MINISTRY OF TRANSPORT,

INFRASTRUCTURE, HOUSING, URBAN DEVELOPMENT AND PUBLIC WORKS

CONSULTANCY SERVICES FOR ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT AND DETAILED ENGINEERING DESIGN

OF KIAMBU - NGEWA – KIBICHOI-THIKA (B30) ROAD

Environmental and Social Impact Assessment (ESIA)

Study Report

March 2020

IN ASSOCIATION WITH ITEC and VeJTECH Consult Ltd

Authentication page Consultant’s Address and authorized NEMA registered signatory

Designation Lead Expert. NEMA Reg. No. 916.

Signature

Date ……………9th March 2020………………..

For:

Kenya National Highways Authority (KeNHA) P.O Box 49712-00100 NAIROBI +254 (20) 8013842 [email protected]

I the undersigned confirm that the contents of this report are a true representation of the Environmental and Social Impact Assessment project report of the proposed of Kiambu - Ngewa – Kibichoi-Thika (B30) Road.

Submitted by: ………………………………………………………

Designation: ………………………………………………………..

Signature: …………………………………………………….

Date: ……………………………………………………………..

ii EXECUTIVE SUMMARY

Background of the Project

The Government of the Republic of Kenya (GoK) has earmarked funds through the Development Vote for use in engaging the consultancy services to undertake preliminary and detailed engineering design of Feasibility Study, Environmental and Social Impact Study, Preliminary and Detailed Engineering Design of Kiambu – Ngewa –Kibichoi (B30) Road.

Through the government's implementing agency, the Kenya National Highways Authority (KeNHA) will require the implementing Consultancy firm to render all technical support services relevant to this exercise. The detailed description of the consulting services to be performed is described in these Terms of Reference (TOR).

The study for design shall incorporate design for access roads to key Government institutions including but not limited to schools, colleges and other Government offices. Major loop roads and through townships and bypasses or market centers along the road shall also be included. Also design of interchanges where necessary shall be undertaken.

The ESIA study will provide the decision makers in the Government of Kenya, with sufficient environmental and social related information to construct sections of the road to all-weather bitumen road while rehabilitating and/or improving some sections to serve the estimated future traffic. This may include widening or dualling sections of the road as may be demanded by the traffic studies. The hereby ESIA details on the positive and negative effects of the development, recommended appropriate solutions to minimize any undesirable effects resulting from improvements of the road.

Project Description

The road is entirely located in Kiambu County. Although the project title is Kiambu – Ngewa – Kibichoi (B30) road which is approximately 22km long, the scope of work extends beyond, covering the entire B30 road. It is approximately 62 kilometres and commences on a Junction B32/B30 (Kiambu road, opposite Kiambu Institute of Science and Technology) and proceeds through Kirigiti, Riabai, Ngewa, Kibichoi, Nembu, Ichaweri, Gatundu, Kang’oo, Mang’u and ends at Junction B30/A2 Thika Super Highway. Summarized herewith are the road sections that have been subjected to an environmental impact assessment.

Length Road Section Task/Requirements (in Km) Kiambu - Ngewa Design to dual carriageway road standards 12 Design to single carriageway rural road Ngewa - Kibichoi 10 standards Kibichoi -Nembu -Icaweri Road capacity and pavement evaluation 11 Ichaweri - Gatundu - Kang’oo Road capacity and pavement evaluation 11 Design to single carriageway rural road Kang’oo - Mang’u 4 standards Mang’u - Junction B30/A2 Thika Design to dual carriageway road standards 14 Highway Total 62

i Project Cost The rates and prices for major items have been generated from first principles taking into account direct costs (labour input cost, construction plant and equipment owning and operating charges, temporary materials, permanent materials inclusive of wastage) and indirect costs including insurance/risk coverage and contractor’s overheads and profit. The unit cost rates used in the Engineers Estimate have been moderated by comparing the rates derived with actual contract rates from ongoing and recently completed road projects congruous to the B30 road.

Construction Cost Supervision Cost Total project cost

Option 1 KSh. 10,441,645,568.32 KSh. 10,781,363,168.32 KSh. 339,717,600 Option 2 KSh. 10,628,638,614.92 KSh. 10,968,356,214.92

Purpose and Objectives of the Project

The ESIA study will provide the decision makers in the Government of Kenya, with sufficient information to construct sections of the road to all-weather bitumen road while rehabilitating and/or improving some sections to serve the estimated future traffic. This may include widening or dueling sections of the road as may be demanded by the traffic studies.

The purpose of this study and its overall objective is to ensure that all the environmental concerns are integrated in the implementation of the project cycle in order to contribute to sustainable development of the general project area and areas in close proximity to it. There is the need to assess the potential environmental impacts and socioeconomic conditions which will be associated with the activities for the proposed initiative.

Secondly, the study is intended to propose workable mitigation measures and thirdly to formulate an environmental management and monitoring plan articulating the mitigation measures, responsible persons, frequency of monitoring, required resources, time frame for its implementation and possible costs. The specific objectives are:-

 To identify direct or indirect impacts to the natural and human environment and after acquiring a road corridor of 40 meters.  To gain public views, concern and value in regards to the proposed project by consulting key stakeholders, PAPs living or have property in close proximity to the proposed project, interested parties and key informants.  To determine the significance levels of the identified impacts.  To recommend preventive, mitigation and compensative measures for the significant negative impacts of the project on human and natural environment.  Conduct census of all the PAPs and develop a full Resettlement Action Plan  Undertake comprehensive Land Acquisition Plan (LAP) and Resettlement Action Plans (RAP) for each of the proposed transport development option.  To develop an environmental, social management and monitoring plan (EMMP) for the identified impacts.

ii Policy, Legal and Administrative Framework

The Environmental Management and Coordination Act (EMCA), 1999 provides for the establishment of a legal and institutional framework for the management of the environment and for matters connected therewith and incidental thereto. Under EMCA, there are several subsidiary legislations and guidelines which govern environmental management and are relevant to the project implementation.

On social issues related to the project, relevant legislations to the project includes the Kenya National Aids Strategic Plan, Sexual offence Act on prevention and the protection of all persons from harm from unlawful sexual acts, especially youth and the vulnerable persons in close proximity to the project sites.

Environmental and Socio-Economic Baseline Conditions of the Project Area

Physical Environment

The project area is within the lower highland topographical zone of Kiambu. The area is characterised by hills, plateaus, and high-elevation plains. The area lies between 1,500-1,800 metres above sea level and is generally a dairy zone though some activities like maize, small scale farming and horticultural crops are also practiced.

The annual rainfall varies, with higher areas receiving as high as 2,000 mm and lower areas of Thika Town constituency receiving as low as 600 mm. The average rainfall received by the county is 1,200 mm.

The mean temperature within the project area ranges from 7oC in the some parts of Gatundu North, Gatundu South to 34oC in the lower midland zone found partly in Thika town.

Land Use

Within the areas traversed by the project road, there are three categories of land that were identified, viz., public land is approximately 5%, community land 0.01%, whereas private land is approximately 94.99%. Most of the land within the proposed road corridor is privately owned.

The average mean holding size of land is approximately 0.045 hectares on small scale and 69.5 hectares on large scale. The small land holdings are mostly found in upper parts of Gatundu North and Gatundu South. There is a trend of land use changes, whereby the percentage of existing agricultural land is being overtaken by other land use, especially real estate.

Gender Issues.

The study approached more females (56%) as compared to males (44%). During the construction phase, the project proponent should therefore factor in gender based programs which aim at including females who might be under-represented though they are the majority in regards to project implementation and benefits.

iii

Summary of the Environmental and Socio-economic Impacts and Mitigation Measures

Anticipated Social Economic Project Activities Proposed Mitigation Measures Impacts

Pre-construction Phase  Carry out a comprehensive RAP to address PAPs issues of concern in Loss of land, livelihood and land acquisition and road alignment property through road process. alignment. The road corridor  Hold a consultative meeting with Surveying and will change to 40 meters, 20m key stakeholders to seek project road alignment on each side. Land and acceptance. properties inside the roads  Review existing EA audit report for RoW to be affected. existing material sites within the site and note all the contentious issues.

Construction Phase

 Control the speed of material haulage vehicles within the trading Plumes of dust will be expected centers. during construction phase,  Sprinkle water at dusty road through excavation and haulage sections to reduce dust plumes of materials to and from created by vehicles. construction sites. Trading  Drivers to be involved in Toolbox Air quality centers to be affected will be Talks with the management / Kirigiti 0+900, Riabai 2+800, Contractor and participate in Ngewa km 9+00, Kang’oo, identifying air quality receptors / Mitero, Gatukuyu and pollutants and the related impacts. Ngoingwa.  Provide speed warning signs when approaching the dust receptors, especially trading centers. It will possibly be caused by  Construction activities to minimise inappropriate disposal of waste, as much as possible impacts on the e.g. used oils from the existing arrowroot farms next to the Contractor’s camp, workshops project road. Soil pollution or from spills. Pollutants will  Waste oil to be collected by a end up being soaked into the soil NEMA licensed waste dealer. and will lead to soil  Provide professionals in running contamination machinery, workshop.

iv  Provide waste container for collecting waste.

Water in the main watercourses within the project site Kamiti River km 6+400, Ruiru River at  Contractor to avoid dumping of Marige km 15+300, Komothai waste materials within the riparian Surface and River km 20+600 and Theta zones/ within the watercourses. ground water River at Gathage 27+600 may  Bitumen trucks should be washed at resources get polluted. The pollutants will include diesel, oils, cement. designated areas only but not in the Some of the runoff water may rivers. infiltrate in the subsurface reaching the groundwater.  Identified borrow pits Adjustments Direct encroachments on the to slopes and borrow pits, to be scenic landscapes along the away from picturesque sites project road during cut and fill,  Timely decommissioning of the Visual Aesthetics cut sections, borrow pits etc. will borrow pits to be done to eliminate impact negatively on the visual aesthetics1. traces of visual intrusion on the landscape.  Construction work should not be done during daytime only  All machinery should be in good Noise and This will impact existing trading condition. centers Vibrations  Measures should be taken to control dust from the construction site.  Liquid waste, e.g. oils, should be disposed by a NEMA registered waste dealer.  Reduce, Reused, Recycle waste management system should be encouraged during the construction Waste from the construction period. camp, -garage, storage facilities,  Develop a waste management plan Solid and liquid workshops can be health hazard waste within the construction sites and for use during the entire nearby environment. construction period  Waste disposal sites should be identified and which should be registered with NEMA  Design provisional waste material storage for the sorted out waste at the site (e.g. spoil area)

1 There are no meaningful quarrying sites within the project sites, apart from informal small scale roadside quarries. Major quarries for the project have been identified in Machakos County.

v  Dispose all unwanted structures, wastes and unused materials in accordance to NEMA Waste Management Regulations.  Undertake an inventory of the type of waste and quantities.  Design /road alignment work and RAP process to involve the local  The final road alignment administration and community in will create direct agreeing on the appropriate encroachments on alignment for the road, especially settlements.  Effects of both increased within the trading areas. and faster traffic on access  Speed bumps to be erected while to the schools, shops and approaching the trading centers other services etc. and schools (especially day  Better access to markets, schools). health care, schools etc. Social  During construction, the  Possible increase of social characteristics Contractor with the assistance of ills, overconsumption of alcohol, use of substance local administration officers etc. and associated spread of (police, chief, police reservists etc) STDs, including HIV/AIDs. to agree on a code of conduct for This will originate from the construction workers. workers within the camps  HIV/IDS and STD Training, and trading centers as a result of new workers with Awareness and prevention monthly wages and possibly programme to be included during away from their families. the construction period, focusing on road construction workers and the nearby communities.  A Code of Conduct should be distributed to all workers, and Ill human behaviours can lead to health personnel should reinforce indirect impacts of the project on their efforts to combat diseases health and safety. This includes during the construction period. social ills which can lead to Occupational  Workers to be sensitized on the family breakups, crime, use of Health and Safety substance with the comfort of consequences of social ills and working away from home and promiscuous behaviours (over being potential for transmission consumption of alcohol, STDs, of HIV-AIDS and other STIs HIV /AIDS etc).  Contractor to establish mobile clinic within the construction sites Construction work will be associated with risky exposures  Provide security guards at camps to the workers.  Adhered to high standards of Security and During operation phase, the safety Public Safety road design speeds will range  Construction vehicles should drive from 80- 100km/h or more, fast carefully, speed for vehicles which the

vi community were not used to.  Gravel should be watered at This can lead to accidents at the construction sites/built up areas to identified trading centers or avoid plumes of dust. animal crossing points among other sections.  Provide condoms to construction workers.  Use secure storage facilities for toxic materials.  Employees to be provided PPE.

Project Alternatives and Parameters considered in choosing the best Alternative

Construction of the Road Alternative The proposed government investment projects is expected to improve the existing project road through dueling from km 00+000 (Rui to Ngewa Kwamaiko) and from Mangu to Thika highway (km 49+200 to 62+600) and expanding further road sections, which will have ripple effects on economic and social welfare of the people within areas it will traverse. Some of the economic benefits that will come along with the project are quantifiable in financial terms while others are not, although their benefits are quite substantial. These exogenous non-quantifiable benefits are:-

Growth of market centers: The Growth of existing market centers along the road corridor, Ngewa, Riobai, Komothai and Gatukuyu, will lead to increased job opportunities and economic activities of the people which will not only contribute to economic growth within these trading centers.

Improve the existing accessibility: This will increase the community’s ability to access education and employment opportunities (increasing their productivity and incomes).

Improve travel related costs: The improved road will improve travel time reliability, which reduces logistics and scheduling costs beyond just the travel time savings. The travelling cost may improve (reduce) after improvement of the road.

Further economic impacts on communities: The ultimate beneficiary is the business operation that can achieve operating cost savings or greater productivity.

Improved transportation facilities: This will lead to business expansion, additional job creation and additional tax revenues. These economic impacts reflect a combination of the productivity benefits. The No-Construct/Without Project Option The second option, no construct/no project alternative will not achieve the objective of the project since the listed benefits will not be achieved. Outcomes of Public Participation A total of six meetings (public barazas) were held along the trading centers within the project road which was adequately attended by over 600 stakeholders. The trading centers were Kirigiti, Ngewa, Kibichoi, Komotha, Mangu and Ngoingwa. Further, there were key informants who were consulted.

Various issues of concern during design, construction and operation phases were raised by the consulted stakeholders during the consultative meetings. Questions on compensation for PAPs and mode of compensation were dominant issues raised by the participants. The participants requested that mitigation measures should be implemented for the noted impacts during all the stages in the project cycle. They included:-

vii Issue of Concern Proposed Mitigation Measure At least 70% of youth within the project site to be employed during construction phase for low 1 Employment opportunities skilled or skilled jobs, e.g. drivers, flagmen/women among other jobs. Compensation for damages, acquisition and displacement should be done transparently and 2 Displacement/Compensation equitably. Compensation should also be according to the current market price of assets affected.  Provide market for displaced traders in Kirigiti 3 Community Social Responsibilities  Classrooms to be constructed in public schools affected by the project. The exact dates for the commencement of the 4 Project commencement project will be known once all the design and tendering processes have been completed. The Local leaders and others secondary stakeholders be involved to ensure that any 5 Community Involvement matters arising are solved in harmony and the project runs smoothly to completion During construction the contractor should ensure 6 Occupational Safety and Public health that there are trained first aiders onsite with well stocked first aid kits. Elders should be involved/consulted in the event that a cultural resources needs to be relocated or 7 Cultural sites removed. These include trees like Mugumo tree which is considered sacred among the Kikuyu community. Environmental and Social Monitoring Program A monitoring program has been prepared with the aims to ensure that the suggested mitigation and enhancement measures are implemented, that they generate intended results and that they are modified, ceased or replaced when inappropriate. Moreover, it allows assessing compliance with national environmental and social policies, standards and guidelines. The monitoring program includes surveillance and monitoring activities.

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

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

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

viii Conclusions and Recommendations Positive socio-economic impacts will be experienced during the operation stage of the road. This will be mainly within dual carriageway sections from km 00+000, - start of the project to Ngewa and from Mangu junction to Thika highway. Traffic snarl-ups will be minimised within these sections and hence no wastage of economic time due to traffic related delays and snarl-ups. The noted negative impacts during construction phase can be mitigated. The RAP team has identified all the PAPs, who have either encroached upon the road's RoW or part of their land will be acquired to pave the way for the road's expansion procedures. The PAPs have been informed about the proposed land acquisation early enough during the road design phase and therefore they have ample time to perceive and readjust to the new development during the design process.

Road safety related mitigation measures have been suggested which includes the use of road furniture, speed bumps within built up areas, signage, and road marking, guardrails among others. - The built up areas include Kirigiti, Riobai, Ngewa, Kibichoi, Kang'oo and Gatukuyu. Areas with schools have also been considered, on safe crossing of the road for school pupils and students.

Community social responsibilities will be taken into account. They include consideration to make market for displaced traders in Kirigiti, classrooms to be constructed in public schools affected by the project and designing programmes meant to rehabilitate and sensitize youths on alcohol and use of substance.

In view of socio-economics, the proposed project will have residual significant positive impact on business and retail, by improving the accessibility of the existing trading centers.

Significant cumulative impacts will be noise from vehicles will create further cumulative impacts during this stage.

ix CONTENTS

EXECUTIVE SUMMARY ...... I

INTRODUCTION ...... 1

1.0 INTRODUCTION ...... 1 1.1 DEVELOPER IDENTIFICATION ...... 1 1.2 REGIONAL DESCRIPTION OF THE PROJECT SITE...... 1 1.3 PROJECT BACKGROUND, OVERVIEW, JUSTIFICATION AND OBJECTIVES5 1.3.1 PROJECT BACKGROUND ...... 5 1.3.2 OVERVIEW OF THE PROJECT ...... 5 1.3.3 PROJECT JUSTIFICATION/RATIONALE ...... 5 1.4 PURPOSE OF ESIA ...... 6 1.5 OBJECTIVES OF ESIA ...... 7 1.6 TERMS OF REFERENCE ...... 7 2.0 PROJECT DESCRIPTION ...... 9 2.1 PROJECT LOCATION ...... 9 2.2 OVERVIEW OF ROAD CONSTRUCTION ...... 10 2.2.1 TECHNIQUES TO BE USED, CROSS SECTION AND ALIGNMENT ...... 10 3.0 ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT METHODOLOGY12 3.1 APPROACH TAKEN IN THE ESIA ...... 12 3.2 COLLECTION OF BASELINE DATA ...... 12 3.2.1 OVERVIEW OF METHODS ...... 12 3.2.3 PHYSIOGRAPHY AND GEOLOGY ...... 13 3.2.4 CLIMATE ...... 13 3.2.5 AIR QUALITY, NOISE AND VIBRATIONS ...... 13 3.2.6 LAND RESOURCES ...... 14 3.2.7 ROAD NETWORK ...... 14 3.2.8 NOISE AND VIBRATIONS ...... 14 3.2.9 SOLID AND LIQUID WASTES ...... 15 3.2.10 PUBLIC CONSULTATIONS AND SOCIO-ECONOMICS ...... 15 3.2.11 HEALTH AND PUBLIC SAFETY ...... 17 3.2.12 KEY INFORMANTS INTERVIEWS ...... 18 3.3 DEVELOPMENT OF THE ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN 19 3.3.1 OBJECTIVES OF THE ESMP ...... 19 3.3.2 CATEGORIZATION OF POTENTIAL IMPACTS DURING THE PROJECT CYCLE ...... 19 3.3.3 IMPACTS RATING SCALE ...... 21 4.0 POLICY, LEGAL AND REGULATORY FRAMEWORK ...... 22 4.1 THE CONSTITUTION OF KENYA 2010 ...... 22 4.2 THE POLICY FRAMEWORK ...... 22 4.2.1 VISION 2030 DEVELOPMENT STRATEGY ...... 22 4.2.2 ROAD SUB-SECTOR POLICY AND ROAD SECTOR INVESTMENT PROGRAMME (RSIP) .... 22 4.2.3 COUNTIES INTEGRATED DEVELOPMENT PLANS ...... 22

i 4.2.4 NATIONAL GENDER AND DEVELOPMENT POLICY ...... 23 4.2.5 HIV/AIDS MANAGEMENT INSTRUMENTS ...... 23 4.3 KENYA LEGISLATION AND REGULATIOS ...... 23 4.3.1 EXPLOSIVES ACT, CAP 115 ...... 23 4.3.2 LABOUR RELATIONS ACT, NO. 14 OF 2007...... 24 4.3.3 OCCUPATION HEALTH AND SAFETY ACT (OSHA), CAP 15 OF 2007...... 24 4.3.4 PUBLIC HEALTH ACT, CAP 242 ...... 24 4.3.5 THE SEXUAL OFFENCES ACT OF 2006 ...... 24 4.3.6 WORK INJURY BENEFITS ACT, NO. 13 OF 2007 ...... 24 4.4 NEMA AND ASSOCIATED REGULATIONS ...... 25 4.4.1 ENVIRONMENTAL MANAGEMENT AND COORDINATION ACT (EMCA) 1999 ...... 25 4.4.2 THE ENVIRONMENTAL (IMPACT ASSESSMENT AND AUDIT) REGULATIONS 2003 ...... 25 4.4.3 EMCA WASTE MANAGEMENT REGULATIONS, 2006 ...... 25 4.4.4 EMCA (WATER QUALITY) REGULATIONS, 2006, LEGAL NOTICE 121...... 26 4.4.5 EMCA (AIR QUALITY) REGULATIONS, 2014 ...... 26 4.4.6 EMCA (NOISE AND VIBRATION CONTROL) REGULATION, 2009 ...... 27 4.4.7 EMCA (CONSERVATION OF BIOLOGICAL DIVERSITY AND RESOURCES, ACCESS TO GENETIC RESOURCES AND BENEFIT SHARING) REGULATIONS, 2006 ...... 27 4.4.8 ENVIRONMENTAL ASSESSMENT AND MONITORING AGENCIES ...... 27 4.4.9 COMPLIANCE WITH LEGAL AND REGULATORY REQUIREMENTS ...... 28 5.0 BASELINE ENVIRONMENTAL AND SOCIAL PARAMETERS ...... 30 5.1 INTRODUCTION ...... 30 5.1.1 LAYOUT OF THE CHAPTER ...... 30 5.1.2 GEOGRAPHICAL ASPECTS AND BOUNDARIES ...... 31 5.1.3 ADMINISTRATIVE STRUCTURE ...... 32 5.1.4 COMMUNICATIONS AND TRANSPORT ...... 32 5.2 ENVIRONMENTAL BASELINE SURVEY ...... 34 5.2.1 PHYSIOGRAPHY AND GEOLOGY ...... 34 5.2.2 SOILS ...... 34 5.2.3 CLIMATE AND CLIMATE CHANGE ...... 35 5.2.4 AIR QUALITY ...... 36 5.2.5 SURFACE AND GROUNDWATER RESOURCES ...... 36 5.2.6 LAND RESOURCES AND LAND USE ...... 36 5.2.7 VISUAL AESTHETICS AND INTRUSION ...... 37 5.2.8 NOISE AND VIBRATIONS ...... 38 5.2.9 SOLID AND LIQUID WASTES ...... 38 5.3 SOCIAL-ECONOMIC BASELINE SURVEY ...... 39 5.3.1 SOCIAL CHARACTERISTICS ...... 39 5.3.1.1 Demographic Characteristics within the Project Site ...... 39 5.3.2 HEALTH SETTINGS ...... 40 5.3.3 COMMUNITY VIEWS AND CONCERNS ...... 40 5.3.4 CORPORATE SOCIAL RESPONSIBILITY (CSR) ...... 41 6.0 ANALYSIS OF PROJECT ALTERNATIVES ...... 43 7.0 ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT ...... 44 7.1 INTRODUCTION ...... 44 7.2 PROJECT ENVIRONMENTAL AND SOCIAL POTENTIAL IMPACTS ...... 45 7.2.1 POSITIVE IMPACTS (ENVIRONMENTAL, SOCIAL AND ECONOMIC) ...... 45

ii 7.2.2 NEGATIVE IMPACTS AND MITIGATION MEASURES ...... 45 7.3 IMPACTS ASSESSMENT AND MITIGATIONS ...... 46 7.3.1 SENSITIVE AREAS AND FEATURES ALONG THE PROJECT ROAD AND POSSIBLE IMPACTS46 7.3.2 MARSHY AREAS WITHIN THE PROJECT SITE: IMPACTS AND MITIGATION MEASURES ... 51 7.3.3 MITIGATION OF POSSIBLE IMPACTS OF SLOPES USING VETIVER...... 55 7.3.4 PHYSIOGRAPHY AND GEOLOGY ...... 55 7.3.5 SOILS ...... 56 7.3.6 SURFACE AND GROUND WATER ...... 56 7.3.7 CLIMATE ...... 57 7.3.8 ARCHAEOLOGICAL, HISTORICAL AND CULTURAL SITES ...... 57 7.3.9 AIR QUALITY ...... 58 7.3.10 SOLID AND LIQUID WASTES ...... 59 7.3.11 HEALTH SETTINGS ...... 59 7.3.12 SECURITY AND PUBLIC SAFETY ...... 60 7.3.13 COMMUNITY VIEWS AND CONCERNS/PUBLIC CONSULTATION ...... 60 7.3.14 CORPORATE SOCIAL RESPONSIBILITY (CSR) ...... 62 7.3.14.1 Roadside Amenities...... 62 8.0 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN ...... 63 8.1 OBJECTIVES OF THE ESMP ...... 63 8.2 COMMUNICATION WITH STAKEHOLDERS AND GRIEVANCE REDRESS MECHANISM ...... 63 8.2.1 INTRODUCTION ...... 63 8.2.2 SOCIO-CULTURAL CONTEXT TO CONFLICT RESOLUTION ...... 63 8.2.3 DEVELOPMENT OF GENERAL PRINCIPLES OF GRIEVANCE REDRESS ...... 63 8.2.4 CHIEFS AND ELDERS IN PROJECT AREA ...... 64 8.2.5 NATIONAL LAND COMMISSION ...... 64 8.3 SOCIAL MONITORING AND MANAGEMENT PLAN ...... 64 8.3.1 ESSENCE OF SOCIAL MONITORING AND MANAGEMENT PLAN ...... 64 8.3.2 PURPOSE AND OBJECTIVES OF SMMP ...... 64 8.3.3 AUDITING OF THE SMMP ...... 65 8.3.4 RESPONSIBILITIES OF THE SMMP ...... 65 8.3.5 SOCIAL MANAGEMENT PLAN (SMP) ...... 66 8.4 ENVIRONMENTAL MONITORING AND MANAGEMENT PLAN ...... 67 8.5 ENVIRONMENTAL MONITORING AND MANAGEMENT PLAN ...... 72 8.6 GENERAL EHS PLANS REQUIREMENTS IN CONSTRUCTION PROJECTS . 76 8.6.1 OCCUPATIONAL HEALTH AND SAFETY PLANS...... 76 8.6.2 VEHICLE/TRAFFIC MANAGEMENT PLAN ...... 77 8.6.3 WASTE MANAGEMENT PLAN ...... 77 8.6.4 CAMP DESIGN / INSTALLATION PLAN ...... 78 8.6.5 ANCILLARY PLANS ...... 78 8.6.6 SPILLS PREVENTION AND RESPONSE PLAN ...... 79 8.6.6.1 Emergency/Disaster Preparedness Plans for the Proposed Road Project ...... 80 8.6.6.2 Composition and Tasks of Emergency/Disaster Preparedness and Response Team ...... 82 8.6.6.3 Occupational and Safety Concerns during Construction Phase ...... 83 8.6.6.4 Occupational and Safety Concerns during Operation Phase ...... 83 8.6.7 ENVIRONMENTAL AWARENESS PLAN ...... 83 8.6.8 DECOMMISSIONING PLAN FOR THE CAMPS AND OTHER INSTILLATIONS ...... 84

iii 8.7 COST OF THE PROJECT ...... 84 9.0 CONCLUSION AND RECOMMENDATIONS ...... 85 10.0 REFERENCES ...... 87 11.0 APPENDICES ...... 88

iv LIST OF FIGURES

1.1: Regional Details of the Project Site ...... 1

2.1: Location of the Project Road ...... 9

2.2: Typical Single Carriageway Cross Section ...... 10

2.3: Typical Dual Carriageway Cross Section ...... 11

3.1: Basis for Assessment for Noise Exposure within Selected Receptors ...... 14

3.3: Categorization of Potential Impacts during the Project Cycle ...... 20

3.4: Impacts Terminologies and Clarifications ...... 20

5.1: Geographical Aspects of the Project Road and Site ...... 31

5.2: Agro-ecological Zones of Kiambu and Soils within the Project Area ...... 34

5.3: Temperature within the Project Area ...... 35

5.4: The Changing Land Use Trend in Kiambu ...... 37

5.5: Review of Areas of Possible Visual Intrusion within the Project Site ...... 38

5.6: Population Distribution and Sub- Counties to be Traversed by the Project Road ...... 39

5.7: Kiambu Urban Population and Centers to be Traversed by the Project Road ...... 40

7.1: Categorization of Potential Impacts during the Project Cycle ...... 44

7.2: Impacts Terminologies and Clarifications ...... 44

7.3: Sample of Types of Sensitive Environmental Receptors Close to the Project Road ...... 47

8.1: Impacts Terminologies and Clarifications ...... 76

LIST OF PHOTOS

1-1: Start of the Project Road and further Sections ...... 2

1-2: Kibichoi Trading Center ...... 3

1-3: Mangu Junction ...... 4

3-1: Consultative Public Meetings ...... 16

5-1: Transport Situation within the Project Sites ...... 33

5-2: Rivers Traversing the Project Road...... 36

5-3: Typical Trading Centers within the Project Area ...... 36

v LIST OF TABLES

1.1: The Developer and the Consultants ...... 1

1.2: Scope of Various Road Sections ...... 5

1.3: Technical Expertise Involved in the ESIA Process ...... 6

3.1: Data Collection Techniques ...... 12

3.2: Details of Public Consultations ...... 16

3.2: Key Informants during the Consultative Public Participation ...... 18

3.4: Environmental and Social Impacts Screening Matrix ...... 21

7.1: Recurrent Issues of Concern and Views from the Community ...... 61

8.1: Social Management Plan for the Project ...... 67

8.4: Management Plan during Construction Phase...... 77

8.5: Issues of Concern in the Spills Response Plan ...... 80

vi ABBREVIATIONS

EMCA Environmental Management and Coordination Act

EMMP Environmental Management and Monitoring Plan

ESIA Environmental and Social Impact Assessment

ESIA Environmental and Social Impact Assessment

GOK Government of Kenya

KENHA Kenya National Highway Authority

KNASP Kenya National Aids Strategic Plan

PWDs People with Disabilities

ToR Terms of Reference

vii INTRODUCTION 1.0 INTRODUCTION

The hereby ESIA for the proposed project road was prepared by NORKEN INTERNATIONAL LTD, in association with ITEC and VeTECH Consult, Nairobi. The ESIA study was carried out pursuant to the Legal Notice No. 101 of the Kenya's Environmental (Impact Assessment and Audit) Regulations. The regulation states that the activities that shall be undertaken during the project design, construction, commissioning and decommissioning phases shall be included in ESIA Report, describing the nature of the project and its location. The construction activities will entail upgrading the current earth road to bitumen standard.

1.1 DEVELOPER IDENTIFICATION

The project Clients are the Kenya National Highway Authority (KeNHA). The state corporation was established under the Kenya Roads Act 2007 with the responsibility for the management, development, rehabilitation and maintenance of trunk roads.

0.1: The Developer and the Consultants

KeNHA Consultant

Director General Norken International Ltd. Kenya National Highways Authority Engineering Management Consultants. P.O. Box 49712-00100 P. O. Box 9882-00100 NAIROBI NAIROBI

In Association With

ITEC and VeJTECH Consult

1.2 REGIONAL DESCRIPTION OF THE PROJECT SITE

0.1: Regional Details of the Project Site

The road is entirely located in Kiambu County. Although the project title is Kiambu - Ngewa - Kibichoi (B30) road which is approximately 22km long, the scope of work extends beyond, covering the entire B30 road. It is approximately 62 kilometres and commences on a Junction B32/B30 (Kiambu road, opposite Kiambu Institute of Science and Technology) and proceeds through Kirigiti, Riabai, Ngewa, Kibichoi, Nembu, Ichaweri, Gatundu, Kang’oo, Mang’u and ends at Junction B30/A2 Thika Super Highway. Summarised herewith are the road sections that have been subjected to an Environmental Impact Assessment:-

1. Kiambu - Ngewa (approx. 12km)  The road will be design to dual carriageway standard.  Roadside traders have erected temporary wooden structures within the trading centers at Ruui (km 0+000), Kirigiti (km 1+ 000) and Ngewa (km 12+000).  Areas that are traversed by the project road are characterized by mixed land use, - commercial, settlements, worship, sports (Kiringiti Golf Course) and small scale agricultural activities.  Road side drains visible.

1  Swampy/wetlands noted at Kiuu stream, Km 5+000, Mukuyu River/wetland at km 13+ 000.  Existence of vast coffee estates, which extend from the project road, e.g. Ngurunga, km 8+000, Farram, Anma and Lioki Estate ( all around km 10+000 to 12+ 000).  Further farming activities close to project road are mainly subsistence farming within the swampy areas and within the already demarcated farmlands.  Presence of a gated community, - Migaa Golf Estate – which is accessible from the project road at km 06+700.

0-1: Start of the Project Road and further Sections

Start of the project road at junction of Kiambu Road, Kirigiti near KIST at B32/ B30. Most of the roadside structures will be affected including land parcels during the dueling of the

road.

The hairpin bends which will be improved

2. Ngewa - Kibichoi (approx. 10 km)  The road will be design to single carriageway rural road standard  Earth road section from Ngewa trading center to kwa Maiko market has totally failed. Further sections of the road, from kwa Maiko to Kibichoi, is tarmac and in good condition.  From Ngewa to Kibichoi, there are very few roadside activities (encroachments) noted.  Farming activities are common from Ngewa to Kibichoi, - coffee, bananas and other cash crops. Further farming activities are subsistence in nature, on farmland or within wetlands traversed by the project road (at Kahigaini and Kambui streams, km 14+ 000).  Informal roadside quarrying activities noted, which involves manual crushing of hard stones using hammer to create ballast.  Roadside drainage functional and not dilapidated/damaged. Cross culverts noted.  Road has sharp curves/bends, U–shaped, especially while approaching wetlands or rivers.  Streams noted are: Ruiru River (Athi) at km18+ 000, Kahigaini stream km 20+000 and Komothai River km 23+000.

2 0-2: Kibichoi Trading Center

Project Road

Kibichoi Trading Centre

3. Kibichoi - Nembu - Ichaweri (approx. 11km)  The Consultants will carry out road capacity and pavement evaluation. It will be important for effective pavement management.  Since this road section is currently being constructed, an ESIA must have been done and a current EMMP from the Contractor for the ongoing work. 4. Ichaweri - Gatundu - Kang’oo (approx. 11km)  The Consultants will carry out road capacity and pavement evaluation.  See further details as above (Kibichoi – Nembu – Ichaweri road section).

5. Kang’oo - Mang’u (approx. 4km)  Road to be design to single carriageway, rural road standards.  King’oo trading center is sparsely populated with just a handful of economic activities.  There are very few roadside traders at the trading center.  Mukuyu-ini and Mukurwe roads start from Kang’oo trading center.  Napier grass, trees all close to the road at some sections.  Informal roadside quarrying activities noted.  Subsistence farming close to the project road and within swampy/wetlands traversed by the project road noted (at kwa Njui and Kamunyuini streams).  Gakoe trading center has few roadside traders.

6. Mang’u - Junction B30/A2 Thika Super Highway (approx. 14km)  The road will be designed to dual carriageway road standards  At Mang’u trading center, heavy presence of roadside traders who have encroached on the project road, for a distance of approx. 40 meters on both road sides (refer site photos). No encroachment thereafter towards Gatukuyu.  Learning institutions situated close/next to the project road (St. Francis Pri., Mary Hill Girls High School, Safaricom’s M-pesa Foundation Academy, Braeburn Imani International School etc.  The road terminates at Ngoingwa trading center close to Thika Highway, junction B30/A2.

3 0-3: Mangu Junction

The Mangu/Thika Flyover Road junction. The road will be a dual carriageway from Mangu junction for a distance of 14km to the Thika highway km 49+200 to 62+600. Roadside structures which have encroached upon the road’s RoW will be affected during the dueling process. View of the Mangu/Thika, junction.

Kang’oo Trading Centre

4 1.3 PROJECT BACKGROUND, OVERVIEW, JUSTIFICATION AND OBJECTIVES

1.3.1 Project Background

The Kenya National Highways Authority (KeNHA) is responsible for the management, development; rehabilitation and maintenance of approximately 14,000Kms of class A, B and C roads which is approximately 22% of the total length of the entire country’s classified road Network. Class A roads are international trunk roads linking centers of international importance and crossing international boundaries or terminating at international ports. Class B roads are National trunk roads linking nationally important centers. Class C roads are Primary roads linking provincially important centers to each other or two higher class roads.

The general objective for ESIA study, among other engineering studies (feasibility, engineering design) is meant to provide decision makers in the Government of Kenya, with adequate information to upgrade sections of the road to all-weather bitumen road while rehabilitating and/or improving some sections to serve estimated future traffic. This will include widening or dualing sections of the road as may be demanded by the traffic studies being undertaken.

1.3.2 Overview of the Project

Section of the road will be constructed to dual carriage way, single carriage way while further work will be evaluation of the road capacity the road capacity and pavement evaluation. Further details are on table 1.2 below:-

0.2: Scope of Various Road Sections

Length Road Section ToR Requirements (in Km)

Kiambu - Ngewa Design to dual carriageway road standards 12

Ngewa - Kibichoi Design to single carriageway rural road standards 10

Kibichoi - Nembu - Icaaweri Road capacity and pavement evaluation 11

Ichaweri - Gatundu - Kang’oo Road capacity and pavement evaluation 11

Kang’oo - Mang’u Design to single carriageway rural road standards 4

Mang’u - Junction B30/A2 Design to dual carriageway road standards 14 Thika Super Highway

Total Km 62

Source: Consultancy Team

1.3.3 Project Justification/Rationale

Given the strategic importance of the project road on the local, regional, national and levels, a large number of groups and economic activities will benefit from implementation of the project. The main beneficiaries will be:-  The transporters and vehicle owners operating on the road.  The local population (consumers, producers, traders etc)

5  Improvement of services and economic activities within the areas traversed by the project road. (Commerce, industry and agriculture sectors etc).

The road project is expected to serve Kiambu County. On a regional level, transport network will improve especially in facilitating road related transport activities and various socio economic functions of its feeder roads.

The road will also enhance delivery of social services within areas it traverses. The improvement of socioeconomic activities at regional level will create ripple effects at national level whereby fast development in various sectors will be achieved. The construction and operation of the proposed project road will therefore contribute significantly to the boosting of faster and better road connectivity within Kiambu.

1.4 PURPOSE OF ESIA

Pursuant to Environmental Management and Co-ordination Act (EMCA) of 1999, road projects in Kenya must carry out an ESIA study before construction work commences. The main objective of this Act is to provide for the establishment of an appropriate legal and institutional framework of the management of the environment in Kenya, including the establishment of a National Environment Management Authority (NEMA). The proposed initiative has therefore carried out the ESIA which will be reviewed by, among others, NEMA before issuance of an approval and license to start construction work.

The purpose of this study and its overall objective is to ensure that all the environmental concerns are integrated in the implementation of the project cycle in order to contribute to sustainable development of the general project area and areas in close proximity to it. There is the need to assess the potential environmental impacts and socioeconomic conditions which will be associated with the activities for the proposed road project.

Secondly, the study is intended to propose workable mitigation measures and thirdly to formulate an environmental management and monitoring plan articulating the mitigation measures, responsible persons, frequency of monitoring, required resources, time frame for its implementation and possible costs.

Names of technical expertise involved in the ESIA process, qualification, experience and their role are indicated in Table 1.3.

0.3: Technical Expertise Involved in the ESIA Process

Name Role Qualifications Experience (years)

Isaiah Kegora Environmentalist Bsc, Msc Over 10 years

Joseph Ndungu Environmentalist BA, MA Over 10 years

Pauline Ikumi RAP/Gender Specialist BA, MA Over 10 years

Allan Otieno Environmentalist Bsc Less than 10 years

6 1.5 OBJECTIVES OF ESIA

The study will provide the decision makers in the Government of Kenya, with sufficient information to construct sections of the road to all-weather bitumen road while rehabilitating and/or improving some sections to serve the estimated future traffic. This may include widening or dualling sections of the road as may be demanded by the traffic studies. Key objectives of the ESIA during the design stage of the proposed project are:-

 Identify possible impacts related to the proposed road design and modify and/or improve the design before construction work commences. The impacts can be on physical, biological, social and cultural environments.  Ensure efficient resource use  Enhance social aspects  Identify key impacts and measures for mitigating them  Inform decision-making and condition-setting  Avoid serious and irreversible damage to the environment  Protect human health and safety

1.6 TERMS OF REFERENCE

Environmental and Social Impact Assessment (ESIA) has been conducted as per the scope of work that was provided by the Client KeNHA. The Consultancy team conducted and made analyses which have details on the positive and negative effects of the development of the project on the environment. ESIA report has been prepared recommending appropriate solutions to minimize any undesirable effects resulting from improvements of the road. The analyses and as per the ToR has included, but not limited to the following:- a) The role of the project in the development plans at national and regional level; b) Description of project baseline environment c) Preservation of areas and land use of particular value including agricultural and, natural conservation areas, forests and other important natural resources, cultural and historic sites, etc; d) Assessment of direct impact on agriculture and forestry, particularly the utilization of the fuel wood and water; e) Disturbance of vegetation, and plans for re-vegetation; f) The prevention of soil erosion and sedimentation; g) The presentation of health hazards arising from ponding water and pollution of water courses and/or sources; h) Measures for the rehabilitation of construction materials, borrow pits and quarries; i) Health and sanitation for the road construction labour units; j) Assessment of the impact on demographic factors including the prevention of undesirable roadside developments and recommend regulations and measures to limit negative impact on adjacent communities and areas. k) Identify potential environmental impacts that could result from the project l) Occupational Safety and Health concerns m) Carry out public participation and consultations on the positive and negative impacts of the project.

7 n) Propose Mitigation Measures to the identified environmental and social impacts o) Development of Environmental Management and Monitoring Plan (EMMP)

The Environmental Impact Assessment (EIA) study will be in accordance with the Environmental Management and Co-ordination Act (EMCA), 1999 and the Environmental (Impact Assessment and Audit) Regulations, 2002.

The consultant will assist the client in following up and obtaining the approval and the NEMA licence.

As part of the EMMP, the consultant shall prepare a Resettlement Action Plan (RAP) which will entail the following:- a) Provide the Statutory Framework for RAP b) Social Assessment and Socio-economic Surveys of Project Affected Persons (PAPs) c) Census and Inventory Survey d) Determine Eligibility Criteria for various categories of affected people e) Develop Entitlement Matrix for proposed Resettlement and Compensation Policy f) Undertake Valuation of the Affected Assets g) Propose Organisational Arrangements and Procedures for Delivery of Entitlements h) Undertake Consultation with and include Participation of Affected People i) Propose an effective Grievance Redress Mechanism j) Propose a Budget to operationalize the RAP k) Prepare Monitoring and Evaluation Arrangements l) Propose an Implementation Schedule m) Secure Formal Acceptance/Consent from PAPs n) Undertake public consultation and disclosure with the stakeholders and PAPs o) Preparation of detailed RAP report

8 2.0 PROJECT DESCRIPTION 2.1 PROJECT LOCATION

The proposed road will traverse through Kiambu County only. The project road is approximately 62 kilometres and commences on a Junction B32/B30 (Kiambu road, opposite Kiambu Institute of Science and Technology) and proceeds through Kirigiti, Riabai, Ngewa, Kibichoi, Nembu, Ichaweri, Gatundu, Kang’oo, Mang’u and ends at Junction B30/A2 Thika Super Highway.

0.2: Location of the Project Road

9 2.2 OVERVIEW OF ROAD CONSTRUCTION

2.2.1 Techniques to be Used, Cross Section and Alignment2

General considerations for the road pavement design will be guided by the selection of the most economical combinations of pavement materials and layer thickness that will provide sufficient strength and durability to last over the design life of the pavement with only routine maintenance. Main factors considered in the design include:-

The volume and axle load distribution of traffic that will use the road over the 20 year design life.  The strength of the sub-grade underlying the pavement  Locally available construction materials and their strength characteristics.  Environmental conditions.

The construction technique to be used for the proposed road will be the use of bitumen. The method is the most preferred due to its flexibility. It will consist of four layers of bitumen, with the bottom layer being the thickest and the subsequent three layers will keep on thinning as the get to the top. Major advantages of bitumen is due to its elasticity as it tends to acquire the shape of load above it, it can hold heavy traffic and it is water proof.

Specifically and from the Road Design Manual part III, the type of pavement are suitable for T1 traffic loading as is applicable to all sections of the project road will be type 11 and 12 (AC surfacing (type1) + Dense Bitumen Macadam base + Base quality GCS or cement / lime improved Material sub-base)3.

0.3: Typical Single Carriageway Cross Section

2 Refer to the hydrology, structures and road drainage design report for this project. 3 Refer to the Materials and Pavement Design Report, Feb. 2019.

10 0.4: Typical Dual Carriageway Cross Section

Source: Hydrology, structures and road drainage design Team, Feb. 2019.

11 3.0 ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT METHODOLOGY

3.1 APPROACH TAKEN IN THE ESIA

The ESIA approach that was applied entailed the following:-

i. Scaling and work evaluation (determination of geographical and other boundaries; preliminary assessment); ii. Detailed assessment based on: project design and technologies vis-à-vis environment, socio- economic considerations of the project area; evaluation of pre-existing environmental, social, cultural and economic conditions, pressures and impacts; identification and evaluation of potential environmental, social, cultural and economic impacts that may arise from the proposed project; public consultations to explain what the proposed project is all about and to receive their views, perceptions, concerns and local expert knowledge and advice with respect to the proposed project; iii. Determination/evaluation of the significance of the potential project impacts and recommendation of mitigation measures; iv. Development of an Environmental and Social Management Plan and Monitoring Programme; and decommissioning of some project facilities; and v. Preparation of the ESIA Project Report. 3.2 COLLECTION OF BASELINE DATA

3.2.1 Overview of Methods

Primary data was collected from information gathered directly from the respondents. It included interviews and focused group discussions. In focus group discussion forum, key stakeholders had the opportunity to interact with one another and discuss about their key concerns on the proposed road. Questionnaires were avoided due to impracticability of their effectiveness. Secondary data was collected from the already documented information from the project SEA report, published materials, books, pamphlets, journals as well as internet research from reliable websites were reviewed and project relevant information deduced. 0.4: Data Collection Techniques Primary Data Collection Areas Applied/ Participants Remarks Technique 1 Interviews (Experts interviews,  Stakeholders’ forum. Interviews held. focused group discussion). 2 Questionnaires  Applied in Socioeconomic Successful in identifying Survey socioeconomic features 3 Public consultative  Community members living in Meaningful primary data meetings/forums. close proximity to the project was collected. road.  Consultative forums with key stakeholders 4 Observations (direct observations) During consultative meetings, Observations successfully within impact areas done. 5 Digital photographic Along the project road and during Digital photographic documentation (Photolog) consultative meetings. documentation.

Source: Consultants’ Team, Dec. 2018.

12 In order to gain public views, concern and value with regard to the proposed road, public living in close proximity to the project road were consulted.

Consultative meetings were held at Kirigiti, Ngewa, Kibichoi, Komothai, Mangu and Ngoingwa.

Field work was done in the months of November 2018 and January, February March 2019. Preparation of the ESIA study report was done in January and April 2019.

3.2.3 Physiography and Geology

Baseline information for the physiography and geology within the proposed project site was done through reviewing the existing secondary data. Field visits within the project sites were done whereby relevant information was gathered.

3.2.4 Climate

Climate data for the three counties to be traversed by the project road were collected from the Kenya Meteorological Department, Nairobi as well as the available secondary data.

3.2.5 Air Quality, Noise and Vibrations

The value of air within the surrounding project environment was done. Desk studies and mapping, through field visits was done to establish the location of the trading centers, households and institutions close to the project road, at approx. 200 meters on both sides. The numbers of establishments which can be exposed to air quality impacts during the project cycle were mapped and air quality noted.

The same methodology was used to establish locations which will be vulnerable to noise and vibration. The acquired data will be used during construction phase, in accessing the trends of air quality and noise at selected sites. Through this, the magnitude and trend of air pollution and noise will be known and plotted. Indicators of large value were noted and they are:-

 Density of population along the road. These areas are will be more vulnerable to air pollution and noise than less densely populated ones  Vulnerability of the settlements. Children and the elderly will be more sensitive to noise than the rest of the population.  Hospitals, schools and kindergartens were therefore noted to vulnerable to noise and local air pollution. Table 3.1 below can be used during the construction period in forming a rough basis for noise assessment within the identified receptors along the project road, based on Average Annual Daily Traffic (AADT). The variation of the graph will form basis for implementing specific mitigation measures to curb noise pollution within the identified receptors.

13 0.5: Basis for Assessment for Noise Exposure within Selected Receptors4

Source: Adopted from Guideline No. 5, Planning EIA of Road Infrastructure, Botswana.

3.2.6 Land Resources

Existing literature from Kiambu County was reviewed, which details on land resources within the areas where the road will traverse. This included integrated development plans from the Counties, geology and mineral resources maps and site

3.2.7 Road Network

The county has a total of 5533 km of roads network. 249 Km of road are yet to be opened. The roads under bitumen standards are 865.4 KMs, 1051km on gravel, 3167km on earth surface. The county is served by Thika Super Highway from Githurai-Ruiru-Juja-Thika on average of 50Kms and A104 Uthiru-Kikuyu-Kamandura- Kinungi on average of 65 which 25.1km of it is on rehabilitation expansion programme.

The proposed project is a class B30 road which is set to create an alternative route from Kiambu to Thika. The road is currently in existence but some areas are of damaged and of poor quality. The proponent intends to acquire a 20m both sides of the existing road.

3.2.8 Noise and Vibrations

Receptors and Method Used in Noise Sampling

Noise survey methodology will involve the measurement of noise levels, to be taken at identified noise receptors within the proposed road corridor and as per the ISO 1996 Parts 1, 2, 3 standards, which entails the following:-  Inspection of the monitoring locations and the implicated activities  Compiling photographic reports of the monitoring locations and surroundings.  Calibration of the sound level meter before and after each measurement.

4 The graph will change based on the site situation during the start of the project.

14  At all positions the spot check was mounted on a tripod approximately 1.5m above ground level.  Noise levels to be expressed in decibels, A-weighted sound pressure level (dBA).  The noise level for each point was measured and the following were recorded:  Measurement time and durations (15-minute measurements).

 The equivalent noise level (LAeq), maximum sound pressure level (LAmax), minimum sound pressure level (LAmin) and LAPEAK(MAX)  Statement of on-site calibration verification before and after each series of measurements.  Sources of Noise.

3.2.9 Solid and Liquid Wastes

Current status of waste management with built up areas- trading centers and schools were noted. Waste management guidelines from NEMA were reviewed. The noted guidelines will be applied by the contractor during construction period. This will be pursuant to Environmental Management and Co- ordination Act, (Waste Management Regulations) 2006, Part II, Solid Waste, which has provisions on disposal methods.

3.2.10 Public Consultations and Socio-Economics

In order to gain public views, concern and value with regard to the proposed project road, public living in close proximity to the project road were consulted. Through this, it is anticipated that transparency and accountability in the final project report would be achieved. Possible conflicts between the key stakeholders, PAPs, community members living in close proximity to the project road, interested parties, mandated government agencies, among others, would be addressed and solved at an earlier stage. Possible delays in project implementation and extra costs will be avoided.

A range of formal and informal consultative methods were used by the consultants' team who carried out EIA and RAP study, but not limited to: focus group discussions (FGDs), public meetings, community discussions, and in-depth and key informant interviews (KII). In addition to the censuses and sample socio-economic surveys were undertaken. The consultants' team undertook consultation with special and vulnerable groups to put into consideration of their views. The consultants' team encouraged public participation in their consultations by informing members of public the meeting venues beforehand. The participants had the opportunity to express their opinion on priorities which the project should address. The key stakeholders identified for the proposed project included:-

 Communities/families/ individuals who are affected by the Project;  county, regional and national levels;  PAPs  NGOs and CBOs  Private and Charitable Organizations  County Government and Local leaders (County Commissioners, Deputy County Commissioners, Assistant County Commissioners, Chiefs, Assistant Chiefs, County, Sub County Administrators, Opinion Leaders among others).

15 0.5: Details of Public Consultations

No Date Time Location Venue Attendance

1 14th May 2019 10: 00hrs-1200hrs Kirigiti Kirigiti Center 202

2 15th May 2019 1030hrs-1230hrs Ngewa Ngewa Center 114

3 16th May 2019 1000hrs-1200hrs Kibichoi PEFA Church Kibichoi 50 Ngoingwa Chiefs 4 23rd May 2019 1000hrs-1200hrs Ngoingwa 78 Camp Marige Shopping 5 24th May 2019 10:00hrs-12:00hrs Komothai 66 Center Mangu Youth 6 2nd June 2019 1340hrs-1540hrs Mangu 90 Recreation Center

0-4: Consultative Public Meetings MANGU

Consultant introducing the project Community Members at the Baraza NGOINGWA

Consultant Engaging the Community Community Member seeking clarification

16 KIRIGITI

Attendance at the Baraza Engineer addressing the community NGEWA

Consultant addressing the meeting Community elder raising a concern KOMOTHAI

Consultant addressing the baraza Attendance During the Baraza

3.2.11 Health and Public Safety

Secondary data was acquired from the available literature from Kiambu County integrated Development Plan. The data included demographic structure, population trends among others relevant to public and health safety. The data was reviewed along with available literature from reliable sources on health and public safety during road construction process. Field survey was done to collect the primary data on the location of various receptors such as settlements and trading centers close to the project road, health centers, location of services like schools, health facilities etc. The vulnerability of the identified receptors in relation to the proposed road alignment was noted.

17 3.2.12 Key Informants Interviews

A reconnaissance survey was carried out in October 2018 whereby the key informants were identified. A schedule for consultative meetings with the informants was agreed upon. Consultation were later held and minuted5. The key informants, apart from the local communities, are listed in Table 3.2.

0.6: Key Informants during the Consultative Public Participation

Name Designation Comment Dr. Joseph K. Nganga County Executive  Social challenges among youth in the Committee Member project area are drug abuse. The Education, Gender, contractor should develop a management Culture and Social on alcohol/drugs management. services  Loss of land is the most adverse negative impact; it should be mitigated by adequate compensation.  Women should be involved alongside their male counterparts.  The project can enhance the spread of HIV/AIDS. This need to be managed through HIV/AIDS control programs.  Need for continuous stakeholders engagements during all the project phases Muiru Mwangi Chief Officer Education,  The proponent should conduct CSRs in Gender, Culture and all public schools affected by the project. Social services  The project at implementation stage should engage the local youths Magdalene .N. Waweru Social Welfare Officer  In support of the project  The contractor should not employ persons under 18 years.  Youths should be considered for employment.  The project should consider equipping the local technical institutions. This will promote providing the much needed skills which can be used in the project. Charles .M. Kagema National Lands  The area is predominantly private land Commission (NLC) parcels with business and agriculture as County coordinator the main economic activities. Kiambu County.  The consultant and the proponent will experience land cases and family conflicts. This should be addressed through local grievance redress committee.

5 Refer to the certified minutes for the meetings with informants in the appendix of this report.

18  The consultants should expect a number of subdivision along the road corridors.  In support of project. Advised for thorough public and stakeholder consultation at this stage.  NLC is mandated to carry out valuations, public enquiries and acquisitions for the Government and at such a time will offer expertise. Samuel Kariuki Youths Administrative  In support of the project. officer  The project should come up with programmes to sensitize the youths on alcohol and drugs.  During the project implementations the local youths should be attached to the project. This will enable them acquire practical skills. Source: Consultants Team, May 2019

3.3 DEVELOPMENT OF THE ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN

3.3.1 Objectives of the ESMP

 Identify potential impacts that may occur during the project cycle – design, construct, and commission/operation.  Develop detailed specific mitigation measures with relevant costs implication that will need to be achieved during the project cycle;  Specify responsibilities and institutional arrangement that will be put in place to ensure that the mitigation measures are implemented  Integrating environment fully into the various activities of the proposed project and ensuring inclusion of environmental requirements into tender documents, continuing management and evaluation of the environmental performance of the project.  Tracking to ensure the effectiveness of the mitigation measures at meeting the anticipated standards;  Provide targets to achieve, timeframe and monitorial indicators.

3.3.2 Categorization of Potential Impacts during the Project Cycle

The activities related to the proposed initiative have the potential to cause environmental impacts of varied significant levels. The impacts arising from the proposed project can be categorized into direct, indirect and cumulative impacts. These categories can be further broken down according to their nature, into positive or negative impacts, random or predictable impacts, local or widespread impacts, temporary or permanent impacts, and short- or long-term impacts. These impacts can be grouped as indicated in the table below:-

19 0.6: Categorization of Potential Impacts during the Project Cycle6

IMPACTS ON HUMAN AND NATURAL ENVIRONMENT

POSSIBLE IMPACTS

Predictable Temporary Permanent Long (l) Short (s) Term

• Improved  Occupational hazards  Redevelopment  Increased formal /informal accessibility  Noise  Increased business employment (s) • Shortening of  Dust  Improved land value  Change of landscape (l) travel time  Solid waste  Change of scenery  Aesthetic beauty (+ve)

For an impact to occur there must be an interaction between Project activity and a receptor. The project activity is defined as: A physical action or presence of infrastructure associated with the operation of Project plant, equipment or vehicles, or the actions of Project employees. While receptor represent someone or something that could be influenced by the Project, including human health, water resources, air quality, ecological habitats or species, cultural heritage assets, and the wider environment.

0.7: Impacts Terminologies and Clarifications

Term Definition

Direct Impact Occurs as a result of activities undertaken in direct connection to the project Indirect Impact Occurs as a consequence of a direct impact (sometimes as part of a chain of events) and may be experienced at a point in space or time that is removed from the direct impact. Secondary Impact Socioeconomic and cultural changes which may be experienced at a point in space or time that is removed from both direct and indirect impacts. Cumulative Impacts Impacts that result from incremental changes caused by other past, present or reasonably foreseeable actions together with the project. Inter-related impacts The impacts resulting from the inter-relationship of different topic- specific impacts upon the same receptor (e.g., where the impacts from noise and impacts from air quality affect a single receptor such as fauna). Positive or negative Impacts can be either negative or positive. Positive impacts merit just impacts as much consideration as negative ones, as international, national and local policies increasingly press for projects to deliver positive biodiversity outcomes. Positive impacts can be considered for all the definitions above.

6 The hereby listed possible impacts are just but are few. Further impacts are explained elsewhere in this report.

20 3.3.3 Impacts Rating Scale

0.7: Environmental and Social Impacts Screening Matrix

Environmenta Bio- Physical Social and Socioeconomic Aspects l Components logical

Physical

Flora

Fauna

Activities quality

Land use

Soil Erosion

Gender Issues

aeological Heritage

Land acquisition

Waste generationWaste

Health and Safety

Cultural Properties

Air Quality and Dust

Noise and Vibrations

Public Infrastructures

Agriculture / Farming

Surface /Ground Water

Arch

Pressure on Public Utilities

Pre- Construction 0 N N N N -2 N -2 -2 N -1 -1 N N N +2 Phase Construction -2 -1 -1 -1 -1 -1 -1 -2 -2 -1 -1 -1 -2 -1 N +1 Phase Operation and N N N N N N N N N +2 N +2 N N N +2 Maintenance Phase Key: -2=High Negative Impact. -1=Low Negative Impact. 0=insignificant/Negligible impact. +2=High Positive Impact +1=Low Positive Impact N = No Impact

21 4.0 POLICY, LEGAL AND REGULATORY FRAMEWORK 4.1 THE CONSTITUTION OF KENYA 2010

In Part 2 of the Constitution, on the Rights and Fundamental Freedoms, under Article 42 states that, "Every person has the right to a clean and healthy environment, which includes the right:-

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

b) to have obligations relating to the environment fulfilled under Article 70".

Further, in Part 2 of the Constitution on Environmental and Natural Resources, Article 70 (1) on Enforcement of environmental rights, it states that:-

"(1) 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 in addition to any other legal remedies that are available in respect to the same matter.(2) On application under clause (1), the court may make any order, or give any directions, it considers appropriate:-

a) to prevent, stop or discontinue any act or omission that is harmful to the environment; b) to compel any public officer to take measures to prevent or discontinue any act or omission that is harmful to the environment; or c) to provide compensation for any victim of a violation of the right to a clean and healthy environment.

4.2 THE POLICY FRAMEWORK

4.2.1 Vision 2030 Development Strategy

The project road is part of the Kenya Vision 2030 Strategy which is the national long-term development policy that aims to transform Kenya into a newly industrializing, middle-income country providing a high quality of life to all its citizens by 2030 in a clean and secure environment. The Vision comprises of three key pillars: Economic; Social; and Political. The Economic Pillar aims to achieve an average economic growth rate of 10 % per annum and sustaining the same until 2030.

The road project is an important component of XXXX

4.2.2 Road Sub-Sector Policy and Road Sector Investment Programme (RSIP)

The implementation of the RSIP will be carried out by the road agencies and through private sector participation. The road agencies are expected to outsource from the private sector most of the works, goods and services. Following the approval by Parliament of the policy on Public-Private Partnership (PPP) arrangements in financing and implementation of public projects, some components of the RSIP will be delivered through concessioning and other PPP methods.

4.2.3 Counties Integrated Development Plans

One of the objectives of the road project is to integrate the transportation system and land use pattern in order to optimally exploit the potential of the three countries being served by the road. The project road is therefore fully consistent with aims and objectives of the Regional Development plans.

22 4.2.4 National Gender and Development Policy

The overall objective of this policy is to facilitate the mainstreaming of the needs and concerns of men and women in all areas in the development process in the country. General policy objective is to enable men and women to have equal access to economic and employment opportunities. Specific objectives of this policy, which are relevant to the project road include:-

Enhance measures that guarantee equity and fairness in access to employment opportunities, in both formal and informal sectors. The road contractor should therefore give both men and women equal opportunities in employment during road construction.

Priority should be given to communities and individuals living in close proximity to the project road as opposed to the contractor coming with his own employees from elsewhere. This can cause conflicts leading to disruption of road construction schedule.

The contractor should be gender sensitive, especially when incorporating women into the road upgrading activities. It will be common that women might be more interested in carrying out traditional house chore activities as compared to strenuous road construction chores. However, there are various jobs that women can carry out during road construction.

4.2.5 HIV/AIDS Management Instruments

Vision 2030 has the key objective of transforming the country into a globally competitive and prosperous nation with a high quality of life by 2030. It is anchored in three pillars—economic, social, and political. Under the Social Pillar, HIV is listed as one of the preventable diseases that continue to exert a heavy toll on the Kenyan population. For Kenya to achieve sustained economic growth as outlined in Vision 2030, a healthy population is critical.

The mandate of the National AIDS Control Council is to coordinate the multi-sectoral response to HIV in Kenya. In building upon this role, and seeking to forge a stronger response in the coming years, NACC, in partnership with a wide range of stakeholders, developed the Kenya National AIDS Strategic Plan 2009/10-2012/13 (KNASP III), whose vision is: ‘An HIV-free Society in Kenya’.

During construction phase of the project road, employees and people in search for jobs along the project road is likely to generate a high risk of increased spread of HIV/AIDS and STIs in the project area. This will be mitigated through HIV/AIDS/STI intervention programmes which should be put in place and effectively implemented and monitored.

The implementers of HIV/AIDS mitigation measures will use the Results-Based Management (RBM) programme approach which will focus on ‘results, which will be measurable or through change resulting from a cause and effect relationship and their awareness on HIV/AIDS.

4.3 KENYA LEGISLATION AND REGULATIOS

4.3.1 Explosives Act, Cap 115

The contactor, apart from acquiring a license, should use explosives magazines as specified by The Explosive Act 115, subject to the provisions of the explosives (blasting explosives) rules, subsidiary legislation and special conditions.

Within all the quarries and where possible, the contractor should use low tension explosives (class 2) that do not cause fright of fragments.

Before carrying out the explosion exercise, the quarry supervisor should make sure that there is no one within the vicinity, especially children, men, women, idlers and livestock. The low tension blast should not be noticed after a radius of approximately 100 meters away, the safe blasting distance.

23

4.3.2 Labour Relations Act, No. 14 of 2007.

This is an Act of Parliament to consolidate the law relating to trade unions and trade disputes, to provide for the registration, regulation, management and democratization of trade unions and employers organizations or federations, to promote sound labour relations through the protection and promotion of freedom of association, the encouragement of effective collective bargaining and promotion of orderly and expeditious dispute settlement, conducive to social justice and economic development and for connected purposes.

4.3.3 Occupation Health and Safety Act (OSHA), Cap 15 of 2007.

The OSHA outlines and explains issues relating to safety, health and welfare of the workers and all persons lawfully present at workplaces. During the road construction phase, the contractor must comply with the following issues explained in this Act which are:-

• Duties of employees • Prohibition against creation of hazards. • Machinery safety and safety general provisions.

4.3.4 Public Health Act, Cap 242

Section 118 of this Act states that any factory or trade premises not kept in a clean state or free from offensive smell arising from any drain, privy, water closet or urinary or not ventilated as far as practicable, any gases or so overcrowded or so badly lighted or injurious or dangerous to the health of those employed therein is liable to be dealt with as provided in the Act. The contractor has to put in place the following measures to avoid the above factors that are injurious to the surrounding and to the employees, especially within the workmen’s camp, asphalt plant or at quarries:-

• Use of protective gear to be emphasized and monitored. • To maintains that the toilets are cleaned and disinfected regularly. • Working area at the workshop to be spacious enough spacious and comfortable for workers (ergonomic considerations at workplace).

4.3.5 The Sexual Offences Act of 2006

This is an Act of Parliament to make provision about sexual offences, their definition, prevention and the protection of all persons from harm from unlawful sexual acts, and for connected purposes. Considering that there are various primary schools and secondary schools within the project road areas, the contractor and his employees, especially men, should be well informed that they should desist in developing unlawful relationships with pupils with the objective of deceiving them. The law of Sexual Offences will be applied to them if found doing so and convicted in a court of law.

4.3.6 Work Injury Benefits Act, No. 13 of 2007

This Act provides provisions for compensation to employees for work related injuries and diseases contracted in the course of their employment and for connected purposes. The obligations of the employer is to make sure that the employer is insured and registered with an approved insurer in respect of any liability that the employer may incur under this Act, Rights to Compensation, e.g. in case of an accident and avoid any exposure of the employee to occupational diseases. The contractor should:-

 Make sure the permanent workers are insured and registered with an insurer.

24  Make sure there is an effective HIV/AIDS programme undergoing to the employees during the road construction phase.  Make sure there is a trained First Aider at the working places and provide a well-equipped First Aid Kit.

4.4 NEMA AND ASSOCIATED REGULATIONS

4.4.1 Environmental Management and Coordination Act (EMCA) 1999

Environmental Management and Co-ordination Act 1999 EMCA 1999 is the main environmental law governing the management and protection the environment in Kenya. The Act provides both legal and institutional framework needed for sustainable management of the environmental resources. It provides for the development of other subsidiary and more specific regulations to help in environmental management. Additionally, it establishes different institutions that carry out specified roles in the environmental management. These include NEMA, NEC and NET.

EMCA 1999 brings in the Environmental Impact assessment as an important tool to be used in the management of the environment and ensuring the integrity of the environment is maintained especially by the projects that can potentially have negative impacts on the environment. This Act puts the responsibility of ensuring the adherence to the EIA on NEMA, hence the involvement of the body in the EIA development process. These are directed in subsection 1 and 2 of Section 58 of the Act. The Act goes further to list the kind of projects which require EIA prior commencement under the Second Schedule. Road construction is listed under part 3 (a) and (b).

Section 50 of the Act covers conservation of biological diversity and part (c) states the Authority (NEMA) shall identify potential threats to biological diversity and devise measures to remove or arrest their effects”, and infrastructural development is a potential threat, hence the importance to consider how biodiversity and the environment in general can be impacted.

4.4.2 The Environmental (Impact Assessment and Audit) Regulations 2003

These regulations were developed following the directive by EMCA 1999 specifically Section 147 which calls for the Minister in charge of environmental affairs to develop regulations to guide the enforcement of the environmental law. According to Section 4 subsection concerning the approval of EIA (1) No proponent shall implement a project (a) likely to negatively affect the environment and (b) which requires an EIA to be carried out.

EIA has been carried out and approved as guided by the law. Subsection 2 forbids any licencing authority from issuing a licence to any project requiring EIA before an EIA has been done and the proponent issued with an EIA certificate. Under the Subsection 4 of these regulations, if the EIA raises issues that can affect more than one district, then the Authority shall submit the application to the relevant Provincial Environment Committee. This is very likely scenario for this project given that the road shall traverse several Counties. The importance of the local input by the people who are likely to feel the impact of a project is covered in Section 17 subsection (1).

4.4.3 EMCA Waste Management Regulations, 2006

The Environmental Management and Coordination (Waste Management) Regulations, 2006 were developed under the directive of EMCA 1999 to guide the management of waste materials in the environment, ensuring a clean and healthy environment to man and other forms of biodiversity. These regulations are relevant in this project for several reasons. First, this project will see people congregate at the project site and waste material are sure to be introduced in the environment. These will be in the form of wastes from the consumables, food stuff, packaging materials and even the some that will be used in the road construction process. Under Part II on the general provisions are the responsibilities of waste generators. The first responsibility states that no person shall dispose of any waste on a public highway, street, road, recreational area or in any public place except in a designated waste receptacle.

25 The second responsibility says that any person whose activities generate waste shall collect, segregate and dispose or cause to be disposed of such waste in the manner provided for under these Regulations. These responsibilities are more or less summarised in the third regulations that any person whose activities generates waste has an obligation to ensure that such waste is transferred to a person who is licensed to transport and dispose of such waste in a designated waste disposal facility. This will be important because all along the project area, waste materials will be produced and these will inform the development of a proper waste management system. Such handling are further guided in subsection 5 of the regulations under Segregation of the waste by the generator which states that Any person whose activities generate waste, shall segregate such waste by separating hazardous waste from non-hazardous waste and shall dispose of such wastes in such facility as is provided for by the relevant Local Authority. It is therefore important that the local authorities in the project sites are well informed so that they know of the kind of wastes the project will produce and consequently develop proper handling mechanisms in case they are not their already. Such will include proper transportation for which the guidelines are provided under the subsections 7, 8 and 9 of the regulations. It is also important for the project to know of the disposal ability of the local facilities and whether they are able to properly handle the kinds of wastes generated by the project as directed by subsections 12 and 13 of the waste management regulations and the relevant schedules therein.

4.4.4 EMCA (Water Quality) Regulations, 2006, Legal Notice 121.

Environmental Management and Coordination (Water Quality) Regulations, 2006, Legal Notice 121 outlines the protection of sources of water for domestic use, especially prevention of water pollution, protection of rivers, streams, springs, wells and other water sources. It also entails regulations on discharge of effluent into the aquatic environment, application for effluent discharge license, abstraction from a water body under environmental management plan as well as water pollution prohibition. The contractor should therefore, among others and as the situation will demands:-

 Obtain water abstraction permit from the relevant authority (WRMA) before collecting water for road construction from any watercourse.  Avoid dumping road construction spoil material into watercourses.  Discharge his effluent at designated places only, which are approved by NEMA.

4.4.5 EMCA (Air Quality) Regulations, 2014

The Contractor shall ensure the compliance to emission of the air pollutants levels in adherence to the Ambient Air Quality levels specified in the regulations. The regulations have an objective to provide for prevention, control and abatement of air pollution to ensure clean and healthy ambient air. The first paragraphs-Numbered 58 and 59- of Part XI detail the requirements on monitoring and assessment of ambient air quality. The construction activities will result to increased dust and gas emissions. Some construction machinery and trucks will generate exhaust fumes such as Carbon Oxides (CO2), Sulphur Oxides (SO2) and Nitrogen Oxides (NO2). The main sources of air emission and pollutants during the project cycle will be:-

 Dust emission from the road construction activities  Construction plant and equipment onsite  Vehicular movement along the road under construction and from the identified raw material sites, -borrow pits and quarries.

During the construction phase, there will be the need for establishment of baseline levels of priority air pollutants set out in the second schedule of the regulation under Part I; General source pollutants and include; particulate matter, nitrogen oxides and sulphur oxides. The limits included in the first schedule of the regulations.

26 4.4.6 EMCA (Noise and Vibration Control) Regulation, 2009

Section 5 of the regulation warns on operating beyond the permissible noise levels while Section 6 gives guidelines on the control measures for managing excessive noises. In this context, the project team should observe the noise regimes for the different zones especially so for working in areas termed as silent zones which include institutions, and worship places, amongst others. These areas are permitted exposure to Sound Level Limits of not exceeding 40 dB (A) during the day and 35 dB (A) at night.

 The regulation states that a day starts from 6.01 a.m. to 8.00 p.m., while night starts from 8.01 p.m. – 6.00 a.m. Construction sites near the silent zones are allowed maximum noise level of 60 dB (A) during the day, whilst night levels are maintained at 35 dB (A). The time frame for construction sites is adjusted and the day is considered to start at 6.01 a.m. and ends at 6.00 p.m while night duration starts from 6.01 p.m. and ends at 6.00 a.m.

 Part III of the regulation gives guidelines on noise and vibration management from different sources. Sections 11, 12 and 13 of the stated part give guidelines on noise and vibration management from machines, motor vehicles and night time construction respectively. Section 15 requires owners of activities likely to generate excessive noise - e.g. quarries- to conduct an ESIA. The above time limits must therefore be observed.

4.4.7 EMCA (Conservation of Biological Diversity and Resources, Access to Genetic Resources and Benefit Sharing) Regulations, 2006

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

 During the road’s slope protection work within the deep terrains and along the various watercourses and wetland where the road will traverse, landscaping should be done by authorised specialists with showcases in road protection work, e.g. by the use of vetiver grass among other slope protection shrubs.  No plant should be introduced either for landscaping or slope protection without the approval of the project’s Client.

4.4.8 Environmental Assessment and Monitoring Agencies

The National Environment Council: The Council is responsible for policy formulation and directions for the purposes of dev eloping the EMCA. The Council also sets national goals and, objectives, and determines policies, and priorities for the protection of the environment.

The National Environment Management Authority (NEMA): NEMA is responsible for general supervision and, co-ordination of all matters relating to the environment and is the principal instrument of government in the implementation of all policies relating to the environment. The authority is also responsible for monitoring compliance with all the NEMA regulations.

The Standards and Enforcement Review Committee (SERC): NEMA through EMCA has established standards for the various environmental parameters that require management and these include the water quality standards, noise and vibration control standards, and the waste management standards, amongst other. SERC, through the Compliance and Enforcement Department of NEMA monitors the compliance level of the project to ensure environmental control standards are implemented. The committee also follows on complaints reported by the public.

27

The County Environment Committees: These committees contribute to decentralization of activities undertaken by NEMA and thus enable local communities to have access to environmental management information. The committees also conduct quick site visits and review environment related reports of the projects and on occasions could attend site meetings.

4.4.9 Compliance with Legal and Regulatory Requirements

Triggers by the proposed Road Statute Subsidiary Legislation Project

EMCA EIA and Audit In line with this legislation, the project is Regulations, 2003 undertaking an EIA. Site specific EIAs will be required for the materials borrow pits EMCA (Conservation The legislation requires full measures be Of Biological Diversity taken to prevent introduction of alien/ And Resources, Access invasive species of flora and fauna within To Genetic Resources the project site, and which will be And Benefit Sharing) complied with. Regulations, 2006 EMCA (Noise And Maximum allowable noise levels will be Excessive Vibration set and which contractor will adhere to. Pollution) (Control) National Sand Sand harvesting activities, especially Harvesting Guidelines, riverbed harvesting sites should adhere to 2007 the Sand Harvesting Guidelines Water Act 2002 Legal Notice 171, 2007 Section 94 of the Act prohibits (The Water Resource obstruction and pollution of water Management Rules. resources

Section 25 requires that a Water Permit be obtained before abstraction of any water resource

Part A of the sixth Schedule prohibits construction of permanent works and soil excavation in riparian areas.

OSHA, 2010 The Contractor will be required to provide safe working environment, to protect the employees on safety, health and welfare and all persons lawfully present at workplaces. Explosives Act Cap. 115 The contactor, apart from acquiring a license, should use explosives magazines as specified by The Explosive Act 115, subject to the provisions of the explosives (blasting explosives) rules, subsidiary legislation and special conditions.

Within all the quarries and where possible, the contractor should use low tension explosives (class 2) that do not cause fright of fragments Constitution of Kenya 2010 The Contractor will be expected to adhere to: Section 69(2) requires Every person to cooperate with State organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources.

28 Section 70 (1) provides for enforcement of environmental rights in that, If a person alleges that a right to a clean and healthy environment recognized and protected under Article The Public Health Act (Cap. The Act mainly deals with management of public health with a major 242) focus on prevention of contagious diseases.

The Contractor will be expected to liaise with available health facilities as well as the HIV/AID, STD prevention, awareness and training services providers during the project. The National Land This Act creates the NLC with jurisdiction over compulsory land Commission (NLC) Act acquisition in Kenya. 2013 The County Government The development of the project will have to adhere to the County Act of 2012 Government for all the three counties Penal Code The Act makes it criminal for anybody to pollute common resources (Cap 63) Revised Edition such as air, public water supply, acoustic quality, etc and stipulates 2012 fines for diverse offence. If the Contractor Contravenes or fails to comply with the provisions of this act, he will face the law.

29 5.0 BASELINE ENVIRONMENTAL AND SOCIAL PARAMETERS

5.1 INTRODUCTION

This chapter will describe the baseline environmental and social settings as described in the approaches in chapter 3 on Environmental and Social Impact Assessment methodology. It will mainly entail environmental baseline survey and environmental related social and economic baseline.

5.1.1 Layout of the Chapter

Issues that will be addressed in the introduction section will be Geographical Aspects and Boundaries; Administrative Set-up; Communications and Transport; Government, Non- Governmental and Community Based Organizations.

Environmental baseline survey will address Physiography and Geology, Soils, Climate, Air Quality, Surface and Groundwater Resources, Water Quality and Terrestrial Environment all within the areas traversed by the project. Further Aquatic Environment, Land Resources and Parks, Archaeological, Historical and Cultural Sites, Visual Aesthetics, Noise and Vibrations and management of Solid and Liquid Wastes will all be addressed.

Section dealing with Environment-related Social and Economic Baseline aspects will address the following issues: Demography, Education, Housing, Land Tenure Systems, Labour Force, Livestock and Crop Production, Trade, Commerce and Industry, Health Settings, Security and Public Safety, Community Views and Concerns and Corporate Social Responsibility.

30 5.1.2 Geographical Aspects and Boundaries

0.8: Geographical Aspects of the Project Road and Site THE PROJECT ROAD

31 5.1.3 Administrative Structure

Currently, the county is divided into twelve (12) sub-counties namely Limuru, Kikuyu, Lari, Gatundu South, Gatundu North, Githunguri, Kiambu, Ruiru, Thika, Juja, Kiambaa, and Kabete.

These are further sub-divided into 29 divisions, 95 locations and 236 sub locations. The project area is within Kiambu, Gatundu South, Gatundu North and Thika sub counties

5.1.4 Communications and Transport

The county has a total of 5533 km of roads network. 249 Km of road are yet to be opened. The roads under bitumen standards are 865.4 KMs, 1051km on gravel, 3167km on earth surface. The county is served by Thika Super Highway from Githurai-Ruiru-Juja-Thika on average of 50Kms and A104 Uthiru- Kikuyu-Kamandura- Kinungi on average of 65 which 25.1km of it is on rehabilitation expansion programme.

The proposed project is a class B30 road which is set to create an alternative route from Kiambu to Thika. The road is currently in existence but some areas are of damaged and of poor quality. The proponent intends to acquire a 20m both sides of the existing road.

32 0-5: Transport Situation within the Project Sites

The project road passes through Kiambu (km 00+00), Gatundu South, Gatundu North and eventually to Thika through Gatukuyu Commuter vans (matatus) are the main mode of public transport within the project sits.

Majority of the respondents do not own any means of transport (70%) only 30% had a means of transport.

According to questionnaire and interviews findings (May 2019) from participants within the project sites, it was noted that majority of the respondents do not own any means of transport (70%) only 30% had a means of transport. A follow up question on the type of

transport owned by the respondents, results show that very few have personal cars, 26.19% having motorcycles the least was bicycle (3.17%)

Source: SIA questionnaire findings, May 2019.

33 5.2 ENVIRONMENTAL BASELINE SURVEY

5.2.1 Physiography and Geology

Agro Ecological Zones

Kiambu County, within which the project road is situated, is divided into four broad topographical zones viz, Upper Highland, Lower Highland, Upper Midland and Lower Midland Zone. The Upper Highland Zone is found in Lari Constituency and it is an extension of the Aberdare ranges that lies at an altitude of 1,800-2,550 metres above sea level. It is dominated by highly dissected ranges and it is very wet, steep and important as a water catchment area. The lower highland zone is mostly found in Limuru and some parts of Gatundu North, Gatundu South, Githunguri and Kabete constituencies. The area is characterised by hills, plateaus, and high-elevation plains. The area lies between 1,500-1,800 metres above sea level and is generally a tea and dairy zone though some activities like maize, horticultural crops and sheep farming are also practiced.

0.9: Agro-ecological Zones of Kiambu and Soils within the Project Area

The upper midland zone lies between 1,300-1,500 metres above sea level and it covers mostly parts of Juja and other constituencies with the exception of Lari. The landscape comprises of volcanic middle level uplands. The lower midland zone partly covers Thika Town (Gatuanyaga), Limuru and Kikuyu constituencies. The area lies between 1,200-1,360 metres above sea level. The soils in the midland zone are dissected and are easily eroded. Other physical features include steep slopes and valleys, which are unsuitable for cultivation. Some parts are also covered by forests.

5.2.2 Soils

The county is covered by three broad categories of soils which are: high level upland soils, plateau soils and volcanic footbridges soils. These soils are of varying fertility levels with soils from high-level uplands, which are from volcanic rocks, being very fertile. Their fertility is conducive for livestock keeping and growth of various cash crops and food crops such as tea, coffee, horticultural products,

34 pyrethrum, vegetables, maize, beans, peas and potatoes. These soils are found in the highlands, mostly in Gatundu South, Gatundu North, Githunguri, Kiambu, Kiambaa, Lari, Kikuyu, Kabete and Limuru Constituencies. Low fertility soils are mainly found in the middle zone and the eastern part of the county which form part of the semi-arid areas. The soils are sandy or clay and can support drought resistant crops such as soya beans and sunflower as well as ranching. These soils are mostly found in parts of Juja, Thika Town, Ruiru, Kabete, Limuru, Gatundu North and Gatundu South Constituencies.

Most parts of the county are covered by soils from volcanic footbridges. These are well drained with moderate fertility. They are red to dark brown friable clays, which are suited for cash crops like coffee, tea and pyrethrum. However, parts of Thika Town, Ruiru, Juja and Lari constituencies are covered by shallow soils, which are poorly drained, and these areas are characterized by low rainfall, which severely limits agricultural development. However, these areas are suitable for ranching and growth of drought resistant crops.

5.2.3 Climate and Climate Change

The climate in Kiambu and within the project area is warm and temperate. There is a great deal of rainfall in Kiambu, even in the driest month. This climate is considered to be Cfb according to the Köppen-Geiger climate classification. The temperature here averages 18.8 °C. In a year, the average rainfall is 962 mm.

0.10: Temperature within the Project Area

35 The main effect of climate change in the within the project site is the unpredictability of the timing and amount of rainfall received. However there is no documented evidence on the impact of the climate change in the county and hence the need for a comprehensive study in order to adopt effective strategies to address the problem.

5.2.4 Air Quality7

Air quality samples will be taken every three months during the road’s construction period. Project areas where the samples will be taken will be determined during the start of the project. The air quality survey report will mainly show the results and trends of the sampled parameter in relation to the established thresholds, and advice the Contractor/Client accordingly.

Suspended Particulate Matter (SPM) less than 10 micrometer in diameter (PM10) will be monitoring of the air quality. Parameters to be tested will be Sulphur Dioxides (SO2), Nitrogen Oxides (NOx), Carbon Monoxides and Hydrocarbons (HC), Ozone and Volatile Organic Compounds (VOCs) with a frequency of 24hr/day for two consecutive working days per week for two weeks at 4 months intervals during construction period. Monitoring should be at agreed locations for every along or within the project road.

5.2.5 Surface and Groundwater Resources

The main rivers traversed by the project road are Kamiti River km 6+400, Ruiru River at Marige km 15+300, Komothai River km 20+600 and Theta River at Gathage 27+600. 0-6: Rivers Traversing the Project Road.

River Ruiru

5.2.6 Land Resources and Land Use

The size of arable land in the county is 1,878.4 Km2 and the non-arable land is 649.7 Km2 and 15.5 Km2 is under water mass. The average holding size of land is approximately 0.36 Ha on small scale and 69.5Ha on large scale. The small land holdings is mostly found in upper parts of Gatundu North, Gatundu South, Kiambaa, Limuru and Kikuyu constituencies. The fragmentation of the land has made it uneconomical and hence majority of the farmers are converting their farms into residential plots to supplement the meager income from the farms. The large land holdings are not within the project sites.

0-7: Typical Trading Centers within the Project Area

7 The best and appropriate time to collect air quality data is just before the project’s construction activities commences, and thereafter, every three months during construction stage. Data collected at this stage will end up being obsolete since the environment will have changed by the project will start.

36 For the last 35 years, land use in Kiambu, and areas close to the project road has been gradually changing, with agricultural land being taken over by structures, - mainly buildings and urban centres, e.g. the former coffee farm at km

6+200, now a gated community, the Migaa Golf Course. Agricultural land has been reducing while build areas have been increasing (Refer to Fig. 5.4 below.).

This trend of development will have impact on the proposed upgrading of the project road; - more settlement, associated population increase and associated services.

0.11: The Changing Land Use Trend in Kiambu

Source: M.M. Kiio; P.A. Achola Odera, 2015.

5.2.7 Visual Aesthetics and Intrusion

The aesthetic qualities of the landscape can be accessed from both in the non-built and in built-up areas. The visual qualities of the landscape and the character of the landscape are a result of the topography and the geology, the water resources in the area, the climate, human influence and other land use.

37 During construction phase, earthwork, cut and fill, diversions, construction of structures will all create visual intrusions to the environment. Specific areas which will experience visual intrusions will include:-

0.12: Review of Areas of Possible Visual Intrusion within the Project Site Chainage Project Area/ Triggers of Site Photo (in km) Aesthetic Value Km 00+000 Earthwork during construction of overpass, underpass, pilling

Km 1+000 Kirigiti roundabout

Km 17+600 Construction of the bridge, new alignment and its operation thereafter will slightly change site within the river.

Kwa Mbari, Buildings within the trading center km 20+000 will all be removed to pave way for construction work.

5.2.8 Noise and Vibrations

Noise and vibration will be expected during construction work, with impacts being experienced within the trading centers where the land will traverse. The centers are at Kirigiti, Ngewa, Riabai, Lioki, Kibichoi, Gatuanyaga and Ngoingwa.

Learning institutions are however not close to the project road and the noise impact will be negligible. There are no quarrying sites identified close to the project sites. There will be no quarrying related noise in close proximity to the project sites.

5.2.9 Solid and Liquid Wastes

Solid and liquid waste will originate from the Contractors Camp, vehicle garage and storage sites. Waste will originate from construction site, -, spoil material, cleared vegetation, debris etc. The waste can be a health hazard if it is not disposed properly, and as per the requirements of NEMA Waste management regulations.

38 The Contractor will implement waste management system which will be monitored regularly by the supervising consultants.

5.3 SOCIAL-ECONOMIC BASELINE SURVEY

5.3.1 Social Characteristics

5.3.1.1 Demographic Characteristics within the Project Site According to the 2009 Kenya Population and Housing Census, Kiambu County population stood at 1,623,282 which is projected to be 1,942,505 by 2018. The population is further projected to reach 2,090,592 by the end of 2022.

The proposed road will be located in Kiambu, Githunguri, Gatundu South, Gatundu North and Thika town Sub counties all of which have relatively high populations.

0.13: Population Distribution and Sub - Counties to be Traversed by the Project Road

2009 Census 2018 Projections 2020 Projections 2022 Projections

Name of Sub Density Density Density Density Population Population Population Population County (Km2) (Km2) (Km2) (Km2)

Gatundu South 114,180 593 136,634 710 141,735 736 149,830 778

Gatundu North 100,611 352 120,396 421 124,890 437 132,024 462

Juja 118,793 365 142,154 437 147,461 453 155,883 479

Thika town 165,342 760 197,857 909 205,243 943 216,966 997

Ruiru 201,986 1003 241,708 1,200 250,730 1,245 265,051 1,316

Githunguri 147,763 852 176,821 1,020 183,421 1,058 193,898 1,118

Kiambu 108,698 1026 130,073 1,228 134,929 1,274 142,635 1,346

Kiambaa 145,053 1979 173,578 2,368 180,057 2,457 190,342 2,597

Kabete 140,427 2329 168,042 2,787 174,315 2,891 184,271 3,056

Kikuyu 125,402 713 150,063 853 155,664 885 164,556 936

Limuru 131,132 466 156,920 558 162,777 578 172,075 611

Lari 123,895 282 148,260 337 153,794 350 162,578 370

Kiambu County 1,623,282 638 1,942,505 763 2,015,014 792 2,130,109 837

Source: Integrated Development Plan, Kiambu County.

39 0.14: Kiambu Urban Population and Centers to be Traversed by the Project Road

2009 Census 2018 Projections 2020 Projections 2022 Projections

Town Male Female Total Male Female Total Male Female Total Male Female Total

Gatundu 2,580 2,970 5,550 3567 3945 7512 3890 3205 7095 4125 3469 7594

Githunguri 4,843 5,164 10,007 6395 6809 13204 6701 7155 13856 7107 7481 14588

Juja 20,488 19,958 40,446 24101 25622 49723 24625 26777 51402 25122 28101 53223

Limuru 39,433 40,098 79,531 51926 52111 104037 53201 55332 108533 56345 58971 115316

Kiambu 41,247 42,908 84,155 55321 57148 112469 59621 61925 121546 63445 65641 129086

Karuri 53,735 53,981 107,716 72526 72929 145455 77926 78107 156033 82324 82722 165046

Thika 68,408 68,509 136,917 91424 91629 183053 96927 97221 194148 101425 102321 203746

Ruiru 119,147 119,711 238,858 159431 160087 319518 169221 170131 339352 179335 180221 359556

Kikuyu 114,357 118,874 233,231 153241 153772 307013 163107 163655 326762 173721 174205 347926

Total 464,238 472,173 936,411 617932 624052 1241984 655219 663508 1318727 692949 703132 1396081

The proposed road will pass through peri urban centers such us Kirigiti, Riabai, Ngewa, Kibichoi, Mangu and Kangoo which are currently experiencing rapid population growth

5.3.2 Health Settings

There are a total of 364 health facilities spread across the county. Under the public facilities, the county has one level-five hospital namely Thika District Hospital, three level-4 in Gatundu South, Kiambaa and Kikuyu Constituencies, four level-three in Gatundu North, Juja, Kiambaa and Limuru Constituencies. There are 20 level-two (Health Centers) and 54 level-ones also known as dispensaries which are well distributed within the county. The rest of the facilities are private with 17 Mission Hospitals, five nursing homes, 36 dispensaries and 169 private clinics. The doctor/population ratio in the county is 1:17,000 and the nurse/population ratio stands at 1:1,300. The average distance to the health facility is seven Km and the facilities are well accessed since the road network is good.

5.3.3 Community Views and Concerns8

The identified positive impacts associated with the proposed road project include:-

Employment Opportunities The construction of the proposed road project will create employment opportunities for both skilled and unskilled personnel. Skilled personnel will be employed as Managers, Supervisors, Engineers, Architects, Surveyors, Health and Safety, and in other technical positions whereas semi-skilled and unskilled labourers will be employed as support staff and perform non-technical and administrative tasks. The community members in the project areas are highly expectant of employment opportunities that are likely to arise from the project activities. From all the public meetings conducted during the assessment, the community members mentioned that the contractor should consider offering jobs to the locals first before

8 The listed positive and negative impacts were identified during the consultative meetings

40 sourcing man-power from outside the project area. They also stated that the jobs should be distributed fairly.

Opening up the Area The proposed project is set to create an alternative route for persons travelling from Kiambu to Thika and vice versa. This alternative will lead to the growth of towns along the road, such towns include Riabai, Ngewa and Kirigiti.

Gains in the County and National Economy Expected gains in the local and national economy from the construction and utilization of the proposed road project will be in the form of consumption of locally available materials including: fine and course aggregates, timber, cement, glass, metal, and among other construction materials; taxes levied from contractors and employees; and income from business associated with the project will also boost the local economy.

Informal Sector Benefits The project will require supply of large quantities of building materials most of which might be sourced locally. It will also spur the growth of small business enterprises including kiosks to serve construction workers and employees.

Development of other Sectors Increase in accessibility to market centers along the road project will enhance efficiency and productivity of other sectors including health, education, agriculture and livestock production, industry, etc.

The proposed upgrading of the road will come up with negative impacts. A majority of people who will be affected by the project, the project proponents and contractor need to ensure the right people are identified and compensated. During the public consultations most of the respondents were worried that other more influential people on hearing about the project may pose as the affected so as to benefit from the compensation exercise.

Loss of Land and Property The proposed development will displace people within the wayleave, and will be forced to relocate their buildings and property. The proponent will acquire the wayleaves using the relevant land legislative framework as stated above on land acquisition which is based on mutual agreement with the affected land persons. On areas requiring acquisition of private or community land the same legislative framework will be used to ensure rightful owners are identified and compensated. The proponent intends to some parts of private land for road improvement. Socioeconomic survey revealed that 90% of the residents have real property/land within the project area whereas only 10% was outside the project area.

5.3.4 Corporate Social Responsibility (CSR)9

The main CSR request made by the participants during the CPP included:-

 At Komothai, participants requested the contractor to provide an area for water pipes crossing from one side of the road to the other.  The proponent should conduct CSRs in all public schools affected by the project.  The project at implementation stage should engage the local youths  The project should consider equipping the local technical institutions. This will promote providing the much needed skills which can be used in the project.  Consideration to make market for displaced traders in Kirigiti.

9 Refer to the minutes for consultancy in Komothai, Ngoingwa

41  Classrooms to be constructed in public schools affected by the project.  The youths in the project area influenced into alcohol and drug use. The project should design programmes meant to rehabilitate and sensitize youths on alcohol and drug use.

42 6.0 ANALYSIS OF PROJECT ALTERNATIVES

Construction of the Road Alternative

The proposed government investment projects is expected to improve the existing project road through dueling from km 00+000 (Rui to Ngewa Kwamaiko) and from Mangu to Thika highway (km 49+200 to 62+600) and expanding further road sections, which will have ripple effects on economic and social welfare of the people within areas it will traverse. Some of the economic benefits that will come along with the project are quantifiable in financial terms while others are not, although their benefits are quite substantial. These exogenous non-quantifiable benefits are:-

Growth of market centers: The Growth of existing market centers along the road corridor, Ngewa, Riobai, Komothai and Gatukuyu, will lead to increased job opportunities and economic activities of the people which will not only contribute to economic growth within these trading centers.

Improve the existing accessibility: This will increase the community’s ability to access education and employment opportunities (increasing their productivity and incomes).

Improve travel related costs: The improved road will improve travel time reliability, which reduces logistics and scheduling costs beyond just the travel time savings. The travelling cost may improve (reduce) after improvement of the road.

Further economic impacts on communities: The ultimate beneficiary is the business operation that can achieve operating cost savings or greater productivity.

Improved transportation facilities: This will lead to business expansion, additional job creation and additional tax revenues. These economic impacts reflect a combination of the productivity benefits.

The No-Construct/Without Project Option

The second option, no construct/no project alternative will not achieve the objective of the project since the listed benefits will not be achieved.

43 7.0 ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT 7.1 INTRODUCTION

The activities related to the proposed initiative have the potential to cause environmental impacts of varied significant levels. The impacts arising from the proposed project can be categorized into direct, indirect and cumulative impacts. These categories can be further broken down according to their nature, into positive or negative impacts, random or predictable impacts, local or widespread impacts, temporary or permanent impacts, and short- or long-term impacts. These impacts can be grouped as indicated in the table below:-

0.15: Categorization of Potential Impacts during the Project Cycle10

IMPACTS ON HUMAN AND NATURAL ENVIRONMENT

POSSIBLE IMPACTS

Predictable Temporary Permanent Long (l) Short (s) Term

• Improved  Occupational hazards  Redevelopment  Increased formal /informal accessibility  Noise  Increased business employment (s) • Shortening of  Dust  Improved land value  Change of landscape (l) travel time  Solid waste  Change of scenery  Aesthetic beauty (+ve)

For an impact to occur there must be an interaction between Project activity and a receptor. The project activity is defined as a physical action or presence of infrastructure associated with the operation of Project plant, equipment or vehicles, or the actions of Project employees. While receptor represent someone or something that could be influenced by the Project, including human health, water resources, air quality, ecological habitats or species, cultural heritage assets, and the wider environment.

0.16: Impacts Terminologies and Clarifications

Term Definition

Occurs as a result of activities undertaken in direct connection to Direct Impact the project

Occurs as a consequence of a direct impact (sometimes as part of a Indirect Impact chain of events) and may be experienced at a point in space or time that is removed from the direct impact.

Socioeconomic and cultural changes which may be experienced at Secondary Impact a point in space or time that is removed from both direct and indirect impacts.

10 The hereby listed possible impacts are just but are few. Further impacts are explained elsewhere in this report.

44 Impacts that result from incremental changes caused by other past, Cumulative Impacts present or reasonably foreseeable actions together with the project.

The impacts resulting from the inter-relationship of different topic- specific impacts upon the same receptor (e.g., where the impacts Inter-related impacts from noise and impacts from air quality affect a single receptor such as fauna).

Impacts can be either negative or positive. Positive impacts merit just as much consideration as negative ones, as international, Positive or negative impacts national and local policies increasingly press for projects to deliver positive biodiversity outcomes. Positive impacts can be considered for all the definitions above.

7.2 PROJECT ENVIRONMENTAL AND SOCIAL POTENTIAL IMPACTS

7.2.1 Positive Impacts (Environmental, social and economic)

 Increase of local incomes during construction phase, - the contractor and road construction team, - will contribute to elevate the economy of local people and community.  Creating employment opportunities: society along the road section will benefit from temporary jobs including food vendors and so forth.  Reduce cases of traffic snarl-up along various sections of the project road.  Improvement of transport as well as reduction in traffic problems related to poor condition of the existing road.  Less damage to vehicles, especially PSV plying along the project sites  Lower vehicles operating costs, private and commercial.  Easy access to administration centers, markets and schools.  Travelling and waiting time for public transport to be shorten  Possible reduction of road related accident due to improved road condition

7.2.2 Negative Impacts and Mitigation Measures

Negative Impacts Mitigation Measures

1 Social Negative Impacts Loss of properties; There  A RAP to address the issue for the possible PAPs whose will be loss of land parcels, property will be affected. 2 residential houses, some  Logistical provision for resettling the people; commercial/business  Compensate the people in terms of earnings (loss of current structures, crops etc. earnings). Displacement of persons 3 from their previous RAP to address the issue settlements.  Contractor to consider employing local labourers. This will Community Health and 4 limits the number of labourers settling in new places leaving HIV/Aids their families behind

45  Develop HIV/AIDS awareness programmes or initiatives to target the construction workers.  Contractor to identify other players (local CBOs, NGOs, and government organizations) on HIV/AIDS for enhanced collaboration.  Integrate monitoring of HIV/AIDS preventive activities as part of the construction supervision. Basic knowledge, attitude and practices to be among the parameters to be monitored. Environmental Related Negative Impacts Conduct property impact survey for all affected properties 5 Loss of crops and trees within ROW. Expansive road reserve, their owners and the Replacement costs to be included in RAP.  Construction work/earthwork to be within the construction limit only. Soil erosion and  Earthwork and dumping of spoil material to be done during 6 sedimentation during dry period to avoid runoff water eroding the loose soil and construction phase ending up in the river courses.  Contractor to avoid heavy excavation/earthwork during wet seasons and especially near water courses. Air pollution due to dust  Control the speed of material haulage vehicles within the during construction phase, trading centers from plumes of dust by  Drivers to be involved in Toolbox Talks with the 7 construction vehicles management / Contractor and participate in identifying air during haulage of materials quality receptors / pollutants and the related impacts. to and from construction  Provide speed warning signs when approaching the dust site. receptors Economic Related Negative Impacts Loss of trading centers  Inform the owners of the shops or trading business about whose sites will be taken the proposed expansion of the road early enough so that over by the project road at they can look for alternative business sites. 11 Kwa Mbari shops, 20+000,  Inform the business owners about RAP and compensation Rioki 11+600 and approach process. to Kibichoi (28+600)  Inform the traders of the actual road’s RoW.

7.3 IMPACTS ASSESSMENT AND MITIGATIONS

7.3.1 Sensitive Areas and Features along the Project Road and Possible Impacts

The existing road traverses through built up area, within trading centers from Kiringiti, Ngewa, Riobai, Mitero, Kang’oo, Gatukuyu and Ngoingwa, through areas with subsistence agricultural land areas, near learning institutions among other sensitive areas. Since the road corridor will be expanded, from the current situation to a corridor of 40 meters, various sensitive areas will be impacted upon. Table 7.3 has details on the sensitive receptors.

46 0.17: Sample of Types of Sensitive Environmental Receptors Close to the Project Road11 Chainage Features / Remarks Site Photo Receptor Project Road and Sample of Structures/Features within the Road Corridor. 0+000 Start of project Roadside kiosks will be road, link with demolished, section of the Kiambu road at adjacent land will acquired B32/B30 to provide a road corridor of junction 20 meters

0+600 - Kiambu Golf The perimeter wall for the Club and club will be acquired. Mogar Petrol Dust related impacts during station construction phase. 0+ 900 Kirigiti Area redesigned. Dust roundabout related impacts, traffic snarl-up and disruption of activities

1+ 100 Residential Loss of income for the flat flats within the owners road corridor

11 Details on all the receptors that will be affected will be listed in the RAP report

47 Features / Chainage Remarks Site Photo Receptor

Agricultural Land and Watercourses to be Affected by the Project Road

3+800 Road within Road redesign, expansion marshy and embankment work will subsistence lead to the damage of the agricultural nearby agricultural land and area loss of livelihood.

19+000 Banana farm The farm will be affected close to the during land acquisition and project road construction phase.

17+600 River Thiririka Possible water pollution during construction phase.at occur to Kamiti River km 6+400, Ruiru River at Marige km 15+300, Komothai River km 20+600 and Theta River at Gathage 27+600

Chainage Features Remarks Site Photo Project Road’s Impacts on shopping Centers during Construction and Operation Phase 11+ 600 Lioki shopping Structures within the center shopping center will be demolished to pave way for construction. Loss of business, income and community inconvenience

will be experienced.

48 20+ 000 Kwa Mbari Trading center to be cease shopping existing after the center demolition of the shops on the road corridor.

28+600 Road approach Structures close to the road to Kibichoi will be demolished. Road construction will create dust, interference with business activities

Mitero Dust, disruption of shopping economic activities will be center experienced during

construction phase.

Ngewa Disruption of roadside Kwamaiko activities, loss of livelihood will be experienced during

the construction and operation phase of the

project. Gatuanyaga Business activities will be temporarily be disrupted during the construction phase/ dualling process of the busy trading. Riabai Access to the nearby shops shopping will temporarily be

2+800 Center. disrupted during construction phase.

Kang’oo Temporary disruption of trade during construction 44+300 stage and possible dust related impacts

49 Ngoingwa All the fixed structures within this road section have not encroached on the road reserve. Construction 61+400 related impacts will however be experienced, noise, dust, disrupted accessibility Chainage Features Remarks Site Photo

Learning Institutions Close to the Project Road and further Impact Receptors

13+000 Kambui Girls’ Noise during construction High School phase, dust temporary (Entrance disruption of the access marked). path/road to the school during construction phase.

59+200 Although the site/plots for Braeburn two learning institutions International have not encroached on the School road reserve, construction

activities of the road will 57+600 M-pesa interfere on the institutions’ Foundation accessibility, dust plumes Academy and noise from construction machinery that may interfere with the leaning process.

48+200 St. Francis Possible accidents Girls’ High involving school children. School and Speed bumps and a bus Primary school stop/bay will be necessary.

50 56+800 Maryhill Girls Although the schools have High School boarding facilities, and Madaraka pupils/vehicle related Pri Sch. accidents from speeding (adjacent) vehicles can occur. Speed info/warning signs will be

necessary. 59+800 Kisiwa Pri. Possible accident involving School school pupils and speeding vehicles. Speed info/warning signs will be

necessary. 7+300 Existing water Relocation of the water supply line service line and possible temporary interruption of water supply

18+600 Base Possible transmission transmitter disruptions after its station (BTS) decommissioning for telephone relocation communication at Ngewa, Kwa Maiko

7.3.2 Marshy Areas within the Project Site: Impacts and Mitigation Measures

The main marshy areas are within watercourses that crosses the project road at Kamiti stream (Km 7+600 to 7+700), Ruiru stream (km 00+ 700) and Komothai River (4+400). Those to be affected will mainly be various subsistence farmers of arrowroots (maranta arundinacea) within the wetlands that are going to be traversed by the project road.

The following methods can be applied by the contractor to protect the marshy areas as described below:

Kamiti Stream (km 7+600 to 7+700)

 The contractor to time the excavation activity to fall within dry period to avoid water related erosion, which can consequently cause siltation within the existing farming areas. Such siltation will interfere with the dominant soil type within the wetlands, which can affect the farming activities.

 Since the new road will be at a higher level than the current situation after construction (refer to the figure below), culverts will be constructed to allow water to be flowing freely across the road. Stone pitching and side drains should be done at the fill areas (marked) to avoid possible water related erosion.

51 Fill Areas

The project road

Wetland, dominated by small scale arrow root farming activities

 The small scale farmers within the wetland should be advised by the Contractor and be shown the extent of the road construction areas. Through this, they should avoid further farming activities close to the road construction limits.

 Design controls and criteria have been applied to govern the geometric features of the proposed road within the marshy areas. They are topography and road design speeds within the curved areas. The road levels have been raised from the original level to avoid flooding and damage of the nearby farms.

 During the operation phase of the road, side drains, culverts which will constantly be clogged, should be cleared by the mandated government agency (KeRRA).

An elderly lady within her arrowroots farm traversed by Mukuyu River (Km 10+ 600). From the proposed road alignment, it is evident that the road will pass through the arrowroots farm. The farmers should be shown the road alignment areas which will affect their farm as indicated in the design drawing. The farmers should therefore avoid planting new plants within the areas to be affected.

52 Project Road

A r r o w r o o t s

Ruiru River (km 00+700 to 00+800)  The road alignment will change as it has been proposed (Refer to the figure below).  The cut section as indicated below should be protected with vegetation to prevent soil erosion.

The project road

Mukuyu River (km 10+600 to 10+800) and Komothai River (km 4+300)

 There will be fill section, -embankments - between km 10+600to 10+ 700, which can affect the riverine vegetation within Mukuyu River. Contractor should confine his work during dry periods.

 The filled sections should be protected from water related erosion by planting grass.

 Side drains should collect water which will be channeled into the river instead of ending up into the farms and damaging them.

53 The fill section

At Komothai River (km 4+300) there will be main cuts and fill to create embankments. The fill (marked) will elevate the road section at the bridge site thus allowing the water to flow freely under the bridge. Damage within the riverine vegetation will be mitigated. Further mitigation measures within the riverine ecosystem will include:  Planting grass within the steep sections of the fill, preferably vetiver grass, shrubs and trees.  Side drains to be professionally erected.  During the operation phase of the road, the drains should be inspected and routinely maintained.  Damaged or clogged drains to be repaired.

54 7.3.3 Mitigation of Possible Impacts of Slopes Using Vetiver

Vetiver's root system is finely structured and very strong which can grow 3 to 4 meters deep within the first year. It does not form a horizontal mat of roots;There rather, are various areas with steep slopes whereby grassing can be the roots grow almost exclusively downward, which is deeper than some tree roots. used to protect possible erosion. Vetiver grass can be planted after road construction stage.

7.3.4 Physiography and Geology

Impacts i. Destabilization of terrain stability during earthwork, excavations ii. Alteration of baseline landforms during excavations, earthworks iii. Accelerated erosion after earthworks iv. Development of pits at material sites (quarries and borrow pits) Mitigation Measures i. Slope gradient maintenance and not to be vertical ii. Erosion control measures iii. Site reclamation or rehabilitation during decommissioning phase of the project. Residual Impacts: (Magnitude, Geographic Extent, Duration, Significance, Reversibility)

55 i. During the construction phase the noted impacts will have a medium magnitude, with a localized geographical extent. Their duration will be short-term during earth works and not reversible. The impacts will have localized major significance. ii. During decommissioning stage, noted impacts, earthwork related impacts will be reversed through rehabilitation process, which will include slopes protection, rehabilitation of material sites and borrow pits. Recommendations Refer to the mitigation measures above

7.3.5 Soils

Impacts i. Soil pollution from inappropriate disposal of waste, e.g. used oils from the Contractor’s camp, workshops or from spills. Pollutants will end up being soaked into the soil and will lead to soil contamination. ii. Soil erosion during earthwork Mitigation Measures i. Earthworks operations shall be carried out such that surfaces shall be designed with adequate falls, profiling and drainage to promote safe run-off and prevent ponding and flooding, with the associated soil erosion. ii. Run-off will be controlled to minimise the water effects in outfall areas. iii. Good housekeeping (site clean-ups, use of disposal bins, etc.) on the site project iv. Waste oil to be collected by a NEMA licensed waste dealer. v. Provide professionals in running machinery, workshop. vi. Provide waste container for collecting waste vii. Excavations to avoid accelerating situations of soil erosion Residual Impact (Magnitude, Geographic Extent, Duration, Significance, Reversibility) i. During Construction phase the impacts’ magnitude will be low and localized within the construction sites only. Impacts duration will be intermittent and short term over weeks/months within the construction sites only. Their significance will be minor and not reversible in case they occur. Recommendations The Contractor to comply with the EMMP during construction

7.3.6 Surface and Ground Water

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

56 Mitigation Measures i. Drainage structures that will be constructed –cross culverts, at the river courses be at appropriate positions. ii. Stone pitching and side drains to cover meaningful lengths along the prone protection areas. iii. Timing of the construction of proposed bridges at Ruiru River (Athi) at km18+ 000, Kahigaini stream km 20+000 and Komothai River km 23+000.to coincide with dry periods to avoid possible water pollution. iv. Contractor to avoid dumping of waste materials within the riparian zones/ within the watercourses. v. Bitumen trucks should be washed at designated areas only. Residual Impacts (Nature of Impact, Geographic Scale, Significance) i. During construction phase the noted impacts have low significance since they are site based and localized to construction sites only. They have minimal significance due to their limited site specific geographical scale. ii. During operational phase, the listed impacts will have low magnitude of impacts along the road. Recommendations Contractor to adhere to the EMMP

7.3.7 Climate

Impacts i. Damage of drainage structures due to erratic and heavy downpour as a result of climate change. ii. Possible emissions of CO2, CO, SO2, NOx and PM10 will result from the construction activities and operation of the proposed road. Mitigation Measures i. Designed and constructed of drainage structures to withstand periodic heavy floods and runoff water within the existing watercourses Residual Impacts

i. CO2 and N2O emissions during construction will have a negligible impact on climate, along the 142km road sites. Recommendations Contractor to adhere to the EMMP

7.3.8 Archaeological, Historical and Cultural Sites

There were no areas of archeological cultural sites noted. However a Mugumo tree located in Ngoingwa sub location was noted. It is within the proposed road corridor. Historical sites identified were mainly graves for individuals and within the County cemetery sites. Further details in the table herewith.

57 Impacts i. Damage of tree with traditional value, e.g. Mugumo tree (Ficus thonningii)12 ii. Damage of various graves found within the road corridor, for individuals or within the county cemetery (e.g. in Gatukuyu -0.99537, 36.92864, Riabai GPS -1.16581, 36.83941 and Komothai-1.07911, 36.86827. Mitigation Measures for Mugumo Tree i. Mugumo tree: A Sacred tree, because it was thought that spirits. The tree should not be cut under any circumstances. ii. RAP expert to consult with the Agikuyu council of elders on traditions to be followed so

Mitigation Measures for the Graves iii. RAP expert to consult and document preferred relocation sites for graves as well as propose sites that PAPs have other relatives.

Residual Impacts Residual Impact (Magnitude, Geographic Extent, Duration, Significance, Reversibility) i. During Construction phase the impacts’ magnitude will be low and localized within the construction sites with sacred trees or grave sites only. Impacts duration will be intermittent and short term over weeks within the construction sites only. Their significance will be minor and not reversible in case they occur. Recommendations Contractor to adhere to the EMMP

7.3.9 Air Quality

Impacts i) Dust plumes from construction vehicles ii) Emissions of gaseous pollutants from diesel powered construction equipment iii) Fugitive dust emissions from excavating and moving earth, construction equipment and the concrete batch plant. iv) Project contribution to GHG emissions (CO2) Mitigation Measures i) Use of enclosures, hoods, shrouds, and sprays (wet batching) for possible concrete batch plant. ii) Monitor PM10 if concerns occur. iii) Employment of high-volume samplers if concerns occur regarding dust. iv) Active earthworks areas along the project road to be watered, mainly trading areas. Water misting or sprays will be used through water bowsers as required if particularly dusty activities are necessary during dry periods. v) Vehicles delivering material with dust potential (soil, aggregates) will be enclosed or covered with tarpaulin at all times to restrict the escape of dust and observe minimal speed especially within built up areas. vi) Diesel exhaust emissions from excavators, loaders, hauling trucks to be regularly checked. vii) Faulty machinery on site, producing smoke plumes to be withdrawn and repaired

12 Mugumo tree has traditional medicinal value. Both its roots and bark are either boiled or pounded, soaked in water and the infusion then taken to induce lactation. The bark is also used in treatment of influenza, colds, sore throat, dysentery, wounds, constipation etc.

58 viii) Reduce emissions of (Co2/GHG) by implementing measures to improve efficiency and through ix) Selection of latest emissions control technologies. Residual Impacts (Nature of Impact, Geographic Scale, Significance) i) During construction phase: Negligible; Temporary, Local, Minor. Only to be experienced within the construction sites, quarries and during material haulage. ii) During operational phase: Negligible nature of impacts which will be temporary, localized and of minor significance. Recommendations Contractor to adhere to the EMMP

7.3.10 Solid and Liquid Wastes

Impacts i) Waste generation from stripped top soil and excavations ii) Construction activities will generate solid wastes which include trash, scrap items, oily rags and empty product drums. iii) Spills and leaks may also occur from vehicles and heavy equipment used during the construction operations, which may result in soil contamination. iv) Waste oil from the servicing of vehicles and miscellaneous solid wastes Mitigation Measures i) Consider waste minimization practices, Reduce, reuse, recycle (e.g. waste tyres from trucks, scrap metal). ii) Segregate waste at the point of generation, especially at Contractor's camp iii) All waste to be handled and managed in accordance with EMCA (Waste Management) Regulations, 2006. Residual Impacts During construction phase, the residual impacts are as follows:- i) The impact of excavation waste is expected to be slight, negative and for short-term. ii) The impact of construction waste is expected to be imperceptible. iii) The impact of operational waste is expected to be imperceptible. Recommendations Contractor to comply with the EMMP

7.3.11 Health Settings

Impacts i) Potential impacts from generated dust during construction phase. ii) Increased potential effects from air emissions, caused by construction equipment. iii) Potential effects of waste management and control measures during the construction phase. iv) During operation phase, possible increased potential effects from air emissions, caused by vehicular traffic. v) Possible spread of HIV/AIDs and STD Mitigation Measures i) Conduct basic Occupational Health Training programs to construction workers during construction phase. ii) Ensure workers are oriented to the specific hazards of individual work assignment. iii) Conduct toolbox talks focusing on relevant health and safety issues.

59 iv) HIV/AIDS, STDs awareness, training and prevention services to be offered throughout the project period. v) A Code of Conduct should be distributed to all workers, and health personnel should reinforce their efforts to combat diseases during the construction period. vi) Workers to be sensitized on the consequences of social ills and promiscuous behaviours (over consumption of alcohol, STDs, HIV /AIDS etc). vii) Contractor to establish mobile clinic within the construction sites Residual Impacts(Nature of Impact, Geographic Scale, Significance) i) During construction phase, health related impacts will be low but not negligible along project road. ii) The impacts geographical scale will mainly be localized within construction sites only and impacts significance will be minimal. iii) During operation phase, the impacts will be of major low, localized along the project road. Recommendations The Contractor to employ a safety and health advisor to be handling all safety and health related issues. Provide on-site nurse to be handling health related issues Review of health setting to be done and reviewed on monthly basis HIV/AIDs awareness (character change), prevention and training to be provided throughout the project.

7.3.12 Security and Public Safety

An influx of outsiders into any community is likely to bring conflict if either party is not respectful of each other. There will therefore be need to develop and foster peaceful co-existence to mitigate possible negative impacts:-  Proponent to ensure the public are involved in all stages and that their recommendations and concerns are addressed so as to encourage ownership of the project;  Proper site fencing and security must be in place to safeguard camp property and safety and control movements;  Engage manned security to record and process entry into the construction site and the camp.

7.3.13 Community Views and Concerns/Public Consultation

Public consultations were carried out with the objective of gaining views, concern and value in regards to possible negative and positive impacts due as a result of the project road during its project cycle. Through this, it was anticipated that transparency and accountability throughout the project cycle will be achieved. Possible conflicts between the project client (KeNHA/Gok), Contractor, proponents, stakeholders and community members living in close proximity to the proposed project sites would be addressed and solved at an earlier stage.

60 0.8: Recurrent Issues of Concern and Views from the Community

No Aspect Issue Arising 1 Employment  The Contractor and KeNHA to ensure locals get the opportunities. opportunity to gain employment, both formal and informal - directly and indirectly from the road construction project. They asked specifically for;

 Area locals to be given unskilled labour minimum 70% and not people from elsewhere.

 Local firms, groups and individuals to be subcontracted during the construction e.g. supply of construction materials, 2 Elimination /  Compensation to be open demolition of existing  No middlemen to be involved in the compensation process. shopping centers  Compensation rates to be based on the then current market rates.

2 Displacement  The residents welcomed the project. They however stated /Compensation that compensation for damages, acquisition and displacement should be done transparently and equitably.  Most of the community members in the project area are traders. Majority of them have loans from various banks to boost the businesses. This should be taken into consideration during displacement.  Compensation should also be according to the current market price of assets affected.  The traders and community members at Kigiriti requested the proponent and the design team to consider realign the road towards Kiambu Golf Course side instead of both sides. This will reduce the project impact in regards to displacement.

3 Community Social A number of CSRs were proposed by the locals; Responsibilities  Consideration to make market for displaced traders in Kirigiti  Classrooms to be constructed in public schools affected by the project.  The youths in the project area influenced into alcohol and drug use.  The project proponents should design programmes meant to rehabilitate and sensitize youths on alcohol and drug use. 4 Project Locals wanted to know when construction of the road project commencement would begin. The consultant explained to the community that such a project is a process which has been initated by the proponent hence the designs. Once the design are complete the proponent will inform the public on the set construction dates depending on various factors which can only be communicated by the client.

61 No Aspect Issue Arising 5 Community Locals appreciated the effort by the consultant to involve them, Involvement however they requested for continuous participation in every step of the project The Local leaders and others secondary stakeholders be involved to ensure that any matters arising are solved in harmony and the project runs smoothly to completion. 6 Occupational Safety During construction the contractor should ensure that there are and Public health trained first aiders onsite with well stocked first aid kits. 7 Cultural sites Locals with graves within the proposed road width requested to be facilitated to relocate them. Elders should be involved/consulted in the event that a cultural resources needs to be relocated or removed. These include trees like Mugumo tree which is considered sacred among the Kikuyu community.

7.3.14 Corporate Social Responsibility (CSR)

Specific Community Social Responsibilities Suggested by the Communities:-  Provide market for displaced traders in Kirigiti  Classrooms to be constructed in public schools affected by the project.  Further possible corporate social responsibility items will include:

Loop Roads The Contractor will improve the existing access paths to the trading centers by creating bituminous paths/loop along the shops. This will be at selected trading centers and after consultations with the Client. The loop roads, which will run close to the market/shops will bring motorised customers into the market area and thus remove the abundant roadside traders from the road.

7.3.14.1 Roadside Amenities Roadside amenities can be established within the road corridor primarily to meet the needs of travelers. The Contractor, through the Consultation with the Client KeNHA and the community will consider the following types of roadside amenities:-

a) Motorbike sheds (boda boda) next to selected bus bays. b) Grading and improving access paths to selected learning institutions or places of worship. c) Improving/grading or leveling playing fields for schools along the project road where necessary.

62 8.0 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN 8.1 OBJECTIVES OF THE ESMP

This section shall specify that the ESMP aims to bring the project into compliance with applicable national environmental and social legal requirements and the Bank’s safeguards policies and procedures. The other objective of the ESMP is to outline the mitigating/enhancing, monitoring, consultative and institutional measures required to prevent, minimize, mitigate or compensate for adverse environmental and social impacts, or to enhance the project beneficial impacts. It shall also address capacity building requirements to strengthen the Borrower’s safeguards capacities if necessary. Its aim is also to specify the environmental and/or social loan conditions or covenants that are part of the project loan agreements to ensure that the project meets the Bank’s safeguards requirements.

8.2 COMMUNICATION WITH STAKEHOLDERS AND GRIEVANCE REDRESS MECHANISM

8.2.1 Introduction

This Chapter looks at the ways/procedures to be followed in handling complaints and grievances during the construction and operation phase of the proposed project. The report has reviewed and analysed the socio-cultural contexts of conflict resolution in Kiambu County.

8.2.2 Socio-Cultural Context to Conflict Resolution

The project area, Kiambu County is predominantly comprised of the Kikuyu Ethnic Community This is important in that culturally there are mechanisms in place in most rural and urban areas used in conflict resolution. These village elders do double as Nyumba Kumi representatives even in urban areas, they therefore work hand in hand with chiefs in conflict resolution.

Apart from these village elders there are administrative leaders starting with chiefs and assistant chiefs up to the county commissioners who together solve most of the complaints and grievances. Formerly provincial administration, they have been incorporated into the new dispensation and aide in maintaining law and order in every county.

In regards to this project on issues touching on land compensation and legal land owners, the chiefs and village elders will be used to solve these issues through the local committees formed during preparation of Resettlement Action Plan (RAP). There are statutory bodies such as National Land Commission that will also intervene where grievances could not be resolved the chiefs.

8.2.3 Development of General Principles of Grievance Redress

The Social Impact Assessment has the following principles aimed at ensuring grievance and complaints handling mechanisms are ethical and with integrity:-

 Equity - everyone will be given a chance to be heard even in situations that will require a complaint to be written when some cannot write. Mechanisms must be put in place to allow proxies draft complaints for complainants who cannot write.  Transparency - grievance and complaints will be handled openly before elders or other formal institutions such as National Land Commission.  Language - the language used in solving these disputes shall be that which is used by most people in the affected area, this will be Kiswahili. Those not able to neither write

63 or read in this language will be provided by the project to grasp what is written that affects them.  Participation - the affected persons and their representatives in a dispute will be allowed to help actors understand where the community members stand in regards to that dispute.  Options - parties to any dispute will be given options openly to follow customary procedures or formal procedures and allowed to choose whichever they feel is appropriate.  Monitoring - grievances and courses of action will be monitored to ensure they are settled within the shortest possible time.

8.2.4 Chiefs and Elders in Project Area

They should form the first level of grievance and conflict resolution; they should be facilitated to deal with matters within 30 days of being seized of its. The Chiefs and Village/clan elders form part of the resolution team. Chiefs represent the formal procedures while village elders represent customary procedures. In most cases the Chiefs work in liaison with their village/clan elders therefore formally and customarily the committees formed to resolve conflicts will have appropriate backings by law and customs. Monitoring will be done promptly by the project community development officers in charge.

8.2.5 National Land Commission

It was setup by the Constitution of Kenya Article 67 to manage public land and investigate as well as aide in dispute resolutions. In cases where the traditional dispute resolution in the first level is not successful then this Commission will be involved. The Commission may also initiate their own investigations if they feel the project has wronged the people in regards to land.

8.3 SOCIAL MONITORING AND MANAGEMENT PLAN

8.3.1 Essence of Social Monitoring and Management Plan

The Social Monitoring and Management Plan (SMMP) is prepared to show how site specific concerns and mitigation measures are addressed throughout the lifecycle of the proposed project. The SMMP has been developed with project knowledge and information available to date. As project commencement and scheduling plans are developed and changed, components of the SMMP might require amending. This is therefore a working document, which can be updated whenever new information is received or site conditions change.

8.3.2 Purpose and Objectives of SMMP

The specific objectives of the SMMP are to:-

 Provide detailed specifications for the management and mitigation of activities that have the potential to impact negatively on the society;  Serve as a reference and commitment by the contractor as it includes conditions of approval from NEMA which have to be met;  The SMMP is a guiding document in regards to social monitoring activities to be used by the supervising consultant, contractor and the client management including requisite progress reports;  The SMMP provides details on how the project implementers can enhance some of the positive impacts of the project in order to better the lives of affected community;  Provide instructions to relevant project personnel regarding procedures for protecting the social welfare and minimizing negative social effects, thereby supporting the project goal of minimal or zero incidents;

64  Document social concerns and appropriate protection measures; while ensuring that corrective actions are completed in a timely manner.

8.3.3 Auditing of the SMMP

The proponent and the contractor shall conduct regular audits to the SMMP to ensure that the system for implementation of the SMMP is operating effectively. The audit shall check that a procedure is in place to ensure that:  An up to date version of the SMMP is being used;  Any variations, non-compliance and corrective actions to the SMMP are documented;  Appropriate training of personnel is regularly undertaken, such as safety etc.;  Emergency procedures are in place and effectively communicated to personnel;  A register of major incidents (spills, injuries, complaints) is in place and other documentation related to the SMMP;  Ensure that appropriate corrective and preventive action is taken by the Contractor once instructions have been issued.

8.3.4 Responsibilities of the SMMP

In order to ensure the sound development and effective implementation of the SMMP, it will be necessary to identify and define the responsibilities and authority of the various persons and Organizations which will be involved in the project. The following entities should be involved in the implementation of this SMMP: -

• The Contractor; • The resident Engineer; • The proponent (KeNHA); • NEMA; • Ministry of Gender Youth and Social Welfare; and • County Government of Kiambu. a. The proponent-KeNHA

The proponent will be charged with the responsibility of supervision to ensure the project is implemented in a sustainable manner; this includes environmental, social and fiscal. This can be achieved by putting measures encouraging sustainability and social inclusion in the tender specifications, selection of renowned socially and environmentally conscious contractors to ensure that the objectives of this ESMMP are met. As an authority and instrument of the Government of Kenya the proponent is also tasked at ensuring the project is up to standard. b. National Environment Management Authority

The responsibility of NEMA as an Authority is to exercise general supervision and co-ordination over all matters relating to the environment and to be the principal instrument of Government of Kenya in the implementation of all policies relating to the environment. c. The Contractor.

The persons/ firms contracted to put up the proposed road will be required to comply with the requirements of the SMMP within this report. Strict compliance to the specifications of this SMMP should form part of the contract documents. d. Consultants

65 The sourced consultant will have to ensure that the proposed ESMMP is up to date and is being used by the contractor. Periodic audits of the ESMMP will have to be done to ensure that its performance is as expected. e. Kiambu County Governments

The relevant departmental officers in the County Government of Kiambu should be called upon where necessary during project implementation to provide the necessary permits and advisory services to the project implementers. Table 15, below present the ESMMP for the road project during the construction, operation and decommissioning phases

8.3.5 Social Management Plan (Smp)

The table 10, below gives specification of the social impacts that the project has on the proposed site and the possible mitigation measures monitoring actions required ensuring minimal damage of the environment and to the social fabric both during the construction, operational and decommissioning phase.

66 8.4 ENVIRONMENTAL MONITORING AND MANAGEMENT PLAN

8.4.1 Social Management Plan for the Project Responsible Aspect Potential Impact Recommended Mitigative Measure Time Frame Cost (Ksh.) Monitoring Means Party/Person

Presence of Policy Formulation of Environment, Safety health Formulate Project unsustainability and Safety policy by the contractors. This before the manual and Policy due to lack of policies should illustrate the contractor’s project Statement. Environment, which guide the The commitment to implement the ESMP, commences and Social Health and contractor can have Contractor/ 150,000.00 Records on training Trainings and the responsibilities for the can be revised Safety policy adverse effects on the KENHA undertaken prior to team to ensure sustainable development. periodically general public, workers construction of These policies should be signed by top during project and the environment works and any management and updated regularly. implementation subsequent training.

PAPs be identified and compensated. Number of public If compensation is not Recommendations by the public regarding consultations Before the To be done efficiently project compensation such as compensation before The Contractor Number of resolved Compensation project determined may be rejected or not project starts, compensation in terms of and KENHA compensation issues commences later by RAP owned by the community. priority in jobs allocation etc. to be versus those not implemented. resolved.

67 Responsible Aspect Potential Impact Recommended Mitigative Measure Time Frame Cost (Ksh.) Monitoring Means Party/Person

Provide means for early detection of such diseases by having access to medical facilities eased.

Provide means for early detection of such diseases by having access to medical Labour intensive projects could result in increased facilities eased. The HIV/AIDS prevalence Provide posters, condoms and awareness High profile Contractor, HIV/AIDS and rates in an area. creation among workers and risk visibility During County Sexually population groups in area such as HIV & AIDS can impact Construction Administration 200,000.00 Statistics from data Transmitted prostitutes. on a community by Phase , and local obtained from Diseases reducing productivity and medical centers and Identify VCT centers where locals and health service also diverting more of a workers can go for testing and counseling providers. VCT. family’s resources into and also work in liaison with other NGOs medical needs and CBOs regarding HIV & AIDS

Provide posters, condoms and awareness creation among workers and risk population groups in area such as prostitutes.

The Social wellbeing of the Contractor, workers together with the Resident Health and Safety public has to be Engineer, Occupational guaranteed by project Audit reports. In accordance with section 11 of During subcontracted 200,000.00 Safety and otherwise project may Occupational Safety and Health Act, 2007 Construction Occupational Presence or absence Health result in more negative Health and of a Health and impacts. A healthy worker Safety Advisor Safety Officer. means the family will be and A fire provided for. safety advisor

68 Responsible Aspect Potential Impact Recommended Mitigative Measure Time Frame Cost (Ksh.) Monitoring Means Party/Person

Medical Examination of Workers. Medical The Examination Insurance against Injuries and casualties Contractor, Records and from accidents while at work. During The confirmation by the 200,000.00 Construction EHS&OHS Subcontracted Routine medical examinations shall be supervisor, Government done for all construction crew staff at local KeNHA. designated Health health centers. practitioner.

Construction crew shall undergo basic training in:

Occupational Health and Safety consequently formulate a safety team/committee The First Aid Administration. Commencement Contractor, Training of construction EHS and 180,000.00 Fire fighting Certificates. activities Resident Engineer Safe operating procedures

How to use/wear personal protection gear.

Machinery guards and their maintenance

Handling of compressed air.

69 Responsible Aspect Potential Impact Recommended Mitigative Measure Time Frame Cost (Ksh.) Monitoring Means Party/Person

High profile Provide means for early detection of such visibility. diseases by having access to medical facilities eased. Statistics from data obtained from Maintain good sanitation practices at all Diseases such as malaria, The medical centers. Communicable typhoid, and cholera times and access to clean water. During Contractor, diseases (Water among others can have Presence of Ensure labour camps practise good Construction EHS, Resident 200,000.00 and Vector adverse impacts to the adequate clean housekeeping and waste management. Phase Engineer, borne) community as they can be toilets for use by the KeNHA. easily transmitted. Provide modern eco-mobile toilets for use workers. by the workers at different points. These Approval of these facilities should be provided and managed facilities by the by a subcontracted company approved by Public Health and NEMA. NEMA

Pollutions Noise and vibration Appropriate Personal Protective Throughout The Contractor 200,000.00 Presence or absence pollution during Equipment (PPE) to be worn by workers. during the and KeNHA of PPEs, signage construction could affect Construction etc. workers and general Noisy jobs to be done during specific Phase and before public durations day time. construction Regular inspection begins by proponent during Signage to be posted for general public to construction be aware of the intended project

Air pollution in the Indiscriminate disposal of materials by Throughout KeNHA, Site 200,000.00 Enforcement of extreme end can result in burning should be prohibited, or only in during the Engineer, waste management breathing track irritation accordance with Public Health regulations. Construction Contractor and measures and and other health Phase Public Health regular site problems. Department inspection to ensure compliance with NEMA and Public Health Regulation

70 Responsible Aspect Potential Impact Recommended Mitigative Measure Time Frame Cost (Ksh.) Monitoring Means Party/Person

Solid wastes can lead to Waste collection and disposal to be done Throughout Site Engineer, 300,000.00 Presence or absence loss of aesthetics, hazards by a NEMA approved handler. during the NEMA, of waste tracking to people and may lead to Construction Contractor and documents. contamination of water Project to identify areas where they will Phase Public Health sources dump excavated earth and adequately Department Regular site compensate the land owner. inspection to ensure Dumping of earth in plots compliance with not intended thereby NEMA and Public hindering land use. Health Regulation

Community Project implementation Community support mobilization and Throughout the KeNHA, The Implemented CSRs ownership of the can be sabotaged. sensitization through consultative forums project planning, Contractor, and community project or questionnaire methods. Construction and Resident 1,000,000.00 recommendations. Community may shun the decommissionin Engineer, Public consultations project thereby not The proposals made by the community at g phase Local leaders and barazas done. realizing its intended goal. the baraza be implemented & Land Presence or absence Owners of unresolved issues/concerns by the public regarding the project.

Land transfer agreements should be Project planning KeNHA, NLC, To be Obtained title deed, formalized before the project start as per phase Land Owners determined the laws of the land and Kiambu Compensated County persons Identification and Compensation for PAPS Government to be thorough and just.

Safety of Plant and Construction Plant and Equipment, such as In compliance The 250,000.00 Certificates of Equipment Air Receivers, Lifting Tackle, Fire with the Contractor, Examination of Extinguishers shall be subject to provisions of the supervisor, Plant Safety of Workers mandatory inspections occupational subcontracted safety and health Government act, 2007, approved machinery/plant inspector safety

71 Responsible Aspect Potential Impact Recommended Mitigative Measure Time Frame Cost (Ksh.) Monitoring Means Party/Person

Provision and regular replacement of With on-going The 500,000.00 PPEs availed to the Personal Protection Equipment, consisting construction. Contractor, staff, Replacement of: Resident of all worn out Engineer, EHS PPEs. Proof of Overalls, helmets, dust nose masks, leather and KeNHA Purchases and mittens, safety boots, clear eye goggles, confirmation by ear muffs. EHS Officer

TOTAL COST 3,580,000

8.5 ENVIRONMENTAL MONITORING AND MANAGEMENT PLAN

SITE PREPARATION AND CONSTRUCTION PHASE Project Timeframe For Recommended Mitigative Type Of Cost Targets To Activities/Impact Potential Impact Monitoring Measure Monitoring/Inspection Estimates Achieve Sources Indicators Monthly planned verification inspection by: Timeframe:  Install erosion control measures  KeNHA Monitoring to be  Soil erosion on exposed areas.  Resident Engineer Minimal dust carried out during  Site clearance,  Depletion of  Control /manage excavation  Highway Engineers and accidents preparation period and  Removal of top vegetation cover. activities, earthworks. as per the bill  Contractor. on road before construction soil, vegetation.  Air pollution,  Install drainage structures item on  Environmentalist diversions. work.  Road diversions dust and noise. properly abating Technical and planned Monitorial  water abstraction  Loss of socially  Landscaping, re – vegetation, plumes of Inspections by: Landscaped Indicators  Construction of /economically backfill of exposed surfaces dust/soil  Resident Engineer road environ  Soil contaminants. support useful around the sites. erosion. General Inspections by: with minimal  Amount of soil lost. vegetation/ land infrastructures.  Planting of grass to be done soil erosion.  Land ownership components.  Enforcement and within preparation and clearing documents. phase and just before rains. Compliance Officers from respective county  Water pollution. authorities.

72  Roads design and related Monthly planned Timeframe: activities not to encroach on verification inspections by: Monitoring to be environmentally sensitive areas  KeNHA As per bill carried out during such as wetlands Replant road  Resident Engineer Item in the Minimal soil preparation period and  Soil erosion reserve with grass or stabilizing Hydrology and  Highway Engineers BoQ and in erosion, water before construction  Accidents shrubs (e.g. vetiver grass) to drainage.  Contractor. the pollution and work.  Water pollution prevent soil erosion.  Environmentalist engineering accidents. Monitorial  Design adequate culverts for all estimates. Indicators crossings to accommodate peak Spontaneous inspection by:  Soil contaminants. runoff from effective catchments  County Environment  Amount of soil lost. and swamps. Officer. Timeframe: During site preparation General inspection by: As per bill  Disposal of solid To avoid period.  Provide proper solid waste  OHS Advisor Item in the waste at camp. negative Monitorial Indicators  Setting up of site disposal facilities at camp.  Highway Engineer BoQ and in  Waste impacts on the  Levels of soil camp, offices.  Provide proper sanitation  Fire safety inspectorate the construction project natural erosion. facilities. section (County engineering materials. environment.  Extent of lost Authority) estimates. vegetation cover.  Displacements  Contractor to consult community and relevant authority before any work starts.  Identified quarry sites and borrow pit sites to be exhausted, reinstated  Soil erosion. and rehabilitated before opening Timeframe:  Air pollution Monthly verification other sections. During site preparation inspections by: Excavation,  Noise, aerial  Limit earth movements to dry period. acquisition work, emission of dust.  KeNHA To avoid season. As per transportation and  Land degradation  Resident Engineer negative  Borrow pits should be provisions of Monitorial Indicators storage of raw  Highway Engineers impacts on the  Loss of land value rehabilitated. Bill item in  Levels of soil materials (gravel  Contractor. project natural at raw material  Balance cut and fills to avoid the BoQ erosion. sites, hardstone, Environmentalist environment sites and deposition.  Extent of lost stockpile area etc) stockpile. Spontaneous inspection by:  Use appropriate methods of vegetation cover.  NEMA officer  Loss of controlling soil erosion.  Displacements vegetation.  Control speed of construction vehicles and impose speed limits for all.  Prohibit idling of vehicles  Sensitize workforce.

73  Maintain work equipment

Timeframe: During site preparation period.  Solid waste, fuels, oil should not Verification inspections by:  Water pollution. To avoid Monitorial Indicators River regulation, be discharged on the land surface  Contractor As per  Soil erosion negative  Issues of concern water acquisition and then into the river.  Road Engineer. provisions of  Social conflicts impacts on the raised by impounding,  Cleaning and maintenance of  County Water Catchment Bill item in with project natural communities abstraction and use. equipment and machines to be / Appropriation Board the BoQ communities. environment  Levels of soil done only at designated places. officer from Kiambu erosion.  Extent of lost vegetation cover.

Timeframe:  Ensure on site speed regulations As per bill To avoid dust During construction for haulage trucks. No. 7/8 of the impacts for Verification inspections by:  Sprinkle water on graded access standard residents near Monitorial Indicators  Contractor Haulage of routes when necessary to reduce specification road  Issues of concern  Dust emission  Community elder (chief) materials dust generation by construction s for road and pedestrians raised by affected living close to haulage vehicles (First acquire consent bridge and possible communities. route PAP from community and Use of construction dust related protective gear. document. eye diseases.

PROJECT OPERATION AND MAINTENANCE PHASE Timeframe:  Institute Standard Operation Suggested monitoring and  Development of Costs to procedures (SOP) inspection to be carried out badlands. be  Decommissioning  All materials from stockpile Scheduled and verification guided during operation phase and  Land degradation. and rehabilitation areas to be removed and the area inspection by: by the Minimal immediately after  Abandoned of raw material to be landscaped.  KeNHA officials annual negative completion. borrow pits. sites- quarry and  All waste and surplus materials at  NEMA official roads impacts on the  Loss of land value borrow pits. spoil areas to be collected and  Environmentalist mainten natural and Monitorial Indicators: around material  Landscaping of disposed at designated places and ance human  Feedbacks from sites (stockpile material stockpile not dumped within the road Technical Inspections by: budgeta environment. community members/ and spoil areas). and spoil areas. reserve.  Road Design Engineers ry complaints after project  Loss of  Replant vegetation on reserve, allocati monitoring. vegetation diversion route upon completion on.  Review of the analyzed parameters and their

74  Accidents at  Quarry pits to be covered with impact levels (such as, borrow pits, soil and thus creating farming pH, BOD, COD, Silica, quarry sites. land. Oils, Metals etc).  Borrow pits to be fenced and used as water harvesting points where applicable Harvested water to benefit communities nearby (alternative)  Plant trees at appropriate places to serve as pollution screen.  Provide appropriate options for waste management.  Assess opportunities for reducing solid waste generation in Timeframe: particular of hazardous and Monitoring and inspection to undesirable materials (oils and be carried out during grease). construction and as per  Dumping of oil residuals and any decommissioning phase. provisio other waste to be done in Spontaneous and general Monitorial Indicators: ns of Minimal  Generated waste designated areas only. inspection by:  Constituents of generated Bill negative resulting from  Encourage segregation of waste  Public Health Officers, waste. 1.17 of impacts on the Waste Management various from the source and use the 3R Respective County Officers  Public complaints. the natural and operations. waste management approach:  Respective County  Status of machinery, tools standar human  Oil pollution. Reduce, Reuse and Recycle. Officers Traffic Police and vehicles used for the d environment project.  Design provisional waste material  Contractor specific storage for the sorted out waste at ations.  Analysis of type of waste the site (e.g. spoil area) and quantities inventory.  Dispose all unwanted structures,  Housekeeping status of wastes and unused materials in stockpile areas and spoil accordance to NEMA Waste areas. Management Regulations.  Undertake an inventory of the type of waste and quantities. Total Cost Kshs.

75 8.6 GENERAL EHS PLANS REQUIREMENTS IN CONSTRUCTION PROJECTS

8.6.1 Occupational Health and Safety Plans

Impacts Terminologies and Clarifications Contents of the Health No Clarifications and Safety Plan Contractors Health & The policy should be placed at selected places within the camp(s) and 1 Safety Policy / Statement offices. It should be clear, visible and legible in English and Kiswahili. Management & This will be in form of a flow chart, to be displayed clearly in specific 2 Supervision offices at the camps. It will assist in identifying the respective Organizational Chart. management staff and supervisors. The assessment should consist: (i) Risk assessment leader, (ii) Risk assessment team members (iii) Date of risk assessment. Construction Risk 3 This will involve Identifying the risks, their description, probability of Assessment getting involved in the risk and impacts from the risk. A description of control measures/procedures/methods to manage the risk will be provided. This will involve listing risk types, their description, probability of getting involved in the risk and impacts from the risk. Control 4 Fall Protection Plan measures/procedures/methods to manage the risk and the responsible person. Hazardous Hazardous work/Activity (HWA) method statement will be provided by 5 Work/Activities-Method listing the HWA, their description, Method To be followed / Used to Statements safely carry Out the hazardous activity and the responsible person. Personal Protective A billboard with clear drawing of PPEs and their description will be 6 Equipment Requirements provided. Measures to Control the Description of various tools will be provided. Measures & procedures to 7 Condition and Use of ensure safe condition & use of tool/equipment and responsible person Tools and Equipment named. Fire Prevention and Details of control and safety measures to be taken during storage and use 8 Control Measures of the inflammable substance A schedule of waste materials and effluents types of wastes will be identified. Description of waste/effluent generated on the site will be Environmental Protection 9 provided. Disposal/ effluent disposal methods and procedures to be Measures named. Further, name and contact details of the company responsible for disposal of waste will be provided. First Aid Arrangements will include: Name(s) of first aiders on the work 10 First Aid Arrangements - site. Number of and location of first aid boxes Details of other first aid/emergency medical arrangements made Construction Site There will be a graphic illustration of the signage and the description on 11 Signage where to use/wear.

76 8.6.2 Vehicle/Traffic Management Plan

During construction phase of the proposed road, the Contractor should manage the Motorised and Non- motorised traffic in the following ways:-

 To ensure that disruptions to traffic and road transport are minimized, , from Km 00+00 especially at Kiambu- Kirigiti road junction, Kirigiti roundabout area, Ngewa/kwa Maiko trading center, Mangu/Flyover road junction, Gatukuyu, Ngoingwa and at end of the project road at Thika Road A2 and Mangu Road junction.,  To ensure that the roads remain open to traffic during construction activities with well management of flagmen/women.  Prior to construction activities, the Contractor will install all signs, barriers and control devices needed to ensure the safe use of the road by traffic and pedestrians.  Information, warning and direction signs will be incorporated provided at specific places along the project road. Vandalised signs should be replaced.  Kiambu County authorities, DCC, site PAP and residents in a working area will be consulted before any detours for construction or diverted public traffic are established;  Disposal sites and haul routes will be identified and coordinated with local officials;  Construction vehicles will use temporary roads constructed for that purpose to minimize damage to agricultural land and local access roads.  Where local roads are used, e.g. haulage of raw material from identified sites, they will be maintained and reinstated to their original condition after the completion of work.

8.6.3 Waste Management Plan

Specific sources of liquid and solid waste will be:-

i) Bulk earthworks, ii) Waste from site office/camp, iii) Used spare parts from trucks, plant and equipment

Some of the waste will include waste oil, effluent disposal (septic tanks), drilling slurries and drilling fluids, wastewater from site and dredging. Table 8.1 has details on managing the waste during construction period.

Management Plan during Construction Phase

Process Waste Management during Construction Phase

Requirements Responsibility Timing Spoils from bulk earthworks will be Construction Throughout the Actions stockpiled and reused where possible Manager Construction period Waste from site office/camp and repairs and maintenance will be segregated at source and Site Office Project Throughout disposed as per the procedure for solid waste Manger construction works management

77 Site Manager / Performance No waste will be deliberately or Throughout Construction Indicators unintentionally released construction works Manager Waste quantities measured and recorded on Site Office Project Throughout Monitoring a daily basis Manager construction works Reporting to Site Office Project Manager Throughout All staff and HSE Advisor construction works Reporting Any reporting to Resident Engineer and Site Office Project Throughout NEMA Manager construction works Corrective Site Office Project Throughout Awareness and training of waste handling. Actions Manager construction works

8.6.4 Camp Design / Installation Plan

The Contractor's camp(s) for labour, accommodation, offices and construction plant sites shall be identified based on the following guidelines:-

 The camp should be constructed in accordance with contract documents, adhering to the specified and required standards.  The construction site shall be located minimum distance from the road project site and away from any settlement (Min 1km). This will keep off unauthorized persons into the camp and the associated and unnecessary interference.  The camp should be enclosed with boundary wall, with only one guarded entrance.  Movement of the workers, in and out of the camp - should be registered during the nighttime. This will prevent possible illegal activities, e.g. pilfering of camp’s items, ill behaviours from workers at night etc.  Camp activities should not create any disturbance to the local community.  Operation of the plant and machinery should be restricted to daytime only  Care should be taken while starting and moving the heavy vehicles, there is a possibility that children of near settlement may be playing with machinery parked outside the camps.

8.6.5 Ancillary Plans

Ancillary plans for the Construction sites should include:- Facilities at the Workmen’s Camp  Potable water supply in quantity and quality,  Safe access road is required at camps;  Waste (all kind of solid and liquid wastes) generated should be disposed off in accordance with NEMA's Waste Management Regulations) 2006, Part II, Solid Waste, which has provisions on disposal methods.

Sanitation Facilities  Construction camp shall be provided with sanitary latrines and urinals.

78  Closed drainage systems and the proper treatment systems according to the local conditions should be constructed for the proper flow and effective treatment. The sewage system built for the camp will be operated properly to avoid health hazard, ground water and soil pollution.  Compost pits will be constructed for the disposal of the garbage and other biodegradable wastes generated from the camps. Proper collection, transportation and disposal of the wastes will be ensured. Health Care Facilities13  Health problems of the workers should be taken care of by providing basic health care facilities through a health center set up at the construction camps.  The health center will have at least a qualified medical staff (part time), duty staff, medicines and minimum medical facilities to tackle first-aid requirements for minor accidental cases.  Arrangements and contacts should be made with the nearest hospital to refer patients of major illnesses or critical cases. Further recommended ancillary provisions during road operation stage will include  Rural road pedestrian footpaths and cycle tracks where expected number of pedestrians and cyclists exceed 1,000 per day.  Service roads through market centers.  Climbing lanes, bus bays and heavy truck parking.

8.6.6 Spills Prevention and Response Plan

The spill prevention and response plan will provide the Contractor general guidance and procedures to manage project site operations which have potential to cause environmental damage and procedures to follow in case spill occurs. The following discharges - potential pollutants - are likely to occur during construction phase. i) Wastewater from washout of concrete; ii) Wastewater from washout and cleanout of paint, form release oils, concrete grinding slurry, curing compounds and other construction materials; iii) Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; iv) Soaps, solvents, or detergents used in vehicle and equipment washing; and v) Toxic or hazardous substances from a spill or other release.

13 This is in accordance with International Federation of Consulting Engineers (FIDIC), Clause 6.7.

79 Table 8.5 has outlines some of the contents of the spills prevention and response plan. Issues of Concern in the Spills Response Plan Contractors Areas of Examples of Issues of Concern in the Plan Concern in the Plan 1 Contractor  Contractor to follow proper procedures storage and handling of Responsibilities hazardous materials.  Train employees to control the identified waste and recyclable products in the containers provided.  Maintain Material Safety Data Sheets (MSDS) on file for hazardous chemicals used on the project and ensure employees follow all of the incorporated requirements.  Use correct PPEs. 2 Fueling and Maintenance  Use drip pans and absorbents under or around leaky vehicles; of Equipment or Vehicles  Dispose of or recycle oil and oily wastes in accordance with NEMA.  Clean up spills or contaminated surfaces immediately, using dry clean up measures and eliminate the source of the spill to prevent discharge or a furtherance of an ongoing discharge 3 Washing of Equipment and  Provide an effective means of minimizing the discharge of Vehicles. pollutants from equipment and vehicle washing, wheel wash water, and other types of washing.  Avoid washing activities in the existing water courses. 4 Disposal of Waste  Separate hazardous waste from construction and domestic waste. Products  Store waste in sealed containers, which are constructed of suitable materials to prevent leakage and corrosion, and which are labeled.  Provide waste containers (e.g., dumpster or trash receptacle) of sufficient size and number to contain construction and domestic wastes.

In complying with the corrective actions in spillage management, the Contractor is responsible to comply with Hazardous Spill Prevention and Response Plan. Contractor's non‐compliance to spill containment control measures will be communicated to the Resident engineer and supervising OHS advisor.

8.6.6.1 Emergency/Disaster Preparedness Plans for the Proposed Road Project

The contractor shall develop and implement the guidelines for emergency/disaster preparedness and response as provided below:-

 Objective:- ◦ To define emergency situations that may arise during the construction phase of the project; ◦ To prepare emergency response plans in line with the identified emergency situations; ◦ To put systems in place to equip facility with emergency equipment; ◦ To put mechanisms in place to test the emergency procedures and propose improvements. ◦ Keep contacts, both internal and external, of persons in charge for management of emergencies and disasters.

80  Emergency situations have been defined as follows:-

◦ Occupational health and safety ▪ Fire outbreak ▪ Flooding ▪ Fatality on site ▪ Serious accident leading to multiple personal injuries ▪ Illness due to food poisoning ▪ Mass illnesses arising from inhalation and contact with hazardous chemicals ◦ Environmental incidents/Disasters ▪ Incidents / accidents that may lead to stoppage of works for more than 1 working day; ▪ Incidents that may significantly impart negatively on the project and lead to negative publicity within the project neighbourhood and to the media ▪ Incidents that may cause damage and harm to the environment, especially pollution to soil, water sources and air pollution.

 The process for Identification of Significant Occupational Safety and Health Risks; Identification of Significant Environment all Aspects has come up with the following as emergency situations that are likely to occur:-

◦ Occupational Health and Safety incidents: ▪ Fire outbreak at residential and offices camps, heavy equipment, plants and motor vehicles; ▪ Fatality at site; ▪ Multiple serious injuries; ▪ Food poisoning from workers canteen; ▪ Camp invasion scare ◦ Environmental and social incidents ▪ Fire outbreak at the Camp, equipment, and plants; ▪ Oil spillage leading to surface and ground water contamination and soil degradation; ▪ Chemicals spillage, fire;

▪ Camp invasion by local residents due to perceived injustices ranging from employment opportunities, degradation of environment and moral related issues due to labour influx.  Preventative measures: ◦ All Emergency measures shall have preventative measures documented and implemented. These shall be outlined in the risk assessments conducted in section 2 above ◦ Whenever new or modifications of processes are put in place, the risk assessment shall be reviewed to incorporate the modification or introduction of new processes.  Repair and Maintenance of emergency equipment ◦ An initial fire survey shall be done jointly with a DOSHS approved fire inspector;

81 ◦ Emergency equipment shall be procured as per the recommendation if the fire inspector; ◦ Once the equipment has been procured and installed, there shall be monthly inspections by the Health and Safety Officer who shall record observations in a prescribed format. For equipment that shall require top up, services for repair and maintenance shall be sought; ◦ Periodic repairs and shall be conducted on quarterly basis or as per the advice of emergency equipment and service provider.

 Emergency response team

◦ An emergency response team shall be constituted. This team shall have the membership and responsibilities as shown in

8.6.6.2 Composition and Tasks of Emergency/Disaster Preparedness and Response Team

Emergency Role Responsibilities During Emergencies

1. Emergency - The overall coordinator of reported emergencies Controller - Monitor the situation as it unfolds - Contact with Gok Officers and the Consultants Engineers - Give media brief where need be - Delegate the duties to any other manager where necessary

2. Assistant - Deputise the emergency controller Emergency - Liaise with affected stakeholder stakeholders Controller - Update the emergency controller on feedback from stakeholders

3. Emergency - Liaise with the emergency services on site Coordinator - Liaise with affected stakeholders - Give feedback to the Emergency controller - Spearhead the roll call at the assembly points - Announce all clear once the emergency situation eases up - Write the report and learnings and arising from the emergency response. Distribute the report to the emergency team

4. Assistant - Deputise the Emergency controller Emergency - Coordinate and translate with the Chinese workers Coordinator

5. Emergency - Ensure emergency alarm is raised Marshalls - Mobilise workers in their areas of jurisdiction - Where safe to so, ensure that the emergency situation is averted - Ensure all workers, visitors and sub-contractors have evacuated to the assembly point

 Emergency drills/practices ◦ An emergency response center shall be established on site. Likewise, an alternative emergency

82 center shall be designated in event that the aforementioned response center is rendered out of use; ◦ A response plan shall be developed for each of the identified emergency situations; ◦ Each of the identified drills shall undergo tests at least once a year ◦ Lessons learnt during the drills shall be documented and improvements for future drills and emergencies proposed and implemented in the next drill / emergency.

 Emergency contacts ◦ Emergency contacts shall be documented and distributed in all offices and notice boards including security gatehouses; ◦ The contacts shall include: police, fire emergency services, ambulance services ◦ The contacts list shall be revised at least once a year to ascertain validity telephone numbers and individuals names.

8.6.6.3 Occupational and Safety Concerns during Construction Phase

Based on the identified hazards, the contractor shall evaluate the risk by considering the likelihood of occurrence and severity. The likelihood of occurrence shall be based on Very Low, Low, Medium, High or Very High. A numerical system can also be used ranging from 1 to 5. The extent of the rating shall be based on the controls that the contractor has put in place. It shows an evaluation of the risk, severity and causal factors.

The risk assessment shall be use to priories the remedial measures. Risks with high evaluation scores shall be given priority for remedying the situations.

8.6.6.4 Occupational and Safety Concerns during Operation Phase

There are some periods towards the end of the construction phase that the road may be opened intermittently for public use. During these periods the workers may still be undertaking construction works on the project road. This implies that the workers shall be exposed to vehicles and pedestrians form the public with risks of accidents that can lead to serious accidents and fatalities. Towards this, the remedy shall be:-

- to enhance safety signage to forewarn the road users that the road is still under construction some sections - Use traffic marshals to direct other road users - Demarcate work areas with physical barriers. These barriers should have on them retroreflective materials for enhanced vision in the night - Where appropriate, slow down traffic by use of bumps, rumble strips or zigzag bollards where appropriate.

8.6.7 Environmental Awareness Plan

The plan will focus on training, awareness and competence for the site staff with the objective of making them able to work and address tasks that have the potential to cause a significant environmental impact. Environmental awareness and training shall be achieved by:-

83

 Site induction, including relevant environmental issues.  Environmental posters and site notices.  Method statement and risk assessment briefings.  Toolbox talks, including instruction on incident response procedures.  Key project specific environmental issues briefings.

8.6.8 Decommissioning Plan for the Camps and other Instillations

The decommissioning plan will be prepared by the Contractor just before completion and handing over the project road to the Client. All the obsolete items at the camps, contractor’s garages, old tyres among other items will be segregated and disposed by a NEMA registered waste handler. The decommissioning plan will be in form of a matrix with the following details:-

 Decommissioning steps and tasks  Hazards and possible risks  Control/preventive measures to the possible hazards  Details of responsible personnel in taking decommissioning actions  Timeframe for implementing the decommissioning plan.

8.7 COST OF THE PROJECT

Construction Cost Supervision Cost Total project cost

Option 1 KShs 10,441,645,568.32 KShs 10,781,363,168.32 KShs 339,717,600 KShs 10,628,638,614.92 KShs 10,968,356,214.92 Option 2

84 9.0 CONCLUSION AND RECOMMENDATIONS

Positive socio-economic impacts will be experienced during the operation stage of the road. This will be mainly within dual carriageway sections from km 00+000, - start of the project to Ngewa and from Mangu junction to Thika highway. Traffic snarl-ups will be minimized within these sections and hence no wastage of economic time due to traffic related delays and snarl-ups. The noted negative impacts during construction phase can be mitigated. The RAP team has identified all the PAPs, who have either encroached upon the road's RoW or part of their land will be acquired to pave the way for the road's expansion procedures. The PAPs have been informed about the proposed land acquisition early enough during the road design phase and therefore they have ample time to perceive and readjust to the new development during the design process.

Road safety related mitigation measures have been suggested which includes the use of road furniture, speed bumps within built up areas, signage, and road marking, guardrails among others. - The built up areas include Kirigiti, Riobai, Ngewa, Kibichoi, Kang'oo and Gatukuyu. Areas with schools have also been considered, on safe crossing of the road for school pupils and students.

Community social responsibilities will be taken into account. They include consideration to make market for displaced traders in Kirigiti, classrooms to be constructed in public schools affected by the project and designing programmes meant to rehabilitate and sensitize youths on alcohol and use of substance.

In view of socio-economics, the proposed project will have residual significant positive impact on business and retail, by improving the accessibility of the existing trading centers.

Significant cumulative impacts will be noise from vehicles will create further cumulative impacts during this stage.

Regarding the objective of the Social Impact Assessment (SIA) study was to provide not only the client with significant and sufficient information about the proposed road project but also institutions and relevant authorities. It is hoped that this information will be used to evaluate whether the proposed project is likely to have significant negative socio-economic and cultural impacts that outweigh the positive impacts. It is anticipated that the proposed development project would bring substantial economic benefits not only to the local communities within the project area, but to the entire nation as a whole.

After the mitigation proposed in this study it is unlikely that this project will have significant adverse social and environmental impacts. Most adverse impacts will be of a temporary nature during the construction phase and can be managed to acceptable levels with implementation of the recommended mitigation measures for the Project such that the overall benefits from the Project will greatly outweigh the few adverse impacts.

These are the recommendations of this Social Impact Assessment study (SIA):-

 To address potential child labour during the construction phase, the contractor is encouraged to ensure consultations with the public and other players such as NGOs, Child Protection Services and Education sector. Training and talks with the workers regarding money management to be done by the proponent; this will go a long way in reducing the spend thrift culture in such camps thereby reduce the allure associated with such works.

85  In regards to increase in HIV&AIDS prevalence and early pregnancy cases. Labour camps should not be located near primary and secondary schools in the project area. Training and awareness creation in the project area in regards to HIV&AIDS should be conducted.  It is recommended, the project proceed as planned with the mitigation measures integrated in its implementation. In addition to this the project to be implemented in compliance with all the relevant legislations as proposed at all phases of the project implementation.

 The project should consider implementing considerable Corporate Social Responsibility(CSR) proposals recommended;

 The project to consider training local youth in related short courses to ensure/ increase their employment capabilities both during and after the project

 The proponent should grievance redress committee in dispute resolution mechanisms and other soft skills to enable them effectively execute their duties especially during the compensation stage.

 During project implementation period social management policies including Grievance redress procedures, stakeholder’s management plan, labour influx, whistle blowers plan, employment management plan, HIV/AIDs management plans, Child protection plan, Employees code of conduct among other plans that may be necessary.

86 10.0 REFERENCES

AFRICAN DEVELOPMENT BANK GROUP. (2013): Integrated Safeguards System. Policy Statement and Operational Safeguards. Safeguards and Sustainability Series, Vol. 1 - Issue 1.

GOK. (2007): Occupational Safety and Health Act, No. 15. Gov. Printer. Nairobi.

GOK. (2009): Ministry of Roads Design Manual for Roads and Bridges

HELMUDT SCHMIDT. (1983): Farm Management Handbook of Kenya.

MINISTRY OF TRANSPORT AND COMMUNICATION (1986): Standard Specifications for Road and Bridge Construction. Nairobi.

GOK. (1999): Environmental Management and Coordination Act (EMCA). Government Printer, Nairobi, Kenya

GOK. (2000): National Gender and Development Policy.

GOK. (2009): Kenya National Aids Strategic Plan 2009/10 – 2012/13

WASIKE, WILSON. (2001): Road Infrastructure Policies in Kenya: Historical Trends and Current Challenges. In: KIPPRA, Working Paper No. 1.

U.S. DEPARTMENT OF ENERGY. (Ed). (2000): Decommissioning Plan Handbook. Department of Energy, Washington, D.C, U.S.A.

RALPH JÄTZOLD. (1987): The Agro-ecological Zones of Kenya and their Agro-Economical Dynamics. Trier.

KRHODA GEORGE OKOYEL, AMIMO MESHACK et al. (2015): Africa Journal of Physical Sciences 2 (1) (2015). Department of Geography and Environmental Studies, University of Nairobi

STATE OF QUEENSLAND (2014).(Ed): Significant Residual Impact Guideline. Department of Environment and Heritage Protection, Queensland Environmental Offsets Policy, 2014.

GOK (2007): Kenya Vision 2030. NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY (2011): Integrated National Land use Guidelines for a Sustained Societal Attributes – Infrastructure, Environmental Resources and Public Safety.

MUSA M KIIO; PATROBA ACHOLA ODERA. (2015): Land Use Land Cover Changes and their Effects on Agricultural Land: A Case Study of Kiambu County.

REPUBLIC OF BOTSWANA. (2001): Planning and Environmental Impact Assessment of Road Infrastructure. Ministry of Works, Transport & Communications, Gaborone, Botswana

NSW. (2016): Technical Guide Management of Road Construction and Maintenance Wastes. Issue No. 10, 2016. New South Wales,Australia

87 11.0 APPENDICES

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Appendix I: Key Stakeholders Interview

89

Appendix II: Attendants

90

Appendix III: NEMA TOR Approval

91