Summary of the Preliminary Study for Grant Aid Project (draft)

1. Title of the Cooperation Project The New Gateway Road Upgrading Project in the Republic of

2. Categorization and its Reason 2.1 Categorization: Category B 2.2 Reason: (1) There are two religious facilities encroached to the right-of-way (ROW). A number of street traders in and around the road reserve need to be relocated. However, no involuntary resettlement is foreseen due to the project. Responsible and implementing agencies, Ministry of Roads (MOR) and Kenya Urban Road Authority (KURA), have paid due consideration to the PAPs (Project Affected Persons) such as compensation. (2) Any significant negative impacts are not expected due to the project because there will be no land reclamation, land development and land clearing. (3) The proposed project is required an EIA (Environmental Impact Assessment) in accordance with the Environmental Management and Co-ordination Act, 1999 and the Environmental (Impact Assessment and Audit) Regulations, 2003.

3. Outline of the Location 3.1 Social Environment (1) Project site The project site is located in Division, Changamwe District in , as shown in Figure 1, and belongs to Municipality Council of . The area of Changamwe District is 54.5km2. Changamwe Division is composed of three Locations, namely, Changamwe, Chaani and .

(2) Demography According to the 2009 census, the population of Changamwe District was 131,552 and the number of household was 40,984. The female and male population accounted for 47.1% and 52.9% respectively. The population density of Mombasa Municipality was 3,192 persons per square kilometer in 2001.

(3) Land Use The area along the project roads is residential and commercial zones. There are no agricultural land and nature parks along the roads. A large number of carriers have Container Freight Station (CFS) along Port Reitz Road. There are many plants within the Locations such as a refinery, an oil-fired power plant and port related industries.

(4) Social Infrastructure and services There are 80 primary schools (20 public and 60 private) and 15 secondary schools in Changamwe Division. Seven churches and three mosques are found along the project roads. Residents in these Locations use to go daily shopping to the market at Kongowea, mainland north by minibus (matatu). Any cultural heritage and monument do not exist in the Chamgamwe Division.

Figu re 1 Map of the Project Site

The main sources of water supply in Mombasa District are the Mzima Spring and Baricho Water works. In general, there is a shortfall of about 35 % of the daily water demand, which is met by tapping the groundwater sources. Therefore, a significant proportion of the population relies on groundwater for their potable water needs. Also, many water venders can be found along the streets in Changamwe.

(5) Regional economy and employment Statistical Abstract 2009 shows that the percent of wage employment by industry in Mombasa in 2007 was high in manufacturing (20%) and transport and communication (23%), and low in agriculture and forestry (less than 1%). These percentages may indicate characteristics of a port industrial city of Mombasa.

The unemployment rate of Coast Province was estimated to be 11.7%.

(6) Poverty According to “Geographic Dimensions of Well-Being in Kenya, Central Bureau of Statistics, Ministry of Planning and National Development (2007)”, the poverty line is determined and based on the expenditure required to purchase a food basket that allows minimum nutritional requirements to be met (set at 2,250 calories per adult equivalent per day) in addition to the costs of meeting basic non-food needs. In Kenya, this poverty line was estimated to be 1,239 Ksh and 2,648 Ksh for rural and urban households respectively. The estimated percent of individuals below the poverty line (2,648 Ksh) of Changamwe Division is 48% (Changamwe Location 40%, Port Reitz Location 43% and Chaani Location 46%).

(7) Sanitation In Mombasa City a quarter of the city is covered by sewerage. In Changamwe Division only a portion of the areas along the Old Mombasa-Nairobi Road and Airport Road are sewered. Where this is available, lack of a treatment plant results in the direct discharge of wastewater into the ocean. In the unplanned houses, use of septic

tanks and pit latrines is common. Like the soakage pits that serve the septic tanks, most of the pit latrines are sunk to the water table to prevent them from filling up fast. This results in the direct contamination of groundwater resources with sewage.

(8) Medical care There are two public hospitals in Changamwe Division. Port Reitz District Hospital is located at the end of Port Reitz Road. The hospital operates a mental institute, a children's hospital and medical training centre.

According to Statistical Abstract 2009 (Kenya National Bureau of Statistics), the leading cases of outpatient morbidity for 2008 for over 5 years in Coast Province were Malaria (29%), respiratory diseases (23%), skin diseases (8%) and diarrheal diseases (6%).

(9) HIV/AIDS The estimated population of adult ages 15-64 years in 2007 was 20 million, according to Government projections from 2006. With a national HIV prevalence of 7.1%, Kenya had an estimated 1.4 million adults living with HIV in 2007. Looking at the estimated prevalence by province, Nyanza has the highest 14.9%, Nairobi is the second 8.8%, and Coast is 8.1% (Female: 9.5%, Male: 6.3%).

3.2 Natural Environment (1) Cilmate Climatic variations in Mombasa district are attributed to the SE Monsoon winds (April and September) and the NE Monsoons (October to March), and the oceanic influence. Temperatures in the coastal areas are moderate, with the mean minimum and maximum ranging between 22º C and 33ºC, at the highest particularly around March. The mean rainfall in the coast region ranges from 1,397 mm in the south decreasing to 889 mm in the north and occurs in two periods. The rains occur during the inter-monsoonal period, with the long rains starting from March to June, while the short rains occur from October to December.

(2) Biodiversity, Flora and Fauna According to Kenya Wildlife Service, there are two National Reserves in Coast Province: Mombasa Marine National Park and Reserve and Shinba Hills National Reserve. Upstream of Port-Reitz Creek, mangrove ecosystem still remains. Observing the present fishing activities in this area, regional aquatic ecosystem is still kept in productive condition. The project site is classified into an “Urban and built-up areas”. No environmentally sensitive areas, such as coral reef, mangrove, and biological sanctuary are involved.

3.3 Environmental Concerns and Pollution Control (1) Air pollution Residents along the project roads in Changamwe Division are suffering from the dust stirred up by container trucks. There are several air pollutants emission sources in the Locations such as the refinery, oil-fired power plant and fire at landfill site. However, no monitoring data of ambient air quality is available and because Air Quality Regulations have not been effective.

(2) Noise and vibration Another issue of automobile pollution is noise and vibration. However, monitoring data of noise and vibration is

also not available.

(3) Waste Municipal solid waste is dumped at Kibarani landfill site along to . This site has been almost filled up and causes environmental problems such as fumes and coastal water pollution due to the uncontrolled leachate. The landfill site is planned to be relocated to Mwakirunge from Kibarani.

The solid waste is illegally dumped on the shoulder and in ditches of the project roads. The drainage facilities have insufficient capacity and are blocked up with the dumped garbage. During the storm, flooding often makes paddles on the shoulder.

(4) Water and sediment pollution Mombasa district has no permanent rivers. Low sewerage coverage and lack of a treatment plant results in the direct discharge of untreated wastewater into the ocean. In addition, coastal water and sediment qualities might be degraded by industrial effluent and oil spill and leakage from port facilities. However, monitoring data of water and sediment qualities is insufficient to discuss the current condition of costal water body.

(5) Heavy traffic congestion and traffic accidents The present transport infrastructure is inadequate to meet the increasing traffic demand in the Mombasa Port area. An inadequate supply of the road capacity, road structure and traffic control system have been causing heavy traffic congestion.

The Changamwe Roundabout is congested due to traffic flows from the exiting Mombasa Port to the new and old Mombasa-Nairobi Roads, especially at rash hours of large vehicles. Container truck’s turning and parking along Port Reitz Road often blocks traffic and even the ambulance for over half an hour. Because several cars run through the shoulder and the opposite lane, pedestrians are always exposed to risk of collisions. Due to heavy traffic at the intersection of Old Mombasa-Nairobi Road and Air Port Road, a waiting line often reaches over one kilo meter.

4. Legal Framework of Environmental and Social Considerations 4.1 Laws and regulations (1) Environmental Management and Conservation - The Constitution of Kenya - Environmental Management and Co-ordination Act, 1999 (EMCA) - Water Act, Wildlife (Conservation and Management) Act, Forests Act, Lakes and Rivers Act, Public Health Act, Occupational Safety and Health Act, Local Government Act, etc.

(2) Environmental Regulation and Standards - Environmental Management and Co-ordination (Water Quality) Regulations, 2006 - Environmental Management and Co-ordination (Waste Management) Regulations, 2006

(3) Environmental Impact Assessment - Environmental Management and Co-ordination Act, 1999 - Environmental (Impact Assessment and Audit) regulations, 2003 (EIAAR) - Environmental Impact Assessment Guidelines and Administrative Procedures (draft), 2002

(4) Land tenure and land use - Land Control Act, Government Land Act, Registration of Titles Act, Registered Land Act, Trust Land Act, Physical Planning Act, Land Planning Act, Land Acquisition Act, Wayleaves Act, etc.

4.2 Projects subject to the provisions on Environmental Impact Assessment Major development works including road construction project require an Environmental Impact Assessment (EIA) in accordance with the EMAC and the EIAAR.

4.3 Procedure of EIA 1) All of the environmental impact assessment activities in Kenya should be carried out by “Lead Expert” registered with the National Environmental Management Authority (NEMA). 2) An EIA expert entrusted by project proponents should elaborate a “Project Report” as a project proposal containing the outline of the project and identifying the potential environmental impacts and submit it to NEMA. 3) NEMA examines the “Project Report” and it is required to comment on the report within 45 days. 4) Based on NEMA’s comments on the “Project Report”, the proponent is to implement the project. 5) If EIA study was requested to carry out, “Terms of Reference” which contains basic requirement of the EIA guidelines should be prepared by the project proponent and submitted to NEMA for approval. There is no fixed period for comment by NEMA but might take for 45 - 60 days in general. 6) EIA report, which usually runs for 3 - 6 months depending on the covering area and intensity of study, the following should be covered by the registered lead experts of EIA in Kenya. - Sources of impact; - Project inputs; - Project activities; - Area of impacts on the natural and human environments; - Environmental impacts (impacts on the natural and human environments); - Environmental guidelines and standards (National legislation, international guidelines, international conventions and treaties); - Mitigation measures; - Environmental management plan; and - Environmental monitoring and auditing. 7) Upon receipt of EIA report, NEMA assesses it within 60 days for further comments unless otherwise EIA license issued.

4-4 Information Disclosure and Public Participation According to the EIAAR, the public consultation is a pre-requisite to all the projects to provide various stakeholders with an opportunity to raise their concerns from the project scoping stage to the approval of EIA License. Provision of intense public participation and consultation has been made mandatory for EIA through public consulting during scoping and public audience after draft report preparation. Such participation of the relevant stakeholders takes place through entire period of preparation and reviewing of both the Project Report and EIA Study Report.

5. Outline of Relevant Agency and Institution which implement Project, EIA and so on 5.1 Responsible and Implementing Agencies of the Project The responsible agency is the Ministry of Roads (MOR). The vision of the MOR is to attain and sustain world class roads infrastructure to enhance socio-economic development. The mission of the MOR is to facilitate provision, maintenance and management of quality roads infrastructure in support of Kenya Vision 2030 aspirations. The implementing agency is the Kenya Urban Roads Authority (KURA). The KURA is a State Corporation under the MOR established by the Kenya Roads Act, 2007 with the core mandate of management, development, rehabilitation and maintenance of all public roads in the cities and municipalities in Kenya except where those roads are national roads.

5.2 Agency setting the principles and procedures for Environmental Impact Assessment The NEMA is established under the Environmental Management and Coordination Act, 1999 as the principal instrument of government in the implementation of all policies relating to the environment. The NEMA set the principles and procedures for Environmental Impact Assessment (EIA) and Environmental Audit (EA) of the projects. Compliance and Enforcement Department is in charge EIA and EA. The main functions of the department are as follows (Source: Web Site, NEMA). • Formulation of regulations and setting up standards; • Issuance of licenses or permits to operators; • Monitoring and inspecting activities to ensure regulatory compliance, license or permit conditions are being adhered to; • Taking appropriate enforcement action in cases of non-compliance or breach of license/permit conditions; • Identifying projects and programmes, plans and policies for which environmental audit or environmental monitoring must be conducted under the Act; • Ensuring EIAs and EAs are conducted to guide development activities through licensing and provide improvement guidelines for existing projects; • Providing technical input to development of environmental regulations and standards; conducting regular inspections of facilities and premises to enforce compliance with legislations; • Initiating and evolving procedures and safeguards for the prevention of accidents which may cause environmental degradation and evolving remedial measures where accidents occur; • Promoting programmes and projects for effective and efficient management and use of cleaner production technologies.

6. Outline of the Project, Analysis of Alternatives 6.1 Proposed Project (1) Objective of the Project The objective of the project is to contribute to reduction of traffic jam and promote smooth distribution, through the expansion of the New Gateway Road in City of Mombasa in the Republic of Kenya, and to enhance the economic development of the Republic of Kenya and the neighboring countries.

(2) Project Site The Project site is located in City of Mombasa, as shown in Figure 1.

(3) Responsible and Implementing Agencies The responsible organization is the Ministry of Roads (MOR). The implementing organization is Kenya Urban Roads Authority (KURA).

(4) Beneficiaries Direct beneficiaries: Citizens of Mombasa including residents in Changamwe Division (about 900,000 people) Indirect beneficiaries: Citizens of Kenya and the neighboring countries (about 120 million people)

(5) Items requested The request is for the expansion of the New Gateway Road: from Mombasa New container Terminal to Changamwe Roundabout (Four lanes will be implemented). The contents are as follows: 1) Widening and improvement of the existing road which connects the new container terminal of Mombasa Port to Changamwe Roundabout; 2) Improvement of the intersection including installation of traffic lights; and, 3) Installation of road drainage facilities along the project roads.

6.2 Analysis of Alternatives The alternatives including a zero option (without-the-project) case were comparatively evaluated in terms of economic viability, construction schedule, and environmental and social consideration.

(1) Zero option case The existing project roads are congested with container trucks. These roads are also used by residents for commuting to school, office and hospitals etc. These functions are being lost due to traffic jam. Therefore, without the project, it is difficult to improve the situation and to contribute to the economic development of local communities.

(2) Alternatives Five alternative routes between the access road of the New Container Terminal and Old Mombasa-Nairobi Road were examined. Four alternatives utilize the existing roads by widening to four lanes. One alternative is to construct a new road on the coast of Port Reitz Creek as a mid-and-long term plan. The comparison of five alternatives is summarized in Table 1.

1) Alternative-1 ¾ Port Reitz Road ↔ Air Port Road ↔ Old Mombasa-Nairobi Road (Changamwe Roundabout) • The ROW for widening to 4 lanes on the existing roads is secured. Therefore, no involuntary resettlement is foreseen due to the land acquisition. 2) Alternative-2 ¾ Port Reitz Road ↔ Air Port Road ↔ Old Mombasa-Nairobi Road (westward) ↔ Mombasa-Nairobi Road • The ROW for widening to 4 lanes on the existing roads is secured. Therefore, no involuntary resettlement is foreseen due to the land acquisition. A shorter route, but the length of road upgrading is longer than Alternative 1.

3) Alternative-3 ¾ Port Reitz Road ↔ Air Port Road ↔ Refinery Road↔ Old Mombasa-Nairobi Road (westward) ↔ Mombasa-Nairobi Road • Separate container transport routes from the air port access road. In order to widen Refinery Road to 4 lanes, land acquisition will cause a large number of PAPs due to involuntary resettlement. 4) Alternative-4 ¾ Port Reitz Road ↔ Air Port Road ↔ ROW of Oil Pipeline ↔ Old Mombasa-Nairobi Road (westward) ↔ Mombasa-Nairobi Road • Separate container transport routes from the air port access road. Special road structure for protecting the oil pipelines will be needed to construct the road. Land acquisition might be necessary. 5) Alternative-5 ¾ Construction of a new road directly from the New Container Terminal to Mombasa-Nairobi Road on the coast of Port Reitz Creek • A mid-and-long term plan. Detail surveys will be needed to determine the routed to minimize the impacts on natural environment on the coast of Port Reitz Creek.

Table 1 Comparison of Alternatives Environmental and Overall Rating Construction Construction Social Conditions Alternatives Cost Period (Impacts on Social Environment 1) ○ ○ ○ ○ 2) △ △ ○ △ 3) △ △ × △ 4) × × △ × 5) × × ○ ×

Rating Construction cost: ○: low, ×: high Construction period: ○: short, ×: long Impacts on social environment: ○: less impact, ×: large impact

6.3 Selected Project The project road was selected for the following reasons: 1) The lowest construction cost; 2) The shortest construction period to meet the opening of the New Container Terminal of Mombasa Port; 3) The least adverse impacts on environment and social conditions of local communities. That is, to avoid involuntary resettlement and unnecessary land acquisition.

The selected road upgrading route (4 lanes will be implemented): A) Old Mombasa-Nairobi Road (Changamwe Roundabout ↔ the intersection of Air Port Road): 0.7 km B) Air Port Road (the intersection of Old Mombasa-Nairobi Road ↔ the intersection of Air Port): 1.0 km C) Port Reitz Road (the intersection of Air Port ↔ the access road of the New Container Terminal): 1.3 km

Traffic safety measures: 1) Improvement of the intersection including installation of traffic lights. Adding one lane at Changamwe Roundabout, and right and left turn lanes at intersections of Air Port Road and Port Reitz Road. 2) Installation of road drainage facilities and sidewalks along the project roads. Median strip planting and street lights on A and B blocks. 3) Installation of road signs, markings and stripes.

7. Adverse Environmental and Social Impacts 7.1 Adverse Impacts The likely adverse impacts that may be caused by the proposed project are summarized in Table 1.

Table 2 Result of Scoping for the New Gateway Road Upgrading Project No Impacts Rating Brief Description Social Environment: Regarding the impacts on “Gender” and “Children’s Right” might be related to all criteria of Social Environment. 1 Involuntary Resettlement B There are a church, a mosque and a four-stories-building which are encroached to ROW of Port Reitz Road. It was notified that a part of buildings was necessary to be demolished in 2007. However, Agreement has not been obtained since a demolition exemption was requested from the mosque. The Kenyan side says that they will consider the resolution through the talks with these religious organizations. There is no illegal occupation on ROW of Air Port Road and Mombasa-Nairobi Road. Land acquisition may be needed at two intersections due to their improved configuration. 2 Local economy such as B There are about 60 kiosks and 60 stalls at the roundabout and intersections on the employment and livelihood, project roads. These small-scaled traders in road reserve need to be relocated. The etc. Kenyan side says that they will examine the compensation policy, following the precedent such as Nairobi Missing Links Project. Therefore, significant impact is not anticipated. 3 Land use and utilization of C ROW for the road upgrading project has been secured. local resources However, businesses of the small-scaled traders have been observed on the road reserves. Land acquisition may be needed at two intersections due to their improved configuration. There will be no parking space for container trucks on the shoulder of the project roads after completion of the upgrading work, and trucks must park at designated lots. 4 Social institutions such as C Connection between communities is expected to be enhanced by the upgrading social infrastructure and project because the function of the roads such as the commuting and going to local decision-making school will be improved. institutions Community severance is not assumed since the Locations are divided by the roads. However, at the construction phase, it is necessary to secure the function of community road. 5 Existing social B Traffic jam is likely to occur at the construction phase, especially around the infrastructures and services intersections. The upgrading project may contribute to securing the function of community road and improving safety and convenience of the livelihood of communities. 6 The poor, indigenous and C There are no indigenous and ethnic people in and around the project site. ethnic people There are approximately forty poor charcoal dealers and food stalls outside of the road reserve of Old Mombasa-Nairobi Road. They are covered by a 100-meter wall so as not to be seen by tourists. Their relocation due to the project should be avoided in principle. The response of Kenyan side should be confirmed at the following B/D phase.

7 Misdistribution of benefit C Due to the relocation of small-scaled traders and land acquisition at the and damage intersections, some adverse impacts are foreseen. However, there may be little possibility of misdistribution of benefit and damage because the project is expected to bring the communities the benefit. 8 Cultural heritage B There is no cultural and historical heritage at the proposed project site. A part of the building of the mosque and the church has been encroached into the ROW of Port Reitz Road. In addition, many religious facilities exist along the project roads. Therefore, special considerations should be needed at the construction phase. 9 Local conflict of interests C The proposed project is supported by the communities and stakeholders according to the interview surveys. However, a local conflict of interests may arise if the Kenyan side will not consider the appropriate compensation policy for PAPs. 10 Water Usage or Water Water rights, fishery right and rights of common do not exist, since the project Rights and Rights of roads have been already established. Common 11 Sanitation B Sanitary conditions might become unfavorable if enough portable toilets are not provided. Puddles around the construction site may turn to a breeding ground of sanitary pests such as mosquitoes. 12 Hazards (Risk) B Most of construction workers will be hired locally. However, countermeasures for Infectious diseases such as prevention of infectious diseases such as HIV/AIDS will be necessary. HIV/AIDS Natural Environment 13 Topography and No impacts are expected. Geographical features 14 Soil Erosion B Improper land cut and land mound are likely to cause soil erosion during heavy storms. 15 Groundwater C There is insufficient information on local usage of groundwater. Groundwater might not used for construction work. However, underground facilities such as water distribution mains are likely to be damaged by construction work. 16 Hydrological Situation No impacts are expected since there are no rivers and lakes in the project site. 17 Coastal Zone (Mangroves, No impacts are expected since the project site is not planned in the coastal zone. Coral reefs, tidal flats, etc.) 18 Flora, Fauna and B None of nature reserves and parks is located in Changamwe Division. Any Biodiversity threatened species of flora and fauna are not seen in and around the project site. About ninety native trees scattered on the shoulders of the projects roads may be cut off at the construction phase. 19 Meteorology No impacts are expected. 20 Landscape B Residents and workers of the container depots have a rest under the shade of trees. However, during the construction period, cutting trees may take away the place for a rest. 21 Global Warming C Greenhouse gas (GHG) emission might increase: due to the operation of construction vehicles at the construction phase, and due to the increase of traffic such as container trucks. However, extent of impact on global warming is unknown at present stage. Pollution Control 22 Air Pollution B Air pollutant emission might increase: due to the operation of construction vehicles at the construction phase, and due to the increase of traffic such as container trucks. However, reduction of traffic jam is expected to contribute to emission abatement. The ambient air quality is not monitored since the air quality regulations have not yet been effective. 23 Water Pollution B During a storm at the construction phase, turbidity of the coastal body might increase because of topsoil erosion. Oil and grease emitted from ill-serviced

construction machines and heavy vehicles might also degrade marine water quality. Sewerage covers only a part of the project site and untreated municipal and industrial wastewater is discharged to the coast through drainage channels. At the operation phase, rainfall runoff may flush garbage and degrade marine water quality. 24 Soil Contamination B Oil and grease emitted from ill-serviced construction machines and heavy vehicles might contaminate soil along the project roads. There is no agricultural land in the vicinity of the project roads. 25 Waste B Construction work may generate solid waste such as removed asphalt, soil and sand of the existing roads. Construction workers may also create additional garbage. Waste generation should be properly reduced by reuse and recycle. At the operation phase, illegal dumping may damage the drainage ability of road drains. 26 Noise and Vibration B The levels of noise and vibration may increase with construction vehicles at the construction phase and with container trucks at the operation phase. There are no baseline data of noise and vibration at the project site. 27 Ground Subsidence No impacts are expected. 28 Offensive Odor B Offensive odor might be emitted with exhaust gas from construction vehicles at the construction phase and from container trucks at the operation phase. 29 Bottom sediment B Sewerage covers only a part of the project site and untreated municipal and industrial wastewater is discharged to the coast through drainage channels. At the operation phase, rainfall runoff may flush garbage and contaminate the sediment along the coast. 30 Accidents B Traffic accidents are likely to occur due to the increase of construction vehicles at the construction phase and container trucks at the operation phase. On the other hand, the pedestrian safety may be secured since planed sidewalks will prevent illegal parking of trucks. Rating: A: Significant impact is expected. B: Some impact is expected. C: Extent of impact is unknown. (Examination is needed. Impacts may become clear as study progresses.) No Mark: No impact is expected. IEE/EIA is not necessary.

7.2 Adverse Impacts at each phase Adverse impacts that may be caused by the activities of proposed project at planning, construction and operation phases are shown in Table 2.

Table 3 Impact matrix for the New Gateway Road Upgrading Project Planning Construction Operation Phase Phase Phase

d gates, ll s, to d oa R

f on o i onstruct Overall Rating No. Likely Impacts arking lots, and other related facilities Restriction in construction Traffic area Increase of Through Traffic an Appearance/ Occupancyof Roads related building structures Increasing influx of settlers Land acquisition Change of Land use plan, Control of various activities etc. Wetland, Reclamation of Cutting Trees Alteration to ground by cut land, filling, drilling, tunnel, etc. Operation of Construction Equipment and Vehicles C p 1 Involuntary Resettlement (Relocation of BB small-scaled traders) 2 Local economy such as employment and BBB B livelihood, etc. 3 Land use and utilization of local resources CCC C C 4 Social institutions such as social infrastructure and local decision-making C C C C C C C institutions 5 Existing social infrastructures and services B B B B B 6 The poor, indigenous and ethnic people C C 7 Misdistribution of benefit and damage CCC C 8 Cultural heritage B B B B Social Environment: 9 Local conflict of interests CCC C C 10 Water Usage or Water Rights and Rights of Common 11 Sanitation BB 12 Hazards (Risk) B B Infectious diseases such as HIV/AIDS 13 Topography and Geographical features 14 Soil Erosion B B B 15 Groundwater (Underground facilities) C CCC 16 Hydrological Situation 17 Coastal Zone 18 Flora, Fauna and Biodiversity B B B 19 Meteorology Natural Environment 20 Landscape B B B B 21 Global Warming C C C 22 Air Pollution B B B 23 Water Pollution B BBB B 24 Soil Contamination B B 25 Waste B B B B B B 26 Noise and Vibration B B BB B

Pollution 27 Ground Subsidence 28 Offensive Odor B B B 29 Bottom sediment B BB 30 Accidents B B B B Rating: A: Significant impact is expected. B: Some impact is expected. C: Extent of impact is unknown. (Examination is needed. Impacts may become clear as study progresses.) No Mark: No impact is expected. IEE/EIA is not necessary.

8. Mitigation and Monitoring for Key Impacts The mitigation measures and monitoring for key adverse impacts are proposed in Table 3. Also, the recommended surveys at the following B/D phase are explained.

Table 4 Proposed Mitigation Measures, Monitoring and Surveys

Impact items Likely adverse impacts Proposed mitigation measures, monitoring and surveys Rating Social Environment Involuntary B There are a church, a mosque and Planning Phase: Resettlement a four-stories-building which are • The Kenyan side must consider the resolution through the encroached to ROW of Port Reitz talks with these religious organizations. In addition, hold Road. A part of buildings is the consultation meetings with residents who use the necessary to be demolished. religious facilities and formulate an agreement on the There are about 60 kiosks and 60 proposed project. stalls at the roundabout and • To investigate the necessity of involuntary resettlement and intersections on the project roads. relocation of small-scaled traders at the following B/D Land acquisition may be needed phase if land acquisition at two intersections will be at two intersections due to their needed. improved configuration. • In order to avoid significant adverse impacts, confirm the environmental and social considerations taken by the Kenyan side, and support them in accordance with JICA Guidelines (2004) at the following B/D phase. Local economy B There are about 60 kiosks and 60 Planning Phase: such as stalls at the roundabout and • The Kenyan side will continuously hold the meetings with employment and intersections on the project roads. small-scaled traders: to provide the information on a new livelihood, etc. These small-scaled traders in the market place; and to reach an agreement on the road reserve need to be relocated. compensation plan for recovery of their livelihood. Construction Phase: • To disseminate information on a construction plan (schedule, traffic restriction section, and etc.) through public consultation meetings and the media such as radio and paper. Operation Phase: • The Kenyan side should monitor their economic and working conditions after relocation. Land use and C ROW for the road upgrading Planning Phase: utilization of local project has been secured. • The Kenyan side will continuously hold the meetings with resources However, businesses of the stakeholders to provide the information on the project. small-scaled traders have been • Ministry of Lands will be necessary to acquire the land observed on the road reserves. from the owners based on the real property value in Land acquisition may be needed accordance with the Kenyan laws such as “Land at two intersections due to their Acquisition Act” and “Registration of Titles Act”. improved configuration. • To grasp the details and confirm the measures taken by the There will be no parking space Kenyan side at the following B/D phase. for container trucks on the Construction Phase: shoulder of the project roads after • To conserve trees and green areas along the project roads as completion of the upgrading much as possible. work, and trucks must park at designated lots. Social institutions C Community severance is not Planning Phase: such as social assumed since the Locations are • The Kenyan side will continuously hold the meetings with infrastructure and divided by the roads. However, at stakeholders to provide the information on the project. local the construction phase, it is • To examine the alternative routes for emergency vehicles, decision-making necessary to secure the function and commuting during the construction period. institutions of the community road.

Existing social B Traffic jam is likely to occur at Planning Phase: infrastructures and the construction phase, especially • To draw up a proper implementation plan to reduce traffic services around the intersections. congestion. • To study improvement of the intersections including installation of traffic lights in order to secure the pedestrian safety. Construction Phase: • To disseminate information on a construction plan (schedule, traffic restriction section, and etc.) through public consultation meetings and the media such as radio and paper. • To consider the installation of a fence to protect the commuting routes. The poor, C There are approximately forty Planning Phase: indigenous and poor charcoal dealers and food • To confirm the temporary permission obtained by charcoal ethnic people stalls outside of the road reserve dealers. The Kenyan side should hold the meetings with of Old Mombasa-Nairobi Road. charcoal dealers to share the information on the project. They are covered by a 100-meter Operation Phase: wall so as not to be seen by • The Kenyan side should monitor their economic and tourists. Their relocation due to working conditions if relocation will not be able to be the project should be avoided in avoided. principle. Misdistribution of C Some adverse impacts due to the Planning Phase: benefit and damage relocation of small-scaled traders • To investigate the necessity of involuntary resettlement and and land acquisition at the relocation of small-scaled traders at the following B/D intersections are foreseen. phase if land acquisition at two intersections will be needed. • The Kenyan side will continuously hold the meetings and consult with stakeholders about the project plan so as not to cause the imbalance of benefit and damage. Operation Phase: • The Kenyan side should monitor whether the conflicts of interest are generated between PAPs. Cultural heritage B A part of the building of the Planning Phase: mosque and the church has been • The Kenyan side must consider the resolution through the encroached into the ROW of Port talks with these religious organizations. In addition, hold Reitz Road. In addition, many the consultation meetings with residents who use the religious facilities exist along the religious facilities and formulate an agreement on the project roads. Therefore, special proposed project. considerations should be • To confirm the environmental and social considerations necessary at the construction taken by the Kenyan side, provide advice and support them phase. in accordance with JICA Guidelines (2004). Construction Phase: • To disseminate information on a construction plan (schedule, traffic restriction section, and etc.) through public consultation meetings and the media such as radio and paper. • To consider the temporary interruption of construction work during the times that the religious activities are conducting. Local conflict of C A local conflict of interests may Planning Phase: interests arise if the Kenyan side will not • The Kenyan side will continuously hold the meetings with consider the appropriate small-scaled traders so as not to generate the conflicts of compensation policy for PAPs. interest due to the compensation policy. Operation Phase: • The Kenyan side should monitor whether the conflicts of interest are generated between PAPs.

Sanitation B Sanitary conditions might Construction Phase: become unfavorable if enough • To install portable toilets for construction workers. To portable toilets are not provided. implement proper construction works. Puddles around the construction • To install temporal drainage facilities to drain the runoff site may turn to a breeding promptly during a storm. ground of sanitary pests such as mosquitoes. Hazards (Risk) B Most of construction workers Planning Phase: Infectious diseases may be hired locally. However, • To survey the local HIV/AIDS prevalence and confirm the such as HIV/AIDS countermeasures for prevention prevention and control measures. of infectious diseases such as Construction Phase : HIV/AIDS will be necessary. • The contractor should provide adequate guidance for construction workers to prevent infectious diseases. Natural Environment Soil Erosion B Improper land cut and land Construction Phase: mound are likely to cause soil • To avoid the improper land mound to prevent soil erosion erosion during heavy storms. from the construction sites, especially during rainy season. • To install a protector and drainage facilities to prevent soil erosion caused by surface runoff during a storm. Groundwater C There is insufficient information Planning Phase: (Underground on local usage of groundwater. • To survey local consumption of tap water and underground facilities) Groundwater might not used for water in the vicinity of the project roads at the following construction work. However, B/D phase. underground facilities such as • To survey the conditions of underground facilities. water distribution mains are Construction Phase: likely to be damaged by • The Kenyan side will relocate the necessary underground construction work. facilities. Flora, Fauna and B About ninety native trees Planning Phase: Biodiversity scattered on the shoulders of the • To identify the trees in the road reserve and to consider projects roads may be cut off at transplant if necessary. the construction phase. • To design the roads to reduce the number of trees cut. In particular, save large trees wherever possible. To consider transplanting of trees. • To plant native species of trees along the roadside of the project roads. Construction Phase: • To pay careful attention to trees on the boundary and outside of ROW. Operation Phase: • To check and control the growth of trees and plants on ROW according to vegetation management. Landscape B Residents and workers of the Planning Phase: container depots have a rest • To design the roads to reduce the number of trees cut. In under the shade of trees. particular, save large trees wherever possible. To consider However, during the construction transplanting of trees. period, cutting trees may take • To plant native species of trees along the roadside of the away the place for a rest. project roads. Construction Phase: • To pay careful attention to trees on the boundary and outside of ROW. Operation Phase: • To check and control the growth of trees and plants on ROW according to vegetation management.

Global Warming C GHG emission might increase: Planning Phase: due to the operation of • To study the increase of GHG emission based on a construction vehicles at the comparison between predicted traffic volume and the construction phase, and due to present condition. the increase of traffic such as Construction Phase: container trucks. However, extent • To reduce GHG emission by utilizing low-emission of impact on global warming is construction machines and vehicles. unknown at present stage. Pollution Control Air pollution B Air pollutant emission might Planning Phase: increase: due to the operation of • There are several air pollutants emission sources in the construction vehicles at the Locations such as the refinery, oil-fired power plant and construction phase, and due to fire at landfill site.At the following B/D phase, conduct the the increase of traffic such as air quality survey (PM10, SO2, NO2, CO, O3) in order to container trucks. However, understand the current baseline condition of the project reduction of traffic jam is site. expected to contribute to • To evaluate the impact on the ambient air quality based on emission abatement. the predicted traffic volume. Construction Phase: • To provide proper construction machines and heavy vehicles in order to reduce the emission of exhaust gas. To maintain construction machines and heavy vehicles properly. To stop unnecessary idling. • To keep down dust by watering during the dry season. • To reduce the emission of air pollutants by utilizing low-emission construction machines and vehicles. Water pollution B During a storm at the Construction Phase: construction phase, turbidity of • To provide proper construction machines and heavy the coastal body might increase vehicles and maintain them properly. because of topsoil erosion. • To avoid the improper land mound to prevent soil erosion Oil and grease emitted from from the construction sites, especially during rainy season. ill-serviced construction • To install a protector and drainage facilities to prevent soil machines and heavy vehicles erosion caused by surface runoff during a storm. might also degrade the sea water Operation Phase: quality. • To conduct PR activities and give guidance to residents and Untreated municipal and small-scale traders (if their business is allowed) to stop industrial wastewater is dumping garbage in road ditches and drainage channels. discharged to the coast through • To clean regularly road ditches and drainage channels. drainage channels. At the operation phase, rainfall runoff may flush garbage and degrade the marine water quality. Soil Contamination B Oil and grease emitted from Construction Phase: ill-serviced construction • To provide proper construction machines and heavy machines and heavy vehicles vehicles and maintain them properly. might contaminate soil along the • To treat properly wastewater from asphalt wearing and project roads. concrete pavement work. Waste B Construction work may generate Planning Phase: solid waste such as removed • At the following B/D phase, to confirm the solid waste asphalt, soil and sand of the collection system conducted by Municipal Council of existing roads. Construction Mombasa. workers may also create Construction Phase: additional garbage. Waste • To prepare proper construction plan to minimize waste generation should be properly generated from construction work. To implement proper reduced by reuse and recycle. management and disposal of construction waste. • To educate construction workers regarding environmental conservation.

At the operation phase, illegal Operation Phase: dumping may damage the To conduct PR activities and give guidance to residents and drainage ability of road drains. small-scale traders (if their business is allowed) to stop dumping garbage in road ditches and drainage channels. Noise and vibration B The levels of noise and vibration Planning Phase: may increase with construction • At the following B/D phase, conduct the noise and vehicles at the construction phase vibration survey in order to understand the current baseline and with container trucks at the condition of the project site. operation phase. • To estimate the levels of noise and vibration based on the predicted traffic flow, and to study the measures if necessary. Construction Phase: • To inform construction schedule to residents in advance. To control construction works at night. • To use low-noise construction machines and heavy vehicles. Operation Phase: • To consider traffic regulations on controlling the lane for heavy vehicles to reduce noise and vibration. Offensive Odor B Offensive odor might be emitted Planning Phase: with exhaust gas from • At the following B/D phase, estimate the emission of odor construction vehicles at the substances in exhaust gas to assess the impact. construction phase and from Construction Phase: container trucks at the operation • To provide proper construction machines and heavy phase. vehicles in order to reduce the emission of exhaust gas. To maintain construction machines and heavy vehicles properly. To stop unnecessary idling. Bottom sediment B Sewerage covers only a part of Construction Phase: the project site and untreated • To provide proper construction machines and heavy municipal and industrial vehicles and maintain them properly. wastewater is discharged to the Operation Phase: coast through drainage channels. • To conduct PR activities and give guidance to residents and At the operation phase, rainfall small-scale traders (if their business is allowed) to stop runoff may flush garbage and dumping garbage in road ditches and drainage channels. contaminate the sediment along • To clean regularly road ditches and drainage channels. the coast. Accidents B Traffic accidents are likely to Planning Phase: occur due to the increase of • To provide pedestrian crossing. Crossing locations should construction vehicles at the take into account community preference. construction phase. The risk of Construction Phase: traffic accidents may become • To determine the routes for construction vehicles through high due to increase of container the meeting with residents, stakeholders, relevant trucks at the operation phase. municipal authorities and traffic police. • To disseminate information on a construction plan (schedule, traffic restriction section, and etc.) through the media such as radio and paper. • To provide adequate education and training to construction workers regarding traffic safety. • To deploy the traffic control workers and install an information board at appropriate position to avoid traffic accidents. Operation Phase: • To control traffic flow collaborating with traffic police.

9. Consultation The Preliminary Study Team interviewed stakeholders and held a meeting with community leaders of Changamwe Division. Through interviews and meetings, the following issues were raised: • Container trucks often block the road. The ambulance to and from the Port Reitz District Hospital often stuck on the roads for over half an hour. It is often happens that the police is called to clear the road. • The existing roads are narrow (two lanes). Pedestrians are always at risk of serious injury from accidents and collisions with moving container trucks and vehicles running on the shoulder and the opposite lane. • Residents are suffering from dust stirred up by container trucks. • Storm water drainage facilities of the existing roads have insufficient capacity. Trench and culvert are blocked with garbage. During the storm, flooding often occurs since the road blocks the runoff. • Tourists sometime miss their flights due to traffic jam. • The master plan of transportation and distribution system in Mombasa City is needed to resolve the current problems.

Most of stakeholders in the project site expected the project to recover the function of community road for commuting and shopping, to enhance the community welfare and medical service, and to improve the living environment.

10. Social Acceptability in case of involuntary Resettlement and Land Acquisition No involuntary resettlement is foreseen due to the project. However, there are two religious facilities encroached to the right-of-way (ROW). A number of street traders in and around the road reserve need to be relocated. Furthermore, land acquisition may be needed at two intersections due to the improved configuration.

10.1 Legal frame work of land acquisition and involuntary resettlement A legal framework for land acquisition and involuntary resettlement in Kenya is mainly by the Land Acquisition Act, which provides a formal procedure for acquisition and compensation for privately owned property. According to the Act, Government and/or public organizations can do compulsory acquisition of private land for public purposes. In addition, “setting apart of land” is a process of compulsory acquisition of unregistered Trust Land, if the Government or a County Council wishes to acquire land for a public purpose.

10.2 Gaps between Kenyan laws and donor’s policy However, there are the gaps between Kenyan laws and donor’s policy including the JICA Guidelines for Environmental and Social Considerations (2004). For example, in Kenyan law, monetary compensation is based upon market value and illegal encroachers are not entitled to compensation. On the other hand, in donor’s policy, compensation is based on replacement cost and Project Affected Persons (PAPs) are entitled to some forms of compensation whatever the legal/illegal recognition of the occupancy.

10.3 Social Acceptability In case of land acquisition and/or involuntary resettlement, following matters should be taken into considerations to facilitate social acceptability. (1) Sufficient compensation should be given to PAPs with taking the above mentioned gap between Kenyan

laws and JICA Guidelines into consideration. If there is any difference of involuntary resettlement policy between Government of Kenya and JICA guidelines, JICA’s requirement should be fully considered. (2) Participation by PAPs and their communities must be promoted in the planning, implementation, and monitoring of involuntary resettlement plans and measures against the loss of their means of livelihood via the disclosure of information from an early stage. (3) If PAPs are vulnerable social groups such as the poor, women, children, elderly and ethnic minority appropriate consideration should be given.

11. Important Notice on the Survey It is recommended that the Kenyan side should take initiative in fulfilling the following items in order to ensure the smooth implementation of the project. • The Kenyan side will consult with stakeholders and PAPs regarding the project before the B/D phase. In this regard a Resettlement Action Plan (RAP) will be prepared if necessary. • The Kenyan side will properly compensate PAPs based on the inventory in order to restore the original living conditions in accordance with the JICA Guidelines for Environmental and Social Considerations (2004), and secure the appropriate budget to be allocated before implementation of the Project. • The Kenyan side will properly follow the procedure for the environmental license in accordance with the Environmental (Impact Assessment and Audit) Regulations, 2003 and conduct EIA which meets requirements of the JICA Guidelines for Environmental and Social Considerations (2004)