Draft Environmental and Social Management Framework

Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project

Implementer: Ministry of Nairobi Metropolitan Development (Nairobi Metropolitan Services Improvement Project (NaMSIP)

Activity: Technical assistance for the Preparation of an Environmental and Social Management Framework for Infrastructure Investments

Report Title: Draft Environmental and Social Management Framework for Nairobi Metropolitan Services Improvement Project.

Name and Address of Expert:

Mr. Harrison W. Ngirigacha (MSc. WERM, BSc. Chem. NEMA Reg.) Aquaclean Services Limited Lead EIA Expert (NEMA Reg. No. 027) P. O. Box 1902 – 00100, Nairobi, Kenya

Tel. 0722 809 026, 0733 139 786 Email: [email protected], [email protected];

Implementing Organization:

Ministry of Nairobi Metropolitan Development, P. O. Box 30130 – 00100 Nairobi, Kenya

Tel. 020 317246/317235.

Ministry of Nairobi Metropolitan Development Page 1 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project

NAIROBI METROPOLITAN DEVELOPMENT REGION

Table of Contents

ACRONYMS...... 7 GLOSSARY OF TERMINOLOGIES...... 8 EXECUTIVE SUMMARY...... 10 CHAPTER 1: INTRODUCTION...... 18

1.1 BACKGROUND...... 18 1.2 THE ASSIGNMENT...... 18 1.3 ESMF PURPOSE...... 19 1.4 ASSIGNMENT OBJECTIVES...... 19 1.5 SCOPE...... 20 1.6 APPROACH...... 20 1.6.1 Basic Tasks...... 20 1.6.2 Desk Studies...... 21 1.6.3 Field Visits...... 22 1.7 OUTPUTS...... 22 1.7.1 The Overall Output...... 22 1.7.2 Specific Outputs...... 22

CHAPTER 2: THE PROJECT DESCRIPTION...... 24

2.1 THE NAIROBI METROPOLITAN AREA...... 24 2.2 NAIROBI METROPOLITAN ZONES...... 25 2.2.1 Northern Zone...... 25 2.2.2 Southern Zone...... 26 2.2.3 Eastern Zone...... 26 2.2.4 Central Zone...... 27 2.3 THE METROPOLITAN SOCIAL OUTLOOK...... 27 2.3.1 Urban Setting...... 27 2.3.2 Transitional Setting...... 28 2.3.3 Rural Setting...... 28 2.4 THE NAIROBI METROPOLITAN SERVICES IMPROVEMENT PROJECT (NAMSIP)...... 28 2.5 PROJECT COMPONENTS...... 29 2.5.1 Component 1 (Institutional Reform and Planning)...... 29 2.5.2 Component 2 (Critical Local Government Infrastructure and Services)...... 29 2.5.3 Component 3 (Critical Metro Infrastructure and Services)...... 30 2.5.4 Component 4 (Project Management, Monitoring and Evaluation)...... 30 2.6 SUB-PROJECTS ANALYSIS...... 30

CHAPTER 3: ENVIRONMENTAL AND SOCIAL BASELINE CONDITIONS...... 33

3.1 OVERVIEW...... 33 3.2 ENVIRONMENTAL SETTING...... 33 3.2.1 Topography...... 33 3.2.2 Drainage and Hydrology...... 33 3.2.3 Water Resources...... 34

3.2.4 Water Supply...... 35 3.2.5 Air Quality...... 37 3.2.6 Geology and Soils...... 38 3.2.7 Climatic Conditions...... 38 3.2.8 Biodiversity...... 39 3.3 SOCIAL AND ECONOMIC SETTING...... 40 3.3.1 Location...... 40 3.3.2 Population Distribution and Settlement Patterns...... 40 3.3.3 Land Tenure and Land Use...... 41 3.3.4 Encroachments Status...... 41 3.3.5 Land Use...... 42 3.3.6 Income and Poverty Levels...... 42 3.3.7 Economic Activities...... 43 3.3.8 Infrastructure...... 43 3.3.9 Socio-cultural Profile...... 44

CHAPTER 4: POLICY AND LEGAL FRAMEWORK...... 45

4.1 NATIONAL POLICIES...... 45 4.1.1 The Constitution of Kenya...... 45 4.1.2 Kenya Vision 2030...... 46 4.1.3 Nairobi Metro 2030...... 46 4.1.4 MoNMED Strategic Plan (2008 – 2012)...... 46 4.1.5 The Land Policy (2007)...... 47 4.1.6 National Environmental Action Plan...... 48 4.1.7 Sessional Paper No. 6 of 1999 on Environment and Sustainable Development...... 48 4.1.8 Forest Policy...... 48 4.1.9 The National Biodiversity Strategy, 2007...... 49 4.1.10 National Policy on Water Resources Management and Development...... 49 4.1.11 Wildlife Policy...... 50 4.1.12 The National Poverty Eradication Plan (NPEP) and the Poverty Reduction Strategies Paper (PRSP) 50 4.2 LEGAL ASPECTS...... 52 4.3 WORLD BANK SAFEGUARD POLICIES TRIGGERED BY NAMSIP...... 60 4.3.1 OP/BP 4.01 (Environmental Assessment)...... 60 4.3.2 OP/BP 4.04 (Natural Habitats)...... 62 4.3.3 OP/BP 4.11 (Physical Cultural Resources)...... 62 4.3.4 OP/BP 4.12 (Involuntary Resettlement)...... 62 4.3.5 OP/BP 4.36 (Forests)...... 63 4.4 ACTIVITIES TRIGGERING WORLD BANK SAFEGUARDS...... 63

CHAPTER 5: INSTITUTIONAL FRAMEWORK...... 64

5.1 MINISTRY OF NAIROBI METROPOLITAN DEVELOPMENT...... 64 5.2 NAMSIP STRUCTURE...... 65 5.3 SUB-PROJECTS ENVIRONMENTAL AND SOCIAL MANAGEMENT STRUCTURE...... 66

CHAPTER 6: ENVIRONMENTAL AND SOCIAL LINKAGES...... 67

6.1 PHYSICAL ENVIRONMENTAL ISSUES...... 67 6.2 SOCIAL AND ECONOMIC LINKAGES...... 67 6.2.1 Social Issues...... 67 6.2.2 Economic Issues...... 68 6.3 SUB-PROJECTS CLUSTERS AND LINKAGES...... 68 6.4 CROSS CUTTING ISSUES...... 77 6.4.1 Gender Linkages...... 77 6.4.2 HIV/AIDS and other Infections...... 77 6.4.3 Health and Safety Issues...... 77 6.4.4 Institutional Linkages...... 77 6.4.5 Physically Challenged Persons...... 77

CHAPTER 7: ENVIRONMENTAL AND SOCIAL MANAGEMENT PRINCIPLES...... 78

7.1 OVERVIEW...... 78 7.2 ROLES AND RESPONSIBILITIES...... 78 7.2.1 Stakeholders’ Clusters...... 78 7.2.2 Roles and Responsibilities for Components...... 78 7.2.3 Specific Stakeholders Roles and Responsibilities...... 79 7.3 CAPACITY REQUIREMENTS...... 81 7.3.1 Capacity for Monitoring and Evaluation...... 81 7.3.2 Training...... 81 7.3.3 Equipment/Facilities...... 82 7.3.4 Compliance Tools...... 82 7.3.5 Technical Assistance...... 82 7.3.6 Information and Data Resources...... 82 7.3.7 Impacts Management...... 83 7.4 PROCEDURES AND METHODOLOGIES FOR NAMSIP...... 83 7.4.1 Sub-Project Planning and Screening...... 83 7.4.2 Project Alternatives...... 83 7.4.3 Sub-Project Review and Disclosure...... 84 7.4.4 Sub-Project Approval...... 84 7.4.5 Sub-Project Implementation...... 85 7.4.6 Supervision of Implementation...... 85 7.5 TIMEFRAME...... 85 7.6 MONITORING PARAMETERS...... 85 7.7 ESMF FINANCING STRATEGIES...... 87

CHAPTER 8: ESMP PRINCIPLES...... 88

8.1 ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENTS (ESIA)...... 88 8.1.1 Main ESIA Objectives...... 88 8.1.2 ESIA Scope...... 88 8.1.3 ESIA Methodology Outline...... 88 8.2 GENERAL ESIA APPROACH...... 89 8.2.1 Scoping Process...... 89 8.2.2 Documentary (Literature) Review...... 89 8.2.3 Field Assessment...... 89

8.2.4 Detailed ESIA Study Activities...... 90 8.2.5 Public Consultations...... 90 8.2.6 Reporting...... 90 8.3 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP)...... 90 8.3.1 ESMP Principles...... 90 8.3.2 NaMSIP ESMPs...... 91 8.3.3 Management Responsibilities...... 92 8.3.4 Environmental Management Guidelines...... 92 8.3.5 Environmental Education and Awareness Raising...... 93 8.3.6 Decommissioning Process...... 93 8.3.7 ESMP Matrix...... 93

CHAPTER 9: CONCLUSIONS AND RECOMMENDATIONS...... 100

9.1 CONCLUSION...... 100 9.2 RECOMMENDATIONS...... 101

REFERENCES...... 102

LIST OF TABLES

TABLE 1: NAIROBI METROPOLITAN SPATIAL AREA...... 27 TABLE 2: COMPONENT SUB-PROJECTS ANALYSIS...... 31 TABLE 3: WATER QUALITY RESULTS (OIL/GREASE, TSS, PH, TDS)...... 35 TABLE 4: AIR QUALITY RESULTS...... 37 TABLE 5: ADMINISTRATIVE UNITS OF THE METROPOLIS...... 40 TABLE 6: POVERTY INDICATORS OUTSIDE THE NAIROBI CENTRAL ZONE...... 42 TABLE 7: NOTABLE ECONOMIC ACTIVITIES...... 43 TABLE 8: KEY ENVIRONMENTAL LEGAL SECTIONS IN KENYA...... 52 TABLE 9: OP/BP 4.01 ENVIRONMENTAL ASSESSMENT...... 61 TABLE 10: SAFEGUARDS TRIGGERING MATRIX...... 63 TABLE 11: SUB-PROJECT CLUSTERS LINKAGES TO ENVIRONMENT AND SOCIAL ASPECTS...... 69 TABLE 12: STAKEHOLDERS CATEGORIES...... 78 TABLE 13: STAKEHOLDERS RESPONSIBILITIES...... 79 TABLE 14: SCHEDULE OF MONITORING PARAMETERS...... 85 TABLE 15: ESMP MATRIX TEMPLATE...... 95

LIST OF FIGURES

FIGURE 1: NAIROBI METROPOLITAN REGION LOCATION MAP...... 24 FIGURE 2: POPULATION BY COUNTIES IN 2009...... 41 FIGURE 3: TRANSPORT INFRASTRUCTURES METROPOLITAN...... 44 FIGURE 4: MINISTRY ORGANIZATIONAL STRUCTURE...... 64 FIGURE 5: NAMSIP CONCEPTUAL ORGANIZATIONAL STRUCTURE...... 65 FIGURE 6: SUB-PROJECTS ENVIRONMENT AND SOCIAL SUPERVISION STRUCTURE...... 66

Acronyms

ASAL Arid and Semi Arid Land AWSB Athi Water Services Board CBD Center Business District EA Environmental Audit EAPC East Africa Portland cement EMCA Environment Management and Coordination Act EPZ Export Processing Zone ESIAs Environmental and Social Impact Assessments ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plans GPS Geographical Positioning System ISWM Integrated Solid waste Management KeNHA Kenya National Highway Authority KeRRA Kenya Rural Roads Authority KFS Kenya Forest Service KMP Kenya Municipal Programme KURA Kenya Urban Roads Authority KWFT Kenya Women Fund Trust KWS Kenya Wildlife Service MAVWASCO Mavoko Water & Sewerage Company MDGs Millennium Development Goals MONMED Ministry of Nairobi Metropolitan Development MTS Mass Transport Systems NaMSIP Nairobi Metropolitan Services Improvement Project NCWSCO Nairobi City Water & Sewerage Company NEAP National Environment Action Plan NEMA National Environment Management Authority NGOs Non Governmental Organizations NMR Nairobi Metropolitan Region NMT Non-Motorized Transport PAPs Project Affected Persons PM Particulate Matter RAPS Resettlement Action Plans SEA Strategic Environmental Assessment SWMA Solid Waste Management Authority THIWASCO Thika Water & Sewerage Company ToR Terms of Reference WRMA Water Resources Management Authority WSPs Water Services Providers

Glossary of Terminologies

Baseline Conditions: A comprehensive description of the prevailing environmental, social, economic and cultural setting for NaMSIP and specific sub-projects areas,

Compliance tools: documented guidelines to assist in identification of relevant legal sections to observe and integrate into the project implementation,

Component: Refers to the segments of Nairobi Metropolitan Services Improvement Project (NaMSIP) representing clusters of sub-project categories to be implemented by the project,

Critical Local Government Infrastructure and Services: Project initiatives to be implemented at local government levels and jurisdictions,

Critical Metro Infrastructure and Services: Projects and sub-projects to be implemented throughout the Metropolitan region

Influencing factors: Natural and man-made factors that drives local environmental, social , economic and cultural conditions for specific Metro Zones and sub-project areas, Conditions

Decommissioning process: A formal stoppage of a facility with consideration of all environmental social, economic and cultural aspects in the immediate neighbourhoods,

Environmental and social linkages: identifiable areas of interaction between a project and sub- projects to the surrounding environment and social settings

Environmental and Social Safeguards: Basic principles that guides an organization in integrating environment and social aspects into a project’s implementation process

ESMF Financing Strategies: Defined mechanisms for sourcing of funds and associated resources for implementation and that are supported through existing organization budgeting systems

Integrated Solid Waste Management: An all round, inclusive and cross-sectoral plan for management of solid wastes at sources, through the pathways, transfer stations, disposal destinations and recycling points.

Kenya Vision 2030: Development blue print designed to guide Kenya towards a developed nation by the year 2030,

Legal Register: A set of document legal sections relevant to the project and provided with compliance monitoring parameters

Project Alternatives: Considered options for various project components and phases focusing on locations, designs, implementation schedules, costs and potential impacts,

Project Disclosure: Forums provided to enable stakeholders and the general public appreciate a project and present their views and opinions regard whole or sections of the projects for enhanced participation and ownership,

Railway Commuter Trains: Railway systems designed for mass transport from residential areas into the City Centre or other work places

River Gauging Stations: Defined locations on rivers and streams where measurements could be undertaken and used at project and national levels,

Stakeholders: Sections of the society who are directly or indirectly involved with the project activities

Stakeholder Clusters: Stakeholders grouped into categories depending on the nature of projects and sub-projects with direct or indirect linkage to them,

Stakeholders’ roles and responsibilities: Specific duties and outputs expected from each stakeholder individually of in clusters towards accomplishing specific objectioves of the project of sub-project,

Sub-projects: Specific initiatives to be established under each major project component for particular areas within the NMR,

Metropolitan zones: Sections of Nairobi Metropolitan Regions sub-divided along geographical and climatic conditions for ease of baseline description

Metropolitan Social and Economic Outlook: variations on social and economic influencing factors based on spatial areas including urban, transition and rural areas

Executive Summary

Introduction

The Ministry of Nairobi Metropolitan Development has secured assistance from the World Bank for the implementation of a Nairobi Metropolitan Services Improvement Project (NaMSIP). The proposed project is aimed at addressing some of the challenges faced by the metropolitan region including inadequate solid waste collection and environmental hazardous dumping, inadequate municipal services, such as storm water management, water supply and sanitation services, disaster management, street lighting, etc., severe public transport problems and the need for metropolitan wide coordination and planning strategies.

NaMSIP Components

According to the Terms of Reference, Nairobi Metropolitan Services Improvement Project has been structured into five components with distinct areas of coverage as outlines below;

Component 1: Institutional Reform and Planning This component will assist local governments and whatever successor institutions are brought into being through the new constitution in among other focal areas urban planning, financial management, including revenue enhancement, accountability citizens, through measures such as a participatory budget planning process, a transparent automated construction-permit system, and other measures, improving service delivery, developing land use plans to promote development in the vicinity of new commuter rail stations. Creation and operation of ring-fenced solid waste collection companies in local authorities is also considered which would dispose the waste into regional landfills.

The component will also support the evolution and build the capacity of metropolitan governance agencies including the Nairobi Metropolitan Spatial Planning Authority, the Metropolitan Water and Wastewater Authority and solid waste companies through the formation of three key institutions, namely Nairobi Metropolitan Spatial Planning Authority, Nairobi Metropolitan Water and Wastewater Authority and Nairobi Metropolitan Solid Waste Companies.

Component 2: Critical Local Government Infrastructure and Services Designed to support local authorities in critical infrastructure and improve service delivery in urban areas and urban growth. The component will be implemented directly by Local authorities. Among the project features will include street lighting, traffic management, markets development, public infrastructure around commuter rail stations, improving roads under Local Authorities’ mandate, provision of cycle tracks and foot paths development and training of Local authority staff.

Component 3: Critical Metro Infrastructure and Services To assist in the provision of solid wastes, transport and sewerage services for the areas within the Nairobi Metropolitan Area. For purposes of appreciation of the areas of intervention, the Component has been split into three sub-components namely Solid Waste Management, Transport and Sewerage Services and described as follows;

Sub-Component 3A: Solid Waste Management (i) Development of Integrated Solid Waste Management (ISWM) for the entire metropolitan (ii) Development of sanitary solid wastes disposal sites for metropolitan towns (iii) Gradual decommissioning unsanitary solid waste disposal sites (iv) Provision of sanitary solid wastes transfer stations Ministry of Nairobi Metropolitan Development Page 10 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project

(v) Formation of sanitary landfill management companies (vi) Improvement of the welfare and conditions for solid waste pickers and handlers

Sub-Component 3B: Transport (i) Upgrading and construction of infrastructure feeding to commuter rail stations (ii) Linking of satellite towns for pedestrians, cyclists and buses (NMT and BRT systems) (iii) Improving routing and efficiency of mass transit system (iv) Rehabilitation of strategic road links with Local Authorities

Sub-Component 3C: Water and Wastewater (i) Development of wastewater collection system (ii) Treatment systems (stabilization lagoons) (iii) Disposal systems/drainage channels

Component 4: Project Management, Monitoring and Evaluation Like Component1, this component is administrative in nature in addition to seeking for funding and resources support for the project. It will, therefore, also cater for the resources and implementation capacity of the ESMF. In terms of implementation, the component may require physical provisions such offices and related infrastructure that may require undergoing ESIA process for approval. The ESMF will, therefore focus on this

Identified NaMSIP Sub-Projects

It is already appreciated that NaMSIP Components will comprise a multiplicity of sub-projects to be implemented in different locations across Metropolitan Region. While the respective sub-projects are yet to be formulated, list below has presents potential areas of consideration as intervention projects. However, specific zones of the Metropolitan where the projects could be implemented would be established during the formal screening of sub-projects.

Component Sub-Projects Clusters

Component 1 . Selection of physical support location . Construction and installation of offices and facilities Institutional Reform and . Establish capacity on Environment and social management Development Component 2 . Installation of street lighting in pre-identified road junctions . Markets development in collaboration with respective County Councils Other Critical Public . Development and improvement of drainage systems in selected urban zones Services (commercial and residential areas . Development OR rehabilitation of sanitation facilities in collaboration with County Councils, Athi Water Services Board and Water Services Providers . Establishment of public parks and green spaces in collaboration with County Council Component 3A . Waste management Audits by Local Authorities . Development of waste transfer stations in towns Integrated Solid Waste . Development of engineered sanitary solid waste disposal sites Management . Decommissioning of unsanitary disposal sites . Capacity building initiatives (skills, institutional equipment, waste collectors welfare Component 3B . Construction of new link roads, upgrading and improvement of existing roads and associated facilities (bridges, etc) within Local authority jurisdiction. Transport Management . Construction of NMT facilities (foot bridges, under passes, footpaths, cycle tracks, hand cart passages, Bodaboda” parking areas, etc.) . Rehabilitation of existing railway corridors for commuter train and associated rail

Component Sub-Projects Clusters

stations. . Installation of road provisions (traffic lights, speed bumps, signage etc. . Capacity building including establishment of a transport master plan Component 3C . Improvement of wastewater collection (drainage, sewer systems, etc, . Provision of waste water treatment facilities for towns (stabilization lagoons), Water and wastewater . Appropriate discharge systems for wastewater management Component 4 . Selection of physical requirements . Installation of necessary support facilities (offices, water supply, sanitation, Project management, communication and security installations) monitoring and Evaluation

Preliminary Findings

Following evaluation of the project components, it is observed that the Nairobi Metropolitan Services Improvement Project (NaMSIP) initiatives have varying potential linkages and challenges in different parts of the coverage area. It is also noted that most parts of the metropolitan area have experienced challenges in mainstreaming physical planning requirements alongside environmental and social management safeguards over the last decades with potential implications to the proposed services improvement initiatives. Environmental, social and economic aspects are key elements for consideration while undertaking social and economic intervention initiatives in urban settings including infrastructural projects. These linkages calls for a well considered and thought-out integration into the intervention initiatives at all levels of the NaMSIP project cycles.

Stakeholder Responsibilities

The schedule below is an outline of the diverse stakeholders classified by clusters:

Public Stakeholders Institutional Stakeholders Corporate Stakeholders Other Stakeholders

. All Local Authorities within . Main Schools, . Health Services providers . Homeowners/Residents the Metropolitan . Universities within the . Major Manufacturing . Travelers/Commuters . Ministry of Local Metropolitan area premises . Transporters (goods and Government . Main Churches in the . Water Services Providers public) . Public Hospitals region across the Metropolitan . Road Users/Motorists . KeNHA . Main Mosques in the . Main Supermarket chains . Traders/business people . KeRRA region . Main Office Blocks . Water Users Associations . KURA . Hospitality facilities . Waste handlers around . WRMA (hotels and restaurants) the Metropolitan . NEMA . Private health facilities . Waste recyclers . KWS around the Metropolitan . Farmers (especially for . KFS areas outside the Central . Kenya Police Service Zone) . Local Administration from . Livestock keepers in all the Counties areas outside the Central . AWSB Zone) . KAA . Service stations (Petrol . Kenya Railways/Rift Stations) Valley Railways . Organized community . Public Health Department groups’ leaders from the Counties . Political Leaders from all . Lands Department Counties

Roles by Stakeholder Clusters

Each category of stakeholders has got specific roles in the implementation of the ESMF, implying that NaMSIP will need to adopt an inclusive approach for all the sub-projects. To achieve this objective, early consultations and collaborations will need to be initiated by NaMSIP on the projects before the sub-projects concepts are finalized. Among the specific roles include the following;

(i) Component 2 touches on a wide range of stakeholders and so are the associated responsibilities. Responsibilities range from the waste generators (bearing direct responsibility of reduction and separating of the wastes) to waste handlers for collection and transportation. Provision for ultimate waste disposal facilities (policy and regulatory framework, engineered transfer stations and disposal sites) is mainly a responsibility of the respective Local Authorities under the supervision of National Environmental Management Authority (NEMA) particularly with respect to the physical locations of the management facilities. NaMSIP is contributing into supporting provision for the necessary infrastructure while sustainability is maintained by the sectoral responsibility, (ii) Component 3 (transportation infrastructure) has initiatives developed by NaMSIP, but the implementation need to be synchronized with the respective agencies within the sector. These include KURA, KeRRA and KeNHA as well as the Ministries in-charge of Roads and Transport. The Counties constituting the Metropolitan and the Environmental Divisions for the respective Local Authorities will also provide policy directions on the infrastructural development to ensure harmonization of NaMSIP sub-projects with other initiatives, (iii) Component 4 comprises projects from various fields and sectors including Local Government, Ministry of Transport, the Water Sector, Public Health, etc. The responsibilities for projects in this components, therefore, will vary from one zone of the Metropolitan to another as well as the nature of the sub-projects.

Regulatory Local Procedures Outline

Sub-Project Planning NaMSIP comprises various sub-projects variously located around the Metropolitan. The sub- projects under each component will be identified on the basis of need and compatibility with respective stakeholders among them the Local Authorities and agencies in-charge of services. Collaborated planning will ensure harmonization with Sectoral programmes among the broad ones being;

(i) Local Authorities initiatives particularly those under the Kenya Municipal Programme (KMP) including waste management interventions, access roads, drainage systems and markets development among others, (ii) Roads’ Authorities including KeNHA, KeRRA and KURA with respect to sections of target roads that could also be in their programmes, (iii) Water and sanitation related sub-projects (water supply and sanitation provisions) with various players (iv) Involvement of the financial and procurement departments within MoNMED regarding the availability and sustainability of financial resources within the NaMSIP.

Sub-Project Review and Disclosure The design concepts, related drawings and recommendations from the ESIA process would require review by NaMSIP through the Project Steering Committee as well as the specific sub-project implementation team. The review will identify key areas with impacts to the sub-project output or where there are potential conflicts with other initiatives or identified conflicts with the environment

Ministry of Nairobi Metropolitan Development Page 13 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project and social aspects in the target areas. This review will be necessary for the Project Management to endorse or amend the ESMP before submission to NEMA for the compliance review and approval.

The ESIA report with the comprehensive ESMP is ultimately reviewed and approved by NEMA and a license issued for the specific sub-project. Part of the sub-project approval involves disclosure of the sub-project details to the public and particularly to the Lead Agencies. Disclosure process takes three forms;

(i) Public consultations forums, (ii) The ESIA report together with the ESMP is distributed to the relevant Lead Agencies through NEMA, (iii) The ESIA report is also disclosed to a wider review by displaying the same in the media accessible by all stakeholders and the public.

Sub-Project Approval The approval of a sub-project at NEMA follows certain time lines and procedures. These timelines need to be reflected in the sub-project scheduling to avoid conflicts or unnecessary delays during the implementation. Basic approval process involves the following deliverables;

(i) Preparation and submission of ESIA Project Report (commonly referred to as Scoping Report) developed on the basis of initial findings of the sub-project and the concepts from the preliminary design, (ii) Terms of Reference (ToR) will be submitted to NEMA upon instructions to be approved for a full ESIA Study process, (iii) Full ESIA Study Report will be submitted to NEMA for review, disclosure and necessary approval.

Sub-Project Implementation During the implementation of each sub-project, supervision is expected to be an integral part of the works. The Contractor shall be provided with the ESMP for integration in the works. Appropriate supervision on environmental and social management performance will be necessary throughout the duration with the main criteria being the ESMP developed from the ESIA process. Progress Reports in this regard will be produced on pre-agreed schedules (Mid-Term and Completion Audits should also be produced).

ESMF Principles

The objective of developing an Environmental and Social Management Framework (ESMF), is to provide a tool for identifying linkages from a broad perspective with a view to establishing specific management principles for the sub-projects therein through specific Environmental and Social Impact Assessments (ESIAs). The main purpose of developing an ESMF is to provide a reference guide handbook for key environmental and social linkages associated with project and specific sub- projects. This is to ensure that NaMSIP is implemented in an environmentally and socially sustainable manner and in full compliance with Kenya’s and the World Bank’s environmental and social policies and regulations.

The Environmental and Social Management Framework (ESMF) implementation is basically the integration of environmental and social safeguards into the NaMSIP sub-projects. To achieve this, there must be a systematic process backed up with specific requirements established to ensure harmonized procedures, defined responsibilities, skills and technical capacity, assured financial resources, logical institutional structure and information/data for background.

Physical works have direct interactions with the environment and social settings. Social and economic linkages provide the NaMSIP projects’ relations to its externalities including other projects within the neighborhoods. These linkages are determined in as far as impacts (positive/negative) and co-existence is concerned especially where the projects complement each other or supplements the benefits. The linkages could be positive or negative. Either way, it would be necessary to establish appropriate management strategies as an integral part of the project.

ESMP Principles

Sub-projects developed under NaMSIP are geared towards enhancing social and economic benefits to the people living in the target areas and the Metropolitan in general. The sub-projects, however, should also observe environmental protection requirements in accordance to the established laws and regulations to ensure sustainability. To realize this goal, acceptability by a majority of the beneficiaries and minimal effects to the physical environment will require to be integrated in the overall project policies through constant consultations, evaluations and review of the design aspects throughout the project coverage.

It is recommended that guiding principles specific to each sub-project and the regulations governing the respective sub-project fields (water resources, roads infrastructure and waste management among other areas) be developed that will allow integration of environmental and social management considerations in the planning, construction, operations and ultimately decommissioning stages.

Almost all the sub-projects under NaMSIP are geared towards long term lifespan-intervention facilities and therefore, possibly to run for many years. However, should it be necessary to remove significant part or an entire facility under this project, a decommissioning audit will need to be undertaken between 6 months – 1 year before the process commences following a notice to decommission. The decommissioning process will be guided by a comprehensive decommissioning plan developed through the decommissioning audit process.

Conclusions

The following conclusions have been drawn following on the scenarios discussed under this report;

1. The NaMSIP project addresses areas of key public interest including waste management, water supply, access roads and markets among others as outlined in the Project Concept Note (PCN). The intervention areas are in total agreement with the Kenya Vision 2030 and reflected in the Nairobi Metro 2030,

2. At the time of this ESMF development, no specific sub-projects had been developed under the project categories. It was, therefore, not possible to undertake specific environmental and social impact assessments for any sub-project. The ESMF is a strategic document to guide the whole project on environmental and social management issues and a framework for sub-projects selection, design and implementation,

3. Nairobi Metropolitan Area spans a diverse environmental and social scope determined by the varying geographical, topographical, climatic conditions, socio-cultural and economic settings. The northern, southern and eastern zones have different characteristics in this regard and hence varying characteristics for sub-projects linkages.

Impacts associated with sub-projects, therefore, would be assessed based on the specific baseline environmental and social conditions.

4. Environmental and social setting in Nairobi Metropolitan Region is dynamic and likely to change drastically over time as social and economic aspects change. This may affect land use changes, cultural integration, resources availability and utilization, income generation and factors affecting the physical and biological environment

5. NaMSIP components provide a range of intervention sub-projects whose mandate falls under other institutions such as transportation, water projects, waste management, etc. This implies there are potential conflicts during the implementation if appropriate involvements ands and collaborations are not properly undertaken

6. With increasing demand for land in most parts of the metropolitan, social conflicts over settlements and economic activities are likely. While appreciating the desire of the sub- projects to minimize displacement of people, limited interference cannot be ruled out, a situation that calls for early engagement of the affected people, creation of ownership and prompt compensation where necessary

7. The project institutional framework is key for success of the sub-projects implementation. While the ministerial organizational framework is clear, the grassroots structure is not very clear to the extent where the various players get involved.

8. It is notable that budgeting process for the sub-projects has not been integrated into this ESMF report. This is to allow adoption of the existing procedures within the Ministry of Nairobi Metropolitan Development in this regard.

Recommendations

1. The ESMF is expected to be dynamic and likely to change over time. It is, therefore, expected that the document will need to be reviewed at least annually to continually address the changing environmental and social settings. This would, particularly be important with changing legal framework as the situation is evolving with implementation of the new Constitution,

2. Upon development and formulation of specific sub-projects, appropriate Terms of Reference for ESIAs will need to be developed and appropriate experts engaged to develop specific ESMPs for the sub-projects implementation. The ToRs will need to be fully guided by the ESMF in order to address all environmental and social issues associated with the specific sub-project. At the national level, ESIA studies are undertaken by Experts registered and recognized by the National Environmental Management Authority,

3. With communities being the main beneficiaries of the intervention projects, ownership is extremely important. Stakeholders’ participation and public consultations should be integrated across the entire project implementation process through consultation forums and rapid interviews. Public disclosure is among the forums for involvement of the stakeholders at all levels.

4. Having appreciated the roles of core players in the various sectors where intervention projects are taking place, it will be necessary to incorporate the respective Agencies in

the formulation and design of the respective sub-projects and also bring them on borad during the implementation phases. Among the key players likely to be involved include the Road Sectors, Water Sectors Players, Local Authorities, etc.

5. As noted earlier, among the sub-projects are likely to have a multiple linkages with the environmental and social issues. For this reason, it will be necessary to consider integrated approach for all the intervention projects for enhanced long term sustainability and value adding to the beneficiaries.

6. It will be necessary to establish a comprehensive and all-inclusive sub-project implementation structure to be applied in the project components. A sample outline has been proposed under this ESMF report.

Chapter 1: Introduction

1.1 Background

The Ministry of Nairobi Metropolitan Development (MoNMED) was constituted under the Presidential Circular No. 1 of May 2008, with the main mandate of preparation and enforcement of an integrated spatial growth and development strategy and of implementation of an integrated strategic program on social, economic and infrastructural services. This would improve the core public infrastructure in the metropolitan area, which are chief enablers in the achievement of the economic pillar of the Kenya Vision 2030 and enhanced National Economic Development Agenda. The Ministry's core functions inter alia include:

(i) Development of integrated Roads, bus and rail infrastructure; (ii) Development of efficient Mass Transport System, and (iii) Replacement of Slums with affordable low cost/rental housing – provision of adequate housing.

Nairobi Metropolitan region covers over 15 districts in about 8 counties and spreading to about 32,000km2. It is characterized by a range of environmental, social, economic and cultural settings that are determined by among other factors land use practices and productivity trends, traditional lifestyles, physiological patterns, climatic conditions, ecological features, population distribution and economic activities.

In order to effectively fulfill its mandate, the Ministry is systematically building its capacity and undertaking major infrastructural projects to address the most immediate challenges in the Metropolitan area. In this respect the Ministry is collaborating with various development partners which are providing financial and technical assistance for various projects. Currently the Ministry has secured the assistance of the World Bank for the preparation of the Nairobi Metropolitan Services Improvement Project (NaMSIP). .

The Nairobi Metropolitan Services Project is intended to improve services in the Metropolitan area which are critical for economic development, which include: Solid Waste Management, Transport systems, Storm water Management, Water Supply and Sanitation, Disaster Management, Security/Street Lighting etc. In addition, the implementation of the project will give the Ministry an opportunity to build its Human Resource and technical capacity in carrying out Metropolitan wide- ranging activities. The Nairobi Metropolitan Services Improvement Project is in line with Government’s national development priorities and policies as well as ongoing public sector reform agenda particularly the Kenya Vision 2030. The project also supports strengthening of public sector management and accountability.

1.2 The Assignment

Development initiatives within the Metropolitan area are partially driven by the existing social and economic needs as well as the potential opportunities identified for future economic growth and social welfare of the people. It is upon this basis that the Ministry of Nairobi Metropolitan Development has identified initiatives with respect to institutional development, infrastructural development, solid waste management, water supply, transport infrastructure and management, including commuter rails and public service stations and project management.

The Nairobi Metropolitan Services Project (NaMSIP) comprising the initiatives mentioned above may have varying linkages and challenges in different parts of the metropolitan area. From the high Ministry of Nairobi Metropolitan Development Page 18 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project agricultural and dairy potential areas in the northern and western zones of the Metropolitan, the low lying Arid and Semi-Arid Lands (ASAL) areas to the south and east and the highly commercialized and industrialized Central Business District (CBD) are unique with respect to environmental setting, social and cultural characteristics and economic activities. It is also noted that most parts of the Metropolitan area have experienced challenges in mainstreaming physical planning requirements over the last decades with significant implications to the proposed improvement initiatives. Among these include mixed land use features compromising zoning, encroachments to public utility areas (roads, services way leave, communal grounds, etc) and pressure on physical infrastructure and basic amenities including sanitation systems, water supply, drainage, access roads and waste management facilities.

Environmental, social and economic aspects are key elements for consideration while undertaking social and economic intervention initiatives in urban settings including infrastructural projects. Similarly, variations in cultural linkages are defined by the extent of the metropolitan area that cuts across several social-cultural settings from the north to south and east to west. These linkages call for a well-considered integration into the intervention initiatives at all levels of the NaMSIP project cycles. An Environmental and Social Management Framework (ESMF) is a management tool for identifying the linkages from a broad perspective with a view to establishing specific management principles for the intervention of sub-projects therein through specific Environmental and Social Impact Assessments (ESIAs).

1.3 ESMF Purpose

This environmental and social management framework is developed such as to reflect the policies and strategies guiding NaMSIP initiatives specifically and the Ministry of Nairobi Metropolitan in general. It is expected to be an integral part of the components in the consideration of projects with clear broad issues, actions and responsibilities for implementation. Integration into specific sub- projects will require that the issues and action plans are translated at project level management aspects. Outline on ESMP established and structure has also been discussed.

The main purpose of developing an ESMF is, therefore, to provide a reference guide handbook for addressing key environmental and social issues arising from associated with project and specific sub-projects. The ESMF identifies broad impacts and establish broad management policies on the same at ultimately lays a basis for specific management plans for each of the related sub-projects.

1.4 Assignment Objectives

The objective of the assignment was to assist the Ministry of Nairobi Metropolitan Development (MoNMED) to develop an Environmental and Social Management Framework (ESMF) and subsequently establish an Environmental Impact Assessment/Environmental Management Plan (EIAs/EMPs) outline with respect to critical public infrastructural services at the local authority and metropolitan levels regarding Solid Waste Management, Transport and other critical public infrastructure (street lighting, markets, storm water drainage, water supply, sanitation services, public parks and green spaces). This was to ensure that NaMSIP is implemented in an environmentally and socially sustainable manner and in full compliance with Kenya’s environmental regulations and the World Bank’s environmental and social Operational Policies on safeguards.

More specifically, the objectives of the assignment were:

(i) To assess the potential environmental and social impacts that may arise from the NaMSIP initiatives, whether positive or negative, and propose appropriate mitigation measures which will effectively address the impacts; (ii) To inform the sub-projects’ preparation process of the potential impacts from different alternatives and relevant mitigation measures; and (iii) To establish clear directives and methodologies for the environmental and social screening of sub-projects to be financed under NaMSIP Project (ESIA Guidelines). (iv) Prepare environmental and social screening procedures for the specific sub-projects to be undertaken under the project. This will be equivalent to developing appropriate ToRs for the specific EIAS for the proposed sub-projects.

1.5 Scope

In accordance with the Terms of Reference, The Ministry of Nairobi Metropolitan Development (MONMED) has established intervention initiatives in four distinct project areas (referred to as Components under the NaMSIP). Each of the Components is expected to generate numerous sub- projects in various parts of Nairobi Metropolitan Region touching on a cross section of inter sectoral fields. The ESMF outlines broad environmental, social, cultural and economic linkages and management principles for the project components as well as establishing plans of action for specific sub-projects that subsequently guide specific ESIAs for the sub-projects implementation.

The scope of the assignment covered the following;

(i) Analysis of the components with respect to the related sub-projects clusters, (ii) Evaluate potential linkages for each subprojects cluster to the environmental and social aspects (iii) Analysis of the environmental, social and economic baseline conditions of the Nairobi Metropolitan by zones (northern, southern and central), (iv) Establish broad impacts and mitigation measures for each environmental and social issues per sub-project cluster, (v) Prepare a schedule of key consideration on environmental and social as a toll for project selection and implementation, (vi) Prepare an outline process on ESIA for adoption by the respective sub-projects, (vii) Develop an outline ESMP concept for adoption by the respective sub-projects.

1.6 Approach

The ESMF and ESMP tools under this assignment were developed through an interactive process involving desk studies for literature review and discussions as well as field visits for physical observations and information verification. 1.6.1 Basic Tasks

While an ESMF is strategic in nature such as to cover broad programmes, an ESMP is applied to specific sub-projects with specific environmental and social features including physical locations. For purposes of clarity in focus, the ESMF was developed first so as to constitute the criteria for structuring the ESMP. The basic tasks in this regard involved the following;

Task 1 Appreciation of the terms of reference and interpretation of the same with respect to realities on the ground and relevance to the project components. Appropriate documentary and literature review was undertaken alongside consultations with the Project Management on the scope and the

Ministry of Nairobi Metropolitan Development Page 20 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project expected outputs from the exercise. This also provides the background of the respective project components.

Task 2 A rapid screening of the environmental and social setting of Nairobi Metropolitan through physical assessment of selected locations by zones. The project programme components and the associated potential sub-projects clusters were described under this task to enable appreciation of the variances in baseline conditions and relevant linkages for each project category.

Task 3 Identification of environmental and social issues for each project component on zones basis as a criteria for propositions on appropriate management actions. An evaluation of the existing capacity and responsibilities within NaMSIP as well as technical assistance required included mode of financing for the project implementation will be undertaken in this task. Capacity aspects would include human skills, infrastructural provisions, logistics and financial requirements for the intervention sub-projects. This provided the key parameters for the environmental and social management framework.

Task 4 An analysis of the national policies, legal and regulatory structures with specific reference to the project components and the sub-projects. The World Bank Operational Policies were analyzed with respect to their relevance and applicability. Appropriate evaluation of compliance requirements has been provided for each section of regulation or policy analyzed.

Task 5 Participation and inclusivity is a key element in the development and application of an ESMF. Stakeholder identification and analysis was carried for planning of appropriate consultations through workshops and other forums upon completion of the draft ESMF. Participation was an opportunity not only for contribution into the ESMP but also enhanced ownership.

Task 6 Based on NEMA EIA/EA regulations and the World Bank Operational Policies for environmental and social compliance, an ESIA guideline was developed for all sub-projects under NaMSIP were developed. Sub-project clusters under each category identified and analyzed following the findings from Tasks 2, 3 and 4, ESMP parameters was developed for each sub-project cluster.

1.6.2 Desk Studies

This involved documentary and literature review of among others;

(i) World Bank Website (ii) Districts Development Plans (DDP) for selected District within the metropolitan, (iii) Analysis of the national relevant policies, legislations and regulations. The World Bank Environmental and Social policies and Safeguards, (iv) The Strategic Plan 2008 – 2013 (Nairobi Metropolitan Development) (v) Nairobi Metro 2030 (vi) The World Bank ESMF Toolkit (vii) National population and economic reports

1.6.3 Field Visits

The consultant made rapid field verification visits of the Metropolitan Region in order to identify key environmental and social issues on the ground and appreciate possible linkage of the potential sub- project activities. Observations were made on among other areas;

(i) Land degradation trends (ii) Water resources status (surface and ground) (iii) Deforestation issues (iv) Climatic conditions and variations across the metropolitan (v) Biodiversity aspects and variation across the metropolitan (vi) Economic issues and trends (vii) Socio-cultural linkages (viii) Environmental quality and influencing factors

1.7 Outputs

1.7.1 The Overall Output

An Environmental and Social Management Framework (ESMF) is a tool to guide the project on the general management criteria where there is a multiplicity of sub-projects of projects with regard to environmental and social performance. The ESMF spells out the potential environmental and social issues during planning, design, implementation and operation of the projects components and their sub-projects outlines the management measures required for effective management of the negative impacts.

Consideration was taken of strategic policies with respect to project financing as well as compliance with the national laws and regulations. Adoption of this framework shall ensure that the projects and sub-projects meet the national environmental and social requirements and are also consistent with the applicable safeguards policies and provisions of the World Bank.

An Environmental and Social Management Plan (ESMP) is the implementation tool of recommendations arising from an ESIA process for a specific sub-project. It takes into consideration specific environmental and social aspects of the target sub-projects and the associated impacts subsequently establishing time-based actions and monitoring criteria with identifiable responsibilities and cost estimates. Since an ESMP is project specific, it will, not be transferable between sub-projects.

1.7.2 Specific Outputs

The following were the basic expectations from ESMF;

(i) Clear procedures and methodologies for the environmental and social planning, review, approval and implementation of sub-projects under the NaMSIP, (ii) Specifications of appropriate roles and responsibilities, and outline of the necessary environmental and social reporting as well as impact management procedures, (iii) Determination of training, capacity building and technical assistance needed to successfully implement the provisions of the ESMF, (iv) Establishment of the project funding mechanism for implementation of ESMF

requirements, (v) An organizational structure to include recognized and established environmental and social entities (within Central and Local Government, the metropolitan services, utilities, government agencies, NGOs, and civil society, as appropriate) to screen and assess sub-project applications to determine their viability before approval, (vi) A clear delineation of the role of all stakeholders (whether they are to be informed and/or consulted) in approval of sub-projects applications, and subsequent implementation and monitoring of the sub-projects, (vii) Establishment of practical information resource requirements for implementing the ESMF.

Chapter 2: The Project Description

2.1 The Nairobi Metropolitan Area

Nairobi Metropolitan Region (NMR) covers an area of approximately 32,000km2 and is located on the Central and Southern part of the country such as to include the jurisdiction defined by boundaries of fifteen (15) local authorities in Nairobi, Kiambu, Machakos and Kajiado Counties.

Figure 1: Nairobi Metropolitan Region Location Map

Source: Ministry of Nairobi Metropolitan Development

The 15 Local Authorities constituting the Nairobi Metropolitan Region are as follows;

(i) City Council of Nairobi (ii) Municipal Council of Thika (iii) Municipal Council of Kiambu (iv) Municipal Council of Ruiru (v) Municipal Council of Limuru (vi) County Council of Kiambu (vii) County Council of Thika (viii) Town Council of Kikuyu (ix) Town Council of Karuri (x) Town Council of Tala/Kangundo (xi) Municipal Council of Machakos (xii) County Council of Masaku (xiii) Municipal Council of Mavoko (xiv) Town Council of Kajiado (xv) County Council of Olkejuado

2.2 Nairobi Metropolitan Zones

Environmental and social issues associated with intervention projects in Nairobi Metropolitan in general are based on the prevailing environmental and social baseline conditions. On the other hand, variations in the baseline conditions are dependent on the geographical and physical orientation of specific zones of the metropolitan. To enable a focused and logical identification of relevant environmental and social aspects, the Metropolitan area may be segmented into 4 distinct zones (also adopted under Nairobi Metro 2030) as follows,

2.2.1 Northern Zone

Northern zone comprises of the following;

(i) Municipal Council of Thika (ii) Municipal Council of Kiambu (iii) Municipal Council of Ruiru (iv) Municipal Council of Limuru (v) County Council of Kiambu (vi) County Council of Thika (vii) Town Council of Kikuyu (viii) Town Council of Karuri

The Zone is characterized with uneven topography featuring steep slopes and deep valleys, well- drained and fertile soils, high rainfall, water availability and other favourable climatic conditions. Most of the surface water sources originate from the water catchments, watersheds, and streams flowing through this zone. It is the main catchment for the rivers and streams traversing the metropolitan (the Aberdares, Kikuyu highlands and Ngong hills) characterized with high rainfall, water availability; soil productivity, uneven topography featuring steep slopes and deep valleys, well drained.

The zone is also relatively vegetated with forests (natural forests and agro-forestry forests) and agricultural crops (tea, coffee, subsistence crops) and has high relative economic productivity due to the availability of water resources, high rainfall, soil fertility and other favourable climatic

Ministry of Nairobi Metropolitan Development Page 25 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project conditions. The zone is basically semi-urban in nature featuring high population and economic activities, residential and institutional facilities. There is notable gradual environmental quality decline following the increasing population with impacts such as degradation, pollution generation, emissions and loss of vegetation. Environmental pollution seems to be increasing as settlements, commercial and institutions shifts into the region from the city areas.

Sub-projects targeting this zone are likely to focus on improving access roads, provision of water and improved sanitation and waste management, especially in the urban centers among them Thika, Juja, Ruiru, Karuri, Limuru, Kikuyu, Githunguri, Ngong and associated suburbs.

2.2.2 Southern Zone

The zone comprises of;

(i) Municipal Council of Mavoko (ii) Town Council Kajiado (iii) County Council Olkejuado

Southern Zone is generally an ASAL area with limited water sources (including ground water), less vegetation cover and is relatively dry. The zone is relatively flat and prone to flooding, a potential challenge to sanitation and waste management. The zone harbours the famous Nairobi National Park and its dispersal area spanning far to the south and southeast (within the Nairobi Metropolitan area and beyond). There are conflicts with wildlife, drainage systems, vegetation cover, environmental quality and demand on water resources. These are challenges to be managed

Focus areas of interest include major urban centers such as Mavoko, Kitengela, Mlolongo, Isinya, Kiserian, Kajiado, Bisil, Namanga, and Oloilokitok. There are also notable fields and ranches that are now being encroached upon by human development. In the recent past, there is an apparent shift of social and economic activities into this zone creating a change in land use trends toward urbanization. The main economic activities are industries (concentrated in Athi River), commercial enterprises, semi-nomadic pastoralism and crop growing.

Socially, the zone is relatively homogenous being a convergence of cultures, the most dominant being the Masai. The evolving development is also a potential area of social conflict in the long term. Kajiado posted a population of 387,500 persons and a density of 59 persons/km2 on average that rises to 5 persons/km2 in some towns and set to rise unless management strategies are established. Significant settlements, commercial and institutional facilities are shifting to the area without commensurate provision of services (drainage, sanitation, waste management, water supply and road infrastructure). The target intervention projects in this area is likely to be drainage, sanitation, waste management, water supply and road infrastructure

2.2.3 Eastern Zone

This zone comprises of three local authorities;

(i) Town Council of Tala/Kangundo (ii) Municipal Council Machakos (iii) County Council Masaku

The Zone is also an ASAL with low rainfall, limited vegetation cover, poorly drained and generally flat with a few rocky outcrops. Like the southern zone, there is a massive immigration by developers

Ministry of Nairobi Metropolitan Development Page 26 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project and land buyers into the zone extending towards Machakos Town and Tala Market. The zone is poorly served with drainage systems, waste management services and sanitation infrastructure that do not match the fast population growth (current population density is very low especially towards the periphery of the NMR ranging from < 40 persons/km2 in the rural to >1,500 persons/km2 in urban). The zone is also facing significant pressure on environmental resources and infrastructure with increasing settlements, commercial and institutional activities shift from the City centre.

2.2.4 Central Zone

Central Zone, comprising of the main Nairobi City Central Business District (NCBD), is the commercial and institutional hub for the NMR. It has high concentration of industrial activities, institutions, trading facilities, transportation interchanges and settlements. The zone reflects almost all environmental and social challenges due to ever diminishing infrastructural capacity and increasing population (currently at 3.14 million and a density of 4,515 persons/km2) peak during the day while majority retreat to the outer zones at night. The largest pollution loading discharging into the water bodies (River Athi, Ngong River, Nairobi River, etc.) and emission into the air originates from the central zone (the city centre and the industrial area).

2.3 The Metropolitan Social Outlook

The Nairobi Metropolitan area can be clustered into three spatial social and economic Urban-Rural settings namely Urban, Transitional and Rural. There is an outward graduation from the urban to transitional areas and to the rural areas. If the current development trends continue, both the transitional and rural settings will be swallowed into the urban/commercial setting. The three socio- economic settings of the Nairobi metropolis are presented in the table below:

Table 1: Nairobi Metropolitan Spatial Area

Zones Spatial Areas

Urban Transitional Rural Northern Zone Ruiru, Juja, Thika, Kiambu, Githunguri and Karura Kiambu to Githunguri Uthiru and Kikuyu Southern zone Mavoko, Kitengela, Kisaju and Isinya Isinya to Kajiado and Isinya Kajiado, Kiserian, Ngong to Oletipis and Naromoru and Ongata Rongai Eastern Zone Njiru, Ruai, Tala, Ruai and Lukenya Ruai-Kangundo-Mutituni- Kangundo, Mavoko and Lukenya Machakos Nairobi Core All Urban Outer Suburbs - (Central Zone)

2.3.1 Urban Setting

The urban setting consists of the central zone and various suburban ring towns that have grown as commercial centers offering services/goods as those offered in the Nairobi city. These suburban ring towns include Westlands, Kangemi, Uthiru, Karen, Southlands, Industrial Area, Embakasi, Kasarani, Kahawa and Parklands among others. The urban cluster depicts the following socio- economic features:

(i) Commercial centers with heavy to light industries (ii) Mixed residential areas, shopping malls, convenient stores and entertainment spots.

(iii) Informal settlements on all sides (it seems the high class and informal settlement are equally distributed around the urban area. (iv) Very high day population and less night population.

2.3.2 Transitional Setting

The transitional setting links the urban-rural continuum and therefore depicts both rural and urban socio-economic features. This setting consists of Kisanju, Kiambu, Ruaka, Kinoo, Waithaka, Karen, Ongata Rongai, Mlolongo, Syokimau, Ruai, Ruiru and Gigiri among others. Following socio- economic features

(i) Land is mostly inherited from forefathers as freehold land ownership is dominant; (ii) Mixed land use consisting of crop growing and livestock (pigs, chicken and dairy cows) keeping; (iii) Rapid development into residential area consisting of apartments and single unit bungalows and maisonettes; (iv) Rapidly increasing population densities; (v) Land fragmentation into small parcels; (vi) Residents consists of mixed ethnic groups with informal social linkages (vii) Decline in agricultural productivity as more land is getting built-up.

2.3.3 Rural Setting

These areas include Githunguri, Karuri, Limuru, Tigoni, Uplands, Kikuyu, Ngong, Kiserian, Isinya, Kajiado, Namanga, Machakos, Athi River, Kitengela, Lukenya, Kangundo, Tala, Thika, etc. and beyond transitional and the periphery of urban areas.

This rural setting area depicts the following socio-economic features:

(i) Ranching and subsistence crop growing (ii) On average, land sizes are relatively extended (iii) Low population densities with scattered settlement establishment (iv) Residents consist of homogeneous ethnic groups consisting of amalgamation of several clans who maintain traditional practices and organizational settings.

2.4 The Nairobi Metropolitan Services Improvement Project (NaMSIP)

NaMSIP was designed by the Ministry of Nairobi Metropolitan Development with the aim of strengthening the public sector management, accountability and improvement of services delivery. The implementation would take place in selected areas with specific emphasis on solid waste management, water supply service and Transport in the Metropolitan region. The three services are of critical importance in the social and economic development for the following reasons.

(i) There is inadequate collection and dumping of solid waste and hazardous waste from the metropolitan area. Nairobi city alone collects only about 60% of the waste generated, the rest being assimilated in the city environment. Provision of appropriate facilities is low, willingness to pay private waste handlers is low, the waste pathways posses environmental and health challenges while destinations (Dandora in Nairobi City and locations for each town) are unsanitary and a risk to environment and health. Most other urban centre in the NMR does not even have any organized dumping sites for their solid wastes.

(ii) Water supply and sanitation for Nairobi Metropolitan is overstretched by the growing population and demand for commercial and industrial development. While appreciating the efforts by the Water Authorities, MoNMED found the need to collaborate on intervention measures, (iii) Transport infrastructure in Nairobi Metropolitan is at its limits. In addition to enhancing the capacity, the status and conditions of roads in most of the metropolitan region requires collaborated improvement.

This initiative follows among the mandates of MoNMED that is to address the challenges facing infrastructural development and management in the Metropolitan region. NaMSIP has been formulated to implement the initiative through 4 major components as outlined in the next section

2.5 Project Components

In addition to analysis of the overall environmental and social baseline conditions across NMR, development of ESMF for the Nairobi Metropolitan Services Improvement Project (NaMSIP) also evaluated the five components to which the ESMF is directed. Components 1 and 4 are meant to provide support the project in administrative and management though they may require their own support infrastructure, while components 2 and 3 require integration of physical actions for implementation. The components are described as follows;

2.5.1 Component 1 (Institutional Reform and Planning)

This component will assist local governments and whatever successor institutions are brought into being through the new constitution in among other focal areas

(i) Urban planning; (ii) Financial management, including revenue enhancement; (iii) Accountability citizens, through measures such as a participatory budget planning process, a transparent automated construction-permit system, and other measures; (iv) Improving service delivery; (v) Developing land use plans to promote development in the vicinity of new commuter rail stations, and (vi) Creation and operation of ring-fenced solid waste collection companies in local authorities which would dispose the waste into regional landfills, as supported under Component 3.

The component will also support the evolution and build the capacity of metropolitan governance agencies including the Nairobi Metropolitan Spatial Planning Authority, the Metropolitan Water and Wastewater Authority and solid waste companies through the formation of three key institutions, namely Nairobi Metropolitan Spatial Planning Authority, Nairobi Metropolitan Water and Wastewater Authority and Nairobi Metropolitan Solid Waste Companies.

2.5.2 Component 2 (Critical Local Government Infrastructure and Services)

Designed to support local authorities in critical infrastructure and improve service delivery in urban areas and urban growth. The component will be implemented directly by Local authorities. Among the project features will include;

(i) Street lighting (ii) Traffic management

(iii) Market spaces development (iv) Public infrastructure around commuter rail stations (v) Improving roads under Local Authorities’ mandate (vi) Provision of cycle tracks and foot paths development (vii) Training of Local authority staff

2.5.3 Component 3 (Critical Metro Infrastructure and Services)

To assist in the provision of solid wastes, transport and sewerage services for the areas within the Nairobi Metropolitan Area. For purposes of appreciation of the areas of intervention, the Component has been split into three sub-components namely Solid Waste Management, Transport and Sewerage Services and described as follows;

Sub-Component 3A: Solid Waste Management (i) Development of Integrated Solid Waste Management (ISWM) for the entire metropolitan (ii) Development of sanitary solid wastes disposal sites for metropolitan towns (iii) Gradual decommissioning unsanitary solid waste disposal sites (iv) Provision of sanitary solid wastes transfer stations (v) Formation of sanitary landfill management companies (vi) Improvement of the welfare and conditions for solid waste pickers and handlers

Sub-Component 3B: Transport (i) Upgrading and construction of infrastructure feeding to commuter rail stations (ii) Linking of satellite towns for pedestrians, cyclists and buses (NMT and BRT systems) (iii) Improving routing and efficiency of mass transit system (iv) Rehabilitation of strategic road links with Local Authorities

Sub-Component 3C: Water and Wastewater (i) Development of wastewater collection system (ii) Treatment systems (stabilization lagoons) (iii) Disposal systems/drainage channels

This will create collaboration with the Bank’s National Urban Transport Improvement Project (NUTIP) currently under preparation; and sewerage services such as (a) collection systems, (b) treatment systems and, (c) disposal systems

2.5.4 Component 4 (Project Management, Monitoring and Evaluation)

Like Component1, this component is administrative in nature in addition to seeking for funding and resources support for the project. It will, therefore, also cater for the resources and implementation capacity of the ESMF. In terms of implementation, the component may require physical provisions such offices and related infrastructure that may require undergoing ESIA process for approval. The ESMF will, therefore focus on this

2.6 Sub-Projects Analysis

It is already appreciated that NaMSIP Component comprises a multiplicity of sub-projects to be implemented in different locations across the metropolitan. This section outlines the sub-projects cluster against each component. This indicative list includes sub-projects that may be selected after screening for inclusion in NaMSIP.

Table 2: Component Sub-Projects Analysis

Component Sub-Projects Clusters General Environmental and Social Management Activities Component 1 (i) Selection of physical support location . Review of environmental and social safeguards implementation structures Institutional Reform (ii) Construction and installation of offices and for all components and Development facilities . Institutional administration and planning structuring and provision of coordination (iii) Establish capacity on Environment and environmental and social linkages social management between components

. Capacity Building for environmental and social integration and management Component 2 (i) Installation of street lighting in pre- . Identification of intervention area by identified road junctions local authorities as per the component Other Critical Public fields in collaboration with NaMSIP Services (ii) Markets development in collaboration with respective County Councils . Identification of sites, feasibility studies, designs and construction accordingly (iii) Development and improvement of drainage systems in selected urban . Supervision and monitoring on zones (commercial and residential areas environmental and social management performance (iv) Development OR rehabilitation of sanitation facilities in collaboration with County Councils, Athi Water Services Board and Water Services Providers

(v) Establishment of public parks and green spaces in collaboration with County Council Component 3A (i) Waste management Audits by Local . Environmental and social considerations Authorities in the identification, design and Integrated Solid construction of sanitary disposal sites Waste Management (ii) Development of waste transfer stations for local authorities in towns . Decommissioning audits for closure of (iii) Development of engineered sanitary unsanitary disposal sites solid waste disposal sites . Environmental and social aspects on (iv) Decommissioning of unsanitary disposal collection, storage, transportation and sites disposal of wastes from sources

(v) Capacity building initiatives (skills, . Integration of environmental and social institutional equipment, waste collectors issues in the institutional structures for welfare solid waste management

. Involving of the private sector in the economic opportunities initiatives Component 3B (i) Construction of new link roads, . Consideration of environmental and upgrading and improvement of existing social aspects in the identification and Transport roads and associated facilities (bridges, developing of mass rapid transit Management etc) within Local authority jurisdiction. corridors and associated infrastructure

(ii) Construction of NMT facilities (foot . Considerations of environmental and bridges, under passes, footpaths, cycle social aspects in the identification, tracks, hand cart passages, Bodaboda” design and construction of NMT parking areas, etc.) facilities.

(iii) Rehabilitation of existing railway . Installation of traffic control provision for Ministry of Nairobi Metropolitan Development Page 31 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project

Component Sub-Projects Clusters General Environmental and Social Management Activities corridors for commuter train and enhanced flow. associated rail stations. . Integrating environmental and social (iv) Installation of road provisions (traffic issues into the institutional structure lights, speed bumps, signage etc.

(v) Capacity building including establishment of a transport master plan Component 3C (i) Improvement of wastewater collection . Evaluate the range and characteristics (drainage, sewer systems, etc, of wastewater sources Water Supply (ii) Provision of waste water treatment . Environmental and Social Impact facilities for towns (stabilization Assessment studies for each treatment lagoons), system

(iii) Appropriate discharge systems for . Evaluate the impacts to the receiving wastewater environment. (Water sources, land, air quality, social features etc.) Component 4 (i) Selection of physical requirements Building capacity for environmental and social Implementation and establishment Project (ii) Installation of necessary support of appropriate M & E system management, facilities (offices, water supply, monitoring and sanitation, communication and security Evaluation installations)

Chapter 3: Environmental and Social Baseline Conditions

3.1 Overview

Nairobi Metropolitan Region spans an area with a diverse range of environmental and social settings. The variation follows the zonal orientation with the Northern Zone presenting its unique characteristics different form the Southern and Eastern Zones. The Central Zone is a transition section between the northern and southern zones. The environmental and social characteristic determines the nature of specific linkages arising from specific intervention sub-projects. In this regard, therefore, the ESMF will address the varying issues in connection to established baseline conditions. The following section outlines the baseline conditions by zones.

3.2 Environmental setting

3.2.1 Topography

The physiology of Nairobi Metropolitan region varies from the steep slopes valleys in the northern zone to the mild sloppy central and flat terrain in the southern and eastern zones. The elevation varies from 1,800m a.s.l to the north (Kiambu, Limuru, Kikuyu and Ngong) to 1,600m a.s.l. in the south and east (Kajiado) over 50km providing reasonable slope, explaining why the upper zones of the Metropolitan are well drained. The main features influencing the topography of the region ate the Aberdares, Kikuyu escarpment and Ngong Hill for the Northern zone. The topography in the southern and eastern zones is influenced by the expansive Kapiti plains that spans towards the border with Tanzania and towards Kitui in the east. While most sub-projects are confined in small locations, massive implications on topography of the region are not likely. However, spot physiological change are likely for sub-projects such as road construction, development of waste disposal sites, market development and public parks and green spaces.

3.2.2 Drainage and Hydrology

Nairobi Metropolitan general slopes northwest to the southeast with influence from Aberdares and Ngong hill. The region falls within the Upper Athi River basin and is well drained in the north and western parts where the area is characterized with steep slopes and valleys. The extent of surface drainage reduces towards the south and east as the terrain gets flatter creating potential for flooding in some area. Variation in soil type is also a factor that influences surface drainage through infiltration. Red and sandy soils in most of north and western zones facilitates more surface drainage compared to the south and eastern zones that are characterized with black cotton soil, generally poorly drained. As illustrated below, any interference with the natural drainage and flow patterns of the rivers and streams leads to serious flooding cases to the metropolitan areas during heavy rains, especially the lower zones (southern and eastern zones). There is, however, a component under the project that addresses drainage improvement around the Metropolitan areas.

The hydrology of the metropolitan is influenced by Athi River, flowing along the southern and eastern edges. The river that rises from the slopes of Ngong hills as Mbagathi River constitutes the drainage basin that runs through to the Indian Ocean. Among the key tributaries draining the metropolitan include the following;

(i) Thika (and Chania) Rivers flowing west east on the northern edges arising from the Aberdares. Unlike all other streams described hereunder, Thika River discharges into Tana River basin, although most of its water is used in the Athi River and so is sewage and wastewater discharge,

(ii) Komu, Ndarugu, Juja, Thiririka and Ruiru rivers rises from the Aberdare slops and drains the entire northern zone of the metropolitan. The rivers are perennial and shows significant flows to the extent of supporting water supply schemes (Ndarugu and Ruiru rivers), though hydrological trends could not be established immediately. The rivers discharge into Athi River, (iii) Kamiti, Kiu, Gatharaini and Ruaka rivers are perennial streams that also arise from the lower Aberdare slopes but with significant interference in the flow trends and water quality from social and economic activities (settlements, farming and urban development). The river flowsinto Nairobi river and ultimately to Athi river, (iv) Mathari, Nairobi and Ngong rivers traverses the city rising from the west towards the east. The streams provide the key sinks and modes of pollution transport, otherwise without any economic value. There have been efforts on clean-u programs mainly for Nairobi and Ngong rivers and clear results are yet to show. The rivers discharge into Athi River. (v) Mbagathi/Athi River and the Stony Athi are the stream draining southern zones. The streams have notable variations over the year, with Stony Athi wholly seasonal. Athi River ultimately determines the drainage and hydrological trends of all other streams in the metropolitan. The river then transforms to Galana and Sabaki before discharging into the sea. Observation have shown the effects of pollution loading from the metropolitan for long distances downstream

The general drainage of the main city is eastward from the hill area accumulating in the low lying ground between Parklands in the North and Nairobi south estate. The Kirichwa valley tuffs lying to the east of the highway behave like a sponge and the contact between them and the underlying impermeable phonolite is thus a perfect aquiver that a number of channels containing water occur beneath Nairobi, hence the name of the place. Kenyatta Avenue follows the direction of a stream course down which water flowed to debouch onto the plain.

Most of large streams and rivers draining in Kikuyu highlands are perennial and there is plenty of water in the western corridor. On the lower ground to the east and south, however streams tend to dry up during dry season. The streams are frequently fed by springs that flow out of the forest belt of Kikuyu land, which feed the headwaters of Nairobi River and Mbagathi River. Innumerable other small springs flow out from between lava flows with differing porosity and permeability.

3.2.3 Water Resources

The main river in the Nairobi (the Central Zone) is the Nairobi River flowing through the city. It is the main river of the Nairobi river basin, a comprising of several parallel streams flowing eastwards. All of the Nairobi Basin Rivers join east of Nairobi and meet the Athi River, eventually flowing to the Indian Ocean. Nairobi River is the main influencing basin with it s tributaries including Ruiru River, Kamiti River, Rui Ruaka, Karura River, Gitathuru River, Mathare River, Kirichwa and Motoine- Ngong River. The Motoine River flows to the Nairobi Dam and further onwards the stream continues as Ngong River. All these rivers suffer from contaminations by agriculture, slums and industrial areas during rainy seasons the discharge tends to multiply, causing floods on low-lying riverbanks. The rivers have old River Gauging Station (RGS) though some of them seem to be active. Available flow data is old, therefore, may not provide actual current status.

The surface water in Kiambu district comprises many permanent rivers and springs such as Kamiti, Riara, Kiu and Ruiru all are fairly well distributed in the study area. The rivers are originated in the highlands of Aberdare range to the north of study area forming water catchments areas and number of them flow towards the lowlands in Thika district. These rivers eventually form Tana and Athi

Ministry of Nairobi Metropolitan Development Page 34 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project drainage system. The rivers in Machakos district that lay within the drainage basin of Athi River are seasonal and dry season. The Ngong hills in Kajiado district are the catchments of the upper Athi River. The rivers in this catchments area include Embakasi and Kitengela River. The Embakasi River constitutes of the only perennial water source in the Upper Athi river area including Athi river town. This river supplies water for domestic, industrial and irrigation purposes around Athi River and Kitengela townships.

The above implies that most physical intervention sub-projects will in one way or another interact with a water resource and hence potential impacts sample of the water resources shows that most surface water sources have high suspended matter content and are expected to also have high levels of organic content and bacterial contamination (the tests were not carried out under this exercise).

Table 3: Water Quality Results (Oil/Grease, TSS, pH, TDS)

Sampling Point Description Parameter and Units Values

Ruaka Bridge on Thika Road Oil/Grease (mg/l) 0.044 Total Suspended Solids (mg/l) 20 Total Dissolved Solids (mg/l) 1,039 pH 7.6 Chania River bridge on Thika-Nairobi highway Oil/Grease (mg/l) 0.04 Total Suspended Solids (mg/l) 20 Total Dissolved Solids (mg/l) 49 pH 7.6 Nairobi River bridge at Museum hill Oil/Grease (mg/l) 0.256 Total Suspended Solids (mg/l) 140 Total Dissolved Solids (mg/l) 358 pH 7.8 Nairobi River at Kawangware bridge Oil/Grease (mg/l) 0.232 Total Suspended Solids (mg/l) 70 Total Dissolved Solids (mg/l) 273 pH 7.8 Mbagathi River at Ongata Rongai Oil/Grease (mg/l) 0.088 Total Suspended Solids (mg/l) 10 Total Dissolved Solids (mg/l) 265 pH 7.9 Kiserian River Bridge Oil/Grease (mg/l) 0.236 Total Suspended Solids (mg/l) Nil Total Dissolved Solids (mg/l) 683 pH 8.0 Ngong River on Mombasa road bridge Oil/Grease (mg/l) 0.116 Total Suspended Solids (mg/l) 10 Total Dissolved Solids (mg/l) 498 pH 8.1 Athi River at Athi River bridge Oil/Grease (mg/l) 0.148 Total Suspended Solids (mg/l) 60 Total Dissolved Solids (mg/l) 317 pH 8.2

Source: MRTS Feasibility Study Report

3.2.4 Water Supply

The Metropolitan area is endowed with various water resources including surface and ground water sources in streams as described above. The surface water streams rises from the highlands on the Ministry of Nairobi Metropolitan Development Page 35 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project west flowing towards the east traversing the metropolitan area. The water quality situation in these streams has created notable ecological conflicts downstream with social and economic activities that seem to convert the rivers to pollution sinks and transport media. Water quality in these rivers is increasingly getting worse rendering it unsuitable for human use.

Other common resources include;

(i) Surface water sources other than those traversing the metropolitan, mainly river Muranga, Kiambu and Aberdare (ii) Ground water with boreholes in various locations on private institutional and public premises supplying to compensate the shortfall (iii) Rain water harvesting in a few premises, though this potential has not been fully exploited,

The responsibility of managing water in the country was decentralized from the central government to manageable units following the enactment of Water Act of 2002 which established Water Resources Management Authority (WRMA) The provision of water services was decentralized and responsibility of water resources is managed by various Water boards. Water resources in Nairobi and its surroundings are managed by Athi Water Services Board, which delegate water provision to several Water Service Providers (WSPs).

In the central zone, and in parts of the southern and western zones, water is provided by the Nairobi Water and Sewerage Company( NWSC) which falls under the Athi Water Service Board. The Northern zone and parts of western corridors are supplied by the Thika Water and Sewerage Company THIWASCO and Ruiru Water Company. Mavoko and Kitengela and the Athi River areas is supplied by the Mavoko Water and Sewerage Company (MAVWASCO) whereas Ngong and Kajiado are supplied form Oloolaiser Water & Sewerage Company.

Other areas are supplied as follows;

(i) Nairobi city and neighbourhoods supplied from Sasumua Dam, Kikuyu Springs and Thika Dam. Ground water is also abstracted at institutional and public levels (ii) Thika and surrounding supplied from Chania river while a notable consumers abstracts directly from ground water and surface water sources, (iii) Juja and neighbourhoods from Ndarugu river, (iv) Kiambu supplied from the Sasumua pipeline serving Nairobi city, (v) Ruiru Municipality abstracting water from Ruiru river, (vi) Githunguri town and surroundings’ served from Komothai river, (vii) Kikuyu and its surrounding served from Kikuyu Springs. (viii) Ngong and its surroundings including Ongata Rongai and Kiserian towns are served from boreholes and springs streams (Olooleiser Water and Sewerage Company) (ix) Mavoko Township and the surroundings get water from the Nairobi Water Supply system while a section obtains their water from the Nol Turesh Water Pipelines. There are also boreholes (Mavoko Water and Sewerage Company, (x) Kajiado town and surroundings gets water from boreholes while a sections obtains from the Nol Turesh Water System, (xi) Machakos and its surroundings is served from Marumba Dam, Nol Turesh Water Systems and boreholes under Machakos Water and Sewerage Company (xii) Kangundo and Tala are served from boreholes and springs

All through the region the residents complain of irregular supplies of water occasioned by rationing especially during the dry seasons of the year or during drought as happened in 2008 to 2009. To cushion the water shortages most residents resort to private boreholes, water associations and project, rivers and shallow wells that needs intervention as is the desire of the project. This provides a justification of the linkages in water and sanitation interventions.

3.2.5 Air Quality

Air pollution is influenced by traffic flow in the northern zone while the southern zone it is determined by a combination of traffic flows and industrial activities in Nairobi’s Industrial area, Mombasa road corridor and Athi River area. Residential areas do not have significant effects to air quality. The common air pollutants include carbon monoxide, nitrogen oxide, sulphur dioxide, lead and particulate matter (PM). The Nairobi Metropolitan area does not have any regular air quality management system yet and any measurements of air pollution have been done on an ad-hoc basis, i.e. on need basis by different players.

Areas with high vegetation cover (northern zone) and less traffic congestion are expected to have cleaner air. These include Thika, Ruiru, Limuru and Kiambu. Limuru road and Kiambu road which share Karura forest Ngong as well as Karen area, which take advantage of the forest cover.. Kajiado, Machakos and Kangundo areas also has fresher air due to the high dispersal from windy conditions. Dust emissions from sub-project implementation activities, waste management and machinery discharges are among major points relating to air quality changes within the project areas. Sample air quality from samples along main road corridors across the Metropolitan shows that while other typical emissions (SOx NOx and CO2 are relatively low outside the central zone, levels of particulate matter (dust and suspended solids are notable (see Table below). This is an indication of the high number of infrastructure projects including roads works and construction activities.

Table 4: Air Quality Results

Location Air Quality Measurements (Concentration Levels) 20m from the road

SO2 ppm NOX ppm CO2 % Vol. CO ppm PM10 mg/m3 Muthaiga Roundabout ND 0,005 0.05% ND 0.03

Thika at Thika highway ND ND 0.025% ND 0.03 interchange Forest Road at Limuru ND ND 0.5% ND 11.05 road junction Tigoni Shopping Centre ND ND ND ND ND Nyayo Stadium ND ND 0.05% ND 0.2 Roundabout Lukenya Plains at Athi ND ND 0.05% ND 0.01 River bridge *TLV 0.191 ppm 0.5 ppm 0.1% 50 ppm 10 mg/m3

Source: MRTS Feasibility Report ND – Not Detectable

3.2.6 Geology and Soils

Geology Basanites of which are volcanic are the most common rock types at Ngong, Kiserian and Matasia and are generally overlain by nephrites. The soils in Ngong, Kiserian and Matasia are mainly clay and sandy loams, friable, well drained and of high fertility with good potential for agricultural production. The soils in both Matasia and Ngong are fit for agricultural use. Mbagathi phonolitic trachyte rocks found mainly near Mbagathi River are encountered in Karen areas and parts of Ngong. The rocks on the Nairobi Core area mainly comprise of a succession of lavas. The soils of the Nairobi area are products of weathering of mainly volcanic rocks. Weathering has produced red soils that reach more than 50 feet (15m) in thickness.

Soils Soils in Machakos district are in general a moderate to high fertility while the dominant soils of the upland areas are relatively low fertility. Generally, the soils in this area have a variable fertility, especially on the hills. On the foot slopes of the hills, the soils have an increase in clay depth and have a moderate low fertility. Over the Athi plains, the soils are black to dark grey clays (grumosolic) comprising black cotton soils with calcareous and non-calcerous variants. These soils mainly overlie the Nairobi and Kapiti phonolites, both lava formed impermeable strata over which ill- drained soils in the Ngong area would also form under similar conditions due to poor drainage. Shallow stony soils with rock outcrops also characterize the area. Reddish-brown sandy clay loams occur in pockets and bands in the Athi River area overlying a tuff bed.

Soils in Kiambu district is characterized by soil on volcanic foot ridges. These are soils of moderate to high fertility and are found in parts of Kiambu division and parts of kikuyu and Limuru divisions. They are well-drained gray/red in color to dark brown friable clays. These soils cover the coffee zones where the major cash crops like coffee tea and pyrethrum are grown. Crops such as cabbages, tomatoes and carrots are grown. The soils in Kajiado district including the Ngong hill and the Kitengela game conservation area are composed of sediments from the tertiary volcanic rocks washed down the eastern slope of Rift Valley escarpment and relatively low fertility.

Ruiru-Thika areas are characterized with shallow, yellow red, friable clays overlying a laterite horizon. They usually show a low humus layer overlying friable clay passing downwards into massive laterite and represent soil with slight seasonal impeded drainage. Some rocks were noted exposed due to construction works on Thika road range from volcanic tuffs, phonolites and trachytes. Some of these tuffs are used for commercial purposes especially in Thika where there are several companies using them. Around Clayworks area, red soils are used in the construction industry and a thick layer of red soils is also very common in Kiambu. In the Kangundo and Machakos areas the soil is used for bricks making.

3.2.7 Climatic Conditions

Rainfall, temperature, and winds are the principal climatic factors that serve to transport, disperse various forms of pollution into the atmosphere and on the ground. The area has a temperate tropical climate with two rainy seasons. Highest rainfall is received between March and April and the short rainy season is between October and December. The mean annual rainfall ranges between 850 – 1,050mm. The mean daily temperature ranges between 12oC and 26°C. It is usually dry and cold between July and August, but hot and dry in January and February. The mean monthly relative humidity varies between 36% and 55%. The mean daily sunshine hours varies between 3.4 and 9.5 hours. The cloudiest part of the year is just after the first rainy season, when, until September, conditions are usually overcast with drizzle.

Thika and Ruiru have a bimodal rainfall patterns with long rains occurring in the months of March and May and short rains in the months of October and November. The area is semi-arid region and receives low rainfall ranging from 116mm to 965mm. Thika district has a mean temperature of 20ºC with coldest months being June, July and August. The hottest months are February, March and April. Temperatures also vary during the year with a mean minimum of 8ºC and a mean maximum 30oC.

Kajiado district and the general area, short rains occur between October and December while the long rains occur between March and May. The coolest period is between July and August while the hottest months are from November to April. Machakos district has the short rain season starts at the end of October and lasts till December while the long rain season starts at the end of March and continues up to May. The annual average rainfall ranges between 500mm in lowland area to 1,300mm in the high altitude areas of Matungulu, Kangundo and Central divisions.

3.2.8 Biodiversity

Most of the biodiversity within the Central Business District (CBD) has been lost through social and economic development. The upper hill and Kilimani/Lavington areas of the city formerly the leafy suburbs and indeed most areas in the western and northern zones, the biodiversity has been altered to pave way for development of high-rise commercial and residential buildings. However live fences and hedges are notable accompanied by various species of exotic and ornamental trees and shrubs. Various types of plant and animals exist on the northern zone ranging from natural forests, planted vegetations mostly in private land, tea and coffee bushes and other agricultural vegetation. Several rivers and wetlands also exist. Karura forest that is crossed by both Kiambu road and Limuru road influences the vegetation species along the northern corridor. Among the key features, include the following;

The Nairobi National Park Nairobi National park is located about 7km from the Nairobi's City centre. It borders the South Kapiti plains and Kitengela Migration Corridor. The park covers an area of 117.21km2 and altitude ranges between 1,533m a.s.l. and 1,760m a.s.l. It has a diverse range of habitats and species. The park's predominant environment is open grass plain with scattered Acacia bushes. The western uplands of the park have highland dry forest with stands of Olea africana, Croton dichogamus, Brachylaena hutchinsii, and Calodendrum. The lower slopes of these areas are grassland, with Themeda, Cypress, Digitaria, and Cynodon species found in these grassland areas. There are also scattered yellow-barked Acacia xanthophloea. There is a riverine forest along the permanent river in the south of the park. The park has a large and diverse wildlife population, which include buffalo, baboon, black rhinoceros, zebra, cheetah, hippopotamus, leopard, lion, gazelle, eland, impala, giraffe, ostrich, vulture, and waterbuck and also a variety of birds.

Ngong Forest Sanctuary Ngong Forest Sanctuary is 6km from Nairobi’s city centre. The Ngong Forest Sanctuary comprises 538ha. of forest, 80% indigenous forest and the rest exotic Eucalyptus plantations, located within the larger Ngong Road Forest Reserve. It is home to over 120 bird species, over 35 mammals and numerous insects, reptiles, amphibians and fish.

Nairobi Arboretum The Nairobi Arboretum covers some 70 acres, lying between State House Gardens and the Kirichwa River in Kileleshwa. It has a large collection of trees and shrubs from the tropics. Indigenous trees in the arboretum are Brachylaena huillensis, Podocarpus falcatus and Markhamia

Ministry of Nairobi Metropolitan Development Page 39 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project lutea and Croton megalocarpus. There are some monkey species also found in the area and a variety of birds.

Ol Donyo Sabuk The Ol Donyo Sabuk national park is located in the southern corridor. The ecosystem constitutes a mountain which is entirely covered with dense mountains. Buffalo are the dominant animals others include bushbuck, leopard, olive baboon, Columbus monkeys, velvet monkey, bush pig, reedbuck, bush-baby, porcupine, mongoose, python and monitor lizard. The park is home to 45 species of birds which include sparrows dove, eagle, and guinea fowls.

Karura Forest Karura Forest is situated within 5km from the city centre off the Thika – Nairobi Highway along Kiambu Road. The forest spanning for a couple hundred hectares is a unique features where significant efforts by conservation groups have been invested. Like the Nairobi Arboretum, Karura Forests has special features including plant species and small wildlife species. The forest also influences the local climatic conditions as well as natural vegetation. It is, however, being encroached upon by human developments including settlements and institutional facilities.

3.3 Social and Economic Setting

3.3.1 Location

The Nairobi Metropolitan consists of four zones namely Northern, Southern, Eastern and Central. The administrative units under the Nairobi Metropolitan Zones are as represented in the table below;

Table 5: Administrative Units of the Metropolis Zones Proposed Counties under the Current administrative district units new constitution Central Nairobi Embakasi, Kasarani, Makandara, Langata, Dagoretti, Westlands, Kamukunji Eastern Machakos Masinga Yatta Kangundo Machakos Northern Kiambu Kiambu East Kiambu West Thika Southern Kajiado Kajiado Loitokitok Kathiani Athi River

3.3.2 Population Distribution and Settlement Patterns

The Nairobi Metropolitan Area is composed of four counties namely Nairobi, Machakos, Kiambu, and Kajiado. The total population of the NMR is estimated to have increased from 4.85 million in 1999 to 6.7 million in 2009 at an average annual growth rate of 3.3%. The density of population in the NMR stood at 207 persons per sq. km. in 2009. The population share of the NMR to the total population in Kenya is estimated to have increased from 16.9% in 1999 to 23% in 2010. The population of Nairobi central zone was 3.1 million 2000 and accounted for 64% of the total population of the NMR. The population of each of these Counties is as presented in the figure below as reported from the National Population Census report of 2009:

Figure 2: Population by Counties in 2009 Ministry of Nairobi Metropolitan Development Page 40 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project

Source: National population Census Report (2009)

Nairobi central zone is dominated by apartments and as well as big bungalows type housing while the rest of the NMR is characterized by low rise residential developments. In addition, there are slums in the heart of the city of Nairobi. Nairobi and NMR have low household size of 3.2 and 3.4 as compared to the country’s average household size of 4.4

3.3.3 Land Tenure and Land Use

Three land ownership systems exist in the Nairobi metropolitan area. These include government (central government/local government land), privately owned (institutional, individual and societies/company) land and communal/trust land (land held in trust by county councils for communities). Land sizes vary from one metro to another depending on population density. In the central zone of Nairobi districts, land has been sub-divided into plots ranging from below an eight to over one acre depending on use and location.

In the northern zones of Kiambu and Thika districts, land has been subdivided into small pieces except in large scale coffee and tea farms as well as society/cooperative areas and lowland zones of Thika district. The Eastern (Machakos, Kathiani, Athi River and Kangundo districts) and Southern zones (Kajiado and Loitokitok districts), land sizes are relatively average in the rural setting while in the urban setting, land has been sub-divided into plots. In limited cases, there are large tracts of land including cooperative/society and individual ranches.

3.3.4 Encroachments Status

Demand for land in the City of Nairobi and most other parts of the Metropolitan are increasingly exposing public land to possible encroachments. The tendency is not confined in any particular social class or region, but affects all areas where public land (road reserves, public schools, forests and conservation areas, riverine riparian areas, rail road reserves and institutional premises) is found. The level of encroachments cannot be described in one statement, but rapid observations illustrates among other features kiosks, settlements, waste dumping, building structures and garages among others. Recent events in parts of Nairobi are evidence of how serious encroachments onto public land has become.

In view of the above situation, all space intensive sub-projects established under NaMSIP should undergo collaborated assessment and appropriate mitigation mechanisms established to minimize potential conflicts with landowners and land use features. Among the areas of focus include the City Ministry of Nairobi Metropolitan Development Page 41 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project of Nairobi, development along the major road corridors (Thika highway, Mombasa road, Naivasha road, Langata road, Ngong road and Kangundo road among others. NaMSIP has a Resettlement Policy Framework which follows World Bank Operational Policy OP 4.12 – Involuntary Resettlement, and the Government of Kenya laws on land acquisition and compensation. In cases of difference between the two, OP 4.12 prevails.

3.3.5 Land Use

Land use structure of the various urban centres of NMR, show that each town has some portion of land under agricultural use which if required can be utilised for further development of the towns. Another striking feature revealed in the land use distribution is the fact that apart from Machakos, all other towns have very less recreational spaces.

It is noted that most local authorities including the City of Nairobi have not strictly enforced the physical planning and land use policies and regulations. As such, there is no clear definition of the type of development or land use, a situation that lead to mixed land use patterns in most places. This situation is more pronounced in urban areas and transition areas where developers are continually changing land use from either agricultural to settlement, institutional and commercial use. The proposed sub-projects, therefore, should be well screened such as to avoid conflicts with the other land use features, ultimately setting a leadership forum for the enforcement of physical planning and land use regulations.

Local Authorities are expected to implement some of the sub-projects under NaMSIP and therefore, would be expected to guide on projects and site selections criteria that take into account physical planning and land use plans.

3.3.6 Income and Poverty Levels

Poverty levels in the Nairobi Metropolitan area vary from within individual zones and from one zone to another. In the central zone, 48% of the population lives below the poverty line. The poor are confined into living in slums and peri-urban areas. 28% of the population in the northern zone is poor while in the southern and eastern zones, poverty levels are relatively high 52% and 61% respectively. The table below analyses poverty aspects outside the Nairobi central zone

Table 6: Poverty Indicators outside the Nairobi Central Zone

District Absolute Contribution To Urban Poor Rural Poor Food Poverty Poverty (%) National Poverty Kajiado 52 0.45 39.4 42.7 40 Machakos 60.7 4.7 43.1 59.6 54 Kiambu 21.6 1.48 48 25.1 25.1 Thika 36.6 1.5 39 35 1.9

The NaMSIP projects will aim at reducing poverty levels through increased incomes in and beyond areas where they will be implemented. This will be realized through direct and indirect employment creation as well as advantageous opportunities arising from implementation of the NaMSIP project.

3.3.7 Economic Activities

The economy of Nairobi Metropolitan area ranges from the modern formal sector that includes wages and salaried employment in the private and public sectors to the informal sector including farming, retail trade activities that are mostly prevalent in the low class estates and consist of petty trade (Green groceries, “juakali”, hawking). Hawking of various merchandise along the main roads and on bus stops selling such goods as milk collected from local sources and dairies is common. The main economic activities on each set-up are as follows:

Table 7: Notable Economic Activities

Set-up Specific areas Economic activities

Urban Nairobi CBD and its suburbs as well as . Informal and formal Employment commercial centres along each road . Manufacturing corridor . Services . Trade Rural Between: . Kisaju and Kajiado, . Agriculture notably crop growing and . Mavoko and Machakos pastoralism . Ruai and Tala then Kangundo . Informal employment . Ruiru-Thika . Business . Karura and Kiambu . Quarrying and sand harvesting . Uthiru and Kimende . Services (e.g. schools) . Ngong-Kiserian then Isinya

The Central zone is the commercial and business hub of Kenya where businesses, industries and commercial businesses dominate. The Northern zone is dominated by farming and supplies Nairobi with almost all her food requirements especially fresh foods. In addition, there is also quarrying. However, in the commercial towns of Thika and Kiambu among others, commercials and industries are quite evident.

In the Eastern zone, the main economic activities is farming (subsistence crop growing and livestock keeping) dotted with heavy industries mostly located in Athi River town and, businesses in the commercial centers Machakos, Athi River and Kangundo among others. Other activities include quarrying. Southern zone main economic activity is livestock keeping while crop growing takes a lesser portion. Other economic activities include industries and commercial businesses mostly located in the urban centers of Kitengela, Kajiado, Ngong and Loitokitok.

The NaMSIP projects will enhance economic activities within the NMR by easing transport and access to goods and services. It will also, facilitate access to and increase per capita, social facilities thereby enabling more people to access and enjoy facilitate.

3.3.8 Infrastructure

The Nairobi metropolitan area has three main types of transport infrastructure. These include Roads, Railway and air. In NMR, the road system is the most predominant. While orbital roads are missing, NMR road network takes a radial pattern where Nairobi City is the focus with a total of 9 radial roads. This has led to concentration of activities within and intense traffic to and from the city. The main radial roads across Nairobi are Nairobi-Thika Road (A-2), Nairobi-Eldoret-Uganda) (A- 104) and Nairobi-Mombasa (A109) which area also important international trunk roads carrying large volume of traffic. The major concentration of people and activities are along these road corridors. Traffic of the regional towns is characterised by high intensity of walk trips, long trip lengths by vehicles, high share of work trips and high dependence on public transport modes, primarily the matatus (mini buses and light vehicles). In addition, there are light transport means including motor bikes, bicycles and donkeys as well as pedestrian walking – commonly known as Ministry of Nairobi Metropolitan Development Page 43 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project route eleven. The Nairobi metropolitan area is fully covered by all service providers including Telkom, Safaricom and Airtel and Cyber cafes are common in the urban areas.

The extent of coverage of each of these transport infrastructures is presented in the figure below:

Figure 3: Transport infrastructures Metropolitan

Source: District Development Plans

3.3.9 Socio-cultural Profile

The central zone is a cosmopolitan and multicultural area as reflected in the numerous major ethnic groups (the Luhya, Luo, Kikuyu Indians and Europeans), and worship facilities including churches, mosques, temples and gurdwaras

In all the other three zones (Northern, Southern and Eastern), the towns are characterized with cosmopolitan socio-cultural profiles while the rural have distinct cultures where traditional believes and practices dominate. The northern zone is dominated by the Kikuyu ethnic group, the southern by the Masai and Eastern by the Kamba.

Chapter 4: Policy and Legal Framework

4.1 National Policies

Recent policy and legislative developments have been substantially directed at redefining the role of the state with separation of policy and regulation (state responsibility) from implementation (private sector and/or statutory bodies). At the same time, there has also been movement to redefine the role of the state vis-à-vis the individual and/or community groups. The new constitution and policies such as the National Land Policy have considerably strengthened the community rights. This is critically important as developments such as the proposed project components can create social conflicts with the affected communities or individuals effectively delaying the project. This implies a need to engage the affected communities from the earliest stages of project planning.

4.1.1 The Constitution of Kenya

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 (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 (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 sub-project should ensure compliance with the constitution in so far as equitable sharing of the resources, between the stakeholders. Further, the project should ensure the sustainability of livelihoods and biological resources within the project areas are protected. Any development proposals should also be

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4.1.2 Kenya Vision 2030

Kenya Vision 2030 is the current national development blueprint for period 2008 to 2030 and was developed following on the successful implementation of the Economic Recovery Strategy for Wealth and Employment Creation which saw the country’s economy back on the path to rapid growth since 2002. GDP growth rose from 0.6% to 7% in 2007, but dropped to between 1.7% and 1.8% in 2008 and 2009 respectively. The objective of the vision 2030 is to transform Kenya into a middle income country with a consistent annual growth of 10 % by the year 2030”. The 2030 goal for urban areas is to achieve “a well-housed population living in an environmentally-secure urban environment.” This will be achieved by bringing basic infrastructure and services namely roads, street lights, water and sanitation facilities, storm water drains, footpaths, and others.

One of the aims of the vision is to make Kenya to be a nation that has a clean, secure and sustainable environment by 2030. This will be achieved through promoting environmental conservation to better support the economic pillar. Improving pollution and waste management through the application of the right economic incentives in development initiatives is critical. The current land use practices in the country are incongruent with the ecological zones. For instance, large portions of land in high potential areas have been subdivided into uneconomic parcels, while some parts of land in the medium and low potential areas are rapidly being converted into agriculture, despite the fragile environment they are located in.

4.1.3 Nairobi Metro 2030

Nairobi Metro 2030 was developed in the year 2008 to provide a guide for the NMR play its role in the National growth strategies under the Kenya Vision 2030. It is a transitional document that brings into focus challenges faced under urban growth and development. The document provides forum to achieve sustained rates of economic growth necessary for successful economic and social development. The Metro 2030 provides links with the Central Government through Kenya Vision 2030 and other development plans as well as seeking to strengthen the Local Authorities as part of the devolvement of power and recognizing need for ensuring efficient and effective management of resources at the grassroots.

Nairobi Metro 2030 carries the vision for Nairobi Metropolitan Region to be a World Class African Metropolis supportive to the overall national agenda under the Kenya Vision 2030. The agenda to achieve this vision is the need to enhance mechanisms for economic growth, employment creation, improved lifestyles and improved infrastructure. Success in this regard is expected to show in a number of result areas outlined under the document among them world class infrastructure and utilities.

4.1.4 MoNMED Strategic Plan (2008 – 2012)

The Vision for the Ministry of Nairobi Metropolitan Development is “to make Nairobi Metropolis a globally competitive region for investment and sustainable development” while the Mission is to “facilitate development of sustainable infrastructure and policies for effective and efficient service delivery in the Metropolitan Region” The plan aligned against the Kenya Vision 2030 whose social pillar aims to achieve a just, cohesive and equitable social development in a clean and secure environment, has among main objectives;

(i) Formulate and implement a policy framework for the development of Nairobi Metropolitan, (ii) Develop a world class infrastructure and utilities for the metropolitan region, (iii) Enhance the quality of life and inclusiveness in the metropolitan region.

The Strategic Issue No. 8 addresses the Plan Objective No. 8 (item (iii) above - Enhance the quality of life and inclusiveness in the metropolitan region) whose strategy is to improve the natural environment within the Metropolis). This is perhaps the over-riding strategy guiding environmental and social integration in NaMSIP initiatives. Other issues are various addressed through the Plan Strategic issues such as to cover potential inter-sectoral agencies’ conflicts, security, resources utilization and social infrastructure among others.

4.1.5 The Land Policy (2007)

Environmental management principles: To restore the environmental integrity the government shall introduce incentives and encourage use of technology and scientific methods for soil conservation and maintain beaches at high and low water mars and put in place measures to control beach erosion. Fragile ecosystems shall be managed and protected by developing a comprehensive land use policy bearing in mind the needs of the surrounding communities. Zoning of catchment areas to protect them from further degradation and establishing participatory mechanisms for sustainable management of fragile ecosystems will also be done. It will also develop procedures for co- management and rehabilitation of forest resources while recognizing traditional management systems and sharing of benefits with contiguous communities and individuals. Lastly all the national parks, game reserves, islands, front row beaches and all areas hosting fragile biodiversity are declared fragile ecosystems.

Conservation and sustainable management of land based natural resources: The sustainable management of land based natural resources depends largely on the governance system that defines the relationships between people, and between people and resources. To achieve an integrated approach to management of land based natural resources, all policies, regulations and laws dealing with these resources shall be harmonized with the framework established by the Environmental Management and Coordination Act (EMCA),1999.

The new land policy has a vision of ‘efficient, sustainable and equitable use of land’. It designates all land in Kenya as Public, Community or Private; ‘Community land’ replaces the Trust Land category. It also recognizes and protects customary land rights. Recognition of community land (formally trust land under a County Council control) is provided under section 66(d) (ii) for restitution of illegally acquired as part of trust land to the affected communities and (v) for governing community land transactions using participatory processes.

Some key relevant issues;

(i) The exercise of (these) powers (compulsory acquisition and development control) should be based on rationalized land use plans and agreed upon public needs established through democratic processes (Section 43), (ii) Ensure that the exercise of development control takes into account local practices and community values on land use and environmental management (Section 51(f)), (iii) Ensure effective public participation in the exercise of development control (Section 51(g)),

(iv) Strategies for sharing benefits should be developed taking into account the nature of the resources involved and the contribution that diverse actors make to the management of the resources (Section 98).

The policy also addresses land management. Key issues include Section 3.4.3.2 – ecosystem protection (including wetlands). Measures for protection are required 134 – fragile ecosystems to be managed and protected. 136 – Protection of watersheds, lakes, drainage basins & wetlands shall be guided by among other principles prohibition of settlement and agricultural activities in the water catchment areas, identification, delineation and gazettement of all water courses and wetlands as well as integrated resource management based on ecosystem structure.

4.1.6 National Environmental Action Plan

According to the Kenya National Environment Action Plan (NEAP, 1994) the Government recognized the negative impacts on ecosystems emanating from economic and social development programmes that disregarded environmental sustainability. In this regard, establishment of appropriate policies and legal guidelines, as well as harmonization of the existing ones, has been accomplished, while some others are in the process of development. Under the NEAP process EIA was introduced and among the key participants identified were the institutions dealing with water resources management. Chapter 4 subsection 4.1.3, the NEAP report recommends that EIA be made a pre-condition for approval of all projects as well as post investment impact assessment for all related operations.

4.1.7 Sessional Paper No. 6 of 1999 on Environment and Sustainable Development

Among the key objectives of the Sessional Paper No. 6 of 1999 on Environment and Sustainable Development (1993) include ensuring that development policies, programmes and projects take environmental considerations into account, ensuring that an independent environmental impact assessment (EIA) report is prepared for any development before implementation and to ensure that effluent treatment standards that conform to acceptable health standards. This paper provided the basis for the environmental Policy framework that is in the process of formulation. Under this paper, broad categories of development issues have been covered that require sustainable approach. These issues include the waste management and human settlement sectors. The paper recommends the need for enhanced re-use/recycling of residues including wastewater and increased public awareness raising and appreciation of clean environment as well as the participation of stakeholders in the management of wastes within their localities. Regarding human settlement, the paper encourages better planning in both rural and urban areas and provision of basic needs such as water, drainage and waste disposal facilities among others for decent housing of every family.

4.1.8 Forest Policy

Forests provide timber, energy, food and medicines, conservation of biodiversity, and protection of the key watersheds for water supply. The Sessional Paper No. 9 of 2005 on Forest Policy provides guidance on the sustainable management of forests, in the face of increasing pressure on the forests. It covers indigenous forests, farm forestry, industrial forestry, and dry land forestry. The overall goal is enhanced contribution from the forest sector in the provision of economic, social and environmental goods and services. Specific objectives include poverty reduction, employment, improved livelihoods, sustainable land and water management, the participation of the private sector and communities in forest management, promotion of farm forestry and dry land forestry, extension and research. Key shifts from past policy include:

(i) A commitment to expanding the forest area to at least 10% of the country (ii) A focus on sustainable management rather than utilization (iii) Encouragement to the private sector to invest in commercial forest activities (iv) Empowerment of local communities to participate in forest management (v) Increased support to farm forestry (vi) Promotion of indigenous species as opposed to exotics (vii) Increased attention to dry land forests and woody vegetation (viii) Allowing the free market to determine prices for forest products (ix) Improvements in and regulation of charcoal production (x) Promotion of non-timber forest products (xi) Forest sector legal reforms, to strengthen the legal framework, incorporate the above aspects (e.g. participation of communities and the private sector), and allow forest department management outside of gazetted areas (xii) Improved governance, notably the creation of the semi-autonomous Kenya Forest Service (KFS) (xiii) Recognition and protection of traditional forest user rights

4.1.9 The National Biodiversity Strategy, 2007

The overall objective of the National Biodiversity Strategy and Action Plan (NBSAP) is to address the national and international undertakings elaborated in Article 6 of the Convention on Biological Diversity (CBD). It is a national framework of action to ensure that the present rate of biodiversity loss is reversed and the present levels of biological resources are maintained at sustainable levels for posterity. The general objectives of the strategy are to conserve Kenya’s biodiversity to sustainably use its components; to fairly and equitably share the benefits arising from the utilization of biological resources among the stakeholders; and to enhance technical and scientific cooperation nationally and internationally, including the exchange of information in support of biological conservation.

4.1.10 National Policy on Water Resources Management and Development

The National Policy on Water Resources Management and Development (Sessional Paper No. 1 of 1999) was established with an objective to preserve, conserve and protect available water resources and allocate it in a sustainable rational and economic way. It also desires to supply water of good quality and in sufficient quantities to meet the various water needs while ensuring safe disposal of wastewater and environmental protection. The policy focuses on streamlining provision of water for domestic use, agriculture, livestock development and industrial utilization with a view to realizing the goals of the Millennium Development Goals (MDGs) as well as Kenya Vision 2030. To achieve these goals, water supply (through increased household connections and developing other sources) and improved sanitation is required in addition to interventions in capacity building and institutional reforms.

While the National Policy on Water Resources Management and Development (1999) enhances a systematic development of water facilities in all sectors for promotion of the country’s socio- economic progress, it also recognizes the by-products of this process as wastewater. It, therefore, calls for development of appropriate sanitation systems to protect people’s health and water resources from institutional pollution. Development projects, therefore, should be accompanied by corresponding waste management systems to handle the wastewater and other waste emanating there from. The same policy requires that such projects should also undergo comprehensive EIAs that will provide suitable measures to be taken to ensure environmental resources and people’s

Ministry of Nairobi Metropolitan Development Page 49 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project health in the immediate neighbourhood and further downstream are not negatively impacted by the emissions.

4.1.11 Wildlife Policy

The current wildlife policy and act are over thirty years old and are currently being reviewed. A new draft policy and act is expected by the end of 2008. Until this is approved, and legislation enacted, wildlife is governed by the existing policy and act. The main objective of wildlife policy in the past was preservation of as many animals as possible. The policy promoted a secure export market for products of consumptive wildlife utilization (sports hunting, sale of meat, skins and trophies), that would not be closed through “preservationist” pressure by overseas governments and firms. The responsible agency is the Kenya Wildlife Service, which is currently administratively responsible to the Ministry of Tourism.

Sessional Paper No. 3 of 1975, Statement on Future Wildlife Management Policy in Kenya, The Government’s basic policy objectives with respect to wildlife are stated in the Sessional Paper No. 3 of 1975. These include identifying the best land uses (or combinations of uses) for specific areas of land, in terms of their land and short run benefits to people, ensuring implementation of those uses and ensuring a fair distribution of benefits of those uses. The Sessional Paper underlines the fact that 5% of Kenya’s area, under exclusive wildlife use, promises the highest returns, mainly from the tourist industry and by maintaining examples of the main types of habitants found in the country. The Government declared such areas as National Parks, National Reserves, or County Council Game Reserves. It also allocated financial and human resources necessary to ensure that their potentials are achieved. The Paper further observes:

(i) Maximum returns from 80% of the land can only be secured through proper utilization of wildlife in combination with other forms of land use mainly ranching and forestry. (ii) Wildlife management is important even in areas suitable for high-density arable agriculture, where the policy aims at efficiently minimizing damage to crops by wild animals. This area may, of course expand, with the introduction of new crops or extension of irrigation schemes in the drier areas. (iii) The main future emphasis of wildlife policy will be upon finding means to secure optimum returns from the wildlife resources for the benefit of landowners and the nation generally. Policing and control activities, directed to preservation of wildlife, ceased to be the main content of policy but to continue as important components.

4.1.12 The National Poverty Eradication Plan (NPEP) and the Poverty Reduction Strategies Paper (PRSP)

The objective of the NPEP is to reduce the incidence of poverty in both urban and rural areas by 50% by the year 2015 as well as strengthening the capabilities of the poor and the vulnerable groups to earn income. Also it aims to narrow gender and geographical disparities and create a healthy, better educated and more productive population. The plan has been prepared in line with the goals and commitment of The World Summit for Social Development (WSSD) of 1995 and focuses on the four WSSD themes of poverty eradication, reduction of unemployment, social integration of the disadvantaged people and creation of enabling economic, political, and cultural environment. This plan is to be implemented by the Poverty Eradication Commission (PEC) formed in collaboration with government ministries; community based organizations, the private sector, non-governmental organizations, and bilateral and multilateral donors.

The NPEP emphasizes the empowerment of poor people and their communities to better manage their resources for collective advancement. The PRSP has the twin objectives of poverty reduction and economic growth. The paper articulates Kenya’s commitment and approach to fighting poverty, with the basic rationale that the war against poverty cannot be won without participation of the poor themselves. Any development project that incorporates these strategies in its plans is most welcome in Kenya.

Ministry of Nairobi Metropolitan Development Page 51 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project 4.2 Legal Aspects

Table 8: Key Environmental Legal Sections in Kenya

Legal Section Relevant Provisions Compliance Aspects

The Environment Part II of the Environment Management & Coordination Act, 1999 states that This applies in all aspects of the intervention project Management and Co- every person in Kenya is entitled to a clean and healthy environment and has including among others; ordination Act, 1999 the duty to safeguard and enhance the environment. In order to partly ensure this is achieved, Part VI of the Act directs that any new programme, activity or . Social disruption control operation should undergo environmental impact assessment and a report . Waste management prepared for submission to the National Environmental Management Authority . Effluent discharge practices (NEMA), who in turn may issue a license as appropriate. . Aerial emissions, . Excessive noise and vibrations Section 87 sub-section 1 states that no person shall discharge or dispose of any . Excavations and soil loss wastes, whether generated within or outside Kenya, in such a manner as to . Adverse interference with natural resources cause pollution to the environment or ill health to any person, while section 88 including wetlands and water resources. provides for acquiring of a license for generation, transporting or operating waste disposal facility. According to section 89, any person who, at the commencement The project cycle should ensure compliance with this of this Act, owns or operates a waste disposal site or plant or generate statute all the time hazardous waste, shall apply to the NEMA for a license. Sections 90 through 100 outline more regulations on management of hazardous and toxic substances including oils, chemicals and pesticides.

Finally, the environmental impact assessment guidelines require that study be conducted in accordance with the issues and general guidelines spelt out in the second and third schedules of the regulations. These include coverage of the issues on schedule 2 (ecological, social, landscape, land use and water considerations) and general guidelines on schedule 3 (impacts and their sources, project details, national legislation, mitigation measures, a management plan and environmental auditing schedules and procedures. Environmental Water Quality Management Regulations, 2006 (Legal Notice No. 120) Management Regulations Applies anytime there is a discharge of effluent into These regulations were drawn under section 147 of the Environmental the environment without meeting the established Management and Coordination Act 1999. In accordance with the regulations, standards. This requires all time compliance through every person shall refrain from acts that could directly or indirectly cause the project cycle. immediate or subsequent water pollution and no one should throw or cause to flow into water resources any materials such as to contaminate the water. The regulation also provides for protection of springs, streams and other water sources from pollution. Waste Management Regulations, 2006 (Legal Notice No. 121)

The regulations are formed under sections 92 and 147 of the Environmental Will apply on disposal of solid wastes into the Management and Coordination Act, 1999. Under the regulations, a waste environmental without complying with the established generator is defined as any person whose activities produces waste while waste standards and procedures. Requires all time management is the administration or operation used in handling, packaging, compliance. Ministry of Nairobi Metropolitan Development Page 52 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project Legal Section Relevant Provisions Compliance Aspects

treatment, conditioning, storage and disposal of waste. The regulations requires a waste generator to collect, segregate and dispose each category of waste in such manners and facilities as provided by relevant authorities. Regarding transportation, licensed persons shall operate transportation vehicles approved by NEMA and will collect waste from designated areas and deliver to designated disposal sites. Noise and Excessive Vibration Pollution Control Regulations, 2009

Part II section 3(I) of these Regulations states that: no person shall make or Effects of activities with noise and vibrations in cause to be made any loud, unreasonable, unnecessary or unusual noise which excess of the established standards annoys, disturbs, injures or endangers the comfort, repose, health or safety of others and the environment and section 3(2) states that in determining whether noise is loud, unreasonable, unnecessary or unusual. Part II Section 4 also states that: except as otherwise provided in these Regulations, no person shall (a) make or cause to be made excessive vibrations which annoy, disturb, injure or endanger the comfort, repose, health or safety of others and the environment; or (b) cause to be made excessive vibrations which exceed 0.5 centimeters per second beyond any source property boundary or 30m from any moving source. Air Quality Regulations

Under the general prohibitions (Part II), section 5 states that no person shall act Emitting activities expected to meet the established in a way that directly or indirectly causes immediate or subsequent air pollution. minimum levels in the air, particularly in areas habited Among the prohibitions are priority air pollutants (as listed under schedule 2 of by human being as well as protected areas. the regulations) that include general pollutants, mobile sources and green house gases. Odours are also prohibited under section 9 of the regulations (offensive emissions). Biodiversity Regulations

Part II of Regulations, section 4 states that no person shall engage in any activity Has relevance on activities interfering with natural that may have adverse impacts on ecosystems, lead to introduction of exotic habitats and genetic species therein. species or lead to unsustainable use of natural resources without an EIA license. The regulation puts in place measures to control and regulate access and The affected species need to be identified during an utilization of biological diversity that include among others banning and ESIA process and restoration plan established before restricting access to threatened species for regeneration purposes. It also the sub-project implementation commences provides for protection of land, sea. Lake or river declared to be a protected natural environmental system in accordance to section 54 of EMCA, 1999. The Water Act 2002 Part II section 18 provides for national monitoring and information systems on The statute established to coordinate sustainable water resources. Following on this, sub-section 3 allows the Water Resources utilization of water resources including protection of Management Authority to demand from any person, specified information, the same from pollution and degradation (abstraction, documents, samples or materials on water resources. Under these rules, use and disposal of wastewater thereof) specific records may be required to be kept and the information thereof furnished to the authority on demand. Related water rules should be applied at all times. Water related initiatives should undergo ESIA Section 25 of the Act requires a permit to be obtained for among others any use process/

Ministry of Nairobi Metropolitan Development Page 53 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project Legal Section Relevant Provisions Compliance Aspects

of water from a water resources, discharge of a pollutant into any water resource. According to section 29 of the same Act, application for such a permit shall be subject to public consultation as well as an environmental impact assessment as per the Environmental Management and Coordination Act, 1999. The conditions of the permit may also be varied if the authority feels that the water so used is causing deterioration of water quality or causing shortage of water for other purposes that the authority may consider has priority. This is provided for under section 35 of the Act. Water Rules One of the outcomes of the water sector reforms has been improved regulatory Sets the standard procedures and rules to be framework for water resource management and use. In addition to the Water Act followed in the utilization of water resources including 2002, the main document outlining the regulations is the Water Resource abstraction controls, modes of use and Management Rules 2007. The rules set out the procedures for obtaining water responsibilities in protection of the resources use permits and the conditions placed on permit holders. Sections 54 to 69 of including effluent treatment standards. the Water Resources Management Rules 2007 impose certain statutory requirements on dam owners and users in regard. The rules were established as implementation tools for the Water Act 2002 Other sections within the rules imply that WRMA can impose water quality sampling requirements from the water sources and impacts to the hydrology, water chemistry and river morphology downstream basin. Section 16 of the Water Rules requires approval from the Water Resources Management Authority (WRMA) for a variety of activities that affect the water resources, including the storage of water in dams and pans. Approval by WRMA is conferred through a Water Permit. A permit is valid for five years and must be renewed.

Section 104 of the Water Resource Management Rules requires certain water permit holders to pay water use charges. The intention of the water use charges was to raise revenue for water resource management, raise revenue for catchment conservation activities, improve efficiency of water resource abstraction and provide a system of data collection on water resource usage. Public Health Act Part IX section 115 states that no person shall cause nuisance or condition liable For all projects with direct or indirect implications on to be injurious or dangerous to human health. Section 116 requires Local the health of the workers or the neighbouring Authorities to take all lawful, necessary and reasonably practicable measures to communities. maintain their jurisdiction clean and sanitary to prevent occurrence of nuisance or condition liable for injurious or dangerous to human health. All health and safety measures should be in place to ensure the workers and the neighboring communities Such nuisance or conditions are defined under section 118 as waste pipes, are not exposed to risks sewers, drains or refuse pits in such a state, situated or constructed as, in the opinion of the medical officer of health, to be offensive or injurious to health. Any noxious matter or waste water flowing or discharged from any premises into Public Street or into the gutter or side channel or watercourse, irrigation channel or bed not approved for discharge is also deemed as a nuisance. Other nuisances are accumulation of materials or refuse which in the opinion of the medical officer of health is likely to harbour rats or other vermin.

On the responsibility of local authorities, Part XI section 129 of the Act states in part “It shall be the duty of every local authority to take all lawful, necessary and reasonably practicable measures for preventing any pollution dangerous to health of any supply of water which the public within its district has a right to use and does use for drinking or domestic purposes, and purifying such supply so polluted”. Section 130 provides for making and imposing on local authorities and others the duty of enforcing rules in respect of prohibiting use of water supply or erection of structures draining filth or noxious matter into water supply as mentioned in section 129. Forest Act The Forest Act No7 of 2005 consolidates all forests under the act, and All the projects are geared towards complying with prescribes heavy penalties for damage to forests and trees. Charcoal burning in this law. Complementation of other regulations would a forests or farmlands without a license or permit is an offence. Section 52(1) be necessary. deals with felling, cutting, burning, injuring or removing of any forest produce only cover state, local authority or provisional forest. It sets heavy penalties for The sub-projects have potential to interfere with damaging trees. This will assist farmers in maximizing benefits from growing forested areas calling for restoration measures trees. Section 40(1) of the act sets to ensure that the forest areas under her management are maintained for biodiversity, cultural or recreational use. In addition it protects the concession area from destruction and encroachment by other persons.

Section 41(1) says that all indigenous forests and woodlands shall be managed on a sustainable basis for purposes of, Conservation of water, soil and biodiversity, River line and shoreline protection. Cultural use and heritage. Recreation and tourism, Sustainable production of wood and non wood products, Carbon sequestration and other environmental services Education and research purpose and .Habitat for wildlife in terrestrial forests and fisheries in mangrove forests. The Act puts emphasis on the need to strengthen community- based institutions by creation of Community Forest Associations, which gives the public a greater participatory role to the community in the forest conservation.

Pests Products Control CAP 346, of the act says that no pest control product shall be sold without a May apply in limited aspects of NaMSIP that involve Board label which has been approved by the board. Each label shall show name of biodiversity preservation e.g. vermin control, pest pest control product and a description of its form and name of its active control in public parks development, etc. This is, ingredients, the class designation of the pest control product in capital letters however, and shall be classified as the first schedule, information detailing the nature and degree of hazard identified by appropriate precautionary symbol, information identifying any significant hazards in respect to handling, storage, display and disposal of the pest control product with information that will include instructions respecting procedures to alleviate hazards and when required by the board, instructions respecting decontamination procedures and disposal of the pest control product and the empty package. Pest control product is to be used only In accordance with the directions on the label. It is an offence under the pest control products act to use or store a pest control product under unsafe

conditions The Penal Code (Cap. 63) Section 191 of the Penal Code states that any person or institution that This statute controls public nuisance including safety voluntarily corrupts or foils water for public springs or reservoirs, rendering it less and security from construction activities. fit for its ordinary use is guilty of an offence. Section 192 of the same act says a person who makes or vitiates the atmosphere in any place to make it noxious to health of persons/institution in dwellings or business premises in the neighbourhood or those passing along public way, commit an offence. Land Control Act (Cap. This law provides for the control of transactions in agricultural land, especially The statutes ensure order in the utilization of public 406) the machinery of the Land Control Boards. However of interest in this report is and private land. It serves to protect private land the consideration in granting or refusal of consent by the Board based on the while demanding accountability on public land. impact the transaction is likely to have on the maintenance or improvement of standards of good husbandry within the specific agricultural area.

Government land is land owned by the government of Kenya under the Government Lands Act (Cap. 280). This includes, for example, forests, gazetted national parks and reserves. The Government Lands Act allows the president, through the commissioner of lands, to allocate any un-alienated government land to any individual. In practice, such allocations have often been made without proper regard to social and environmental factors.

Trust land is land held and administered by various local government authorities as trustees under the constitution of Kenya and the Trust Land Act (Cap. 288). National reserves and local sanctuaries as well as county council forest reserves, are in this category. Individuals may acquire leasehold interest for a specific number of years in trust land and can (in theory) be repossessed by the local authorities should the need arise. Local authorities should retain regulatory powers over trust land.

Private land is land owned by private individuals under the Registered Land Act (Cap. 300). On registration as the landowner, an individual acquires absolute ownership on a freehold basis. The use of private land may, however, be limited by provisions made in other legislation, such an Agriculture Act (Cap. 318). For instance, to protect soils the clearing of vegetation may be prohibited or the planting of trees required. Land preservation orders issued by the director of agriculture can cover a whole range of other measures. All private land acquired for the sake of a sub project will have to be compensated for fully as spelt out in the RPF document. Land Acquisition Act This Act provides for the compulsory or otherwise acquisition of land from private Applicable where compulsory land acquisition for ownership for the benefit of the general public. Section 3 states that when the public utilities, Resettlement of PAPs is overseen by Minister is satisfied on the need for acquisition, notice will be issued through the this law among others Kenya Gazette and copies delivered to all the persons affected. Full compensation for any damage resulting from the entry onto land to things such as survey upon necessary authorization will be undertaken in accordance with section 5 of the Act. Likewise where land is acquired compulsorily, full

compensation shall be paid promptly to all persons affected in accordance to sections 8 and 10 along the following parameters;

. Area of land acquired, . The value of the property in the opinion of the Commissioner of land (after valuation), . Amount of the compensation payable, . Market value of the property, . Damages sustained from the severance of the land parcel from the land, . Damages to other property in the process of acquiring the said land parcel, . Consequences of changing residence or place of business by the land owners, . Damages from diminution of profits of the land acquired.

Part II of the Act allows for the temporary acquisition of land for utilization in promotion of the public good for periods not exceeding 5 years. At the expiry of the period, the Commissioner of Land shall vacate the land and undertake to restore the land to the conditions it was before. Any damages or reduction of value shall be compensated to the land owners. Physical Planning Act Section 24 of the Physical Planning Act gives provision for the development of Any intervention sub-project is expected to be local physical development plan for guiding and coordinating development of compatible with the existing physical plans and infrastructure facilities and services within the area of authority of County, approved development and land use municipal and town council and for specific control of the use and development of land. The plan shows the manner in which the land in the area may be used. Section 29 of the Physical Planning Act gives the county councils power to prohibit and control the use of land, building, and subdivision of land, in the interest of proper and orderly development of its area. The same section also allows them to approve all development applications and grant development permissions as well as to ensure the proper execution and implications of approved physical development plans. On zoning, the act empowers them to formulate by-laws in respect of use and density of development.

Section 30 states that any person who carries out development within an area of a local authority without development permission shall be guilty of an offence and the development shall be invalid. The act also gives the local authority power to compel the developer to restore the land on which such development has taken place to its original conditions within a period of ninety days. If no action is taken, then the council will restore the land and recover the cost incurred thereto from the developer. In addition, the same section also states that no person shall carry out development within the area of a local authority without development permission granted by the local authority. At the same time, sub-section 5, re-enforce it further that, no licensing authority shall grant under any written law, a license for commercial use for which no development permission had been granted by the respective local authority.

Section 36 states that if in connection with development application a local Ministry of Nairobi Metropolitan Development Page 57 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project Legal Section Relevant Provisions Compliance Aspects

authority is of the opinion that, the proposed activity will have injurious impact on the environment, the applicant shall be required to submit together with the application an Environmental Impact Assessment report. The environmental impact assessment report must be approved by the National Environmental Management Authority (NEMA) and followed by annual environmental audits as spelled out by EMCA 1999. Section 38 states that if the local authority finds out that the development activity is not complying to all laid down regulations, the local authority may serve an enforcement notice specifying the conditions of the development permissions alleged to have been contravened and compel the developer to restore the land to its original conditions. Local Government Act Part XI section 168 provides that every municipal council, town council or urban Sub-projects have direct linkage with the Local council may establish and maintain sewerage and drainage works within or Government rules and regulations on development without its area of jurisdiction. For purposes of the land required for such and operations. Under the Local Government Act, development, section 144 states in part “A local authority may, subject to the specific Local authorities have established their by- approval of the Minister, apply to the government or any other authority having laws power to acquire land required for purposes of any of its functions, to be acquired compulsorily for and on behalf of, and at the expense of the local authority”.

Section 160 helps local authorities ensure effective utilization of the sewerage systems. It states in part that municipal authorities have powers to establish and maintain sanitary services for the removal and destruction of, or otherwise deal with all kinds of refuse and effluent and where such service is established, compel its use by persons to whom the service is available. However, to protect against illegal connections, section 173 states that any person who, without prior consent in writing from the council, erects a building on; excavate or opens-up; or injures or destroys a sewers, drains or pipes shall be guilty of an offence. Any demolitions and repairs thereof shall be carried out at the expense of the offender.

Section 163 allows the County Council to prohibit all business, which may be or become a source of danger, discomfort, or annoyance due to their noxious nature through smoke, fumes, dust, noise, or vibrations. Section 165 allows the local authority to refuse to grant or renew any license which is empowered in this act or any other written law on the grounds that the activity does not conform to the requirements of any by-laws in force in the area of such local authority the granting of the license would be contrary to the public interest.

Section 170, allows the right of access to private property at all times by local authorities, its officers and servants for purposes of inspection, maintenance and alteration or repairs. In addition, the municipal Council may establish and maintain sewage farms or disposal works, and dispose of the effluent therefrom, but shall not be liable for any nuisance or damage as a consequence of proper and ordinary conduct of the sewage farms or disposal works (section 171). To ensure sustainability in this regard, the local authority is empowered to make by- Ministry of Nairobi Metropolitan Development Page 58 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project Legal Section Relevant Provisions Compliance Aspects

laws in respect of all such matters as are necessary or desirable for the maintenance of health, safety and wellbeing of the inhabitants of its area as provided for under section 201 of the Act.

The Act under section 176 gives power to the local authority to regulate sewerage and drainage, fix charges for use of sewers and drains and require connecting premises to meet the related costs. According to section 174, any charges so collected shall be deemed to be charges for sanitary services and will be recoverable from the premise owner connected to the facility. Section 264 also requires that all charges due for sewerage, sanitary and refuse removal shall be recovered jointly and severally from the owner and occupier of the premises in respect of which the services were rendered. This in part allows for application of the “polluter-pays-principle”.

4.3 World Bank Safeguard Policies Triggered by NaMSIP

4.3.1 OP/BP 4.01 (Environmental Assessment)

The World Bank has well-established environmental assessment procedures, which apply to its lending activities and to the projects undertaken by borrowing countries, in order to ensure that development projects are sustainable and environmentally sound. Although its operational policies and requirements vary in certain respects, the World Bank follows a relatively standard procedure for the preparation and approval of an environmental assessment study, which:

(i) Identifies and assesses potential risks and benefits based on proposed activities, relevant site features, consideration of natural/human environment, social and trans- boundary issues (ii) Compares environmental pros and cons of feasible alternatives (iii) Recommends measures to eliminate, offset, or reduce adverse environmental impacts to acceptable levels (sitting, design, technology offsets) (iv) Proposes monitoring indicators to implement mitigation measures (v) Describes institutional framework for environmental management and proposes relevant capacity building needs.

The environmental assessment evaluates a project's potential environmental risks and impacts in its area of influence; examines project alternatives; identifies ways of improving project selection, siting, planning, design, and implementation by preventing, minimizing, mitigating, or compensating for adverse environmental impacts and enhancing positive impacts; and includes the process of mitigating and managing adverse environmental impacts throughout project implementation. The assessment takes into account: the natural environment (air, water, and land); human health and safety) social aspects (involuntary resettlement, indigenous peoples, and physical cultural resources); and trans-boundary and global environmental aspects. Preventive measures are favoured over mitigation or compensatory measures, whenever feasible. This approach is universally applied in many institutional projects.

The World Bank considers environmental impact assessment (EIA) as one among a range of instruments for environmental assessment. Other instruments used by the World Bank include regional or sectoral environmental assessment, strategic environmental and social assessment (SESA), environmental audit, hazard or risk assessment, environmental management plan (EMP) and environmental and social management framework (ESMF). The Bank undertakes environmental screening of each proposed project to determine the appropriate extent and type of environmental assessment. Proposed projects are classified into one of three categories, depending on the type, location, sensitivity, and scale of the project and the nature and magnitude of its potential environmental impacts:

. Category A: the proposed project is likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented. These impacts may affect an area broader than the sites or facilities subject to physical works. For a Category A project, the Proponent is responsible for preparing an EIA report. . Category B: the proposed project has potential adverse environmental impacts on human populations or environmentally important areas such as wetlands, forests, grasslands, and other natural habitats - but these are less adverse than those of Category A projects. These impacts are site-specific; few if any of them are irreversible; and in most cases, mitigation measures can be designed more readily than for Category A projects. Like Category A the environmental assessment examines the project's

potential negative and positive environmental impacts and recommends any measures needed to prevent, minimize, mitigate, or compensate for adverse impacts and improve environmental performance. . Category C: the proposed project is likely to have minimal or no adverse environmental impacts. Beyond screening, no further environmental assessment action is required for a Category C project.

The NaMSIP project is categorized overall as Category A, while sub-projects may be classified either A or B, depending on their environmental impact, and the level of resettlement. Environmental Assessment is used in the World Bank to identify, avoid, and mitigate the potential negative environmental associated with Bank lending operations. The purpose of Environmental Assessment is to improve decision making, to ensure that project options under consideration are sound and sustainable and that potentially affected people have been properly consulted.

Table 9: OP/BP 4.01 Environmental Assessment

Objectives Operational Principles

To help ensure the Apply the screening process for each proposed project, as early as possible, to environmental and social determine the appropriate extent and type of environmental assessment (EA) so that soundness and sustainability of appropriate studies are undertaken proportional to potential risks and to direct, and, investment projects. Also as relevant, indirect, cumulative, and associated impacts. Use sectoral or regional referred to as scoping. environmental assessment when appropriate. To support integration of Assess potential impacts of the proposed project on physical, biological, socio- environmental and social economic and physical cultural resources, including trans-boundary and global aspects of projects into the concerns, and potential impacts on human health and safety. decision making process. Assess the adequacy of the applicable legal and institutional framework, including applicable international environmental agreements, and confirm that they provide that the cooperating government does not finance project activities that would contravene such international obligations. Provide for assessment of feasible investment, technical, and siting alternatives, including the "no action" alternative, potential impacts, feasibility of mitigating these

impacts, their capital and recurrent costs, their suitability under local conditions, and their institutional, training and monitoring requirements associated with them. Where applicable to the type of project being supported, normally apply the Pollution Prevention and Abatement Handbook. Justify deviations when alternatives to measures set forth in the handbook are selected. Prevent, minimize, or compensate for adverse project impacts and enhance positive impacts through environmental management and planning that includes the proposed mitigation measures, monitoring, institutional capacity development and training measures, an implementation schedule, and cost estimates. Involve stakeholders, including project-affected groups and local non-governmental organizations, as early as possible, in the preparation process and ensure that their views and concerns are made known to decision makers and taken into account. Continue consultations throughout project implementation as necessary to address EA-related issues that affect them. Use independent expertise in the preparation of EA where appropriate. Use independent advisory panels during preparation and implementation of projects that are highly risky or contentious or that involve serious and multi-dimensional environmental and/or social concerns. Provide measures to link the environmental assessment process and findings with studies of economic, financial, institutional, social and technical analyses of a proposed project. Provide for application of the principles in this Table to subprojects under investment and financial intermediary activities. Disclose draft EA in a timely manner, before appraisal formally begins, in an accessible place and in a form and language understandable to key stakeholders.

4.3.2 OP/BP 4.04 (Natural Habitats)

The policy is designed to promote environmentally sustainable development by supporting the protection, conservation, maintenance and rehabilitation of natural habitats and their functions. The policy seeks to ensure that World Bank-supported infrastructure and other development projects take into account the conservation of biodiversity, as well as the numerous environmental services and products which natural habitats provide to human society. The policy strictly limits the circumstances under which any Bank-supported project can damage natural habitats (land and water area where most of the native plant and animal species are still present). Sub-projects such as solid waste management and wastewater disposal that may take place within the vicinity of Nairobi National Park may not be funded from the World Bank without appropriate mitigation measures.

4.3.3 OP/BP 4.11 (Physical Cultural Resources)

This policy is meant to assist in preserving physical cultural resources including the movable or immovable (above or below ground, or under water) objects, sites, structures, groups of structures, and natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance including sites and unique natural values. Physical cultural resources are important as sources of valuable scientific and historical information, as assets for economic and social development, and as integral parts of a people’s cultural identity and practices.

The objective of this policy is to avoid or mitigate adverse impacts on physical cultural resources from development projects. As observed from the baseline conditions, there are sensitive cultural areas in the metropolitan areas e.g. Nairobi National Park, Bomas of Kenya, Nairobi Club, Kipande house, National Archives, Public cemeteries and private grave yards. This policy is operationalised by undertaking the following steps:

(i) Identify Category A (any project involving significant excavations, demolition, movement of earth, flooding, or other environmental changes) and/or B (any project located in, or in the vicinity of, a physical cultural resources site) projects that fall under this OP policy (ii) Identify the likely physical cultural resources issues, if any, to be taken into account by the EA and develop the ToRs for the EA. (iii) If the project is likely to have adverse impacts on physical cultural resources, identify appropriate measures for avoiding or mitigating these impacts as part of the EA process. These measures may range from full site protection to selective mitigation, including salvage and documentation, in cases where a portion or all of the physical cultural resources may be lost. (iv) Develop a physical cultural resources management plan that includes measures for avoiding or mitigating any adverse impacts on physical cultural resources and provisions for managing chance find.

4.3.4 OP/BP 4.12 (Involuntary Resettlement)

The policy states that “Where large-scale of population displacement is unavoidable, a detailed resettlement plan, timetable, and budget are required. Resettlement plans should be built around a development strategy and package aimed at improving or at least restoring the economic base for those relocated. Experience indicates that cash compensation alone is normally inadequate. Voluntary settlement may form part of a resettlement plan, provided measures to address the special circumstances of involuntary resettlers are included. Preference should be given to land-

Ministry of Nairobi Metropolitan Development Page 62 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project based resettlement strategies for people dislocated from agricultural settings. If suitable land is unavailable, non land-based strategies built around opportunities for employment or self- employment may be used”.

Involuntary resettlement is triggered in situations involving involuntary taking of land and involuntary restrictions of access to legally designated parks and protected areas. The objective of this policy is to avoid or minimize involuntary resettlement, though participation in resettlement planning and implementation and, where this is not feasible, to assist displaced persons in improving or at least restoring their livelihoods and standards of living in real terms relative to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. The policy prescribes compensation and other resettlement measures to achieve its objectives and requires that borrowers prepare adequate resettlement planning instruments prior to Bank appraisal of proposed projects. There are potential displacements by sub-projects such as solid waste disposal sites, wastewater treatment plants, markets and parks that are all space intensive. RAP studies are, therefore, considered for such projects.

4.3.5 OP/BP 4.36 (Forests)

The policy on forest safeguards seeks to realize the potential of forests to reduce poverty in sustainable manner, integrate forests effectively into sustainable economic development and protect the vital local and global environmental services and values of forests. Among the principles is to screen as early as possible for potential impacts on forest health and quality and on the rights and welfare of the people who depend on them. Karura forest, Ngong forest and Kikuyu highlands are among the areas that are potentially affected.

4.4 Activities Triggering World Bank Safeguards

Table 10: Safeguards Triggering Matrix

Policy Criteria in Discussions NaMSIP Projects Environmental Yes The project components will trigger EA safeguards and is Category Assessment A. Projects include;, water treatment works, wastewater collection, (OP 4.01, treatment and disposal facilities, waste management, roads BP4.01, GP construction, NMT facilities, market development, office buildings, 4.01) and public parks. Forestry Yes With small forests within the Nairobi Metropolitan Region (Karura (OP4.36, GP and Ngong Forest), there is a remote chance that some sub-project 4.36) could lead to encroachments into the forest ecosystems such as firewood collection from emergent settlements, removal of vegetation, limited disruption of biodiversity. OP/BP 4.04 Yes Sub-projects such as solid waste management and wastewater (Natural disposal that may take place within the vicinity of Nairobi National Habitats) Park may not be funded from the World Bank without appropriate mitigation measures. Involuntary Yes Some of the sub-projects including solid waste transfer stations, Resettlement drainage systems, market areas, small dams and any new access (OP4.12, BP road may require extra land. This implies displacements of people. 4.12) Physical Cultural Yes Construction works may lead to interference with historical building Resources structures and interaction of cultural or religious site, or graves. In (OP/BP 4.11) such cases chance finds procedures will be followed.

Chapter 5: Institutional Framework

The Ministry of Nairobi Metropolitan Development’s mandate is to ensure development of a broad strategy and spatial framework for growing the Nairobi Metropolitan Regions and coordinating implementation of initiatives within the Region. The key departments of MoNMED include;

(i) Metropolitan Planning and Environment, (ii) Corporate Affairs (iii) Social Services (iv) Infrastructure, Transport and Utilities (v) Metro Safety and Security

5.1 Ministry of Nairobi Metropolitan Development

This Ministry organizational structure takes the outline presented in the flow chart below;

Figure 4: Ministry Organizational Structure

The Minister Ministry of Nairobi Metropolitan Development

Assistant Minister

Permanent Secretary

Central Planning and Finance and Programme Secretary Internal Audit Administration Evaluation Department Department

Infrastructure, Metropolitan Planning Transport and Utilities and Environmental Department Division

NaMSIP Project Coordinating Team (PCT)

NaMSIP implementation will be a shared responsibility between the Infrastructure, Transport and Utilities division on one hand and Metropolitan Planning and Environmental Division on the other due to nature of potential sub-projects. Participation of official from the two departments would be expected in the PCT.

5.2 NaMSIP Structure

NaMSIP falls under the department of Infrastructure, Transport and Utilities. The department is responsible for physical infrastructure, Metropolitan transport, water and sewerage, energy and ICT infrastructure services, policy and regulation in the NMR. The NaMSIP is generally structured as follows;

Figure 5: NaMSIP Conceptual Organizational Structure

Secretary

Energy ICT Central Waste Water and Metropolitan Critical Infrastructure Planning and Management Sewerage Transport Public Programme Services Evaluation

NaMSIP (PCT)

Component 1: Component 4: Component 3A: Component 3C Component 3B: Component 2: Institutional and Project Critical Critical Critical Critical Local Reform Management, Metropolitan Metropolitan Government Monitoring and Infrastructural Metropolitan Infrastructural Infrastructural Evaluation Services Infrastructural Services Services (Integrated Solid Services (Water (Transport waste and Wastewater Services Sub- management projects) Management) sub-projects) NaMSIP SUB-PROJECTS

5.3 Sub-Projects Environmental and Social Management Structure

Implementation of the sub-projects will need a lower management structure to oversee the environmental and social performance is of the highest order. The structure below illustrates the units proposed in this regard

Figure 6: Sub-Projects Environment and Social Supervision Structure

NaMSIP (PCT)

Project Components (1 – 4)

Key public and . Communities institutional . NGOs Stakeholders . Local Authorities

Sub-Project Implementation Committees

Sub-Project Supervisor (Environmental and Social NEMA and Respective Expert) Lead Agencies Environment and Social Implementation Desk

Sub-Projects’ Contractors (Environment and Social Sub-Projects’ Section) Stakeholders

Sub-project Implementation Sub-Project Regulatory and Team Triad (Administration and Management surveillance Triad Triad)

Chapter 6: Environmental and Social Linkages

6.1 Physical Environmental Issues

The intervention sub-projects identified in the previous chapter are administrative as well as physical by nature with direct and indirect linkages to the environmental and social settings of the affected areas. Sub-projects administration will deal more on implementation coordination and management aspects of the various sub-projects elements. It will provide a forum for identifying interactions with the surroundings with a view to sorting out conflicts or moderating potential impacts or enhancing compliance. This element of the subprojects’ implementation is the link with the receptors in the surrounding.

On the other hand, physical activities that include among others excavations and earth moving, material mobilization, structural works, etc. Physical works have direct interactions with the environment and social settings in the respective areas among them,

(i) Potential ecological disruptions within the project areas, (ii) Effects on land and soil within the project areas and surroundings, (iii) Environmental pollution from wastes generation and management, (iv) Physical environmental disruption including hydrology, surface drainage, soil erosion, loss of vegetation cover, (v) Environmental issues including air pollution and noise pollution, (vi) Social issues such as to include safety, health, security, aesthetic and general wellbeing; (vii) Conflicts on resources is also an issue associated with the sub-projects, (viii) Some sub-projects could also lead to full or partial displacement of people and developments,

The linkages could be positive or negative. Either way, it would be necessary to establish appropriate management strategies as an integral part of the project. Table 8 below illustrates the key linkages associated with the identified sub-projects clusters.

6.2 Social and Economic Linkages

Social and economic linkages provide the NaMSIP projects’ relations to its externalities including other projects within the neighborhoods. These linkages are determined in as far as impacts (positive/negative) and co-existence is concerned especially where the projects complement each other or supplements the benefits.

6.2.1 Social Issues

The social issues in as far as projects are concerned include among others:

(i) Population dynamics including settlement patterns, immigration/emigration and changes in structure around the Metropolitan that may be influenced by among other factors provision of public amenities and services, (ii) Access to and changes in demand for supply of social facilities and services (schools, recreation, water and health). As population dynamic changes, the provisions would be expected to change in the same patterns and this may create varying pressure on resources and required capacity (iii) Changes in literacy and health status of the communities where the project is located. While improved amenities and services is expected to have positive effects in this

regard, certain economic factors such as under-age labour and potential disruptions to population settings may have a reverse impacts, (iv) Land acquisition, compensation and resettlement is becoming a significant feature in physical development in Kenya, especially in the urban areas where land is scarce. It has far reaching social implications, particularly for residents with legal landownership and those with established settlements. Formal process in approaching these situations (Resettlement Action Plan – RAP) need to be an integral part of any project, (v) Changes in cultural practices (potential adoption of new cultural practices and loss of cultural traits) are significant in Nairobi Metropolitan Region owing to the cultural variability mentioned earlier. With predominant farmers and traders in the north and eastern zones and predominant pastoralists in the southern zone and with the Central Zone being the main influencing factors of development across the Region, cultural conflicts are bound to occur when any development in the region tends to interfere with the traditional settings within the transition areas, (vi) Public participation and involvement levels are highly influenced by among other factors literacy levels, willingness to collaborate by stakeholders depending on interests’ compatibility as well as leadership roles (especially political). It should, however, be affirmed that Stakeholder interactions and participation is necessary. (vii) Provision of NaMSIP projects will have direct correlation with Community Development as such projects are an investment into local socio-economic development. In addition, the NaMSIP projects will be accompanied by other complementally infrastructures including power and water which have indirect social benefits

6.2.2 Economic Issues

The economic issues in as far as the NaMSIP projects are concerned include;

(i) The economic status within and beyond the metropolitan area in as far as poverty levels are concerned resulting from improved access to social services and exploitation of economic opportunities arising from implementation of the NaMSIP projects in addition to income levels/distribution variation resulting from direct and indirect employment, expenditure patterns and poverty levels. (ii) Displacement of dominant economic activities and modes of production currently existing. In most cases there are linkages where agriculture is being displaced by establishment of commercials, industries and businesses depending on returns from each economic activity. (iii) Local/regional/national and international linkages where the Nairobi metropolitan area is a producer of manufactured goods that are consumed in the areas within and beyond the region. Similarly, the metropolitan area is supplied with raw commodities and inputs from the external areas within and outside the country. (iv) There will be both upstream and downstream investments for inform of project inputs, Services and Consumables. (v) Construction of the NaMSIP projects will be on-job training ground for semi- skilled/unskilled labour and a base for Human Resource Development and source for technology transfer.

6.3 Sub-Projects Clusters and Linkages

The chart below is an illustration of basic environmental, social and economic issues associated with the project components and sub-project clusters. This forms a basis for impacts and mitigation identification as outlined under Table 11 and impacts-matrix under Table 14.

Table 11: Sub-Project Clusters Linkages to Environment and Social Aspects

Component Sub-Project Clusters Environmental Issues Social and Cultural Issues Economic Issues Remarks

Component 1: Identification and selection . Potential conflicts with . Potential for displacements . Potential land acquisition for of locations for physical ecological aspects (removal of and developments the project and compensation Institutional support facilities vegetation cover, of lost property (value to the Reform and . Potential demand on public affected landowners) Development . Potential for environmental amenities (water supply, pollution from waste emissions power, sewers and access . Quantified economic benefits Feasibility (dust, solid wastes, road), based on project inputs and studies, ESIAs related outputs for sub-projects, . Establish potential social and stakeholder cultural interactions and consultations and implications of the project establishment of implementation implementation Construction of office . Loss in vegetation covers . Limited influx of construction framework would buildings and installation of (forests, riverine vegetation, workers into the area be undertaken equipments (site clearance, grass, etc.) through this earth moving, structural . Environmental pollution from project works, etc.) . Soil loss from surface erosion the project implementation (air component quality and elevated noise . Base for human resource Overseeing other . Siltation of adjacent water levels) with implication to the development and technology construction activities bodies (rivers, streams and stakeholders and transfer associated with the project. wetlands) communities,

. Disposal of construction debris . Noise to the neighbourhoods . Employment and income and other wastes receptors (human settlements generation opportunities and institutional premises) during construction . Air pollution (dust and emissions from earth moving activities)

. Potential elevation of noise levels Component Waste management audits 3A: in all Local Authorities that . Environmental pollution from . Stakeholders involvement and Impacts of waste management include; waste management pathways, sensitization and the overall on health care costs and Integrated acceptability expenditures Solid Waste . Identifying areas of . Preventive measures for A provision for Management pollution sources and environmental conflicts, . Intervention options for linkage on-site management, reduced social impacts on Economic values in waste identification and . Establishing current . Available management waste pathways management and areas of management waste management alternatives compatibility with other sectors options

practices and guidelines, . Identify current waste management Process for infrastructures, development of . Identifying existing ESMPs for ecological conflicts and respective Local . Investigate social Authorities challenges in infections and comfort. Characterization of waste Not expected to sources and identification have a direct of movement routes (Waste implication to pathways characteristics) physical environmental . Waste holding at Identification of environmental Identification of social and Identification of economic and social setting sources, impacts from current waste cultural impacts from current aspects on waste pathways . Mode of waste management practices waste management practices transportation . Waste transit routes . Intermediate transit transfer stations . Ultimate disposal sites Capacity building initiatives

. Skills, This implies a . Institutional and strategic policy to . Equipments and . Modalities for social guide waste infrastructure awareness and capacity for management . Management policies Strategies for environmental safe handling of solid wastes. Informed initiatives for economic activities across and guidelines protection from waste opportunities from waste the whole . Developing appropriate management activities . Ownership and instilled management Metropolitan waste management by- responsibility at the lowest laws for each affected level possible Should tie with Local Authority, existing Waste . Establishing financial . Networking and formation of Management resources required and groups Regulations sources Development of waste Ecological conflicts (removal of . Potential displacement of Potential income from transfer stations and vegetation cover and loss of people and development at construction works associated components general biodiversity) during selected sites construction . Site selection, . Potential conflicts with land . Design and use features (commercial, Ministry of Nairobi Metropolitan Development Page 70 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project

. Construction on various residential and institutional) locations . Provision of sanitation and other utilities . Guidelines on utilization of the transfer stations, Operations of waste Opportunities for waste reduction . Recovery and re-use It may be transfer stations for ultimate disposal . Role of the communities and opportunities of solid waste necessary to users in the management, materials considered Environmental pollution from managing waste residuals . Health risks to operators and . Income opportunities from transfer stations surrounding communities waste recycling through community . Risks of hazardous waste groups materials Developing of engineered . Ecological conflicts at . Potential displacement of Income from construction Appropriate sanitary solid waste identified locations (vegetation people and development) activities including employment, ESMPs will need disposal sites removal, etc.) material supplies and other to be undertaken . Conflicts with the culture of the services to establish site . Site selection, . Environmental pollution from local community specific . Design and construction emissions (dust environmental, . Construction on various and engine exhaust gases) social and locations economic issues Operations of sanitary solid Potential environmental pollution . Aesthetic acceptability by the wastes disposal sites from waste residuals; local communities, particularly Appropriate institutional and residential . Economic opportunities at the waste . Aerial emissions and odours, interests disposal sites including management . Infiltration of leachates into recovery and recycling plans as well as open drains and ground water . Health risks to the workers and specific site . Residual solid wastes into the neighbouring communities, . Subsidiary components such management surroundings particularly from hazardous as methane gas interception plans to be . Effects of hazardous waste waste materials derived from materials to the environment . Opportunity for employments Waste Audits and . Comfort to the neighbouring in the site management ESIAs Attraction of dependant species communities (air quality and respectively. (e.g. birds, rodents, snakes, flies, unsightly features) . Safety of waste recyclers etc.) with risks of environmental hence savings from medical Associated diseases . Conflicts with local cultures attention infections could with regard to interactions with be part of wastes monitoring

. Vector insects breeding with public health implications. Ministry of Nairobi Metropolitan Development Page 71 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project

Decommissioning of Environmental pollution from . Long term health risks to the Loss of income opportunities for unsanitary solid waste waste residuals neighbourhoods, sections of the dependent disposal sites community members Other . Aerial emissions . Anticipated improved (scavengers) Municipalities do Main focus on . Infiltration of leachates into sanitation and hygiene around not seem to have ground water decommissioned sites designed (i) Dandora dumping sites . Residual solid wastes into the dumping (ii) Thika solid waste surroundings . Possible post- locations dumping site decommissioning use of the (iii) Machakos dumping affected land, sites (iv) Kiambu solid waste dumping site Component Identification and 3B: development of mass rapid Appreciation of linkages to the Appreciation of social and cultural transit corridors, Non- physical and biological issues in the transit corridors Transport Motorized Transport environment from the projects established among them Thika Environmental Management systems and associated along the major possible highway, Nairobi – Kangundo, and Social and infrastructure corridors including Thika Nairobi Mombasa Highway, Appreciation of economic issues Impact Infrastructure highway, Nairobi – Kangundo, Nairobi Langata road, Ngong associated with specific sub- Assessment . Corridor identification Nairobi Mombasa Highway, road corridor, Nairobi – Naivasha projects. carried out at this . Selection of transit Nairobi Langata road, Ngong highway, Limuru and Kiambu stage for any of modes (BRTS, LRTS, road corridor, Nairobi – Naivasha roads) the sub-project etc.) highway, Limuru and Kiambu . Cycle/Bodaboda tracks roads) and parking areas Construction of new roads, . Loss of vegetation cover . Disruption of road corridors . Income opportunities from upgrading and and access passages into employments during improvement of existing . Disruption of surface drainage premises construction roads and associated and hydrology of the rivers facilities and streams . Land acquisition and . Opportunities for reasonable displacement of people and values from acquisition of land Implementation . Bridges and large . Pollution of surface water development of specific culverts sources from spills, silt and . Improved accessibility to ESMPs . Parking areas and bays construction wastes disposal . Disruption of commercial and services and premises as well established . Bus-bays where institutional premises as goods transportation. during respective applicable . Environmental degradation ESIA process . BRTS lanes from construction materials . Limited influx of workers into . Attraction of new investors in . LRTS lines extraction the project areas during transportation services construction . Air pollution from construction related emissions . Attraction of more residents into improved areas leading to Ministry of Nairobi Metropolitan Development Page 72 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project

. Elevated noise and vibration higher population and hence levels along the construction completion over resources and areas services.

Construction and use of . Potential disruption of people Losses to the informal traders NMTs are Non-Motorized facilities; operating along road reserves doing business on the road expected to be No significant environmental (small scale traders and reserve confined within . Secure Foot bridges issues anticipated normal pedestrians) existing road . Secure Underpasses corridors and . Secure Footpaths . Easy movements for the hence less . Cycle tracks, residents and impacts . Hand charts passages commuters/pedestrians Rehabilitation and use of . Clearing of corridor from existing railway line vegetation corridors for commuter train . Potential risks to safety of the services . Massive scrap metal, timber workers and neighbouring . Beneficial from employments and to be generated (may be communities (falling into during construction Most of the recycled) trenches, injuries from falling railway lines objects) . Social savings anticipated traverses through . Dirty aggregate to be from improved travel times, areas with high generated requiring safe . Potential influx of residents population disposal (potential into the corridors affected with . Implications on land and density and environmental pollution) effects on higher population property appreciation in the development and completion on resources corridors affected . Excavations to generate and amenities contaminated top soil from the corridor requiring disposal . Conflicts with encroached (potential environmental sections of the railway lines by pollution) social and economic structures

. Emissions during rehabilitation works (dust and machinery emissions) Installations of road This item has an transport provisions; overall positive implication to . Traffic lights No significant environmental Improved road safety for the Reduced risks to safety and environmental, . Speed bumps issues are anticipated users and pedestrians hence low potential chances of social and . Signage spending economic . Road markings, aspects Capacity building

. Skills (public and road Levels of traffic related Public participation in road uses _ _ Ministry of Nairobi Metropolitan Development Page 73 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project

users) environmental pollution (vehicular practices improvement . Traffic controls (speed spills and emissions) and driving practices . Regulatory provisions and enforcement Components 2 Site selection criteria for Other Critical specific projects Public Services . Market areas, Every sub-project . Selected drainage should undergo systems Potential environmental impacts Potential social and cultural Identify relevant economic issues an ESIA process . Identified water supply and appropriate mitigation impacts associated with specific associated with each sub-project and specific locations including measures; sub-projects and appropriate for corrective actions or ESMP developed distribution pipelines mitigation measures enhancement for integration in . Locations for sanitation the facilities (ablution blocks implementation and sewerage systems) works. . Locations for public parks and green spaces Installations of street Potential soil loss from . Improved safety and security lighting excavations during installations, of road users at all times, _ . Potential risks to safety from accidental exposure of No direct economic issues electrical cables and wires

. Safety risks to motorists from additional road side street light poles. Construction and . Land cover clearance during . Safety risks to the workers and occupation of markets preparation of sites for the residents during construction market, process,

. Disruption of local drainage . Risks to health and comfort of Trends in during construction the residents (dust emission, economic machinery emissions, noise Potential appreciation of changes during . Environmental pollution during elevations, etc.) commercial properties around and after construction (emissions, spills markets and possible construction can and waste . Influx of construction workers depreciation of residential go either way – into the area increasing properties. need deeper . disposal)Generation of population and competition on investigation) additional runoff into existing resources and amenities) drainage systems and Ministry of Nairobi Metropolitan Development Page 74 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project

ultimately receiving water . Trends in risks to safety and bodies security with higher population into the target area . Accumulation of solid matter into open drainage system . Changes in land use practices during market operations in the long term Development and . Nature of activities in areas to . Disruption of access roads Potential specific improvement of drainage be drained with respect to (people walks further that linkages to be systems waste generation, usual) identified through specific ESIAs . Drainage systems are . Risks of outfalls onto private Economic benefits through pollutant and waste premises employment during construction Isolation of carriers/transporters, pollutants from . Risks to safety of residents, drainage systems . Implications on water sources especially the aged, children should be (pollution loading) and drunkards considered Development or . Nature and characteristics of . Analysis of other dependants rehabilitation of water target water sources of the target water sources supply systems (hydrological and water quality) to sustain the . Alternative sources of water . Appreciated value and cost of intended water supply system for the local communities and water by the service providers the recipient users and the users . Water losses at treatment Liaison with Athi plant and transmission system . Security and safety of . Level of cost on unaccounted Water Services treatment works, for water (UfW) in the target Board and . Wastes generation and scheme respective Water handling from water treatment . Appropriate sanitation and Service Providers process (sludge, filter media hygiene provisions for the . Affordability of water, will be necessary and wash water) users especially by the poor as well for all sub- as willingness to pay. projects in this . Modes of provision to the regard users (piping, communal taps, water kiosks, etc.) Development or . The existing sanitation . Attitude of the users on the Areas of rehabilitation of sanitation provisions in the target areas current mode of sanitation, attentions for facilities against the desired enhanced improvement concepts (pit . Any cultural barriers on compliance will . Wastewater collector latrines, flush toilets, septic improving sanitation, Economic inputs in sewage be developed systems tanks, conservancy tanks, treatment (normally considered through ESMP . Treatment systems for modes of disposal) . Acceptability of proposed non-profit undertaking) developed for the wastewater disposal sanitation improvement respective sites . Disposal systems . Environmental pollution from construction wastes, . Risks of diseases outbreak Ministry of Nairobi Metropolitan Development Page 75 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project

from overflows and leaking . Environmental pollution from sewage sewage spills and overflows (water sources and land) . Regulations and guidelines on the re-use of sewage where . Compliance with wastewater necessary management and disposal Establishment of public . Nature and characteristics of . Land use practices in the This will require a parks and green spaces the project areas (surrounding neighbourhoods (residential, comprehensive ecological settings, institutional, commercial, Economic value for a site to be sensitivity biodiversity features, level of industrial, conservation, evaluated for both the local analysis to sensitivity, etc.) forests, wetlands, etc.) communities as well as ensure compatibility with environmental costs associated . Types of new species if any to . Value (social, cultural or the new features with the facility be introduced (plants and monetary) of the parks and animals) – need for green spaces to the local It would be consultations and communities expected that the assessments of species public park integration and/or green spaces are in harmony with the natural surroundings.

Component 4: Project management, Selection of physical Appreciation of environmental Role of the respective This is more of monitoring and requirements standards and values with communities and stakeholders in administrative, evaluation respect to the projects being the specific project management but appreciation evaluated and monitoring. of environmental and social aspects of all the Installation of necessary See similar activities under See similar activities under See similar activities under sub-projects facilities Component 1. Component 1. Component 1. would be necessary

6.4 Cross Cutting Issues

6.4.1 Gender Linkages

Participation in environmental and social management for projects implementation between men and women is important. This is particularly at a time when the Constitution of Kenya calls for at least 30% of opportunities reserved for women. In terms of impacts from projects, women and children are the most affected through poor sanitation, pollution of drinking water, loss of resources, and creation of poverty among other related issues.

6.4.2 HIV/AIDS and other Infections

Projects implementation creates a number of social scenarios with potential for enhanced infections. Immigration of workers into the areas forming new acquaintances and interactions at times without any levels of control. Poverty levels are also factors where workers with money attract locals resulting in greater risk of STD transmissions. .

6.4.3 Health and Safety Issues

These issues arise from almost all projects during implementation and post-commissioning stages. Poor appreciation of the receptors and knowledge on potential impacts and management are among the challenges any project. Emissions, noise levels, demand on basic amenities and physical safety elements determines the extent of health and safety expected.

6.4.4 Institutional Linkages

Stakeholders and institutions associated with every sub-project have varying interests. Involvement and participation is the key towards ownership of the project outputs by the stakeholders where their respective interests are mutually addressed. This achieved through consultations as well as direct participation in the implementation for the direct agencies during implementation.

6.4.5 Physically Challenged Persons

The critical linkages are access to/or use of NaMSIP services and facilities by the physically challenged persons (the blind, disabled, sick persons, etc.). Among the services and facilities include foot bridges, elevated offices, access to small dams, utilization of street lights and road crossings. It would be expected that appropriate considerations are taken on board during design and installation of the public facilities.

Chapter 7: Environmental and Social Management Principles

7.1 Overview

The Environmental and Social Management Framework (ESMF) implementation is basically the integration of environmental and social safeguards into the NaMSIP sub-projects. To achieve this, there must be a systematic process backed up with specific requirements established to ensure harmonized procedures, defined responsibilities, skills and technical capacity, assured financial resources, logical institutional structure and information/data for background. The following sections outline these requirements based on sub-project implementation.

7.2 Roles and Responsibilities

7.2.1 Stakeholders’ Clusters

The nature of NaMSIP sub-projects is cross-sectoral by nature while interacting with the entire social range. The stakeholders, therefore, would also be viewed from the same perspective. There are corporate stakeholders, public stakeholders, institutional stakeholders and members of the general public. The schedule below is an outline of the stakeholders’ categories;

Table 12: Stakeholders Categories

Public Stakeholders Institutional Corporate Other Stakeholders Stakeholders Stakeholders . All Local Authorities within . Main Schools, . Health Services providers . Homeowners/Residents the Metropolitan . Universities within the . Major Manufacturing . Travelers/Commuters . Ministry of Local Metropolitan area premises . Transporters (goods and Government . Main Churches in the . Water Services Providers public) . Public Hospitals region across the Metropolitan . Road Users/Motorists . KeNHA . Main Mosques in the . Main Supermarket chains . Traders/business people . KeRRA region . Main Office Blocks . Water Users Associations . KURA . Hospitality facilities . Waste handlers around . WRMA (hotels and restaurants) the Metropolitan . NEMA . Private health facilities . Waste recyclers . Kenya Wildlife Services around the Metropolitan . Farmers (especially for (KWS) areas outside the Central . Kenya Forest Service Zone) (KFS) . Livestock keepers in . Kenya Police Service areas outside the Central . Local Administration from Zone) all the Counties . . Athi Water Services . Service stations (Petrol Board (AWSB) Stations) . Kenya Airports Authority . Organized community (KAA) groups’ leaders . Kenya Railways/Rift . Political Leaders from all Valley Railways Counties . Public Health Department from the Counties . Lands Department

7.2.2 Roles and Responsibilities for Components

While implementation of the projects is the responsibility of NaMSIP, there are numerous roles from various stakeholders at different levels and dependent on the nature of respective sub-project clusters. The anticipated stakeholder roles may be viewed as follows; Ministry of Nairobi Metropolitan Development Page 78 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project

(i) Component 1 and 4 are a responsibility of NaMSIP in terms of institutional structures and monitoring mechanisms. However, Local Authorities may be called upon to provide leadership during identification of relevant sub-projects, planning and implementation strategies such as to be in line with their development priorities in areas falling within their jurisdiction. This will enhance ownership not only to the Local Authorities but also to the people of the intervention projects and long term sustainability, (ii) Component 2 comprises projects from various fields and sectors including Local Government, Ministry of Transport, the Water Sector, Public Health, etc. the responsibilities for projects in this components, therefore, will vary from one zone of the Metropolitan to another as well as the nature of the sub-projects, (iii) Component 3 (solid waste management, transportation infrastructure and wastewater management and disposal) has initiatives developed by NaMSIP, but the implementation need to be synchronized with the respective agencies within the respective sectors. NaMSIP is contributing into supporting provision for the necessary infrastructure while sustainability is maintained by the sectoral responsibility. The Counties constituting the Metropolitan and the Environmental Divisions for the respective. Local Authorities will also provide policy directions on the infrastructural development to ensure harmonization of NaMSIP sub-projects with other initiatives,

Responsibilities in solid waste management range from the waste generators (bearing direct responsibility of reduction and separating of the wastes) to waste handlers for collection and transportation. Provision for ultimate waste disposal facilities (policy and regulatory framework, engineered transfer stations and disposal sites) is mainly a responsibility of the respective Local Authorities under the supervision of NEMA particularly with respect to the physical locations of the management facilities. These include KURA, KeRRA and KeNHA as well as the Ministries in-charge of Roads and Transport.

7.2.3 Specific Stakeholders Roles and Responsibilities

Each category of stakeholders has got specific roles in the implementation of the ESMF, implying that NaMSIP will need to adopt an inclusive approach for all the sub-projects. To achieve this objective, early consultations and collaborations will need to be initiated by NaMSIP on the projects before the sub-projects concepts are finalized. The chart below lists among the stakeholders’ specific roles and responsibilities (not exhaustive) on identified sub-projects;

Table 13: Stakeholders Responsibilities

Stakeholder Stakeholders and Roles and Responsibility category Intervention Areas Public Stakeholders Local Authorities and Ministry of . Share planned activities with NaMSIP to assist in Local Governments development and planning of new intervention sub-projects under the categories . Roads infrastructure, . Drainage systems . Provide an inventory of ongoing intervention projects likely to . Water and sanitation conflict or similar to those proposed under NaMSIP, . Street lighting . Traffic lighting . Assist in identifying key areas of intervention and participate . Waste management initiatives in the implementation for the long term operations and . Markets Development ownerships . Public Parks . Assist in sensitizing the public on NaMSIP initiatives for enhanced public ownership Roads Authorities (KeNHA, . Assist NaMSIP identify intervention areas on transport Ministry of Nairobi Metropolitan Development Page 79 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project

Stakeholder Stakeholders and Roles and Responsibility category Intervention Areas KeRRA and KURA) infrastructure in all the Counties to avoid duplication and enhance value to the public, . Roads Rehabilitation and upgrading . Assist in identifying key areas requiring intervention and . Mass Transport Systems (rail support in design review for identified design concepts and lines, bus lanes, etc.) drawings to ensure compliance with design guidelines and . Bridges and culverts manuals, . Non-Motorized Transport . Footpaths . Advise accordingly on areas of conflicts with any of the . Footbridges and underpasses proposed sub-projects, . Street lighting . Traffic lighting . Participate to the extent possible on the sub-projects implementation for long term ownership. Railway Commuter Trains . Advise on the long term plans of the railway lines within the Metropolitan to enable integration of rapid passenger . Commuter Railway lines transport, rehabilitation . Light Rail Line Systems . Assist in identifying appropriate areas of intervention and provide necessary technical support if required on the rehabilitation activities

. Participate to the extent possible in the rehabilitation process Water Authorities (AWSB, . Advise on appropriate areas requiring interventions WRMA) . Review proposed sub-projects and advise on suitability . Water Supply sub-projects including potential for conflicts with other planned, ongoing or . Sanitation sub-projects completed projects

. Participate in the sub-projects to the extent possible and involving the user stakeholders for enhanced ownership of the sub-projects when completed. Other Public Stakeholders . Review of specific ESMPs to ensure appropriate mitigation (KWS. KFS, NEMA, WRMA, measures are integrated, Public Health Department Offices, Security Services, etc.) . Liaise with NaMSIP on the relevant conservation measures for points of conflicts with the sub-projects’ implementation

. NEMA to review and guide on approval of sub-projects before implementation

. Security Arms to provide necessary security services for the sub-project implementation Institutional, All identified around the . Appreciation that the intervention projects are designed for Corporate and other Metropolitan their benefits and hence enhance ownership Stakeholders . Review of the sub-projects concepts and designs and provide informed opinions and suggestions for improvement and acceptable implementation

. Where required, provide the necessary support in processes such as Land acquisition, Provision of labour, Patience during construction, Available supplies and services among others

7.3 Capacity Requirements

7.3.1 Capacity for Monitoring and Evaluation

For effective evaluation and monitoring of environmental and social performance of the project, appreciation and understanding of the linkages to specific sub-projects would be necessary. Key issues and associated management plans established during the ESIA process would be analyzed to reflect the reality of the sub-projects implementation. The ESMP, therefore, constitute the main tool for environmental and social monitoring of the sub-projects.

Other capacity includes;

(i) A legal register for monitoring the level of compliance and implementation of local and World Bank and GoK environmental and social safeguards, (ii) Appropriate equipment for environmental sampling and measurements such as to include air quality, water quality, soil quality, noise and vibrations, etc. Back-up from accredited laboratories would also be necessary in this regard, (iii) Social survey tools including questionnaires and data collection sheets for tracking the dynamic created by the intervention sub-projects during the implementation and post- commissioning periods. (iv) Basic knowledge and skills on environmental and social management performance among the sub-project implementation committees.

7.3.2 Training

Among the most important ingredients for the implementation of the ESMF is adequate human skills capacity for the projects staff and to the extent possible the beneficiary communities. The experts in various fields would need specific skills in environmental and social management linkages to enable apply their knowledge in the sub-projects, though it would be established through an intensive training needs assessments for NaMSIP. Special training may be sought for all the professional cadres on undertaking environmental and social impact assessment studies. The specific skills to be built into the cadres such as to cover all aspects of the sub-projects including among others;

(i) Environmentalists to get enhanced and/or refresher training in natural resources management, ecology, water and wastewater quality, waste management, etc., (ii) Hydro-geologists for training in integrating water resources management into the sub- projects, (iii) Engineers (Civil and Sanitation Engineering) may be trained on integrating environmental and social aspects into design concepts of the sub-projects, (iv) Health and safety experts to learn linkages to environmental and social aspects of the sub-projects (waste management, dust control, occupational safety, etc.), (v) Sociologists with respect to appreciating environmental and infrastructural development into the social roles of the project, (vi) Physical Planners for land acquisition and resettlement action plans (RAPs) as may be required for some of the physical intervention sub-projects such as roads, drainage systems, markets and other space intensive initiatives, (vii) Economists to learn appreciating the environmental costs aspects of the sub-projects.

7.3.3 Equipment/Facilities

Equipment capacity and facilities for application variously in the implementation of ESMF need to be selected that they match the various professional categories and varies from one sub-project to another. Among the basic facilities include the following;

(i) Operations Offices in each County (ii) Computer and associated software for data and information harnessing, modeling and reporting, (iii) Field equipment such as to include cameras, GPS, water samplers, soil samplers, etc. (iv) Access to accredited laboratories for water and soil testing (v) Air quality sampling and measurement tools (vi) Approved field datasheets,

7.3.4 Compliance Tools

For enhanced compliance to the established environmental and social safeguards, a comprehensive Legal Register need to be established to provide a tool for monitoring performance of the sub-projects implementation in meeting the relevant regulatory provisions.

7.3.5 Technical Assistance

It is considered that not all the capacity is available with NaMSIP or MONMED to effectively address the requirements of the sub-projects. In this regard, therefore, it would be necessary to seek support from external sources. This would come in form of;

(i) Professional support from Consultants with experience in selected areas of the sub- projects or the entire NaMSIP. The Consultants engaged would be required to not only accomplish implementing the project segments but to also transfer knowledge to the in- house staff on the various areas of the project, (ii) Hiring or procurement of equipment for short term application would also achieve implementing the project but also transfer the application to the staff. The process of acquiring the equipment should also involve hand-on training programmes for the staff by either inviting the experts to the field or sending a few staff to the suppliers (local or overseas). (iii) Resources support would apply where equipment and skills exists but with inadequate financial resources for operations. Financial support would be obtained through the normal mechanism established through the MONMED and the public institutions in general.

7.3.6 Information and Data Resources

It is appreciated that MoNMED may not have all the necessary information and data in the areas identified for intervention. Such information and data could be found in the core sector resource centers, research and educational institutions and grassroots organizations and communities. There is need, therefore, for liaisons with the relevant information and data sources to accomplish specific sub-projects.

7.3.7 Impacts Management

Management of impacts arising from the sub-projects begins with their identification, partly through the ESIA process and partly through actual experience during the implementation. Impacts from sub-projects range from environmental, social, cultural and economic levels with short, medium and long term impacts. Mitigation measures are designed to alleviate such impacts. . The management tool for impacts from any of the sub-projects is the ESMP with clear impacts and mitigation action, responsibilities, timeframes and estimated mitigation costs (See the ESMP outline later in this report).

7.4 Procedures and Methodologies for NaMSIP

7.4.1 Sub-Project Planning and Screening

As already widely illustrated earlier in this document, NaMSIP comprises various sub-projects variously located around the Metropolitan. The sub-projects under each component will be identified on the basis of need and compatibility with respective stakeholders among them the Local Authorities and agencies in-charge of services. Collaborated planning will be ensuring harmonization with Sectoral programmes among the broad ones being;

(i) Local Authorities initiatives particularly those under the Kenya Municipal Programme (KMP) including waste management interventions, access roads, drainage systems and markets development among others, (ii) Roads’ Authorities including KeNHA, KeRRA and KURA with respect to sections of target roads that could also be in their programmes. Among the sub-projects falling in this category include roads, mass transport systems and NMT initiatives among others, (iii) Water and sanitation related sub-projects (water supply and sanitation provisions) with players such as Athi Water Services Board, WRMA Regional Offices, Local Authorities, respective Water Services Providers and Water Users Associations to mention the key ones, (iv) Involvement of the financial and procurement departments within MONMED regarding the availability and sustainability of financial resources within the NaMSIP and complementation with other respective players as mentioned above.

Another planning element is involvement of the local communities and users in terms of acceptability. The users are an important player in deciding the necessity, location, magnitude and alternatives for long term values and sustainability. Among the key community segments include Youth Groups, Women Groups, Transport Organizations, Resident Associations, etc.

Almost all the sub-projects under NaMSIP are physical interventions (roads, waste management infrastructure, etc.) and hence the service improvement concept. Sub-project designs will be developed for the respective sub-projects and in consultations with other stakeholders such as to provide specific concepts. Environmental and social impact assessment (ESIA) will then be guided by the concepts towards establishing a logical environmental and social management plan for integration in the implementation.

7.4.2 Project Alternatives

Analysis of alternatives systematically compares feasible alternatives to the proposed project site, technology, design and operations (including the "No-Project" situation) in terms of their potential environmental impacts, the feasibility of mitigating these impacts, their capital and recurrent costs,

Ministry of Nairobi Metropolitan Development Page 83 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project their suitability under local conditions and their institutional, training, and monitoring requirements. For each of the alternatives, associated environmental impacts should be quantified to the extent possible including the economic values where feasible. The basis for selecting the particular project design proposed should address recommended impact prevention and approaches to pollution abatement during construction and operations thereafter.

7.4.3 Sub-Project Review and Disclosure

The design concepts, related drawings and recommendations from the ESIA process would require to be reviewed by NaMSIP through the Project Steering Committee as well as the specific sub- project implementation team. The review will identify key areas with impacts to the sub-project output or where there are potential conflicts with other initiatives or identified conflicts with the environment and social aspects in the target areas. This review will be necessary for the Project Management to endorse or amend the ESMP before submission to NEMA for the compliance review and approval.

The ESIA report with the comprehensive ESMP is ultimately reviewed and approved by NEMA and a license issued for the specific sub-project. Part of the sub-project approval involves disclosure of the sub-project details to the public and particularly to the Lead Agencies. Disclosure process takes three forms;

(i) Public consultations forums where the project concepts are presented to the public and stakeholders through organized forums. Upon understanding the details of the sub- projects, the stakeholders gets an opportunity to express their fears and opinions regarding areas that directly affects them positively or negatively. The views and suggestions are then reflected in the ESMPs as well as in the sub-project designs and subsequently in the implementation, (ii) The ESIA report together with the ESMP is distributed to the relevant Lead Agencies through NEMA. The Lead Agencies are expected to review specific areas touching on the sectoral responsibilities and contribute towards the improvement of the designs and implementation, (iii) The ESIA report is also disclosed to a wider review by displaying the same in the media accessible by all stakeholders and the public. This involved displaying in the websites (financing institutions such as the World Bank), advertising in the local commonly read print media and placing hard copies of the reports in public offices.

7.4.4 Sub-Project Approval

The approval of a sub-project at NEMA follows certain time lines and procedures. These timelines need to be reflected in the sub-project scheduling to avoid conflicts or unnecessary delays during the implementation. Basic approval process involves the following deliverables;

(i) Preparation and submission of a ESIA Project Report (commonly referred to as Scoping Report) developed on the basis of initial findings of the sub-project and the concepts from the preliminary design. The project may be disclose and approved at that stage but depending on the magnitude, NEMA may call for a full ESIA Study, (ii) Terms of Reference (ToR) will be submitted to NEMA upon instructions to be approved for a full ESIA Study process, (iii) Full ESIA Study Report will be submitted to NEMA for review, disclosure and necessary approval. A project license will be issued against approval of this report and the sub-

project should commence within 24 months of the approval otherwise a re-application be considered.

7.4.5 Sub-Project Implementation

During the implementation of each sub-project, supervision is expected to be an integral part of the works. The Contractor shall be provided with the ESMP for integration in the works. Appropriate supervision on environmental and social management performance will be necessary throughout the duration with the main criteria being the ESMP developed from the ESIA process. Progress Reports in this regard will be produced on pre-agreed schedules (a Mid-Term and Completion Reports may also be produced).

7.4.6 Supervision of Implementation

The sub-project implementation and construction process will be supervised by a team of qualified experts recruited by the Client. Ensuring high performance in the implementation of the environmental and social requirements constitutes part of the supervision and is guided by the environmental and social management plan developed during the ESIA process. The supervising expert, therefore, would be expected to study the ESMP and update the same to reflect the reality on the ground. The updated ESMP should also be provided to the Contractor as part of the contractual documents so that the obligations are integrated in the works.

7.5 Timeframe

While the environmental and social management framework is an overall guiding principle for a project based on the general principle, implementation of environmental and social safeguards for the associated sub-projects should be guided by the project concepts. In this regard, the respective concept development and documentation should be accomplished followed by preliminary design preparation. The principles behind the concept and the preliminary designs would then inform on the key environmental and social aspects and subsequently an appropriate environmental and social statement. The timeframe for development and integration of environmental and social aspects into a sub-project will be dependent on how long the development of the concepts will take. However, with ESMF in place, appropriate issues are provided for early references during the sub- project development.

On the other hand, before the final designs and implementation of the designs, a comprehensive environmental and social management plan would need to be completed to feed into the implementation. In addition to the design and approval schedules, allowance should also be considered for the period required on the approval of the ESMP by NEMA.

7.6 Monitoring Parameters

As discussed earlier, sub-projects have varying linkages to environmental and social setting. The linkages determine the monitoring parameters for application during the implementation. Following is an outline of the monitoring parameters derived from the foregoing observations;

Table 14: Schedule of Monitoring Parameters

Component Monitoring Criteria Monitoring Parameters

Component 1 and 4 Relevance of the activities to the sub- . Sub-project concepts projects and the overall project . Capacity (skills and access to equipment) on Ministry of Nairobi Metropolitan Development Page 85 of 102 Consultant: Harrison W. Ngirigacha Aquaclean Services Limited Draft Environmental and Social Management Framework Nairobi Metropolitan Services Improvement Project

environmental and social evaluation . Financial sources and records Level of compliance to environmental . Environmental standards (NEMA) quality . Waste Management Regulations (NEMA) . Wastewater Management Regulations (NEMA and WRMA) . Air quality standards (still in draft form) . Noise and vibration guidelines (NEMA and World Bank) Component 2 Mitigation efficiency of associated . Provisions of ESMPs for respective sub-projects impacts during construction under the category . Conflicts with adjacent ecological features of any of the sub-projects . Sub-Component 3A Efficiency at waste generation points . Waste generation zones’ identities and storage facilities . Waste categories and quantities by zones . Level of segregation at sources . Modes of waste collection and removal Compliance of waste handlers with . Organization and legality of waste handlers established regulations . Registration with NEMA of the waste handlers . Operation practices of the waste handlers . Compliance with established waste management regulations Adequacy and suitability of waste . Nature and design provisions of waste handling handling infrastructure facilities (transfer stations and ultimate disposal) . Provision for waste segregation and recycling . Level of participation by the stakeholders and communities Acceptability of ultimate disposal . Compatibility of disposal sites with adjacent land sites to the public use patterns . Role played by the immediate communities . Frequency of environmental quality monitoring including air sampling, soil testing, water quality (surface and ground), . Ecological effects . Frequency of public health monitoring . Continuous compliance with environmental guidelines and standards (NEMA and World Bank) Efficiency of decommissioning . Decommissioning audit outputs . Environmental clean-up methods, . Frequency of post-decommissioning monitoring including air quality, soil, water resources, . Frequency in monitoring public health effects . Compliance with environmental guidelines and standards (NEMA and World Bank) Sub-Component 3B Impacts during the road construction . Status of environmental features on the road and provision of other associated corridor before construction (drainage, rivers, units streams, forests, wetlands, steep slopes, etc.) . Environmental quality during construction (air quality, water quality, soil), . Ecological effects during construction (volume of vegetation lost, types of animals lost, etc.) . Waste disposal, e.g. spoil dumping, machinery wastes (waste oils), organic materials, . Status of social features on the road corridor before construction (settlements, economic activities, etc.), . Level of social disruption (displacements), . Extent of social disturbance (elevated noise, dust, traffic flow, accessibility to premises, etc.), . Levels of safety and security

Usability of the new road sections . Road safety . Travel times between points . Opinion of road users . Enhanced compliance with road regulations Acceptability of the facilities/utilities Opinion of stakeholders, users and general public on upon completion finished facilities/utilities

Sub-Component 3C Wastewater management and disposal

7.7 ESMF Financing Strategies

Implementation of the NaMSIP initiatives requires substantial financial resources whose sources may include Central Government, Local Partners and international development partners. The financing strategies may differ from one sub-project to another depending on specific funding mechanisms and implementation policies. However, the overall guideline should in line with the budgetary procedures of the Ministry. Among the key ESMF items for financing may include the following;

(i) Capacity building including staff training needs assessments, training programmes, continuous skills improvements, etc., (ii) Equipments and facilities including offices and office equipments, transport, field equipments, etc., (iii) Environmental and social impacts assessment studies and development of environmental and social management plans (iv) Environmental audits (v) Preparation and implementation of resettlement action plans (RAPs) (vi) Public awareness creation and sensitization programme

Chapter 8: ESMP Principles

8.1 Environmental and Social Impact Assessments (ESIA)

8.1.1 Main ESIA Objectives

The main objective of the ESIA is to carry out an environmental and social impact assessment (including resettlement action plans) associated with development of the sub-projects and the associated facilities. The is designed to comply with the current requirements of international financing agencies (e.g. The World Bank) in addition to the EIA Regulations of 2003 as established under the EMCA, 1999. The basic expectations from the process would include among others;

(i) A background, scope, objectives of the project with respect to environmental and social aspects of the specific sub-project, (ii) Review and analysis of policies, legal and institutional framework governing environmental resources management in Kenya, (iii) Review of documented information and data on the areas affected by the sub-project, (iv) Examine and document the environmental and social baseline conditions of the sub- project areas, (v) Identify all environmental and social impacts (positive and negative) associated with the sub-project preparation, construction, operations and decommissioning stages and appropriate mitigation or preventive measures, (vi) A comprehensive environmental and social management plan (ESMP) for integration into the sub-project implementation process, (vii) An environmental and social monitoring plan (ESMP) covering all stages of the project lifecycle, (viii) RAP report identifying and quantifying the Project Affected Persons (PAPs) and the associated property and establish a resettlement action plan outline including land acquisition and compensation factors.

8.1.2 ESIA Scope

The basic scope of the Environmental and Social Impact Assessment (ESIA) is to develop suitable recommendations to be integrated in the project design and implementation for mitigation of anticipated adverse impacts to the environment and social setting the sub-project and service areas. An evaluation of public opinions and stakeholders attitude towards the sub-project is captured through interviews and consultative forums conducted throughout the sub-project area variously during the study period.

8.1.3 ESIA Methodology Outline

In accordance to the ESIA regulations the objectives of the study should include the following key issues;

(i) A clear description of the proposed sub-project including its objectives, design concepts and anticipated environmental and social impacts, (ii) Description of the baseline conditions in the sub-project areas such as to cover the physical location, environmental setting, social and economic issues, (iii) A description of the legal, policy and institutional framework within which the proposed sub-project will be implemented, (iv) Description of the project alternatives and selection criteria,

(v) Details of the anticipated impacts to the environment, social and economic aspects of the area covered by the project, (vi) Appropriate mitigation and/or corrective measures, (vii) Develop an environmental management plan (ESMP) presenting the project activities, potential impacts, mitigation actions, targets and responsibilities, associated costs and monitoring indicators,

8.2 General ESIA Approach

The ultimate goal of this general approach is to identify impacts resulting from the proposed sub- project to be determined on the basis of the baseline conditions established during the field work and information obtained from the documents reviewed. For subjective predictions of the impacts, the site area should be subjected to environmental and social scoping process. This is a process of evaluating the significance of the sub-project impacts and possibilities of handling the same. The scoping process is then followed by a detailed evaluation of the project area focused on any significant environmental issues. The communities living within the coverage area should be interviewed during consultation and participation process during the detailed study process. Among the tools to be used include questionnaires, self writing forms, photographs, etc. Overall, ESIA is undertaken through the general stages below;

8.2.1 Scoping Process

This process is designed to provide a preliminary view of the environmental and social status. It involves establishing the diversity on physical environment, climatic conditions, social and economic trends in the area. The study team should share experiences on environment and social issues in the project area and in particular with regard to the field of the sub-project. This would enable determination of sub-project elements to be emphasized on.

8.2.2 Documentary (Literature) Review

Various relevant documents need to be reviewed for a clear understanding of the terms of reference, environmental status of the sub-project area and the target natural resources, data on social and economic trends (for the sub-project area, the beneficiary areas and the adjoining zones), land use practices in the affected areas, development strategies and plans (local and national) as well as the policy, legal and institutional documents.

8.2.3 Field Assessment

Field assessments are designed to address the physical and biological environment as well as the project affected persons (PAPs). Determination of the affected environmental and social features felt within the sub-project area and also in the neighbouring zones. The fieldwork session is focused on establishing the anticipated positive and negative impacts in terms of physical and biological environment, social and economic trends. Specific objectives of the field assessment included;

(i) Obtain any available information and data from the local public offices including environment, water, lands and agriculture, etc. Public consultations are also organized with the stakeholders, (ii) Evaluate the environmental setting around the proposed sub-project sites. General observations are focused on the topography, land use trends, surface water sources, public amenities, wetlands, settlements, forests, soils, etc. Also to identify climatic and land cover variations along the affected areas,

(iii) Evaluate social, economic and cultural settings in the entire sub-project areas, (iv) Undertake comprehensive consultative public participation exercise such as to reach a large section of the project affected persons as well as other stakeholders.

8.2.4 Detailed ESIA Study Activities

This involves a series of activities carried out in liaison with the Client, relevant government departments, local authorities, community groups and other organizations in the area with a view to sharing their experiences and information with respect to environmental resources and social aspects. Effective evaluation of the social baseline status achieved through interviews (consultative meetings and discussions) and physical inspection of the entire project area. The baseline conditions provide the starting point for the impacts predictions and benchmark for the mitigation measures.

8.2.5 Public Consultations

Interaction with the stakeholders and communities living around the sub-project area is a continuous process. This commences immediately upon commissioning of the assignment. Among the interactions include informal contacts on basic inquiries and engaging residents in the study activities. Among the formal forums undertaken include sensitization sessions involving all levels of stakeholders, social and economic surveys at household levels and public participation forums that are open to all the residents. Addition sessions would involved the PAPs who are interviewed for purposes of compensation on land acquisition and potential compensations.

8.2.6 Reporting

The reports (inception, draft final and final draft and final) are done at pre-agreed timeframes such as to cover the requirements of the National Environmental Management Authority (NEMA) guidelines. The report schedule comprises a scoping report, draft final ESIA study report and final ESIA study report. The scoping report and the final study report are submitted to NEMA review. Besides continuous briefings to the Client and local NEMA office would be necessary.

8.3 Environmental and Social Management Plan (ESMP)

8.3.1 ESMP Principles

A project's environmental management plan (EMP) should consist of a set of mitigation, monitoring, and institutional measures to be taken during implementation and operation to eliminate adverse environmental and social impacts, offset them, or reduce them to acceptable levels. The plan should also include the actions needed to implement these measures.

An EMP is an essential element of environmental assessment reports for Category A projects while for most of Category B projects, the environmental assessment may result in a management plan only. The EMP includes the following components:

(i) Mitigation: The EMP identifies feasible and cost-effective measures that may reduce potentially significant adverse environmental impacts to acceptable levels. The plan includes compensatory measures if mitigation measures are not feasible, cost-effective, or sufficient. Specifically, the EMP: . Identifies and summarizes all anticipated significant adverse environmental impacts (including those involving indigenous people or involuntary resettlement);

. Describes with technical details each mitigation measure, including the type of impact to which it relates and the conditions under which it is required (e.g., continuously or in the event of contingencies), together with designs, equipment descriptions, and operating procedures, as appropriate; . Estimates any potential environmental impacts of these measures; and . Provides linkage with any other mitigation plans (e.g., for involuntary resettlement, indigenous peoples, or cultural property) required for the project. (ii) Environmental monitoring during project implementation provides information about key environmental aspects of the project and the effectiveness of mitigation measures. This information allows for evaluation and corrective action to be taken when needed. The monitoring section of the EMP provides a specific description of monitoring measures, including the parameters to be measured, methods to be used, sampling locations, frequency of measurements, detection limits (where appropriate), and definition of thresholds that will signal the need for corrective actions; and monitoring and reporting procedures to ensure early detection of conditions that necessitate particular mitigation measures, and furnish information on the progress and results of mitigation. (iii) Capacity Development and Training: To support timely and effective implementation of environmental project components and mitigation measures, the EMP provides a description of institutional arrangements - who is responsible for carrying out the mitigatory and monitoring measures (e.g., for operation, supervision, enforcement, monitoring of implementation, remedial action, financing, reporting, and staff training). (iv) Implementation Schedule and Cost Estimates: For all three aspects (mitigation, monitoring, and capacity development), the EMP provides an implementation schedule for measures that must be carried out as part of the project; and the capital and recurrent cost estimates for implementing the EMP. (v) Integration of EMP with Project: The Proponent’s decision to proceed with a project, and the Bank's decision to support it, is predicated in part on the expectation that the EMP will be executed effectively. Consequently, the EMP needs to be specific in its description of the individual mitigation and monitoring measures and its assignment of institutional responsibilities, and it must be integrated into the project's overall planning, design, budget, and implementation.

8.3.2 NaMSIP ESMPs

Sub-projects developed under NaMSIP are geared towards enhancing social and economic benefits to the people living in the target areas and the Metropolitan in general. The sub-projects, however, should also observe environmental protection requirements in accordance to the established laws and regulations to ensure sustainability. To realize this goal, acceptability by a majority of the beneficiaries and minimal effects to the physical environment will require to be integrated in the overall project policies through constant consultations, evaluations and review of the design aspects throughout the project coverage.

It is recommended that guiding principles specific to each sub-project and the regulations governing the respective sub-project fields (water resources, roads infrastructure and waste management among other areas) be developed that will allow integration of environmental and social management considerations in the planning, construction, operations and ultimately decommissioning stages. Among the factors that need to be considered in sub-project implementation should include;

(i) Ensure prevention of pollutants discharge into the environment, (ii) Enhance integration of environmental, social and economic functions in the sub-project

implementation, (iii) Consider preventive measures towards possible social and economic disruptions that may arise from the sub-projects implementation in accordance with the laid down guidelines across the entire NaMSIP, (iv) The contractors and other players in the NaMSIP activities be prevailed upon to implement the EMP through a sustained supervision and continuous consultations,

8.3.3 Management Responsibilities

In order to implement the environmental and social management plan for every sub-project, it is recommended that a supervisor is identified to oversee integration of environment and social management aspects identified for the specific area. The supervisor would also be expected to coordinate and monitor environmental and social performance throughout the construction period and provide monitoring schedules for the operation phase. Other recommended participants could include the respective District Environmental Officers (stationed in the respective Counties), Water Authority Offices, Water Services Providers, the Physical Planning Offices as well as the respective Local Authorities among others.

The responsibility relationship is as follows;

(i) NaMSIP will be responsible for the coordination of activities and liaisons, particularly in regard to the identification of sub-project sites, construction and social linkages, (ii) The Sub-Project Implementation Committees will ensure that the contractor is observing all measures associated with water resources management rules, (iii) NaMSIP will liaise with the respective Environment Offices on matters of environmental and social nature. The beneficiary communities will be responsible for overseeing the implementation of environmental and social performance with the assistance of the informed stakeholders, (iv) It would be recommended that a Public Relations Person from NaMSIP is selected on the basis of ability to directly interact with the local communities on social, economic and cultural matters for long term sustainability of the intervention projects. In this regard, a stakeholder liaison committee could also be established for ease of communication of concerns to the project management. Stakeholder project liaison committees will be fully responsible for sensitizing the respective project beneficiaries and local stakeholders on matters associated with the project (v) The National Environmental Management Authority (NEMA) through the respective District Environment Offices at the Counties shall be responsible of surveillance of environmental and social aspects of the project implementation. It will be expected that the concerns will be communicated through the public relations person for prompt attention whenever they arise,

8.3.4 Environmental Management Guidelines

Upon completion and commissioning of the sub-projects, it will be necessary to establish appropriate operational guidelines on environmental and social management and linkages to enable the operators identify critical issues and institute appropriate actions towards minimizing associated conflicts. Basically, the guidelines should cover among other areas environmental and social management programmes, standard operation procedures, compliance monitoring schedule and environmental audit schedules as required by law. Social harmony of the facilities and associated component will be achieved through collaborations with the stakeholders or community management committees at various water points and ablution blocks.

It is recommended that the beneficiary communities and stakeholders must have an accountable structure that is in harmony with the NaMSIP and the Ministry’s organizational framework but with clear responsibilities, documentation and record keeping as well as resource accounting.

8.3.5 Environmental Education and Awareness Raising

NaMSIP, the stakeholders and the beneficiaries will need to understand basic principles on environmental resources, water, sanitation and hygiene issues associated with the respective sub- projects. In this regard, therefore, the following steps will need to be considered;

(i) Creation of liaisons on all matters related to environment, utilization of environmental resources including water, health and safety, sanitation and hygiene issues of the sub- projects, (ii) Encourage contribution of improvement ideas from the beneficiaries on specific issues related to the management of the sub-projects and associated facilities say through a questionnaires, direct interactions or other modes of communication, (iii) Establish initiatives that would instill a sense of ownership of the facilities and related components to all stakeholders and beneficiaries for long term sustainability and optimum benefits, (iv) It will also be necessary for all operators and stakeholders to be familiar with the established relevant policies and regulatory provisions.

8.3.6 Decommissioning Process

Almost all the sub-projects under NaMSIP are geared towards long term lifespan-intervention facilities and therefore, possibly to run for many years. However, should it be necessary to remove significant part or an entire facility under this project, a decommissioning audit will need to be undertaken between 6 months – 1 year before the process commences following a notice to decommission. The decommissioning process will be guided by a comprehensive decommissioning plan developed through the decommissioning audit process. However, the following features may require to be decommissioned upon completion of the works for which a decommissioning plan will be development for supervision;

(ii) Contractors’ camp sites and installations that will need to be removed without compromising on the safety and general welfare of the immediate residents. Special care to be given to associated wastes and dust emitted in the process, (iii) Materials stores that will comprise fresh materials and used items. Each category will be moved safely out of site ensuring minimal or no impacts to the related environment and social setting, (iv) Wastes and debris holding sites will be cleared with maximum re-use of the debris either on surfacing the passageways or other grounds such as schools and church compounds. (v) Small parts of the completed sub-projects for purposes of reconstruction or replacements.

8.3.7 ESMP Matrix

ESMP for a project will be better presented in a matrix form not only for ease of reading but also periodical improvement. The matrix will comprise of clear outline of the specific sub-project activities among them the key ones being following;

(i) Site selections (ii) Planning and design concepts (iii) Environment and social impacts assessment (iv) Land acquisition and compensations of PAPs (v) Clearance of project areas (vi) Construction of works (vii) Relocation of services where necessary (viii) Supervision of environmental and social supervision (ix) Environmental audits

The matrix is structured such as to address the following;

(i) Activities specific to a specific sub-project (ii) Environmental and social impacts anticipated on each sub-project activity (iii) Proposed mitigation actions to address each sub-project impact, (iv) Responsibilities, showing all the parties expected to have a role in the mitigation measures (v) Timeframe suitable for commencement of mitigation actions and frequency thereafter, (vi) Costs estimates for the mitigation actions established.

Table 15 below provides a general ESMP outline that could be adopted as a template matrix for specific sub-projects.

Table 15: ESMP Matrix Template

Sub-Project Anticipated Impacts Mitigation Actions Responsibilities Timeframes Aspects Sub-project . Prepare an environmental and social development and statement on the basis of the sub-project formulation Uncertainty of concept as part of the project formulation compatibility to the . NaMSIP During planning prior environment and social . Identify all compliance requirements (policy to project acceptability of whole or and legal provisions) of the specific sub- . Experts registered with commencement parts of the sub-project projects and prepare a compliance reference NEMA register

. Study possible alternatives to the proposed sub-projects and site locations Project design, . Undertake comprehensive environmental and . NaMSIP approval and social impact assessment (ESIA) study in implementation accordance with the NEMA regulations as well . Registered ESIA Expert as the World Bank environmental and social During project safeguards, . NEMA for sub-projects planning and design approvals stages Potential direct, indirect, . Prepare comprehensive environmental and temporary and social management plan permanent impacts to Consider also the environmental and . Illustrate impacts associated with project social settings alternatives . Specific sub-projects Management . Establish the environmental and social baseline conditions including environmental . Participation of beneficiary measurements, social settings and economic communities trends . Participation by relevant . Ensure the project passes all levels of stakeholders approval at the local environmental Authorities . Identify the stakeholders potentially affected . NaMSIP sub-projects by the sub-project Implementation Management. . Prepare and conduct appropriate stakeholder consultations and register their fears, views . Local Authorities Social opinions and and opinions During sub-project

Sub-Project Anticipated Impacts Mitigation Actions Responsibilities Timeframes Aspects suggestions . Community Groups planning and design . Integrate stakeholder concerns into the sub- stages project deigns and implementation . Local leadership

. Involve all beneficiary community in the design and implementation of the sub-projects Projects sites . Prepare an inventory of plant species at the clearance, site sites of the projects preparation and Loss of vegetation . NaMSIP sub-projects Upon project cover including forests, . Integrate a re-vegetation programme for Management commencement of implementation wood lots, compensation of the lost vegetation upon sub- the project project completion . Collaboration with KFS implementation

. Undertake planting of relevant vegetation in all sub-project locations and ensure survival of the same

. Natural forests can only be interfered with upon consultations and appropriate permits obtained Water Resources . Identify the baseline conditions of the water . NaMSIP sub-projects Initiate action upon degradation including resources affected (flows, water quality, water Management commencement of rivers, streams, use, etc.) the project wetlands, etc. . Collaborations with Water . Protect the water resources from physical Authorities (Athi Waster encroachment of destruction from project Services Boards and activities (road construction, waste collection Respective Water Service and transfer, excavations for drainage Provider construction, siltation, etc.)

. Ensure no pollutant discharge into water sources from project activities,

. Prepare and implement a water resources restoration plan upon completion of the sub- project Wetlands systems (for . No encroachments into wetland systems or . NaMSIP specific sub- All through the project projects within wetland inlet streams under any circumstances projects Management implementation

Sub-Project Anticipated Impacts Mitigation Actions Responsibilities Timeframes Aspects areas) period . Any wetland resources desired should only be . Water Resources used upon consultations and permits Management Authority (WRMA) for surveillance Soil quality and loss . Undertake soil quality baseline conditions All through the project (especially on waste through sampling and measurements . NaMSIP specific projects implementation management projects) (nutrients, heavy metals, other parameters to and specifically waste period be determined) management projects.

. Provide soil erosion control for all the areas . Soil Quality Expert affected by the sub-project. Air Pollution (dust and . Undertake baseline air quality baseline emissions) conditions through physical measurements . NaMSIP projects’ During construction . Integrate dust control in all areas covered by Managers including waste period the sub-project management and road construction initiatives. . Ensure sub-project machinery are in good working conditions at all times, . Health and Safety Expert

. Integrate compliance plans with air quality regulations into the sub-project implementation Pollution from Waste . Establish waste characteristics associated . NaMSIP projects in waste Management with specific sub-project implementation and management initiatives During project methodologies operation construction period . Local authorities . Identify existing waste management systems and mechanisms in the sub-project areas . Waste Management Expert . Establish waste pathways from the sub- project areas to destinations . Waste handlers where they exists . Encourage waste recycling where possible

. Propose modes and prepare waste management plan for the waste generated from the sub-projects,

Sub-Project Anticipated Impacts Mitigation Actions Responsibilities Timeframes Aspects Noise and vibrations . Establish the baseline noise levels at the sub- projects’ areas including existing sources of All NaMSIP sub-projects will During project noise need to observe low noise construction period levels during construction . Identify potential sources of noise in the sub- project implementation Health and Safety Expert (for advise) . Prepare and implement a noise control plan for the sub-project implementation . Take stock of the social and social impacts for all aspects of the sub-project implementation

. Undertake a review of the social impaacts established under the ESIA process Potential social disruptions . Implement the social impacts mitigation . NaMSIP Sub-projects (displacements, measures Implementation To be accomplished economic disruptions, . Delineate the sub-project coverage and Management during the planning institutional disruptions, affected social, economic and institutional and design stages features affected . Local Authorities and before implementation . Undertake a Resettlement Action Plan . RAP Expert commences (abbreviated or full RAP) with displacement and compensation strategies . Beneficiary community leadership . Involve all affected entities (individuals and groups - PAPs) through consultation forums on relocation modalities Moral values and social . Enhance social sensitization and awareness . NaMSIP Project During the project disease infections on social morals and associated implications Management construction period (influx of people with different moral values, . Undertake related baseline data and . Health Agencies with prostitution, HIV/AIDS, intervention plans for integration into the sub- respective project areas etc.) project implementation . Health and safety expert . Collaborate with national HIV/AIDS control initiatives for the sub-projects

Sub-Project Anticipated Impacts Mitigation Actions Responsibilities Timeframes Aspects Cultural features (grave . Identify any cultural features in all the project . NaMSIP Sub-project During project yards, cultural locations and the associated communities, management for initiatives construction period conservation sites, within neighbourhoods of traditional sites . Propose measures to deal with the cultural features and established cultural features including sensitive areas possible alterations to the project design and implementation plans . Department of Culture and Social Services for . Consult on significant of any cultural and surveillance traditional sites and viability of proposed alternatives

. Undertake to meet related cost Sub-projects Environmental clean-up . Decommission the sub-project construction completion and camp(s) operations . NaMSIP sub-project . Upon completion . Clean-up the environment of wastes Management of the sub-project associated with the sub-projects construction Environmental and . Undertake environmental and social audit . NEMA Registered Lead social interactions during operations in accordance with Expert . Initial operation during operations established regulations stages

. Consult stakeholders on their opinions and suggestions Decommissioning Environmental and . Undertake a decommissioning audit and Stages (all or social implications for develop a decommissioning plan at least 6 . Notification to sections of the removal or all of the months before decommissioning decommission 1 projects) sub-projects Sub-project management year prior . Undertake decommissioning through (Process not well supervision using the decommissioning plan . Decommissioning addressed under the audit 6 months national legislation) . Monitor the environmental and social process prior on post-decommissioning monitoring plan

Note: To be reflected on the matrix for actual sub-projects will be the Clear project stages, Cost Estimates and Specific Monitoring Indicators for success in environmental integration

Chapter 9: Conclusions and Recommendations

9.1 Conclusion

The following conclusions have been drawn following on the scenarios discussed under this report;

1. The NaMSIP project addresses areas of key public interest including waste management, water supply, access roads and markets among others as outlined in the Project Concept Note (PCN). The intervention areas are in total agreement with the Kenya Vision 2030 and reflected in the Nairobi Metro 2030,

2. At the time of this ESMF development, no specific sub-projects had been developed under the project categories. It was, therefore, not possible to undertake specific environmental and social impact assessments for any sub-project. The ESMF is a strategic document to guide the whole project on environmental and social management issues and a framework for sub-projects selection, design and implementation,

3. Nairobi Metropolitan Area spans a diverse environmental and social scope determined by the varying geographical, topographical, climatic conditions, socio-cultural and economic settings. The northern, southern and eastern zones have different characteristics in this regard and hence varying characteristics for sub-projects linkages. Impacts associated with sub-projects, therefore, would be assessed based on the specific baseline environmental and social conditions.

4. Environmental and social setting in Nairobi Metropolitan Region is dynamic and likely to change drastically over time as social and economic aspects change. This may affect land use changes, cultural integration, resources availability and utilization, income generation and factors affecting the physical and biological environment

5. NaMSIP components provide a range of intervention sub-projects whose mandate falls under other institutions such as transportation, water projects, waste management, etc. This implies there are potential conflicts during the implementation if appropriate involvements ands and collaborations are not properly undertaken

6. With increasing demand for land in most parts of the metropolitan, social conflicts over settlements and economic activities are likely. While appreciating the desire of the sub- projects to minimize displacement of people, limited interference cannot be ruled out, a situation that calls for early engagement of the affected people, creation of ownership and prompt compensation where necessary

7. The project institutional framework is key for success of the sub-projects implementation. While the ministerial organizational framework is clear, the grassroots structure is not very clear to the extent where the various players get involved.

8. It is notable that budgeting process for the sub-projects has not been integrated into this ESMF report. This is to allow adoption of the existing procedures within the Ministry of Nairobi Metropolitan Development in this regard.

9.2 Recommendations

1. The ESMF is expected to be dynamic and likely to change over time. It is, therefore, expected that the document will need to be reviewed at least annually to continually address the changing environmental and social settings. This would, particularly be important with changing legal framework as the situation is evolving with implementation of the new Constitution,

2. Upon development and formulation of specific sub-projects, appropriate Terms of Reference for ESIAs will need to be developed and appropriate experts engaged to develop specific ESMPs for the sub-projects implementation. The ToRs will need to be fully guided by the ESMF in order to address all environmental and social issues associated with the specific sub-project. At the national level, ESIA studies are undertaken by Experts registered and recognized by the National Environmental Management Authority,

3. With communities being the main beneficiaries of the intervention projects, ownership is extremely important. Stakeholders’ participation and public consultations should be integrated across the entire project implementation process through consultation forums and rapid interviews. Public disclosure is among the forums for involvement of the stakeholders at all levels.

4. Having appreciated the roles of core players in the various sectors where intervention projects are taking place, it will be necessary to incorporate the respective Agencies in the formulation and design of the respective sub-projects and also bring them on borad during the implementation phases. Among the key players likely to be involved include the Road Sectors, Water Sectors Players, Local Authorities, etc.

5. As noted earlier, among the sub-projects are likely to have a multiple linkages with the environmental and social issues. For this reason, it will be necessary to consider integrated approach for all the intervention projects for enhanced long term sustainability and value adding to the beneficiaries.

6. It will be necessary to establish a comprehensive and all-inclusive sub-project implementation structure to be applied in the project components. A sample outline has been proposed under this ESMF report.

References

1. Republic of Kenya, Ministry of Nairobi Metropolitan Development of a Spatial Planning Concept for Nairobi Metropolitan Region, February 2011 2. Wachira M.George Vindicating Indigenous Peoples’ Land Rights in Kenya, 2008 3. GOK, National population Census Report (2009) 4. Ministry of Nairobi Metropolitan Development, 2008; Nairobi Metro, 2030, 5. Ministry of Nairobi Metropolitan Development, 2009; Strategic Development Plan, 2009 – 1013 6. World Bank Project Concept Note 7. World Banks ESMF Tool Kit 8. Republic of Kenya, 1999; Environmental Management and Coordination Act, 1999, 9. Republic of Kenya, 2002; Water Act, 2002, 10. Various National Policies 11. World Bank Safeguards Operational Procedures 12. Republic of Kenya Vision 2030 13. Republic of Kenya, 2009, National Population Census and Economic Report 14. Republic of Kenya Environmental Management and Coordination Act 1999 15. Republic of Kenya Land Control Act 16. Republic of Kenya Local Government Act 17. Republic of Kenya Physical Planning Act 18. Republic of Kenya Public Health Act 19. Republic of Kenya Water Act 2002 20. Tchobanoglous, G.; Theisen, H.; and Vigil, S. (1993). Integrated Solid Waste Management. New York: McGraw-Hill. 21. Municipal solid waste management challenges in developing countries – Kenyan case study. Rotich K. Henry, Zhao Yongsheng*, Dong Jun. College of Environment and Resources, Jilin University, Changchun 130026, China. 2005 22. World Bank Group Environmental, Health, and Safety Guidelines

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