REPUBLIC OF KENYA
Public Disclosure Authorized
MINISTRY OF LAND, HOUSING AND Public Disclosure Authorized URBAN DEVELOPMENT
DIRECTORATE OF NAIROBI METROPOLITAN DEVELOPMENT
ESIA FOR THE CONSTRUCTION OF RUIRU TOWN ROADS LEADING TO RAILWAY STATION Public Disclosure Authorized
Public Disclosure Authorized
June 2014
Client: Lead EIA/EA: The Senior Principal Superintending Engineer {SPSE(T)} Eng Joseph Muchiri Ministry of Land, Housing and Urban Development, P.O Box 20359-00200 Directorate of Nairobi Metropolitan Development, Nairobi, Kenya P.O. Box30130 - 00100 Email:[email protected] Nairobi
Certificate of Declaration and Document Authentication
This document has been prepared in accordance with Environmental (Impact Assessment and Audit) Regulation, 2003ofthe Kenya Gazette supplementNo.56 of13thJune 2003, Legal Notice No. 101. This report is prepared for and on behalf of:
The Proponent The Senior Principal Superintending Engineer (Transport), Ministry of Land, Housing and Urban Development, Directorate of Nairobi Metropolitan Development, P. O. Box 30130-00100,
Nairobi, Kenya.
Official Stamp
Designation ------
Name ------
Signature ------
Date ------
Firm of Experts
Eng. Joseph Muchiri is a registered Lead Expert on Environmental Impact Assessment/Audit (EIA/A) by the National Environment Management Authority–NEMA (Reg. No.2408), confirm that the contents of this report are a true representation of the Environmental Impact Assessment of the proposed reconstruction of Ruiru Town roads.
Lead Expert Eng. Joseph Muchiri
Signature ------
Date: August30, 2013
Do hereby certify that this report was prepared based on the information provided by the proponent, various Government agencies as well as that collected from other primary and secondary sources and on the best understanding and interpretation of the facts by the Environmental assessors. .It is issued without any prejudice.
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TABLE OF CONTENTS
List of Abbreviations…………………………………………………………………………x List of Tables…………………………………………………………………………………xi List of Figures ...... xii EXECUTIVE SUMMARY ...... xiii
1.0 INTRODUCTION ...... 2 1.1 Background and Rationale for an Environmental Impact Assessment ...... 2 1.2 Project Description...... 4 1.2.1 General Description...... 4 1.2.2 Road Section A to B...... 4 1.2.4 Road section J to K ...... 6 1.2.5 Level crossing at railway station ...... 7 1.2.6 Improvement of the railway station terminal...... 7 1.3 Study Objective and Project Justification ...... 8 1.3.1 Study Objective...... 8 1.3.2 Project Justification ...... 8 1. 4 Study Approach and Methodology...... 9 1. 4.1 Overview ...... 9 1.4.2 Site Walk Assessment Survey ...... 10 1.4.3 Consultative Forums ...... 10 1.5 Scope and Content of the Project ...... 10 1.6 Project Cost ...... 11 1.7 Duties of the Proponent ...... 11 1.8 Duties of the Contractor ...... 11
CHAPTER 2: POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK...... 15 2.1 National Legal and Institution Framework ...... 15 2.1.1 EMCA No 8 Of 1999 ...... 15 2.1.2 Environmental (Impact Assessment and Audit) Regulations, 2003 ...... 16 2.1.3 EMCA (Waste Management) Regulations, 2006 ...... 16 2.1.4 EMCA (Water Quality) Regulations, 2006 ...... 17 2.1.5 EMCA (Controlled Substances) Regulations, 2007 ...... 17 2.1.6 EMCA (Noise and Vibration Control) Regulation, 2009 ...... 17 iii
2.1.7 EMCA (Wetlands, River Banks, Lake Shores and Sea Shore Management) Regulations, 2009 18 2.1.8 EMCA (Conservation of Biological Diversity and Resources, Access to Genetic Resources and Benefit Sharing) Regulations, 2006...... 18 2.1.9 EMCA (Fossil Fuel Emission Control) Regulations, 2006 ...... 19 2.1.10 Way Leave Act (Cap 292) ...... 19 2.1.11 Land Acquisition Act (Cap. 295) ...... 19 2.1.12 Public Health Act Cap 232 ...... 20 2.1.13 Public Roads and Roads of Access Act (Cap. 399) ...... 20 2.1.14 Factory and Other Places of Work Act (CAP 514) ...... 20 2.1.15 Physical planning act, 1999 ...... 20 2.1. 16 Land Adjudication Act Chapter 95 ...... 21 2.1. 17 Water Act 2002 ...... 21 2.1.18 Local Government Act Chapter 265 ...... 21 2.1.19 Work Injury compensation Benefit Act 2007 ...... 21 2.1.20 Traffic Act Chapter 403 ...... 21 2.1.21 Use of Poisonous Substances Act Cap 247 ...... 21 2.1.22 Forest Act Cap 385 ...... 22 2.1.23 Malaria Prevention Act (CAP 246) ...... 22 2.1.24 Penal Code (CAP 63) ...... 22 2.1.25 Standards Act Cap 496 ...... 22 2.1.26 The Wildlife Conservation and Management Act, Cap 376 ...... 22 2.1.27 The Occupation Safety and Health Act, 2007 ...... 23 2.2. National Administrative Framework ...... 23 2.2.1 The National Environment Council ...... 23 2.2.2 The National Environment Management Authority ...... 23 2.2.3 The Standards and Enforcement Review Committee ...... 23 2.2.4 The Provincial and District Environment Committees ...... 23 2.3 National Policy Framework ...... 24 2.3.1 The National Poverty Eradication Plan (NPEP)...... 24 2.3.2 The Poverty Reduction Strategy Paper (PRSP) ...... 24 2.3.3 National Environmental Action Plan (NEAP) ...... 24 2.3.4 Environmental and Development Policy (Session Paper No.6 1999) ...... 24 2.4 International Policy Framework ...... 25 2.4.1 Protection of Natural Resources ...... 25 2.4.1.1 United Nations Convention to Combat Desertification (UNFCCD) of 1994 ...... 25 iv
2.4.1.2 Convention on Biological Diversity, 1992 ...... 25 2.4.1.3 The Convention on Wetlands of International Importance (Ramsar, 1971) ...... 26 2.4.1.4 Kyoto Protocol to the United Nations Framework Convention ...... 26 2.4.1.5 The World Commission on Environmental and Development (The Brundtland Commission of 1987) ...... 26 2.4.1.6 Convention concerning the Protection of World Cultural and Natural Heritage, 1972 . 26 2.4.1.7 Convention on International Trade in Endangered Species (CITES) of Wild Fauna and Flora, 1990 ...... 27 2.4.1.8 The Convention of Control of Desertification ...... 27 2.4.1.9 The Basel Convention ...... 27
CHAPTER 3: PROJECT BASELINE ...... 30 3.1. Project Location ...... 30 3.2 Topography ...... 30 3.3 Climate ...... 30 3.4 Scope of Works ...... 31 3.4.1 General Description of works ...... 31 3.4.2 Existing road condition ...... 31 3.4.3 Drainage ...... 31 3.4.4 Railway Crossing ...... 32 3.4.5 Material Sources ...... 32 3.4.6 Available Infrastructure...... 32 3.4.7 Security ...... 32 3.4.8 Road Furniture ...... 32 3.5 Description of the Project’s Construction Activities ...... 32 3.5.1. Pre-Construction of the Investigations ...... 32 3.5.2. Sourcing and Transportation of Building Materials ...... 32 3.5.3 Storage of Materials ...... 33 3.5.4 Excavation and Foundation Works ...... 33 3.5.5. Masonry, Concrete Work and Related Activities ...... 33 3.5.6 Sitting and development of camp site ...... 33 3.5.7 Source water ...... 33 3.5.8 Landscaping ...... 34 3.6 Description of the Project’s Operational Activities ...... 34 3.6.1 Occupancy ...... 34 3.6.2 Solid Waste and Waste Water Management ...... 34 v
3.6.3 Cleaning ...... 34 3.6.4 General Repairs and Maintenance ...... 34 3.7 Description of the Project’s Decommissioning Activities ...... 34 3.7.1 Demolition Works ...... 34 3.7.3 Site Restoration ...... 35 3.7.4 Construction Materials and Energy Used ...... 35 3.7.5 Solid Waste Generated ...... 35 3.7.6 Liquid Effluents Generated by the Project ...... 35 3.8 Analysis of Project Alternatives ...... 35 3.8.1 No Project Alternative ...... 35 3.8.2 Analysis of Alternative Construction Materials and Technology ...... 36 3.8.3 Solid waste management alternatives ...... 36
CHAPTER 4: PUBLIC PARTICIPATION ...... 37 4.1 Legal Requirement ...... 37 4.2 Objectives of Public Consultations ...... 37 4.3 Methodology and Data Collection ...... 37 4.4 Deduction on information gathered during public participation ...... 39
CHAPTER 5: BASELINE INFORMATION OF THE STUDY AREA...... 40 5.1 Introduction ...... 40 5.2 Kikuyu Constituency ...... 40 5.2.1 Geographical Location and Size ...... 40 5.2.2 Topography and Climate ...... 40 5.2.3 Population Size and Distribution ...... 40 5.2.4 Economic Activities and Employment ...... 40 5.2.6 Land Use and Tenure ...... 41 5.2.7 Social Services and Community Facilities ...... 41 5.2.8 Water Supply ...... 41
CHAPTER 6: POTENTIAL ENVIRONMENTAL IMPACTS ...... 47 6.1 Introduction ...... 47 6.2 Analysis of Anticipated Negative Environmental Impacts of Construction Activities ...... 48 6.2.1 Extraction and Use of Materials ...... 48 6.2.2 Dust Emissions ...... 48 vi
6.2.3 Exhaust Emissions ...... 49 6.2.4 Noise and Vibration ...... 49 6.2.5 Risks of Accidents and Injuries to Workers ...... 49 6.2.6 Clearance of Vegetation ...... 49 6.2.7 Increased Soil Erosion ...... 50 6.2.8 Waste Generation ...... 50 6.2.9 Increased demand of sanitary facilities ...... 51 6.2.10 Repairs and Maintenance of Vehicles and Machinery ...... 51 6.2.11 Water Use ...... 51 6.2.12 Interference with Business and Daily Activities during Demolition ...... 51 6.3 Positive Environmental Impacts of Construction Activities ...... 52 6.3.1 Increased Security in the area ...... 52 6.3.2 Creation of Employment Opportunities ...... 52 6.3.3 Provision of Market for Supply of Materials ...... 52 6.3.4 Reduce costs of Road Maintenance ...... 52 6.3.5 Improved Drainage and Road Safety ...... 52 6.3.6 Increased Business Opportunities ...... 52 6.4 Negative Environmental Impacts of Operational and Maintenance Activities ...... 53 6.4.1 Immigration of workers ...... 53 6.4.2 Increased pressure in the area ...... 54 6.4.3 Interference with Traffic Flow ...... 54 6.5 Positive Environmental Impacts of Operational Activities ...... 54 6.5.1 Provision of markets to local goods ...... 54 6.5.2 Revenue to National and Local Governments ...... 54 6.5.3 Reduction in poverty ...... 54 6.6 Negative Environmental Impacts of Decommissioning Activities ...... 54 6.6.1 Solid Waste ...... 54 6.6.2 Dust ...... 55 6.6.3 Interference with road users ...... 55 6.6.4 Noise and Vibration ...... 55 6.6.5 Increased waste water...... 55 6.7 Positive Environmental Impacts of Decommissioning Activities ...... 55 6.7.1 Rehabilitation ...... 55 6.7.2 Employment Opportunities ...... 55
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CHAPTER 7: IMPACTS MITIGATION AND MONITORING ...... 56 7.1 Introduction ...... 56 7.2. Mitigation of Construction Phase Impacts ...... 56 7.2.1. Efficient sourcing and Use of Raw Materials ...... 56 7.2.2. Minimization of Vegetation Disturbance ...... 56 7.2.3. Minimization of Run-off and Soil Erosion ...... 57 7.2.4. Minimization of Construction Waste ...... 57 7.2.5. Reduction of Dust Generation and Emission ...... 58 7.2.6. Minimization of Exhaust Emissions ...... 58 7.2.7. Minimization of Noise and Vibration ...... 58 7.2.8. Occupational Health and Safety ...... 58 7.2.9. Minimization of Water Use and pollution of water causes ...... 59 7.2.10. Provision of Sanitary Facilities ...... 59 7.2.12. Development of the Garages and Waste Oil Handling Facilities ...... 59 7.2.13. Rehabilitating and Mending up activates ...... 59 7.2.14. Waste Water and Effluent Management ...... 59 7.2.15. Minimization of accidents along the road ...... 60 7.2.16 Continuous Monitoring and Consultation ...... 60 7.3. Mitigation of Operation Phase Impacts ...... 60 7.3.1. Social Impact ...... 60 7.3.2. Ensuring Efficient Solid Waste Management ...... 61 7.3.3. Ensure Efficient Water Use ...... 61 7.3.4. Environmental Pollution and Contamination ...... 61 7.3.5. Health and Safety ...... 62 7.3.6. Social and Economic Impacts ...... 62 7.3.7. Road Drainage ...... 62 7.4. Mitigation of Decommissioning Phase Impacts ...... 62 7.4.1. Efficient Solid Waste Management ...... 62 7.4.2. Reduction of Dust Concentration ...... 63 7.4.3. Minimization of Noise and Vibration ...... 63
CHAPTER 8: ENVIRONMENTAL MANAGEMENT/MONITORING PLAN ...... 64 8.1 Introduction ...... 64 8.2 Construction and Operational Phase EMMP ...... 64 8.3 Operational Phase EMMP ...... 80
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8.4. Decommissioning Phase ...... 84
CHAPTER 9: CAPACITY BUILDING ...... 85 9.1 Capacity Building and Training ...... 85 9.2 Monitoring Guidelines ...... 85 9.3 Reporting ...... 87 9.4 Conclusion and Recommendations ...... 87
References……………………………………………………………………………………….……89
Appendix 1: Questionnaire to Stakeholders ...... 90 Appendix 2: Public Participation and Consultations Questionnaire Responses ...... 91 Appendix 3: Sample Chance Find Procedures……………………………………..……...... 92
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List of Abbreviations
ASL Above Sea Level CBO Community Based Organizations CCD Convention of Control of Desertification CITES Convention on International Trade in Endangered Species (CITES) CTC Child To Child DEO District Environment Officer DONMED Directorate of Nairobi Metropolitan Development DRE District Roads Engineer EHS Environmental Health and Safety EHSO Environmental Health and Safety Officer EIA Environmental Impact Assessment ES&IA Environmental and Social Impacts Assessment EMCA Environmental Management and Co-ordination Act EMMP Environmental Management & Monitoring Plan EO Environment Officer HIV/AIDS Human Immuno-deficiency Virus/Acquired Immune Deficiency Syndrome. IBA Important Bird Areas IP Indigenous People MoLH&UD Ministry of Land, Housing and Urban Development RUJUWASCO Ruiru-Juja Water and Sewerage Company LN Legal Notice MoH Ministry of Health NEMA National Environment Management Authority NGO Non-Governmental Organizations NMP Non-Motorists Practice OHS Occupational Health and Safety OP Operation Policy PAPs Project Affected Persons PC Public Consultation. PCR Physical Cultural Resources PD Public Disclosure PPE Protective Personal Equipment RE Resident Engineer SEA Strategic Environmental Assessment STI Sexually Transmitted Infections ToR Terms of Reference VCT Voluntary Counseling & Testing WHO World Health Organization
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List of Tables
Table8.1 EMMP – Construction Phase………………………………………………….60
Table8.2 EMMP – Operational Phase………………………..…….………..…………..76 Table8.3 EMMP – Decommissioning Phase……………...……………….…………….79 Table9.1: List of the Environmental Parameters and their Measurable Indicators…..……81
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List of Figures
Figure1.1: Ruiru Roads Layout Plan………………………………………………………....…..2
Figure1.2: Ruiru Secondary, Residential Houses and Sub District Hospital) …………….…….3
Figure1.3: Vegetation along the Road Section and House Church ……………………………...3
Figure1.4: Nairobi Baptist college, Municipal county office and junction to Kiambu road….….3
Figure1.5: Majengo Estate and Market ……………………………………………………..4
Figure1.6: Boda-boda operators at Ruiru market …………………………….………….. ….4
Figure1.7: Railway station at Ruiru town ………………………………………………….…..4
Figure1.8: Informal business along section H-I-J of the proposed roads …………....….……….5
Figure1.9: Business operation along section I-K-L of the proposed roads ……………..…….5
Figure1.10: Railway terminal at Ruiru town ………………………………………….….……….6
Figure3.1 General layout of the proposed roads ………………………..….…..…..……..….27
Figure3.2: Location of Ruiru River………………………………………………....……………31
Figure6.2: Trees along section A to D ……………………………………………...... ………44
Figure6.3: Hawkers, Kiosks and mechanics working along road reserve ………………………46
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EXECUTIVE SUMMARY
The objective of this Environmental and Social Impact Assessment (ESIA) is to analyze and evaluate the anticipated environmental impacts on the proposed construction and rehabilitation of the roads within Ruiru Town. The areas of interest are on physical, biological, socio-cultural and socio-economic environments. The assessment was conducted from 23rd July 2013 to 26th July 2013 and involved studying the whole length of the road totaling 2.1 Kilometers and other associated features like drainages, walk-ways and riders’ paths.
The aim of the study is to provide guidelines that shall harmonize the co-existence of the project with the surroundings and at the same time facilitates the Ministry of Land, Housing and Urban Development, Directorate of Nairobi Metropolitan Development (DONMED) and the National Environment Management Authority (NEMA), make informed decisions during the implementation of this project and subsequent approval of the project by NEMA.
The ESIA Study was conducted in accordance with the legal requirements stipulated in the Environmental Management and Coordination Act (EMCA) of 1999 and its supplementary legislations - the Environmental (Impact Assessment and Audit) Regulations, 2003; EMCA (Waste Management) Regulations, 2006 and EMCA (Water Quality) Regulations, 2006; EMCA (Controlled Substance) Regulations, 2007; EMCA (Noise and Vibration Control) Regulations,2009; EMCA (Emissions Control) Regulations, 2006; EMCA (Wetlands, River Banks, Lake Shores and Sea Shore Management) Regulations, 2009; EMC (Conservation of Biological Diversity and Resources, Access to Genetic Resources and Benefit Sharing) Regulations, 2006; the Land Acts, Water Act 2002, Irrigation Act among other pertinent legal and institutional frameworks regulating roads development.
This ESIA study was conducted by a team of experts through collection of baseline information on the environmental status of the project area through field studies and public consultations with the communities trading and living along the roads. The proposed roads project is situated within Ruiru Town area in Kiambu County.
The project starts at the Ruiru-Githunguri junction near the Assist County Commissioner’s office then traverses through an earth road up to St. George Primary School and turns left up to the where it joins Ruiru-Kiambu road. The other portion of the road is the former Ruiru Municipal Council office to the market through Majengo Estate. The third portion starts from Ruiru – Kiambu road to the railway station and back to the Ruiru – Kiambu road. The other works include the improvement of the commuter railway station, vehicles parking bay and a restaurant.
The scope of the proposed project includes: xiii
o Proposed widening of the road carriageway to a two-way road carriageway. o Rehabilitation of the roads to bitumen standards. o The provision of footpaths along the roads. o Proposed modifications of junctions to allow for entry and exit of vehicles to the main road. o Development of conservation and mitigation measures to be implemented during and after development of the road project. o Evaluation of impacts of the project on trader and hawkers along the roads. o Evaluation of impacts of re-cycling options on the road works. o Studying potential scour points such as steep ditches, channel gradients or side slopes. o Identifying existing and proposed materials sources. o Evaluating effects of construction on water quality. o Development of management and monitoring measures on health and sanitation for road construction labor units, and o Assessment of impacts on demographic factors including the prevention of undesirable roadside developments, and recommend regulations and measures to limit negative impacts.
The development or improvement of roads is normally anticipated to bring both positive and negative changes to the community and environment at large. These changes could be long term, short term, cumulative, reversible or irreversible and thus needs to be depicted early. Their impacts need to be analyzed, evaluated and quantified to enable generation of practical and applicable mitigation measures that shall optimize the positive impacts and reduce the negative impacts to manageable or acceptable levels. Our investigation examined the potential impacts of the project on the immediate and surrounding environments along the project road with due regard to all the phases from construction, operation, maintenance, commissioning and decommissioning. It encompassed all aspects pertaining to the physical, ecological, socio-cultural, health and safety conditions at the site and its environs during and after construction. The study was based on laid down scientific qualitative procedures with the most recent methodologies and analysis required to conduct an ESIA with strict adherence to the relevant legislative framework governing the transport sector. Reference was also made to ESIA reports dealing with similar projects within Kenya and even internet references to projects from other parts of the world. The notable potential negative environmental impacts that were identified from deductions of the consultative meetings and site visits were as follows:-
o Destruction of physical environment through quarrying, extraction of construction materials and clearing of vegetation cover. o Over abstraction of water for construction. o Interruption of the existing water services in the event of bursting of the water pipes by the contractor. o Flooding of water from new drainages to low lying areas o Air and noise pollution during and after construction xiv
o Instances of decreased health and poor sanitation. o Water logging and poor drainage during project implementation. o Increased immigration which might lead to changes in socio-cultural settings. o Chances of increased insecurity. o Increased incidences of road accidents through speeding of vehicles. o Conflicts on importation of laborers during construction stage. o Displacement of few hawkers and other traders along the road. o Interference of business during the construction period and parking spaces for their customers for the existing businesses.
However, the identified potential negative impacts can easily be mitigated by implementing the proposed Environmental Management and Monitoring Plan (EMMP), which aims at having a sound environmental project. Recommendations provided in the EMMP included:-
o Preservation of indigenous trees where it is practical and replanting of similar trees if they are cut. o Conducting periodic consultative meetings with the community members especially in association of traders in Ruiru Town. o Formation of umbrella bodies with adequate representation from community members. o Provision of portable and exhaustible toilets for the road workers. o Use of hand tools or machines with silencers to reduce noise levels and ambient air pollution. o Restoration and landscaping of area after construction, o Provision of employment to the local community especially unskilled labor. o Use of clean fuels to reduce Green House Gas emission among other measures.
The project is expected to benefit the local community by opening up the area to employment, increased economic activities and other associated opportunities arising from the proposed project. The project will also enhance the national economy through increased flow of goods and services, increased pace of movement, payment of taxes on purchased goods and also by contributing to poverty alleviation through increased food production, acquisition of material goods and services among others.
The community is ready to have the project implemented and they considered the negative impacts to be manageable, if appropriate plans are developed simultaneously with the project to sufficiently mitigate the negative impacts. The community members understand that the key to improving their living standards and meeting the requirements of the ever increasing population is infrastructural development. They anticipate this shall improve their accessibility to basic services, service providers, goods suppliers and markets for their farm produce. Table 1 below gives an outline of anticipated potential impacts and their proposed mitigation measures. xv
Table 1: Environmental Management Plan Item Component Potential Impacts Mitigation Measures Responsibility
1. Destruction a. Soil compaction and a. Develop soil erosion control measures, which should include DONMED / of physical erosion. silt management structures. Contractor environment b. Redirecting storm water b. Limit the circulation of heavy machinery to minimal areas to to new areas. reduce soil compaction and vegetation clearance. c. Obstruction of natural c. Proper drainage system to be constructed within town. water channels. d. Locate access roads perpendicularly or diagonally to the slope d. Abandoned disused rather than along steep slopes. quarries. e. Rehabilitate material excavated sites. e. Contamination with f. Avoid melting bitumen on private/productive land. melted bitumen. g. Use cleaner and environmental friendly methods in bitumen handling. 2. Increased a. Increased abstraction of a. Observe the Water Act 2002 and the 30% water reserve rights Contractor, water water for construction. for downstream users with regular demand b. Contamination of water b. Develop and implement water management plans to include monitoring by and/or supply bodies through car measures on conservation and controlled usage of the resource DONMED and water washing, disposal of solid such as rain water harvesting quality waste, discharge of c. Observe the Water Resource Management Rules of 2007 and its effluent, bitumen, oil subsequent guidelines the Water Allocation Guidelines in leaks etc. regards to borehole drilling, ground water abstraction, surface c. Reduced amount of water (rivers, spring and Lake) abstraction; downstream river flow. d. Obtain water abstraction permit and use metering methods to d. Decreased water quality ensure water is abstracted to recommended limit and increased incidences e. Do not dispose any form of waste in water bodies of waterborne diseases. f. Keep natural water channels free from obstruction g. Consult with community members when identifying water sources to avoid conflicts and abstract water according to conditions of acquired permits taking into consideration the quantified reserve for the water body in question h. Avoid water contamination and pollution activities at wetlands riparian and implement appropriate construction site management practices like excavating areas to be worked on only, control flow of excavated materials, cover areas once work is completed.
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Item Component Potential Impacts Mitigation Measures Responsibility
3. Destruction of a. Loss of vegetation and a. All trees uprooted to pave way for road expansion and access Contractor/ Flora and potential disturbance of construction should be replanted with indigenous trees DONMED Fauna environment due to b. Use alternative sources of fuel construction activities. c. Promote in the development of community tree nurseries. d. Environmental conservation measures should be instituted as part of the project 4. Inappropriate a. Increased erosion and a. Install appropriate drainage structures culverts, crossings and Contractor/ Drainage siltation of nearby water drains. DONMED bodies. b. Avoid loading rivers with silt: e.g. procurement and professional installation of a silt fence, etc. b. Lack of access to poorly drained areas by the communities. 5. Oil Spills and a. Soil contamination with a. Avoid melting, spilling and burying tar outside of designated Contractor/ Contamination construction materials. area. DONMED b. Water contamination. b. Use cleaner production mechanisms and environmental management systems where appropriate. c. Avoid spilling oil and other waste into water bodies. d. Adopt an incident management plan (per local regulations), in case contamination occurs. 6. Air and Noise a. Degradation of air a. Operate equipment with air pollution control/environmental Contractor/ Pollution quality and ambient management systems. DONMED noise due to excavations b. Insulate noisy machines when working near residential area. operations. c. Maintain vehicles and machinery in good condition in order to b. Degradation of air minimize gas emissions and noise. quality by vehicles d. Avoid bitumen melting activities in open spaces. emissions, bitumen e. Adopt working hours to minimize disturbance of local population burning and dust during (8am – 6pm). excavation operations. c. Interference with domestic affairs due to excessive and destructive noise. 7. Encroachment, a. Loss of property and a. Fully implement RAP before commencement of works. DONMED displacement unwanted eventualities b. Adopt and communicate appropriate definition of road reserve.
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and like death or fights etc. c. Development of structures to deter encroachment. resettlement of b. Destruction of existing d. Communicate with community members early enough before affected person road hence reducing its commencement of works. life span by heavy earth f. Locate areas for relocating people trading along the road reserve moving equipment. to avoid interfering with livelihoods. d. Relocation of market and businesses along the road reserve. 8. Occupational , a. Increased incidence of a. Provide road safety facilities including road signs, speed breaks, DONMED, Health and injuries, road accidents bus stops, footpath, and foot bridges. Contractor Safety and occupational health b. Provide workers with Protective Professional Clothing and hazards to workers and Equipment. Monitor daily use of such equipment. public at large. c. Conduct social awareness campaign within town. b. Increased incidences of d. Recruit locals as laborers as much as possible to reduce influx STI, HIV/AIDS, school of immigrants to Ruiru town. drop outs, unwanted e. Provide housing and appropriate sanitation facilities to workers pregnancies, alcoholism, including mobile toilets. communicable diseases f. Provide neutralizing and detoxification foods like milk to among other. workers handling chemicals. c. Interference with local g. Complying with work place legal requirements. culture and values. h. Employment of competent work force or conduct training and d. Increased informal induction courses to workers. settlement. i. Instituting safety drills, disaster preparedness and management e. Increased incidences of programmes. water and soil j. Implement HIV/AIDS and other communicable diseases contamination. programmes in conjunction with relevant ministries. f. Decreased level of e. Organize daily registration of work-related incidents. Regularly sanitation. report to project proponent and local authorities. c. Incidences of suffocation and poisoning. 9. Social a. Resources competition. a. Accord local community employment and business opportunity DONMED, Concerns b. Loss of cultural heritage. as a priority. Contractor c. Gender equity. b. Identify areas of cultural importance such as graves to avoid d. Alcoholism and drug interference with them when excavating materials. abuse. c. Establish labor camps at reasonable distance from residential, e. Interference with existing shopping areas and other local social places. local infrastructure such as d. Where possible offer women equal employment opportunities to xviii
access roads. men. f. Insecurity. e. Contractor in collaboration with proponent should develop Corporate Social Responsibility Programmes (CSRP). Develop programmes that can promote peace and harmony such as sports, cultural events etc. f. Contractor should hold continuous site meetings with workers and community members. g. Rehabilitate infrastructure damaged due project road activities. h. Implement project RAP before commencement of works. Avoid deviations of road project as it might lead to reduction of existing businesses within town. i. Provide security to project workers.
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Monitoring
The study observes that mitigation measures, design features, or actual impacts can be monitored to ensure acceptability of the project both during and after construction works. In some cases, monitoring should be done as part of routine or periodic maintenance, while socio- economic or ecological parameters can only be effectively assessed in the longer term. Monitoring is to be conducted regularly by DONMED team; parameters that can be monitored include: i. Soil conservation interventions (including planting of trees and other vegetation). ii. Water flows in surface and underground water sources. iii. Gravel pit rehabilitation. iv. Efficiency of drainage structures. v. Impact on public health (due to STDs and potential contamination of drinking water). vi. Frequency of road traffic accidents. vii. Impact on road safety. viii. Air quality. ix. Noise quality, x. Sanitation at the contractor camp, xi. Work-related incidents monitoring. Integrated monitoring requires the participation by majority of stakeholders so as to ensure that critical success factors are properly worked on throughout the monitoring period.
Conclusions and Recommendations
The proposed road construction and rehabilitation of the roads is economically feasible as it shall improve commercial accessibility to Kiambu County and connectivity of communities to social facilities and markets. It has very high potential to contribute to opening up Ruiru town and connect to Nairobi County with the railway line. Besides, the road will greatly reduce the travel time between Ruiru town and Nairobi County using the commuter train and thus increase socio-economic activities in Ruiru town and enable citizens optimize the existing economic activities.
On the other hand, there are negative environmental and social implications of the proposed road upgrading project that need to be addressed to ensure that the project is environmentally and socially sustainable. While there is a general acceptability of the road by the local people, fear of displacement, loose of livelihood, exposure to cultural interference, preference of foreign skills to local skills, and risks of general safety are among concerns of the Ruiru community. This report provides an Environmental Management and Monitoring Plan, implementation of which, along with regular monitoring, will help the proponent ensure that negative impacts of the project are adequately mitigated.
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Recommendations
Following the above conclusion, the following recommendations have been made in this report and are summarized as follows: - i. Mitigation measures proposed in the EMMP should form an integral part of decision making during the construction of the project road. ii. Continuous monitoring and consultations with community members should be encouraged and details recorded, and iii. Institution of effective communication, education and awareness towards the project beneficiaries for enhanced acceptability and social harmony need to be encouraged.
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1.0 INTRODUCTION
1.1 Background and Rationale for an Environmental Impact Assessment
The Government of the Republic of Kenya through the Ministry of Lands, Housing and Urban Development, Directorate of Nairobi Metropolitan Development has received funds from the World Bank to rehabilitate the roads within Ruiru Town leading to the railway station. Part of this project is the preparation of an Environmental and Social Impacts Assessment report for this project.
The economic and social developments of Kenya are significantly dependent on efficient and effective road and rail transport infrastructure, which facilitates delivery of agricultural produce, merchandise and commodities to the markets as well as easy access to basic services (health, schools, water, trading centers, and administrative offices etc.) by the people. The benefits of an efficient and effective road transportation are felt at all levels of the society, directly or indirectly, such as to include improved national economy, social income, wealth and job creation, health care, public transportation and general service delivery. Improvement of all these areas is desirable for the current national aspirations including inter-sectoral growth collaborations. Success of Kenya’s Vision 2030 initiative includes a functioning infrastructure, efficient and effective road network forming the key development unit.
The improvement/rehabilitation of existing roads has both positive and negative effects to the physical environment and social well-being of the communities as well as natural habitats. Among the potential negative impacts from road rehabilitation projects could include: air, noise and water pollution from construction activities, risk to health and safety of the residents and employees, demand of construction materials such as water, firewood, gravel and hard stones; potential socio-cultural changes including loss of business, demolition of structures, displacement of human settlement/commercial trading, interference with riders and foot paths, increased traffic, increased potential for road accidents, increased surface run off.
In view of the above observation, environmental and social management needs to be an integral part of the planning and development process of this project, rather than an afterthought, as it facilitates the proponent foresee potential project impacts that can be avoided or mitigated. This can be achieved through conduction of comprehensive Environmental and Social Impact Assessment Study (ESIA) and continues monitoring. The study enables the environmental experts evaluate the current environmental status, opinion of the local communities; and establish the potential social and economic benefits of the project. Appropriate remedy is then integrated in the project design and implementation and the effectiveness of the remedy is managed and monitored with the guidance of the EMMP.
In order to comply with the required regulations in the construction works in Kenya, the proponent contracted Eng Joseph Muchiri, an Environmental Impact/Audit Lead Expert and a Registered Civil Engineer, to undertake the Environment Impact Assessment study for this road. 1
1.2 Detailed Project Description.
1.2.1 General Project Layout Area.
The Ruiru town roads Project is located within Ruiru town in Kiambu Country. . The project is part of the Nairobi Metropolitan Service Improvement Project (NaMSIP) financed by the MONMED and the World Bank. The total road length under the project will be 2.1Km road rehabilitation, construction of storm water drainage, foot paths, and relocation of public services within the road corridor e.g. power lines and existing water pipelines. The Ruiru town roads forms part of the road interlinking between Ruiru Central Business District (CBD) area, the proposed modern railway station at Ruiru town, the distribution of traffic from the Thika super highway, the Northern by-pass and connectivity to the Nairobi County. The second section will cover reconstruction of the road from Ruiru-Kiambu road to the railways station and the construction of the Bus Park, private vehicle parking and a train passengers’ restaurant. All activities resulting in resettlement, demolition and restriction of access, permanent or temporary, will be guided by the project Resettlement Action Plan, which was consulted upon, disclosed and implemented prior to beginning of civil works on site.
Fig. 1.1: Ruiru Roads Layout Plan
1.2.2 Road Section A to D.
Section A to D starts from the junction of Ruiru-Githunguri road near the Assistant County Commissioner offices up to the left turn off at St George Primary school, which is approximately 1.04km. The institutions along this road are County Commissioner offices, Ruiru secondary school, Sub district hospital, Kalimoni Hospital, residential flats, ACK 2
church, and Fathers house church. This is a relatively busy all-weather road. This section will require reconstruction and upgrading of the road surface to tarmac and construction of drainage system.
Fig.1.2: Ruiru Secondary, Residential Houses and Sub-District Hospital
Fig.1.3: Vegetation along the Road section and father-house church
1.2.3 Road Section D to F
Section D to F starts from St. George Primary school up to the junction of the Ruiru – Kiambu road. The institutions along the proposed road are Ruiru Baptist Church, Nairobi Baptist College, former Municipal Council offices, Chiefs Camp and Ruiru Stadium.
F ig. 1.4: Nairobi Baptist College, Municipal county office and junction to Kiambu Road
1.2.4 Road Section E to G
The road section E to G branch from section D-F near the former Municipal Offices up to the Market through Majengo Estate. The stretch is 0.16Km. These sections require total reconstruction of the road and drainages.
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Fig.1.5: Majengo Estate and Market
Fig. 1.6: Boda-boda Operators at Ruiru Market
1.2.5 Road section H-I-J
The section H-I-J starts from main road to Ruiru Town from Thika Super-highway. The section requires total reconstruction and upgrading to tarmac grade through a distance of 0.18km. This section serves the railway station and the parking spaces for railway commuters.
Fig. 1.7: Railway Station at Ruiru Town
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Fig. 1.8: Informal Businesses along Section H-I-J of the Proposed Roads
1.2.6 Road Section I-K-L
The proposed section of the road starts from point I and joins the Ruiru- Kiambu road at point L through a distance of 0.17km. It will serve as the exit from the railway station to decongest the railway entry and exit. Improvement of the station is not part of the project.
Fig. 1.9: Business Operations along Section I-K-L of the Proposed Roads
1.3 Study Objective and Project Justification
1.3.1 Study Objective.
The main objective of this study is to provide the proponent with sufficient information on how the roads to be constructed shall not affect the natural environment and the operation that shall be affected. The Ruiru town roads shall be upgraded to enhance traffic safety and facilitate economic growth and improves the standards of living of the people in Ruiru town. The objective of the study is to assess the project’s environmental and social potential impacts.
1.3.2 Project Justification
In order to improve the economic growth of Ruiru Town, the connectivity to its market, and other road communication infrastructures, there is a need to construct roads within Ruiru Town. These roads are expected to bring significant economic growth of Ruiru Town and its environs as it is expected to bring positive changes to the communities living in Ruiru and the neighboring areas of Kiambu, Juja Town, and Githunguri areas in terms of improving level of commuter transportation with other parts of the Kiambu County, ease of conducting business, access to markets, transport connectivity at the railway station to Nairobi or up country,
5 connection to main medical facilities, major schools and other social facilities that would in turn boast the living standards of the Ruiru town community and the country’s economy at large.
The upgrading of the Ruiru Town roads has been hampered by shortage of resources to reconstruct the roads by the former Ruiru town council. It is suggested that the project road has been prioritized to fill the connectivity gaps, hence reducing constraints and improving transport efficiency.
The foregoing information found in the other sections has shown the need of developing the road with the main objective being to breach the communication and business gap existing in Ruiru town and the central part of the country. The project shall play a major role in opening up the area to new heights of business activities including eco-tourism, industrialization, market diversification financial institutions among others. This shall in turn play a major role in improving the standard living of the people in the area who are adequately urbanized. The development shall also increase access to the essential services such schools and hospitals which will in turn lead to increased literacy levels and reduce mortality rates in the communities.
1. 4 Study Approach and Methodology. 1. 4.1 Overview This study process adopted an integrated approach where data and information evaluation, field investigations, consultations among the team of experts, interviews and discussions with stakeholders and affected parties were undertaken at the same time. The study begun with intensive documentary and literature review of the proposed project documentation, District Development Plans of the Districts, National Development and Economic Survey, Road Design Manuals, regulations and guidelines (Environmental Management and Co-ordination Act and making references to other related statutes and international codes such as the Water Act, Land Act, Building Codes 1968, WHO) and other relevant literature. Physical evaluation of the areas was also carried out with specific focus on the biophysical and socio-economic environments. The sensitive environmental receptors, biodiversity, land use and development trends, hydrology, physiographical features and climatic conditions along the project route were evaluated and analyzed. The social and economic status was also evaluated through organized consultative meetings at the administrative and communal levels in order to collect perceived information on the impacts associated with biophysical and socio-economic dimensions of project implementation. The project engineering team in consultation with the environmental consultants carried out scoping of the TOR for this EIA study. The EIA study team made field visits to the proposed site and conducted desktop study to establish the following:- i. Baseline data which included socio-economic and environmental parameters, ii. Legal Policies, Legislative and Institutional Framework governing the proposed project, iii. Perception of the proposed project from departmental heads in the Counties, division and the local communities, iv. Compatibility of the proposed project with the environment, 6
v. Types of waste to be generated, proposed management and disposal methods, and vi. Potential positive and negative impacts of the project. The study assessed and quantified the possible impacts of the proposed project to the residents in general and other administrative areas that share resources with the project beneficiaries. The potential impacts were identified from the literature review and consultative meetings.
1.4.2 Site Walk Assessment Survey Information gathering was conducted through site walk assessment survey at the project sites and its surrounding areas including households. This involved a systematic field traversing to quantify perceived impacts of project on:- i. Road infrastructure and other facilities which will be used during project implementation; ii. Land conflicts, ownership and usage including evaluation of land availability for deviations during construction iii. Areas of insecurity iv. Strategic location of labor camps v. Institutions and organizations in the area vi. Vegetation cover of the area vii. Existing sensitive environmental receptors including underground and surface waters; animal breeding sites, feeding grounds and routes, and methods of protection from destruction, interference, contamination and extinction viii. Waste management and disposal methods ix. Environmental Health and Safety (EHS) x. Material sources to be used during the project implementation and maintenance phases. xi. Effluent and waste management.
1.4.3 Consultative Forums The Socio-Economic Impact Assessment forums were held at the divisional levels in July 2013. At the location level the meeting was held at the Chief’s office, and Superintendent Roads Officer (SRO). At the communal level, talks were held with the roads officers, the owners of residential houses, water services providers, religious leaders, chiefs, community elders and the public at large. The aim of the consultative meetings was to obtain data related to the past and present operations of the project road that are significant to the future environmental status of the area, the management of the project both during and after implementation. The community members responded positively to the development as long as mitigation and mending up measures like definition of the road boundaries, waste management, and water conflicts among others are developed and implemented simultaneously with the project. The record of the consultations is presented in hard copy of this ESIA report and attached as Appendix 2 in this report.
1.5 Scope and Content of the Project The project assessment involved investigation and analysis of the anticipated environmental and social impacts of the proposed development in line with the EMCA 1999 and its subsequent 7
supplementary legislations that includes the Environmental Impact Assessment and Audit Regulations 2003. Consequently, the study report provides the following: i. Nature of project ii. The location of the project including the physical features that may be affected by the project’s activities. iii. The activities that shall be undertaken during the project construction and operation iv. The materials to be used, products and by-product including waste to be generated by the project and the methods of management and disposal. v. The potential environmental impacts of the project and mitigation measures to be taken during and after the implementation of the project. vi. An action plan for prevention and management of possible accidents during the project cycle vii. A plan to ensure the health and safety of the workers and the neighboring communities viii. The economic and social cultural impacts to local community and the nation in general ix. The project budget x. Any other information that the proponent may be requested to provide by NEMA All these aspects are considered in details in this report which seeks to ensure that all the potential environmental and social impacts are identified and that workable mitigation measures are adopted. The report emphasizes the duties of the proponent and contractor during the construction phase as well as the operation phase of this project.
1.6 Project Cost The project cost is Kshs 111,456,000 (One hundred and eleven million four hundred and fifty six thousand shillings only). The National Environment Management Authority (NEMA) vide Legal Notice (LN) Number 30 published in the Kenya Gazette Issue Number 14, requires project proponent to pay 0.05% of the total project cost to the Authority as EIA license processing fees. Despite the quoted percentage, the Authority has regulated the minimum and maximum amount to be paid for the EIA license at not less than Kshs 10,000 (Ten Thousand Shillings) and not more than Kshs 1,000,000 (One Million Shillings). The proponent will thus be required to pay Kshs 55,728 as EIA processing fee being the maximum allowable fees. The legal notice also permits the project proponent’s to make the payment of the EIA license processing fees in two equal installments. The first installment is paid on submission of the EIA report while the second installment is paid on issuance of the EIA license.
1.7 Duties of the Proponent It will be the duty of the proponent to ensure that all legal requirements as pertaining to the development are met as specified by the law.
1.8 Duties of the Contractor Contractor shall be responsible for the following measures to protect the environment:
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1. Compliance with national and local statutes and regulations relating to protection of the environment. The Contractor will be responsible for familiarizing himself with all existing national and local legislation in this regard 2. All construction activities shall be carried out using the best possible means to reduce environmental pollution such as noise, dust and smoke. All vehicles and plant shall be regularly serviced in accordance with the manufacturer’s recommendations to ensure that they operate efficiently and without excessive noxious emissions. The Resident Engineer will have the authority to instruct the Contractor to temporarily cease operations and/or remove from the site vehicles or plant which do not comply with this requirement, until such time that he is satisfied that best practices to reduce environmental pollution to a minimum are being used 3. The Contractor shall at all times maintain all sites under his control in a clean and tidy condition and shall provide appropriate and adequate facilities for the temporary storage of all waste prior to disposal 4. The Contractor shall be responsible for the safe transportation and disposal of all waste generated as a result of his activities in such a manner as will not give rise to environmental pollution in any form, or hazard to human or animal health. In the event of any third party being employed to dispose of waste, the Contractor shall be considered to have discharged his responsibilities under this clause from the time at which waste leaves sites under his control, providing that he has satisfied himself that the proposed transportation and disposal arrangements are such as will not give rise to pollution or health hazard 5. The Contractor shall be responsible for the provision of adequate sanitary facilities for his workforce, and that of his sub-contractors, at all construction and ancillary sites. The Contractor shall not allow the discharge of any untreated sanitary waste to groundwater or any surface watercourse 6. Prior to the mobilization of the workforce the Contractor shall provide details of proposed sanitary arrangements to the Engineer for approval, such as will allow him to assess whether or not the proposed facilities are adequate and are unlikely to pollute water resources, and also that the facilities will be properly operated and maintained 7. All concrete and asphalt plants shall be operated and maintained in accordance with the original manufacturer’s specifications and manuals, and in such a manner as to minimize emissions of hydrocarbons and particulates. If, in the opinion of the Resident Engineer (RE), the operation of such plant is causing, or is likely to cause nuisance or health problems to site staff or the general public, the Contractor shall carry out such work as is necessary to reduce emissions to an acceptable level within a time-scale agreed with the Engineer 8. The Contractor shall regularly dowse with water all exposed dirt surfaces to reduce dust levels. 9. The Contractor shall rehabilitate any borrow site or quarry prior to completion of the contract works, all to the satisfaction of the Engineer.
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10. The Contractor shall take all reasonable measures, at all sites under his control, to prevent spillage and leakage of materials likely to cause pollution of water resources. Such measures shall include, but not be limited to the provision of bunds around fuel, oil and bitumen storage facilities, and provision of oil and grease traps for servicing and fuelling areas. Prior to construction of such facilities, the Contractor shall submit details of pollution prevention measures to the RE his approval. 11. The Contractor shall be responsible for ensuring that exposed surfaces are re- vegetated as construction progresses, all to the satisfaction of the Engineer 12. The removal of trees shall be kept to the minimum necessary to accommodate the Permanent Works and where removal is a must trees should be replaced using indigenous plant species that can easily adapt to the area 13. Prior to the removal of any trees the Contractor shall inform the RE of the intended operation and obtain the permission of the RE for the removal of the trees. If any tree is removed without permission the Contractor shall replace it with an approved tree at no additional cost to the Employer 14. The Contractor shall ensure that fires, except for controlled fires for burning rubbish, do not start within the Site or in the environs thereto as a result of the works or from the actions of his employees. The burning of waste, such as vehicle tyres causing noxious emissions is prohibited. The Contractor shall have available at all times trained firefighting personnel provided with adequate fire- fighting equipment to deal with all fires. The Contractor shall additionally at all times provide sufficient fire protection and fighting equipment local to parts of the Works which constitute particular fire hazards 15. The contractor in conjunction with line ministries and, organizations such as Ministry of Health, NGOs and Community Based Organization (CBO) should be involved in creating awareness on HIV/AIDS and other STDs in order to play a role in the control of the spread of the infectious diseases 16. The contractor is required to be conversant with chance find procedures (Annex 3 of this report) in case the road works excavations unearth materials that are considered to be of cultural value. Chance find procedures require stopping all works on the site, where the discovery is made until the site is inspected by representatives from the local government and by a representative of the National Museums of Kenya. 17. The contractor shall ensure that the safety of the workers and the community in the project area is safeguarded as required by the Occupational Health and Safety Act and the development partner’s guidelines on Environment, Health and Safety1. This shall include ensuring that the design components and operation procedures minimize exposure of workers and, the general public to risks and, hazards and, ensuring all environmental and social safeguards on air quality,
1 1 World Bank Group: Environmental, Health and Safety Guidelines (Retrieved on October 13, 2013): http://www.ifc.org/wps/wcm/connect/554e8d80488658e4b76af76a6515bb18/Final%2B- %2BGeneral%2BEHS%2BGuidelines.pdf?MOD=AJPERES
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water quality, energy conservation, water conservation, hazardous material management, waste management, noise and land contamination are maintained within the recommended standards. 18. As part of the foregoing, the contractor should ensure that all asphalt batching plants set up follows the environmental standards for air and water pollution control and disposal of construction waste. Occupational health and safety guidelines should be adhered to, with appropriate safety gear provided to all workers. It is advised that the Contractors follows the recommended environmental and safety measures and maintain proper working conditions at construction camps, as per the EMMP, to avoid penalties as stipulated in the countries environmental laws, and such others penalties as shall be defined by the contract.
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CHAPTER 2: POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK
2.1 National Legal and Institution Framework
Kenya has approximately 77 statutes that guides on environmental management and conservation. Most of these statutes are sector specific, covering issues such as public health, soil conservation, protected areas conservation and management, endangered species, public participation, water rights, water quality, air quality, excessive noise control, vibration control, land use among other issues.
The National Environment Management Authority (NEMA) in conjunction with the various lead agencies studies proposed projects to ensure all aspects of the proposed project adheres to all Institutional Frameworks requirements. The institutional framework directly governing road development projects are: Environmental Management and coordination Act (EMCA) of 1999 and its subsequent supplements the Environmental (Impact Assessment and Audit) Regulation, 2003; EMCA (Waste Management) Regulations, 2006 and EMCA (Water Quality) Regulations, 2006; EMCA (Controlled Substance) Regulations, 2007; EMCA (Noise and Vibration Control) Regulations,2009; EMCA (Emissions Control) Regulations,2006; EMCA (Wetlands, River Banks, Lake Shores and Sea Shore Management) Regulations, 2009; EMC(Conservation of Biological Diversity and Resources, Access To Genetic Resources and Benefit Sharing) Regulations,2006, Land Acquisition Act (Cap.295), Land Act Way Leaves Act (Cap. 292), Public Roads and Roads Access Act (Cap. 399), Forest Act, Physical Planning Act (CAP 286), Local Government Act (CAP 265), Traffic Act Chapter 295, Water Act 2002, Public Health Ac (Cap. 242), Lakes and River Act Chapter 409, Wildlife Conservation and Management Act, Cap 376 and the Penal Code (CAP 63) 514
2.1.1 EMCA No. 8 of 1999
This project report has been undertaken in accordance with the section Part VI of EMCA 1999 and its subsidiary legislations. Part II of the Act states that every person is entitled to a clean and healthy environment and has the duty to safeguard the same. In order to achieve the goal of the Act, proposed projects listed under the Second Schedule No. 3 of Act must undergo an Environmental Impact Assessment.
Part V section 42, subsection 1 directs that no person shall among others deposit any substance in a water body if the substance will have adverse environmental effect on the water. According to section 45 of the Act, hilly or mountainous areas are at risk when they are prone to erosion, high rate of vegetation removal or land use activities likely lead to environmental degradation.
Part VIII section 72 of the Act prohibits discharging or applying pollutants materials into aquatic environment. Section 73 requires that all operators of projects which discharge effluent or other pollutants to the environment submit to NEMA accurate information on the quality and quantity of the waste thereof. Materials used in road construction have potential
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of intoxicating both the above and underground water bodies. It is recommended that the project team should meet the requirements of the Act which aims to reduce environmental pollution. The section below reviews the statue that guides the development and management of roads projects to ensure their environment and socio-economic sustainability.
2.1.2 Environmental (Impact Assessment and Audit) Regulations, 2003
These Regulations guides on the procedures of conducting an EIA study by detailing the parameters to be evaluated during the study. It also provides guidelines on the payment of the EIA license fees, conduction of environmental audits and development of project monitoring plans. This EIA study is in compliance with the requirements of the regulation. It is therefore recommended that the subsequent requirements of the Regulations which includes conducting continuous monitoring and annual audits be observed.
It is important to note that the legal EIA license application fee was reviewed from 0.01% to 0.05% vide Legal Notice 30 published in the Kenya Gazette Issue Number 14 and the maximum payable fee is limited to Kshs. 1,000,000 (One million).
2.1.3 EMCA (Waste Management) Regulations, 2006
These Regulations guides on the appropriate waste handling procedures and practices. It is anticipated that, the proposed project will generate large quantity of solid waste during construction which will need to be managed through reuse, recycling or appropriate disposal. It is therefore anticipated that, the amount of materials to be discarded as waste during the project implementation will be minimum. It is recommended that the proponent should put in place measures to ensure that construction materials requirements are carefully budgeted and to ensure that the amount of construction materials left on site after construction is kept minimal. It is further recommended that the proponent should consider the use of recycled or refurbished construction materials including those excavated from existing road. Purchasing and using recovered construction materials will lead to financial savings and reduction of the amount of construction debris disposed of as waste. To comply with the requirements of the regulations the proponent should undertake the following in addition to the above-mentioned recommendations; i. Should not dispose any waste on the highway, street road, recreational area and public places; ii. Segregate waste and group them according to their similarity for example plastics, toxic, organic, etc; iii. Ensure all waste is deposited in a designated dumping are approved by the local authority; iv. All waste handlers engaged by the proponent should be licensed by NEMA and possess all relevant waste handling documents such as waste transport license, tracking documents, license to operate a waste yard, insurance cover, vehicle inspection documents among others; v. Implement cleaner production principles of waste management strategy namely reduce, reuse and recycle; 13
vi. Label all hazardous wastes as specified in section 24 (1-3) of the regulation. vii. The fourth schedule lists wastes considered as hazardous and solvents, emulsifiers/emulsion, waste oil/water and hydrocarbon/water mixtures. Road projects involve use of inputs which are likely to generate the mentioned wastes and thus will need to be handled as required by the regulations.
2.1.4 EMCA (Water Quality) Regulations, 2006
These Regulations provides guidelines on the use and management of water sources; the quality of water for domestic use and irrigation. The proponent will be required to observe the requirements of the Regulations which prohibit anyone to undertake development within a minimum of 6m from the highest ever recorded flood level. The project design team has been advised on the requirements of this regulation and they have incorporated the regulations in the design document.
2.1.5 EMCA (Controlled Substances) Regulations, 2007
These Regulations controls the production, consumption and, exports and imports of controlled substances. Controlled substances are grouped into three lists according to the regulation and the groups are as written below: i. Group 1 list consists of halogenated flouro-chemicals with ozone depleting substances ii. Group 2 list consist of hydro-bromo-flouro carbons with ozone depleting substances iii. Group 3 list consist of bromo-chloromethane with ozone depleting substances Products containing controlled substances include: air conditioners, air coolers, refrigerants, portable fire extinguishers, heat pump equipments, dehumidifiers, insulation boards, panels and pipe covers, pre-polymers etc. It is recommended that this regulation be observed to ensure equipment, machinery, vehicles and chemicals containing such components are not imported for project use.
2.1.6 EMCA (Noise and Vibration Control) Regulation, 2009
These Regulations provides guidelines for acceptable levels of noise and vibration for different environments during the construction and operation phase. 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 and copy of the first schedule indicating the permissible noise levels for different noise sources and zones in found under annex 2 of this report. The project team should observe the noise regimes for the different zones especially when working in areas termed as silent zones which are areas with institutions, worship places. 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 am. to 8.00 pm. while night starts from 8.01 pm. – 6.00 am. Construction sites near the silent zones are allowed maximum noise level of 60 dB (A) during the day and night levels are maintained at 35 dB (A). The time frame for construction sites are adjusted
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and the day is considered to start at 6.01 am and ends at 6.00 pm while night duration from 6.01 pm. to 6.00 am.
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 to conduct an EIA.
It is anticipated that the proposed project will generate excessive noise and/or vibration due demolition of the existing road this noise will originate from the construction equipment, vehicles and the workers since the road neighbors homesteads, institutions in some sections it is therefore recommended that the construction team develop mitigation to reduce noise propagation in the project area.
2.1.7 EMCA (Wetlands, River Banks, Lake Shores and Sea Shore Management) Regulations, 2009
The aim of these Regulations is to ensure conservation and sustainable use of wetlands in Kenya. The regulations provide guidelines on wetland management even for those found on private land. The Regulation indicates that clear guidelines on management of the different types of wetlands found in the country has not been developed thus it is recommended that while working in aquatic environments the relevant Lead Agencies should be consulted to guide on the correct application of the law. Despite that the regulation also recommends use of precautionary principal when working near wetlands in order to conserve them thus existing regulation on wetland management should be applied.
2.1.8 EMCA (Conservation of Biological Diversity and Resources, Access to Genetic Resources and Benefit Sharing) Regulations, 2006.
The Regulations requires proponents to conduct EIA 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.
It is recommended that landscaping programmes should involve use of certified plant species to avoid them from affecting project area negatively in terms of invading wetlands, vegetation and even farmlands.
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2.1.9 EMCA (Fossil Fuel Emission Control) Regulations, 2006
These regulations aim at eliminating or reducing emissions generated by internal combustion engines to acceptable standards. The regulation provides guidelines on use of clean fuels, use of catalysts and inspection procedures for engines and generators. This regulation is triggered as the proponent will use vehicles and equipment that depend on fossil fuel as their source of energy.
It is recommended the requirements of the regulation be implemented in order to eliminate or reduce negative air quality impacts. Copies of sections of the regulation indicating the standards of recommended emission levels are attached to this report under annex 3.
2.1.10 Way Leave Act (Cap 292)
Section 3 of the Act states that the Government may carry any works through, over or under any land whatsoever, provided it shall not interfere with any existing building or structure of an ongoing activity. Notice, however, should be given one month before carrying out any such works (section 4) with full description of the intended works and targeted place for inspection.
Any damages caused by the works would then be compensated to the owner as per this section 8 of the Act states that any person whom without consent causes any building to be newly erected on a way leave, or cause hindrance along the way leave shall be guilty of an offence and any alternations will be done at his/her costs.
2.1.11 Land Acquisition Act (Cap. 295)
The Act provides for the compulsory or otherwise acquisition of land from private ownership for the benefit of the general public. Section 3 of the Act states that when the Minister is satisfied on the need for acquisition, notice will be issued through the Kenya Gazette and copies delivered to all the persons affected. Full compensation for any damage resulting from the entry into land for things such as survey upon necessary authorization will be undertaken in accordance with section 5 of the Act. Likewise where land is acquired compulsorily, full compensation shall be paid promptly to all persons affected in accordance to sections 8 and 10 along the following parameters: i. Area of land acquired ii. The value of property in the opinion of the Commissioner of land (after valuation) iii. Amount of compensation payable iv. Market value of the property v. Damages sustained from severance of the land parcel from the land vi. Damages to other property in the process of acquiring the said land parcel vii. Consequences of changing residence or place of business by land owners viii. Damages from diminution of profits of the land owner
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Part II of the Act allows for the temporary acquisition of land for utilization in promotion of the public good for periods not exceeding 5 years. At the expiry of the period, the Commissioner of Land shall vacate the land and undertake to restore the land to the conditions it was before. Any damages or reduction of value shall be compensated to the land owners.
2.1.12 Public Health Act Cap 232
Part IX section 115 of the Act states that no person or institution shall cause nuisance or condition liable to be injurious or dangerous to human health. Any noxious matter or waste water flowing or discharged into a watercourse is deemed as a nuisance. Section 116 requires that local Authorities take all lawful necessary and reasonable practicable measures to maintain their jurisdiction clean and sanitary to prevent occurrence of nuisance or condition liable to injuries or dangerous to human health. Part XII Section 136 states that all collections of water, sewage, rubbish, refuse and other fluids which permits or facilitate the breeding or multiplication of pests shall be deemed nuisance. The Act addresses matters of sanitation, hygiene and general environmental health and safety which is directly related to road projects and associated activities. It is therefore recommended that measures be taken in accordance to the Act in order to safeguard the health of the workers and the public at large.
2.1.13 Public Roads and Roads of Access Act (Cap. 399)
Section 8 and 9 of the Act provides for the dedication, conservation or alignment of public travel lines including construction of access roads adjacent to lands from the nearest part of a public road. Section 10 and 11 allows for notices to be served on the adjacent land owners seeking permission to construct the respective roads.
2.1.14 Factory and Other Places of Work Act (CAP 514)
The said act requires that before any premises are occupied or used a certificate of registration should be obtained from the chief inspector. The occupier must keep a general register with provision for health, safety and welfare of workers on site. This Act provides guidelines on the safety of workers at the work place and regulates and evaluates working conditions. Factors considered in the Act that requires implementation during project development are:
i. Provision of protective clothing and firefighting equipment to the workers; ii. Provision of clean and sanitary working conditions; iii. Provision of quality and quantity wholesome drinking water; and iv. Protection of moving parts of machine and equipment among other safety measures. For safety fencing of the premise and dangerous parts must be done. v. Provision of statutory covers during construction
The overall objective of the Act is to ensure safety at the work place. It is recommended that the objective of the Act be withheld during the construction and routine maintenance of the
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project to ensure that the health and safety of both the workers and the general public is safeguarded.
2.1.15 Physical planning act, 1999
Section 29 of the said Act semi powers the local Authorities to reserve and maintain all land planned for open spaces, parks, urban forests and green belts. The same section allows for prohibition or control of the use and development of an area.
Section 30 state that any person who carries out development without development permission will be required to restore the land to its original condition. It also states that no other licensing authority shall grant license for commercial or industrial use or occupation of any building without a development permission granted by the respective local Authority.
2.1. 16 Land Adjudication Act Chapter 95
This Act provides for ascertainment of interests prior to land registration under the Registered Land Act
2.1. 17 Water Act 2002
The Act provides guidelines on use and management of the of the water resources in the country. This Act prohibits the pollution of water. Part II, section 3 of this act states that “every water resource is hereby vested in the state, subject to any rights of user granted by or under the Act or any other law”. The Act and its subsequent supplementary namely the Water Regulations of 2007 requires that, any organization/person intending to abstract water for supply to over twenty (20) users to obtain a permit from the Water Resource Management Authority and should form a Water Users Association (WUA). The act further notes that, the issuance of the permit is subject to public consultation as well as an Environmental Impact Assessment.
2.1.18 Local Government Act Chapter 265
The Act also contains provisions empowering local authorities to control discharges. Under section 163 a local authority may control or prohibit activities, both industrial and domestic, which constitutes ‘a source of danger, discomfort or annoyance to the neighborhood’, as an offensive trade or as has been gazetted by the Minister. Section 165 another way of controlling development by empowering the local authority to refuse to license activities on the ground that the treatment method proposed is not adequate.
2.1.19 Work Injury compensation Benefit Act 2007
This Act provides guideline for compensating employees on work related injuries and diseases contacted in the course of employment and for connected purposes. The act includes compulsory insurance for employees. The act defines an employee as any worker on contract of service with employer.
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This Act is triggered by the proposed project thus it is recommended that all workers contracted during the project implementation phase have the required insurance covers so that they can be compensated in case they get injured while working.
2.1.20 Traffic Act Chapter 403
This Act consolidates the law relating to traffic on all public roads. The Act also prohibits encroachment on and damage of roads including land reserved for roads. The project is under the provision of the Act.
2.1.21 Use of Poisonous Substances Act Cap 247
This Act provide for the protection of persons against risks of poisoning by certain substances. The purpose of this Act is to protect persons against risks of poisoning by poisonous substances arising from the use, storage, importation, sale, disposal and/or transport.
2.1.22 Forest Act Cap 385
The Act guides on the establishment, development and sustainable management, including conservation and rational utilization of forest resources for the socio-economic development of the country. The Act also provides guidelines for management and, registration of forests and is supported by the Forests Act of 2005 (No. 7 of 2005) and the Forests (Participation in Sustainable Forest Management) Rules, 2009 Kenya Gazette Supplement No. 754. Section 41 requires the Kenya Forest Service (KFS) to engage community participation in sustainable state forest management. Section 42 gives the types of agreements for community participation which shall be as prescribed under section 42 and listed below: i. a community forest management agreement which shall be issued to a forest association to undertake community forestry activities; and ii. a cultivation-permit which shall be issued to members of a forest association to undertake non-resident cultivation. Section 25 guides on registration of private forests on farms and services provided by the KFS upon registration. it is therefore recommended that project activities should be controlled to avoid interfering with vegetation and animals in the area traversed by the road and to reduce spillover effects to the protected forest areas away from the road.
2.1.23 Malaria Prevention Act (CAP 246)
This Act provides measures to curb the breeding of mosquitoes at development sites. Measures proposed in the act to control the breeding of the vector include maintenance of free drainage channels, removal of stagnant water from any land around an area to prevent larvae breeding, removal of waste and broken bottles among other measures. The proponent is recommended to implement measures to control the malaria disease vectors by implementing the mitigation measure proposed in the regulations.
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2.1.24 Penal Code (CAP 63)
The regulation provides guidelines on protecting the public against ill health and offensive trade activities such as noise and smell among others. The proponent should observe the regulation by mitigating against excessive noise and by controlling pollution of water bodies and land.
2.1.25 Standards Act Cap 496
This Act is implemented by the Kenya Bureau of Standards who provides standards on the requirements of equipment and project materials. Standards regulating security and safety of the public also have to be observed during the design phase of the project. The proponent is required to implement the requirements of this Act especially those on standardization of project inputs and equipment in order to reduce waste and pollution.
2.1.26 The Wildlife Conservation and Management Act, Cap 376
This Act provides for the protection, conservation and management of wildlife in Kenya. The Act deals with areas declared as National Parks, under the Act. The Act controls activities within the park, which may lead to the disturbance of animals. Unauthorized entry, residence, burning, damage to objects of scientific interest, introduction of plants and animals and damage to structure are prohibited. The provisions of this Act should be applied in the management of the project.
2.1.27 The Occupation Safety and Health Act, 2007
This Act applies to all workplaces and workers associated with it; whether temporary or permanent. The main aim of the Act is to safeguard the safety, health and welfare of workers and non-workers. It is recommended that all sections of the Act related to this project, such as provision of protective clothing, clean water, insurance cover be observed so as to protect all from work related injuries or other health hazards.
2.2. National Administrative Framework
2.2.1 The National Environment Council
The National Environmental Council (the Council) is responsible for policy formulation and directions for the purposes of developing the EMCA. The Council also sets national goals and, objectives, and determines policies, and priorities for the protection of the environment.
2.2.2 The National Environment Management Authority
The responsibility of the National Environmental Management Authority (NEMA) is to exercise general supervision and, co-ordination of all matters relating to the environment and to be the principal instrument of government in the implementation of all policies relating to the environment. The Authority shall review the project report for the proposed project, visit the project site to verify information provided in the report and issue an EIA license if it 20
considers that all the issues relevant to the project have identified and mitigation measures to manage them proposed.
2.2.3 The Standards and Enforcement Review Committee
In addition to NEMA, the Act provides for the establishment and enforcement of environmental quality standards to be set by a technical committee of NEMA known as the Standards and Enforcement Review Committee (SERC). NEMA through EMCA has established standards for the various environmental parameters that requires management such the water quality standards, noise and vibration control standards, waste management standards among other standards mentioned in this report. The committee through the compliance and enforcement department found in NEMA, monitors the compliance level of various projects to ensure pollution control standards are implemented. The committee also follows pollution complaints reported by the public.
2.2.4 The Provincial and District Environment Committees
The Provincial and District Environmental Committees contribute to decentralization of activities undertaken by NEMA thus enable local communities have access to environmental management information and also enables the Provincial and District Environment Committees conduct quick site visits and review reports of localized proposed project in time. Since the proposed project traverses through two provinces the review of the report will be done at a National level then trickle down to the provincial level.
2.3 National Policy Framework
Several policies have been developed over the years to guide the development and management of proposed projects to ensure both economic and social sustainability these policies are discussed below.
2.3.1 The National Poverty Eradication Plan (NPEP)
The objective of the NPEP is to reduce the incidences of poverty in both rural and urban areas by 50 percent by the year 2015, as well as to strengthen the capabilities of the poor and vulnerable groups to earn income. It also aims to narrow gender and geographical disparities and create a healthy, better-educated and more productive population. This plan has been prepared in line with the goals and commitments of the World Summit for Social Development (WSSD) of 1995.
The plan focuses on the four WSSD themes of poverty eradication; reduction of unemployment; social integration of the disadvantage people and creation of an enabling economic, political, and cultural environment which can be achieved through developing the transport and communication sector. The plan will be implemented by the Poverty Eradication Commission (PEC) formed in collaboration with Government ministries, Community Based Organization (CBO), private sector, Non-Governmental Organization
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(NGO), bilateral and multilateral donors.
2.3.2 The Poverty Reduction Strategy Paper (PRSP)
The PRSP has the twin objectives of poverty reduction and enhancing economic growth. The paper articulates Kenya’s commitment and approach to fighting poverty; with the basic rationale that the war against poverty cannot be won without the participation of the poor themselves. The proposed project through improving transport in the area will, contribute towards economic growth, as well as relieve the daily pressure of poverty for sustainable number of people by enabling them reach the markets and suppliers on time.
2.3.3 National Environmental Action Plan (NEAP)
The NEAP for Kenya was prepared in mid 1990s. It was a deliberate policy whose main effort is to integrate environmental considerations into the country’s economic and social development.
The integration process was to be achieved through multi-sectoral approach to develop a comprehensive framework to ensure that environmental management and the conservation of natural resources forms an integral part of societal decision-making.
The application of this plan is widening as the government through NEMA does not approve a development project unless the impacts of the proposed project are evaluated and mitigation measures proposed for incorporation in the project’s development plan which is in line with the requirements of the NEAP.
2.3.4 Environmental and Development Policy (Session Paper No.6 1999)
As a follow-up to the foregoing, the goal of this policy is to harmonize environmental and developmental goals to ensure sustainability. The paper provides comprehensive guidelines and strategies for government action regarding environment and development. It is recommended that the requirements of this policy are observed, as much by: i. Taking measures to enhance the water catchment by replanting trees, using clean energy to reduce deforestation; ii. Undertaking environment friendly practices during project implementation; iii. Take measures to reduce pollutants leading to eutrophication of water bodies both above- and underground water bodies; and iv. Rehabilitate project affected areas and public infrastructure among other
2.4 International Policy Framework
Kenya is a signatory as well as a party to various international conventions, treaties and protocols relating to the environment, which aims at achieving sustainable development. According to the Registrar of International Treaties and other Agreements in Environment (UNEP 1999), there are 216 treaties, 29 of which are of interest to Kenya. The country is a signatory to 16 such agreements, which range from use of oil, protection of natural resources 22
and protection of the atmosphere. The agreements are both regional and international and became legally binding on Kenya upon ratification thereof by the rightfully designated Kenyan Authority. The agreements of interest to Kenya can be categorized as those for protecting natural resources, atmosphere and social wellbeing of man.
2.4.1 Protection of Natural Resources
There are 12 agreements of significance to Kenya under this category which the country has signed and ratified. This section reviews a number of policies that are triggered or met by the proposed project:
2.4.1.1 United Nations Convention to Combat Desertification (UNFCCD) of 1994
The convention requires parties to take climate change considerations into account in their relevant social, economic and environmental policies and actions. The proponent has undertaken this EIA with the aim of minimizing adverse effects of the project on the economy, on public health and on the quality of the environment. The requirements of this convention can be mitigate against to reduce impacts on climate change by growing trees suitable for the area to act as carbon sinks along the highway. The community members in the proposed project area depend majorly on wood and kerosene as their source of energy which are known to directly affect the ecosystem in terms of pollution and effects on water catchments. The proponent is advised to enhance the positive impacts of the project through engaging activities that control climate change for example developing tree planting programmes with line ministries and the community members and conserving the catchment through water conservation.
2.4.1.2 Convention on Biological Diversity, 1992
The Convention requires Parties to use EIA effectively to avoid or minimize significant adverse impacts on biodiversity; it introduces Strategic Environmental Assessment (SEA) to assess environmental implications of policies and programmes particularly for those with major implications on natural resource use. The Convention also led to the establishment of Cartagens Protocol on Biosafety 1999 namely “The Cartagena Protocol on Bio-safety to the Convention on Biological Diversity” which was adopted on 29th January 2000 entered into force on the same date. Kenya signed the protocol on 15th May 2000; ratified it on 24th January 2002 and became a party member on 11th September 2003. The protocol is an international treaty governing the movements of Living Modified Organisms (LMOs) resulting from modern biotechnology from one country to another. The proponent is advised to observe the requirements of this regulation if programmes such as landscaping are incorporated and will involve use of plant species some of which can be biotechnology products. The use of LMO can have adverse environmental impacts if the correct material is not used leading to destruction of the micro-ecosystems, food webs and even invasion of farms.
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2.4.1.3 The Convention on Wetlands of International Importance (Ramsar, 1971)
The convention seeks to ensure the wise use of all wetlands and provides stringent guidelines for the conservation of those wetlands listed in the List of Wetlands of International Importance.
2.4.1.4 Kyoto Protocol to the United Nations Framework Convention
The Kyoto Protocol is an international agreement linked to the United Nations Framework Convention on Climate Change. The Clean Development Mechanism (CDM), defined in Article 12 of the Protocol, allows a country with an emission-reduction or emission-limitation commitment under the Kyoto Protocol (Annex B Party) to implement an emission-reduction project in developing countries. Such projects can earn saleable certified emission reduction (CER) credits, each equivalent to one tone of CO2, which can be counted towards meeting Kyoto targets".
2.4.1.5 The World Commission on Environmental and Development (The Brundtland Commission of 1987)
The commission focuses on the environmental aspects related to development and requires all development projects to be sustainable economically, socially and environmentally. The principle of the organization emphasis that development project should not have permanent negative on the biosphere and in particular the ecosystems.
It is recommended that the project proponent incorporate mitigation measures to ensure that the project impacts on the ecosystem in reduced. The consultants used participatory methods to involve the target group and concerned stakeholders in order to inform and enlightened them on the likely negative environment and social impacts in order for them to prepare mitigation measures so as to ensure the proposed project is sustainable throughout its life span.
2.4.1.6 Convention concerning the Protection of World Cultural and Natural Heritage, 1972
The convention requires parties to adopt effective measures that include assessment of the feasible project alternatives to prevent or minimize or compensate for adverse impacts and assess the nature and extent of potential impacts on natural heritage resources, and designing and implementing mitigation plans.
2.4.1.7 Convention on International Trade in Endangered Species (CITES) of Wild Fauna and Flora, 1990
This convention protects forests as habitat for endangered species. The proposed project area has no immediate forest.
2.4.1.8 The Convention of Control of Desertification 24
This convention applies to countries experiencing serious drought and/or desertification, particularly in Africa (UCCD) (1992). This convention requires Parties to promote cooperation among affected parties in the fields of environmental protection and the conservation of land and water resources, as they relate to desertification and drought. The proponent is advised to engage in activities geared towards eradicating drought through developing tree programmes with relevant Ministries/local communities, encouraging clean energy use and water conservation.
2.4.1.9 The Basel Convention
The overall goal of the convention is to protect human health and the environment against the adverse effects resulting from generation, movement and management of hazardous waste. This Convention requires that the Parties exercising their right to prohibit the import of hazardous wastes or other wastes for disposal should inform the other Parties. It also requires the parties to ensure that the trans-boundary movement of hazardous wastes and other wastes is reduced to the minimum levels consistent with sound environmental management of such wastes, and that it is conducted in a manner, which will protect human health and the environment against the adverse effects, which may result from such movement. The proposed project will involve use of solvents, emulsifiers, petroleum products and thus the requirements of the agreement should be observed by not importing or accepting expired inputs.
2.4.1.10 World Bank Environmental and Social Safeguards Policies Like in any project financed by, or with financial participation of, the World Bank, the environmental and social safeguards as defined in the Bank's Operational Procedures (OPs) will be respected for the purposes of this project implementation. WB classifies its projects into four Environmental Assessment categories according to the likely impacts on the environment they will have. This classification is as follows (only main conditions mentioned): (a) Category A: A proposed project is classified as Category A if it is likely to have significant adverse environmental impacts. (b) Category B: A proposed project is classified as Category B if its potential adverse environmental impacts on human populations or environmentally important areas—including wetlands, forests, grasslands, and other natural habitats—are less adverse than those of Category A projects. These impacts are site-specific; few if any of them are irreversible; and in most cases mitigatory measures can be designed more readily than for Category A projects. This particular NaMSIP subproject has been categorized as B. (c) Category C: A proposed project is classified as Category C if it is likely to have minimal or no adverse environmental impacts. Beyond screening, no further EA action is required for a Category C project.
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(d) Category FI: A proposed project is classified as Category FI if it involves investment of Bank funds through a financial intermediary, in subprojects that may result in adverse environmental impacts; this case, in any way, is not applicable to the NaMSIP project. Most of the proposed specific projects are in the areas of water supply, storm water drainage and sewerage, with road upgrading and floodlighting in some of the settlements. All of them will have significant positive effects on the environment and on the living conditions of the residents in these settlements. Adverse effects, if any, will be limited (some minor and temporally limited noise and dust during construction). Only where drainage and sewage is concerned, measures will have to be taken to prevent indirect adverse effects; such effects could be outside of the project sites, i.e. the selected settlements, in the downstream area, to which drainage water and sewage will flow. Such effects can clearly be identified during the screening process and mitigated as described in EMMP. Table 1: Applicability of WB OPs
OP Title Comments 4.01 Environmental Applicable. The project was identified as a Category Assessment B project, as the planned road rehabilitation and other project activities will have localized, small scale impacts, mostly applicable to the construction phase of the project, as described in Section 1.2 4.04 Natural Habitats Not applicable. 4.09 Pest Management Not applicable. 4.10 Indigenous Not applicable. Peoples 4.11 Physical Cultural Not applicable. Site visits and inventories have not Resources indicated the presence of any cultural (historical, archaeological) sites in the sample settlements. However, to manage “chance finds” an appropriate procedure is included in this ESIA (Appendix 3). Such procedure to be followed by contractors during the construction phase. 4.12 Involuntary Applicable. Resettlement of illegally constructed Resettlement businesses and potential restriction of access of residents during construction phase will be managed through as separate Resettlement Action Plan, which will be implemented prior to commencement of works on the site. 4.36 Forests Not applicable. 4.37 Safety of Dams Not applicable.
7.50 Projects on Not applicable. International
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Waterways 7.60 Projects in Not applicable. Disputed Areas
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CHAPTER 3: DESCRIPTION OF THE PROJECT
3.1. Project Description
The works are located within Ruiru town, Ruiru District, Ruiru Constituency within the jurisdiction of Kiambu County. The roads to be constructed starts from Assist County Commissioners office off Ruiru- Githunguri road up to St Georges Primary school and turns left up to Ruiru- Kiambu road. The other portion starts from former Municipal Council offices o the Market through Majengo Estate. The third portion starts from Ruiru – Kiambu road to the railway station and back to the Ruiru- Kiambu road through a proposed outlet road which will decongest the access to the railway station. Other improvements include the railway commuter terminal for passengers, parking bay for vehicles, restaurant and waiting bay. The figure shows the details of the roads and other infrastructures.
D St . George C Primary School
B
A Market G E Stadium
F Main Ruiru – Kiambu H L K I
J
Ruiru Railway
F ig. 3.1 General Layout of the Proposed Roads
3.2 Topography
The project road traverses the town area with permanent buildings and some gentle sloping grounds towards the Thika Highway side. The town area has very gentle slope hence need appropriate storm water drainage system.
3.3 Climate
The project area experiences a highland equatorial type of climate with a mean annual rainfall in the region of about 1200 mm. The main rainfall seasons are March to May and October to December. In between these periods, the area is generally dry with occasional showers. The
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mean annual temperature ranges from minimum of 15°C to a maximum of 29°C. The coolest period is from June to September and the warmest period October to March.
3.4 Scope of Works
3.4.1 General Description of works
The works provided for under this contract consist of rehabilitation of the existing road. The works shall include but not limited to: - i. Site clearance and removal of top soil ii. Earthworks to accommodate a 6m carriageway and 0.5m shoulder on either side of the road to allow for riders path and pedestrian path. iii. Drainage works system to the lower side and provision to join the natural water course. iv. Construction of 150mm cement improved Sub base v. Construction of 125mm cement improved Base vi. Spraying MC 30 as prime coat and K1-60 as tack coat vii. Laying of single surface dressing consisting of 10/14mm pre-coated chippings with 80/100 penetration grade bitumen as binder viii. Traffic Management through the works and from the works ix. Relocation or protection of other services within the road reserve including but not limited to water pipes, power and telephone lines x. Other works ancillary to the main works xi. Maintenance of the works during construction and in the defects liability period.
3.2.2 Existing road condition
The current state of the existing road is not satisfactory as it worn out old tarmac and some section is a weather road, which has not been repaired for years. The sections of the road that have failed are mostly because of irregular road maintenance practices or total lack of maintenance at all by the relevant local authority. The paved areas condition varies greatly in modes of failure and structural integrity. With reference to figure 3.1 above the section A to E (1.45Km) is characterized by completely worn-out murram road and has never been tarmac. The section F-E-G (0.31Km) the road is characterized with worn-out tarmac, potholes and shallow erosion galleries although motorable but with strains. Section H-I-J and I-K-L (0.17Km) is a new section to be constructed.
3.2.3 Storm Water Drainage The drainage systems along the road are either not existing at all or where side drains and culverts exist is poorly maintained. Most inlets and outfalls are overgrown with vegetation or are blocked completely thereby significantly reducing the efficiency of the drainage system. There is need to install additional pipe culverts or new ones at sections where drainage are noticeably poor. The majority of drainage structures along the route are 450mm diameter concrete pipe culverts with broken or no headwalls and wing walls. There is also a need to
29 establish a maintenance schedule with the County Government to ensure regular and timely clean up and repair of these drains.
3.2.5 The Material Sources
The sub-grade soil investigation along the existing road alignment comprised sub-grade soil sampling by means of trail pits, DCP tests and laboratory testing. Trial pits 0.5m x 0.5m in plan were excavated at 1Km interval on alternate side of the carriageway to depths of 1 m. The pits were dug to varying depths from the surface to sub-grade level with six pits dug over the total road length of 2.15km. The vertical profile of the pavement in each trial pit was recorded and representative sub-grade sample taken for laboratory testing.
3.2.6 The Available Infrastructure
The areas served by the project road have mixed land uses. The major developments along the road are several infrastructural buildings including storey building, several water pipelines and power lines with transformers.
3.2.7 The Security situation
The improvement of the road will improve the safety and security situation in the project area. The situation is worse along the road Ruiru – Kiambu road due to lack of streetlights and absence of security personnel. The area where speed bumps will be located shall are prone to carjacking hence need appropriate security lighting.
3.2.8 The Road Furniture
Road furniture and supporting facilities like direction marking, bus stops, signage, and speed control devices are lacking along the roads and will be incorporated in the construction.
3.3 Description of the Project’s Construction Activities
3.3.1. Pre-Construction of the Investigations
The implementation of the project’s design and construction phase will start with thorough investigation of the site biological and physical resources in order to develop a baseline data bank that shall guide in impact monitoring.
3.3.2. Sourcing and Transportation of Building Materials
Building materials will be transported to the project site from their extraction, manufacture, or storage sites using transport trucks. The building materials is proposed be sourced from a borrow pit at Kwa Gitambaya some 2.5km from Ruiru town. However, greater emphasis will be laid on procurement of building materials from sites located closer to the site being worked on; this will make both economic and environmental sense as it will reduce negative impacts of haulage of the materials to the project site through reduced distance of travel by the materials transport vehicles. Excavated materials from the road can be crushed and reused
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as construction material.
3.3.3 Storage of Materials
The building materials such as tarmac, sand, cement and ballast will be stored on site. The bulky materials such as murram, rough stones, ballast, sand and steel should be carefully stores at contractor’s yard and protected from elements of weather in order to avoid wastage due to weather conditions like wind and rain. Chemicals material such as emulsifiers, stabilizers, petroleum products and solvents will also be stored at site.
3.4.4 Excavation and Foundation Works
The project will involve excavation of the existing road foundation to pave way for new development and excavation will also be done at material sites. These activities are normally accompanied with noise, vibration, dust evolution and use of heavy machinery.
3.4.5. Masonry, Concrete Work and Related Activities
The project activities will involve a lot of masonry work and related activities including stone crushing, asphalt mixing by use of both manual and mechanical means. These activities are known to be labor intensive and a source of air pollutants.
3.4.6 Sitting and Development of camp site
The road project will require a campsite for its workers and for storage of machinery and equipment, processing and storage of materials. The camp should be provided with clean and potable drinking water supply and appropriate sanitary facilities.
3.4.7 The Source Water
The reliable source of water will be required for construction. The water for construction shall be sourced from Ruiru River and drinking water shall be sourced from Ruiru-Juja Water Company pipeline.
3.4.8 Landscaping
To improve the aesthetic value or visual quality of the site once construction ceases, the proponent will be required to carry out landscaping this will include establishment of roadside tree planting, backfilling and vegetating of disused quarry sites.
3.5 Description of the Project’s Operational Activities
3.5.1 The Occupancy
A relatively small number of staff will be employed at the project and considering the project size, therefore very few staff will reside at the labor camps that will be developed. The behavior of the staff will be controlled with minimal influence the local community or residence.
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3.5.2 Solid Waste and Waste Water Management
The proposed project shall generate some waste from both the labor camp and the road development site. The Contractor and the Proponent will provide facilities for handling solid waste generated. These will include dust bins/mobile skips for temporarily holding waste within the camp before final disposal at the designated dumping site. Bulky excavated material should be piled at designated collection point before disposal or reuse. Sewage generated from the camp should be discharged into the sewerage system of Ruiru-Juja Water Company that provides waste water treatment service, while storm water from the project area will be channeled into the storm water drainage system or directed to natural water courses with consideration of downstream effects.
3.5.3 The Camp Site Hygiene
The occupants of the camp units will be responsible for regular washing and cleaning of their units and other common or communal areas. Cleaning operations will involve the use of substantial amounts of water, disinfectants and detergents.
3.5.4 General Repairs and Maintenance
The camp, machinery, and equipment will be repaired and maintained regularly during the operational phase of the project. Such activities will include repairs and maintenance of electrical gadgets and equipment, repairs of refrigeration equipment, repairs of leaking water pipes, painting, maintenance and replacement of worn out parts, oil changes among others. Period maintenance of the road will also be undertaken once construction is complete and this will include clearing of roadside vegetation, fixing damaged sections of the road among others.
3.6 Description of the Project’s Decommissioning Activities
3.6.1 Demolition Works
It is anticipated that the proposed project will have a lifespan of several decades save for period maintenance. Upon decommissioning, the project components including the road, buildings, pavements, drainage systems, parking areas and perimeter fence will be demolished. This will produce a lot of solid waste, which will be reused for other construction works or if not reusable, disposed of appropriately by a licensed waste disposal company.
3.6.2 Dismantling of Equipment and Fixtures
All equipment including road surface, electrical installations, furniture partitions, pipe-work and sinks among others will be dismantled and removed from the site on decommissioning of the camp site, the road and other project components. Priority will be given to reuse of these equipment in other projects. This will be achieved through resale of the equipment to other contractors or donation of this equipment to schools, churches and charitable institutions, 32
rehabilitation of feeder roads etc.
3.6.3 Site Restoration
Once all the waste resulting from demolition and dismantling works is removed from the site, the site will be restored through replenishment of the topsoil and re-vegetation using indigenous plant species or developed according to the development trend of the time.
3.6.4 Construction Materials and Energy Used
The main sources of energy that will be required for decommissioning of the project will include electricity and fossil fuels (especially diesel). Electricity will be used for welding, metal cutting/grinding and provision of light. Diesel will run material transport vehicles and construction equipment/machinery such as bulldozers and concrete mixers. The proponent should intend to promote efficient use of materials and energy through proper planning to reduce economic and environmental costs of excavating new materials.
3.6.5 Solid Waste Generated
Large amounts of solid waste will be generated during decommissioning of the project. These will include metal cuttings, rejected materials, surplus materials, surplus spoil, excavated materials, paper bags, empty cartons, empty paint and solvent containers, broken glass among others. The proponent is advised to take steps to minimize the generation of such waste and to ensure proper disposal procedures or recycling/ generated wastes.
3.6.6 Liquid Effluents Generated by the Project
During decommissioning disconnection of pipes and other activities like washing are likely to generate effluents.
3.7 Analysis of Project Alternatives
This section analyses the project alternatives in terms of site, technology scale and waste management options.
3.7.1 No Project Alternative
The No Project option in respect to the proposed project implies that the status quo is maintained. This option will involve several losses both to the local community and the nation as a whole. The community will continue to face the constraints they are currently experiencing due to inefficient transport network and system and the anticipated economic development aimed at fulfilling the Vision 2030 will remain unattainable.
The No Project Option is the least preferred from the socio-economic and partly environmental perspective due to the following factors: i. The economic status of the Kenyans living in this area and other wide users of this road would remain unchanged. 33
ii. The local skills would remain under-utilized as no employment opportunities will be created for hundreds of Kenyans who would have otherwise worked at the project area. iii. Reduced business development due to lack of road infrastructure. iv. Reduced interaction both at local, national and international levels. v. Increased poverty levels and literacy and subsequent increase in crime. 3.7.2 Alternative Construction Materials and Technology
The road will be constructed using modern, locally and internationally accepted materials to achieve public health, safety, security and environmental aesthetic requirements. Equipment and systems that save resources including energy and use of solar systems, water conservation will be given first priority without compromising on cost or availability factors. Rainwater should be harvested and be used in construction activities and supply to labor camp for flushing toilets and other non-domestic activities. Heavy use of timber and wood during construction should be discouraged to minimize destruction of natural resources. The tree exotic species should be preferred to indigenous species in the construction where need will arise as they can be replanted with ease.
Asphalt mixers, crushers and other construction equipment and machineries should be incorporated with pollution control devices like dust arrestors/precipitators, emission control, noise abatement devices and desulfurization devices. The equipment and vehicles should have highest levels of combustion efficiency, capability to use cleaner fuels like bio-diesel and should have enhanced safety features.
3.7.3 Solid Waste Management Alternatives
There will be many solid wastes that will be generated from the proposed project during construction phase. An integrated solid waste management system is recommendable. First, the proponent should give priority to reducing waste at source. This option will demand a solid waste management awareness program for the management, workers and the residents. Secondly, recycling, reuse and composting of the waste will be the second alternative in priority. This will call for a source separation program to be put in place. The waste will be sold to waste buyers within the project area or be collected by a private waste management company.
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CHAPTER 4: PUBLIC PARTICIPATION
4.1 Legal Requirement
Section 17 of the Environmental (Impact Assessment and Audit) Regulations of 2003, requires that all EIA studies incorporate Public Consultation (PC). The aim of the PC is to ensure that all stakeholders interested in a proposed project (including project beneficiaries and the public near the proposed project) are identified and their opinion considered during project planning, design, construction, operation and decommission phase.
4.2 Objectives of Public Consultations
The main objective of the PC was to: i. Inform the local administration (Assist County Commissioner, Chiefs, Assistant Chiefs, Councilors and Village Elders) and the departmental heads in the district about the proposed project; at the same time collect their views. ii. Provide an opportunity for all the stakeholders and communities in the proposed project area to raise issues and concerns pertaining to the project; and iii. Conduct the socio-economic survey.
4.3 Methodology and Data Collection
The field reconnaissance study and detailed surveys for Ruiru Town roads was conducted in early July 2013 with the aim of: i. Collecting baseline data and evaluating the state of the environment. ii. Studying the administrative structure of the district and traverse the road project in order to formulate a data collection method. iii. Conduct introductory meetings at the stakeholders in preparation for the public participation. iv. Gather literature material from the District Offices on the Development Plans and Socio-economic profile v. Assessment of the available social, cultural and economic infrastructure.
The initial field survey was followed with letters written to all stakeholders and selected community members. Among the major stakeholders were the district administration, Ruiru- Juja Water Company, the Ministry of Lands, Housing and Urban Development and the community members. The aim of the letter was to introduce the scope of the project. The site visit to the project was conducted from 23rd July 2013 to 26th July 2013.
The public participation revealed that the socio-economic impacts (positive and negative) of the road project on the communities living along it or the population dependent on it were similar throughout the road’s stretch. All the communities living along the road were optimistic on the benefits of the proposed road improvement project though some negative issues were also raised. 35
The major positive impact perceived by the community members was enhancement of transport thus attraction of business activities in the Ruiru district and Kiambu County. Other positive impacts included increased accessibility to the social and economic facilities such as markets, and hospitals among others.
The consultations identified negative impacts; however all could be mitigated with appropriate management, monitoring and implementation plans drawn during project development and future maintenance. If required, Project Resettlement Action Plan provides measures to handle any due compensation to Project Affected People. Some of the negative impacts raised included: i. Relocation of business premises established on the road reserve. According to the data collected, this action will have to be undertaken with adequate consultation as it might provoke the community members. Despite the fact that the community members conducting business on the road reserves know the land is a road reserve, the stakeholders stated that affected parties should be informed as early as practically possible on the extent of road reserve to avoid surprises and loss of property which might result to disputes. The stakeholders proposed the keeping of clear records on the extent of damage the business premises will suffer due to the relocation ii. Abandonment of disused quarry as this would have safety hazard to them and based on past experiences, the contractors had left open galleys and destroyed lands without rehabilitation thus exposing community members especially children and animals to dangerous sites and increasing food insecurity. iii. Damage of roads leading to material sites-The community members stated that the use of existing access roads serving their localities by the road construction team normally leads to their destruction and according to past experience the road developers normally leaves the damaged access roads without rehabilitation. iv. Inappropriate construction of drainage structures or lack of drainage structures leading to flooding of farms. On this issue community members stated that normally the drainage structures are constructed and directed to one point and many a times to individual farms thus leading to destruction of crops or even flooding the whole area during rainy seasons. They recommended that the drains should be designed and constructed with several outlets so that minimum volume of run-off are directed to the farms so as to reduce water logging or alternatively they should be directed to water bodies. v. Immigration of workers leading to cultural disorientation, eruption of diseases and other ill social vices. The community members stated that labor should be sourced from the locality as much as possible before supplementing with incoming laborers as this shall reduce immigration to the area and the vices associated with it. They added that manual work like excavation, vegetation clearing; stone pitching among others could be done by women, the youth and the male community members. They emphasized the need of employing
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women as they need the resources to run their households. vi. Lack of road supporting infrastructure like bus stages in market places, fly- over, speed bumps, and road marking among others which in turn lead to frequent accidents among others. The community stated such infrastructure should be developed together with the project road. vii. Poor application of technology and management of raw materials especially handling of bitumen leading to air, water and soil pollution. They stated bitumen should not be melted in open public places as the emissions affect them and also damage their farm lands.
4.4 Deduction on Information gathered during Public Participation
The public participation was comprehensively conducted with a wide section of the community members being consulted including the administration, business community, and community member along the road. According to the comments issued by the community members, the need of rehabilitating the road and, improvement of its associated support infrastructure is apparent. The road in its current state hinders the optimal exploitation of potentials areas in terms of business and agricultural productivity and poses a great hazard to the community members due to lack of drainage facilities, safety facilities among others. The consultants noted that the road carriage is adequate for most of the areas it traverse due to the low volume of traffic and recommended in order to make the community understand that with the current volume the road does not necessarily need horizontal alignment sanity and organization has to be brought to road use. It was noted that the main cause of overcrowding on the road in trading centers was due to Kiosk trading encroachment being located too close to the and hawking activities make it worse especially section C-D. It is recommended that kiosks, and hawkers be relocated away from the road. The structures to control from encroachment and enforcement measures needs to be developed to prevent encroachment of the public on the roads.
It is also recommended that speed control features to enhance safety should be designed and developed simultaneously with the road especially at the junctions, black spots, steep areas, near institutions such as schools.
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CHAPTER 5: BASELINE INFORMATION OF THE STUDY AREA.
5.1 Introduction
This part of the report addresses the environmental and social profile of Ruiru District where the project is located. The proposed road rehabilitation/construction is expected to bring changes that are more positive to the residence of Ruiru town in terms of improving level of communication with other parts of the country, ease of conducting business, access to markets, medical facilities, schools and other social facilities.
5.2 Ruiru Constituency
5.2.1 Geographical Location and Size
Ruiru town where the roads will be constructed is situated within Kiambu County. The Ruiru Town is located 28km northwest of central Nairobi, the capital city of Kenya. Ruiru town hosts a sub-county offices and an administrative office of Kiambu County. It is about 40 minutes from Nairobi via a number of routes, including a dual Thika Highway A102 and it has a railway station on the Nanyuki-Nairobi. Transport to the capital and other places are available in form of matatus, minibuses and in the morning and evening occasionally by train. Many institutions have developed in this town, university colleges, and many primary and secondary schools. Recreational facilities and accommodations include Ruiru Resort Hotel, and Safari Park Hotel. It has developed into an industrial town that boasts many factories that range from the metallic to the medical sector.
5.2.2 Topography and Climate
Generally, the area experiences high temperatures throughout the year. Annual rainfall in the district is about 560mm to1630mm. This falls into two rainy seasons but 70% of the rains are received during the long rains. The annual mean temperature ranges from 200C-380C and the district’s altitude range between 1,135m-1600m above sea level.
5.2.3 Population Size and Distribution
After the 1999 census, the town itself had an urban population was 24,100, but the surrounding densely populated rural territory brought the total population to 165,594. Due to its geology and rich soil texture, there is much livestock and crop farming. In 2009 the population had grown to 190,208 people.
5.2.4 Economic Activities and Employment
Ruiru district has four main industries: agriculture, fishing, business and manufacturing, and civil service employment. Agriculture is the main source of income for the majority of the people in the hinterland. Cash crops such as coffee is cultivated, in addition to maize and beans which are grown for food. Other crops that are farming activities on commercial basis include bananas, zero-grazing, poultry farming and pig farming.
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Public sector employment accounts for the largest proportion of the total labor force. Private sector employment in business and manufacturing enterprises and informal sector, have both experienced substantial growth, particularly an increase in the informal transport sector (use of boda-boda taxis). Informal sector activities such as fabrication of small household items and also provide substantial sources of income. Others engage in informal employments and or provide cheap labor in Nairobi County. Unemployment and poverty levels in this area are high, probably owing to its rurally oriented environment. The Nairobi city is fast developing as a major tourist industry with the attractions of Nairobi National park.
5.2.6 Land Use and Tenure
The current major land uses in district are for industrial, agricultural, commercial and residential purposes. Only 75% of total land area of the district is used for agriculture and food production, most of which is subsistence farming with maize and fonder are commonly grown. The land tenure in Ruiru Town is freehold and leasehold basis. The average plot sizes along the neighborhoods are an average plot size of 2-5 acres with title deeds and estates are about a quarter acres which are normally freeholds with titles deeds.
5.2.7 Social Services and Community Facilities
Provision of social services such as community centers, health facilities, educational facilities, housing and social support are the responsibility of the Government of Kenya. However, the Government has not been unable to fulfill this mandate and consequently educational, health and social facilities are provided by private sector.
Housing quality varies across the town like in any other urban centre in Kenya. Housing in the middle and upper class residential areas in Ruiru is characterized by permanent structures made of masonry block walls with iron sheet or tiled roofing. However, the quality of housing is more varied in the low-income areas and informal settlements, these areas tend to contain both traditional and modern houses. Typical housing in the informal settlements consists of a single room and a courtyard with shared facilities.
Most of the existing social facilities lack basic services such as water, sanitation, electricity and solid waste disposal. The situation is particularly grim in the informal settlements where approximately 20% of the population live. Social facilities such as schools are inadequate. Due to the lack of land for public facilities, markets, social halls and recreational centers are very limited or nonexistent; traders use the roadsides to set up businesses and tree shades are used as venues for seminars and meeting groups. Schools in these areas are plagued with several problems including overcrowding, staff and classroom shortages and lack of land for expansion. There are government health facilities in these areas and residents receive health services there.
5.2.8 The Water Supply
The Ruiru-Juja Water Company (RUJUWASCO) is the licensed Water Services Provider in 39
Ruiru and Juja area. However the company is not able to provide water to all the residence of Ruiru and Juja areas therefore there are a number of other small scale independent providers (SSiP). The water services coverage by RUJUWASCO is current at between 40-60% and is mainly concentrated within the built up residential areas. The existing water supply to low- income areas, including the informal settlements is inadequate and does not meet the demand. There is no reliable distribution network and piped water is mostly available through water kiosks.
Fig. 5.1: Water Kiosk near Ruiru Market at Majengo estate
Most of the water connections in these areas are illegal, resulting in major financial losses for RUJUWASCO. Water vendors help in the distribution of the water to the areas away from the water sources. Shallow wells, springs, and boreholes, streams/rivers are alternative water sources. However, most of these sources are of dubious quality and likely to be contaminated.
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CHAPTER 6: POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS
6.1 Introduction
This chapter outlines the potential negative and positive impacts that will be associated with the construction and rehabilitation of the Ruiru roads. The impacts will be related to activities carried out during construction, operational, maintenance, commissioning and decommissioning phases of the project including activities carried out at the labor camps, contractors’ yard and other project development components.
The impacts of the project during each of its life cycle’s stages can be categorized into: impacts on the biophysical environment; health and safety impacts; and socio-economic impacts. For the ease of reference, the impacts due to or affecting certain elements during maintenance works and operation are presented in a narrative form and summarized in a tabular form at the end of the chapter. Mitigation measures for the various impacts are described in Chapter 7, while management and monitoring of impacts are dealt with in Chapter 8.
In general, environmental issues likely to be of concern during the construction phase of the project road include: i. Air pollution due to noise, vibration and dust evolution ; ii. Ecological damage from the clearance of areas for maintenance camps, and storage of materials (fuel, lubricants and machinery); iii. Material sourcing and supply for the construction and maintenance works; and iv. Social disturbance caused by the construction team and maintenance team in future. These impacts shall have a positive or negative bearing and can be direct or indirect. The magnitude of each impact is described in terms of being significant, minor or negligible temporary or permanent, long term or short term specific localized) or widespread, reversible or irreversible. Generally, temporary impacts having no obvious long-term consequences and are regarded as being minor. However, those with long-term repercussions are classified as significant. Significant positive impacts are usually associated with improved access, which forms the prime objective of the road project.
6.2 Anticipated Impacts on Negative Environmental Impacts on the Construction Activities
6.2.1 Extraction and Use of Materials Road construction materials such as hardcore, ballast, rough stone, gravel and water will be required for the construction activities and will be obtained from quarries, rivers and land. Since substantial quantities of these materials will be required for the rehabilitation of the road, the availability and sustainability of such resources at the extraction sites will be negatively affected, as they are not renewable in the short term. In addition, the sites from 41
which the materials will be extracted may be significantly affected in several ways including landscape changes, displacement of people, intrusion into settlement, animals and vegetation, poor visual quality and opening of depressions on the surface leading to destruction of agricultural crops, several human and animal health impacts.
6.2.2 Dust Emissions During construction, the project will generate substantial quantities of dust at the rehabilitation sites along the road, diversions, material site and its surrounding. The sources of dust emissions will include excavation, construction, leveling works, and to a small extent, transport vehicles delivering materials. Emission of large quantities of dust may lead to significant impacts on construction workers and the local residents, which will be accentuated during dry weather conditions such the months of January to March.
6.2.3 Exhaust Emissions The trucks used to transport various building materials from their sources to the project site will contribute to increases in emissions of CO2, NO2 and fine particulates along the way because of diesel combustion. Such emissions can lead to several environmental impacts including global warming and health impacts. Because large quantities of materials are required, some of which shall be sourced outside the districts, emissions released can be enormous and may affect a wider geographical area. The impacts of such emissions can be greater in areas where the materials are sourced and at the construction site as a result of frequent gunning of vehicle engines, frequent vehicle turning and slow vehicle movement in the loading and offloading areas.
6.2.4 Noise and Vibration The construction works, delivery of materials by heavy trucks and the use of machinery/equipment including bulldozers, generators, grinders, mixers, compactors and crushers, drills will contribute high levels of noise and vibration within the construction site and the surrounding area. Elevated noise levels within the site can affect project workers and the residents, passers-by, domestic animals, wildlife and other persons within the vicinity of the project site.
6.2.5 Risks of Accidents and Injuries to Workers Owing to the intensive engineering and construction activities including grinding and cutting, masonry work, among others, construction workers will be exposed to risks of accidents and injuries. Such injuries can result from accidental falls from high elevations, injuries from hand tools and construction equipment cuts from sharp edges of metal sheets, failure and collapse of machines, Injuries and/or fatal death can occur due to attacks by wild animals or bandits. Open ditches, unfinished works and improper storage of materials can lead to accidents to both the public and workers.
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6.2.6 Clearance of Vegetation
Fig. 6.2: Trees along section A to D
There will be little realignment of the project road thus minimum vegetation clearance; however, there are major trees located along the road reserve that will be cut. The cutting of these trees is not believed to affect significantly any fauna, as evidenced during the initial project screening. After the project, there will be efforts to restore the vegetation as well as planting of trees.
6.2.7 Increased Soil Erosion The area has been exposed to massive erosion and structures need to be developed to reduce soil erosion during road construction. Soil erosion leads to sediments loading and silting water sources, reduction in river/stream flows upon abstraction or siltation
6.2.8 Waste Generation Large quantities of solid waste will be generated at the site during construction of the road and related infrastructure. Such waste will consist of excavated materials, vegetation, metal drums, rejected materials, surplus materials, surplus spoils, paper bags, empty cartons, waste oil, and waste bitumen, among others. This may be accentuated by the fact that some of the waste materials contain hazardous substances such as waste oil, solvents, while some of the waste materials including metal cuttings and plastic containers are not biodegradable and can have long-term and cumulative effects on the environment. Stored materials may also generate waste in form of oil spills form storage tanks, filling platforms and transfer tanks.
6.2.9 Increased demand of sanitary facilities Construction workers will require sanitary facilities while working in the field and other withdrawn areas, which, if not set up well, may lead to pollution of the environment.
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6.2.10 Repairs and Maintenance of Vehicles and Machinery A project will have a number of heavy machinery, vehicles and equipments which will require repairs and maintenance including washing. This will lead to spillage of oil during changing and repairs, generation of waste like engine filters, grease, scrap materials, pollution of rivers among others.
6.2.13 Water Use The construction activities will require large quantities of water that is not easily available in the area. Excessive water use may negatively impact on the local water source and its sustainability.
6.2.14 Interference with Business and Daily Activities during Demolition Demolition of structures on the road reserve will lead to interference with business activities and basic earning. Most of these businesses are temporarily where they are active during the day and die by night as early as 9pm especially merchandise. Some kiosks are located too close to the road reserve and have to be relocated although they belong to the poor and low class earners i.e. mama mboga. See the kiosks below at along section H-I and I-K.
Fig.6.3: Hawkers, kiosks and mechanics working along road reserve
6.3 Positive Environmental Impacts of Construction Activities 6.3.1 Increased Security in the area Since security will be beefed up during construction this will reduce the number of invasion by car hijackers targeting slow moving vehicles on areas with large potholes and the even road surfaces.
6.3.2 Creation of Employment Opportunities Several employment opportunities will be created for road construction workers during the construction phase of the project. This will be a significant impact since unemployment is currently quite high in the area and country at large.
6.3.3 Provision of Market for Supply of Materials The project will require supply of large quantities of materials most, of which will be sourced locally in and the surrounding areas. This provides ready market for material suppliers such as quarrying companies, hardware shops, car spares and local individuals with such materials.
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6.3.4 Reduce costs of Road Maintenance Use of gravel to rehabilitate the project road is considered very expensive due to rate of wear of the materials used due to wind, usage, rain among other factors
6.3.5 Improved Drainage and Road Safety If the road is designed and constructed to required standards, the drainage and road safety issues being faced by community shall considerably reduce. Rehabilitation of material sites will increase available land for other uses and reduce negative impacts being experienced due to abandoned sites.
6.3.6 Increased Business Opportunities The road will improve the Social and Economic status of the area by opening up the area to the outside market for export and import of available goods and services. The development shall enhance equity and balance by facilitating the flow of goods and services from the surplus zones to deficit ones and thereby enhancing equitable distribution which will in effect reduce, stabilize and level the prices of goods and services.
6.4 Negative Environmental Impacts of Operational and Maintenance Activities 6.4.1 Immigration of workers Enhanced social interaction with the construction employees, most of whom are likely to come from other parts of the country, with the residents (considering the influence of money) is a potential avenue for transmission of HIV/AIDS and other social infections.
6.4.2 Increased pressure in the area The road will ease movement in the area which shall expose the area to many visitors with vested interest in investment. Increased visitation will lead to increased desire of land by local people and visitors. The road may set precedence for cultural diffusion and imbalance thereby weakening the society social-fabric and interrelationship The road shall also affect political scene negatively where those involved to gain mileage and/to check competitors. The road will shock the local economy by transforming it from subsistence market economy whose control may raise unwarranted competition and clashes among local and foreign entrepreneurs.
6.4.3 Interference with Traffic Flow If road maintenance activities are not well planned and organized it will interfere with traffic flow leading to accidents and other negative impacts related to road development.
6.5 Positive Environmental Impacts of Operational Activities 6.5.1 Provision of markets to local goods The workers living at the camps will provide business to the local traders; provide employment domestic related activities, management agents, caretakers, cleaners, security personnel and technicians.
6.5.2 Revenue to National and Local Governments Through payment of relevant taxes, rates and fees to the government and the local authority, the project, traders and businessmen will contribute towards the national and local revenue earnings. 45
6.5.3 Reduction in poverty Poverty shall be reduced through improved economic performance
6.6 Negative Environmental Impacts of Decommissioning Activities 6.6.1 Solid Waste Demolition of the project including the road, camps, equipments and fixtures at contractors’ yard and related infrastructure will result in large quantities of solid waste. The waste will contain the materials used in construction including concrete, metal, cement, bitumen, oil, sealants and fasteners. Although demolition waste is generally considered as less harmful to the environment since they are composed of inert materials, there is growing evidence that large quantities of such waste may lead to release of certain hazardous chemicals into the environment. In addition, even the generally non-toxic chemicals such as chloride, sodium, sulphate and ammonia, which may be released because of leaching of demolition waste, are known to lead to degradation of groundwater quality.
6.6.2 Dust Large quantities of dust will be generated during demolition works. This will affect demolition project staff as well as the neighboring residents.
6.6.3 Interference with road users Decommissioning will interfere with road users due to diversion and off the road drives.
6.6.4 Noise and Vibration The demolition works will lead to significant deterioration of the acoustic environment within the project site and the surrounding areas
6.6.5 Increased waste water Demolition of supply lines will lead to increased wastewater and interference with other community members.
6.7 Positive Environmental Impacts of Decommissioning Activities 6.7.1 Rehabilitation Upon decommissioning the project, rehabilitation of the project site will be carried out to restore the site to its original status. This will include replacement of topsoil and re-vegetation that will lead to improved environmental status including visual quality of the area.
6.7.2 Employment Opportunities Several employment opportunities will be created for demolition staff.
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CHAPTER 7: IMPACTS MITIGATION AND MONITORING
7.1 Introduction Chapter 7 highlights the necessary mitigation measures that will be adopted to prevent or minimize significant negative environmental, health and safety impacts associated with the activities of the project during its construction, operation and decommissioning phases. Allocation of responsibilities, period and estimated costs for implementation of these measures are presented in the environmental management program (EMMP) in Chapter 9.
7.2. Mitigation of Construction Phase Impacts 7.2.1. Efficient sourcing and Use of Raw Materials The proponent will source building materials such as gravel, sand, ballast and hard core at the project locality. Consultation should be held with the community members and their representatives on the best sites to source materials and rehabilitation measures should be agreed. Sites to be selected should have minimum negative impacts on access to water points. It is recommended Environmental Impact Monitoring should be conducted for such activities or in consultation with County Director to ensure environmental conservation and rehabilitation after use. The contractor should ensure application of acceptable environmental performance standards and that the negative impacts of their activities at the extraction sites are considerably well mitigated.
To reduce the negative impacts on availability and to ensure sustainability of the materials, the proponent should only extract what will be required through accurate budgeting and estimation of actual construction requirements. This shall ensure that materials are not extracted or purchased in excessive quantities. Moreover, the proponent will ensure that wastage, damage or loss (through run-off, wind, etc) of materials at the construction site is kept minimal, as these would lead to additional demand for and extraction or purchase of the materials.
In addition to the above measures, the proponent should consider reuse of excavated materials and use of recycled materials. This will lead to reduction in the amount of raw materials extracted from natural resources as well as reducing impacts at the extraction sites. All exhausted quarries and borrow pits should be isolated, protected and rehabilitated to usable state before the contract closure.
7.2.2. Minimization of Vegetation Disturbance Clearance of part of the vegetation at the project site to pave way for road construction will take place in some sections requiring realignment. However, the proponent should ensure proper demarcation of the project area to be affected by the construction works so as to reduce spillover effects to neighboring areas. In the same vein, there should be strict control of construction vehicles to ensure that they operate only within the area allocated with access routes and other works; deviation works should be confined close to the road or within reserves to avoid spread of vegetation destruction; avoid naturally flooded areas; replace vegetation on the reserve upon completion of construction.
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7.2.3. Minimization of Run-off and Soil Erosion The proponent should put in place measures aimed at minimizing run-off and spillover effects to neighboring land during rainy season or when wet activities are being conducted on the site. These measures will include clearing the project site of excavated materials or protect excavated sections from storm water, avoid excavation through flood plains or into stream banks, creating proper channels for waste water and solid waste disposal, develop emergency measures and procedures for protection of soils and streams downstream, design adequate culverts to accommodate peak flows; stabilize cut-surfaces with gabions, concrete walls, vegetation etc; identify locations with sub-surface water streams before cutting, direct all surface runoff into existing natural drains and stabilize the drains downstream, culverts and drains to accommodate peak runoff from the catchments, excavations should not encroach onto streams, flood plains, stream banks or springs
7.2.4. Minimization of Construction Waste It is recommended that construction waste be recycled or reused to ensure that materials that would otherwise be disposed of as waste are diverted for productive uses. In this regard, the proponent should be committed to ensuring that construction materials left over at the end of construction is used in the same or other project rather than being disposed of. In addition, damaged or wasted construction materials including gravels, bitumen and waste oil among others will be recovered for use in other projects. Such measures will involve the sale or donation of such recyclable/reusable materials to construction companies, local community groups, institutions and individual residents or homeowners.
The proponent should put in place measures to ensure that construction materials requirements are carefully budgeted and to ensure that the amount of construction materials left on site after construction is kept minimal. It is further recommended that the proponent should consider the use of recycled or refurbished construction materials including of those excavated from existing road. Purchasing and using once-used or recovered construction materials will lead to financial savings and reduction of the amount of construction debris disposed of as waste. Additional recommendations for minimization of solid waste during construction of the project include:- i. Use of durable, long- lasting materials and equipments that will not need to be replaced as often, thereby reducing the amount of construction waste generated over time ii. Provision of facilities for proper handling and storage of construction materials to reduce the amount of waste caused by damage or exposure to the elements of weather iii. Purchase of perishable construction materials such as cement incrementally to ensure reduced spoilage of unused materials iv. Use of construction materials that have minimal packaging to avoid the generation of excessive packaging waste v. Use of construction materials containing recycled content when possible and in accordance with accepted standards.
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7.2.5. Reduction of Dust Generation and Emission Dust emission during construction should be minimized through strict enforcement of onsite speed controls as well as limiting unnecessary traffic within the project site. In addition, it is recommended that some dust generating activities be carried out in wet weather; and non- tarmac paved traffic routes within and without the project site be dowse with water regularly to reduce amount of dust generated by the construction trucks. The workers to be provided with nose masks to protect them against dust effects.
7.2.6. Minimization of Exhaust Emissions This shall be achieved through proper planning of transportation of materials to ensure that vehicle fills are increased within axle weight limits in order to reduce the number of trips or the number of vehicles on the road. In addition, truck drivers will be sensitized to avoid unnecessary racing of vehicle engines at loading/offloading areas, and to switch off or keep vehicle engines off at these points.
It is recommended apart from the management procedures on the impact, cleaner production mechanism and pollution abatement technological devices need to be installed in the road construction equipments and machinery. The devices need to be checked on their efficiency in combustion, capability to use cleaner fuels and installed with emission control devices. Quality control of ambient air should be conducted to ensure conformance with existing standards.
7.2.7. Minimization of Noise and Vibration Noise and vibration should be minimized in the project site and surrounding areas through sensitization of construction truck drivers to switch off vehicle engines while offloading materials. In addition, they should be instructed to avoid gunning of vehicle engines or hooting especially when passing through sensitive areas such as churches, residential areas and hospitals. Construction machinery shall be kept in good condition to reduce noise generation. It is recommended that all generators and heavy duty equipment be insulated or placed in enclosures to minimize ambient noise levels. The construction activities should be conducted during the day when working near residential areas and excavation to be undertaken with ordinary earth movers with no explosive blasting being applied.
The construction activities should also be conducted within the normal working hours, established in consultation with the local authorities (e.g. 7am to 6pm).
7.2.8. Occupational Health and Safety The proponent should ensure adherence to the occupational health and safety rules and regulations stipulated in Occupational Health and Safety Act (Cap 513). In this regard, the proponent should be committed to provision of security, insurance of both personnel and equipment, train and develop capacity especially for inexperienced laborers/workers or newly purchased equipments, compensate for losses and injuries, provide appropriate personal protective equipment, as well as ensuring a safe and healthy environment for construction workers as outlined in the EMP.
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Other critical practices to ensure and enhance safety are: evaluation of risks, inform community members along project route on project schedule and activities, workers should be trained on health and safety procedures, reflective signage should be installed for safety of road users, keep public away from material sites. Initiative should be taken to conduct public awareness and sensitization campaign on safety aspects related to the road project.
7.2.9. Minimization of Water Use and Pollution of Water Causes The proponent shall ensure that water is used efficiently at the site by sensitizing construction staff to avoid irresponsible water usage. No solid waste, fuels/oil should be discharged into drains and streams. Avoid washing construction equipment and trucks in water resources.
7.2.10. Provision of Sanitary Facilities The proponent should ensure that gender-specific sufficient water and portable toilets are provided to construction workers throughout the project period. The disposal site for the effluent should be identified and approved by the Contractor’s Environmental Officer and local authority.
7.2.11. Development of the Garages and Waste Oil Handling Facilities The proponent should develop vehicle and equipment repair section equipped with proper waste oil handling and recovery facilities including water/oil separator, dust bins, etc.
7.2.12. Rehabilitating and Mending up activates All material excavated sites should be rehabilitated or put in positive use to benefit the community. The disused quarries can be used as water pans or converted to parks among other function.
7.2.13. Waste Water and Effluent Management The contractor should develop appropriate measures to ensure all waste water is treated, handled and disposed appropriately to avoid contamination of water bodies (both open and underground), soils and farm lands. Measures like development of garages for repairs, management of waste oil, development of car washing facilities, oil spills management among others should be incorporated in the project.
7.2.14. Minimization of Accidents along the Road It was noted that accidents along the project road are high especially in the busy town areas and the market/trading centers. It is therefore recommended that all safety components indicated in the design drawings be implemented and where they are found not to be adequate they should be received by the Resident Engineer and the contractor to ensure they reduce road use related risks. The key design related safety measures to be considered include speed breakers, paths for pedestrians, motorized two wheel transports and non-motorized two wheel transport.
7.2.15 Continuous Monitoring and Consultation The proponent should develop a methodology of continuous monitoring, consultation and record keeping. The methodology should have indicators of change and progress which shall be recorded for future references. The monitoring reports should be circulated to relevant organizations such as NEMA as required by the law. 50
7.3. Mitigation of Operation Phase Impacts 7.3.1. Social Impact Immigration of workers should be minimized through employment of locals. Local capacity building should be conducted to prepare them for more technically complicated assignment. Reduce sizes of labor camp by allowing locals to live at their homes if possible. To reduce vices induced by immigrating laborers, avoid setting up camp sites near trading centers as this normally increases incidence of illicit behavior.
Community members should be encouraged to report any ill vices and eye soaring behaviors to the local cultural or community development officers. Sensitize workers on HIV/AIDS and develop Information Education and Communication (IEC) programmes on the projects social impacts including HIV/AIDS and train community members to conduct awareness and training programmes in the project area with the help of the project team. Programmes should include: i. Provision of counseling and testing for HIV/AIDS to incoming construction personnel; ii. Strengthening of advocacy through awareness training of the construction staff and communities adjacent to the project in HIV/AIDS and other STDs; including encouraging the use of preventive measures like condoms and iii. Avail condom dispensers to construction staff
7.3.2. Ensuring Efficient Solid Waste Management The proponent will be responsible for efficient management of solid waste generated by the project during its operation. In this regard, the proponent should provide waste handling facilities such as waste bins and skips for temporarily holding of domestic waste generated at the site. In addition, the proponent will ensure that the waste is disposed off regularly and appropriately. It is recommended that the proponent put in place measures to ensure that the occupants of the labor camps manage their waste efficiently through recycling, reuse and proper disposal procedures. The proponent will have to secure an arrangement with local SWM facilities for regular pick up of the waste from construction site.
7.3.3. Ensure Efficient Water Use The proponent should install water-conserving automatic taps and toilets flashing system. Moreover, any water leaks through damaged pipes and faulty taps should be fixed promptly by qualified staff. In addition, the occupants of the camps should be sensitized to use water efficiently. The proponent should ensure that there are adequate means for handling the wastewater and any domestic sewerage generated at the labor camp. Rainwater collection is encouraged at construction camp and other public project facilities.
7.3.4. Environmental Pollution and Contamination All measures should be put in place to avoid environmental pollution and contamination. Oil spillage management measures should be put in place including use of bio-diesel or manual water pumps at water courses; materials should be covered to avoid pollution caused by elements of weather such as wind, rain etc; enclose asphalt preparation plants and materials transfer facilities, smoking equipments and trucks should be installed with pollution control 51
devices including filters, catalysts etc; control leakages during maintenance, fuelling and cleaning of vehicles and construction equipment; noisy equipments should be installed with silencers or demarcated to facilitate control noise propagation; proper drainage and erosion structures should be developed to reduce effects of erosions; contaminated soils should be stabilized before disposal, control dumping of oil residuals, asphalt, and engine parts; hold top soils from material sites for rehabilitation; stabilize cut sections, and fills.
Professional handling of pollution point sources along the route is necessary and decommission of the potential point sources of pollution along the route is also necessary. Ensure culverts are kept clear at all times and channeled into natural drains, control soil loss from road corridor through storm water flows, introduce appropriate vegetation in the project area and compel road users to take responsibility of their own pollutants through collaboration with relevant authorities.
7.3.5. Health and Safety The local community are not used to having high speed lanes and extra precaution needs to be taken to ensure safety in the area by installing adequate road signage, marked speed breakers at points with high population density, provide clear “zebra crossing” marks at high population areas, collaborate with other departments on enforcement of road safety regulations and on HIV/AIDS awareness programme.
7.3.6. Social and Economic Impacts Establish in-house self-audit for the road and install and maintain appropriate road safety furniture for enhanced safety, sensitize residents on road reserve boundaries, initiate a continuous economic evaluation of the road and strengthen social linkages and family kinship.
7.3.7. Road Drainage Road drainage structures such as culverts, drainage system, bridges, road surface damages, reserve encroachment and flood control structures should be developed simultaneously with the project road and continuous management carried out during maintenance and operation to ensure safety on the road is maintained. During maintenance motorists should be alert on any repair works within adequate distance, give clear information to motorists of any partial or full road blockage during repair works, replace damaged road signage and other safety installations on time, ensure drains and crossing are kept clear to avoid flooding, establish alternative traffic plans at blocked sections of the roads, monitor encroachment to the road reserves, involve riparian landowners in maintenance of adjacent road sections.
7.4. Mitigation of Decommissioning Phase Impacts 7.4.1. Efficient Solid Waste Management Solid waste resulting from demolition or dismantling works will be managed as described in Section 8.2.4.
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7.4.2. Reduction of Dust Concentration High levels of dust concentration resulting from demolition or dismantling works will be minimized as described in Section 7.2.5.
7.4.3. Minimization of Noise and Vibration Significant impacts on the acoustic environment will be mitigated as described in Section 7.2.7.
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CHAPTER 8: ENVIRONMENTAL MANAGEMENT & MONITORING PLAN
8.1 Introduction
The proposed project activities shall have impacts on the biophysical environment, health and safety of its employees and members of the public and socio economic well-being of the local residents; thus, focus should be on reducing the negative impacts and maximizing the positive impacts associated with the project this activities through a program of continuous management, monitoring and improvement.
An Environmental Management and Monitoring Plan has been developed to assist the proponent and the project management team in mitigating and managing environmental impacts associated with the life cycle of the project. The EMMP has been developed to provide a basis for an Environmental Management System (EMS - ISO 14001 principles) for the project. It is noteworthy that key factors and processes may change through the life of the project and considerable provisions have been made for dynamism and flexibility of the EMMP. As such, the EMMP will be subject to a regular regime of periodic review by the project proponent.
Tables 8.2, 8.3 and 8.4 form the core of this EMMP for the construction, operational and decommissioning phases of the road development project. In general, the Tables outline the potential safety, health and environmental risks associated with the project and detail all the necessary mitigation measures, their financial costs, as well as the persons responsible for their implementation and monitoring. The EMMP will be used as checklist in future environmental audits.
8.2 Construction and Operational Phase EMMP
The necessary objectives, activities, mitigation measures, and allocation of costs and responsibilities pertaining to prevention, minimization and monitoring of significant negative impacts and maximization of positive impacts associated with the construction and operational phases of the road development project are outlined in Table 8.2 below.
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Table 8.1 Environmental Monitoring and Management Plan for the construction phase
Expected Negative Recommended Mitigation Measures Responsible Time Frame Cost (Kshs) Impacts Party 1. High demand of 1. Source construction materials from closer to the project site Contractor, Throughout 20,000 per raw material to reduce impacts due to long distance haulage. RE and construction period month DONMED , EO 2. Ensure accurate budgeting and estimation of actual Contractor, Throughout construction material requirements to ensure that the least RE and construction period amount of material necessary. DONMED , EO 3. Ensure that damage or loss of materials at the construction Contractor, RE, Throughout site is kept at minimal through proper storage. DONMED construction period 4. Use at least 10% recycled refurbished or salvaged materials Contractor, RE, Throughout to reduce the use of raw materials and divert material from DONMED construction period landfills and disposal sites especially use of excavated materials at 5% as base material 5. Ensure exhaustion of work at one site and its rehabilitated or Contractor, RE, Throughout conversion to positive use before moving to another DONMED construction period 6. Hold top soils and vegetation matter near quarries for Contractor, RE, Throughout Backfilling DONMED construction period 7. Continuous consultative meetings with stakeholders Contractor, RE, Throughout DONMED construction period 2. Vegetation and 1. Avoid disturbance of areas not be used for project Contractor, RE, 2 months Ksh.100,000 Animal disturbance development; design and implement an appropriate DONMED, EO, landscaping programme to help in vegetating part of the Landscape project area after construction. specialist 2. Minimize cutting down of trees and especially indigenous to Contractor, RE, Throughout pave way for the road widening as much as possible. DONMED, EO, construction period
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Expected Negative Recommended Mitigation Measures Responsible Time Frame Cost (Kshs) Impacts Party 2. Vegetation and 3. Surface runoff and water should be harvested and stored in Contractor, RE, 2 months Animal disturbance open /underground reservoir for reuse. DONMED ,
3. Increased storm 1. A storm water management plan that minimizes impervious Contractor, RE, 1 months 1,000 per water, runoff and soil area infiltration by use of recharge areas and use of detention DONMED, EO unit erosion and/or retention with graduated outlet control structure is recommended. 2. Site excavation works to be planned such that a section is Contractor, RE, Throughout 1,000 per completed and rehabilitated before another section begins. DONMED, EO construction period unit 4. Increased solid 1. Use of an integrated solid waste management system i.e. Contractor, RE, One-off Nil waste generation through a hierarchy of options: 1. Source reduction 2. DONMED, EO Recycling 3.Composting and reuse 4. Combustion 5. Sanitary land filling. 2. Through accurate estimation of the sizes and quantities of Contractor, RE, One-off Nil materials required, order materials in the sizes and quantities DONMED, EO they will be needed, rather than cutting them to size, or having large quantities of residual materials. Maintain inventory of types and quantity of waste generated 3. Ensure that construction materials left over at the end of Contractor, RE, One-off 2,000 construction will be used in other projects rather than being DONMED, EO disposed of. 3. Ensure that damaged or wasted construction materials will Contractor, RE, One-off Nil be recovered use in other projects DONMED, EO
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Expected Negative Recommended Mitigation Measures Responsible Time Frame Cost (Kshs) Impacts Party 4. Increased solid 6. Use of durable, long-lasting materials that will not need to Contractor, RE, Throughout Nil waste generation be replaced as often, thereby reducing the amount of DONMED, EO construction period construction waste generated over time 7.Provide facilities for proper handling and storage of Contractor, RE, Throughout 10,000 construction materials to reduce the amount of waste caused by DONMED, EO construction period damage or exposure to the elements of weather like wind, rain 8. Purchase of perishable construction materials such as Contractor, RE, Throughout Nil cement should be done incrementally to ensure reduced DONMED, EO construction period spoilage of unused materials 9. Use building materials that have minimal or no packaging to Contractor, RE, Throughout Nil avoid the generation of excessive packaging waste DONMED, EO construction period 10. Use construction materials containing recycled content Contractor, RE, Throughout Nil when possible and in accordance with accepted standards. DONMED, EO construction period 11. Reuse packaging materials such as oil drums, cement bags, Contractor, RE, Throughout Nil empty plastic containers to reduce waste at the site DONMED, EO construction period 12. Dispose waste more responsibly by dumping at designated Contractor, RE, Throughout
dumping sites or landfills only. DONMED, EO construction period 13. Waste collection bins to be provided at designated points Contractor, RE, Throughout 2,000/month on site DONMED , EO construction period 14. NEMA registered waste disposal company to be contracted Contractor, RE, Throughout to transport and dispose the solid waste from site DONMED , EO construction period 15. Running an educational campaigns amongst workers, e.g. Contractor, RE, Throughout through use of posters, to encourage reuse or recycling of the DONMED construction period solid waste
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Expected Negative Recommended Mitigation Measures Responsible Time Frame Cost (Kshs) Impacts Party 5. Exhaust emission 1. Vehicle idling time shall be minimized Contractor, RE, Throughout 0 DONMED construction period 2. Alternatively fuelled construction equipment shall be used Contractor, RE, Throughout 0 only when applicable DONMED construction period 3. Install emission control devices in machines or purchase Contractor, RE, Throughout 0 machines with such devices DONMED , construction period 4. Sensitize truck drivers to avoid unnecessary racing of Contractor, RE, Throughout 0 vehicle engines at loading/offloading points and parking areas, DONMED , construction period and to switch off or keep vehicle engines at these points 6. Noise and vibration 1. Sensitize construction vehicle drivers and machinery Contractor, RE, Throughout 10,000 per operators to switch off engines of vehicles or machinery not DONMED construction period month being used. 2. Sensitize construction drivers to avoid gunning of vehicle Contractor, RE, Throughout engines or hooting especially when passing through sensitive DONMED , construction period areas such as mosques, schools, residential areas and hospitals 3. Ensure that construction machinery are kept in good Contractor, RE, Throughout condition to reduce noise generation DONMED construction period 7. Increased energy 1. Ensure electrical equipment, appliances and lights are Contractor, RE, Throughout 0 consumption switched off when not being used DONMED , construction period 2. Install energy saving fluorescent tubes at all lighting points Contractor, RE, Throughout 100,000 instead of bulbs which consume higher electric energy DONMED , construction period 3. Ensure planning of transportation of materials to ensure that Contractor, RE, Throughout 5,000 per fossil fuels (diesel, petrol) are not consumed in excessive DONMED construction period month amounts 4. Monitor energy use during construction and set targets for Contractor, RE, Throughout reduction of energy use. DONMED construction period
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Expected Negative Recommended Mitigation Measures Responsible Time Frame Cost (Kshs) Impacts Party 8. High Water 1. Drill boreholes to get adequate water for development Contractor, RE, Throughout 1M per unit Demand DONMED construction period 2. Harness rainwater for construction and domestic use to Contractor, RE, Throughout 10,000 per avoid conflicts with communities DONMED construction period unit . Install water conserving taps that turn-off automatically when Contractor, RE, One-off 10-30 % water is not being used DONMED higher than price of ordinary taps 4. Promote recycling and reuse of water as much as possible Contractor, RE, Throughout 2,000 DONMED construction period 5. Install a discharge meter at water outlets to determine and Contractor, RE, One-off 2,000 monitor total water usage DONMED ,
6. Promptly detect and repair water pipe and tank leaks Contractor, RE, Throughout 1,000 per DONMED construction period month 7. Sensitize staff to conserve water by avoiding unnecessary RE, Throughout 1,000 toilet flushing etc. DONMED construction period 8. Ensure taps are not running when not in use Contractor, RE, Throughout 1,000 DONMED construction Period 9.Generation of 1. Provide means for handling sewage generated by Contractor, RE, One-off 50,000 per wastewater construction workers DONMED month
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Expected Negative Recommended Mitigation Measures Responsible Time Frame Cost (Kshs) Impacts Party 9.Generation of 2. Conduct regular checks for sewage pipe blockages or Contractor, RE, Throughout 5,000/month wastewater damages since such vices can lead to release of the effluent DONMED construction period into the land and water bodies 3. Monitor effluent quality regularly to ensure that the Contractor, RE, Throughout 2,000/month stipulated discharge rules and standards are not violated DONMED construction period 4. Ensure no effluent is deposited into the river and other open Contractor, RE, Throughout 2,000/month water bodies within/without the project area DONMED construction period 10. Occupational 1. Ensure that all plans and equipment to be used are approved Contractor, RE, One-off 5,000 health and safety risks by the relevant authority and the local Occupational Health and DONMED , Safety Office 2. Registration of the premises under the Factories and Other Contractor, RE, One-off 5,000 Places of Work Act Cap 513, Laws of Kenya is mandatory DONMED 3. A general register should be kept within the facility as Contractor, RE, One-off 1,000 stipulated in Sec 62 (1) of the Factories and Other Places of DONMED , Work Act. 4. The abstract of the Factories and Other Places of Work Act Contractor, RE, One-off 2,000 must be displayed at prominent places within the site DONMED 11. Incidents, 1. Ensure that provisions for reporting incidents, accidents and Contractor, RE, Continuous 500/month accidents and dangerous occurrences during construction using prescribed DONMED dangerous forms obtainable from the local Occupational Health and occurrences. Safety Office (OHSO) are in place. 2. Enforcing adherence to safety procedures and preparing Contractor, RE, Continuous 50,000 contingency plan for accident response in addition safety DONMED education and training shall be emphasized.
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Expected Negative Recommended Mitigation Measures Responsible Time Frame Cost (Kshs) Impacts Party 11. Incidents, 3. Ensure that the vehicles, equipments and premises are Contractor, RE, Annually 7.5%of accidents and insured as per statutory requirements (third party and DONMED Vehicle value dangerous workman’s compensation) occurrences. 4.Develop, document and display prominently an appropriate Contractor, RE, One-off 1,000 SHE policy for construction works DONMED 5. Provisions must be put in place for the formation of a Health Contractor, RE, One-off 1,000 and Safety Committee, in which the employer and the workers DONMED , are represented 6. Suitable, efficient, clean, well-lit and adequate sanitary Contractor, RE, One-off 20,000 conveniences should be provided for construction workers DONMED 12.Machinery/ 1. Arrangements must be in place for the medical examination Contractor, RE, Continuous 500 per equipment safety of all construction employees before, during and after DONMED , EHSO examination termination of employment 2. Ensure that machinery, equipment, personal protective Contractor, RE, One-off _ equipment, appliances and hand tools used in construction do DONMED , EHSO comply with the prescribed safety and health standards and be appropriately installed maintained and safeguarded 3. Ensure that equipment and work tasks are adapted to fit Contractor, RE, Continuous - workers and their ability including protection against mental DONMED , EHSO strain 4. All machines and other moving parts of equipment must be Contractor, RE, Continuous - enclosed or guarded to protect all workers from injury DONMED , EHSO
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Expected Negative Recommended Mitigation Measures Responsible Time Frame Cost (Kshs) Impacts Party 12.Machinery/ 5. Arrangements must be in place to train and supervise Contractor, RE, Continuous 5,000 per equipment safety inexperienced workers regarding construction machinery use DONMED , EHSO training and other procedures/operations 6. Equipment such as fire extinguishers must be examined by a Contractor, RE, Continuous 2,000 per government authorized person. The equipment may only be DONMED , EHSO examination used if a certificate of examination has been issued 7. Reports of such examinations must be presented in Contractor, RE, Continuous 2,000 per prescribed forms, signed by the examiner and attached to the DONMED , EHSO examination general register 13. Incidents, 1.Ensure that materials are stored or stacked in such manner as Contractor, RE, Continuous accidents and to ensure their stability and prevent any fall or collapse DONMED , EHSO dangerous 2.Ensure that items are not stored/stacked against weak walls Contractor, RE, Continuous occurrences and partitions DONMED , EHSO 3. Work and site plan should be placed in areas all workers can Contractor, RE, Continuous see. Site plan should show exits to use during disaster DONMED , EHSO 4. Securely fence or cover all openings in compound Contractor, RE, One-off DONMED , EHSO 5. Post warning signs in area frequented by dangerous wild Contractor, RE, One-off animals DONMED , EHSO 6. Ensure that construction workers are not locked up such that Contractor, RE, Continuous they would not escape in case of an emergency DONMED , EHSO
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Expected Negative Recommended Mitigation Measures Responsible Time Frame Cost (Kshs) Impacts Party 13. Incidents, 7. All ladders used in construction works must be of good Contractor, RE, One-off Included in the accidents and construction and sound material of adequate strength and be DONMED , EHSO contract cost dangerous properly maintained occurrences 8. Design suitable documented emergency preparedness and Contractor, RE, One-off Included in the evacuation procedures to be used during any emergency DONMED , EHSO contract cost 9. Such procedures must be tested at regular intervals Contractor, RE, Every 3 months Included in the DONMED , EHSO contract cost 10. Ensure that adequate provisions are in place to immediately Contractor, RE, One-off Included in the stop any operations where there in an imminent and serious DONMED , EHSO contract cost danger to health and safety and to evacuate workers 11. Ensure that the most current emergency telephone numbers Contractor, RE, One-off Included in the posters are prominently and strategically displayed within the DONMED , EHSO contract cost construction site 12. Provide measures to deal with emergencies and accidents Contractor, RE, Continuous Included in the including adequate first aid arrangements DONMED , EHSO contract cost 14.Occupational 1. Well stocked first aid box which is easily available and Contractor, RE, One-off 5,000 health and safety risks accessible should be provided within the premises DONMED , EHSO 2. Provision must be made for persons to be trained in first aid, Contractor, RE, One-off Included in the with a certificate issued by a recognized body. DONMED , EHSO contract cost 3. Firefighting equipment such as fire extinguishers and Contractor, RE, One-off Included in the hydrant systems should be provided at strategic locations such DONMED , EHSO contract cost as stores and construction areas.
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Expected Negative Recommended Mitigation Measures Responsible Time Frame Cost (Kshs) Impacts Party 14.Occupational 5. Signs such as “NO SMOKING” must be prominently Contractor, RE, One-off health and safety risks displayed within the construction area especially in parts where DONMED , EHSO inflammable materials are stored 6.Always provide signage indicating works in progress and Contractor, RE, One-off communicate to public on sections to be worked on and on DONMED , EHSO alternative routes 7.There must be adequate provision for artificial or natural Contractor, RE, One-off lighting in all parts the premises in which persons are working DONMED , EHSO or passing 8. Circuits must not be overloaded Contractor, RE, Continuous DONMED , EHSO 9. Distribution board switches must be clearly marked to Contractor, RE, indicate respective circuits and pumps DONMED , EHSO 10. There should be no live exposed connections Contractor, RE, Continuous DONMED , EHSO 11. Electrical fittings near all potential sources of ignition Contractor, RE, One-off should be flame proof DONMED , EHSO 12. All electrical equipment must be earthed Contractor, RE, One-off DONMED , EHSO 13. Develop a suitable system for the safe collection, recycling Contractor, RE, One-off Nil and disposal of chemical wastes, obsolete chemicals and empty DONMED , EHSO chemical containers to avoid their reuse for other purposes and to eliminate or minimize the risks to safety, health and environment
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Expected Negative Recommended Mitigation Measures Responsible Time Frame Cost (Kshs) Impacts Party 14.Occupational 14. Ensure that all chemicals used in construction are Contractor, RE, One-off Nil health and safety risks appropriately labeled or marked and that material safety data DONMED , EHSO sheets containing essential information regarding their identity, suppliers classification of hazards, safety precautions and emergency procedures are provided and are made available to employees and their representatives 15. Keep a record of all hazardous chemicals used at the Contractor, RE, One-off Nil construction site, cross-referenced to the appropriate chemical DONMED , EHSO safety data sheets 16. There should be no eating or drinking in areas where Contractor, RE, One-off Nil chemicals are stored or used DONMED , EHSO 17. Provide workers in areas with elevated noise and vibration Contractor, RE, One-off Nil levels, with suitable ear protection equipment such as ear DONMED , EHSO muffs 18. Ensure that construction workers are provided with an Contractor, RE, One-off Nil adequate supply of wholesome drinking water which should be DONMED , EHSO maintained at suitable and accessible points. 19.Ensure that conveniently accessible, clean, orderly, Contractor, RE, One-off Nil adequate and suitable washing facilities are provided and DONMED , EHSO maintained in within the camp site
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Expected Negative Recommended Mitigation Measures Responsible Time Frame Cost (Kshs) Impacts Party 15. Occupational 1. Provision for repairing and maintaining of hand tools must Contractor, RE, One-off 5,000 health and safety risks be in place DONMED , EHSO 2. Hand tools must be of appropriate size and shape for easy Contractor, RE, One-off Nil and safe use DONMED , EHSO 3. Height of equipment, controls or work surfaces should be Contractor, RE, One-off Nil positioned to reduce bending posture for standing workers DONMED , EHSO 16. Safety and Ensure the general safety and security at all times by providing Contractor, RE, Continuous 30,000/month security day and night security guards and adequate lighting within and DONMED , SO around the construction site. 17. Oil Spills 1. A designated garage section of the site fitted with Contractor, RE, Continuous 30,000 impermeable surfaces for oil storage and oil trapping DONMED , EO equipments to be planned for oil changes. Such a area will be well protected from contaminating the soil
2. Spilling of oil or activities leading to spillage/discharge of Contractor, RE, Continuous 30,000 oil to water bodies should be avoided DONMED , EO 18. Increased Food Construction workers should be given breaks to go for lunch Contractor, RE, Continuous 30,000 Supply/demand Onsite canteen to supply food Contractor, RE Continuous 30,000 19. Mushrooming of Control of informal activities along the project site County Government Continuous Nil0 Informal Settlement 20. Hydrology and 1. Hazardous substance control and emergency response plan Contractor, RE, Continuous 10,000 Water Quality that will include preparations for quick and safe clean up of DONMED , EO Degradation accidental spills. 2. Hazardous-materials handling procedures to reduce the Contractor, RE, Continuous potential for a spill during construction to be prescribed DONMED , EO
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Expected Negative Recommended Mitigation Measures Responsible Time Frame Cost (Kshs) Impacts Party 20. Hydrology and 3. Identify areas where refueling and vehicle maintenance Contractor, RE, Continuous Water Quality activities and storage of hazardous materials, if any, will be DONMED , EO Degradation permitted 4. Waste water/run off collected during construction should be Contractor, RE, Continuous contained and disposed of in accordance with all applicable DONMED , EO regulations 21. Vector Borne and 1.Complete refuse collection and handling service to be Contractor, RE, Continuous Kshs 2,000 Water Borne Disease provided DONMED , EO Incidence 2.Manage and seal off disused quarries, avoid leaving open Contractor, RE, Continuous trenches, stalled construction activities/areas should be left as DONMED , EO clear as possible 22. Possible Exposure 1.Shall be mitigated by occupational health and safety Contractor, RE, Continuous
of Workers to standards enforcement DONMED, EO Diseases including 2. Collaborate with other players in community training and Contractor, RE, Continuous Kshs 20,000 infectious diseases sensitization on disease control during construction DONMED, EO biannually such as HIV/AIDs 3. Provide counseling and testing for HIV/AIDS to incoming Contractor, RE, Continuous construction personnel DONMED , EO, NGO, MOH, CBO 4. Strengthen advocacy through awareness training in Contractor, RE, Continuous HIV/AIDS and other STDs; encourage the use of preventive DONMED, EO, measures like condoms NGO, MOH, CBO
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Expected Negative Recommended Mitigation Measures Responsible Time Frame Cost (Kshs) Impacts Party 5. Avail condom dispensers to construction staff Contractor, RE, Continuous DONMED , EO, NGO, MOH,CBO 23. Increased 1. Coordinate with other planning goals and objectives for Contractor, RE, Continuous Kshs 2,000 Pressure on region DONMED, EO per month Infrastructure 2. Upgrade/rehabilitate existing infrastructure and services, Architect, Project Continuous used for project activities. Manager, Contactor and the Developer 24 .Insecurity 1. Coordinate with administration to appoint security personnel Security Officer, Continuous
operating 24 hours where needed Resident Project Manager & Police Kshs 2. Body-search the workers to avoid getting weapons on site, Security Officer Continuous 3,000/day and leaving site to ensure nothing is stolen. 3. Ensure only authorized personnel get to the site Security Officer Continuous 4. Security alarms should be installed Security Officer Continuous 5. Provide emergency numbers to workers and post then Security Officer Continuous strategically in work area 6. Ensure only authorized personnel get to the site Security Officer Continuous 7. Security alarms will be installed in vehicles and other Security Officer Continuous Kshs 25,000 appropriate devices or areas 25. Air Pollution 1. Install pollution control devices Contractor, RE, Continuous As per project DONMED , EO BOQ
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Expected Negative Recommended Mitigation Measures Responsible Time Frame Cost (Kshs) Impacts Party 25. Air Pollution 2. All unnecessary traffic must be strictly limited on site speed The Contractor & Continuous controls are to be enforced Site Safety Officer 3. Ensure that settlement site is located away from such The Contractor & Continuous pollution sources Site Safety Officer
26. Destruction of 1. Ensure all safety design consideration such as speed break Contractor, RE, As per project natural structures are constructed in areas frequented by children and DONMED , EO design habitats/vegetations. animals BOQ
2. Ensure workers and drivers observes caution while working Contractor, RE, As per safety near animal corridors which should include speed control, DONMED , EO budget noise and dust control, avoid feeding of animals, avoid Continuous disposal of pollutants or any form of waste 3. Ensure appropriate signage is placed in areas inhabited by Contractor, RE, As per project animals DONMED , EO, design BOQ 4. Ensure construction camps and borrow pits are not are no Contractor, RE,
located within the forest reserve DONMED , EO, Contractor, RE, 5. Ensure that no fuel wood for the project or associated facilities such as camps are taken from the protected forest area DONMED , EO, 6.Conduct continuous consultation with KWS before and Contractor, RE, Continuous As per project during the construction phase in order to ensure appropriate DONMED , EO, design mitigation measures are implemented while working at the BOQ forest reserve area
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Expected Negative Recommended Mitigation Measures Responsible Time Frame Cost (Kshs) Impacts Party
27. Design and 1. Ensure all safety related design components are incorporated
construction short in the construction works and where shortcomings exists they comings should be updated before construction Continuous Contractor, RE, As per project DONMED , EO design BOQ 2. Tracks for the various road users should be designed and constructed to ensure road safety this should include cycle track devoted to motorized two wheel transport along, non- motorized two wheel traffic ( bicycles) which can be used by the pedestrian as well, to limit morbidity and mortality caused by motorbike/scooter accidents. 28. Emergence of Due to the magnitude of the project, the Firm of experts shall EO Continuous Kshs. 3,000 new environmental carry out monitoring and evaluation. More so an initial per day per concern during the environmental audit will also be carried within a period of 12 professional construction phase months after commencement of the construction project
8.3 Operational Phase EMMP
The necessary objectives, activities, mitigation measures, and allocation of costs and responsibilities pertaining to prevention, minimization and monitoring of significant negative impacts and maximization of positive impacts associated with the operational phase of the proposed road development Project are outlined in table 8.3 below
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Table 8.2 Environmental management/monitoring Plan for the operational phase of the road development project
Expected Recommended Mitigation Measures Responsible Time Frame Cost (Kshs) Negative Impacts Party 1. SolidI wastet 1. Use of an integrated solid waste management system i.e. Resident Project Throughout generation through a hierarchy of options: 1. Source reduction 2. Recycling Manager & construction Contractor period 3.Composting and reuse 4. Transfer to landfill 5. Sanitary land filling. Kshs. 2,000 per 2. Provide solid waste handling facilities such as rubbish bags Resident Project Continuous month and skips Manager 3. Ensure that solid wastes generated at the camp site and from Resident Project Continuous road are regularly & appropriately disposed of at authorized Manager dumping sites 3. Ensure that occupants of the labor camp manage their waste Resident Project Continuous efficiently through recycling, reuse and proper disposal Manager procedures. 4. Donate redundant but serviceable equipment to charities and Resident Project Continuous institutions Manager 5. Private company to be contracted to collect and dispose solid Resident Project Continuous Kshs. 5,000 per waste on regular intervals Manager trip 2. Release of 1. Provide adequate and safe means of handling sewage Contractor, Continuous Kshs. 500 per sewage into the generated Proponent trip environment 2. Conduct regular inspections for sewage pipe blockages or Contractor, Continuous Kshs. 500 per damages and fix appropriately Proponent trip 3. Ensure regular monitoring of the sewage discharged from the Contractor, Continuous Kshs. 500 per project to ensure that the stipulated sewage/effluent discharge Proponent trip rules and standards are not violated
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Expected Recommended Mitigation Measures Responsible Time Frame Cost (Kshs) Negative Impacts Party 3.HighI demandt for 1. Switch off electrical equipment, appliances and lights Contractor, One-off 25 % higher energy when not being used Proponent than ordinary lighting 2. Install occupation sensing lighting at various locations such Contractor, One-off 25 % higher as rooms, storage areas which are not in use all the time Proponent than ordinary lighting 3. Install energy saving fluorescent tubes at all lighting points Contractor, One-off Kshs. 1,000 per within the compound instead of bulbs which consume higher Proponent unit electric energy 4. Install Photovoltaic Solar Panels to supplement energy Contractor, One-off Kshs. 2,000 per source Proponent month 5. Monitor energy use during the operation of the project and Contractor, One-off Kshs. 2,000 per set targets for efficient energy use Proponent month 6. Sensitize occupants on efficient use energy Contractor, One-off Kshs. 2,000 per Proponent month 4. High water 1. Promptly detect and repair of water pipe and tank leaks Contractor, Continuous Kshs. 1,500 per demand Proponent month 2. Occupants to conserve water e.g. by avoiding unnecessary Contractor, Continuous Kshs. 500 per toilet flushing. Proponent month 3. Ensure taps are not running when not in use Contractor, Continuous Kshs 500 per Proponent month 4. Install water conserving taps that turnoff automatically Contractor, One-off 20 % higher when water is not being used Proponent than ordinary taps
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5. Install a discharge meter at water outlets to determine and Contractor, One-off Kshs. 1,000 monitor total water usage Proponent 6. Create water conservation awareness Contractor, One-off Kshs. 1,500 Proponent 5.Increased health Implement all necessary measures to ensure health and safety Contractor, Continuous Nil and safety of workers and the general public during operation of the Proponent impacts office project as stipulated in Factories and Other Places of Work Act Cap 513 6.Increased general 1. Ensure the general safety and security at all times by Security Officer, Continuous Kshs. 20,000 per safety and providing day and night security guards and adequate lighting Resident Project month security impacts within and around the premises. Manager & Police 7.Increased 1. Coordinate with other planning goals and objectives for Architect, Project Continuous Kshs 10,000 Pressure on region Manager and the Infrastructure Developer 2. Upgrade existing infrastructure and services, if and where Architect, Project Continuous feasible. Manager and the Developer 8.Insecurity 1. Appoint security personnel operating 24 hours Contractor, Continuous Kshs. 20,000.00 Proponent per month 9. Air Pollution 1. Conduct Quality control and use cleaner fuels Contractor, RE Continuous Kshs. 3,000 per 2. Use of bicycles to be encouraged Residents project Continuous month Manager 10. Emergence of Undertake an environmental audit within 12 months after EIA Experts Continuous Kshs. 20,000/day/ new environmental operation commences as required by law consultant concerns
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8.4. Decommissioning Phase
In addition to the mitigation measures provided in Table 8.2 and 8.3 above, it is necessary to outline some basic mitigation measures that will be required to be undertaken once all operational activities of the project have ceased. The necessary objectives, mitigation measures, allocation of responsibilities, time frames and costs pertaining to prevention, minimization and monitoring of all potential impacts associated with the decommissioning and closure phase of the project are outlined in table 8.4 below
Table 8.3 Environmental management/monitoring Plan for the Demolition phase of the road development project
Recommended Mitigation Measures Responsible Party Time Cost (Kshs) Frame 1. Demolition waste management 1. All machinery, equipment, structures and partitions that shall not be used for other Contractor, Proponent One-off Nil purposes must be removed and recycled/reused as much as possible 2. All foundations must be removed and recycled, reused or disposed of at a licensed Contractor, Proponent One-off Nil disposal site/convert abandoned structure to be of beneficial use to community and local administration 3. Where recycling/reuse of the machinery, equipment, implements, structures, partitions Contractor, Proponent One-off Nil and other demolition waste is not possible, the materials should taken to a licensed waste disposal site 4. Donate reusable demolition waste to charitable groups, individuals and institutions Contractor, Proponent One-off Nil 2. Rehabilitation of project site 1. Implement an appropriate re-vegetation program to restore the site to its original status Contractor, Proponent One-off Nil 2. Consider use of indigenous plant species in re-vegetation Contractor, proponent One-off Nil 3. Trees should be planted at suitable locations so as to interrupt slight lines (screen Contractor, Proponent One-off Nil planting), between the adjacent areas and the development. 4. Indigenous tree species must be replanted along the road side after the completion of Contractor, Proponent One-off Nil the project.
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CHAPTER 9: CAPACITY BUILDING
9.1 Capacity Building and Training
It is recommended that capacity building on Environmental Management and Monitoring be integrated as part of this project. The capacity building programmes for the project should include:- i. Programmes to train the project engineers and proponent in the process of the ESIA, to enable them participate fully in the implementation of the EMMP; and ii. Programmes to enhance transport management during the construction period. There is also need for the management to be trained on the following aspects to enable them run the road project appropriately; i. Organizational practices; ii. Project management; iii. Public awareness and community education especially on HIV/AID and other related social impacts; iv. Financial management v. Operation and maintenance of road infrastructure.
9.2 Monitoring Guidelines
Continuous observation and assessment is essential for the identification of impacts unforeseen during the ESIA of the project. To ensure success of the project adequate consultation should be undertaken in the project area with the community members. Monitoring parameters/indicators should be identified and programmes developed for their observation and action. When developing a monitoring programme the following should be taken into consideration:- i. Frequency of monitoring; ii. Required personnel -Monitoring should be conducted by trained personnel; iii. Methods of record keeping; iv. Availability of calibrated and maintained equipment; v. Existence of baseline information; and vi. Data analysis and review The environmental indicators to be monitored during the project phases namely the construction, operation and decommissioning should include but not limited to those listed in the table below. The monitoring parameters can be revised as the project development proceeds, to enable incorporate and unforeseen indicators.
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Table 9.1: List of the Environmental Parameters and their Measurable Indicators
Environmental Parameter to Monitor Indicator 1 Occupational i. Number of occupational diseases and accidents. Health and ii. Frequency of chemical intoxication, ingestion or inhalation. Safety iii. Number using Personal Protective Equipment and Clothing. iv. Number of reported cases to professional medical practitioners. v. Number of animal attacks. vi. Number of reported Pneumoconiosis and other respiratory related diseases. 2 Socio- i. Development Projects Economic ii. Poverty levels and alcoholism Environment iii. Number of idle community members iv. Public complaints v. Number of social conflicts vi. Trend of infectious diseases for example: HIV/AIDS, STI’s vii. Correlation between project team and local community. 3 Air Quality - i. Exhaust fumes Noise ii. Vibration iii. Dust and smoke iv. No. of individuals suffering from respiratory diseases along the project line. 4 Aquatic i. Flooding Environment ii. Waste Alteration iii. Existence of vegetation iv. Water flows in surface and underground water sources v. Complaint from community members vi. Water borne disease 5 Soil Erosion i. Gulley formation and Drainage ii. Increased sediments iii. Complaint from community members iv. Number and status of drains such as meter, pitched, blocked/clogged etc along project road 6 Quarries and i. Number of material sites before project commencement Borrow pits ii. Number of excavated pits due to the project iii. Number of open pits and those rehabilitated iv. Workers wearing Protective Equipment and Clothing (PPEC)
The list of the environmental parameters and their measurable indicators will guide the proponent access the effective level of the EMMP and need to modify it for appropriate action.
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9.3 Reporting
Constant reporting by the site contractor to the proponent is necessary to ensure the project is executed as planned. The safety officer/environment officer should always be available at the site to report any concerns for urgent mitigation. The officer should also ensure enforcement of Environment, Health and Safety requirements as per the relevant legislation. The contractor should always consult the Resident Engineer to maintain a clear understanding of all the project aspects and their mitigation measures.
9.4 Conclusion and Recommendations
The proposed road rehabilitation project is economically feasible in regard to opening up of the road project area to the rest of the country. It also has the potential to increase business activities to the area, provision of social services to the area and besides that, the road will effectively reduce the travel time between the project area and its key trading partners in other adjacent areas.
The proposed development has some negative environmental and social implications that need to be addressed. While there is a general acceptability of the road by the local community, fear of business interruptions, interference with water points, increased incidences of accidents, cultural interference, exposure to risks and general safety are among concerns of the local communities. Appropriate mitigation measures, should therefore be integrated in the project implementation to reduce anticipated negative impacts and enhance the positive ones. In conclusion, the following are recommended. i. Integrate suitable mitigation measures as outlined in this report in the designs for all sections of the project road for implementation during construction and use of the road. ii. Consult the communities and other stakeholders, particularly property owners, to the extent possible on planning the works, especially where property, inhabitations and other aspects of social interest are concerned, iii. Institute effective communication, education and awareness towards the project beneficiaries for enhanced acceptability and social harmony. This is particularly important for the settled areas near and within the road. iv. Implement the environmental management plan throughout the project implementation with assistance of appropriate expert including development and implementation of HIV/AIDS and other communicable diseases program in conjunction with line ministries. During the preparation of this report for the development of the proposed project it was observed and established that most of the negative impacts on the environment are rated low and short term thus can be abated through the proposed mitigation measures. The positive impacts are highly rated and will benefit all stakeholders and the country at large. The project proponents should aim to prudently implement the Environmental Management and Monitoring Plan, EMMP.
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References.
1. Kenya gazette supplement Acts 2000, Environmental Management and Coordination Act Number 8 of 1999. Government printer, Nairobi. 2. Kenya gazette supplement number 56. Environmental Impact Assessment and Audit Regulations 2003. Government printer, Nairobi. 3. Kenya gazette supplement number Environmental Management and Coordination (Emissions Control) Regulations, 2006 Government printer, Nairobi. 4. Kenya gazette supplement Environmental Management and Coordination (Water Quality) Regulations, 2006. 5. Kenya gazette supplement Environmental Management and Coordination (Waste Management) Regulations, 2006. 6. Kenya gazette supplement Environmental Management and Coordination (Excessive Noise and Vibration Control) Regulations, 2009. 7. Kenya gazette supplement, Special Issue 51, Legal Notice number 19; Environmental Management and Coordination (Wetlands, River Banks, Lake Shores and Sea Shore Management) Regulations, 2009 Government printer, Nairobi. 8. Kenya gazette supplement Acts Building Code 2000 by government printer, Nairobi. 9. Kenya gazette supplement Acts Land Planning Act (Cap. 303) government printer, Nairobi. 10. Kenya gazette supplement Acts Local Authority Act (Cap. 265) government printer, Nairobi. 11. Kenya gazette supplement Acts Penal Code Act (Cap.63) government printer, Nairobi. 12. Kenya gazette supplement Acts Physical Planning Act, 1999 government printer, Nairobi. 13. Kenya gazette supplement Acts Public Health Act (Cap. 232) government printer, Nairobi. 14. Kenya gazette supplement number 56. Environmental Impact Assessment and Audit Regulations 2003 Government printers, Nairobi. 15. Kenya National Highways Authority Page 149. 16. Ministry of Public Works Design Manual for Roads and Drainage. 17. National Atlas of Kenya Survey of Kenya. 18. Kenya Soil Survey Ministry of Agriculture. 19. Rainfall Frequency Atlas of Kenya Ministry of Water Development. 20. TRRL East Africa Flood Model D Fiddes. 21. Highway and Urban Hydrology in Tropics LH Watkins and FD Fiddes. 22. Flood Estimation BD Richards.
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Appendix 1: Questionnaire to Stakeholders (NB: In the hard copy of this ESIA are 29No. Questionnaires, each of four pages, duly filled by key stakeholders to this project that includes the following stakeholders ;
• District Commissioner Ruiru • Technical Manager – Ruiru Sewerage & Water Services Company • Q/A – Ruiru Majengo Estate • Individuals of Ruiru Majengo Estate • Head teacher – St. George’s School • Senior Pastor / Director – Ruiru Bible Baptist Church • District Health Administration Officer • Nairobi Baptist Bible College • Ruiru Hospital Limited • ACK St. Michael and All Angels Church • Principal Ruiru Secondary School • District Gender & Social Development Officer • Municipal Engineer – Municipal Council of Ruiru • Farmer and other individuals in Ruiru Market • A Lorry Driver in Ruiru • Doctor in charge of Ruiru Sub-District Hospital • Senior District Officer 1 • Kiosk owners in Ruiru • Finance & Administration Manager – Ruiru Sewerage & Water Services Company • Residents of Ruiru • General Manager (Production) – Spinners & Spinners Ruiru • Rift Valley Railways Station Master Ruiru • Businessman in Ruiru
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Appendix 2: Public Participation and Consultations Questionnaires Responses (NB: Other than the public participation and consultation alluded to in the questionnaires as per Appendix 1 above, there are no records of other public consultation meetings held in the hard copy of this assessment report. The Lead Expert has confirmed no other public consultations meetings were held in this ESIA study above the physical interviews as reflected in the questionnaires).
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Appendix 3: Sample Chance Find Procedures
Chance find procedures are an integral part of the project EMMP and civil works contracts. The following is proposed in this regard:
If the Contractor discovers archeological sites, historical sites, remains and objects, including graveyards and/or individual graves during excavation or construction, the Contractor shall: • Stop the construction activities in the area of the chance find; • Delineate the discovered site or area; • Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be arranged until the responsible local authorities or the Ministry of State for National Heritage and Culture take over; • Notify the supervisory Project Environmental Officer and Project Engineer who in turn will notify the responsible local authorities and the Ministry of State for National Heritage and Culture immediately (within 24 hours or less);
Responsible local authorities and the Ministry of State for National Heritage and Culture would then be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed by the archaeologists of the National Museums of Kenya. The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage, namely the aesthetic, historic, scientific or research, social and economic values.
Decisions on how to handle the find shall be taken by the responsible authorities and the Ministry of State for National Heritage and Culture. This could include changes in the layout (such as when finding irremovable remains of cultural or archeological importance) conservation, preservation, restoration and salvage.
Implementation for the authority decision concerning the management of the finding shall be communicated in writing by relevant local authorities.
Construction work may resume only after permission is given from the responsible local authorities or the Ministry of State for National Heritage and Culture concerning safeguard of the heritage.
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