNHA Mandate: To manage, develop, rehabilitate and maintain national roads.

Core Values: As a public sector institution, we are dedicated to excellence and provision of high quality professional services to our customers. The values that will guide us in achieving our vision and mission are:-

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h) Quality Service : KeNHA is committed to delivery of the best quality services to customers and stakeholders at all times through regularly trained and dedicated staff.

i) Good Corporate Governance : KeNHA will embrace and practice good corporate governance. In this regard, we shall ensure that all our processes and procedures are marked by efficiency , effectiveness , transparency and integrity . KeNHA will strive to build and maintain the trust of the public and stakeholders.

j) Professionalism : KeNHA will in all its actions and interactions maintain ethical behavior , professional etiquette , honesty and timeliness . k) Teamwork and Partnership : KeNHA shall foster a teamwork environment characterized by inter-departmental consultations, good working relations with other Government institutions, private sector, non-Government organizations and international bodies. l) Equality and Fairness : KeNHA will ensure fairness , equality and equity in employment and service delivery. m) Innovativeness : Innovativeness and creativity shall be the hallmark of KeNHA activities as we initiate and adapt to change. n) Environmental Stewardship : KeNHA will develop, manage, rehabilitate and maintain national trunk roads taking into consideration environmental safeguards.

Core Functions.

§ Constructing, upgrading, rehabilitating and maintaining roads Class A, B, C roads § Implementing road policies in relation to national roads. § Ensuring adherence to the rules and guidelines on axle load control prescribed under the traffic act and any regulations under this act. § Ensuring that the quality of roads works is in accordance with such standards as may be defined by the minister. § Collecting and collating all such data related to the use of national roads as may be necessary for efficient forward planning under this act.

4.5. INTERNATIONL BEST PRACTICES, STANDARDS AND CONVENTIONS

Kenya is a signatory or / a party to various international conventions, treaties and protocols relating sustainable use of natural resources and environmental protection. These agreements

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are both regional and international and became legally binding on Kenya upon ratification thereof by the rightfully designated Kenyan Authority. Some of these treaties include: -

(a) United Nations Convention to Combat Desertification (UNFCCC) The convention requires parties to take climate change considerations into account in their relevant social, economic and environmental policies and actions. Relevance to this project The designs of the proposed project will take into consideration the climate change and adapt to it. We propose a design that will be able to take care of erratic flush rains – proper drainage to handle storm water especially in the towns. Bridges should also take into consideration the extreme temperatures due to climate change. The proponent commissioned this ESIA with the aim of minimizing adverse effects of the project on the economy, on public health and on the quality of the environment. The requirements of this convention can be mitigated to reduce impacts on climate change by growing trees suitable for the area to act as carbon sinks along the road. (b) Convention on Biological Diversity, 1992 The Convention requires Parties to use EIA effectively to avoid or minimize significant adverse impacts on biodiversity; it introduces Strategic Environmental Assessment (SEA) to assess environmental implications of policies and programmes particularly for those with major implications on natural resource use. Relevance to this project The section between the Meru National Polytechnic and Gitooro showground has a natural forest with indigenous trees and wildlife. We have suggested some mitigation measures to be implemented during the project implementation and ESMP to ensure conservation of the biodiversity. (c) The Convention on Wetlands of International Importance The convention seeks to ensure the wise use of all wetlands and provides stringent guidelines for the conservation of those wetlands listed in the List of Wetlands of International Importance. The proposed project will not traverse through such areas except the Kathita River where a bridge will be constructed without interfering with the river flow. (d) Convention on the Protection of World Cultural and Natural Heritage, 1972 The convention requires parties to adopt effective measures that include assessment of the feasible project alternatives to prevent or minimize or compensate for adverse

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impacts and assess the nature and extent of potential impacts on natural heritage resources, and designing and implementing mitigation plans. The convention also protects threatened plants. The designs proposed alignment along the existing road and hence will have minimum adverse effects on natural or indigenous vegetation. Where the situation is unavoidable, replanting will be done after the project is completed.

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5. CHAPTER 5 - BASELINE ENVIRONMENTAL AND SOCIAL PARAMETERS

5.1. INTRODUCTION

This chapter will describe the baseline environmental and social settings. It will mainly entail environmental baseline survey and environmental-related social and economic baseline.

5.1.1. LAYOUT OF THE CHAPTER

Issues that will be addressed in the introduction section will be Geographical Aspects and Boundaries; Administrative Set-up; Communications and Transport; Government, Non- Governmental and Community Based Organizations. Environmental baseline survey will address Physiography and Geology, Soils, Climate, Air Quality, Surface and Groundwater Resources, Water Quality and Terrestrial Environment all within the areas traversed by the project. Further Aquatic Environment, Land Resources and Parks, Archaeological, Historical and Cultural Sites, Visual Aesthetics, Noise and Vibrations and management of Solid and Liquid Wastes will all be addressed. Environment-related Social and Economic Baseline aspects will address the following issues: Demography, Education, Housing, Land Tenure Systems, Labour Force, Livestock and Crop Production, Trade, Commerce and Industry, Health Settings, Security and Public Safety, Community Views and Concerns and Corporate Social Responsibility.

5.1.2. GEOGRAPHICAL ASPECTS AND BOUNDARIES

Meru County is one of the Forty Seven (47) counties in Kenya, which is strategically located east of Mt. Kenya, whose peak cuts through the outskirt of its southern boundary. The county has a total area of 6,936.2Km 2 out of which 972.3Km 2 is gazetted forest. The county borders five counties; to the North it borders Isiolo County, to the East Tharaka/Nithi County, to the South West Nyeri County and to the West Laikipia County. It spans the equator lying 0 o6’ North and 0 o1’ south and between latitudes 37 o West and 38 o East.

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5.1.3. ADMINISTRATIVE AND POLITICAL UNITS

Administrative Subdivisions (Sub-counties, Wards and Villages) The county government administrative structure comprises of nine recognised (9) subcounties, forty five (45) wards and three hundred and ninety two (392) villages The 9 subcounties include: Imenti South, Meru Central, Imenti North, Buuri, Tigania East, Tigania West, Igembe Central Igembe South and Igembe North. Their corresponding wards are as shown on Table 1. For the national government administration, there are ten (10) recognised subcounties, namely Imenti South, Meru Central, Imenti North, Buuri, Tigania East, Tigania Central, Tigania West, Igembe Central, Igembe South and Igembe North; 28 divisions, 133 locations and 351 sub-locations.

Table 5-1: Area by Sub-county and Wards

Sub -County Wards Tigania East Mikinduri,Muthara, Kiguchwa, Thangatha, Karama Tigania West Mbeu,Nkomo,Kianjai,Akithi,Athwana Igembe North Naathu, Amwathi, Antubetwee/Kiongo, Ntunene and Antuambui. Igem be South Maua, Akachiu, Kiegoi/Antubochiu, Kanuni and Athiru Gaiti. North Imenti Nyaki East, Nyaki West, Ntima East, Ntima West and Municipality. South Imenti Igoji East, Igoji West, Abogeta East, Abogeta West, Nkuene, Mitunguu. Buuri Kisima, Ruiri/Rwar era, Timau, Kiirua/Naari and Kibirichia. Igembe Central Kangeta,Njia,Athriru Rujine,Akirangodu,Igembe East Meru Central Mwangathia, Abothuguchi Central, Abothuguchi West and Kiagu.

Source: IEBC, 2017

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Political units (Constituencies and Wards)

Meru County comprises of nine parliamentary constituencies and 45 electoral wards. The nine parliamentary constituencies are South Imenti, Imenti Central, North Imenti, Buuri, Tigania East, Tigania West, Igembe Central Igembe South and Igembe North as indicated in table 5-2. In addition, table 5-2 depicts the County administrative and political units. Table 5-2: County’s Electoral Wards by Constituency

Constituency Number of wards Tigania East 5 Tigania West 5 Igembe North 5 Igembe South 5 North Imenti 5 South Imenti 6 Buuri 5 Igembe Central 5 Central Imenti 4 Total 45 Source: IEBC, 2017

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Source: KNBS, 2009 Figure 5-1: Map of Meru County

5.1.4. COMMUNICATIONS AND TRANSPORT

a. Roads Network The county has 5,968 km of road network. This comprises of 582 km bitumen, 581 km gravel and 4,805 km of earth surface roads. This network is maintained by different road agencies such as KeRRA, KURA, KeNHA and County Government. Eighty percent of the earth roads are under the mandate of the county government. However during the rainy seasons, some sections of earth surface roads are impassable.

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b. Airports and Airstrips The county is served by the Isiolo International Airport and a number of airstripts, namely: Gaitu, Mitunguu and private airstrips which include; Lewa wild life conservancy, Meru national park, Kisima farm, Oldonyo farm, Embori farm and Maarania farm airstrips. c. Major Bus and Lorry Parks/Terminus Meru county has several upgraded bus parks which include; Nkubu offset, Kionyo, Nkubu main stage, Gitimbine, Gakoromone offset, Samrat, Riverland, G4S, Meru main stage, Personality, Makutano main stage, Makutano offset, Timau main stage, Kianjai offset, Maua Main stage, Kariene, offset, Laare and Maua offset. d. Information, Communication Technology Meru County Government has focused on the investment in information and Communication Technology (ICT) to improve governance and service delivery. Most private and public organizations/Institutions have embraced ICT in the day to day operations. There is high demand for internet services and communication requirements. Most of the areas in the county are covered by mobile phone network with the coverage being 95 per cent (http://www.oxfordbusinessgroup.com). The areas without mobile network coverage are mainly areas of Tigania East Sub-County. According to the Meru County Public Perception Survey Report of 2016, most of the community members rely on radio, television and newspapers as the major sources of information. The County has an active website http://meru.go.ke/ with an uptime of 98.9% is a reliable source of government information to the public with News Updates, Tenders, Jobs adverts and any other information needed by the public. The County has put in place a network backbone infrastructure centralized at the Headquarters connecting all the nine sub counties. This project is 70% complete and Communication channels have already been improved. It is on this project that automation platforms will be run decentralizing the operations to the sub counties and ward levels hence improving public access to County

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Services. Citizens are now able to pass the information and access county services through the ICT established call center (Call Center Phone Number – 0709241000). The existence of Huduma Centre in Meru has made it easy for the Meru county residents to access government services in time and at a cheaper cost under one stop shop. County Government of Meru intends to improve the ICT literacy levels through collaborations with the existing institutions to establish ICT training centres in sub-counties. The County intends to complete the backbone infrastructure to link all the sub counties to improve information flow and integrate the communication platforms. Automation of revenue will also be anchored on the main backbone infrastructure and the payment services will be portable and customized to be easily accessed by citizens at the cheapest costs.

5.1.5. GOVERNMENTAL , NON -GOVERNMENTAL AND COMMUNITY BASED

ORGANIZATIONS

a. Public Benefits Organizations (PBOs) The PBOs within the county include community based organisations, faith based organisations and self-help groups. These organisations are involved in various activities which range from income generating, creating advocacy on HIV/AIDS and mobilising communities to participate in various social economic activities. Meru County has total of twenty six NGOs operate in the county. These NGOs provide services to coun ty’s populace across all the sectors. Major NGOs include, Ripples international and AMREF among others. These organisations have been in the fore front in the fight against HIV/AIDS, Female genital mutilation, poverty, child abuse among other issues affecting the society b. Development Partners Table 5-3: List of Key Development Partners

S/No Development Sector Being Supported Partner

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S/No Development Sector Being Supported Partner 1 World Bank -Water and Irrigation -Environment, Wildlife and Natural Resource s - Legal Affairs, Public Service Management and Administration -Finance, Economic Planning and ICT -Agriculture, Livestock and Fisheries 2 USAID/UKaid - -Water and Irrigation DFID (AHADI) -Environment, Wildlife and Natural Resources - Legal Affairs, Public Service Management and Administration -Finance, Economic Planning and ICT 3 RED CROSS -Office of the Governor 4 DANIDA Health Services 5 GoK - SIDA Agriculture, Livestock Development and Fisheries 6 IFAD Agriculture, Livestock and Fisheries Water and Irrigation Natural Resources 7 Brook UK Agriculture, livestock and fisheries Source: County Data, 2017

c. Youth empowerment and social inclusion The largest segment of Meru population is the youth. Majority of them remain unemployed. There is therefore need to come up with intervention measures to alleviate the situation. In every ward, the department has constructed at least one boda-boda shed in support of the boda-boda operators’ majority of whom are the youth.

5.2. ENVIRONMENTAL BASELINE SURVEY

5.2.1. PHYSIOGRAPHY AND GEOLOGY

a. Physical and Topographic Features The county’s position on the eastern slopes of Mt Kenya and the equator has highly influenced its natural conditions. Altitude ranges from 300m to 5,199m above sea level. This has influenced the atmospheric conditions leading to a wide variety of

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microclimates and agro- ecological zones. The drainage pattern in the county is characterized by rivers and streams originating from catchment areas such as Mt. Kenya and Nyambene ranges in the North of the county. The rivers cut through the hilly terrain on the upper zones to the lower zones and drain into the Tana and Ewaso Nyiro Rivers. The rivers form the main source of water for both domestic and agricultural use. b. Geology

Landslides are some of the main geologic dangers or hazards in the county of Meru. These landslides pose risks to the lives of residents in the county and also to the biodiversity in the county. Major landslide hazards that have occurred in the world in the recent past are very devastating.

5.2.2. SOILS

The Greater Meru region is endowed with soils fertile soils and climatic conditions that allow for the production of a variety of commodities including wheat, barley, potatoes, millet, sorghum and maize. High grade tea, coffee, bananas and Miraa (Khat) are the key cash crops.

Project area consist of brown volcanic soil, Lateritic materials overlying a successive matrix of weathering products of clay which are interrupted by Basaltic, Phonolitic, Tuffaceous and Trachytic layers. Between these lava flows are the old land surfaces which are usually highly aquiferous.

5.2.3. CLIMATE

The distribution of rainfall ranges from 300mm per annum in the lower midlands in the North to 2500mm per annum in the South East. Other areas receive on average 1250mm of rainfall annually. There are two seasons with the long rains occurring from mid-March to May and short rains from October to December. Temperatures range from a low of 8 oC to a high of 32 oC during the cold and hot seasons respectively.

5.2.4. AIR QUALITY

Expansion of existing roads and the consequent increase in traffic volumes often enhance air pollution along these roads. Air pollutants adversely affect human health, soil fertility,

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plants, buildings and the physical environment. This form of pollution must thus be minimized alongside the development of roads.

5.2.5. SURFACE AND GROUNDWATER RESOURCES

The county has eleven (11) permanent rivers with major one being River Kathita which is a tributary to River Tana. The county has several shallow wells, protected springs, water pans, Public and Private Dams and boreholes. These form the major sources of water for domestic use and irrigation. water supply in some urban centres mainly from rivers originating from Mt. Kenya forest and Nyambene hills. Meru Water and Sewerage Company (MEWASS) is the only company licensed to supply water and sewerage services in Meru and Maua towns. IMETHA Water Company supplies water to all other towns and markets around the county. Other small water projects including church owned Diocese of Meru water and sewerage company (DOMWASCO) have been started through community initiatives due to high demand for domestic and irrigation especially in arid areas of the county.

The occurrence of the ground water in the area is characterized by several factors including the presence of weathered and fractured zones of the volcanic rocks. These weak zones have become the avenues of groundwater. The depth of the weathered and fractured volcanic rocks is found from 63 meters downwards which make it possible for the water to come from far as the weak zone is deep. The rainfall which averages about 1000 millimetres helps in replenishment of the groundwater.

5.2.6. WATER QUALITY

The quality of waters in the county is good hence recommended for both domestic use and irrigation as it originates from pristine catchment areas within Mount Kenya and Nyambene forests. Despite this, the land use practices and increase in use of agrochemicals in agriculture sector tend to pollute the water as it flows downstream.

5.2.7. TERRESTRIAL /AQUATIC ENVIRONMENT : FAUNA AND FLORA

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5.2.8. LAND RESOURCES AND PARKS

Meru County is endowed with environmental resources of immerse value. Directly and indirectly, wildlife resources contribute to the local and national economy through revenue generation and wealth creation. Wildlife conservation and protection programmes seek to sustainably manage and conserve environment and natural resources, undertaking various sub-programmes such as forest ecosystems management; fresh water and wetland ecosystems; waste management; pollution control; and radiation, toxic and hazardous substances management. In Meru County the Meru national park and Lewa conservancy are the wildlife conservation areas provides a favourable ecosystem that is rich in flora and fauna.

5.2.9. ARCHAEOLOGICAL , HISTORICAL AND CULTURAL SITES

Meru County is mainly a Christian stronghold. Although there are Catholics, Presbyterian and Anglican faithfuls, the Methodist church commands the largest following in this region, with Muslims and Hindus most of whom live around Meru town comprising the smallest religious group.

Culturally, the Ameru believed in an ancestral god called Murungu or Arega Kuthera. There was deep reverence for the spirit of the living dead. Ameru believed in offering sacrifices to their dead ancestors. The divine leader of the Ameru was called the Mugwe. These were respected persons who made sacrifices and performed healing on behalf of the tribe. However, with the arrival of Christianity, the cultural rites and functions have become obsolete.

5.2.10. VISUAL AESTHETICS

The aesthetic qualities of the landscape can be accessed from both in the non-built and in built-up areas. The visual qualities of the landscape and the character of the landscape are a result of the topography and the geology, the water resources in the area, the climate, human influence and other land use. New roads should not cause serious visual disturbance to the landscape. Where possible, the proposed road should enhance the aesthetic qualities of the landscape and within built up areas.

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The scenic sites include the vegetation along the road.

5.2.11. NOISE AND VIBRATIONS

Meru town enjoys a quiet and conducive environment since the noise and vibrations experienced are below the noise regulation standards. Noise and vibration will be expected during construction work, with impacts being experienced within the trading centres where the land will traverse. Within the quarries sites, which the Contractor will be at liberty to select, he will be expected to control the noise levels by using low tension explosives (class 2) that do not cause fright of fragments. Sampling of Noise and Vibrations will be done just before the project starts at sites which will be agreed upon by the OHS Advisor to the Contractor, the RE and the Client KeNHA. Tests will also be done at the identified quarry sites, which the Contractor will be extracting construction materials.

5.2.12. SOLID AND LIQUID WASTES

Waste and garbage disposal is mostly managed by the county government in the town centres and market places. To enhance solid waste management, the subsector purchased four additional waste trucks to the existing three to ensure each sub county has a lorry. The sub sector has engaged cleaning staff in major markets across the county. The county has three waste dumpsites that are annually maintained and have met 80% of minimum NEMA standards. To enhance onsite waste management, the sub sector is striving towards construction of waste staging receptacles in the major markets.

5.3. ENVIRONMENT-RELATED SOCIAL AND ECONOMIC BASELINE

5.3.1. SOCIAL CHARACTERISTICS

Demography The County’s population growth rate is estimated at 2.1 per cent per annum. The projected population of the county in 2018 is 1,635,264, consisting of 808,596 males and 826,668 females. The county population is projected to grow to 1,703,945 in 2020 and 1,775,511 in 2022. The growth in population will be a strain on available resources such as land, water and natural resources but on the other hand provides opportunity freely.

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Population Projections by Urban Centres The urban population is projected at 68,687 males and 70,007 females as at 2018 with approximately 60 per cent of the total urban population residing in Meru Town. The rise of urban population from 115,033 in 2009 to the projected figure of 150,587 in 2022 is expected to provide an expanding urban market but will also strain the available urban resources. This calls for prior planning of available resources and expansion of social and economic facilities in the urban areas to accommodate the expanding population. The growth in population within the urban centres will expand central markets for agricultural and industrial products within these centres that call for investment in the agricultural value chain to meet this demand. Creation of income generating opportunities, sensitizing the population against drug and substance abuse will also help check the crime rate which is usually high in urban areas

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Table 5-4: Population Projections by Age Cohort

Age Cohort 2009 2018 2020 2022 M F T M F T M F T M F T

0-4 96,281 94,618 190,899 116,08 114,07 230,163 120,959 118,871 239,830 126,039 123,863 249,903 4 9

5-9 92,235 91,013 183,248 111,20 109,73 220,938 115,877 114,341 230,218 120,744 119,143 239,887 6 2

10 -14 83,925 83,627 167,552 101,18 100,82 202,013 105,436 105,062 210,498 109,864 109,474 219,338 6 7

15 -19 66,694 68,934 135,628 80,412 83,112 163,524 83,789 86,603 170,392 87,308 90,241 177,549

20 -24 58,646 67,282 125,928 70,708 81,120 151,829 73,678 84,528 158,206 76,773 88,078 164,850

25 -29 57,824 62,432 120,256 69,717 75,273 144,990 72,645 78,435 151,080 75,696 81,729 157,425

30 -34 49,753 47,685 97,438 59,986 57,493 117,478 62,505 59,907 122,412 65,130 62,423 127,554

35 -39 38,562 37,611 76,173 46,493 45,347 91,840 48,446 47,251 95,697 50,481 49,236 99,717

40 -44 26,851 26,547 53,398 32,374 32,007 64,381 33,734 33,352 67,085 35,150 34,752 69,903

45 -49 25,258 25,891 51,149 30,453 31,216 61,669 31,732 32,527 64,260 33,065 33,893 66,958

50 -54 19,096 19,901 38,997 23,024 23,995 47,018 23,991 25,002 48,993 24,998 26,052 51,051

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Age Cohort 2009 2018 2020 2022 M F T M F T M F T M F T

55 -59 15,455 14,333 29,788 18,634 17,281 35,916 19,417 18,007 37,424 20,232 18,764 38,996

60 -64 12,757 13,053 25,810 15,380 15,738 31,118 16,026 16,399 32,425 16,699 17,087 33,787

65 -69 7,611 8,234 15,845 9,177 9,927 19,104 9,562 10,344 19,906 9,964 10,779 20,742

70 -74 7,305 8,361 15,666 8,807 10,080 18,887 9,177 10,504 19,681 9,562 10,945 20,507

75 -79 4,478 4,879 9,357 5,399 5,883 11,282 5,626 6,130 11,756 5,862 6,388 12,250

80+ 7,379 10,848 18,227 8,897 13,079 21,976 9,271 13,628 22,899 9,660 14,201 23,861

Age 546 396 942 658.54 477.82 1136.37 686.203 497.896 1184.1 715.02 518.81 1233.8329 NS 5 8 3 89 78

Total 670,65 685,64 1,356,3 808,59 826,66 1,635,26 842,557 861,388 1,703,945 877,945 897,566 1,775,511 6 5 01 6 8 4

Source: KNBS, 2009

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Table 5-5: Population Projections by Urban Centres

Urban 2009 (Census) 2018 (Projection) 2020 (Projection) 2022 (Projection) Centres M F T M F T M F T M F T

Meru 33,46 34,42 67,888 40,34 41,50 81,85 42,03 43,25 85,28 43,80 45,06 88,87 Town 0 8 2 9 2 6 2 9 2 9 1

Nkubu 6,695 6,591 13,286 8,072 7,946 16,01 8,411 8,280 16,69 8,764 8,628 17,39 Town 8 1 2

Maua 15,00 15,21 30,220 18,09 18,34 36,43 18,85 19,11 37,96 19,64 19,91 39,56 Town 8 2 5 1 5 5 2 6 7 4 0

Muthara Town 1,806 1,833 3,639 2,178 2,210 4,387 2,269 2,303 4,572 2,365 2,400 4,764

Total 56,96 58,06 115,03 68,68 70,00 138,6 71,57 72,94 144,5 74,57 76,01 150,5 9 4 3 7 7 93 2 7 18 8 1 87 Source: KNBS, 2009

a. Population Density and Distribution The population density is widely distributed among the nine sub-counties, with the

average density in the county estimated at 318 persons per Km 2 in 2018 as shown in

Table 5. Population density ranges from a low of 152 persons per Km2 in Buuri

constituency to a high of 616 persons per Km 2 in Igembe South constituency. The high density in Igembe south is attributed to high fertile land which is good for farming whereas most areas of Buuri constituency are sparsely populated due to the semi-arid conditions and existence of large scale farms.

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Table 5-6: Population distribution and density by Sub-county

Constitu 2009 (Census) 2018 (Projections) 2020 (Projections) 2022 (Proje ctions) ency Area Pop Density Pop Density Pop Density Pop Density (Km 2) (Km2) (Km 2) (Km 2) (Km 2)

Imenti 393.87 179,604 456 216,545 550 225,640 573 235,117 597 South

Central Imenti 333.10 116,918 351 140,965 423 146,886 441 153,055 459

Tiga nia 647.10 157,246 243 189,588 293 197,551 305 205,848 318 East

Imenti 293.01 149,144 509 179,820 614 187,372 639 195,242 666 North

Igembe 1172.8 154,814 132 186,656 159 194,496 166 202,665 173 North 3

Igembe Central 511.62 193,392 378 233,169 456 242,962 475 253,166 495

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Constitu 2009 (Census) 2018 (Projections) 2020 (Projections) 2022 (Proje ctions) ency Area Pop Density Pop Density Pop Density Pop Density (Km 2) (Km2) (Km 2) (Km 2) (Km 2)

Igembe 263.31 134,550 511 162,224 616 169,037 642 176,137 669 South

Buuri 1068.6 134,653 126 162,348 152 169,167 158 176,272 165 7

Tigania 456.31 135,980 298 163,948 359 170,834 374 178,009 390 West

5137.5 1,356,301 264 1,635,263 318 1,703,944 332 1,775,510 346 0 Source: KNBS, 2009

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From Table 5-6 above, Igembe Central Constituency has the highest population as per the 2018 projections of 233,169 persons with Central Imenti Constituency recording the lowest at 140,965 persons. Settlement patterns in the county are influenced by soil fertility,topography, road networks, urbanisation and rainfall. The high density settlement is concentrated around Nkubu, Maua, Timau and Meru towns. This is because of the good road networks especially the Embu-Meru –Maua Road and Meru-Nanyuki Road.

d. Population Projection for Special Age Groups Table 5-7 below provides information on selected age groups which include the population under the age of one, under the age of five years, primary school age, secondary school age, youthful population, reproductive age, labour force and the aged population in the county.

Table 5-7: Population Projection by Special Age Groups

2009 2018 2020 2022

Age M F T M F T M F T M F T Group

Under 1 19,50 19,28 38,78 23,51 23,24 46,76 24,50 24,22 48,72 25,53 25,24 50,77 2 2 4 4 8 2 1 5 6 0 2 2

Under 5 90,87 89,26 180,1 109,5 107,6 217,1 114,1 112,1 226,3 118,9 116,8 235,8 6 7 43 68 28 94 69 48 16 65 58 22 Primary School 140,2 139,7 280,0 169,0 168,5 337,6 176,1 175,5 351,7 183,5 182,9 366,5 Ag 38 73 11 82 21 03 83 99 82 83 74 57 e (6 -13) Se condar y School 56,60 58,29 114,8 68,24 70,28 138,5 71,11 73,23 144,3 74,09 76,30 150,4 age 2 0 92 4 0 23 0 1 41 6 7 03 (14-17)

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2009 2018 2020 2022

Age M F T M F T M F T M F T Group Youth Populatio 183,1 198,6 381,8 220,8 239,5 460,3 230,1 249,5 479,6 239,7 260,0 499,8 n 64 46 10 37 03 40 12 62 75 77 44 21 (15-29) Reproduc tive age – - 336,4 336,4 - 405,6 405,6 - 422,7 422,7 - 440,4 440,4 female 80 80 87 87 26 26 81 81 (15-49)

Labour 375,2 383,7 758,9 452,3 462,7 915,0 471,3 482,1 953,5 491,1 502,3 993,5 force 10 67 77 83 00 82 83 33 16 81 83 64 (15-64) Aged Populati o 26,53 32,71 59,25 31,99 39,44 71,44 33,34 41,10 74,44 34,74 42,83 77,57 n 8 8 6 6 7 3 0 4 4 0 1 1 (65+) Source: KNBS, 2009

Under 1 year: In this age cohort, the projections for the year 2018 indicate that there will be 46,762 children, an increase of 20.5 per cent from 2009 census. This population is projected to be 50,772 children by 2022. This accounts for approximately 3 per cent of the total population. The increase in the population under the age of one is attributed to decline in infant mortality rate due to immunization programs that have been scaled up by the health sectors in the county. There is also increase in the number of mothers delivering in health care facilities due to the introduction of free maternity program. There is need to train more health care professionals so as to reduce the ratio of health care workers to population and improve marternal services.

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Under 5 years: The projected number of persons under five years of age in the county stood at 217,194 in 2018, this being a 21 per cent increase from the 2009 population census. This population consists of 107,628 females and 109,568 males and constitutes 14 per cent of total population. It is projected to increase to 226,316 and 235,822 by the year 2018 and 2022 respectively. This increase in population calls for more efforts in providing additional facilities in pre-schools and primary schools, consistent with government policies to provide free universal primary education. As this population is also vulnerable to diseases, response strategies call for measures to upscale immunization programmes. To curb cases of malnutrition and stunting, strategies aimed at improving nutritional status should also be encouraged

Primary School Age Group (6-13 Years): The population of primary school going age was projected to be at 337,603 in 2018. This is projected to increase to 351,782 in 2020 and 366,557 in the year 2022. Currently this group accounts for approximately 21 per cent of the total population. Appropriate measures need to be put in place to provide necessary facilities such as teaching and learning materials. Physical facilities and teachers to cater for the needs of this age group need to be put in place to address the current challenge and the projected growth in this age group.

Secondary School Age Group (14-17 Years): The population of the secondary school age children stood at 138,523 in 2012, an increase of 20.5 per cent from 114,892 in 2009 census. This population is expected to increase further to 144,341 and 150,403 in 2020 and 2022 respectively. This comprises approximately 8.5 per cent of the total population. The current free primary school education coupled with the subsidized secondary education policies by the government are expected to yield a high transition rate. There is therefore an increasing pressure to expand the secondary school facilities while improving the existing ones in order to achieve high quality education.

Youth Population (15-29 Years): This population is projected at 460,340 in 2018, an increase of 21 per cent from 2009 census figure of 381,810. It is projected to rise to 479,675 and 499,821 by 2020 and 2022 respectively. This population constitutes mainly secondary school going age and those in tertiary institutions such as universities and other

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middle level colleges. It is a population that policies on education and employment need to target if efforts to address unemployment and associated insecurity are to be effective. Policies on population control could also be more effective if this group was well targeted since it constitutes the bulky of the reproductive age population.

Reproductive Age Group (15-49 Years): Women aged between 15 and 49 years represent the reproductive age. In 2018, this population is projected at 405,687, a 20.5 per cent increase from 336,480 according to 2009 population census. The age group is projected to be 422,726 and 440,481 in 2020 and 2022 respectively. The current projection accounts for 24.8 per cent of the total county population. This calls for increase in family planning, nutrition and health access programmes for the women and projects that support women to be self-reliant. Programmes that enhance women health and health education are essential to reduce both maternal and child mortalities. Policies that encourage women to deliver in health care facilities as well as attending pre-natal and post-natal clinics could go a long way in achieving this objective.

Labor Force Age Group (15-64 Years): The 2018 labor force is projected to be 915,082 persons. It’s projected that this population will rise to 953,516 in 2020 and 993,564 by 2022. This calls for improvement in agriculture and investment and other sectors to provide employment opportunities for the increasing labor force especially the youthful population who accounts for 68 per cent of the total population. To increase productivity of this group, adequate employment opportunities will need to be created. The key sectors to focus in employment creation include agriculture, trade & investment, ICT, finance and tourism. Aged population (65+): The aged population (over 65 years) was projected to be 71,443 in 2018, an increase of 20.5 per cent from the 2009 census figure of 59,256. It’s further projected to be 74,444 by 2020 and 77,571 by 2022. This population currently accounts for 4 per cent of the total county population. This calls for increment in allocation of funds to programs that target the aged such as the voucher system to minimize dependency. Such programs should be designed to incorporate healthcare and nutritional support.

a. Population of persons with disabilities

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It was established that there was no data for people living with disability in Meru County. This plan therefore recommends a baseline survey to be carried out. b. Demographic Dividend Demographic dividend refers to the accelerated economic development that a country can attain by slowing down the pace of population growth while at the same time making strategic investments in the health, education, economic, and governance sectors. A bigger proportion of working people in the total population coupled with decreasing dependent sections of the population, is a prerequisite for opening of this window of opportunity. Kenya will attain this window of opportunity by 2038. Evidence however shows that Counties in Kenya are at different stages of demographic transition. The demographic window of opportunity for Meru County is estimated to open by the year 2023 if the current fertility and mortality levels persist. To take advantage of this window, the County is making specific and strategic investments in four focus areas of the demographic dividend, namely; health and wellbeing, education and skills development, employment and entrepreneurship and rights, governance and youth empowerment as guided by the County A dolescent and Youth Survey reports of 2015 and the Kenya’s Demographic Dividend Roadmap.

Table 5-8: Demographic Dividend Potential

Category 2009 2014 2017 2022 2030 Population Size 1,356,301 1504184 1,601,629 1,775,511 2,073,797.00 Population below 39.9% 44.2% 46.8% 51.7% 60.4% 15 (%) Population 15 -64 55.6% 61.4% 65.3% 72.2% 84.3% (%) Population above 4.4% 4.9% 5.2% 5.7% 6.7% 65 (%) Dependency ratio 78.7 73.4 67.9 62.4 57 Fertility rate 5 4 3.1 3 2

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Source: KNBS, 2009 & NCPD, 2017

Education Education, Skills, Literacy and Infrastructure The county is made up of 15 education divisions and zones. Staffing is inadequate for both teachers and education officers. Majority of the pupils/students are attending government institutions at the schooling levels except for professionals and vocational training where private institutions absorb most students. The transition rates in the County is approximately 80%, completion rates is 78% while retention rate is 90%.

c. Pre-School Education There are 65,396 children enrolled in public pre-primary schools in the county which constitutes 32,080 male and 33,316 female. This number is enrolled in the 773 ECDE centres. The total number of ECD teachers is 1698 making the teacher child ratio to be 1:50 which is higher than the recommended ratio of 1:25. The age of admission to pre- school education four to five.

d. Primary Education The county has 773 public primary schools with a total enrolment of 263,892 pupils and 5,520 teachers. The number of boys is 132,180 and 131,712 girls. The teacher pupil ratio is 1:60 which is higher than the recommended ratio of 1:40. This number of pupil in primary school is however higher than children aged 6-13 years which stand at 298,025. This is may be attributed to many children joining schools when they are older and others joining from neighbouring counties. Introduction of NG-CDF has resulted to growth in the number of schools and also improvement of school infrastructure.

e. Non formal Education The total enrolment in the non-formal education is 258 with 98 male and 150 female. The average attendance is 57 male and 82 female totalling to 139.

f. Vocational Training Centres

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The County has 29 public Vocational Training Centers (VTCs) with a total enrolment of 3,333 trainees and 140 instructors. The instructor trainee ratio is 1: 24 which is higher than the recommended ratio of 1:10. The institutions have insufficient instructors, tools and equipment, inadequate infrastructure leading to low transition, retention and completion rates. The VTCs equip youths both class eight and form four leavers with relevant technical, entrepreneurial skills for gainful employment. The courses offered include Building Technology, electrical and electronics, motor vehicle technology, fashion design and garment making among others at certificate level.

g. Secondary Education There are 377 public secondary schools in the county which absorbs students from both public and private primary schools. These schools have a total enrolment of 93,217 students against 1,825 teachers. The proportion of those enrolled in secondary school is however low compared to the population aged 14-17 years as only 45 per cent are in school. The number of male in secondary school stand at 45,598 which is lower than that of girls whose number is 47,619. The low number of boys could be attributed to a combination of factors in the county.

h. Tertiary Education There are two universities [one private and one public]; four university campuses; two teachers training colleges and various tertiary colleges offering post-secondary education.

i. Adult and Continuing Education The county rate of literacy stood at 53 per cent in 2012, with the sex ratio being male 40 per cent and 60 per cent female. This implies that girl child campaign has resulted in imbalances in enrolment and completion rates for boys and girls. To improve the literacy rate, 74 adult learning centers have been established with 816 learners and 312 teachers. There are however more female learners than male as the enrolment is 268 males and 548 females. This program comprises of basic literacy and post literacy. Basic literacy has a total enrolment of 641, 231 male and 420 female. The average attendance is 288 both male and female. The post literacy has 37 male and 127 female totalling to 164 adults with an average attendance of 108.

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j. Technical, Vocational Education and Training (TVET) Technical, Vocational Education and Training plays a pivotal role in technology diffusion through transfer of knowledge and skills and are recognized as critical channel for social equity , inclusion and viable development. TVETs provide specialized training in specific career field, trade or profession, including computer technology, business administration, culinary arts, electronics, medical assisting, legal assisting, automotive technology and cosmetology. Meru County boasts of 1 National Polytechnic, 5 Technical Training Institution s (TTI) and 29 Vocational Training Centers (VTC). These offer diverse technical courses to form four leavers at Certificate and Diploma level.

Table 5-9: Technical, Vocational Education and Training by nature, instructors and enrolment

S/No. Name Sub County Number of Number of Instructors learner (2018) (2018) National Polytechnic 1. Meru Imenti North 201 3,968 Nationa l Polytechnic Technical Training Institutes 1. KIIRUA TTI Buuri 34 291 2. NKABUNE Imenti North 57 963 TTI 3. KARUMO TTI Tigania West 27 297 4. MUKIRIA TTI Imenti Central 30 420 5. MITUNGUU Imenti South 14 456 TTI Totals 164 2,427

At the National and TTIs level there are 67 master holders, 187 degree holders and 108

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diploma holders.

There are a total of 29 VTCs with a learner population of 3,028 students. Of these 29 VCTs, 28 are functional public vocational training centers managed by the County Government of Meru employing 139 Instructors and 52 instructors employed by respective BoMs. One (1) VTC is privately owned employing 5 instructors. Total current enrolment in public vocational training centers stands at 2972 with total current enrolment in private vocational training center standing at 56 learners respectively in 2018. At the VTCs there are 7 degree holders, 4 higher diploma holders, 90 diploma holders and 97 certificate holders. Of these one (1) diploma and 4 certificate holders are employed by the Private VTC.

5.3.2. ECONOMIC SETTINGS

5.3.2.1 Housing Corrugated iron sheets accounts for 97.5 per cent of the household’s roofing materials with 0.7 per cent using asbestos sheets, while 1.1 per cent of the households use grass for roofing their houses. The county has 315, 100 and 35 low, medium and high grade government houses respectively to supplementing the private sector efforts. The county is characterized by inadequate, unaffordable and indecent housing, particularly for low income earners in urban areas and equally so, in the rural sector. The county also faces the problem of low level of urban home ownership and extensive and inappropriate dwelling units including slums and squatter settlement.

5.3.2.2 Land Tenure Systems The land in the county falls under 3 categories as defined by Kenyan constitution:

i. Public Land. This is defined as land owned by the government according to the article 62 of the Kenyan constitution.

ii. Community land. Article 63 COK defines community land as land lawfully transferred to a specific community by any process of law and is lawfully held, managed or used by specific communities as community forests, grazing areas or shrines, ancestral lands.

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iii. Private Land. This is registered land held by any person under any freehold tenure and land held by any person under leasehold tenure; and any other land declared private land under an Act of Parliament. More than 60% of land in Meru County is registered under private ownership.

5.3.2.3 Labour Force The county total labor force is 915,083persons which is 55.9 per cent of the total population. This labor force comprises of 462,700 females and 452,383males. This portrays a good image of a light burden on the workforce as every person works for approximately one dependent. The opportunities to engage those willing to work are curtailed by low investment in job creation ventures and lack of resources to start up small businesses as a form of self- employment. Child labor is high at 35 per cent and is mostly engaged in the agriculture sector especially in miraa production and supply chain system. This calls for special protection measures for these children. Youth provide the largest share of both family and hired labour in crop production and women the least. In livestock production, however, adult women provide the largest share of labour whereas youth contribute the least (GoK, 2014).

5.3.2.4 Livestock and Crop Production Land in Meru County is utilized in diverse ways that include: agricultural, residential, educational, public purpose, public utilities, transportation, industrial, recreation and conservation and commercial. However, the major land use in the county is mainly for agricultural activities for both crop farming and livestock-keeping. The total acreage under food and cash crops is 161,907 ha and 15,773 ha respectively which represents 23% and 2.3% of the total land area of Meru County (GoK, 2013). The mean value of the total household income for Meru County is 258,028 Kenyan Shilling (KES) The overall mean on-farm income is KES 97,740 per year while the overall mean non-farm and off- farm income is KES 86,576 per year (GoK, 2014). Agricultural land use is common in all the sub Counties and is particularly intense in the Imenti sub counties and Buuri while livestock is common in the Tigania and North Igembe sub counties. Other uses include cultural and forestry conservation. There is large scale farming carried out by private companies in Timau, Buuri constituency. Livestock

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and Miraa farming is also practised in Tigania and Igembe areas. Coffee, Tea and Macadamia are also major crops produced in Imenti Central and Imenti South sub counties respectively. Other crops grown in the county include Bananas, maize, beans, sorghum, millet, green grams, potatoes, cabbages, carrots and kales among others. Urban uses are also rapidly emerging in the County with Meru, Maua, Nkubu, Timau developing as urban nodes. The urban areas are also being complemented by other centres in the Sub Counties and ward level. Transportation and forestry use constitute other main users in the county.

5.3.2.5 Trade, Commerce and Industry The county’s economy relies mostly on agriculture. Most people are engaged in subsistence farming where they grow common foods such as maize, beans, sorghum, millet cabbages and fruits. Other grow coffee and tea as cash crops and take their teas for processing in nearby factories including Weru, Kionyo, Githongo and Imenti Tea Factory.

Commercial fruit growing has become popular under Bill and Melinda Gates foundation’s Project Nurture. This includes small scale growing of mangoes and passion fruit in Imenti. The county is renowned for its wide scale growing of the Miraa (Khat) - a herbal plant, which turned a lucrative cash crop for the locals. The Khat is mostly grown in Maua, Igembe and Tigania and fetches millions of shilling in the export market for its farmers

5.3.3. HEALTH SETTINGS

a. Health Access Health Services provision at the County Level is centered around the tenets described by both the Kenya Essential Package of Health Services (KEPH) and Schedule IV of the Kenya Constitution 2010 . These two key documents define mandates/roles/responsibilities for interventions and service delivery at Level - 1 (Community), Level – 2 (Dispensary), Leve l – 3 (Health Centre), Level – 4 (Sub- County/ district) and Level - 5 (County Referral) of the health system. The county has 144 community health units and 259 Community health volunteers in Level 1.

Table 5-10: Health Facilities by Sub Counties

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Row Labels Level 2 Level 3 Level 4 Level 5 Grand Total Buuri 58 5 3 66 Igembe Central 30 4 3 37 Igembe North 21 4 1 26 Igembe South 35 7 2 44 Imenti Central 28 5 3 36 Imenti North 148 1 2 1 152 Imenti South 64 5 4 73 Tigania East 27 5 2 34 Tigania West 24 3 3 30 Grand 435 39 23 1 498 Total Source: KHMFL

b. Human Resource for Health The county has 1872 health care workers distributed evenly across the county . Table 5-11 below shows cadres of staff and their distribution in the county. Table 5-11:Health Care Cadres of Staff and Distribution in Meru County

Cadre Sub -county Igemb Igemb Igem Tigan Tigan Buu Imen Iment Imen Totals e e be ia ia ri ti i ti North South centra East West Nort Centr Sout l h al h Medical 0 2 0 0 0 0 12 0 0 12 Consultants General 3 9 1 6 5 2 26 3 12 67 Medic al Officers Clinical 21 23 8 22 20 17 54 14 24 203 Officers

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Cadre Sub -county Igemb Igemb Igem Tigan Tigan Buu Imen Iment Imen Totals e e be ia ia ri ti i ti North South centra East West Nort Centr Sout l h al h Dentists 0 3 0 0 0 0 2 0 1 6 Community 0 2 0 0 0 1 3 0 1 7 Ora l Health Officers Pharmacists 2 4 1 4 3 2 13 3 5 37 Dental 0 2 0 0 0 0 2 0 1 5 Technologists Nurses 56 103 54 96 89 84 239 69 186 976 Laboratory 8 9 10 13 14 5 25 14 17 115 Technologist Health Record 2 3 1 1 2 1 5 3 3 21 & Information Officers Pub lic 11 19 17 13 16 12 17 16 15 136 Healt h Officer/technici ans Health 0 1 0 1 1 1 2 1 1 8 Promotion Officer Nutritionists 2 1 2 1 1 1 4 1 2 15 Pharmaceutical 6 5 4 8 5 5 5 7 8 53 Technologists Physiotherapist 0 0 0 0 0 0 7 1 0 8

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Cadre Sub -county Igemb Igemb Igem Tigan Tigan Buu Imen Iment Imen Totals e e be ia ia ri ti i ti North South centra East West Nort Centr Sout l h al h Occupational 0 0 0 1 0 0 4 0 1 6 Therapists Plaster 0 1 0 1 2 0 7 0 0 11 technician Medical 1 2 0 2 2 1 7 1 1 17 Engineering Technologists Radiographers 0 1 0 0 2 0 7 1 2 13 Medical 0 0 0 0 0 0 7 1 1 9 Soci al Workers Procurement 0 0 0 0 1 0 2 0 0 3 Officers Health 1 1 1 2 2 2 1 1 2 13 Administ rative Officers M&E R officer 0 0 0 0 0 0 1 0 0 1 Finance officer 0 0 0 0 0 0 1 0 0 1 Accountants 0 0 0 0 0 0 1 1 1 3 Secretaries 1 2 0 1 1 1 4 1 3 14 Cooks 0 0 0 1 1 0 1 0 0 3 Clerks 0 2 0 2 2 1 6 3 5 21 Chews 5 7 2 9 0 0 2 0 0 25 Drivers 5 7 1 0 6 4 7 6 7 43 Cleaning 0 0 0 0 0 0 14 0 0 14

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Cadre Sub -county Igemb Igemb Igem Tigan Tigan Buu Imen Iment Imen Totals e e be ia ia ri ti i ti North South centra East West Nort Centr Sout l h al h Supervisors Telephone 0 0 0 0 0 0 2 0 0 2 Operators Mortuary 0 0 0 0 0 0 2 0 0 2 Attendants 124 209 102 184 175 140 492 147 299 1872 Source: County Data, 2017

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5.3.4. SECURITY AND PUBLIC SAFETY

In the past the county has experienced issues such as cross border conflicts. The county faces some of the highest incidences of crime in the country. According to the Annual Crime Report 2015 by the Kenya Police Service, Meru County is among the top five counties with high crime prevalence- Kiambu 4,768 cases, Nakuru 4,384 cases, Nairobi 4,383 cases, Meru 4,215 cases and Mombasa 3,194 cases. In addition, the county is also among the top five in terms of Crime Index, that is, 377 cases of crime per 100,000 population. The major crimes committed in the county include; theft of vehicle and other parts with a total of 1,242 offences reported in 2015; stealing with 831 reports, other penal code offence at 411 criminal damage with 374 and robbery with 253 reported offences. These trends need to be reversed if economic production potential is to be fully realized.

Community policing activities Community based policing is an approach to policing that brings together the police, civil society and local communities to develop local solutions to safety and security concerns. CBP allows police and community to work together to solve crime, disorder and safety problems. It makes safety and security a shared responsibility. CBP develops synergy between community and administrative organs. In Meru county CBP is embraced through sharing of information by members of public to security organs, peace building activities, Nyumba Kumi initiative and monthly security meetings with the community.

5.3.5. COMMUNITY VIEWS AND CONCERNS

The following is a discussion based on the views and concerns that were capture during the administration of questionnaires to the people. Our working sample of the people was 600 which was settled on through random sampling. The table represent the general views.

5.3.5.1 Responses on the Road Project. iv. General View.

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Table 5-12: General views of the people in regard to the Proposed Road Project .

GENERAL VIEWS Welcome Unwelcome Undecided

NO. OF PEOPLE 594 4 2

TOTAL 99% 0.67% 0.33% PERCENTAGE

v. How Often One Travels.

Table 5-13: Representation of the frequency of travel among the people

Daily Weekly monthly Rarely never

FREQUENCY

NO. OF 560 40 0 0 0 PEOPLE

TOTAL 93.33% 6.67% 0 0 0 PERCENTAGE

vi. Reasons for Travelling.

Table 5-14: A representation of the reasons for travelling

Business Personal Work

NO. OF PEOPLE 490 60 50

TOTAL 81.67% 10% 8.33% PERCENTAGE

vii. Average Time Spent on Travel to the CBD.

Table 5-15: A representation of the average time spent on the roads to the CBD.

TIME 0-30mins 30mins-1hour Above an hour

NO.OF PEOPLE 58 120 422

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TOTAL 9.67% 20% 70.33% PERCENTAGE

i. Potential Impacts of the Proposed Road Project. The key informants respondents were also asked to provide information on whether they felt that the rehabilitating/upgrading the existing road would have any impacts on them as individuals and the community at large. The major areas of focus were environmental and socio-economic impacts. Some positive environmental impacts were stated of which would stem as a result of a more improved road.

ii. Environmental Impacts. The following are the potential impacts as captured by the public. They can be categorized into two major groups namely; positive and negative impacts.

iii. Positive Impacts. a) Improve livelihood of the people

b) Enhance business

c) Growth of the town

d) Reduce road accidents

e) Reduce traffic thus reduce time spent on commuting

f) Pedestrian walk will enhance the safety of the pedestrians

g) Enhanced security as a result of the streetlights along the roads

h) Less congestions on the roads thus reduced air pollution

i) Improved drainage systems

j) C reation of employment as labour will be sourced from the local community

k) Reduced fuel consumption due to the less time spent on the roads

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l) Improved infrastructure that is, water and electricity supply

m) Easy accessibility of the social amenities such as health care facilities.

Some of the negative environmental impacts that were perceived by the Key Informants are also stated; pollution seen as a key potential negative impact.

iv. Negative Impacts. a) Damage of property especially those along the road reserves

b) Noise pollution as a result of use of heavy machinery during the construction phase of the road

c) Air pollution due to the dust from the excavation process and movement of the heavy machinery

d) Loss of biodiversity especially the flora; trees along the roads will have to be cleared

e) Displacement of the people especially those who are occupying the area along the roads that will be expanded

f) Increased soil erosion due to land disturbances from the heavy machines

g) Movement of vehicles and people will be disrupted during the construction phase

h) Loss of source of income since most of the business along the roads will be destroyed to create space for the construction of the dual carriage road

i) Loss of land

j) Accidents

k) High tax rates to cater for the construction costs

Mitigation measures for the negative measures.

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§ Compensation of the project affected people (PAP)

§ Action to be taken against the reckless drivers road

§ Construction of perimeter walls in areas where the road borders schools

§ Put up road signage

§ Pour water to reduce the dust

§ Replace the trees upon completion of the project

§ Educate the drivers on usage of the dual carriage

§ Use machines with minimized noise emissions

§ Not impose extra tax on common people.

v. Socio-Economic Impacts.

Along the same lines is the area of the potential socio-economic impacts that the Key Informants made out to be of concern. Some of the positive impacts were given and include the following:

§ Availability of transportation

§ Good networking

§ Create employment

§ Ease of communication

§ Easy accessibility

§ Maintenance of vehicle will be minimized

§ Peaceful coexistence

Some of the potentially negative socio-economic impacts stated by the Key Informants include:

§ Risk of insecurity

§ Contagious diseases

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§ HIV prevalent

§ Cause of accidents

§ Destruction of properties and structures along the roads

§ Accidents

viii. Health and Safety.

i. Table 5-16;A representation of the health and safety risks. RESPONSE Yes No

NO. OF PEOPLE 520 80

TOTAL PERCENTAGE 86.67% 13.33%

5.3.6. CORPORATE SOCIAL RESPONSIBILITY

The modality of coming up with meaningful community CSR projects during construction phase of the road.

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6. CHAPTER 6 - ANALYSIS OF PROJECT ALTERNATIVES This brief Chapter presents and discusses the possible alternatives of the proposed project realignment and design.

6.1. DESIGN ALTERNATIVES

There are three possible scenarios within this project. These are:-

(a) Use of bitumen ‘tarmac’; (b) Use of cement; and (c) No project scenario.

Use of tarmac: The proposed project intends to use tar materials, a conventional way of road pavement in Kenya. There are two possible alternatives that can be considered alongside the proposed design method. One method is the reinstatement of the roads to gravel standard than upgrading them to paved roads. But it is well known; the maintenance of gravel roads in good motorable condition in such wet climate of the project area will require frequent re-gravelling. This is an expensive venture and results in frequent use of scarce good quality gravel, and this in turn can generate more negative impacts as removal of vegetation and overuse of scarce water resources. Gravel roads are also sources of dust pollution to the surrounding environment.

Use of cement : the second method is to construct the roads using concrete materials . This method was utilized (2006) in the rehabilitation of the Mbagathi Road in the City of Nairobi. It is reported that roads built in concrete are more durable than those built using tar. This lowers the cost of road maintenance. However, the costs of concrete materials vis-à-vis tar materials need to be investigated to determine their affordability, particularly for a developing country like Kenya whose resources for roads construction are strained.

In the light of the two alternatives presented above, the proposed design of paved surface dressed roads using tar material is the most cost effective and environmentally sustainable one, as if it is well maintained. It may not require the use of additional material in its design life.

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No project Alternative: The no project alternative means that the road should be left as it is. The project was propos ed after a need had been identified hence a “No Project Alternative” would be the worst option. Public participations confirmed that there is need for the project. The current traffic situation and the width of the current road confirm that there is need f or this project to continue. The “No project alternative” would also be supported by the fact that Meru town has seen an upsurge in development of service roads within town and two major bypasses –Eastern and Western. These are still not enough for the projected traffic growth in the next 20 years. Hence the option would not be viable.

6.2. RE-ROUTING ALTERNATIVE .

During the PPCs, there were suggestions that there exist other routes, which can be considered such as Old Ng’onyi road. However this alternative wou ld be more costly since it has many valleys and we think that’s why it was abandoned in the first place.

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Figure 6-1: Western Bypass at the Meru National Polytechnic junction under construction

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Figure 6-2: Eastern By-pass at the Kaaga Junction under construction

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6.3. SOLID WASTE MANAGEMENT ALTERNATIVES

A lot of solid wastes will be generated from the proposed project. An integrated solid waste management system is recommendable. First, the proponent will give priority to reduction at source of the materials. This option will demand a solid waste management awareness programme in the management and the staff. Recycling and reuse options of the waste will be the second alternative in priority. This will call for a source separation programme to be put in place. The third priority in the hierarchy of options is combustion of the waste that is not recyclable. Finally, the proponent will need to establish agreement with Meru County government and Meru County NEMA office to ensure regular waste removal and disposal in an environmentally friendly manner. In this regard, a NEMA registered solid waste handler would have to be engaged. This is the most practical and feasible option for solid waste management considering the delineated options.

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7. CHAPTER 7 - ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT

7.1. INTRODUCTION

This chapter brings out the potential positive and negative environmental and social impacts that would arise out of resettlement and implementation of the road project. In general, the potential environmental and social impacts arising during the construction phase of the project road include:

§ Air pollution and dust evolution; § Noise & vibration; § Ecological damage from the clearance of areas for maintenance camps, and storage of materials (fuel, lubricants and machinery); § Material sourcing and supply for the construction and maintenance works; and § Social disturbance caused, due to proposed alignment, Social disturbance caused due to the construction and maintenance activities. Impacts can be positive or negative; direct or indirect. The magnitude of each impact is described in terms of being significant, minor or negligible, temporary or permanent, long-term or short-term, specific (localized) or widespread, reversible or irreversible. These are indicated in the assessment table as shown in the table below.

Table 7-1: Impact Assessment

Symbol Type of Impact Symbol Type of Impact

++ Major positive -- Major negative

+ Minor positive - Minor negative

0 Negligible/zero impact NC No change

SP Specific & localized W Widespread

R Reversible IR Irreversible

SHT Short term LT Long term

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Symbol Type of Impact Symbol Type of Impact

T Temporary P Permanent

Y Mitigation of negative N Mitigation of negative impacts/ enhancement impacts/enhancement of positive of positive ones is ones is NOT possible possible

7.2. PROJECT ENVIRONMENTAL AND SOCIAL POTENTIAL IMPACTS

Construction work will be confined to the road corridor with some minor realignment. Works will include upgrading the road to a dual carriage. Anticipated environmental and social economic impacts are as outlined below.

i. 7.2.1 Positive impacts (Environmental, social and economic) i. The additional benefits from the expected increase in economic activities will translate into higher income levels of the households and therefore reduced poverty levels. ii. Improved transport system and accessibility will reduce travel time; enhance comfort and safety and lower costs associated with an increase in public service vehicles. It will also enhance accessibility to the various institutions namely health centres, places of worship and educational facilities. iii. A majority of unskilled labour will be sourced from the local residents during the construction of the road thereby creating new jobs. Indirect employment will include sub-contracted works and support businesses including food kiosks iv. Through labour recruitment locally the workers will have an opportunity to learn an array of skills that relate to road construction. v. The anticipated efficient, reliable and cheap transport, will enhance rapid transportation of perishable farm produces (vegetables and fruits) to markets, increase acreages under crop production and improve marketing of agricultural products. Improved production of crops and enhanced transport may call for establishment of agro-processing plants to process the huge

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supply of fruits and vegetables. Improved transport means will induce for efficiency and multiplicity of transport alternatives to be availed as currently, farmers rely on trucks and drought animals to transport farm produce. vi. The upgrading of the project road can be expected to increase women’s access to and utilization of education and healthcare, thereby improving their general well-being. vii. Reduced routine maintenance and vehicle operating costs as the road is currently an earth road and the government and the local authorities spend substantial resources in its maintenance each year viii. Increase in land values along the project corridor ix. Improved response to emergency services

Suggestions on enhancing the positive impacts.

Most of the aforementioned positive impacts are socio-economic in nature. To enhance their impacts will require a programmatic approach. This will include, but not be limited to the following:

i. The Contractor(s) who carry out the construction works should consider sourcing non-skilled labour from the project area. ii. Long-term regional economic planning taking into account the improved infrastructure as the key economic driver. iii. The Government could provide incentives to investors in the area, and promote development of sectors such as agriculture, industries, tourism and livestock. iv. Regular maintenance of the road v. Pro-active planning in anticipation of enhanced immigration to the area. The above measures are of course beyond the scope of the Ministry of Roads and KeNHA since they are cross-sectoral in nature.

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7.2.1. NEGATIVE IMPACTS AND MITIGATION MEASURES

7.2.2.1 Physiography and Geology Impacts i. Develo pment of pits at material sites (quarries and borrow pits) ii. Alteration of baseline landforms during excavations, earthworks iii. Accelerated erosion after earthworks iv. Destabilization of terrain stability during earthwork, excavations

Mitigation Measures i. Soil e rosion measure should be put in place ii. Maintenance of the slope gradient iii. Ensure that the site is reclaimed/rehabilitated in the decommissioning phase of the project

Residual Impacts. (Magnitude, Geographic Extent, Duration, Significance, Reversibility) i. During the construction phase the noted impacts will have a medium magnitude, with a localized geographical extent. Their duration will be short-term during earth works and not reversible. The impacts will have localized major significance. ii. During decommissioning stage, noted impacts, earthwork related impacts will be reversed through rehabilitation process, which will include slopes protection, rehabilitation of material sites and borrow pits.

Recommendations i. Reclamation/ rehabilitation of the place in the decommissioning phase is highly encouraged. ii. Ensure that there’s little or minimal soil disturbance

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7.2.2.2 Soils Impacts i. Possibility of soil erosion due to earthworks ii. Soil pollution/ contamination which might be as a result of oil spills from the machines used such as vehicles and also inappropriate waste disposal in the sites.

Mitigation Measures

i. All earth cuttings need to be at a gentle angle, wherever possible and economic, in order to allow vegetation to grow. Steep side-slopes tend to result in s eeds washing away rather than having a chance to become established. ii. Soil holding structures should be constructed in very loose soils especially along steep slopes iii. Culvert outfall should be lined for an appropriate distance, iv. Scour checks should be constructed alongside drains on steep slopes Earthworks operations shall be carried out such that surfaces shall be designed with adequate falls, profiling and drainage to promote safe run-off and prevent ponding and flooding, with the associated soil erosion. v. Run-off will be controlled to minimise the water effects in outfall areas. vi. Good housekeeping (site clean-ups, use of disposal bins, etc.) on the site project vii. Waste oil to be collected by a NEMA licensed waste dealer.

viii. Excavations to avoid accelerating situations of soil erosion ix. Solid waste to be handled well by a licensed NEMA waste handler or better still the contractor should work together with the county to ensure that the waste is disposed off appropriately and to the appropriate place x. Ensure proper demarcation and delineation of the project area to be affected by construction works xi. It is

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recommended that indigenous trees or other fast growing trees be planted in strategic locations where the vegetation cover will be cleared as part of landscaping initiatives xii. Project implementation plans will be developed such that section excavated are worked on and completed before moving to other areas xiii. Re-vegetation of exposed areas around the site will be carried out rapidly in order to mitigate against erosion of soil through surface water runoff and wind erosion xiv. Identify and restrict movement of vehicles to areas of disturbance

Residual Impact (Magnitude, Geographic Extent, Duration, Significance, Reversibility) i. During Construction phase the impacts’ magnitud e will be low and localized within the construction sites only. Impacts duration will be intermittent and short term over weeks/months within the construction sites only. Their significance will be minor and not reversible in case they occur.

Recommendations i. The contractor to comply with the ESMP requirements ii. Ensure that all the possibly generated waste (both solid and liquid waste) is handled properly by the authorized personnel iii. Employ measures that aim at minimizing the rate of soil erosion. Measures such as construction of structures that minimize run-off ii.

7.2.2.3 Climate Impacts

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i. Possible emission of greenhouse gases such as carbon (iv)oxide, sulfur and it’s oxides and particulate matter operational phase of the project during the as a result of the construction activities ii. Structural damages more so to the drainage structures as a result of heavy rains

Mitigation Measures (i) Drainage structures to be designed in a manner that they can withstand the stress that might come with the heavy rains (ii) Minimize the rate of emissions Residual Impacts. (Magnitude, Geographic Extent, Duration, Significance, Reversibility)

i. The emissions will have a negligible impact on the climate of the region

Recommendations i. The contractor should ensure that he adheres to the measures stated in the ESMP

7.2.2.4 Air Quality Impacts i. Dust generation as a result of demolitions, excavations and earthworks ii. Emission of combustible products from machine especially vehicles(trucks ) iii. Fugitive emissions as a result of storage and transpo rtation of fuel or volatile chemicals above ambient levels

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Mitigation Measures

i. Use of dust masks to operators and those working in dusty areas. ii. Use of goggles for operators iii. Construction machines / equipment’s shall be well maintained to ensure total fue l combustion. iv. All the vehicles shall be frequently checked and serviced during the whole construction period so that the level of exhaust emissions is reduced v. Movement of vehicles should be kept to minimum necessary for completing the job vi. Cover all trucks hauling materials particularly sand vii. Limit the speed of the vehicles to 40 kph or by placing speed bumps especially in busy areas viii. Water sprinkling to reduce the dust at construction site and near settlements ix. Adhere to the provisions of NEMA’s Air Qual ity Regulations x. Monitor the particulate matter xi. Ensure that the workers have proper PPEs like dust masks xii. Ensure strict enforcement of on-site speed limits; and

Residual Impacts (Nature of Impact, Geographic Scale, Significance) iii. During construction phase: Negligible; Temporary, Local, Minor. Only to be experienced within the construction sites, quarries and during material haulage. iv. During operational phase: Negligible nature of impacts which will be temporary, localized and of minor significance. Recommendations i. The contractor should adhere to the recommendations as stated in the ESMP on the air quality section

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7.2.2.5 Surface and Groundwater Resources Impacts

i. Pollution of groundwater sources during construction phase (bridges construction work). ii. Interference and depletion of existing community water sources during construction phase. iii. Infiltration of contaminants from on-site activities into soils, pollution and degradation of water quality of underlying aquifer during earthwork, excavations, oil wastes from the camp/garage. iv. Impact to human health - Human exposure through direct contact, drinking contaminated water / ingestion of contaminants.

i. Mitigat ion Measures ii. clearing the project site of excavated materials or protect excavated sections from storm water

iii. avoid excavation through flood plains or into stream banks

iv. creating proper channels for waste water and solid waste disposal,

v. develop emergency measures and procedures for protection of soils and streams downstream,

vi. design adequate culverts to accommodate peak flows;

vii. stabilize cut-surfaces with gabions, concrete walls, vegetation etc

viii. identify locations with sub-surface water streams before cutting,

ix. direct all surface runoff into existing natural drains and stabilize the drains downstream and drains to accommodate peak runoff from the catchments

x. excavations should not encroach onto streams, flood plains, stream banks or

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springs

xi. Contractor to avoid dumping of waste materials within the riparian zones/ within the watercourses. xii. Bitumen trucks should be washed at designated areas only

Residual Impacts. (Nature of Impact, Geographic Scale, Significance) i. During construction phase the noted impacts have low significance since they are site based and localized to construction sites only. They have minimal significance due to their limited site specific geographical scale. ii. During operational phase, the listed impacts will have low magnitude of impacts

Recommendations i. Refer to the mitigation section above ii. Adhere to the provisions of NEMA Water Quality Regulations, 2006 (Legal notice No. 121). iii. Above all, the contractor should also adhere to the ESMP. The recommendations under the section of surface and ground water (water quality)

7.2.2.6 Terrestrial/ Aquatic Environment: Flora and Fauna Impacts i. Direct impacts on landscape during earthworks, -fill and cut sections, removal of trees, borrow pits etc. ii. Road can cause interference to wildlife’s natural environment (habitats’ removal), create barrier to the wildlife crossing points, migratory points and breeding areas. iii. Opening up new areas to human utilization, for example when a new road and new bore holes enable people and cattle to be moved into new areas iv. Impact on trees with cultural significance.

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v.

Mitigation Measures i. Provide underpass within the identified wildlife crossing points. ii. Designs of the proposed bridges at major river crossings along the road to be extended so that they can avoid blocking watercourses. iii. Site for sinking the boreholes to be agreed upon by the community and County administrators to avoid people and livestock relocating to the new site

Residual Impacts. : (Value/Sensitivity, Magnitude of Impact, Significance) i. During Construction Phase: Impacts of High Sensitivity value: ii. Their magnitude is minor iii. Their significance is adverse

Recommendations i. The contractor should comply to the ESMP

7.2.2.7 Land Resources Impacts i. Temporary use of land for construction purposes, e.g. contractors camp, batching plant's site ii. Permanent acquisition of land for bypasses and after road realignment from the existing corridor iii. Road will attract new ribbon (linear) settlements within the trading centres Mitigation Measures i. Contractor to consult the management of existing wildlife conservancies and community before starting any activities, - quarrying, sinking borehole etc. ii. Contractor’s camps to be located away from migratory corridors.

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iii. State security, Kenya police, KPR and community policing to be strengthened to avert illegal poaching. iv. Provide signage and or underpass at the identified wildlife and livestock crossing points

Residual Impacts. (Value/Sensitivity, Magnitude of Impact, Significance) i. During construction phase the noted impacts have high significance in relation to community’s attachment to land and its value. They are however site based and localized to construction sites/and acquired land parcels and road realignments. They have minimal significance due to their limited site specific geographical scale. ii. During operational phase, the listed impacts will have low magnitude

Recommendations i. The contractor to comply with the ESMP requirements

7.2.2.8 Archaeological, Historical and Cultural Sites Impacts i. Possible destruction of cultural sites during construction phase, bush clearing, earthwork ii. Possible interference with existing grave sites during excava tions and earth works on realigned road sections and bypasses.

Mitigation Measures i. .There is need to ensure that in communities where graves are likely to be affected by the project, these sites are to be avoided as much as possible through consultations with individual home owners before project implementation to enable develop appropriate mitigation measures.

ii. Ensure that the sites are mapped well before the project is implemented

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Residual Impacts. (Value/Sensitivity, Magnitude of Impact, Significance ) i. Impacts of High Sensitivity value: ii. Their magnitude is Minor iii. Their significance is Adverse

Recommendations i. Comply with the ESMP requirements

7.2.2.9 Visual Aesthetics Impacts

i. Direct encroachments on the scenic landscapes along the project road durin g cut and fill, cut sections and borrow pits. ii. Earthwork and excavation on natural greenfield along the project road, exposing an unsightly landscape

Mitigation Measures i. Road alignment to avoid visual intrusion on scenic sites. ii. Adjustments to slopes and borrow pits, to be away from picturesque sites iii. Timely decommissioning of the borrow pits and quarries to be done to eliminate traces of visual intrusion on the landscape

Residual Impacts. (Magnitude, Geographic Extent, Duration, Significance, Reversibilit y) vi. i. Impacts of moderate value:

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ii. Their magnitude is minor iii. Their significance is minor Recommendations i. The contractor to comply with the ESMP requirements

7.2.2.10 Noise and Vibrations

Impacts i. Movement of heavy trucks, braking, hooting and vibrating machines are likely to cause sound pollution within construction site and surrounding environment. ii. Noise related disturbances, discomfort to the road's immediate neighbours during construction phase. iii. Destruction of activities due to noise, e.g. near learning institutions. Mitigation Measures

i. Adhere to the Kenya Noise Prevention and Control rule passed in 1996 under legal notice No. 296 as a subsidiary legislation to the Occupational Health and Safety Act (OSHA) of 2007 which requires putting in place measures th at will mitigate noise pollution. Consider especially the rule, which states that, “No worker shall be exposed to noise level in excess of the continuous equivalent of 90 dBA for more than 8 hours within any 24 hours duration”

ii. Where the noise levels is bey ond 85 dB (A), ear muffs or plugs shall be provided to all those working within the construction equipment area including the operators. iii. Equipment shall be well maintained or fitted with noise silencers such as mufflers. iv. Select a site for machinery not too close to residential premises v. During construction at site, the contractor should only work during the normal hours (especially activities involving noise) so that the residents living along the project road are not disturbed during sleeping and resting hours. vi. Control the speed of road construction equipment in residential areas vii. The workers

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will be supplied with on ear mask where applicable to control excessive noise viii. Place noisy equipment in sound proof rooms or in enclosures to minimize ambient noise levels ix. No works during the night to prevent disruption of the neighbouring community x. Sensitize vehicle drivers and machine operators to switch off engines of vehicles or generators when not in use and to avoid hooting.

Residual Impacts. (Nature of Impact , Geographic Scale, Significance) i. During construction phase, the nature of impact is negligible. The impacts geographical scale will mainly be localized to construction sites only and impacts significance will be negligible. ii. During operation phase, the impacts will be localized and negligible

Recommendations i. The contractor to comply with the ESMP requirements ii. Consider implementing the measures outlined in the mitigation section above

7.2.2.11 Solid and Liquid Wastes Impacts i. Waste generation - Construc tion and decommissioning operations are likely to generate solid wastes such as spoils, packaging, garage/workshop e.g. tires and wastes from campsites. Liquid wastes such as used oil, hydraulic fluids, coolants and wastewater from campsites are like to be generated. ii. Construction activities will generate solid wastes which includes trash, scrap items, oily rags and empty product drums.

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iii. Spills and leaks may also occur from vehicles and heavy equipment used during the construction operations, which may result in soil contamination. iv. Waste oil from the servicing of vehicles and miscellaneous solid wastes Mitigation Measures i. Use an integrated solid and liquid waste management system which includes reduction at source, recycling, re-use, incineration, and sanitary landfills ii. Any remaining waste (paper or polythene containers, cement bags, bentonite, construction debris, etc. shall be safely burned and/or disposed in designated waste disposal areas before the project is commissioned iii. Some of the excavated materials w ill be used in the construction by back filling the annular space. All excavated material from the draining channel will be used to refill it iv. Construction crew to be encouraged to dump their personal wastes in designated covered dustbins v. Where no toilets exist, portable toilets and necessary sanitary arrangements will be availed vi. Keep the site clean and orderly at all times vii. The proponent to adhere to the Environmental Management and Coordination (Waste Management), Regulations 2006

Residual Impacts. (Natur e of Impact, Geographic Scale, Significance vii. During construction phase, the residual impacts are as follows: i. The impact of excavation waste is expected to be slight, negative and for short-term. ii. The impact of construction waste is expected to be imperceptible. iii. The impact of operational waste is expected to be imperceptible

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Recommendations i. The spilled oil should be trapped in grit chamber for settling of suspended matter. ii. The collected oil should either be auctioned or incinerated, so as to avoid any underground water contamination iii. The contractor to comply with ESMP requirements

7.2.2.12 Social Characteristics Impacts i. Intrusion of foreign cultural settings - Influx of population from foreign places is likely to cause acculturation that will interfere with the indigenous cultures within the project area ii. Increase and spread of sexually transmitted infections - Influx of people from different regions (with different prevalence rates of STDs such as HIV/AIDs) is likely to cause increase STDs infections within project locality. iii. Possible change to quality of life and wellbeing after improved infrastructure and associated developments amenities iv. Anticipated changes to population numbers and distribution within the existing (and yet to develop) trading centres in close proximity to the project road Mitigation Measures i. The contractor will employ community liaison officer who will ensure that indigenous cultural groups and values are protected and preserved. ii. Negative vices likely to change local people’s way of lives will not be tolerated and appropriate measures will be taken. iii. Sub-contractor will be contracted to enforce HIV/AIDS mitigation measures iv. Local authorities to control unauthorized construction of shanty structures within the trading areas, which attracts the uncontrolled residential slums developments v. Introduction of

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cultural events and sites along the trading centres and sites

Residual Impacts. (Nature of Impact, Geographic Scale, Significance) i. During construction phase, the nature of impacts (demographic, cultural and socio- psychological) will be negligible along the 13km road. The impacts geographical scale will mainly be localized to construction sites only and impacts significance will be negligible. ii. During operation phase, and with time, the impacts will be of major significance (demographics of the trading centres), localized within the towns and of medium significance.

Recommendations The contractor to comply with ESMP requirements

7.2.2.13 Economic Settings Impacts i. Improved economic activities during the operational phase of the project ii. Disruption of business during the construction phase as a result of demolition of business properties along the road. Mitigation Measures i. The businesses or rather business premises along the road and that will be affected should be identified early enough so that the owners relocate before the project is implemented ii. Maximize on the positive impacts

Residual Impact. (Nature of Impact, Geographic Scale, Significance i. During the construction phase the impact will be minimal since the affected businesses will be

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those within the geographical area where the project will be implemented

Recommendations i. Prior relocation of people and the businesses before project implementation ii. The contractor to comply with ESMP requirement

7.2.2.14 Health Settings Impacts i. Increase in HIV/AIDs Infection Incidence ii. Potential impacts from generated dust during construction phase. iii. Increased potential effects from air emissions, caused by construction equipment. iv. Potential effects of wa ste management and control measures during the construction phase. v. During operation phase, possible increased potential effects from air emissions, caused by vehicular traffic.

Mitigation Measures i. Ensure compliance with occupational health and safety act, 2007 ii. Ensure workers are provided with personal protective equipment and first aid kit iii. Ensure all equipment are inspected before use for appropriate safeguards and that the machine operators are trained on machine safety iv. Ensure the working hours are cont rolled and that employees are not allowed to extend the

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working hours beyond an acceptable limit for purposes of gaining extra pay v. Ensure appropriate road safety signage are strategically placed and drivers adhere to the requirements of such signage vi. Provide adequate manual labour to meet the requirements of the tasks vii. Provide appropriate barriers along the excavated trenches. All construction sites shall be isolated from the public and their livestock. This will be done through temporary fencing and fixing appropriate safety signage and information viii. Involve the local people for enhanced ownership and management ix. Upon completion and commissioning of the works, public safety in regard to water quality will be important. Security to be ensured for the borehole and storage tanks. Involvement of the local community will be inevitable in this regard. x. Workers to be sensitized on the consequences of social ills and promiscuous behaviours (over consumption of alcohol, STDs, HIV /AIDS etc). xi. Train and develop capacity especially for inexperienced labourers/workers or newly purchased equipment’s,

Residual Impacts. (Nature of Impact, Geographic Scale, Significance) i. During construction phase, health related impacts will be low but not negligible along the 13km road. The impacts geographical scale will mainly be localized within construction sites only and impacts significance will be minimal. ii. During operation phase, the impacts will be of major low, localized along the project road. Recommendations i. The Contractor to em ploy a safety and health advisor to be handling all safety and health related issues. ii. Review of

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health setting to be done and reviewed on monthly basis. iii. The contractor to comply with the ESMP requirements

7.2.2.15 Security and Public Safety Impacts i. Da mage of public property ii. Delay of work progress iii. Disruption of work progress as a result of insecurity within the workplace or at camps

Mitigation Measures i. Provide security guards at camps and selected working areas on 24/7 basis. ii. Adhered to high standards of safety iii. Construction vehicles should drive carefully, iv. Gravel should be watered at construction sites/built up areas to avoid dust. v. Provide condoms to construction workers. vi. Use secure storage facilities for toxic materials. vii. Employees to be provided PPE. viii. Contractor to provide regular toolbox talks to the workers, to cover security and safety, among other issues. viii.

Residual Impacts. (Nature of Impact, Geographic Scale, Significance) i. During construction phase, the nature of impact is negligible. The impac ts geographical scale will mainly be localized to construction sites only and impacts significance will be of major significance. ii. During operation phase, the impacts will be localized and significant.

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Recommendations The contractor to comply with ESMP re quirement

7.2.2.16 Community Views and Concerns/Public Consultation Public participation may be defined as the involvement of individuals and groups that are positively or negatively affected by a proposed intervention (e.g. a project, a program, a plan, a policy) subject to a decision-making process or are interested in it. Levels of participation in an environmental and social impact assessment vary, from participation through consultation (such as public hearings), to interactive participation (such as workshops, negotiations) and even go a long way to conducting interviews which involve the key stakeholders (among them; government officials, key ministries, institutions/organizations and the local community). Different levels of public participation may be relevant to the different phases of an environmental and social impact assessment process.

(i) Objectives of public participation. Public participation is essential for good governance and may empower local communities. Impact assessment is multi-purposive, aiming specifically to:

§ Invite the affected and interested public into the decision-making process to foster justice, equity and collaboration § Inform and educate the stakeholders (which includes the proponent, public, decision-maker(s) and the regulator) on the planned intervention and its consequences § Gather data and information from the public about their human (including cultural, social, economic and political dimensions) and biophysical environment, as well as about the relations (including those related to traditional and local knowledge) they have with their environment.

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§ Seek input from the public on the planned intervention, including its scale, timing and ways to reduce its negative impacts, to increase its positive outcomes or to compensate impacts, which may not be mitigated and § Contribute to the mutual learning of stakeholders and to improvement of the public participation. § Consultation of the stakeholders and the local community at large was mainly done through issuing of questionnaires to both the local community, (which included the business people, which were prepared in a manner that aimed at getting views and comments from the people that are affected by the project mainly the people who are bordering the facility the roads through which the dual carriage road will pass through.

(ii) Methodology used in the CPP. The exercise was conducted from 21 st January to 30 th January 2019. In accordance to the EIA Regulations 2003 section 17c, appropriate notice was circulated to the affected parties/communities prior to the public meetings .

The exercise was conducted in different ways, namely;

§ Interviews and discussion, § Field surveys and observations, § Administering of questionnaires, § Public meetings held between 28th and 30th January 2019, (attached is a copy of the minutes and pictures in the public participation chapter). During the meetings, the consultants described the project verbally and comprehensively. Structured questionnaires for both key informants and the members of the public were distributed and completed by all attendees. Data from the completed questionnaires were used to identify opinions on the various environmental aspects which were being studied and environmental assessments of the project.

The purpose for such interviews was to identify the positive and negative impacts and subsequently promote proposals on the best practices to be adopted and mitigate the negative impacts respectively. It also helped in identifying any other

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miscellaneous issues which may bring conflicts in case project implementation proceeds as planned.

7.2.2.17 Corporate Social Responsibility (CSR) During the construction phase of the project, the Contractor, in consultations with the project Client (KeNHA) and the supervising engineers consults, will identify the appropriate CSR which will be appropriate for the community or institutions found in close There will be the need for engaging local opinion leaders in CSR Selection and prioritization within the communities. For the institutions, e.g. churches, schools among others, decisions and selection of the apt CSR projects should be made by the management teams, in consultations with the members in close proximity to the project road. Through this, possibilities of erecting unnecessary CSR structures with no relevance to the community. § Complimentary Initiatives. Landscaping and Trees Planting program: The project shall support the efforts of Meru County governments through planting of trees and shrubs to beautify the road corridor, replace trees that may be cut down during construction, protect the road reserve; and planting trees that will contribute towards sequestering carbon emissions.

HIV/AIDS Awareness and Prevention: The project has included in its design implementation of a sensitization and awareness activities to cater for the prevention of the spread of HIV/AIDS, STI and avoidance of drug and substance abuse.

§ Gender Considerations at Construction Sites and RAP Implementation: On gender sensitization, efforts shall be put in place to ensure that both men and women take part in project preparation and implementation. Distribution of jobs during construction shall be guided by the national policy of at least 30% to be women employed. In addition, the contractors and employers shall be obliged to develop a code of conduct to ensure no abuse takes place at the working areas. Appropriate facilities including rest places and ablution facilities shall be provided for both women and men. The National Gender and Equality Commission (NGEC) shall work with KeNHA to ensure appropriate messages and procedures are followed by the service providers in this respect. Of importance is gender

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sensitization during implementation of the RAP to ensure rightful owners of properties are compensated and that for family assets, both wife and husband are availed with full information and payment procedures.

§ Training and Capacity Building for Local Unemployed Youth: Many rural areas in Kenya have an acute problem of youth unemployment resulting into unbecoming behaviours; the project should include, as part of the activities, a training programme to be implemented by the local technical and vocational training institutes. The programme shall be on a self-selection basis and shall be short term. The plan is to commence with the training programme ahead of commencement of construction works to give first hand opportunity to the trainees to get jobs. In addition, the training programme shall include modules that will go beyond construction trades but those that would be sought by the labour market. In order to ensure gender equality, the participants shall have to be at least 30% women youth.

Gender Mainstreaming: Gender mainstreaming is intended to uplift the social and economic status of both men and women. The National Gender and Equality Commission (NGEC) which, among others, is charged with the responsibility of monitoring and reviewing Government’s institutions performance on gender inclusion is developing sector specific indicators. NGEC will assist incoming up with indicators and guidelines as part of the Gender and Inclusion Monitoring Framework. In this process NGEC shall provide technical support in working with KeNHA and the identified service provider to develop the indicators and guidelines.

§ Roadside Amenities Including Parking Areas: The project shall consider provision of roadside amenities and truck parking at designated sites. However, concrete sites and size of locations have not yet been identified and agreed upon with the appropriate authorities. The intention is for the project to compact and pave the sites and in collaboration with the local authorities who should prepare a site physical plan and operate the sites where facilities such as kiosks will be built. Priority for allocation of space shall be to youth and female traders, maintaining gender equity, who shall have been vacated from the project road. Amenities to be included at these sites shall include solid waste bins, potable

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water sources, rest places, restaurants, toilet facilities, shops/kiosks and HIV/AIDS, STIs, and drug abuse information booths, etc.

§ Road Safety Campaigns: The project shall carry out awareness and educational campaigns on road safety. The service provider shall ensure that all road users and operators are educated about the road use and behaviour on the road both during construction and operation. Of importance is adequate signage especially during construction, which will have to be emphasized in the traffic management plan and use of diversions and alternative routes by motorists. Pedestrians will have to be educated about the importance of crossing roads at designated crossing points and use of footbridges to avoid accidents. Particular sensitization programmes will be for schools along the road corridor and motorcyclists.

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8. CHAPTER 8 - ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN

8.1. INTRODUCTION

The Environmental Management Plan (ESMP) is prepared to show how site specific concerns and mitigation measures are addressed through the detailed design, pre- construction, construction and post-construction / operation phase of the Project. The project specific Environment and Social Management plan has been formulated with an aim to avoid, reduce, mitigate, or compensate for adverse environmental impacts/risks. This includes § Mitigation of potentially adverse impacts. § Monitoring of impacts and mitigation measures during project implementation and operation. § Integration of ESMP with Project planning, design, construction and operation.

8.2. OBJECTIVES OF THE ESMP

The Environmental and Social Management Plan (ESMP) describes the range of environmental issues associated with the Project and outlines corresponding management strategies that will be employed to mitigate potential adverse environmental impacts. The ESMP conveys the Project's environmental and social constraints.

The scope of this environmental and social management plan (ESMP) is to give guidelines to all parties involved during construction, maintenance and utilization of the road in fulfillment of environmental and social requirements. The management plan has a long-term objective :

· To bring the project into compliance with applicable national environmental and social legal requirements; · To outline the mitigating/enhancing, monitoring, consultative and institutional measures required to prevent, minimize, mitigate or compensate for adverse environmental and social impacts, or to enhance the project beneficial impacts; · To address capacity building requirements within the relevant Ministries if necessary. · To ensure social interests of the stakeholders are considered throughout the construction and post commissioning phases of the roads.

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8.3. APPLICABLE LEGISLATION AND REGULATIONS

This Environmental and Social Impact Assessment report was guided by a number of environmental legislations, the primary one being the Environmental Management and Coordination Act (EMCA, 1999). This Act makes Environmental and Social Impact Assessments a legal requirement. The ESIA was also guided by a number of subsidiary legislations under EMCA. Other Acts include the Lands Act, Water Act, Occupational Health and Safety Act, Public Health Act Cap 232, Sexual Offences Act No. 3 of 2006, Work Injury compensation Benefit Act 2007 among other pertinent legal and institutional framework guiding road development projects. In addition, there are several social instruments that are relevant to this project including the National Policy on Gender and Development and the National Aids Strategic Plan (KNASP). The Children’s Act prohibits child labor and exploitation of children in a ny form.

8.4. KENHA ENVIRONMENTAL POLICIES AND PROCEDURES

In accordance to KeNHA’s Environment and Social Safeguards Policy, the Authority recognizes that its activities have wider influences and impact on the environment and communities. The Authority should therefore be committed to continually improve its environmental and social performance in implementing Projects. The overall goal of this policy is to give guidelines to the Authority’s activities so that they don’t injure the environment and affect communities. The key objective of the Environment and Social Safeguards Policy is to ensure that environmental and social concerns are incorporated in all Authority’s funded operations. Other objectives include:

· To provide a harmonized compilation of steps and strategies KeNHA will take in environment and social risks management. · To help in maintaining good public/community relations. · To help in conserving raw materials and energy. · To enhance sharing environmental and social solutions. · To ensure that project affected people receive resettlement assistance, preferably under the project, so that their standards of living, income earning capacity, and production levels are improved.

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· To set up a mechanism for monitoring the Authority’s Environmental and Social performance. The guiding principles for the Environment and Social Safeguards Policy are as stated:

· KeNHA recognizes that sustainable development is a fundamental aspect of sound business management and that the pursuit of economic growth and a healthy environment are inextricably linked. · The ‘Precautionary Approach Principle’ is to be used in the absence of scientific consensus that the project action or policy is harmful. · Environmental impacts are trans-boundary. This means that the effect is felt across national and international boundaries. The Authority has embraced the concept "Think Globally, Act Locally”. In this concept KeNHA will consider the impacts of her activities on the health of the entire planet and take action in her local surroundings. · KeNHA upholds the principle that every person in Kenya is entitled to a clean and healthy environment and has a responsibility of safeguarding and enhancing the environment. · KeNHA reckon that the environment offers life support systems and value human life above all else and will manage risks accordingly. Therefore, no task is too important that damage to the environment is justified. Policy implementation is arrived at through the following strategies:

a. Environmental and Social Impact Assessment Environmental and Social Impact Assessment will be conducted to determine whether or not a project will have any adverse impacts on the environment as stipulated in Environmental Management and Coordination Act of 1999 (Revised, 2015). An Environmental and Social Management Plan (ESMP) must be prepared detailing project activities, impacts, mitigation measures, time schedule, costs, responsibilities and commitments proposed to minimize environmental impacts or activities, including monitoring and environmental audits during implementation and decommissioning phases of a project. The plan has also to indicate the parameters to be measured and measurable indicators to be used in monitoring of a project.

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b. Sensitive ecosystems and sustainable management of the environment The Authority shall take all necessary measures to protect and/or minimise impacts on environment resources, to prevent and/or minimizing pollution, and to protect biodiversity and ecosystem integrity, with special regard to sensitive ecosystems such as protected areas, wetlands, forests, and other areas of conservation concern or legal protection

c. Cultural Resources The Authority, its contractors and sub-contractors, shall take all necessary measures to identify tangible and intangible cultural heritage that may be affected by KeNHA activities and projects, and to ensure that procedures are in place to protect and conserve cultural heritage to the extent possible and as required by applicable regulations and standards.

d. Environment and Social Audits From time to time, the Authority will carry out an Environmental and Social Audits (EA) to evaluate activities and processes of on-going projects to determine how far the activities conform to the approved Environmental and Social Management Plan (ESMP) for specific project and sound environmental management practices. 3.5.2 Environmental and Social Audits will be conducted in accordance with the provisions of Environmental Management and Coordination Act of 1999 (Revised, 2015).

e. Land Acquisition and Involuntary Resettlement The Authority shall minimize the need for involuntary resettlement during design of roads. In road projects where acquisition of private land is inevitable, KeNHA shall ensure that the losses are compensated, and livelihoods are restored to at least pre- project levels as required by applicable law and standards. A Resettlement Action Plan (RAP) will be prepared to give guidelines to project stakeholders participating in the mitigation of adverse social impacts of a road project.

f. Occupational Health and Safety (OHS) The Authority shall ensure provision and maintenance of a healthy and safe work environment and safe systems for its employees and those involved in projects.

g. HIV/AIDS Awareness and Prevention

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The Authority shall establish measures to reduce the risk of HIV transmission and to mitigate the effects of HIV and AIDS associated with road projects.

h. Gender and Vulnerable People The Authority shall provide an enabling environment where women, men, and vulnerable people, have equal opportunity to participate in, and benefit from projects.

i. Grievance Redress Mechanism (GRM) The Authority shall establish an effective communication channel among the stakeholders for providing a timely and efficient two-way feedback mechanism to address any complaints made about the project, including those from members of the communities, local businesses and other stakeholders, as well as raising public awareness on the projects and on the availability of a GRM mechanism.

8.5. ROLES , RESPONSIBILITIES AND TRAINING

In order to ensure the sound development and effective implementation of the ESMP, it will be necessary to identify and define the responsibilities and authority of the various persons and organizations that will be involved in the project. The following entities will be involved on the implementation of this ESMP:

8.5.1. KENHA;

The project road is under the jurisdiction of KeNHA (the project proponent). Therefore, the responsibility for ensuring that mitigation measures specified in this ESMP and the contract documents are implemented will lie with them.

8.5.2. MINISTRY OF TRANSPORT AND TRAFFIC POLICE ;

Road safety and accident prevention is the responsibility of the Ministry of Transport and the Traffic Police. It will be the responsibility of the two organs to ensure that road safety policies detailed below is implemented:

ü Mandatory use of seat belts; ü compulsory driver training and testing; ü prohibition and punishment of driving while impaired by drugs or alcohol;

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ü traffic safety education for children; and ü Testing and inspection of all vehicles according to national vehicle safety standards. The Ministry of Transport and Traffic Police should also ensure the following:

ü Ensuring that post-accident emergency assistance and medical care are available to all accident victims ü Developing an accurate accident data recording system; ü Conducting research and regularly monitoring the state of road safety; ü Determining the need for further road improvements (based on accident data); and ü Encouraging research and development of new, safety-oriented road technologies

8.5.3. NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY ;

The government established the National Environment Management Authority (NEMA) as the supreme regulatory and advisory body on environmental management in Kenya under EMCA 1999. NEMA is charged with the responsibility of coordinating and supervising the various environmental management activities being undertaken by other statutory organs. NEMA also ensures that environmental management is integrated into development policies, programmes, plans and projects.

8.5.4. RESIDENT ENGINEER

The Resident Engineer (RE) will be appointed by KeNHA or Supervising Consultant and will be required to oversee the construction programme and construction activities performed by the Contractor, in compliance with the present EMP. The RE should have an Environmental and social officer (ESO) in his team to co-ordinate all aspects of the environment during project implementation. This will include following the construction to monitor, review and verify the i mplementation of the project’s EMP.

During construction, the ESO will be responsible for the following tasks:

ü Updating environmental aspects (not covered in the ESIA / ESMP) during project implementation; ü Auditing environmental and safety aspects at the work sites;

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ü S/He shall participate in the definition of the no working-areas and the location of campsite, borrow pits, quarries and other areas; ü Recommending solutions for specific environmental and social issues; ü S/He shall facilitate the creation of Community Liaison Groups and shall monitor the compliance of the social clauses of the Contract, in terms of local labor force and HIV/AIDS campaign; ü Overseeing strategies for sensitizing the local population on health and safety problems; ü Attending consultations held at key stages of the project with the community and interested parties; ü S/He will be required to liaise with the respective Environmental Authorities on the level of compliance with the ESMP achieved by the Contractor on a regular basis for the duration of the contract; ü Controlling and supervising the implementation of the ESMP; ü Preparing quarterly environmental and social progress or “audits” reports on the status of implementation of measures and management of work sites

8.5.5. LOCAL AUTHORITIES

The relevant departmental officers in the local authorities should be called upon where necessary during project implementation to provide the necessary permits and advisory services to the project implementers. Some of the areas for which the officers will be required include:

ü Approving locations for establishing work camps; ü Involvement in relocation of project affected persons along the road; ü Liaising with the NGOs in the project area to assist in the sensitization campaigns for HIV/ AIDS and public health to the workforce and the local community; ü Issuing permits for tree felling, vegetation clearing, exploitation of quarries and borrow sites (whenever necessary); ü Identifying locations for disposal of construction debris; ü Issuing permits or relevant documentation for health and safety monitoring in accordance with local health and safety legislation and / or ILO standards.

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8.5.6. COMMUNITY LIAISON COMMITTEES

Affected communities living along the road corridor should be asked to form Project Liaison Committees to collaborate with the Project Management (through the liaison office) on issues of concern to the people. The Committees to be established under the County Commissioners’ office (through the Assistant County Commissioners and the Areas Chiefs) in both counties will provide the administrative support for the Committees. Members of the Committees should be drawn from a cross action of the community such as to include local leaders (village elders), landowners, institutions, business people, vulnerable groups, youth, etc. The Committee will comprise of a Chair and a Secretary and will be open a file with the Resident Engineer and the Contractor. Main focus of the Committee will be on issues touching on:

ü Land acquisition issues, ü Employment and recruitment process, ü Health and safety, ü Pressure on resources and amenities, ü Environmental quality including noise and air quality, and ü Access passages and drainage channels blockages. These Committees will need to be established and trained in community matters and development issues.

8.5.7. CONTRACTOR

The Contractor will be appointed by the KeNHA and will be required to comply with the requirements of the ESIA/ ESMP and the Standard Specifications for Road Works in Kenya, which include specifications for Environmental Protection and Waste disposal, Borrow Pit and Quarry Acquisition and Exploitation, Landscaping and grassing and so on.

8.5.8. CAPACITY BUILDING AND TRAINING

It is recommended that capacity building on Environmental Management and Monitoring be integrated as part of this project. The capacity building programmes for the project should include:

ü Programmes to train the project engineers and proponent in the process of the EIA, to enable them participate fully in the implementation of the EMP; and

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ü Programmes to enhance transport management. ü There is also need for the management to be trained on the following aspects to enable them run the road project appropriately; ü Organizational practices; ü Project management; ü Public awareness and community education especially on HIV/AIDs and other related social impacts; ü Financial management ü Operation and maintenance of road infrastructure

8.6. COMMUNICATION WITH STAKEHOLDERS AND GRIEVANCE REDRESS

MECHANISM

In order to deal with the grievances that may arise during the implementation of RAP, there is need to incorporate a grievance redress process within the Resettlement Committee. The grievance redress process will be carried out by a sub-committee within RC which will hear the complaints and provide solutions, and reduce unnecessary formal litigation by resolving disputes through mediation.

The membership of the GRC will be comprised of:

ü A representative of the PAPs; ü NGO at different levels. ü Local leaders

8.7. AUDITING AND MONITORING

Environmental Monitoring is a long-term process, which should begin at the start of construction and continue throughout the life of the road project. Its purpose is to establish benchmarks so that the nature and magnitude of anticipated environmental and social impacts can be continually assessed. Monitoring involves the continuous or periodic review of construction and maintenance activities to determine the effectiveness of recommended mitigation measures. Consequently, trends in environmental degradation or improvement can be established, and previously unforeseen impacts can be identified or pre-empted.

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Environmental audits are supposed to be carried out one year after completion of the project. These audits assess the relevance, efficiency and impact of any mitigation measures that have been employed.

Environmental monitoring is an essential component of project implementation. Environmental Monitoring Plan provides mechanism of monitoring environmental impacts of a project during its execution in order to reduce their negative effects and to introduce standards of good practice to be adopted for all project works. It facilitates and ensures the follow-up of the implementation of the proposed mitigation measures proposed in the EMP. The parameters of the proposed road project identified for monitoring include

ü Vegetation, ü Water Quality, ü Air Quality, ü Soil Erosion ü Solid Waste Management, ü Environmental Risks/Hazards ü Occupational Health And Safety Risks ü Wildlife/Livestock/Human Accidents, ü AIDS/HIV Incidences, ü Resettlement and Livelihood.

8.8. ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) FOR

THE PROJECT

8.8.1. STAGES IN ESMP.

The E SMP refers to all implemental tasks at different stages of project, namely:

i. Construction Phase Environmental & Social Management Plan. The necessary objectives, activities, mitigation measures, and allocation of costs and responsibilities pertaining to prevention, minimization and monitoring of significant negative impacts and maximization of positive impacts associated with the construction phase of the proposed project are outlined in . ii. Operational Phase Environmental & Social Management Plan.

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The necessary objectives, activities, mitigation measures, and allocation of costs and responsibilities pertaining to prevention, minimization and monitoring of significant negative impacts and maximization of positive impacts associated with the operational phase of the road project are outlined in Error! Reference source not found. .

iii. Decommissioning Phase Environmental & Social Management Plan. In addition to the mitigation measures provided in previous chapters, it is necessary to outline some basic mitigation measures that will be required to be undertaken once all operational activities of the project have ceased. However, it is envisaged that the road services will be always provided. The necessary objectives, mitigation measures, allocation of responsibilities, and costs pertaining to prevention and minimization of all potential impacts associated with the decommissioning and closure phase of the project are outlined in Error! Reference source not found. .

The tables below summarizes the environmental management plan for the project road. It describes parameters that can be monitored, and suggests how monitoring should be done, how frequently, and who should be responsible for monitoring and action. The costs for the various mitigation measures are likewise presented in this section. It will be noted that many of the costs (for example those for drainage structures) will be included in the Bill of Quantities (BoQ) for the design. Other issues such as sensitization of the workforce or the public, and management issues can be done at negligible cost.

List of components to be addressed include

· Physiography and Geology · Soils · Air Quality · Surface and Groundwater Resources · Water Quality · Terrestrial Environment (Habitats, Flora, and Fauna) · Land Resources and National Parks · Archaeological, Historical and Cultural Sites · Visual Aesthetics · Noise and Vibrations · Solid and Liquid Wastes · Social Characteristics · Economic Characteristics · Occupational Health and Safety

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· Security and Public Safety

The structure of the Environmental and Social Management Plan and areas of concentration to be addressed is outlined in the table below. Further other general requirements and trainings are outlined below.

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Indicator Sampling Measurement Target Costs Applicable (yes/No) Parameters Monitoring Re sponsibility Method level/ estimate If ‘No’ then provide a short frequ ency for monitoring Area Units standard s (Kshs ) justification

LandPre- construction and Phase Proponent site

Total cost of monitoring during pre-construction phase

Construction Phase

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Indicator Sampling Measurement Target Costs Applicable (yes/No) Parameters Monitoring Re sponsibility Method level/ estimate If ‘No’ then provide a short frequ ency for monitoring Area Units standard s (Kshs ) justification

Total cost of monitoring during construction phase Operation Phase

Total cost of monitoring during operation

Table 8-1: The Proposed Environmental and Social Management Plan

Sr. No. Type of Impact Management Actions and Target Areas Responsibility Estimated Costs (KES)

1 Air quality Ensure deviations and dry materials are kept damp at all times Contractor(s) 4,000,000

Materials extraction under damp conditions Resident Engineer

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Sr. No. Type of Impact Management Actions and Target Areas Responsibility Estimated Costs (KES)

Establish information flow process to the communities on dusty conditions

Material delivery trucks to comply with established emission standards

Control speed of construction vehicles

Proh ibit idling of vehicles

Sensitize workforce

To avoid toxic fumes, residences should be at least 500 m from windward side of asphalt mixing sites

Water should be sprayed during the construction phase on excavated areas, deviations routes, and temporary access roads leading to borrow pits, and asphalt mixing sites

In filling sub -grade water spraying is needed to moisten the material and to assist in compaction. After compaction, water spraying should be regular to prevent dust

Regular maintenance of plant and equipment

Impose speed limits for all vehicles, especially at the trading centers and busy junctions

Sensitize motorists/road users

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Sr. No. Type of Impact Management Actions and Target Areas Responsibility Estimated Costs (KES)

Undertake sampling for air quality at in pre-identified locations every 6 months

2 Changes in Install proper drainage structures Design Engineer 10,000,000 hydrology/ Drainage; and Ensure efficiency of drainage structures Resident Engineer

Use of water Consult local residents in siting of boreholes Contractor resources Proper and management of water usage

Plan for harvesting and storage of water during rains by construction of water pans for use later

Plan works schedule according to water availability

Abstraction from rivers and streams are not to be done during low flow

Ensure valid permits on construction water abstraction

Groundwater ab straction be on permits conditions (locations to be identified

Ensure the public at target water sources gets priority

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Sr. No. Type of Impact Management Actions and Target Areas Responsibility Estimated Costs (KES)

3 Soil erosion Control earthworks Resident Engineer 3,000,000

Install proper drainage structures Contractor

Install soi l erosion control measures

Landscape embankments and re -vegetate gravel sites

Plant shrubs and trees along the road and on approach to towns (e.g. Acacia trees that occur locally in the area)

Proper management of excavation activities

Damaged drainage syst ems should be rebuilt or rehabilitated by suitable methods

4 Material sites Inform people living at/near the sites that the pits have been selected for Contractor 9,000,000 exploitation.

Plan access to gravel sites

Control and restrict a ccess to gravel sites (e.g. by fencing)

Control earthworks

Proper management of excavation activities

Rehabilitate (Landscape, water pans, terracing, and grass sites) old and new

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Sr. No. Type of Impact Management Actions and Target Areas Responsibility Estimated Costs (KES)

gravel pits.

5 Vegetation Controlled clearing – avoid unnecessary clearing of vegetation Contractor 3,000,000 cover degradation Replant areas where vegetation is unnecessarily removed Resident Engineer Landscaping and planting all disturbed areas (pits, deviations, embankments, camp sites)

Plant shrubs and trees along road and on approach to towns (e.g. Acacia trees that occur locally in the area)

Re -vegetation to be done just before the rains

Care for planted trees/other plants

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Sr. No. Type of Impact Management Actions and Target Areas Responsibility Estimated Costs (KES)

5 Noise pollution Sensitize workforce Contractor To be covered under planning and Supervise construction traffic Resident Engineer administration costs of the Sensitize dri vers of construction vehicles Traffic Poli ce Contractor

Maintain plant and equipment

Workers in the vicinity of high level noises to wear safety & protective gear

Impose speed limits for all vehicles, especially at the towns and settlements

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No.

6 Garbage or Solid Wastes Garbage will be disposed-off periodically from labor camps Contractor 5,000,000

Sufficient measures will be taken in the construction camps i.e. provision Resident Engineer of garbage bins and sanitation facilities. If septic tanks are installed, waste will be cleared periodically

The Contractor to develop waste management plans and provide appropriate facilities for their operations

Prepare signed agreements with landowners where spoil earth is to be disposed indicating conditions and responsibilities for restoration and management,

The spoil disposal sites should be approved by NEMA before d umping commence

Consider re -use of used/waste asphalt concrete for public access roads in the neighboring urban areas

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Sr. Type of Impact Management Actions and Target Areas Responsibility Estimated Costs (KES)

No.

7 Land use changes Monitor emerging land use trends along the road during construction in KeNHA This is an administrative liaison with planning department of the county government of Meru aspect and no direct costs County Government are anticipated on this item Land use planning and zoning to commence during the construction phase (Meru ) and enforced immediately Planning KeNHA to encourage the local authorities on the provisions of social amenities along the corridor in l ight of changing social and economic Department development

8 Health (Public health Special attention shall be paid to the sanitary conditions of camps Resident Engineer 3,500,000

and occupational safety) Sensitization campaign on STDs &HIV/AIDS will be mandatory at the Contractor camps and in the community and Safety Police Preventives measures like use of condoms, voluntary testing for HIV/AIDS 1,500,000 Provide safety programmes for material sites and working areas including HIV/AIDS emergency response mechanisms

Awareness, prevention and training on HIV/AIDS and other social diseases such as TB

Provide wellness centers at:

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Sr. Type of Impact Management Actions and Target Areas Responsibility Estimated Costs (KES)

No.

The construction camp sites

Adoption of pre -identified health centers within the road corridor

Provide group m edical insurance and Personal Protective Equipment (PPEs) for the construction workers

Provide police security to the Contractor

9 Road safety Install warning signs and speed bumps on approach to towns and Resident Engineer 2, 00,000 settlements Contractor Appropriate information and warning signs shall be provided along all the deviation roads for enhanced safety Traffic Police

Enforce vehicular speed limits

Monitor road accidents

Enforcem ent of Traffic Act

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No.

10 Socio- economic/Resettlement Enhance collaboration with communities on construction activities Contractor 593,401,883 Action Plan affecting them through established Community Liaison Committees Resident Engineer The estimates for the Provide deviations and accesses to affected premises during construction KeNHA – CSR resettlement action plan (RAP) throughout the corridor will cover land acquisition, (corporate social restoration of livelihoods The Contractor to establish and manage environmental an d social responsibi lity) initiatives to oversee mitigation measures developed under this report and other negative impacts Contractor – CSR arising within the community Ensure effective signage and information to road users, especially on (corporate social as a result of the road project. deviations and construction sections with obstacles responsibility) the cost is calculated based on the valuation of the impacted Provide safe crossings and walkways during the constru ction works Property Owners, assets and structures, and backed up with appropriate signage Traders and residents break up of the same cost is Provision for community improvement services under social responsibility presented in Chapter - 14 of including health, education, water supply, sanitation, access roads, etc. Volume VIII RAP The Contractor to prepare and consult on an employment plan an d Report. implement in accordance to Kenyan labour law

At least 60% of employment (casuals) to involve the local population, especially the youth and women

Follow -up on the implementation of RAP

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Sr. Type of Impact Management Actions and Target Areas Responsibility Estimated Costs (KES)

No.

11 Water pollution Solid waste at construction camps, and equipment maintenance Resident Engineer To be covered under workshops should planning and Contractor not be dumped in or near any water bodies (rivers, streams, etc.) along the project road or area of influence

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Sr. Type of Impact Management Actions and Target Areas Responsibility Estimated Costs (KES)

No.

Proper handling, storage and disposal of oil and oil wastes administration costs of the Contra ctor Proper disposal of wastewater / sewage at Contractor's/ workmen's camps

Maintenance and repair of construction vehicles/plants should be carried out at dedicated areas at the Contractor's camp

12 Oil pollution Proper handling, storage and disposal of oil and oil wastes Resident Engineer To be covered under planning and administrative costs of Maintain plant and equipment Contr actor the Contractor Maintenance and repair of construction vehicles/plants should be carried out at dedicated areas at the Contractor's camp

13 Wildfires Install warning signs along the road not light fires near bushes as this could Resident Engineer To be covered under planning and result in wild fires ad ministrative costs of Contractor the Contractor

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Table 8-2: ESMP Post-Construction Phase

Sr. Type of Impact Management Actions and Target Areas Responsibility Estimated Costs (KES)

No.

1 General In order to comply with established environmental standards including waste KeNHA No direct costs are environmental management regulations: anticipated (this is part of poll ution County Governments the road administration). Provide public waste receptacles at strategic locations along the route (bus stops, foot bridge landings and crossing areas) Traffic Police

Introduce clean -up respon sibilities and charges for the road users (e.g. spills from accident vehicle owners) to reduce road related environmental pollutants and visual nuisance

Drainage channels to be kept clear at all times to prevent overloading with polluting materials.

Draina ge outfalls are to be acquired and kept free of encroachments

KeNHA to consider developing and enforce vehicular emission regulations in consultations with NEMA

2 Road safety Establish road safety strategies for the road complete with sensitization KeNHA No direct costs are programmes for the road users including motorists, pedestrian, etc. anticipated (this is Increased road Traffic Police

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Sr. Type of Impact Management Actions and Target Areas Responsibility Estimated Costs (KES)

No.

accidents Provide parking bays for heavy goods vehicles and public transport vehicles Department

General security aspects

Sr. Type of Impact Management Actions and Target Areas Responsibility Estimated Costs (KES)

No.

Road safety issues Liaise with the Traffic Police on ways to ensure compliance with road County Government part of the road regulations administration). Vandalism of saf ety installations Ensure maintenance of signage, crossings, speed breaks and other facilities at all times (in view of the current challenge of vandalism of road safety insta llations in the country)

Maintain non -motorized transport (NMT) facilities (overpasses, underpasses and crossing rumps at all times)

Involve community leaders and administration in ensuring usage and sustainable

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No.

utilization of NMT provisions for public safety

3 Health Enhance initiatives for information and awareness as part of the road KeNHA Part of the road displays administration Cases of HIV/AIDS and other NEMA social diseases, Organize and implement HIV/AIDS Awareness programmes along the road corridor in liaison with relevant authorities (make it a long Land Use Planning Dust associated infections term initiative) divisions within County Government Noise and vibrations Maintain on corporate social responsibility (CSR) basis the wellness centers (including the VCT Services and ARVs) loca ted within the truck parking yards and improved public health centers for long term benefits to the communities.

Introduce vegetation cover (trees and shrubs) along the road reserve as noise buffer to the immediate premises close to the road

Influence land use practices and building characteristics along the road for low noise conflicts (orientation, design considerations,

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No.

distance from the road)

Influence County Governments policy on land use planning along the corridor with among others annuals noise monitoring to influence land use practices

Sensitize motorists/road users

4 Social Aspects Collaboration with Land Use Planning departments of the County KeNHA Part of the road Governments to influence collaborated land use zoning administration Increased population County Government Maintain in collaboration with the County Governments social Local Higher traffic volumes facilities within the corridor including bus bays, sanitation, waste Road safety issues bins, roadside dra ins, etc. community small scale Consider collaborated emergency response facilities within proximity traders of the road. The wellness centers proposed earlier are appropriate for this purpose

Encourage landowners close to maintain road reserve sections in

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Sr. Type of Impact Management Actions and Target Areas Responsibility Estimated Costs (KES)

No.

front of their premises, including beautification, drainage maintenance and vegetation

clearance. This will enhance ownership and responsible use of the road

5 Economic Aspects Collaborations for sustainable social and economic development KeNHA Part of the road admini stration Land use change s due to Maintain truck parking yards on drainage, water supply, waste County Government efficient transport collection and lighting/security Local Mixed economic activities Enhance income generation opportunities for the County (general trading, industrial, Governments and the local communities community small scale institutional, etc.) traders

Involve local youth on road maintenance to enhance income and ownership

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No.

6 Road Maintenance: Establish modalities for the involvement of the residents in the KeNHA Costs within the road maintenance of the road maintenance budgetary Blockage of drainage and County Governments allocations hindrance to free storm Install and maintain appropriate road signs water flow Collaborate on the control of roadside billboards that are a safety Accumulating roadside litter risks collection Maintain trash bins at strategic locations along the roads including Effects on road safety from bus stops, foot bridge landings, under pass exits inadequate facilities and signage maintenance

Encroachment into the road reserve

Illegal roadside land

development practices

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Table 8-3: ESMP Decommissioning Phase Sr. Type of Impact Managemen t Action and Target Areas Responsibility Estimated Costs (KES)

No.

1 Decommissioning of Carry out decommissioning audits for the camp sites and seek Contractor About 6,500,000 on Construction Installations approval of the decommissioning plans from NEMA decommissioning aud its Resident Engineer studies and Removal of construction Prepare and submit for approval by NEMA the rehabilitation camps and restoration plans for all materials sites used for the project KeNHA development of (quarry sites, borrow pits and spoil dumping areas) decommissioning plans Rehabilitation of material sites Rehabilitate all material sites and materials preparation yards in Materials batching yards accordance with the approved rehabilitation plans Construction equipment removals

Clean up -up at fuelling yards

Removal of the road

Pavement

2 Decommissioning of road: Undertake a decommissioning audits of part, sections or entire KeNHA No direct cost estimates at ro ad and establish appropriate measures for prevention of this stage (Any decommissioning of the road Contractor environmental pollution and public safety risks section or its components should NEMA for surveillance be preceded by Apply established decommissioning plan for the removal of part of all sections of the road

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No.

preparation of removal plan)

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8.9. GENERAL EHS PLANS REQUIREMENTS IN CONSTRUCTION PROJECTS

Construction sites are potentially hazardous and may pose risks to workers and passersby such as falling objects, working from rooftops or scaffolding, exposure to heavy construction machinery and electrocution while operating electrical equipment in moist areas. It is therefore a necessity to develop an Environmental Health and Safety (EHS) Management plan to regulate environmentally instigated diseases and occupational safety measures during construction and operation phases of the proposed project.

It is the obligation of the proponent and the contractor to ensure a safe and healthy environment at the workplace and within the neighborhood to prevent occupational diseases, avoid injuries, damage to property, control damage to equipment and enhance environmental sustainability through the developed sound conservation measures.

A EHS Consultant is expected to assess the site and identify all the potentially hazardous points, machines or activities on site, communicate them to the construction workers and passersby by use of posters, warning signs and even by word of mouth. The specialist should then propose ways in which some of these risks can be minimized or avoided completely.

8.10. OCCUPATIONAL HEALTH AND SAFETY PLAN

The issues raised in this section are meant to have the project implemented with none or minimal safety and health concerns to the workers involved in the construction and the public. The project must also meet the statutory health and safety obligations as outlined below.

ü Approval of Plans Before commencing construction, after the design stage, the proponent needs to make an application to the Director of Occupational Safety and Health Services for approval of plans.

The Oc cupational Safety and Health, Act 2007 section 125 (1)states; ‘No building shall be erected or converted for use as a workplace and no structural alteration and no extension shall be made to any existing workplace except in accordance with plans showing details of the proposed construction, conversion, alteration or extension, approved by the Director.

(2) Upon receipt of a written application supported by such particulars as may be prescribed for the approval of any plan described in subsection (1), the Director shall:

a) If he is satisfied that the plans provide for suitable premises for use of a workplace of the type proposed, issue a certificate of approval for such plans; or

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b) If he is not satisfied, refuse to issue a certificate of approval and shall state in writing to the applicant the reasons for such refusal’.

i. Principles of OHS The principles of environmental health and safety involve three main actions:

a) Risk identification and assessment - This shall involve identifying the various hazards and risk at the site that have the potential to occur, all the people who may be at risk such as employees, cleaners, visitors, contractors, the public, etc. as well as determine whether a control program is required for a particular hazard. b) Risk communication – Risk communication refers to the exchange of real-time information, advice and opinions between workers and people facing threats to their health, economic or social well-being. The ultimate purpose of risk communication is to enable people at risk to take informed decisions to protect themselves and their loved ones. Risk communication uses many communications techniques ranging from media and social media communications, mass communications and community engagement. It requires a sound understanding of people’s perceptions, concerns and beliefs as well as their knowledge and practices. c) Risk management – This involves actions implementing risk evaluation decisions, monitoring, re-evaluation and prioritizing, and compliance with legal requirements that safeguard health and safety at construction sites The OHS personnel shall be required to determine if existing control measures are adequate or if more should be done. ii. Occupation Health and Safety during construction Works The following are recommendations to ensure the health and safety of the workers and general public shall be taken into consideration:

Hoarding of site works

On award of contract, the proponent shall hand over the site to the contractor. Where necessary the contractor should seclude working area to help avoid exposing non interested parties to the various hazards in the works area.

Registration of Construction Site

The contractor appointed to carry out this works shall carry out his operations in accordance to the requirements of OSHA and particularly the ‘Building Operations and Works of Engineering Construction) Rules, 1984’. Rule no: 6 (1) Notification of commencement or taking over of operations or works.

‘A main contractor shall, within seven days of commencing or undertaking buildi ng operations or works of engineering construction, notify the Chief inspector in writing of: a. The contractor’s name and postal address; b. The address or location of the site of the operations or works; c. The date of commencement d. The expected date of completion; e.

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Whether mechanical power is used or not; f. The number of persons expected to be employed’.

Rule no: 7 (1) on the appointment of a safety supervisor states; ‘Every contractor who employs more than twenty persons shall, for every site on which he is the contractor appoint one or more persons experienced in the operations or works carried out at the site and suitably qualified for the purposes to: (a) Advise the contractor as to the observance of the safety, health and welfare requirements under the Act and under these Rules; and

Borrow pit/Quarry Rehabilitation Plan

Quarrying is one of the areas that can lead to substantial impacts on the environment. Provisional hard stone material sites will have to be identified by the contractor(s). Below are some negative impacts that are associated with the quarries and broad guidelines for managing them.

Potential negative impacts

ü Vegetation clearance and loss at the site, and along created access roads. ü Blasting could have substantial impacts as follows: ü The workers are exposed to risks of scattering rocks, dust and deafening noise during blasting. ü As some quarries may be close to the main road, motorists, although few, could be affected by sudden nearby blasts, which could lead to accidents. ü Large quantities of dust and noise can be generated during blasting, which could affect the workers. ü Blasting can adversely affect wildlife by scaring them, which in turn can affect their behaviour, breeding patterns, and in some cases can even cause death. Mitigation measures

• The contractor will be expected to formalize licensing.

• Topsoil material resulting from stripping or associated operations should be stockpiled in raised areas so as to avoid being washed away by any sudden storm.

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• The environmental rehabilitation measures needed (after completion of certain works) should be enforceable through provisions in the contract agreement(s) for the construction works.

• Blasting should take place at pre -arranged designated times and the affected public, within approximately 1 km radius, duly informed. Appropriate warning signs on the road will also need to be erected.

• Keep workers a minimum 350 m away from the blast spot to avoid scattering stones. If possible, machinery and other facilities should also be kept at least 200 m from the blast site. These distances will, however, depend upon the charge power. The workers should return to the working zone 10-15 minutes after the explosion

• The storehouses of explosives should not be kept on th e sites; instead they should be delivered to the site as necessary from special storehouses managed by the contractor.

• Only qualified personnel should be allowed to handle explosives.

• Fence off the entire quarry to prevent wildlife and even the public, especially curious herds’ boys from accidentally falling over the cliff.

• Development should be oriented so that grading and other site preparation is kept to an absolute minimum. Natural features, landforms, and native vegetation, such as shrubs and occasional trees, should be preserved to the maximum extent feasible.

• Any adjacent water facilities, or structures such as water pans, should be protected.

• An attendant should be stationed at the entrance gate of the access road at all times, when the quarry is open, to control entry to the site. The entrance gate should be locked when the quarry is not in operation.

• Quarrying operations should be conducted in a neat and orderly manner, free from junk, trash, or unnecessary debris. Where in public view, salvageable equipment stored in a non- operating condition should be suitably screened or stored in an enclosed structure.

Post-closure recommendations

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ü Piles or dumps of quarry waste should be stockpiled in such a manner as to facilitate phased reclamation over the quarrying period. Such waste should be segregated from topsoil, etc. ü Topsoil should be spread on hard rock surfaces to allow natural colonization by vegetation over time ü At closure, all dumps of quarry waste and overburden should be used to landscape the area to conform to the surrounding topography as much as possible. ü Reclamation surfaces, however, should be provided with available native soils and vegetative debris recovered in quarrying and these materials should be placed in crack systems where plants could potentially propagate. To increase the potential for successful reclamation and to augment topsoil from the site, additional topsoil may be required to be imported to the site.

8.10.1. VEHICLE /T RAFFIC MANAGEMENT PLAN

This plan establishes procedures and protocols for site access, traffic routing and Management in relation to vehicle and employee transportation during the dualling of Meru B6 road. The road safety of public, employee / construction workers will be considered during construction period to ensure there is no or minimal inconvenience, delay, injuries or losses. The road in current state has high traffic volume mostly used by commercial vehicles, Boda Boda operators and local motorists and it is expected to continue during construction phase, the only additional traffic volume will be the construction vehicles.

General safety scheme

i. In the interest of site security and public safety, access to borrow pit quarrying and sections of the road where work will be in progress will be restricted to authorized construction workers and guests. ii. Town sign with end of town sign on opposite side facing the town near or shortly before start of built-up town section. iii. Rumble strips across the carriageway and shoulders at the same location as the town sign. These rumble strips will alert the motorist of the speed limit sign ahead.

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iv. Speed limit sign, 50 km/h, about 50 m after the town sign and at end of the 50 km/h sign facing the town in the opposite road side. End of prohibition sign for the 50Km/h speed is provided at the end of the town. v. Speed hump sign about 100-150m ahead of speed humps/raised pedestrian crossings and with a sub-sign specifying number of humps, if more than one speed hump is provided in the town. vi. Raised pedestrian crossing (a flat speed hump) at the town Centre where many pedestrians need to cross the project road. These are also provided with a pedestrian crossing sign. vii. Bus bay in each road side with the left side bus bay staggered forward (if practical) and a speed hump or raised pedestrian crossing in between the right and left side bus bay. Hereby bus passengers will be inclined to pass the road behind the bus which is safer than crossing ahead of the bus due to better visibility, especially if the bus actually move on before the passenger is crossing the road. viii. Wide asphalt concrete paved shoulders, 2.00m wide for the outer shoulder in both sides of the road even in the built-up part of the towns and villages. ix. Junctions, all junctions in relation to type of side road and volume and composition of traffic on the side road has been designed with ancillary lanes to enhance some safety. x. Provision of Localized street lighting for the major towns xi. Access routes to material sites will have appropriate road safety signage placed to caution road users. xii. Environmental sustainability will be enhanced by optimal use of existing trails and disturbed areas to avoid opening up additional routes or corridor that might cause unnecessary disturbance to valued environmental components such as soils and terrestrial flora and fauna. xiii. Safety Signage will be posted near all construction sites xiv. Prior communication will be made to the public of impending road closure and detour routs in time. xv. Provisions in occupational health safety, 2007 shall be complied with to enhance general safety Incidence reporting

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i. Safety officer will be in charge of keeping incident register to keep records of accidents/crashes or near misses on site, reporting accidents to area DOSH and local traffic police within 24 hours of crash after briefing both the site agent and resident engineer. ii. Construction drivers and plant operators will be educated/trained on safety including traffic protocols and speed limits during mandatory orientations. The Table below provides safety recommendations that have been factored in design:

Table 8-3: Safety recommendations

General Accident Situation Designed Countermeasure

Pedestrian/vehicle conflicts · pedestrian / vehicle segregation (sidewalks or wide shoulders) · raised pedestrian crossings · speed control · Footbridge Vehicular Loss of control • road markings

• delineation

• speed controls

• guardrail

Darkness • reflective signs

• reflective road markings

• delineation

Poor visibility • improve sightlines

• realignment

• conspicuity

Oncoming vehicle glare • Ample median

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General Accident Situation Designed Countermeasure

• Provision for tree planting within the median

Poor driving behaviour/ lane • road markings discipline • enforcement/Awareness

• median barriers

Collision with roadside • better delineation obstacles • guardrails

• frangible posts

Skidding • restoring surface texture

Turning movements • turn prohibition

• channelisation / right turn lane

• acceleration / deceleration lanes

Light / heavy vehicle conflicts • bus bays

• Manageable gradients

Parked vehicles • parking controls & provision

Roadside Stalls • Service roads/ Wide shoulders

8.10.2. WASTE MANAGEMENT PLAN

It is expected that the special specifications will obligate the contractor to dispose of different categories of waste appropriately. For example, steel wasted lengths may easily be taken by the Jua Kali (informal) Industry.

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In general, the contractor will be required to develop construction specific Waste Management Plans prior to the start of construction work. At the start of the construction contract, the contractor will undertake a waste minimization/treatment/disposal study, guided by the project waste management strategy. The study will identify and quantify the expected wastes and describe:-

ü Proposals for reduction, treatment processing ü Third parties to whom waste will be transferred for re-use ü Liaisons with the local Councils to identify and document suitable council disposal sites ground, landfill and incineration facilities. ü Other locations of landfills or waste storage sites to be adopted if local Council facilities are inadequate. ü On site incineration facilities to be adopted if local Council facilities are inadequate. The findings of the study will be used in the development of the construction waste management plans which must adhere to the EMCA - Waste Management Regulations of 2006. At a minimum, these plans will include:-

ü A consolidated summary of the applicable regulations and restrictions governing the generation, handling, treatment and disposal of wastes generated during the construction/commissioning phases of the Project. ü Any permitting requirements for waste treatment or disposal. ü Detailed method statement for each element of the waste management handling, treatment and disposal process ü Any third party agreements for waste handling, transfer or disposal

8.10.3. CAMP DESIGN /I NSTALLATION PLAN

8.10.4. AUXILIARY PLANTS

8.10.5. SPILLS PREVENTION AND RESPONSE PLAN

The contractor will prepare a plan of managing, handling, and storing hazardous or regulated substances whose spill may cause environmental degradation. The plan will minimize the risks of a spill and mitigate potential effects to construction personnel and the environment if a spill does occur on site during the construction period. Before approving the plan, KeNHA

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will scrutinize if the proposed plan is cable of preventing and responding to spills to control pollutant runoff from construction facility or spilled area to the surrounding.

Even with the best preventative efforts, spills may still occur. When they do, the facility personnel will respond as quickly as possible and effectively to clean up the spilled material or notify qualified personnel.

Spill Prevention

All hazardous substances, including chemical wastes, bitumen, will be managed in a way that prevents release. The following general requirements will be complied with;

a. Container Management i. All hazardous substance containers will be kept in good condition and compatible with the materials stored within. ii. All hazardous substance containers will be accessible and spacing between containers will provide sufficient access for periodic inspections and response to spills. iii. Empty hazardous substance containers will have all markers and labels removed and the container mark ed with the word ‘empty’. iv. Any spills on the exterior of the container will be cleaned immediately. v. Flammable materials such as fuels will be stored or dispensed from underground bunded drums/tanks. b. Good Housekeeping i. All hazardous substances will be stored inside buildings or under cover; All chemicals (oils/fuels) that are transferred from larger to smaller containers will be transferred by use of a funnel. ii. All hazardous substance containers will be closed while not in use; iii. Drip pans or other collection devices to contain drips or leaks from dispensing containers or equipment will be used; iv. Preventative maintenance activities to reduce the potential for release from equipment will be implemented; v. Small spills or leaks will be cleaned up immediately and properly managed; Periodic inspections for equipment and hazardous substance storage areas will be conducted to ensure leaks or spills are not occurring;

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vi. Signage will be used to identity hazardous substance storage or waste collection areas; and vii. All work areas and hazardous substance storage areas will be kept clean and in good general condition. c. Secondary containment Bulk chemicals e.g. fuels will be stored in appropriate secondary containment, or any sized chemical if there is a potential for release to the environment.

Secondary containment will be checked periodically, and any spills identified in secondary containment will be immediately cleaned up and disposed appropriately.

d. Marking/labeling i. All hazardous substances, including chemical wastes, will be properly marked and labeled in accordance with relevant regulations or guidelines. ii. Hazardous substances being transferred to small containers will be clearly marked with the chemicals name (example-diesel) and hazard (example- “Flammable”). Response

Will be enforced whenever there is spill incident threatening workers, public safety or the valued components of the environment. The response strategy shall be reviewed and immediately amended as necessary.

In the event of a hazardous substance spill or release, the concerned or responsible personnel will consider the following strategies to contain the spillage from entering nearby environment while taking into account personal safety first.

a. Stopping, containing, and cleaning up the spillage if:

ü The spilled chemical and its hazardous properties have been identified; ü The spill is small and easily contained; ü Responder is aware of the chemicals’ hazardous properties. b. If a spill cannot be controlled or injuries have occurred due to the release, the following procedures will be implemented:

ü Summon help or alert others of the release;

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ü Evacuate immediate area, and provide care to the injured, call emergency response number; ü If potential fire or explosion hazards exist/ initiate immediate evacuation procedures; ü Respond defensively to any uncontrolled spills by use of appropriate PPEs, shutting off the source of spillage and using adsorbent to protect drainage systems; ü Notify onsite emergency contact(s); ü Notify other trained staff to assist in spill response and cleanup activities; ü Be prepared to provide MSDS information to fire department, construction safety management team, hospital or physician; and ü Notify appropriate agency such as NEMA if a release has entered the environment. c. Evacuation Procedures:

In the event of a hazardous substance release that has the potential for fire, explosion or other human health hazards, the following procedures will be implemented;

ü Facility staff will be notified of evacuation; ü Notification for emergency services will be performed; ü Facility staff will follow predetermined evacuation routes and assemble at designated areas. Evacuation maps will be displayed throughout the facility; ü Individuals responsible for coordinating evacuations will confirm if the premise has been completely evacuated; ü Facility staff will be made familiar with evacuation procedures during new employee orientation, and annual trainings thereafter; and ü Designated emergency response contacts will coordinate all activities with outside emergency personnel. d. Spill Cleanup and Disposal:

The spilled substance will be appropriately characterized to determine if it designates as dangerous waste. The designated onsite safety officer, with the assistance of NEMA licensed waste handler will determine waste status and ultimate disposal.

8.10.6. EMERGENCY RESPONSE PLANS (ERP)

KeNHA as the proponent will ensure that the contractor awarded the construction work institute and maintain procedures that document clear protocols to ascertain and respond to

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environmental incidents and emergency situations, and for averting or mitigating risks and impacts resulting from the construction works. The emergency response plan will address the following;

ü Hazard identification/assessment; ü Emergency resources; ü Communication systems; ü Administration of the plan; ü Emergency response procedure; ü Communication of the procedure; and ü Debriefing and post-traumatic stress procedures. The contractor’s emergency response plan will have to be approved by KENHA before t he commencement of construction works. Part of the environmental awareness plan will be devoted to ensuring that all of the Contractor’s workforce is competent in terms of skills and experience in environmental emergency response.

Hazard identification/assessment

The contractor will have to identify potential hazard/risks through review of;

ü Transportation, materials handling, hoisting, equipment or product installation, temporary structures, material storage, start-up, and commissioning activities ü Environmental and social concerns. ü Consultation with the workers, supplier’s suppliers and other stakeholders to regarding potential hazards regarding scope of work and supplied machines, equipment or materials; ü Resources such as material safety data sheets to determine potential hazards from on- site materials ü Proximity of construction site/work area to traffic, human settlements and other social gathering areas. Emergency resources

The contractor will set aside contingency resources necessary for an appropriate emergency response. This may include:

ü Emergency call telephone number ü Fire extinguishers ü Spills containment equipment ü First aid kits ü Personnel e.g. resident medical staff workers and safety officer ü Emergency evacuation equipment Incident register etc. Communication systems

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The contractor will set up communications system that will relay accurate information for quick response. The communication systems will be accurate, reliable with defined procedure of communication and trained staff. The communication systems will have back up system put in place in case the system is rendered useless by the emergency. The communication systems will cover;

ü Hazard information such as safety data sheets; ü Training, monitoring and drills; ü Procedures for controlling incidents and undertaking remediation work; and ü Internal and external responsibilities for the follow-up investigation and remediation Administration of the Emergency Response Plan

There will be safety officers tasked with administering and organizing the plan to ensure that every worker understands their roles and responsibilities within the emergency response plan. The safety officer will also be monitoring and evaluating the availability of emergency resources, whether people or equipment, are kept at adequate levels in step with the progress of the project.

Emergency response procedure

The emergency calls may come from any source within the project area where construction activity /activities will be taking place. The contractor will develop response procedure depending on the scope of work. In general, the following basic and essential response procedures will be adopted during an emergency;

ü Staying calm; ü Assessing the situation; ü Taking command; ü Providing protection; ü Aiding and managing; ü Maintaining contacts; and ü Guiding emergency services. Communication of the Procedure

To be effective, an Emergency Response Procedure will be clearly communicated to all construction workers. The following activities will be undertaken;

ü Reviewing the procedure with new site subcontractors and new workers to ensure that it covers their activities adequately; ü Reviewing the procedure with suppliers to ensure that it covers any hazards that might occur due to storage or delivery of their materials; ü Reviewing new work areas in operating plants with owner/client to ensure that new hazards are identified and covered in the procedure;

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ü Reviewing the procedure with joint Health and Safety Committee or Health and Safety Representative on a regular basis to address new hazards or significant changes in site conditions; and ü Post the procedure in a conspicuous location.

8.10.7. ENVIRONMENTAL AWARENESS PLAN

To ensure that the ESMP is effectively implemented, the project implementation team at all levels of management will be responsible for ensuring that all personnel reporting to them are aware of the requirements of ESMP. The Environmental and Social Safeguard teams from both the supervising Engineer and the contractor will coordinate and manage environmental conservation awareness programs. Excellent environmental awareness plan will include measures for;

Environmental induction

All personnel, including sub-contractors, will be required to attend a compulsory site induction that includes an environmental component prior to commencement on-site. Environmental and Social Safeguard teams will conduct the environmental component of the site induction. The environmental component will include an overview of:

ü Relevant details of the ESMP including purpose and objectives ü key environmental issues, i.e. protection of the sensitive areas, dust and noise management ü Conditions of environmental licenses, permits and approvals ü Specific environmental management requirements and responsibilities ü Mitigation measures for the control of environmental issues ü Incident response and reporting requirements, and ü Information relating to the location of environmental constraints The contractor’s environmentalist in consultation with supervising Engineer’s environmentalist will authorize amendments to the induction where required to address Project modifications, legislative changes or changes to ESMP or emerging environmental concerns. They will also l review and endorse the induction program and monitor its implementation.

Toolbox talks, training and awareness

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Toolbox talks will be used to raise awareness and educate personnel on construction related environmental issues to enhance safe working environment. The safety meetings will be used to ensure environmental awareness continues during construction. Toolbox talks will include details of Environmental Work Method Statements. Toolbox talks will be addressing specific environmental issues such as;

ü Erosion, dust and sedimentation control; ü Hours of work; ü Emergency and spill response; ü Cultural heritage; ü Wildlife conservation/protection within project corridor; ü Vegetation protection and weed management; ü Noise; ü Housekeeping and waste management; ü Concrete washout and bitumen wash offs; and ü Conservation of water resources. Toolbox attendance will be compulsory to all construction staff and attendees of toolbox talks will be required to sign an attendance form and the records maintained.

Tailor made environmental awareness training will be provided to individuals or groups of workers with a specific authority or responsibility for environmental management or those undertaking an activity with a high risk of environmental impact.

Environmental awareness camping materials, in the form of posters, booklets or similar will be developed and distributed to construction officials such as site engineer, foreman and others with a responsibility for managing specific work locations or activities. Awareness notes will be also be distributed to the broader workforce at daily pre-start meetings or made available in campsites and other places frequently visited by workers.

Daily pre-start meetings

The pre-start meeting will be used as a tool for informing the workforce of the day’s activities, safe work practices, environmental protection practices and work area restrictions.

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The environmental component of pre-starts meetings will include any environmental issues that could potentially be impacted by, or impact on, the day’s activities. All attendees will be required to sign on to the pre-start and acknowledge their understanding of the issues explained-start topics, dates delivered and a register of attendees will be recorded and the records maintained.

8.10.8. DECOMMISSIONING PLANS FOR THE CAMPS AND OTHER INSTALLATIONS

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9. CHAPTER 9: CLIMATE CHANGE AND GREENHOUSE GAS EMISSIONS

9.1. INTRODUCTION

Climate change is becoming one of the most serious challenges to Kenya’s achievement of its sustainable development goals as described under Vision 2030. Kenya is already extremely suscetible to climate-related events, and projections indicate that the impacts are likely to affect the country even more in the future. In many areas, extreme events and variability of weather are now the norm: rainfall is irregular and unpredictable; some regions experience frequent droughts during the long rainy season, others severe floods during the short rains. The arid and semi-arid areas are particularly hard hit by these climate hazards thereby putting the lives of millions of households and their social and economic activities at risk.

What is the greenhouse effect?

The greenhouse effect is a warming of the earth's surface and lower atmosphere caused by substances such as carbon dioxide and water vapour which let the sun's energy through to the ground but impede the passage of energy from the earth back into space.

Energy emitted from the sun ("solar radiation") is concentrated in a region of short wavelengths including visible light. Much of the short wave solar radiation travels down through the Earth's atmosphere to the surface virtually unimpeded. Some of the solar radiation is reflected straight back into space by clouds and by the earth's surface. Much of the solar radiation is absorbed at the earth's surface, causing the surface and the lower parts of the atmosphere to warm.

The warmed Earth emits radiation upwards, just as a hot stove or bar heater radiates energy. In the absence of any atmosphere, the upward radiation from the Earth would balance the incoming energy absorbed from the Sun, with a mean surface temperature of around -18°C.

The presence of greenhouse gases in the atmosphere, however, changes the radiation balance. Heat radiation (infra-red) emitted by the Earth is concentrated at long wavelengths and is strongly absorbed by greenhouse gases in the atmosphere, such as water vapour, carbon dioxide and methane. As a result, the surface temperature of the

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globe is around 15°C on average, 33°C warmer than it would be if there was no atmosphere. This is called the natural greenhouse effect.

What is the enhanced greenhouse effect?

If extra amounts of greenhouse gases are added to the atmosphere, such as from human activities, then they will absorb more of the infra-red radiation. The Earth's surface and the lower atmosphere will warm further until a balance of incoming and outgoing radiation is reached again (the emission of infra-red radiation increases as the temperature of the emitting body rises). This extra warming is called the enhanced greenhouse effect.

9.2. CURRENT STATE IN MERU COUNTY

Major Degraded Areas / Hotspots and Major Contributions to Environmental Degradation The main causes of environmental degradation in the county is attributed to anthropogenic activities such as farming, mining, road construction, human settlements and overstocking of livestock. Human activities such over cultivation, overgrazing, uncontrolled mining as well as settlements along sensitive ecosystems disturb the ecological setup and expose soil to erosion, reducing its ability to sustain natural regeneration. The major degraded areas within the county comprise of degraded river ecosystems, hill ecosystems and forest ecosystems. Among the major hotspots comprise of stone and sand mining quarries which are prone to collapsing especially during rainy seasons. Nchuura hills are prone to massive erosion which has resulted to heavy losses of fertile soils within Nkomo and Kianja wards. The primary contributor to all the natural atrocities is the ever increasing population which as a result exerts more pressure to the finite land resource.

Environmental Threats Deforestation poses a serious challenge which is the loss or reduction of tree cover and forests. Most of the public hills have been demarcated and allotment done to individuals, this has posed challenges making conservation planning slow or impossible. Within the grazing areas, there has been reported cases of invasive species colonizing the area. The invasive species have colonized the grazing lands due to their unpalatability.

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High Spatial and Temporal Variability of Rainfall Despite the rainfall patterns being erratic, the distribution of rainfall ranges from 300mm per annum in the lower midlands in the North to 2500mm per annum in the South East. Other areas receive on average 1250mm of rainfall annually. There are two seasons with the long rains occurring from mid-March to May and short rains from October to December. Due to climate variability rainfall has become unpredictable with the onset being early or rains coming very late. This has seen farmers make losses due to crop failure.

Change in Water Levels Water resource in the county has been impacted on negatively both in quality and quantity. River flows have dwindled over time and during dry spells the downstream users receive little or none at all. This has resulted to human conflicts some leading to deaths. Water groups/projects have in turn relocated their downstream intakes towards the headwaters and others into the Mooreland. Flying up the mountain reveals two scenarios: one it is evident that the snow-capped mountain is becoming bare and secondly the Mooreland has been encroached by farmers who have constructed intakes in it.

9.3. ADAPTATION MEASURES

Adaptation measures include the prevention, tolerance or sharing of losses, changes in land use or activities, changes of location, and restoration. Adaptation measures that have been proposed in key sectors include: • Health: construction of a large number of nomadic clinics; recruitment of more (about 24,000) technical staff to strengthen public health services across the country; heightened surveillance of new outbreaks with consequent rapid responses; and health education campaigns. • Agriculture: provision of downscaled weather information and farm inputs; water harvesting e.g. building of sand dams for irrigation; protection of natural resource base (soil and water conservation techniques); and research and dissemination of superior (drought tolerant, salt-tolerant, pest and disease resistant) crops. • Water: construction of dams and water pans; protection of water towers, river banks, and water bodies; de-silting of riverbeds and dams; municipal water recycling facilities; Environmental and Social Impact Assessment Study Report 181 Runji Consulting Group Ltd

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building capacity for water quality improvement, and awareness campaign to promote water efficiency measures. Interventions in the water sector will have to adapt the integrated approach to water resource management and utilization. In Kenya, this is imbedded in the ‘Integrated River Basin and Large Water Bodies -based Natural Resource Management Programme’ of the six regional basin -based institutions, e.g. the Tana & Athi River Development Authority (TARDA) and the Lake Basin Development Authority (LBDA), etc. • Fisheries: developing country-wide maps that will depict areas that require shore protection measures; developing financing mechanisms using non-consumptive options for supporting marine ecosystem research and development; and encouraging a coastal and watershed- basin management approach linking land-use practices to marine and fisheries resource conservation. • Tourism/Wildlife: development of a National Wildlife Adaptation Strategy (a suite of a suite of well assessed climate change adaptation strategies) by the Kenya Wildlife Service (KWS) and stakeholders including the World Wildlife Fund (WWF), the tourism industry, etc; development and enforcement of Green Strategy and Code; and branding of Kenya as a Green Destination. The transport sector contributes significantly to these increasing emissions, especially as a result of high private car use. • Livestock/pastoralism: developing special livestock insurance schemes; breeding of animals that adapt well to climatic vagaries; regular vaccination campaigns; promotion of economic livelihood diversification, e.g. cultivation of drought-tolerant food crops such as millet and bee-keeping for honey production; and awareness campaigns among pastoral communities to underscore the importance of balancing stocking rates with the available land resources as a way of ensuring sustainable pastoralism. • Physical Infrastructure including transportation and telecommunication networks: ensuring that the infrastructure is climate-proof over its lifespan, which includes carrying out geotechnical site investigations (GSIs) to determine appropriate sites for infrastructure development; factoring a maintenance component into all infrastructural development funds; and designing infrastructure that can withstand the prevailing climatic conditions, e.g. structures that can withstand strong winds, tides as well as high temperatures. • Social Amenities including human settlements: strengthening disaster preparedness; proper

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planning of urban settlements which takes into consideration the expected high growth rate of urban population due to climate induced migration from rural areas to urban centers; and establishing insurance schemes to support preparedness in regions susceptible to climatic disasters.

9.4. MITIGATION MEASURES

• Providing tax incentives and favourable import tariffs on technology for projects that reduce emissions, l having clear energy pricing and CDM project policies including a clear, strong institutional framework and good governance

• Ensuring that Kenya establishes itself as a cost-effective host country to GHG emission reduction projects, l designing a general ranking of the easiest and most viable project types to the most difficult and least viable (low hanging fruits first to build momentum)

• Creating a database of existing projects, emission reduction volumes, other benefits, project developers, financiers, government support

• Exploring ways of integrating carbon markets into the main economy and opening it to conventional legal and banking systems

• Calculation of the baseline GHG Grid Emission Factor (GEF) for the electricity grid of Kenya to facilitate CDM projects in the power sector and assist carbon project developers and consultants.

In conclusion KeNHA as the client as part of its mandate which is environmental Stewardship – (will develop, manage, rehabilitate and maintain national trunk roads taking into consideration environmental safeguards) will partner with the community and the Meru government and other institutions such as Kenya Forest Service, National Environment Management Authority in Meru to ensure that they plant trees along the roadside in the road reserve an exercise that aims at contributing in the noble course of increasing the forest cover to 10%.

Landscaping and Trees Planting program

The project shall support the efforts of Meru County governments through planting of trees and shrubs to beautify the road corridor, replace trees that may be cut down during construction,

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protect the road reserve; and planting trees that will contribute towards sequestering carbon emissions.

The trees to be planted will be sourced from the existing community based organisations which will be identified by the help of the local administration.

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10. CHAPTER 10 : CONCLUSIONS AND RECOMMENDATIONS

10.1. CONCLUSION

This ESIA study makes the following conclusions, that:- a) The proposed road dualling is supported by the residents of the project area. Over 80% of both the stakeholders and the Key Informants interviewed proposed immediate commencement of the project. b) The proposed project will contribute to the uplifting the living standards of the residents of Meru area. c) Project’s associated negative impacts are remediable with the implementation of the propose d EMP and MP and therefore the project should be implemented.

10.2. RECOMMENDATIONS

Additional recommendations arose as a common feature throughout the survey. Though not included in the original study, it is needful to illustrate the information. The stakeholders were keen to give their recommendations with regard to the proposed road upgrading project.

§ It should be done quickly § Be ready for change and development § Construct a long lasting, worthy road § It is a good project § It will uplift the area both economically and socially § Construct the road § Tree planting to be done after the construction of the road § Please we want the road constructed quickly otherwise our economy will not pickup § Goods will reach markets on time with a good road

KeNHA should do the following.

§ Device a waste management plan before beginning the project. § Consider affected water projects and businesses along the roads § Fix the existing drainage systems § Put up pedestrian walks

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§ Put up safety measures against vandalization of project materials § Ensure that the materials used are of good quality § Provide diversions where necessary to ease traffic jam during the construction phase § Conduct proper survey and feasibility studies § Work closely with the project affected people § Create a lane/alternative roads during construction § Consult the relevant stakeholders before beginning the construction § Put up signage § Educate the community about the project § Give ample time for relocation § Indicate speed limits along the highways § Consider the local people for the job opportunities § Electricity poles along the road to be maintained to prevent power disruption § Engage people through public meetings &barazas § Compensate the project affected people § Debris and leftover materials to be removed after completion of the project § Involve the locals in reaching out to the people § Compensation Processes and Land Acquisitions. § Consultation and public participation is very crucial in ensuring that the project is implemented without generating any resistance from the stakeholders whose interest could be adversely affected by the project. It is also one away of building good relationship between the contractors, project proponent and the members of the public. In this regard the study recommends:- § Consultation with the stakeholders with regard to any demolition or removal of properties at the project site; § Involvement of the relevant stakeholders in the implementation of the environmental management plan; § Where possible, construction materials shall be obtained from the project area; and § All efforts should be made to employ the locals in the project site area.

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10.3. CORRECTIVE MEASURES .

These are actions which compensate for adverse impacts that are unavoidable. The study team recommends:-

a) Restoration of damaged resources at the following sites (areas):- i) At the barrow/quarry pits- refill and reforest with indigenous tree species; ii) At the soil and gully erosion areas/points- construct soil and gully erosion control structures and plant indigenous grass species; iii) At the access roads- reforest with indigenous tree species; iv) At the site clearing to create space for the road (especially felling the mature trees)- embark on reforestation immediately and plant indigenous tree species on both sides of the road, where applicable; v) At culverts and drainage canals sites- ensure canals are directed to the existing natural waterways to reduce damage to the adjacent farms; vi) All culverts should be lined and extended to the water ways; vii) At the stream crossings and bridges- ensure protective bands/banks are properly reinforced and planted with indigenous grass species to reduce the imminent soil erosion; and viii) At the workforce camp, on demolition- level, refill and restore to original state. b) Rehabilitation of displaced settlements if any:- The study strongly recommends that any displaced homes /buildings / villages / structures must be rehabilitated and restored to natural state.

c) Compensation to affected persons:- The study also recommends that any displaced persons must be compensated at the current economic/market value of the property affected.

Introduction of Preventive Measures.

The study concluded that some potential adverse impacts may be reduced or eliminated before occurrence through introducing preventive measures. The study therefore recommends the following:

(a) Implementation of a health education programme; The study recommends a sanitary health education programme at the labor camp.

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(b) Initiation of a public awareness programme; The study recommends public awareness on the rehabilitation of the roads.

(c) Office of public relations, complaints desks and suggestion boxes at every site office should be established; (d) Unskilled labour during the road construction should be sourced from the local community; and (e) Road safety signs should be given high priority after construction to guard against the likelihood of increased incidence of accidents, especially at animal crossings, schools and market centres.

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REFERENCES 1. Impact Assessment and Audit Regulation, 2003;

2. Waste Management Regulations, 2006;

3. Water Quality Regulations, 2006;

4. Controlled Substance Regulations, 2007;

5. Noise and Excessive Vibration Control Regulations, 2009;

6. Emissions Control Regulations, 2006;

7. Wetlands, River Banks, Lake Shores and Sea Shore Management Regulations, 2009;

8. Conservation of Biological Diversity and Resources, Access to Genetic Resources and Benefit Sharing Regulations, 2006.

9. The National Land Commission Act, 2012,

10. The Land Registration Act, 2012

The Meru County CIDP, 2013

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APPENDICES

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Appendix 1: Expert’s Licence

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Appendix 2: Location map

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Appendix 3: List of Participants

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Appendix 4: Invitation Letters

Public Participation & Consultations Invitations Letter

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Appendix 5: Consultation and Public Participation

The Kenya National highways authority is implementing the proposed dualling of A9 (formerly B6) within Meru town road in Meru County. The project is approximately 10km.

As set out in the environmental management and coordination act cap 387 EMCA (Amendment) no. 5 of 2015 and pursuant to take part 1 regulation 6 of the environmental impact assessment and audit regulations, 2003 the proponent intends to apply for an environmental impact assessment license.

Regulation 17(1) ……During the process of conducting an environmental impact assessment study under these Regulations, the proponent shall in consultation with the Authority, seek the views of persons who may be affected by the project. (2) In seeking the views of the public, after the approval of the project report by the Authority , the proponent shall - (a) publicize the project and its anticipated effects and benefits by - (i) posting posters in strategic public places in the vicinity of the site of the proposed project informing the affected parties and communities of the proposed project; (ii) publishing a notice on the proposed project for two successive weeks in a newspaper that has a nation-wide circulation; and (iii) making an announcement of the notice in both official and local languages in a radio with a nation-wide coverage for at least once a week for two consecutive weeks; (b) hold at least three public meetings with the affected parties and communities to explain the project and its effects, and to receive their oral or written comments; (c) ensure that appropriate notices are sent out at least one week prior to the meetings and that the venue and times of the meetings are convenient for the affected communities and the other concerned parties; and (d) ensure, in consultation with the Authority that a suitably qualified coordinator is appointed to receive and record both oral and written comments and any translations thereof received during all public meetings for onward transmission to the Authority.

Public participation is therefore a legal requirement for carrying out an environmental study impact report. We are in the process of obtaining stakeholder opinion on the proposed dualling of B6 Meru town. The questionnaire is a consultative tool intended to capture your objective views in relation to environmental issues regarding the proposed road project o enable decision making by the national environment management authority as the regulatory authority in the environmental compliance sector and aid in approval of the environmental impact assessment study report.

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QUESTIONNAIRE

DETAILS

NAME:

TELEPHONE:

ID NO:

OCCUPATION:

QUESTIONS

1. What is your view on the proposed dualling road project? (tick one answer)

a)Welcome b) Unwelcome c)Undecided

2. If welcome in (1) above, state the reason

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

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

3. If unwelcome state your reasons

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

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

4. What are the expected environmental impacts from the project?

a)Positive b)negative c)negative and positive

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5.List the positive impacts expected from the project

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

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

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

6.List the negative impacts expected from the project

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

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

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

7.Outline the possible mitigation measures for the negative impacts listed above

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

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

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

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

8.What are the expected social impacts (both positive and negative)

Positive social impacts

………………………………………………………………………………….

………………………………………………………………………………….

…………………………………………………………………………………

Negative social impacts

…………………………………………………………………………………

………………………………………………………………………………..

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……………………………………………………………………………….

9.Outline the possible mitigation measures for the negative social impacts

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

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

………………………………………………………………………………………………………………………………………………………......

10.Any health and safety risks

Yes no

11. If yes, state

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

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

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

12. Outline the possible mitigation measures for the above health risks.

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

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

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

13.What do you suggest KeNHA and the contractor should do or take into consideration before and

after implementing the proposed project?

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

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

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

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14. Kindly state how often you travel(daily, weekly, monthly, rarely, never)

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

15. What are your reasons for travelling?

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

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

16. How much time do you spend on travel?

(0-30 minutes) (30 minutes to 1 hour) (above an hour)

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

17. Suggest (if any) negative impacts on flora and fauna or areas of high concentration of biological

diversity?

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

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

18. Please list any current community projects within your locality that will be negatively affected by the

proposed road project?

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

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

SOCIAL IMPACTS OF THE PROJECT

What are the social impacts do you anticipate from the proposed project?

Social impact Your response

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Way of life : how do you live, work and interact

with each other

Community: it’s cohesion, stability, character,

services and facilities

Culture: your shared beliefs , customs, values,

&language

Political systems: to what extent are you able to

participate in decision –making & democracy

Health & well-being: state of complete physical,

mental, social, & spiritual wellbeing

Fears & aspirations: your perceptions about your

safety, fears about the future of your community

& your aspirations for your future & the and the

future of your children

19. General comments about the proposed road project.

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

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

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

.

FINAL REMARKS

I/We approve/disapprove the proposed road project

Signature:

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Date:

THANK YOU FOR PARTICIPATING

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MINUTES OF THE THIRD PUBLIC PARTICIPATION MEETING FOR THE PROPOSED DUALLING OF THE MERU B6 ROAD IN MERU COUNTY HELD ON 29 TH JANUARY, 2019 AT NG’ONYI CHIEF’S CAMP

AGENDA

1. Introduction and opening remarks 2. Presentation from the environmental expert 3. Question and answer session 4. AOB 5. Closing remarks MIN 1/29/01/2019: Preliminaries

The meeting was called to order by the assistant chief at 10:30p.m and opened by a word of prayer from Julius Maramba. The assistant chief then introduced Dr.Patrisio Njiru Njeru (NEMA registered Lead expert). He welcomed all the members present in the meeting and briefed them on the day’s agenda. Dr. Njiru explained about the proposed development in Meru and how important the meeting was. Public participation was very vital and hence the need for holding a public meeting. The aim of the public meeting is to meet legal requirements, notify neighbors of the intended development, identify unforeseen impacts and to develop mitigation measures.

MIN 2/29/01/2019: Project Impacts

The Project Environmentalist, Dr.Njiru presented some of the anticipated environmental and social impacts, and mitigation measures for the adverse impacts as follows;

a) Increased traffic along the access roads : The Lead Expert stated that there will be traffic marshals during construction period to control traffic along the access road. Construction materials will be transported during off peak period. Traffic control signs will be installed to inform on any potential hazards, adequate parking and NMT lanes will be provided. In addition, the proponent shall develop a traffic management plan before the project commences. b) Storm water drainage : The Lead expert pointed out that the proponent shall: install rainwater harvesting facilities; Level the site to reduce pooling of water; Install adequate

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storm water drains with the properties and provide green spaces (soft landscaped areas) to promote efficient management of storm water runoff. c) Air and Noise pollution : Dr. Njiru stated that the proponent would adhere to all set laws and regulations that govern air and noise pollution. He stated that the site will be screened and sprinkling of water will be done at regular intervals to suppress the dust. Also, he informed the attendees that regular maintenance of machinery and vehicles will be carried out to minimize hazardous gases and noise shields shall be installed on noisy equipment. d) Solid and liquid waste management : the proponent shall: engage licensed waste handlers to dispose waste at designated sites; provide dustbin cubicles at strategic points; treat raw sewerage before channeling to the main sewer system through the proposed waste water treatment plant and regularly maintain foul water drainage works e) Green spaces conservation strategy : Dr. Njiru explained that the proponent shall consider: Conserving the trees along the plot boundary; Replanting of trees in accordance to the policy; planting of grass and flowers within the open areas; Provision of planters within the balconies, decks and entrance lobbies of the development. f) Conflict with neighbors : Dr. Njiru told the members present that the proponent would develop a consultative plan for emerging issues and grievances redress mechanism (GRM) for any project affected persons (PAPs).

MIN 3/29/01/2019: Plenary session

Dr. Njeru then opened the floor for an interactive session and the following questions, views and concerns were discussed;

a) Mr Patrick Mutembei stated that the project was good and he was happy about it since it was to start from Ng’onyi. He wished to know when the project would start b) Mr Geoffrey Matumbi wanted to know how they would benefit as the people from Ng’ony i. On the other hand, he stated that he was in full support of the project. c) Mr Fredrick Kinoti asked to know whether the incomplete boundaries would bring conflict to neighbors d) Mrs Mary Kinyua wanted to know the exact place the project would start. She also suggested that everyone be considered in terms of compensation no matter the segment of land that would be affected. She also suggested that tunnels be put in place. Above all, she stated she was supporting the project

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e) Mr Patrick Gitonga wanted to know if people would be compensated if at all their property or land was to be affected f) Mr Nahashon Kiambati (Ntakira day school principal) suggested that signals be put in place because of the school going children g) Mr Patrick a representative for the area member of parliament also said that the member of parliament promised his support for the project Having captured all the views and concerns of the people Dr.Njiru (environmental expert) then gave a comprehensive response to the people’s questions. “The propose d road project could start from Ng’onyi junction and go through Gitimbini area and the project would start immediately the project gets approval from NEMA. § Tunnels would be put into place and he also assured the people that everyone could be involved in every step. He also assured them of several possible positive impacts of the project ranging from easy access to health facilities, ease congestion job creation to development of the town. He also noted that the trees along the roads would be affected as most of them could be cleared during the constructed but he assured them that they will be replanted after the completion. § He also assured them the existing projects would be considered and each and every person would be compensated if and only if their property was destroyed or part of their land affected by the project § He also promised that symbols and road signage would be put in place

MIN 4/29/01/2019: Way Forward

Dr. Njiru and the entire team of experts for the project assured all the stakeholders of the following;

i. That there would be continuous communication with the affected community in regards to the proposed development during all the phases of the development and sort out any emerging issues. ii. That the proponent would ensure minimal disturbance and disruption of peace and tranquility of the immediate neighbors of the development throughout its project cycle. In conclusion, the Project Environmentalist explained that all the concerns raised in the meeting had been noted and would be used for EIA reporting.

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MIN 5/29/01/2019: Closing Remarks

There being no other business, the meeting was adjourned at 1:.30p.m by the assistant chief who stated that she was in full support of the project and she advised the people to settle their land succession issues before the project commenced and thereafter, a closing prayer was said by Mrs. Stella Mwendwa.

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MINUTES OF THE FOURTH PUBLIC PARTICIPATION MEETING FOR THE PROPOSED DUALLING OF THE MERU B6 ROAD IN MERU COUNTY HELD ON 29 TH JANUARY, 2019 AT GITIMBINI CHIEF’S CA MP

AGENDA

6. Introduction and opening remarks. 7. Presentation from the environmental expert. 8. Question and answer session. 9. AOB. 10. Closing remarks.

MIN 1/29/01/2019: Preliminaries

The meeting was called to order by the chief at 2.00p.m and opened by a word of prayer from Lucy Makena. The chief then introduced Dr.Patrisio Njiru Njeru (NEMA registered Lead expert). He welcomed all the members present in the meeting and briefed them on the day’s agenda. Dr. Njiru explained about the proposed development in Meru and how important the meeting was. Public participation was very vital and hence the need for holding a public meeting. The aim of the public meeting is to meet legal requirements, notify neighbors of the intended development, identify unforeseen impacts and to develop mitigation measures.

MIN 2/29/01/2019: Project Impacts

The Project Environmentalist, Dr.Njiru presented some of the anticipated environmental and social impacts, and mitigation measures for the adverse impacts as follows;

g) Increased traffic along the access roads : The Lead Expert stated that there will be traffic marshals during construction period to control traffic along the access road. Construction materials will be transported during off peak period. Traffic control signs will be installed to inform on any potential hazards, adequate parking and NMT lanes will be provided. In addition, the proponent shall develop a traffic management plan before the project commences. h) Storm water drainage : The Lead expert pointed out that the proponent shall: install rainwater harvesting facilities; Level the site to reduce pooling of water; Install adequate storm water drains with the properties and provide green spaces (soft landscaped areas) to promote efficient management of storm water runoff.

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i) Air and Noise pollution : Dr. Njiru stated that the proponent would adhere to all set laws and regulations that govern air and noise pollution. He stated that the site will be screened and sprinkling of water will be done at regular intervals to suppress the dust. Also, he informed the attendees that regular maintenance of machinery and vehicles will be carried out to minimize hazardous gases and noise shields shall be installed on noisy equipment. j) Solid and liquid waste management : the proponent shall: engage licensed waste handlers to dispose waste at designated sites; provide dustbin cubicles at strategic points; treat raw sewerage before channeling to the main sewer system through the proposed waste water treatment plant and regularly maintain foul water drainage works k) Green spaces conservation strategy : Dr. Njiru explained that the proponent shall consider: Conserving the trees along the plot boundary; Replanting of trees in accordance to the policy; planting of grass and flowers within the open areas; Provision of planters within the balconies, decks and entrance lobbies of the development. l) Conflict with neighbors : Dr. Njiru told the members present that the proponent would develop a consultative plan for emerging issues and grievances redress mechanism (GRM) for any project affected persons (PAPs).

MIN 3/29/01/2019: Plenary session.

Dr. Njeru then opened the floor for an interactive session and the following questions, views and concerns were discussed;

h) Mr. David Mwenda stated that she was supporting the project and he requested that labor required for the project be sourced from the local community. i) Mr. Franklin Munene said that he is supporting the project and also requested that the laborers be sourced from the local community j) Mr. John Kimaita wanted to know if it was possible for the people along the roads to be given notices early so that they stop k) Mr. Kimaita Kibui supported the project and requested that the youths be given jobs and also suggested that the contractor should sprinkle water to reduce the dust during the construction phase. Road maintenance should be done after the construction l) Mrs. Mercy Maite asked if the business people would be affected and what will they benefit

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m) Mr. Saberial Kinoti suggested that tunnels be put where necessary and the business people be considered since there are the great population that would be affected. Above all he was in support of the project n) Mrs. Delvine Murithi wanted to know if the business people will be compensated o) Mr. Fredrick Mwenda wanted to know if the meeting was the last meeting or there could be other meetings p) Mrs. Kanana Gatobi was in support of the project. She also wanted to know if the trees along the roads would be affected q) Mr. Stanley M’nyaki wanted to know if the existing water project(kanyatta water project) would be affected r) Mr. Franklin Munene also suggested that feeder roads be considered § Having captured all the views and concerns of the people Dr.Njiru (environmental expert) then gave a comprehensive response to the people’s questions. “The proposed road project could start from Ng’onyi junction and go through Gitimbini area and the project would start immediately the project gets approval from NEMA. § Tunnels would be put into place and he also assured the people that everyone could be involved in every step. He also assured them of several possible positive impacts of the project ranging from easy access to health facilities, ease congestion job creation to development of the town. He also noted that the trees along the roads would be affected as most of them could be cleared during the constructed but he assured them that they will be replanted after the completion. § He also assured them the existing projects would be considered and each and every person would be compensated if and only if their property was destroyed or part of their land affected by the project

MIN 4/29/01/2019: Way Forward.

Dr. Njiru and the entire team of experts for the project assured all the stakeholders of the following;

Environmental and Social Impact Assessment Study Report 239 Runji Consulting Group Ltd

Feasibility Study, Environmental And Social Impact Study, Preliminary and Detailed Engineering Design of Dualling of A9 Within Meru Town

iii. That there would be continuous communication with the affected community in regards to the proposed development during all the phases of the development and sort out any emerging issues. iv. That the proponent would ensure minimal disturbance and disruption of peace and tranquility of the immediate neighbors of the development throughout its project cycle. In conclusion, the Project Environmentalist explained that all the concerns raised in the meeting had been noted and would be used for EIA reporting.

MIN 5/29/01/2019: Closing Remarks.

There being no other business, the meeting was adjourned at 4.00p.m by the chief who stated

that he was in full support of the project and a closing prayer made from Mrs. Salome Mukiri.

Environmental and Social Impact Assessment Study Report 240 Runji Consulting Group Ltd