World Bank Document

Public Disclosure Authorized

The Rural Electrification Authority-REA

Public Disclosure Authorized

Project Report for the proposed Mwachabo Market and Pry/Manoa

Public Disclosure Authorized Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line

Report prepared and submitted by Repcon associates

The Repcon Center

Public Disclosure Authorized Sigona 410 off KEFRI/KARI Rd-Muguga P.O. Box 79605-00200, Nairobi Telefax: 254-20-2248119; Mobile- 0721-274358/0736499399 E-mail:[email protected] April 2013

DISCLOSURE PAGE

This Project Report is hereby disclosed for public review as follows:-

Proponent: The Rural Electrification Authority-REA

Assignment: Project Report for the proposed Mwachabo Market, Pry/Manoa Disp/ Chunga Unga Market/Dighai Market/ Kamtonga Market/Mkuki Market 33 kV power distribution line

Firm of Experts: Repcon Associates- NEMA Registration No. 0002, Contact address: The Repcon Center, Sigona 410, off KEFRI/KARI Rd Muguga, P.O. Box 79605-00200, Nairobi. Telefax: 254-20-2248119; Mobile- 0721-274358/0736499399 E-mail:[email protected]

Signed: ...... Date ......

Michael M. Wairagu Lead Expert (0177)/ Team Leader

Proponent: The Rural Electrification Authority-REA

Contact address: The Chancery, 6 th Flr, Valley Rd; P.O. Box 34585-00100, Nairobi; Telephone: +254-20-4953000; Fascimile: +254-20-2710944; Email: [email protected]

Attention of: Mr. Zackary O. Ayieko-CEO

Signed ...... Date ......

EXECUTIVE SUMMARY

A. Introduction: The subject of this Project Report is the proposed 35.3 km- Mwachabo Market, Pry/Manoa Disp/ Chunga Unga Market/Dighai Market/ Kamtonga Market/Mkuki Market 33 kV power distribution line being developed by the Rural Electrification Authority-REA on behalf of the Kenya Government. The Report has been prepared for REA (Proponent) by Repcon Associates (The Environmental Firm of Experts) in compliance with the Environmental Management and Coordination Act, 1999 and in line with Legal Notice No. 101 of June 2003.

B. Scope of the Project Report: The main objective of this Project Report is identify environmental and social impacts associated with development and operation of the proposed power distribution line and recommend appropriate mitigation measures for integration in all phases of project development.

Framework and depth of the Project Report has been dictated by requirements of EMCA 1999 and Legal Notice 101 of June 2003 which has defined parameters for conduct of Environmental and Social Impact Assessment studies in Kenya. Regulation 7(1) of Legal Notice 101 of EMCA dictates the following basic content of Project Reports:- a) The nature of the project; b) The Division of the project including the physical area that may be affected by the project’s activities; c) The activities that shall be undertaken during the project construction, operation and decommissioning phases; d) The design of the project; e) The materials to be used, products, by-products, including waste to be generated by the project and the methods of disposal; f) The potential environmental impacts of the project and the mitigation measures to be taken during and after implementation; g) An action plan for the prevention and management of possible accidents during the project cycle; h) A plan to ensure the health and safety of the workers and neighboring communities; i) The economic and socio-cultural impacts to the local community and the nation in general; j) The project budget; k) Any other information that the Authority may require

C: Study Methodology pursued The systematic investigative and reporting methodology specified for conduct Project Reports by Legal Notice 101 of EMCA was adopted in this Study. Baseline data on project design was generated through discussion with the client and review of project documentation. Opinions formed were revalidated

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The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line through field work entailing site investigations and interviews with potentially affected people and secondary stakeholders.

To identify, predict, analyze and evaluate potential impacts that may emanate from the project, diverse study methods and tools including use of checklists, matrices, expert opinions and observations were employed. An Environmental and Social Management Plan comprising an impact mitigation plan and modalities for monitoring and evaluation were then developed to guide environmental management during all phases of project development.

D: The Project Report Team This Project Report study was undertaken by a team of 2 consultants namely:- • Mr. Michael M. Wairagu-EIA Lead Expert • Ms. Nancy Kanyi-Sociologist

E: Policy, legal and regulatory framework: This Project Report has been developed to ensure that the proposed development of power distribution lines is in conformity with national policy aspirations towards securing sustainable development. Specifically, this report has been developed to ensure compliance with requirements of the Environmental Management and Coordination Act (EMCA) 1999-Kenya’s supreme environmental law, the National Constitution and World Bank’s safeguard requirements. Section 58 of EMCA requires that all development proposed in Kenya to be subjected to environmental assessment to be conducted in line with the Second Schedule and The Environmental (Impact Assessment and Audit) Regulations, 2003. As well, Op 4.01 of the World Bank demands environmental assessment for Category A and B hence occasioning the need for the study report disclosed here-in.

F. Project description: The Proponent in respect of the proposed Mwachabo Market, Pry/Manoa Disp/ Chunga Unga Market/Dighai Market/ Kamtonga Market/Mkuki Market 33 kV power distribution line is the Rural Electrification Authority (REA) - a State Corporation established under Section 66 of the Energy Act No 12 of 2006 for purposes of accelerating the pace of rural electrification in Kenya.

Development of the Mwachabo power distribution line will be financed under auspices of the KEEP (REA component) whose overall aim is to increase access to electricity in rural areas and is justifiable in that it will electrify rural villages and institutions and thus unlock the opportunities associated with cost effective access to convertible energy sources. The project will entail development of 35.3 kilometers of Three Phase power distribution line which will comprise 3 lengths of parallel conductors (each 35.3 Km long) mounted on a total of 133 wooden poles of 10-14 m height. The 33 kV power will be stepped down to 0.433 through 2 differently located transformers and then supplied to consumers through new low voltage lines to be constructed.

Mwacho market can be accessed by rough road from Mwatate though the Teita Estate from the Mwatate-Taveta (A23 road) branching off just before Bura.

G: The proposed route of traverse The Mwachabo power distribution line trading centers and institutions situated within the Mwachabo location of Mwatate District. Mwachabo location is situated in the Taita lowlands which is part of the expansive lowland area extending from the Yatta Plateau in the East to beyond the Tanzanian boundary

The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line in the west and which contains the Tsavo East and West National Parks. Altitude generally averages 700 m above sea level.

On account of low altitude and absence of relief barriers, rainfall in the Mwatate lowlands averages 665mm delivered in two seasons; - March to May and November to December. The latter peak is more pronounced. Further, the prevailing high temperatures exert a huge evaporative demand of 2189mm annually which far exceeds moisture inputs from rainfall with a consequent huge moisture deficit throughout the year. Long-term climate for the area is therefore semiarid which gives rise to savannah woodlands dominated by Acacia-Commiphora formations.

As at the 2009 National Population Census, Mwachabo location had a population of 12,263 people comprised of 3,065 households of which, the local Taita form the greater majority. The location hosts the large-scale Teita Estate specialising in sisal growing but small settlements of Mwachabo, Manoa, Kamtonga, Mkuki, etc are building up in the un-adjudicated area to the west of the sisal farm. These are the settlements targeted for power supply.

H: Findings from the Study (i) Overview of impacts:

The scope of adverse impacts associated with construction of 10 kilometres of 33 kV power distribution line in an otherwise low density agricultural settlement is inherently low. Thus, for the proposed Mwachabo power line, this study has only identified a total of 34 impacts, 17 of which are positive. Other trends in impacts are as follows:-

• The other half of potential impacts are likely to be adverse. • Ten of the 17 positive impacts are likely to be long-term in prevalence while 7 out of 8 adverse impacts have a long-term effect with 2 of them being potentially irreversible. • Nine out of sixteen adverse impacts have potential to cause secondary impacts while 6 of them have cumulative tendency ie, they have potential to aggravate an already existing problem. • The project has a marginal net positive impact pre mitigation which will require to be enhanced through adoption of an effective impact mitigation strategy.

(ii ) The Potential positive impacts anticipated

Positive implications of the project emanate from its potential to create short-term business and employment opportunities to both professional staff and workers during the design phase while, at construction phase, traders will benefit from opportunities to supply construction material while locals will be employed in works. Upon commissioning, the project could supply electric power to 3 schools and 5 rural trading centers where the potential to unlock business potential is real. Through adoption of electricity and cutting down on use of fossil fuels, the project has potential to favor cutting down on Green House Gas emissions to the benefit of the global climate.

(iii) The Potential adverse impacts/concerns

Core adverse impacts could include the following:-

• Displacement of trees and property: By design, 33 kV distribution lines do not require land acquisition to create way leaves and are also sited to avoid any standing structures. However, such power lines do occasionally require that trees be removed and this present the main adverse impact of the proposed power line. Along the proposed 35.3 kilometer long power line, some indigenous tree could be removed and this could contribute to loss of floral biodiversity through deforestation. • Hazards to road users: Construction activity including transport of materials to the site and erection of the power distribution line poses occupational health and safety hazard to both construction crew and third parties. • Conflict over use of road reserves: Unless properly coordinated, construction of power lines has recently been observed to occasion conflicts over the use of road reserves and the same can recur in regard of proposed power line. • Hazards posed by presence of powered lines: Further, presence of the line changes the local landscaper and skyline and such intrusion into space is a kind of pollution, not mentioning the perpetual hazards introduced by presence of a powered line.

I: The Environmental and Social Management and Monitoring Plan

The proposed project is quite small in scale and given the passage in an medium density agricultural settlement, the scope of anticipated impacts is quite low,. Further, the bulk of impacts is associated with construction activity and will thus cease once construction ends. Intervention at mitigation has been identified as follows:-

Mitigation of potential loss of trees: Project design will primarily aim at reducing tree casualties through rerouting of the power line. Where tree removal is inevitable, such removal will be cleared upfront with the County Agricultural Officers in line with the Agriculture (Farm Forestry) Rules 2009 upon which, REA will pay just and prompt compensation for all trees removed or lopped. Further, towards rebuilding lost vegetation cover, REA will identify and support a local group to raise and plant tree seedlings in the route of traverse. REA will follow and monitor progress of said trees to ensure achievement of highest survival possible.

Compliance to requirements of OSHA 2007: The Contractor will be bound in contract to implement the Code of Safety as outlined in 8.4 above. The core mitigation strategy is to optimize on construction time so as to reduce the time taken to complete all civil works. The Contractor will deploy sober competent staff working under competent supervisors. In addition to provision of protective gear, all workers will be covered under the Workman Compensation Scheme.

REA to engage road sector stakeholders on use of road reserves: At the design stage, REA will engage all road sector stakeholders to agree on mutually acceptable sharing of the target road reserves but in the long run, this matter will require legal resolution.

REA to undertake public sensitization on hazards posed by live power lines: Towards curbing vandalism of the power distribution line and associated hazards, the REA will mount public sensitization campaigns in the affected area and will ensure that the property is promptly handed over to the community. As well, the contractor should be held liable for all vandalism during the defect liability period.

The Monitoring Strategy: The responsibility for ensuring total environmental worth of the proposed project vests with REA in the capacity of proponent. Towards this, the proponent will retain and deploy

The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line a team of highly motivated environmental and social scientists to monitor and report on all stages of the project. Other action has been recommended as follows:- i) The ESMMP as outlined above will be integrated into the Design Report with appropriate allocation of funds in the Bills of Quantities. ii) REA will therefore allocate the budget of Ksh 7 million be required to offset the social and environmental impacts associated with the project. iii) The Contractor will prepare routine reports which will be ascertained by the Supervising Consulting Engineer before Payment Certificate can be issued. iv) The contract for construction should bear clauses binding the contractor to implement impact mitigation as part of the civil works. Environmental stabilization works will be covered under the defect liability period. v) REA will mount own internal monitoring to ensure that impact mitigation has been implemented and will file annual audit reports with NEMA. vi) The proposed project will adhere to all other laws of the land and will seek and obtain all requisite statutory permits.

J: Recommendations of this Project Report

The proposed development of a power distribution project is largely aligned to reigning GOK Policies for national development. The project enjoys a highly positive benefits profile as it will strongly support initiatives towards poverty alleviation and reversal of environmental-degradation both of which are critically important policy aspirations of the Kenya Government. This Study recommends that project development should proceed but factor in the mitigation measures recommended herein. REA in the capacity of proponent will require to closely monitor activities especially at construction stage and simultaneously avail funds for environmental and social restoration.

Our recommendation is for the project to be licensed to proceed to the next level of development.

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LIST OF ABBREVIATIONS

AOJ = Area of Jurisdiction BOQs = Bill of Quantities CAP = Chapter of the Laws of Kenya CITES = Convention on International Trade in Endangered Species EA = Environmental Assessment EHS = Environment Health and Safety EMCA 1999 = Environment Management and Coordination Act 1999 EMP = Environmental Management Plan ERC = Electricity Regulatory Commission ESIA = Environmental and Social Impact Assessment ESMMP = Environmental and Social Management and Monitoring Plan GDP = Gross Domestic Product GHG = Green House Gases GoK = Government of Kenya HV = High Voltage IMP = Impact Mitigation Plan IPPs = Independent Power Producers KENGEN = Kenya Electricity Generating Company KFS = Kenya Forestry Service KLPC = Kenya Power and Lighting Company Limited kV = Kilo volts KWS = Kenya Wildlife Service M&E = Monitoring & Evaluation MDGs = Millennium Development Goals MoE = Ministry of Energy MW = Mega Watts MWI = Ministry of Water and Irrigation NEMA = National Environment Management Authority O&M = Operation and Maintenance PAC = Program Audit Consultant PAPs = Project Affected Persons PMs = Project Managers RE = Resident Engineer RETs = Renewable Energy Technologies RAP = Resettlement Action Plan SHS = Solar Home Systems SMEs = Small and Micro- Enterprises TL = Distribution Line TORs = Terms of Reference US$ = United States Dollar

Table of Contents

DISCLOSURE PAGE ...... ii EXECUTIVE SUMMARY ...... iii 1 CHAPTER ONE: INTRODUCTION ...... 111 1.1 Background to this report ...... 1 1.2 Scope and objectives of the Environmental and Social Impact Assessment ...... 1 1.2.1 Study scope ...... 1 1.2.2 Study Objectives ...... 1 1.2.3 The Environmental and Social Impact Assessment Team ...... 1 1.3 Approach and methodology to the Environmental and Social Impact Assessment ...... 2 1.3.1 Discussions with the Project Design Consultant ...... 2 1.3.2 Data collection ...... 2 1.3.3 Field work and public consultations ...... 2 1.3.4 Data analysis and impact prediction ...... 3 1.3.5 Formulation of an Environmental and Social Management Plan ...... 3 1.3.6 Reporting procedure ...... 3 1.4 Presentation of this Report ...... 4 2 CHAPTER TWO: PROJECT DESCRIPTION /DISCLOSSURE ...... 555 2.1 Overview ...... 5 2.2 About the Proponent ...... 5 2.3 Objectives of the proposed Project ...... 5 2.4 Project Justification ...... 5 2.5 The proposed route of traverse ...... 5 2.6 Design features of the distribution lines ...... 7 2.6.1 Nature of power distribution lines ...... 7 2.6.2 Scope of the project ...... 8 2.6.3 Other specifications ...... 8 2.6.4 Land requirement by the distribution lines ...... 9 2.6.5 Project activities ...... 9 2.6.6 Land ownership within route of traverse ...... 9 2.7 Total Cost of the Project ...... 9 3 CHAPTER THREE: POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK ...... 111111 3.1 Policy Frameworks ...... 11 3.1.1 Constitutional provisions ...... 11 3.1.2 Other GOK Policies relevant to environmental conservation ...... 12 3.1.3 World Bank’s Safeguard Policies (WBSGPs) ...... 14 3.2 The Legal Framework for Environmental Management in Kenya ...... 17 3.2.1 Provision of an Institutional Framework ...... 17 3.2.2 EMCA requires Environmental Impact Assessment for new projects ...... 18 3.2.3 EMCA provides for gazzettment of Environmental Regulations ...... 18 3.2.4 EMCA requires inter-sectoral coordination ...... 20 ix

3.2.5 EMCA requires conformity to International Conventions, Treaties and Agreements ...... 28 3.3 The Regulatory Framework ...... 30 3.3.1 The Rural Electrification Authority-REA ...... 30 3.3.2 The Energy Regulatory Commission-ERC ...... 30 3.3.3 The National Environmental Management Authority-NEMA ...... 30 4 CHAPTER FOUR: THE BASELINE ENVIRONMENT ...... 313131 4.1 The Bio-physical baseline ...... 31 4.1.1 Location and administrative set-up ...... 31 4.1.2 Relief and physiographic profile ...... 31 4.1.3 Climatic regime ...... 31 4.1.4 Cover vegetation ...... 33 4.1.5 The socio-economic profile ...... 34 4.1.6 The inhabitants ...... 34 4.1.7 Population dynamics ...... 34 4.1.8 Land use and livelihoods ...... 34 4.2 Ecologically sensitive resources ...... 34 555 CHAPTER FIVE: STAKEHOLDER CONSULTATIONS ...... 353535 5.1 Need for stakeholder consultations ...... 35 5.2 Approach to stakeholder consultation ...... 35 5.2.1 Identification of stakeholders ...... 35 5.2.2 Levels in stakeholder consultations ...... 35 5.2.3 Methodologies in stakeholder consultation: ...... 36 5.2.4 Progress in consultation ...... 36 5.2.5 Comments from local stakeholders ...... 39 5.2.6 Comments from local Institutions ...... 40 5.3 Salient observation from stakeholders’ consultation ...... 40 5.4 Modalities for conflict resolution ...... 40 666 CHAPTER SIX: ANALYSIS OF ALTERNATIVES ...... 414141 6.1 Overview ...... 41 6.2 Levels in evaluating project alternatives ...... 41 6.2.1 Evaluation of the No Project option ...... 41 6.2.2 Options in the selection of the routes of traverse ...... 41 6.3 Choice between diverse distribution technologies ...... 41 6.4 Choice of Tower structures ...... 42 6.5 The preferred option ...... 43 7 CHAPTER SEVEN: POTENTIAL IMPACTS FROM THE PROJECT ...... 454545 7.1 Generic Social and Environmental Impacts ...... 45 7.1.1 Outcome of impact prediction ...... 45 7.1.2 Analysis of impact severity ...... 45 7.2 Description of potential impacts ...... 45 7.2.1 Overview of impacts ...... 45 x

7.2.2 Impacts at Design Stage ...... 46 7.2.3 Positive Impacts at Construction Stage ...... 46 7.2.4 Negative impacts at Construction Stage ...... 49 7.2.5 Impacts at the Operation Phase ...... 50 7.2.6 Adverse impacts from powering and operating the distribution line ...... 52 7.2.7 Core concerns about the project ...... 53 8 CHAPTER EIGHT: THE ENVIRONMENTAL MANAGEMENT PLAN ...... 545454 8.1 Overview ...... 54 8.2 The Impact Mitigation Plan ...... 54 8.3 Mitigation at design stage ...... 54 8.4 Mitigation at construction stage ...... 54 8.4.1 Mitigation of impacts associated with tree removal ...... 54 8.4.2 Mitigation of potential conflict in the use of road reserves ...... 57 8.4.3 Management of Occupational Health and Safety Hazards ...... 57 8.4.4: Management of Health and Safety Hazards within institutions and market centers 59 8.4.5 : Modalities for conflict resolution ...... 59 8.5 Mitigation of Impacts at Operation Stage ...... 59 8.6 Effectiveness of the Mitigation programme ...... 59 8.6.1 Viability of Mitigation ...... 59 8.6.2 Prevalence of residue impacts ...... 60 8.6.3 Management of decommissioning ...... 60 8.7 Monitoring requirements ...... 60 8.7.1 The concepts ...... 60 8.8 Roles and Responsibilities in implementing the EMP ...... 64 8.9 Budget for Environmental and Social Mitigation ...... 65 9 CHAPTER NINE: CONCLUSION AND RECOMMENDATIONS ...... 666666 9.1 The Project ...... 66 9.2 Study Methodology pursued ...... 66 9.3 Findings from the Study ...... 66 9.3.1 Overview of impacts ...... 66 9.3.2 Nature of the potential positive impacts anticipated ...... 66 9.3.3 Nature of the Potential adverse impacts/concerns ...... 67 9.4 The Environmental and Social Management and Monitoring Plan ...... 67 9.4.1 The Impact Mitigation Plan: ...... 67 9.4.2 Effectiveness of the Mitigation Plan ...... 68 9.4.3 Total Cost in Environmental and Social Mitigation ...... 68 9.5 The Monitoring Strategy ...... 68 9.6 Recommendations of this Project Report ...... 68 APPENDICES: ...... 707070

List of Tables

Table 2.1: Summary features of the scheme ...... 8 Table 3.1: Analysis of potential triggers to World Bank safeguards policies ...... 15 Table 3.3: Screening of the proposed power distribution line project against international treaties on protection of nature ...... 29 Table 3.4: Screening of the proposed power distribution line project against international treaties on protection of the atmosphere ...... 29 Table 4.1: Climate data for the Mwatate area based on the Voi Meteorological station ...... 31 Table 4.2: Population statistics for Mwatate District ...... 34 Table 5.1: Summary table of stakeholders consulted ...... 38 Table 6.1: Analysis of alternatives ...... 44 Table 7.1: Matrix for impact prediction and interpretation ...... 47 Table 8.1: Matrix for impact mitigation ...... 55 Table 8.3: Analysis of impacts scenario before and after mitigation ...... 60 Table 8.4: Matrix for Environmental and Social Management and Monitoring (ESmmP) ...... 62

List of Figures

Figure 2.1: Schematic presentation of the Mwachabo power distribution line project ...... 7 Figure 2.2: Three phase power distribution ...... 8 Figure 4.1: Seasonal moisture balance for Mwatate area ...... 33

List of Plates

Plate 2.1: Potential beneficiaries of the power distribution (i): Manoa dispensary (ii) Kamtonga Market and (iii)the Manoa market ...... 6 Plate 4.1: An inselberg in the Mwatate Plains ...... 31 Plate 4.2: Remnant semi arid vegetation in the Mwachabo Location ...... 33 Plate 5.1 : Stakeholder consultation at Kamtonga Trading Centre ...... 37 Plate 7.1: Birds nesting on a tree at Kamtonga market removal of such trees implies loss of nesting grounds for birds ...... 49 Plate 7.2: Transportation of construction materials has potential to undermine safety of other road users ...... 50

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1 CHAPTER ONE: INTRODUCTION

1.1 Background to this report The Rural Electrification Authority–REA is the Utility mandated by the Government of Kenya to design and construct rural electrification schemes in Kenya. With support from the GoK and the World Bank, REA is currently developing 150 rural electrification schemes under the Kenya Electricity Expansion Project (KEEP). Under KEEP, REA will develop 33 kV power lines in 23 Counties among them Taita Taveta County where the proposed Mwachabo Market, Pry/Manoa Disp/ Chunga Unga Market/Dighai Market/ Kamtonga Market/Mkuki Market 33 kV power distribution line (here after referred to as the Mwachabo 33 kV power distribution line project ) will be constructed. The latter line will supply electric power to designated institutions and market centers within Mwatate Constituency.

This proposed power distribution line is the subject of this Project Report which has been motivated by the need to ensure that supply of electric power to the target villages will be in conformity with requirements for technically sustainable, socially acceptable and economically viable development which is the essence of environmental impact assessment. Further, this report has been prepared under contract by Repcon Associates- a Nairobi-based consultancy (See Appendix 1.1 for statutory registration details) in conformity with Legal Notice 101 of EMCA.

1.2 Scope and objectives of the Environmental and Social Impact Assessment

1.2.1 Study scope Essentially, the framework and depth of this Project Report was dictated by reining legislation namely EMCA 1999 and its Legal Notice 101 of June 2003 which has defined parameters for conduct of Environmental and Social Impact Assessment studies in Kenya. The Second Schedule of EMCA-1999 identified power distribution among projects that require to be subjected to environmental impact assessment and this informed the need to design and execute the Project Report Study for the proposed Mwachabo Project. As well, given the limited scale and scope of investment required in developing 33 kV power distribution lines, a decision was made to mount a study process culminating in development of a Project Report in line with Legal Notice 101 of EMCA.

1.2.2 Study Objectives Objectives for this Project Report Study were identified as follows;- • To identify and assess potential environmental and social impacts of the proposed project. • To identify all potential significant adverse environmental and social impacts of the proposed project and recommend measures for mitigation measures. • To verify compliance with the environmental regulations and industry’s standards • To recommend cost effective measures to be implemented to mitigate the expected impact. • To prepare a Project Report compliant to the Environmental Management and Coordination Act [1999] and it’s Legal Notice 101.

1.2.3 The Environmental and Social Impact Assessment Team This Environmental and Social Impact Assessment study was undertaken by a multidisciplinary team bringing together skills as follows:-

• Mr. Michael M. Wairagu- EIA Lead Expert and Team Leader • Ms. Nancy Kanyi-Sociologist Details of NEMA registration status in respect of both team members are provided in Appendix 1.2.

1.3 Approach and methodology to the Environmental and Social Impact Assessment A Project Report is primarily a tool aimed at facilitating identification and mitigation of adverse impacts of an activity before its implementation commences while creating an opportunity for enhancing positive impacts and thus improving on the entire net worth of the project. For the purposes of this Project Report, systematic data correction took place through activities as follows:-

1.3.1 Discussions with the Project Design Consultant Core discussions were held between the Study Team Leader (from Repcon) and Project Managers from both SWECO and Aberdare Engineering Ltd from which, finer details of the assignment were negotiated and harmonized. Consultative meetings also took place with staff of the REA in pursuit of better understanding of the environmental mandate and capacity of the Authority. From such discussions, the consultant obtained maps and project design data which helped better clarify the project scope.

1.3.2 Data collection The Project Report Process also employed review of available reports towards familiarizing with the focus and objectives of the entire programme. Core reports reviewed here included the Environmental and Social Management Framework (ESMF) and the Resettlement Policy Framework (RPF) prepared for KEEP. Secondary data for the route of traverse was obtained from diverse sources such as GOK planning documents and policy blue prints, professional reports and releases, etc all of which provided an insight into the socio-economic and biophysical baseline for the target area. A list of documents and data sources consulted as part of this study is provided in Appendix 1.3. Preliminary opinions formed from review of such documentation were re-validated during fieldwork undertaken within the traverse area.

1.3.3 Field work and public consultations Fieldwork largely entailed onsite investigations so as to familiarize with the baseline environment of the area potentially affected by the project. Analysis of potential impacts was based on investigations undertaken along the entire route of traverse where data on physiographic, pedology, hydrology and drainage, ecology and cover vegetation, settlement and land-use patterns, ecologically and economically sensitive resources were collected. Accruing information formed the basis for impact prediction. Further, and in line with requirements of Legal Notice 101 of EMCA and its Schedules, the proposed project was subjected to public participation through conduct of public hearing along the traverse and through one to one interviews with other stakeholders.

Chapter six below provides a record of the public participation process as pursued in this study. Views /comments accruing not only served to inform the design process but also formed a basis for discussion between the community and study team towards improving the overall quality of the proposed interventions. Stakeholders in government including the provincial administration, land-based sectors, etc were also consulted to clarify diverse issues and to ensure that proposed development was in harmony with sectoral policies.

1.3.4 Data analysis and impact prediction Upon data analysis, potential environmental impacts (both positive and adverse) were predicted based on available tools. The magnitude, significance, and acceptability of predicted impacts were evaluated with a view to determining whether observed adverse impacts are significant enough to warrant mitigation. The potential environmental impacts were described in both quantitative and qualitative terms through application of existing body of knowledge, checklists and input from diverse stakeholders. In particular, impact prediction in this study drew heavily on three tools namely:- i) The Third Schedule to Legal Notice 101 of EMCA ii) The Sectoral checklists for the Power Sector developed for the Asian Development Bank; iii) The Checklist of Environmental Characteristics developed by the Department of Environmental Affairs of the Republic of South Africa and, iv) The Reference Guidelines for Environmental Assessments (which incorporates the Leopold Matrix) developed by USAID / REDSO / WCA–Abidjan.

Impacts were further screened for occurrence and significance of residual (those which cannot be mitigated satisfactorily) and cumulative impacts with a view to providing a basis of making recommendations on the way forward for the project.

1.3.5 Formulation of an Environmental and Social Management Plan Measures or interventions necessary to minimize, reduce, avoid or offset identified adverse impacts were evaluated and presented in form of an Impact Mitigation Plan for the proposed development. Such evaluation also included an assessment of Project Alternatives as reported in Chapter Six below. The ESMP also identified modalities for monitoring and evaluation to ensure compliance in implementation of proposed mitigation measures. This involved development of monitoring indicators and procedures for continuous generation of project monitoring data and information.

1.3.6 Reporting procedure The Study methodology as described above culminated with production of this Project Report formulated in line with Regulation 7(1) of Legal Notice 101 of EMCA which requires that a proponent shall prepare a project report stating: - a) The nature of the project; b) The Division of the project including the physical area that may be affected by the project’s activities; c) The activities that shall be undertaken during the project construction, operation and decommissioning phases; d) The design of the project; e) The materials to be used, products, by-products, including waste to be generated by the project and the methods of disposal; f) The potential environmental impacts of the project and the mitigation measures to be taken during and after implementation; g) An action plan for the prevention and management of possible accidents during the project cycle; h) A plan to ensure the health and safety of the workers and neighboring communities; i) The economic and socio-cultural impacts to the local community and the nation in general; j) The project budget; k) Any other information that the Authority may require

A draft version of this Project Report has been reviewed by REA and SWECO whereby emergent comments have been input towards development of this Final Project Report which will be submitted to NEMA in line with Regulation 8 of Legal Notice 101.

1.4 Presentation of this Report This report is presented in nine chapters which integrate the content for Project Reports as stipulated in Regulation 7 of LN 101 thus:- • Chapter One (this chapter) outlines the background and procedure in developing this Project Report; • Chapter Two provides a description of the project as proposed by REA; • Chapter Three reviews relevant policies, legal, regulatory and administrative frameworks governing conduct of environmental assessment in Kenya; • Chapter Four provides the pre-project baseline environment; • Chapter Five provides an analysis of alternatives to the project; • Chapter Six reports on the outcome of stakeholder consultations; • Chapter Seven analyses potential impacts of the project; • Chapter Eight outlines the Environmental and Social Management and Monitoring Plan (ESMP) developed for the project; • Chapter Nine provides the conclusion and recommendation

2 CHAPTER TWO: PROJECT DESCRIPTION /DISCLOSSURE

2.1 Overview This chapter provides an overview of the proposed distribution line as currently designed. The description borrows largely from documentation availed by the Rural Electrification Authority-REA.

2.2 About the Proponent The Proponent in respect of the proposed Mwachabo 33 kV power distribution line project is the Rural Electrification Authority (REA)- a State Corporation established under Section 66 of the Energy Act, 2006 (No 12 of 2006) for purposes of accelerating the pace of rural electrification in Kenya. The Energy Act, 2006 sets out the functions of REA as follows:- • To Manage the Rural Electrification Programme Fund • To Develop and update the rural electrification master plan • To Promote the use of renewable energy sources including small hydros, wind, solar, biomass, geothermal, hybrid systems and oil fired components taking into account specific needs of certain areas including the potential for using electricity for irrigation and in support of off-farm income generating activities. • Implementation and sourcing of additional funds for the rural electrification programme • Management of the delineation, tendering and award of contracts for licences and permits for rural electrification

2.3 Objectives of the proposed Project The proposed Mwachabo 33 kV power distribution line project is being developed under auspices of project KEEP whose REA component is designed to increase access to electricity in rural areas through pursuit of three objectives namely;-

• Increasing access to electricity by accelerating connection rates and introducing a customer- friendly connection policy; • Promotion of the use of renewable energy sources like solar; • Providing quality and affordable electricity to all in rural areas.

2.4 Project Justification The project is justifiable in that, it will electrify rural villages and institutions and thus unlock the opportunities associated with cost effective access to convertible energy sources. Plate 2.1 below presents a pictorial summary of some intended beneficiaries of the project.

2.5 The proposed route of traverse Though the proposed line targets villages in the Mwachabo Location of Mwatate District, the bulk of the proposed distribution line will traverse the vast Teita Estate. Access is via the dirt road traversing the Teita Estate which exits at Mwachabo Market, then forks to Manoa and Kamtonga and Mkuki and Chunga Mali villages. The target villages can also be accessed from the Mwatate-Taveta (A23 road) branching off just before the junction to Taita Salt Licks.

Plate 2.1: Potential beneficiaries of the power distribution (i): Manoa dispensary (ii) Kamtonga Market and (iii)the Manoa market

Figure 2.1: Schematic presentation of the Mwachabo power distribution line project

2.6 Design features of the distribution lines

2.6.1 Nature of power distribution lines

By design, there are 5 categories of power distribution lines depending on the voltage as follows:-

• Low voltage – less than 1000 volts, used for connection between a residential or small commercial customer and the utility. • Medium Voltage (Distribution) – between 1000 volts (1 kV) and to about 33 kV, used for distribution in urban and rural areas. • High Voltage (sub-distribution less than 100 kV); sub-distribution or distribution at voltage such as 115 kV and 138 kV), used for sub-distribution and distribution of bulk quantities of electric power and connection to very large consumers. • Extra High Voltage (distribution) – over 230 kV, up to about 800 kV, used for long distance, very high power transmission. • Ultra High Voltage – higher than 800 kV.

The proposed Mwachabo Power distribution line is a medium voltage line.

2.6.2 Scope of the project Distribution lines essentially comprise of an assembly of poles and cross bars on which conductors are mounted. Detailed specifications inclusive of Bills of Quantities for the proposed Mwachabo Power distribution line are provided in Appendix 2.1, a brief summary of which is provided in Table 2.1 below. A 35.3 kilometer 33 kV power distribution line is proposed which implies that, the scheme will comprise 3 lengths of parallel conductors (each 35.3 Km long) mounted on a total of 133 wooden poles of 12-14 m height. The 33 kV power will be stepped down to 0.433 kV through 2 different located transformers and supplied to consumers through new low voltage distribution lines to be constructed.

Table 2.1: Summary features of the scheme Scheme/ Proposed alignment Project area Length Total No of Total No of (km) poles transformers Mwachabo Market, Pry/Manoa Disp/ Mwatate Constituency - 35.3 133 2 Chunga Unga Market/Dighai Market/ Taita Taveta County Kamtonga Market/Mkuki Market

Diverse assembly of pole structures will be used in construction of the target distribution line as follows:- • Suspension structures to support the conductor vertically using suspension insulators. • Strain structures to resist net tension in the conductors and the conductors attach to the structure through strain insulators. • Dead-end structures to support the full weight of the conductor and also all the tension in it by use of strain insulators.

Figure 2.2: Three phase power distribution

2.6.3 Other specifications Specifications: Conductors comprise the core media through which, power distribution takes place. In the design of the proposed TL, the Wolf Conductor is preferred on account of higher efficiency of distribution, thus resulting in lower losses of energy and cumulative un-served energy. The conductors 8

The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line recommended for the various sub-project options are Aluminum Conductor Steel Reinforced (ACSR) “Wolf” and “Lynx” conductors which are in accordance with Kenya’s Standards. The technical particulars of conductors are as specified in Appendix 2.1 below.

Conductor configuration: The current practice in constructing power distribution lines in Kenya is to use flat configuration conductors which results in shorter poles with a modest cost saving compared to the typical triangular configuration with the three phases on three levels. For distribution lines longer than 100 kilometres, a full transposition (three sections) of the three phases is recommended due to the impedance asymmetry resulting in a corresponding voltage and current imbalance at the end of the distribution line.

2.6.4 Land requirement by the distribution lines The practice of the REA is to require a way leave corridor of equivalent to 10m width on either side of the center line for 33 kV power distribution lines. Along the 20m wide corridor, an appropriate clearance between conductors and vegetation and structures needs be maintained which requires that houses and trees in excess of 7.5 metres are removed for the entire life of the distribution line. However, farming and grazing within the corridor is generally permitted.

2.6.5 Project activities Towards development of the distribution lines, activities are anticipated as follows:-

Design works: A technical design package for the proposed power distribution line has already been prepared by REA.

Construction activity: Site preparation will involve manual clearing in holing areas and lopping of tall vegetation to allow laying of conductors. Construction will involve delivery of poles, conductors, insulators and other components of the distribution line. This will be followed by excavation following which the poles will be erected. The major task will entail mounting of conductors and transformers following which the project will be commissioned.

Operation phase: Upon powering, the project will then be operated by the Kenya Power Company alongside other investments in Taita Taveta County. Routine maintenance will also involve securing of pole foundations against erosion to insure against weakening and collapse of power lines.

2.6.6 Land ownership within route of traverse As currently aligned, the traverse falls within privately owned lands, road reserves, and urban centers- the latter of which are controlled by local authorities.

2.7 Total Cost of the Project A summary of the Project Bills of Quantities is provided in Table 2.2 below. In total, construction of the power distribution line is expected to cost the sum of Ksh 41,145,666.48. For a 35.3 Km long power distribution line, this translates to a unit construction cost of Ksh 1.66 million per kilometre.

Table 2.2: Estimated cost of constructing the power distribution line SN Bill Item Cost (Ksh) 1 Project Survey works 1,207,070.00 2 Provision for Wayleave 0 3 6X50KVA,1X100KVA 33/0.433 KV TX 1,674,782.96 4 S/S Works 1,146,898.83 5 35.3Km of 33kv in 75 sqmm bare ACSR 26,751,351.22 6 720m of Lv 3ph in 100 sqmm bare aa 695,437.14 1045m of Lv Sph in 100 sqmm bare aa 7 6 No. S/L in 25 sqmm 4/c ug cable 309,716.33 6 No. S/L in 25 sqmm 4/c ug cable 8 Per diem, shutdown and press advert 255,000,00 9 Labour & Transport Costs 9,105,410.00 Total Planned Project Cost 41,145,666.48

3 CHAPTER THREE: POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK

The proposed Mwachabo Power distribution line project will comply with all Kenyan legal requirements and the World Bank’s environmental and social safeguards. A brief outline of the operating policy, legal and administrative framework is provided below.

3.1 Policy Frameworks

3.1.1 Constitutional provisions Kenya now has a new Supreme law in form of the New Constitution which was promulgated on 27 th August 2010 to take supremacy over all aspects of life and activity in the New Republic. With regard to environment, Section 42 of the Constitution states as follows:-

In Sections 69 and 70, the Constitution has inter alia identified national obligations in respect of the environment and enforcement of environmental rights respectively as follows:- Section 69 (1): The State shall— (a) Ensure sustainable exploitation, utilization, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits; (b) Work to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya; (c) Protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities; (d) Encourage public participation in the management, protection and conservation of the environment; (e) Protect genetic resources and biological diversity; (f) Establish systems of environmental impact assessment, environmental audit and monitoring of the environment; (g) Eliminate processes and activities that are likely to endanger the environment; and (h) Utilize the environment and natural resources for the benefit of the people of Kenya.

(2) Every person has a duty to cooperate with State organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources.

Section 70 provides for enforcement of environmental rights thus:-

(1) If a person alleges that a right to a clean and healthy environment recognized and protected under Article 42 has been, is being or is likely to be, denied, violated, infringed or threatened, the person may

The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line apply to a court for redress in addition to any other legal remedies that are available in respect to the same matter. (2) On application under clause (1), the court may make any order, or give any directions, it considers appropriate:-

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

Essentially, the new constitution has embraced and provided further anchorage to the spirit and letter of EMCA 1999 whose requirements for environmental protection and management have largely informed Sections 69 through to 71 of the Document. In Section 72 however, the new constitution allows for enactment of laws towards enforcement of any new provisions of the Supreme Law.

3.1.2 Other GOK Policies relevant to environmental conservation (i) Kenya Vision 2030

Kenya Vision 2030 is the current national development blueprint for the period 2008 to 2030 and was developed following on the successful implementation of the Economic Recovery Strategy for Wealth and Employment Creation which saw the country’s economy back on the path to rapid growth since 2002. The objective of the Vision 2030 is to transform Kenya into a middle income country with a consistent annual growth of 10 % by the year 2030. The 2030 goal for equity and poverty elimination is to reduce the number of people living in absolute poverty to the tiniest proportion of the total population. Kenya will aim at a society that guarantees equality of opportunity in accessing public services and providing income-generating activities as widely as possible.

The level and intensity of commercial energy use in a country is a key indicator of the degree of economic growth and development and Vision 2030 identifies energy as one of the infrastructural enablers of the three “pillars” of the Vision. Kenya is therefore expected to use more energy in the commercial sector on the road to 2030 since, as incomes increase and urbanization intensifies, household demand for energy will also rise. Preparations have been made to meet this growth in demand for energy under the Vision.

At the national level, wood fuel and other biomass account for about 68% of the total primary energy consumption, followed by petroleum at 22%, electricity at 9% and others including coal at about less than 1%. Solar energy is also extensively used for drying and, to some extent, for heating and lighting. Electricity remains the most sought after energy source by Kenya society and access to electricity is normally associated with rising or high quality of life. However, its consumption in Kenya is extremely low at 121 kilowatt hours (khw) per capita (compared to 503khw in Vietnam or 4,595khw for South Africa) and national access rate at about 15%. The access rate in the rural areas is estimated at 4%.

Towards reversing this scenario, more resources are being invested towards power generation in tandem with concerted efforts in policy and institutional reforms to bring in new service providers.

With regard to environmental quality, Vision 2030 anticipates a Kenyan nation characterised by a clean, secure and sustainable environment by 2030 and sets the goals for 2012 as ;-(i) to increase forest cover from less than 3% at present to 4%; and (ii) to lessen by half all environment-related diseases. Specific strategies will involve promoting environmental conservation in order to provide better support to the economic pillar flagship projects and for the purposes of achieving the Millennium Development Goals (MDGs); improving pollution and waste management through the design and application of economic incentives; and the commissioning of public-private partnerships (PPPs) for improved efficiency in water and sanitation delivery. Kenya will also enhance disaster preparedness in all disaster-prone areas and improve the capacity for adaptation to global climatic change. In addition, the country will harmonise environment-related laws for better environmental planning and governance.

(ii) Sessional Paper No. 3 of 2009 on National Land Policy

The National Land Policy was formulated with the aim of securing rights over land and provide for sustainable growth, investment and reduction of poverty in line with Government overall development objectives. The policy will offer a framework of policies and laws designed to ensure the maintenance of a system of land administration and management that will provide:

(a) All citizens with opportunity to access and beneficially occupy and use land; (b) Economically viable, socially equitable and environmentally sustainable allocation and use of land; (c) Efficient, effective and economical operation of land markets; (d) Efficient and effective utilization of land and land-based resources; and (e) Efficient and transparent land dispute resolution mechanisms.

(iii) Sessional Paper No 1 of 1996 on Environment and Development: Sessional Paper No 1 of 1996 is the official statement on national policy on environment and was released in 1996 following on recommendations of the National Environment Action Plan (NEAP) of 1994. The NEAP Process had been launched earlier on in 1992 following the Country’s participation in the United Nations Conference on Environment and Development (UNCED) in Rio de Geneiro during which Kenya alongside other nations became signatory to Agenda 21 which called on all nations to pay closer attention to environmental management at national level.

Through Sessional Paper No. 1 of 1996, the Kenya Government guarantees every citizen the inalienable right to a clean and healthy environment and commits to pursue a policy strategy of integrating environmental sensitivity into national development planning process and sets broad policy objectives as follows:- • Optimal use of natural land and water resources in improving the quality of human environment;

• Sustainable use of natural resources to meet the needs of the present generations while preserving their ability to meet the needs of future generations; • Integration of environmental conservation and economic activities into the process of sustainable development; • Meeting of national goals and international obligations by conserving bio-diversity, arresting desertification, mitigating effects of disasters, protecting the ozone layer and maintaining an ecological balance on earth.

Among other provisions, Sessional Paper No. 1 of 1996 also sets out sectoral priorities for environmental sustainability which in most cases have been operationalised through formulation of guidelines for quality and environmental management in respective sectors. A National Environmental Law (EMCA, 1999) has since been enacted to secure implementation of the national policy on environment.

3.1.3 World Bank’s Safeguard Policies (WBSGPs) By virtue of source of funding, the proposed development of TLs by REA is also subject to World Bank requirements for impact assessment. As such, Project Report study has been formulated to address and cater for both Kenyan and World Bank requirements for impact assessment. World Bank projects and activities are governed by Operational Policies, which are clearly spelt out in the Bank's Operational Manual ("Bank Procedures" and "Good Practices"). The World Bank’s safeguard policies are designed to ensure that projects proposed for Bank financing are environmentally and socially sustainable. These operational policies include:

• OP 4.01 Environmental Assessment; • OP 4.04 Natural Habitats; • OP 4.09 Pest Management; • OP 4.33 Cultural Heritage; • OP 4.12 Involuntary Resettlement; • OP 4.10 Indigenous People; • OP 4.36 Forests; • OP 4.37 Safety of Dams; • OP 7.50 Projects on International Waterways ; • OP 7.60 Projects in Disputed Areas.

An analysis of possible triggers of the WB SGPs by the proposed Mwachabo power distribution line (table 3.1 below) indicates that the project is likely to trigger 3 out of 10 policy safeguards out of which, displacement of human settlements and clearing of biodiversity to give way for distribution lines is likely to be the most severe. In sections below, a highlight of requirements of the 3 SGPs likely to be triggered is briefly provided. For a full description of all WB safeguard policies, the reader is referred to www.worldbank.org .

The Environmental and Social Impact Assessment process in respect of the proposed distribution line has also taken cognizance of upcoming World Bank Policies namely;- (i) Interim Guidance Note on land use planning recently unveiled by the Operations Policy and Country Services Quality Assurance and Compliance Unit and the Legal Department Environmental and International Law Unit; and (ii), The Environmental Health and Safety Guidelines (www.ifc.org/ifcext/sustainability.nsf/

Content/Environmental Guidelines ). None of these safeguards are however triggered by the proposed power distribution line. In sections below, brief commentaries on both OP 4.10 and Op 4.12 are provided.

Table 3.1: Analysis of potential triggers to World Bank safeguards policies World Bank Safeguard Triggers Trigger mechanism policy Environmental Triggered Project is category B and has to undergo mandatory Environmental Assessment and Social Impact Assessment in line with OP 4.01 (OP 4.01) Natural Habitats (OP 4.04) Triggered The project will not support or lead to the conversion of natural habitats, and the ESMF forbids any project activities inducing significant conversion or degradation of critical natural habitats. Appropriate mitigation measures will be followed to limit the impact on local fauna, avi-fauna and to protect indigenous plant and tree species along the low voltage line. Forestry (OP 4.36) No Trigger The construction of low voltage distribution lines will not lead to the significant degradation and conversion of critical forest areas and forest ecosystems. Pest Management (OP No trigger Project does not entail Pest Management or any use of chemicals 4.09) Cultural Property No trigger Although it is not expected that the project will affect resources of (OP11.03) physical, cultural, and/or historical importance, a chance finds procedure will be inserted into construction contracts , and Museums of Kenya authorities will be notified if chance finds are made Indigenous Peoples (OP No Trigger There are no known IPs in the route of traverse 4.10) Involuntary Resettlement Triggered Some trees will be removed to create the ROW. Compensation at (OP 4.12) present replacement value based on market assessment will be made for these trees. Safety of Dams (OP 4.37) No Trigger Project will not involve construction of dams Projects on International No trigger No project activities are planned for in Waters (OP 7.50) International Waters Projects in Disputed Areas No Trigger There are no sites classified as disputed in the project area. (OP.60) Total triggers 3

(i) Environmental Assessment (OP 4.01) OP 4.01 requires Environmental Assessment (EA) for projects proposed for Bank financing to ensure that they are environmentally sound and sustainable, and as a basis for decision making. Under OP 4.01 projects are screened and assigned either of four categories each of which requires different levels of environmental assessment as follows:-

• Category A: A proposed project is classified as Category A if it is likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented. These impacts may affect an area broader than the sites or facilities subject to physical works.

• Category B: A proposed project is classified as Category B if it’s 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 mitigation measures can be designed more readily than for Category A projects.

• 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.

• 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.

Although the project will have a positive impact on the environment overall, by improving the supply of energy in rural areas of Kenya, thereby reducing the use of fossil fuels for domestic consumption, and the use of firewood, OP/BP 4.01 is triggered because the physical interventions resulting from the implementation of investments could have low to moderate negative impacts on the environment. The Project is classified as Category B- a project with environmental impacts that are easily identified and mitigated-requiring a partial environmental assessment. As such, this Project Report prepared in line with requirements of LN 101 of EMCA is deemed sufficient to meet all requirements for environmental assessment for this project category.

(ii) Involuntary Resettlement (OP 4.12)

OP 4.12 requires that a Resettlement Action Plan (RAP) be prepared for all projects that anticipate displacement of both settlements and livelihoods . The policy aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts.

(iii) Operational Policy 4.04 on Natural Habitats seeks to ensure that World Bank-supported infrastructure and other development projects take into account the conservation of biodiversity, as well as the numerous environmental services and products which natural habitats provide to human society. The policy strictly limits the circumstances under which any Bank-supported project can damage natural habitats (land and water areas where most of the native plant and animal species are still present). Specifically, the policy prohibits Bank support for projects which would lead to the significant loss or degradation of any Critical Natural Habitats, whose definition includes those natural habitats which are legally protected, officially proposed for protection, or unprotected but of known high conservation value.

Given that the proposed Mwachabo power distribution line will traverse areas through which wildlife disperse to and from the Tsavo West National Park, this SGP remains relevant. The proposed project will be screened critically against requirements of this policy.

Modalities for harmonizing requirements of both the WB SGPs and GOK legal framework Experience has shown that both OP 4.01 of the World Bank and EMCA 1999 are generally aligned in principle and objective in that:-

• Both require Environmental Assessment before project implementation leading to development of comprehensive Environmental and social Management plans to guide resolution of social and environmental impacts as anticipated. • Both require public disclosure of Environmental and Social Impact Assessment and stakeholder consultation during preparation, • While OP 4.01 of World Bank stipulates different scales of Environmental and Social Impact Assessment for different category of projects, EMCA requires Environmental and Social Impact Assessment for all sizes of projects, which are required to be scoped as relevant • Where EMCA requires consultation of Lead Agencies comprising of relevant sectors with legal mandate under GoK laws, the WB has equivalent safeguards for specific interests. • The Bank requires that stakeholder consultations be undertaken during planning, implementation and operation phases of the project which is equivalent to the statutory annual environmental audits at the operation phase of projects in Kenya.

A major guiding principle in this study is that pursuit of an in-depth Project Report process as stipulated by EMCA 1999 is adequate to address all World Bank requirements for environmental and social assessment. I

3.2 The Legal Framework for Environmental Management in Kenya The Environmental Management and Coordination Act (EMCA) No. 8 of 1999 is the supreme environmental law which lays out the legal and institutional framework for environmental management in Kenya. The statute was enacted in 2000 with a view to harmonizing environmental legislation previously scattered in 77 national laws. Under EMCA, provisions and safeguards for environmental management have been put in place as follows:-

3.2.1 Provision of an Institutional Framework In 2001, the Government established the administrative structures to implement EMCA, 1999 as follows:-

The National Environment Council: The National Environment Council (the Council) is responsible for policy formulation and directions for the purposes of EMCA 1999. The Council also sets national goals and objectives and determines policies and priorities for the protection of the environment.

The National Environmental Management Authority: EMCA 1999 allows for formation of the National Environmental Management Authority (NEMA) as the body charged with overall responsibility of exercising general supervision and co-ordination over all matters relating to the environment and to be the principal instrument of government in the implementation of all policies relating to the environment. Under the Act, NEMA was established in 2001 when the first Director General was appointed by the President.

Activities of NEMA are rolled out through three core directorates in charge of Enforcement, Education and Policy. This is the institutional framework under which this Project Report process will be regulated and processed to conclusion.

Public Complaints Committee: Under EMCA 1999, a Public Complaints Committee has been established to provide an administrative mechanism for addressing environmental harm. The Committee whose membership include representatives from the Law Society of Kenya, NGOs and the business community has the mandate to investigate complaints relating to environmental damage and degradation.

3.2.2 EMCA requires Environmental Impact Assessment for new projects Section 58 of EMCA requires that an Environmental Impact Assessment (EIA) Study precede all development activities proposed to be implemented in Kenya. The Act further requires that EIA studies so designed, be executed in accordance with the Guidelines for Conduct of EIAs and Environmental Audits (Kenya Gazette Supplement No. 56 of 13 th June 2003) as published by the National Environmental Management Authority (NEMA). The Second Schedule of EMCA specifies the nature of projects that should undergo Environmental and Social Impact Assessment. Under EMCA however, all projects irrespective of size are to be subjected to Environmental and Social Impact Assessment studies. Under electricity infrastructure, the Second Schedule identifies the following candidate projects as meriting Environmental and Social Impact Assessment Studies:-

• Electricity generation stations, • Electrical distribution lines; • Electrical substations; • Pumped storage schemes; have been specified as projects to be subjected to EIA.

The Project Report for the proposed Mwachabo power distribution line project has thus been designed and conducted in response to this legal requirement and has also taken cognizance of other legal instruments under EMCA as outlined elsewhere below in this report.

3.2.3 EMCA provides for gazzettment of Environmental Regulations Under EMCA 1999, guidelines for environmental management have been promulgated through diverse regulations. We highlight a few of the said regulations against which the proposed development of a 132kV power distribution line will be screened and harmonized.

Environmental (Impact Assessment and Audit) Regulations, 2003 (Legal Notice 101- Kenya Gazette Supplement No. 56 of 13 th June 2003): The Regulations, 2003, stipulate procedures for carrying out Environmental Impact Assessments (EIAs) and Environmental Audits (EAs). Regulation 3 states that “the Regulations should apply to all policies, plans, programmes, projects and activities specified in Part IV, Part V and the Second Schedule of the Act. Regulation 4(1) further states that: ‘‘…no proponent should implement a project……… i) Likely to have a negative environmental impact; or ii) For which an environmental impact assessment is required under the Act or these Regulations; unless an environmental impact assessment has been concluded and approved in accordance with these Regulations…’’.

Among other requirements, these guidelines also prescribe the format and content of Project Reports. LN 101 further sets out the schedule of EIA Fees payable to NEMA by project proponents. 1

Environmental Management and Co-ordination Act (Waste Management) Regulations 2006: These are described in Legal Notice No. 121 of the Kenya Gazette Supplement No. 69 of September 2006. These Regulations apply to all categories of waste as provided in the Regulations. These include: • Industrial wastes; • Hazardous and toxic wastes; • Pesticides and toxic substances; • Biomedical wastes; • Radio-active substances. These regulations outline requirements for handling, storing, transporting, and treatment / disposal of all waste categories as provided therein.

Environmental Management and Coordination Act (Water Quality) Regulations 2006: These are described in Legal Notice No. 120 of the Kenya Gazette Supplement No. 68 of September 2006. These Regulations apply to drinking water, water used for agricultural purposes, water used for recreational purposes, water used for fisheries and wildlife and water used for any other purposes. This includes the following: Protection of sources of water for domestic use; Water for industrial use and effluent discharge; Water for agricultural use. These Regulations outline: • Quality standards for sources of domestic water; • Quality monitoring for sources of domestic water; • Standards for effluent discharge into the environment; • Monitoring guide for discharge into the environment; • Standards for effluent discharge into public sewers; • Monitoring for discharge of treated effluent into the environment.

Conservation of Biological Diversity (BD) Regulations 2006: Legal Notice No. 160 of the Kenya Gazette Supplement No. 84 of December 2006 applies to conservation of biodiversity which includes conservation of threatened species, Inventory and monitoring of BD and protection of environmentally significant areas, access to genetic resources, benefit sharing and offences and penalties. The route of traverse has not been mapped for biodiversity as required by these regulations. However, from investigations undertaken as part of this study, it was observed that the proposed line will largely traverse agricultural settlements where the original natural vegetation has been replaced by crops and the likelihood of occurrence of indigenous biodiversity is quite low. This regulation is that not likely to be triggered.

1 LEGAL NOTICE NO 30 of EMCA (dated 11 th February, 2009) - THE ENVIRONMENTAL (IMPACT ASSESSMENT AND AUDIT) (AMENDMENT) REGULATIONS, 2009 sets new EIA Fees schedules as follows:- 1. These Regulations may be cited as the Environmental (Impact Assessment and Audit) (Amendment) Regulations, 2009. 2. The Environmental (Impact Assessment and Audit) Regulations, 2003, are amended in the Fifth Schedule by deleting item 4 and substituting therefore the following new item – “4. Environmental Impact Assessment licence-0.05% of the total cost of the project, to the minimum of KSh. 10,000 and maximum of KSh. 1,000,000 payable as follows: (a) 50% of the 0.05% being Processing Fee Payable upon submission of a project report; (b) 50% of the 0.05% being licence fee payable upon collection of the Environmental Impact Assessment Licence”.

National Sand Harvesting Guidelines, 2007: These Guidelines apply to all sand harvesting activities in Kenya to ensure sustainable utilization of the sand resource and proper management of the environment. Among Key features, the guidelines empower respective DECs to regulate sand harvesting within areas of jurisdiction implying that, sand should only be sources from approved sites and by approved dealers.

Guidelines on Noise level: NEMA has recently issued draft guidelines on ambient noise levels. In conformity to these guidelines, the Environmental and Social Impact Assessment will formulate measures to ensure that; - the Contractor keeps noise level within acceptable limits and construction activities shall, where possible, be confined to normal working hours in the residential areas; schools, dispensaries and other noise sensitive areas shall be notified by the Contractor at least 5 days before construction is due to commence in their vicinity. Under all conditions, the Contractor must adhere to the Noise Prevention and Control Rules of April 2005.

3.2.4 EMCA requires inter-sectoral coordination In recognition that EMCA is an umbrella law coordinating diverse sectoral statutes all of which are still in force, Legal Notice 101 of EMCA identifies and designates all GOK Agencies with legal mandates over specific sectors to be Lead Agencies for purposes of Environmental Impact Assessment. LN 101 of EMCA further requires that the respective sectors be consulted as Lead Agencies in making decisions pertaining to environmental assessment for projects in respective sectors. This is to ensure that NEMA does not approve projects that contradict sector policies and legislation.

As part of this Project Report process, an analysis of Kenyan laws considered relevant to development and operation of power distribution lines was undertaken following which, sectoral triggers were identified as outlined below.

(i) The Environment and Land Court Act No.19 of 2011: This law was assented to on 27 th August, 2012 and commenced on 30th August, 2033to give effect to Article 162(2)(b) of the Constitution; to establish a superior court to hear and determine disputes relating to the environment and the use and occupation of, and title to, land, and to make provision for its jurisdiction functions and powers, and for connected purposes. Section 13 (1) of the Act gives the Court original and appellate jurisdiction to hear and determine all disputes in accordance with Article 162(2)( b) of the Constitution and with the provisions of this Act or any other written law relating to environment and land. In exercise of its jurisdiction under Article 162 (2) ( b) of the Constitution, the Court shall have power to hear and determine disputes relating to environment and land, including disputes:- (a) relating to environmental planning and protection, trade, climate issues, land use planning, title, tenure, boundaries, rates, rents, valuations, mining, minerals and other natural resources; (b) Relating to compulsory acquisition of land; (c) Relating to land administration and management; (d) relating to public, private and community land and contracts, choses in action or other instruments granting any enforceable interests in land; and (e) any other dispute relating to environment and land.

This statute is deemed relevant to all development proposed for i9mplementatiopn in Kenya as it provides for legal recourse for disputes relating to environment and land. This is a law that any developer including the REA should familiarize with.

(ii) The Energy Act of 2006: Section (4) of the Energy Act 2006 establishes the Energy Regulatory Commission with a mandate under Section 6 of the Energy Act as follows:- i) to formulate, enforce and review environmental, health, safety and quality standards for the energy sector, in coordination with other statutory authorities; and, ii) To enforce and review regulations, codes and standards for the energy sector.

Thus, under Section 6 of the Energy Act, the ERC has full mandate to ensure environmental protection within the energy sector in the capacity of de jure Lead Agency. Further, Section 30(1) and (2) of the Energy Act 2006 requires that ‘The Commission shall, in granting or rejecting an application for a licence or permit, take into consideration;- (i) the impact of the undertaking on the social, cultural or recreational life of the community; and (ii), the need to protect the environment and to conserve the natural resources in accordance with the Environmental Management and Coordination Act of 1999.

This Project Report process has partly been undertaken in fulfillment of requirements of the Energy Act and indeed, the final output will be reviewed by the ERC in the capacity of Lead Agency.

(iii) Roads Act 2007: The core feature of the Kenya Roads Act 2007 which came into effect in September 2007 was the creation of Three autonomous Authorities (KeNHA), KeRRA and KURA) to take care of National, Rural and Urban Roads respectively. Sections 3(2) (b), 4(2) (b) and 10(2) (b) are quite relevant to development and operation of power distribution lines as they place all road reserves under the respective jurisdictions of KeNHA, KeRRA and KURA depending on the category of the road. In essence, any infrastructure service provider intending to utilize a road reserve will require consent of the respective road authority. Further, under Section 27, the respective road authority has power to cause relocation of infrastructure from the road reserve thus:-

(2) Where any infrastructure utility is located within a road reserve, the provider or operator of such infrastructure utility shall, upon written request by the responsible Authority, relocate such infrastructure utility to a location or alignment approved by the Authority at no cost to the Authority.

(3) Where an Authority intends to exercise any power under subsection (2) it shall give reasonable notice of its intention to do so to the person having control of such infrastructure utility, and such person shall cause to be removed such infrastructure utility within sixty days.

(4) Where, under subsection (2) or (3), any person having control of an infrastructure utility fails to remove such infrastructure utility within the time stated in the notice, the concerned Authority may remove such infrastructure utility at the cost of the person who was unable to comply with the notice under subsection (3).

Given the provisions of the Roads Act 2007, it is important that all developers targeting to use road reserves to liaise closely with the relevant road authorities. The same position was articulated during consultations with KeNHA and KeRRA undertaken as part of this study.

(iv) The Agriculture Act, Cap 318: This statute seeks to promote and maintain a stable agriculture, to provide for the conservation of the soil and its fertility and to stimulate the development of agricultural land in accordance with the accepted practices of good land management and good husbandry. This Act primarily guides and regulates farming practices. The Agriculture Act is the principal land use statute covering, inter-alia, soil conservation and agricultural land use in general.

In 2009, the Minister for Agriculture gazetted The Agriculture (Farm Forestry) Rules, 2009 with the objective and purpose of promoting and maintaining farm forest cover of at least 10 per cent of every agricultural land holding and to preserve and sustain the environment in combating climate change and global warming.

Rule 5 (1) requires every person who owns or occupies agricultural land shall establish and maintain a minimum of 10 percent of the land under farm forestry which may include trees on soil conservation structures or rangeland and cropland in any suitable configurations; provided that the species of trees or varieties planted shall not have adverse effects on water sources, crops, livestock, soil fertility and the neighborhood and should not be of invasive nature.

Rule 6 allows an inspector to take action within area of jurisdiction to ensure that land owners and occupiers comply with requirements of rule 5 above. Regulation 10 on harvesting of farm trees requires the following:

(1) Every land owner or occupier shall ensure that harvesting of trees shall be done in such a manner as to maintain a 10 per cent tree cover at all times, with large scale harvesting requiring a harvesting plan as governed by the provisions of the Forest Act No. 7 of 2005.

(2) The District Agricultural Committee shall establish mechanisms to facilitate the process of notification and approval for ease of harvesting by land owners or occupiers.

(3) A person shall not harvest trees from a farm forest without notification and approval as provided for in paragraph (2).

(4) Harvesting, processing and movement of farm forest products for commercial purposes shall be governed by the provisions of the Forest Act, No. 7 of 2005.

From this analysis, it is apparent that a new approach to treatment of on-farm trees has been established. As such, contrary to past practices, contractors contemplating removal of farm trees to create way leaves will require authority from the District Agricultural committees.

(v) The Lands Act No. 6 of 2012: The Land Act was enacted by Parliament to give effect to Article 68 of the Constitution, to revise, consolidate and rationalize land laws; to provide for the sustainable administration and management of land and land based resources, and for connected purposes. The Act applies to all land declared as (a) 22

The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line public land under Article 62 of the Constitution; (b) private land under Article 64 of the Constitution; and (c) community land under Article 63 of the Constitution and any other written law relating to community land.

The Land Act guarantees security of tenure for land under ( a) freehold; ( b) leasehold; ( c) such forms of partial interest as may be defined under the Act and other law, including but not limited to easements; and ( d) customary land rights, where consistent with the Constitution and guarantees equal recognition and enforcement of land rights arising under all tenure systems and non-discrimination in ownership of, and access to land under all tenure systems.

Under the Lands Act 2012, The Way leaves Act, Cap 292 and The Land Acquisition Act, Cap. 295 have been revoked but Sections 8 and 9 allow for Compulsory Acquisition as an option in acquiring land for public utility.

(vi) The Land Registration Act, No. 3 of 2012: The Land Registration Act (LRA), 2012was assented to on 27th April, 2012 and commenced on 2nd May, 2012 with the objective and purpose of revising, consolidating and rationalizing the registration of titles to land to give effect to the principles and objects of devolved government.

Sections 18 to 21 of the LRA 2012 deal with establishment and maintenance of boundaries to land. Section 21(1) is relevant to development of power distribution lines in it that it criminalizes interference with boundaries thus;- Any person who defaces, removes, injures or otherwise impairs a boundary feature or any part of it unless authorized to do so by the Registrar commits an offence and is liable on conviction to imprisonment for a term not exceeding two years or to a fine not exceeding two hundred thousand shillings or to both.

Under the LRA 2012, Statutes previously related to land property namely;- The Indian Transfer of Property Act 1882, The Government Lands Act, (Cap 280), The Registration of Titles Act, (Cap 281), The Land Titles Act, (Chapter 282) and The Registered Land Act, (Cap. 300) now stand repealed.

(vii) The Physical Planning Act (Cap 286): This Act provides for the preparation and implementation of physical development plans for connected purposes. It establishes the responsibility for the physical planning at various levels of government mainly the District Level. The Act provides for a hierarchy of plans in which guidelines are laid down for the future physical development of areas referred to in the specific plan. The intention is that the three- tier order plans, the national development plan, regional development plan, and the local physical development plan should concentrate on broad policy issues. The Act also advocates for public participation in the preparation of plans and requires that proper consideration be given to the potential for economic and social development.

This Project Report study has confirmed that planning of the RE Projects under KEEP has taken account of regional development plans and will specifically seek to utilize existing way leaves. Public consultations have been undertaken as part of this study to ensure that sectoral policies and strategies are adhered to in course of developing the power lines.

(viii) Local Government act Cap 265:

A principal target of the REA component of KEEP is to electrify market centres which are created and governed under Cap 265. Specifically, under Cap 265, LA have planning jurisdiction and control for all land under the Authorities area. As such, any development targeting use of any land under LAs will require consent as appropriate. The same should apply to use of any way leaves under the jurisdiction of a county council.

Cap 265 also empowers LAs to act in the protection of the environment. This Act empowers the Municipal Authority to provide and maintain sanitation and sewerage services and to take measures to control or prohibit factories and industries from emitting smoke, fumes, chemicals, gases, dust, smell, noise, vibrations or any danger, discomfort or annoyance to the neighbourhood and to control disinfections particularly using cyanide. They are empowered to punish those disrupting sanitation or sewerage lines and can compel owners to construct sewage line into the systems and drainages.

(ix) The Occupation Health and Safety Act 2007: This is an Act of Parliament to provide for the safety, health and welfare of workers and all persons lawfully present at workplaces, to provide for the establishment of the National Council for Occupational Safety and Health and for connected purposes. The Act has the following functions among others:-

• Part VI of the Act gives the requirements for occupational health provisions which include cleanliness, ventilation, overcrowding, etc. • Part VII of the Act contains provisions for the safe operation of machinery and includes all prime movers and distribution equipment. Additionally this part includes the safe operation of cranes, chains, ropes, lifting tackles, pressure vessels and their statutory examination by DOHSS Approved Persons. • Part VIII of the Act contains provisions for general safety of a workplace especially fire safety. This part of the Act will apply to the proposed project during the design, construction and operational phases respectively of the project. • Part IX of the Act deals with Chemical Safety. This will not be applicable to the proposed project as it will not handle and transport hazardous materials. • Part X of the Act deals with the General Welfare conditions that must be present during the operational phase of the project. Such conditions include first aid facilities, supply of drinking water, etc. • Part XI of the Act contains Special Provisions on the management of health, safety and welfare. These include work permit systems, PPE requirements and medical surveillance. All sections of this part of the Act will be applicable to the proposed project during the operational phase.

Section 8.2 of this Project Report has outlined clear modalities to be followed by contractors towards mitigating/minimizing/avoiding occupational health and safety hazards.

(x) The Wildlife (Conservation and Management) Act (Cap 376): This principal Act regulates wildlife conservation and management in Kenya. The Act establishes Kenya Wildlife Service (KWS) as the implementing agency. Under section 9 and subsection 3A, the functions of KWS are stated among others as: to provide advice to the government and local authorities and landowners on the best methods of wildlife conservation and management and authority to ensure viability of conservation areas. Furthermore, the Minister responsible for wildlife has discretionary

The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line powers to promulgate such regulations to enhance the management of such conservation areas, so long as the regulations so promulgated are reasonable and not ultra vires to the parent Act.

Investigations conducted within the route of traverse revealed that, there are per se, no areas controlled by the KWS under Cap 376. However, Mwachabo location comprises an import ant dispersal area for wildlife moving from the Shimba Hills National Park in the South to the Tsavo West National Park efforts will be made to minimize damage to wildlife habitat especially trees which are crucial for maintaining minimum viable populations.

(xi) The Forests Act 2005: The Forests Act 2005 repealed Cap 385 of the Laws of Kenya and provides for the establishment, control and regulation of forests. The Act confers powers on the Minister responsible of Forests to set aside specific areas for the conservation of fauna and flora, for the management of water catchments, prevention of soil erosion or for the protection and management of indigenous forests on alienated Government land. Such forest land includes those formerly gazetted under Cap 385, thus essentially putting the control of all Kenyan forests under a single statute.

The Forests Act 2005 makes illegal, any alienation of gazetted forest land for any purposes considered contradictory to the dictum of conservation, requiring that, such proposals to be debated and approved by Parliament, after completion of a comprehensive Environmental and Social Impact Assessment Study. Further, towards operationalizing the Forests Act 2005, the KFS has gazetted forest rules namely:- The Forest (Harvesting)Rules, 2009; The Forest (Charcoal making) Rules, 2009; and, The Forest (Participation in sustainable management) Rules, 2007 but in our view, nothing in the proposed power distribution line occasions triggers to either the parent law or its subsidiary legislation. However, as observed elsewhere above in this report, the main trigger is likely to be in the Farm Forestry Rules gazetted under Cap 318.

(xii) Occupiers Liability Act (Cap. 34) revised 2009 Rules of Common Law regulates the duty which an occupier of premises owes to his visitors in respect of danger and risk due to the state of the premises or to things omitted or attributes an affliction on his/her health to a toxic materials in the premises. In additional to creation of a way leave, the REA working with local leadership will mount a public sensitization programme to ensure that people are aware of the hazards posed by presence of powered distribution lines.

(xiii) Penal Code (Cap.63) The Act makes it criminal for anybody to pollute common resources such as air, public water supply, acoustic quality, etc and stipulates fines for diverse offences. The EMP prepared as part of this Project Report has identified nuisances as potential adverse impacts of the project and has recommended activities towards mitigation/ minimization/ avoidance of nuisances arising from the project activities.

(xiv) The Standards Act Cap 496 The Act is meant to promote the standardization of the specification of commodities, and to provide for the standardization of commodities and codes of practice; to establish a Kenya Bureau of Standards, to define its functions and provide for its management and control. Code of practice is interpreted in the Act as a set of rules relating to the methods to be applied or the procedure to be adopted in connection

The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line with the construction, installation, testing, sampling, operation or use of any article, apparatus, instrument, device or process.

The Act contains various specifications touching on electrical products and the Proponent shall ensure that commodities and codes of practice utilized in the project adhere to the provisions of this Act.

(xv) Public Roads and Roads of Access Act (Cap. 399) Sections 8 and 9 of the Act provides for the dedication, conversion or alignment of public travel lines including construction of access roads adjacent lands from the nearest part of a public road. Sections 10 and 33 allow for notices to be served on the adjacent land owners seeking permission to construct the respective roads. The proponent has confirmed to this study that no new access roads will be opened up and the project will rely on existing roads.

(xvi) The Coast Development Authority Act No 6 of 1989 (Cap 444): The Coast Development Authority Act was enacted in 1989 and commenced on January 18 th , 1999 expressly to provide for the establishment of the Coast Development Authority (CDA) to plan and coordinate the implementation of development projects in whole of the Coast Province and the exclusive economic zone and for connected purposes. Under Section 8, the CDA Act outliners function of the CDA as follows:-

a) to plan for the development of the Area and initiate project activities identified from such planning in the development and through the Government generally; b) to develop an up-to-date long range development plan for the Area; c) to initiate such studies, and carry out such surveys of the Area as may be considered necessary by the Government or the Authority, and to assess alternative demands within the Area on the natural resources thereof, and initiate, operate, or implement such projects as may be necessary to exploit those natural resources including agriculture (both irrigated and rain fed), forestry, wildlife and tourism industries, electric power generation, mining, and fishing, and to recommend economic priorities; d) to co-ordinate the various studies of schemes within the Area such that human, water, animal, land and other resources are utilized to the best advantage and to monitor the design and execution of planned projects within the Area; e) to effect a programme of both monitoring and evaluating the performance of projects within the Area so as to improve such performance and establish responsibility thereof, and to improve future planning; f) to co-ordinate the present abstraction and use of natural resources, especially water, within the Area and to set up effective monitoring of abstraction and usage; g) to cause and effect the construction of any works deemed necessary for the protection and utilization, of the water and soils of the Area including hydro-power development for multipurpose utilization of water resources; h) to ensure that landowners in the Area undertake all the measures specified by the Authority to protect the water and soils of the Area; i) to identify, collect, collate and correlate all such data related to the use of water and other resources and also economic and related activities within the Area as may be necessary for the efficient forward planning of the Area;

The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line j) to maintain a liaison between the Government, the private sector and other interested agencies in the matter of the development of the Area with a view limiting he duplication of effort and ensuring the best use of the available technical resources; k) to examine the hydrological effects and the subsequent ecological changes on the development programmes and evaluate how they affect the economic activities of the persons dependent on river environment; l) to implement development projects and programmes whose primary objective is to promote socio- economic development of the Coast Province in particular and Kenya in general; m) to plan and liaise with the relevant authorities as necessary in the exploration and development of the extensive fishing and marine activities an Kenya especially the exclusive economic zone.

The areas targeted for electrification under the current project fall within the planning jurisdiction of the CDA. Caution therefore has been taken to link the proposed development to the CDA in course of Stakeholder consultations.

(xvii) The Limitations of Actions Act (Cap. 22) This Act provides for recognition of squatters and the conditions under which they would have rights for compensation for loss of land. If squatters have been in occupation of private land for over twelve (12) years, then they would have acquired rights as adverse possessors of that land as provided under the Limitation of Actions Act, section 7. Investigations undertaken for this Project Report did not identify any land users who merited classification as squatters in which case, no further action in respect of this statute is recommended.

(xviii) The Civil Aviation Act, Cap 394 Under this Act, the Kenya Civil Aviation Authority (KCAA) has to authorize and approve the height of all proposed masts for purposes of ensuring the safety of flying aircraft over the proposed project area. However, investigations conducted under this study did not come across any airstrip that would warrant triggers to Cap 394.

(xix) The Water Act 2002 In March 2003, the Water Act 2002 came into effect to provide a legal framework for management and conservation of the national water resource base in line with policy changes in the sector. New institutions with separate functions have now been established, and decentralized decision making is reflected in autonomous regional bodies. Henceforth, these are the institutions with which all works touching on water resources have to coordinate with. They include:

Ministry of Water and Irrigation: The MWI is the trustee of all water resources in the country. The present key roles and functions of the MWI have been defined in the National Water and Sanitation Services as: water policy formulation; water resources management policy; apportionment of water resources and abstraction licensing; appointment of water undertakers; regulation, setting and approval of standards; approval of water tariffs, levies, rates and charges; development and operation and maintenance of urban and rural water supply systems; wastewater treatment and control; water quality and pollution control; catchment area conservation; water conservation (by National Water Conservation and Pipeline Corporation); irrigation and dam construction schemes; flood control and land reclamation (MWRMD, 2003).

The Water Resource Management Authority: This is a body corporate charged (under Section 8(1) of the Water Act 2002) with the overall responsibility of overseeing sustainable development of the national water resource base. The functions of the WRMA as provided in Section 8 of the Water Act 2002 is to manage, protect and conserve the water resources with regional offices at catchment levels for decentralized decision-making, quick response to water resources management problems and for speedy water allocation process.

In order to coordinate activities in water resource management, WRMA has issued Guidelines for Water Resource Management (LN 171), Part IX of which specifies code of conduct with regard to activities in riparian areas. In the impression of this study, there are no triggers to the Water Act and its LN 171.

This National Museums and Heritage Act, 2006: The National Museums and Heritage Act was enacted and commenced on 8th September 2006 for the following purposes:- (i) to consolidate the law relating to national museums and heritage; (ii) to provide for the establishment control, management and development of national museums and the identification, protection, conservation and distribution of the cultural and natural heritage of Kenya; (iii) to repeal the Antiquities and Monuments Act and the National Museums Act; (iv) and for connected purposes.

Under Section 25, Cap 216 allows for declaration of National Heritage sites which then remain protected from any annihilation or alteration under the law. This Project Report process has taken precaution to ascertain that none of the areas traversed by the proposed Mwachabo Power distribution line harbours assets gazetted under Cap 216.

3.2.5 EMCA requires conformity to International Conventions, Treaties and Agreements Kenya is a signatory as well as a party to various international conventions, treaties and protocols relating to the environment and aimed at achieving sustainable development. According to the Registrar of International Treaties and other Agreements in Environment (UNEP 1999), there are 216 such 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 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.

Protocols towards protection of the natural environment: There are 16 agreements of significance to Kenya especially due to its high dependence on fuel wood and hydropower. At international level, Kenya has signed and ratified the following tools:- Convention on Biological Diversity, 1992; United Nations Convention to Combat Desertification 1994; the International Plant Protection Convention 1951; the Convention on Wetlands of International Importance (Ramsar 1971); Convention on International Trade in Endangered Species (CITES) of Wild Fauna and Flora, 1990, which protects forests as habitat for endangered species; and also , Convention concerning the Protection of World Cultural and Natural Heritage, 1972, which also protects threatened plants.

For purposes of this study, the proposed power distribution line was screened for possible against all the 10 conventions for possible triggers. Though none were explicitly identified, it is worth noting that tree removal towards creating way leaves is a precursor to the desertification process.

Table 3.3: Screening of the proposed power distribution line project against international treaties on protection of nature No Convention Status in Remarks project area International Plant Protection Convention 1951 No trigger Convention on Wetlands of International Importance No trigger (Ramsar 1971) Convention concerning the Protection of World No trigger Cultural and Natural Heritage, 1972 Convention on International Trade in Endangered No Trigger Species (CITES) of Wild Fauna and Flora, 1990 Convention on Biological Diversity, 1992 No trigger Agenda 21 of the United Nations Conference on Legally non-binding Environment and Development-UNICED (The Rio Conference) United Nations Convention to Combat Desertification No trigger Tree removal is a precursor to 1994 desertification

Protection of the Atmosphere: Most of the greenhouse and ozone depleting emissions emanate from man’s activities in sourcing energy and as such, the conventions in this area mainly aim at protecting the atmosphere from harmful emissions. Kenya is party to the Vienna Convention of 1985 on Protection of the Ozone Layer together with its three Protocols of 1990, 1992 and 1994. Kenya is also a signatory to the United Nations Framework Convention on Climate Change (UNFCCC) 1992, and its Kyoto Protocol of 1997) which principally aims at cutting down on emission of greenhouse gases. Both conventions are deemed quite relevant to projects targeting substitution of biomass energy with cleaner energy sources such as the proposed rural electrification. The observation here is that though removal of trees to create way leaves directly impacts on the carbon sink, the shift from kerosene and biomass to use of electricity has a more significant impact of emission of greenhouse gases. Removal of trees is thus seen as a necessary cost towards adoption of cleaner energy.

Table 3.4: Screening of the proposed power distribution line project against international treaties on protection of the atmosphere No Convention Status in Remarks project area The 1985 Vienna Convention on Protection of the Ozone Layer The 1987 United Nations Montreal Protocol on No trigger substances that deplete the ozone layer The 1992 United Nations Framework Convention Trigger Tree removal impacts on the on Climate Change (UNFCCC) which led to the carbon sink but use of electricity Kyoto Protocol of 1997 for lighting cuts down on GHG. The 1997 Kyoto Protocol on Climate Change Trigger

3.3 The Regulatory Framework This Project Report Process is subject to control by three administrative frameworks namely:-

3.3.1 The Rural Electrification Authority-REA The Rural Electrification Authority (REA) is a State Corporation established under Section 66 of the Energy Act, 2006 (No 12 of 2006) to manage the Rural Electrification Programme including the formulation of a rolling Rural Electrification Programme Master Plan which would present least-cost electrification options for target areas. In the capacity of Employer in this Study, REA has defined the scope and coverage of the Project which to a large extent determines the depth of the study to be undertaken. Towards this, the Employer has stipulated Study tasks to be executed towards ensuring a comprehensive, legally proficient study output. The REA thus wields the administrative framework towards supervision and quality control of the study.

3.3.2 The Energy Regulatory Commission-ERC The Energy Sector in Kenya is regulated by the ERC which was established under the Energy Act of 2006. Section 6 of the Energy Act 2006 confers on the ERC a mandate to ensure environmental protection within the energy sector in the capacity of de jure Lead Agency. Section 6 of the Energy Act empowers the ERC to formulate, enforce and review environmental, health, safety and quality standards for the energy sector, in coordination with other statutory authorities; and, to enforce and review regulations, codes and standards for the energy sector. Further, Section 30(1) and (2) of the Energy Act 2006 requires that ‘The Commission shall, in granting or rejecting an application for a licence or permit, take into consideration; - (i) the impact of the undertaking on the social, cultural or recreational life of the community; and (ii), the need to protect the environment and to conserve the natural resources in accordance with the Environmental Management and Coordination Act of 1999.

This Project Report has partly been prepared in fulfillment of requirements of the Energy Act 2006 and indeed, the final output will be reviewed by the ERC in the capacity of Lead Agency.

3.3.3 The National Environmental Management Authority-NEMA EMCA 1999 allows for formation of the National Environmental Management Authority (NEMA) as the body charged with overall coordination of environmental protection in Kenya. A Director General (DG) appointed by the President heads the Authority established in 2001. Several Directors in charge of Enforcement, Education, Policy, who are assisted by Assistant Directors and Senior Officers under them, assist the DG. To facilitate coordination of environmental matters at District level, EMCA 1999 allows for creation of District Environmental Committees (DEC) traditionally chaired by respective District Commissioners. However, in order to align to requirements of Kenya Constitution 2010, NEMA has devolved functions to Counties. Under the New arrangement, EIA licensing for projects will take place at either the County or National level depending on the perceived environmental risk category as per the NEMA advert of 9 th July 2012.

Thus this Project Report recognizes NEMA as the sole regulator of EIA processes in Kenya. Indeed, the second objective of the Project Report is to facilitate Environmental Licensing of the 33 kV Distribution line by NEMA; in which case, the Report has to ensure compliance with all standards as set out by NEMA in capacity of Environmental Regulator in Kenya. The Project Report Process has thus been tied up to the NEMA institutional framework at Head Office and County levels.

4 CHAPTER FOUR: THE BASELINE ENVIRONMENT

4.1 The Bio-physical baseline

4.1.1 Location and administrative set-up The entire Mwachabo power distribution line project falls within the Mwatate District of Taita Taveta County. Specifically, the Mwachabo location targeted for power supply lies to the south of the Mwatate- Taveta (A23) road to the west of the Teita Sisal Estate.

4.1.2 Relief and physiographic profile Mwatate District comprises the lowland belt of the Taita Taveta Highland-Lowland Continuum. Mwachabo location is situated in the Taita lowlands which is part of the expansive lowland area extending from the Yatta Plateau in the East to beyond the Tanzanian boundary in the west and which contains the Tsavo East and West National Parks. Relief is dominated by a generally flat, monotonous plain which is only interrupted by minor local depressions and occasional inselbergers. Altitude generally averages 700 m above sea level.

Plate 4.1: An inselberg in the Mwatate Plains

4.1.3 Climatic regime Rainfall data for the Voi Meteorological station which is considered nearest to the Project area is presented in Table 4.1. On account of low altitude and absence of relieve barriers, annual rainfall in the Mwatate lowlands in a low of 555mm. Annual rainfall is delivered in 2 distinct wet seasons lasting March to April and November to December with the bulk of rainfall occurring in the second season. June to September marks a severe dry season with mean monthly rainfall generally below 20mm.

Table 4.1: Climate data for the Mwatate area based on the Voi Meteorological station 31

Month Daily Daily Daily Daily Monthly Monthly Monthly maximum minimum Sunshine wind evaporation mean rainfall mean rainfall Temp ( oC) Temp ( oC) hours run (Voi) (Taveta) Jan 31.6 20.1 8.1 92.5 191 34 57 Feb 32.9 20.2 7.4 95.1 195 29 42 Mar 33.3 20.8 7.7 100 211 79 95 Apr 31.8 20.4 7 116.9 174 100 143 May 29.9 20 7 149.6 169 30 64 Jun 29 18.3 6.9 161.4 173 6 19 Jul 28.1 17.5 6.1 168.3 174 3 12 Aug 28 17.2 5.7 179.3 167 8 12 Sep 29.2 17.6 6.7 156.8 178 15 12 Oct 31.1 18.9 8.4 137.5 206 26 21 Nov 31.4 20.1 7.7 103.2 181 106 120 Dec 30.6 20.4 7.8 87 170 119 76 Total 2189 555 673 Max 33.3 20.8 8.4 179.3 211 119 143 Min 28 17.2 5.7 87 167 3 12 Ave 30.6 19.3 7.2 129 182 46 56

For purposes of this study, climate of the proposed traverse has been calibrated against standard parameters namely the climatic index as determined by the ratio of rainfall (r) to potential evapotranspiration (Eo) based on the method of Sombroek et. al, 1982. 2 With a mean annual rainfall of 555mm and an equivalent potential evapotranspiration of 2189mm, Mwatate area has a climatic index (r/Eo ratio) of 0.25 which translates to a Climatic Zone V which is semi-arid, fairly hot to very hot. Monthly rainfall does not exceed potential evapotranspiration demand in any month (Fig 4.2) implying that moisture scarcity poses the most severe limitation to ecological productivity in the area. Past studies on local rainfall patterns (Ogallo, 1979) suggest that long-term rainfall patterns in Taita include cyclical droughts, such as those experienced in 1887, 1921, 1970-71, 1974-75. In the last 30 years (1969- 1999), the major droughts were experienced in 1984, 1988 and in 1998.

250 Moisture balance for the Mwatate area 200

150

100

50 Monthly Monthly rainfall/PET(mm) 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Mean monthly PET(mm) Monthly mean rainfall (mm)

Figure 4.1: Seasonal moisture balance for Mwatate area

4.1.4 Cover vegetation Mwatate area is semi-arid characterized by Savannah bush land comprised of Acacia-Commiphora Dryland Forest, where the dominant species include; Acacia tortilis, Acacia nilotica, Acacia bussei, Acacia hockii, Commiphora africana, Commiphora campestris, Commiphora confusa. The average canopy height is between 5-7m with the maximum height being approximately 10m. There are occasional taller hardwood species such as Terminalia spinosa, Melia volkensii, Boscia coriacea, Cassia abbreviata, Newtonia hildebrantii. On account of human incursion, the original vegetation has been removed either in total as in the case of the Teita Sisal Estate or partially to provide wood for building and charcoal making. Remaining bushlands are subsequently dominated by low growing shrubs comprised of Commiphora spp, Balanites, Accacia spp, Terminalias, among others (Plate 4.2).

Plate 4.2: Remnant semi-arid vegetation in the Mwachabo Location

Of special mention are the local isolated hills within the project area where vegetation is fairly intact and is reputed to be teeming with wildlife species such as lions, leopards, among others. Given the close vicinity to the Tsavo West National Park, the southern parts of Mwatate District are home to a diversity of over 50 species of large mammal, more than 20 species of bats, over 300 species of birds and important populations of IUCN Red List species such as Grevys zebra (Equus grevyi), Cheetah (Acinonyx jubatus), Lion (Panthera leo), African wild dog (Lycaon pictus) as well as the African elephant (Loxidonta africana). Such wildlife occasionally disperses into the Mwachabo location.

4.1.5 The socio-economic profile

4.1.6 The inhabitants Mwatate District is primarily inhabited by the Taita who are native to this area. However, the employment and trade opportunities presented by large-scale sisal farming, tourism, mining and cross- border trade at Taveta have attracted people from other communities who have formed cosmopolitan settlements in Mwatate Town and other trading centers.

4.1.7 Population dynamics As at the 2009 National Population Census, the then Mwatate Division (now a District) had a total population of 60,698 people comprised of 15,839 Households. Mwachabo location had a population of 12,263 people comprised of 3,065 households. Being a new settlement and on account of presence of the Teita Sisal Estate, the population density is low, at 31 persons per square kilometer.

Table 4.2: Population statistics for Mwatate District Administrative Pop statistics (2009 Census) Unit Men Women Total Households Density (Pers/km 2) Mwakitau Loc 3,426 3,500 6,926 1,859 10 Bura Loc 4,813 5,146 9,959 2,707 38 Mwachabo Loc 6,355 5,908 12,263 3,065 31 Mwatate Loc 7,444 7,064 14,508 4,050 42 Mwatate Div 30,420 30,278 60,698 15,839 35

4.1.8 Land use and livelihoods Large-scale sisal farming comprises the main land use within Mwachabo location. Outside of the large- scale farms, livelihoods are based on subsistence mixed agriculture in which crop farming is combined with keeping of local animals while others rely on trade. On account of aridity, crop farming is a risky business on which account, this location frequently relies on food relief.

4.2 Ecologically sensitive resources Mwachabo location shares common boundaries with the Tsavo West National Park on which account, it is an important habitat and dispersal area for wildlife. This ecological function is however threatened by increased bush clearing for agricultural settlements.

5 CHAPTER FIVE: STAKEHOLDER CONSULTATIONS

5.1 Need for stakeholder consultations Legal Notice of 101 of June 2003 requires that all environmental assessment process in Kenya to incorporate Public Consultation - a requirement informed by awareness that stakeholders are largely in the constituency likely to be impacted by proposed developments and it is imperative that they be informed of the project following which they can make informed comments and reactions to the proposed development. It is also important to ensure that all stakeholder interests are identified and incorporated in project development, implementation and operation and, against such background, consultation was undertaken with a cross section of stakeholders both within and outside the project area of influence with the following objectives:-

i) To disclose the project to both primary, secondary and other stakeholders; ii) To obtain the reaction/comments/concerns of all stakeholders which is integral to the impact prediction and interpretation process iii) To obtain on the ground information of the pre project baseline. Thus, fieldwork combined both stakeholder consultation and documentation of the baseline environment.

5.2 Approach to stakeholder consultation

5.2.1 Identification of stakeholders The proposed distribution lines comprise a unique project in that, right from onset, project design entails acquisition of land for construction of permanent overhead structures traversing close to 35.3 kilometers of land. Of necessity, numerous people are likely to be affected by the project and are therefore bona-fide stakeholders demarcated by the decision to follow the proposed route of traverse. The same were identified and consulted through diverse for a as outlined elsewhere below.

This study also identified other categories of stakeholders comprised of GoK offices, parastatals etc within sectors deemed likely to be impacted by the project. This category was also consulted as key informants on sectoral policy and to advise this EIA study on mitigation measures to be put in place so as to minimize adverse impacts in respective sectors. In this category were also included local policy makers and opinion leaders, local administration, local authorities, civic leaders among others.

5.2.2 Levels in stakeholder consultations Of necessity, stakeholder consultations should take place alongside project design and implementation to ensure that the project puts in place measures to cater for stakeholder concerns in all project phases. In case of the proposed development of power distribution lines, stakeholder consultation was approached at four levels namely;-

i) Briefing by Project Engineers : Briefing commenced after negotiating the contract and consisted of discussions between the Consultant and the SWECO/Aberdare Engineers team. During such discussion, the Engineers clarified the scope and expectations; mode of contract administration and deliverables on the contract, and also provided information on project design to the consultant. Notably, the consultant obtained design reports and maps from the feasibility study phases of the project and also obtained contacts for supervision team on the ground.

ii) National Level consultation: This entailed consultation with the project design team, Client and Lead agencies (KFS and KeRRA) deemed relevant to the project. Such consultations applied to the entire 8 schemes that were the subject of the contract for EIA.

iii) County and District Level consultations : These were mounted at respective counties and districts with discussion focusing on project falling within such jurisdiction. However as expected, the reaction especially from government sectoral Agencies (Education, KFS, Agriculture, Public Health etc) are cross-cutting and hence applicable to all the 8 projects irrespective of the administrative jurisdiction. Thus views of the KFS, KeRRA, Public Health, Agriculture etc have been applied in developing the project report and by extension the EMP for the entire 8 projects.

iv) Project level consultations: Consultations have targeted residents of Mwachabo location who essentially are the primary stakeholders to the project. While discussions at district level mainly targeted line ministries those at county level mainly targeted county and regional offices such as, county commissioners, county councils, KeRRA regional officers, County Forest Coordinators etc where the target was to obtain sectoral position on potential impact of rural electrification to that sector.

5.2.3 Methodologies in stakeholder consultation: All consultations for this Study were undertaken by the Team Leader. Consultations generally employed diverse methodologies depending on the target audience. Methodologies included;

• Key informant interviews:- • Focus Group Discussions (FGD):- • One to one consultations: These were held with local residents or traders when it was not possible to cause for a quorum for a focus group discussion. At the end of an interview each informant was requested to sign the comments as registered by the Team Leader. • Indirect consultations: Numerous individuals and institutions previously played diverse roles in the formulation and design of the power distribution lines project and though it was not possible to make direct contacts with them, the same was achieved through study and review of outputs left behind in form of reports. Thus, considerable time input was devoted to review of project documents towards preparation of this Project Report. Appendix 5.1 provides a list of documents reviewed as part of this study.

5.2.4 Progress in consultation A summary and tally of the entire stakeholders consulted for this project is provided in table 5.1 below. Essentially a total of 27 people were consulted and this includes the national level stakeholders (the Project Design Engineers, the Rural Electrification Authority (REA), Kenya Forest Service (KFS), the Kenya Rural Roads Authority-KeRRA, etc) and some county based GOK stakeholders whose inputs are deemed relevant to all the 8 rural electrification schemes contracted for environmental impact assessment.

A record of Nairobi based consultations is provided in Appendix 5.2 below while Appendix 5.3 provides a record of project specific consultations conducted in Taita Taveta County, Mwatate District and the Mwachabo location (Plate 5.1).

Plate 5.1 : Stakeholder consultation at Kamtonga Trading Centre

County/ Provincial administration: In the capacity of coordinator of GOK business at grassroots level, this sector was contacted in all the 8 counties targeted for REP scheme development with outcome as follows:-

i) The sector is not aware of any adverse environmental and social impacts associated with rural electrification. ii) At locational and divisional level, this sector required that project contractor to establish contact and linkage so as to ensure incident free construction of the power lines. iii) Chiefs contacted also requested to be involved during construction and commissioning of the power lines so as to ensure community mobilization towards securing of the investment (Transformers) from theft and vandalism.

The Kenya Forest Service: Concerns of the KFS at the County (CFC) and zonal levels resonated with those of their counterparts at NEMA.KFS is concerned that; i) None of REP schemes pass through gazetted forests. ii) From past experience trees are either excessively lopped or removed to give way for REPs iii) In most cases trees are removed by REP contractors without consulting the KFS offices on the ground in complete bleach of the requirements of the forest act. iv) The KFS requires that all EIA project reports proposed in respect of REP be shared with CFCs for review and possible comments on impacts on tree resources. v) The KFS also required to be involved at construction stage to ensure that trees are protected and to advise on modalities for replacement of trees so lost.

Ministry of public health: At county level, the ministry of public health was only contacted at Wundanyi under auspices of the District Medical Officer of Health (DMOH) who appreciated the great impact of rural electrification towards facilitating service delivery by dispensaries. The DMOH however expressed concern over ability of dispensaries to pay for connection to grid power supply given their very low budgetary allocation.

Table 5.1: Summary table of stakeholders consulted Part Level of Stakeholder category No Nature of meeting No of consultation people met Part National Level KFS 2 Met Deputy Director forest 2 one (General) conservation and Management and the officer in the legal services department. KeRRA 1 Met an officer in the survey 1 department. KeNHA 1 Met with the Manager- Surveyor 1 Services REA 1 Held several discussions with the 2 Project Manager and Way leave officer Aberdare/SWECO 1 Held several consultative meetings 3 with both Project managers and a supervisor Part County Level County Commissioner 1 County Commissioner visited but was 0 Two (General) out of office County Council of Taita Chief Officers of this Council were in a Taveta meeting whole day Kenya Rural Roads 1 Held telephone discussion with the 1 Authority Head of the KERRA sub-office at Mwatate Kenya Forest Service 3 Met with the County forest 3 coordinator in Taita Taveta NEMA 1 CDE and CEO were out of office. Held 1 discussion with the CEO on the phone. Part District Level Provincial Administration 1 Assistant chief-Mruru/Mwanganga sub 1 Three (Scheme location Specific) Ministry Of Agriculture 1 District Agriculture Officer 1 Ministry of Health 1 District Medical Officer of Health 1 Part Project level Local residents and 2 1 Baraza at Kamtonga market and 1 29 Four (Specific) traders semi baraza at Manoa market. Local Dispensary 1 Met the Kenya Certified Nurse Manoa 1 dispensary Total 18 46

The Kenya Rural Roads Authority: KeRRA was not consulted only at sub regional level at Taita County . Comments here are borrowed from consultations held with KeRRA officers in Makueni, Kitui and Machakos under the same contract who made comments as follows:-

i) KeRRA is concerned that contractors for REP do not take time to familiarize with the extent and alignment of rural roads leading to some power distribution poles being erected in the middle of the road reserve and thus creating conflicts with either road users or future road development. ii) KeRRA requires to be consulted during the process of design and construction of power lines within areas of jurisdiction.

Local Authorities-County and Town Councils: During the visit to Wundanyi, Chief Officers of the Taita Taveta County Council were locked in a meeting the whole day and were thus not available for consultation. Views expressed here are based on consultations made with the Kilifi County Council, Makueni County Council, Wote and Tala Town Councils and the Masaku County Council. Local authorities raised concerns as follows:- i) REP should be designed and constructed to utilize existing and anticipated road reserves, taking care to reserve the 9 m required for road construction. As such REPs should be restricted to within one metre boundary of road reserves. ii) Where power poles are cited in private property, they should exploit boundary areas to avoid conflict with future development. iii) County Councils are concerned about indiscriminate tree removal to give way to power lines in market centers. In spite of money having been spent to establish and tend such scenarios, local authorities should be consulted during the design and construction of power lines within areas of jurisdiction. iv) Local authorities stated that contractors doing business within respective areas of jurisdiction should pay rates as appropriate in line with Cap 265.

Ministry of Agriculture: Concerns were raised as follows:- • Excessive lopping of fruit trees interferes with food security and the farm based livelihoods. • Electric poles and way leaves fix the land out of certain uses and can interfere with the farm economy. • Supply of electricity was potential to undermine adoption of either renewable energy technologies such as solar pv biogas, wind etc. • These comments were found to apply to all schemes.

Ministry of Education: This is one sector that was observed to potentially benefit from electrification of rural schools. • Power supply to schools will facilitate replacement of diesel engines in boarding schools and hence cut down the school operating costs. • Power supply to schools will improve academic performance through increased time for prep, reduced generator noise introduction of IT and allied courses. • Electrical faults and malfunction however have potential to cause fire outbreak and associated safety hazards. • Power failure especially in the evening has been known to cause unrest and instability in schools.

5.2.5 Comments from local stakeholders Comments from the Public: The comments are informed by 2 consultative meetings at Manoa market and an FGD held at Kamtonga market with residents and traders. Their views are as follows:

(i) The public is in favour of the project as it will open up the area and they will benefit from various investments which will therewith be facilitated by electricity. (ii) Compensation: For the property that will be affected, the residents wanted to know whether they will be compensated. More so, they also wanted to know if there will be compensation for poles erected on private land. 39

(iii) Beneficiaries: The residents wanted to know whether people who live at a radius of 3km will benefit from the project. (iv) Opportunities: Residents wanted to know if the local youth will be employed during the construction phase. (v) Route of traverse: residents wanted to know why the line follows corners instead of shortcuts. (vi) The residents were wondering whether this is another of the political gimmicks.

5.2.6 Comments from local Institutions

The Manoa dispensary They are in favour of the power distribution to the area as they will be able to offer services that were previously not offered eg maternity care and laboratory services.

Local schools : It was not possible to get comments from local schools which were already closed at the time of fieldwork. However, going by interviews with schools from other counties, power supply is welcome as it will facilitate adoption of IT and computer based learning and school management.

5.3 Salient observation from stakeholders’ consultation From the foregoing analysis and documentation, salient observation can be deduced as follows. i. Public support and demand for rural electrification: The public is in support of this project and some of the benefits they anticipate include: • Lighting up of villages and village institutions. • Opportunities will be created through such investments as welding, salons, cybercafés etc which will not have been possible without electricity. • Education will be more enhanced and diversified through E-learning and other computer based academic programmes. ii. Public apprehension over trees removals: Overwhelmingly indiscriminate and excessive removals of trees to give way to power lines emerged as the most severe and commonly identified adverse impact of rural electrification. The same area identified by both local owners and government sector stakeholders. Removal of trees also sets in questions of compensation to respective owners. iii. Potential conflict on use of roads reserves owing to misplacement of power distribution. iv. Conflict over allocation of jobs in the building of power lines. v. Concerns on the safety and security of power distribution equipment before and after commissioning

5.4 Modalities for conflict resolution Some recommendations on approaches to conflict and dispute resolution during project development are outlined in section 8.45 below.

6 CHAPTER SIX: ANALYSIS OF ALTERNATIVES

6.1 Overview In sections below, we provide some background to the process that informed formulation of the project in its current design. Notably, the project was subjected to detailed feasibility studies where diverse options were considered leading to identification of the project and choice of technological options as currently proposed. Project alternatives were considered at diverse levels namely; technological options, route of coverage etc out of which, an overhead distribution line mounted on wooden poles delivering power to markets within Mwachabo location was selected. Some of the options considered are briefly reviewed in sections below.

6.2 Levels in evaluating project alternatives

6.2.1 Evaluation of the No Project option Access to electricity remains low in Kenya and the country has one of the lowest percentage coverage by electricity among African countries. In Uganda, only 9 percent of the population has access to electricity; in Kenya, 14 percent; in Congo, 6 percent. In oil-rich Nigeria, the energy demands are nearly twice national power output and this lack of industrial energy is continents biggest obstacles to development and a big turnoff for foreign investors. Further, firms operating in Kenya persistently report erratic power supply as a critical impediment to competitiveness. Expansion of electric power distribution networks has great potential to redress this matter thereby catalyzing badly needed investment especially in rural areas.

The proposed Mwachabo power distribution line is being developed as part of a wider national initiative aimed at supplying power to rural markets and institutions. The no-project scenario would imply continuation of inadequate power supply and is clearly not desirable for an economy that is struggling to recover from impacts of political violence and drought. As such, any initiative with potential to increase the percentage of Kenyan population covered by electricity is economically strategic in line with current government emphasis on increasing percentage national coverage by electricity particularly in rural areas.

Provision of additional power supply has been identified as crucial to achievement of the national development aspirations as elaborated in the national development blue print–the Vision 2030 in which case, the focus is on modalities for supply rather than the justification of what is clearly a move towards implementation of government policy.

6.2.2 Options in the selection of the routes of traverse The first six kilometres of the Mwachabo power distribution line will traverse the Teita Sisal estate where the core consideration is the need to keep clear of sisal plantations to the extent possible. Subsequent to this need, the route of traverse was aligned to the reserve of an existing road with the result that the power distribution line will be longer and possibly more expensive compared to a straight traverse.

6.3 Choice between diverse distribution technologies Distribution vs local generation: Grid electric power is available at the Taita Sisal Estate within 6 kilometers of the first load center namely Mwachabo market which makes it much cheaper to tap and distribute as opposed to local generation. Local generation would also require multiple investment in 41

The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line generating stations backed up by distribution lines to the points of consumption and would eventually end up being more expensive.

In spite of grid electricity being readily available, the high rate of solar radiation averaging 7.2 hrs daily provide excellent opportunities for tapping and utilizing solar power which should be taken advantage of.

Overhead versus underground distribution lines: The choice between overhead versus underground distribution lines was also considered. Indeed, electric power can be distributed by underground power lines which facilitate distribution across: (i) densely populated urban areas, (ii) areas where land is unavailable or planning consent is difficult, (iii) rivers and other natural obstacles, (iv) and with outstanding natural or environmental heritage, (v) areas of significant or prestigious infrastructural development and land whose value must be maintained for future urban expansion and rural development, etc. Additionally, underground power lines are;-

• Less subject to damage from extreme weather conditions (mainly lightning, wind and freezing) • Greatly reduced emission, into the surrounding area, of electromagnetic fields (EMF). All electric currents generate EMF, but the shielding provided by the earth surrounding underground power distribution lines restricts their range and power. • Underground power distribution lines need a narrower surrounding strip of about 1–10 meters to install, whereas an overhead line requires a surrounding strip of about 20 meters wide to be kept permanently clear for safety, maintenance and repair. • Underground power distribution lines pose no hazard to low flying aircraft or to wildlife, and are significantly safer as they pose no shock hazard (except to the unwary digger).

Some disadvantages of underground power cables: • Undergrounding is more expensive, since the cost of burying cables is several times greater than overhead power distribution lines, and the life-cycle cost of an underground power cable is two to four times the cost of an overhead power distribution line. • Whereas finding and repairing overhead cable breaks can be accomplished in hours, underground repairs can take days or weeks, and for this reason redundant lines are run. • Underground power cables, due to their proximity to earth, cannot be maintained live, whereas overhead power cables can be. • Operations are more difficult since the high reactive power of underground cables produces large charging currents and so makes voltage control more difficult.

Given all these considerations, construction of overhead distribution lines is the option favored by REA.

6.4 Choice of Tower structures

Steel poles: Tubular steel poles are typically used in urban areas , but are more vulnerable to vandalism especially in isolated areas.

Wood: In Kenya, use of single wood utility pole structures is common in the construction of 33 kV power distribution lines as proposed for Mwachabo. Construction entails placing a pole in the ground upon which, one cross arm is fixed at the top end for purpose of supporting insulators and conductors. Wood

The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line is considered cheaper that other materials and has an overall cost saving of 20-30%. Wood is preferred for such construction for, in addition to being relatively cheaper, wood has surge voltage insulating properties which is not found in steel, aluminum or reinforced concrete structures.

Concrete: Use of concrete pylons worldwide is limited by their excessive weight which makes handling and installation complex.

Aluminum: Where towers must be placed in inaccessible terrain by helicopters, the extra material cost of aluminum towers will be offset by lower installation cost. Design of aluminum lattice towers is similar to that for steel, but must take into account lower stress properties inherent to aluminum.

6.5 The preferred option A comparison of all the options is summarized in table 6.1 below. From the analysis, the proposal to investment in a medium voltage overhead distribution line based on wooden poles as currently designed seems to be the preferred option given cost and technical considerations. Any adverse impacts will be mitigated as per the Environmental and Social Management Plan (ESMP) unveiled in Chapter Eight Below.

Table 6.1: Analysis of alternatives Level of Option evaluated Advantages Disadvantages Preferred option Mitigation of evaluation adverse impacts Project No project scenario Savings to the national Economic losses due to Develop project As per ESMP economy, will avoid power outages, slowed environmental and social economic growth. costs Alternatives Winding as Less encroachment on sisal Route is longer and more Longer alignment Budget for in the route opposed to straight plantations. costly along existing road construction of traverse course reserve Choice of Local generation Cut down on distribution Requires multiple Distribution option As per ESMP technology vis Distribution costs, will avoid displacement investments in generating and environmental costs stations and distribution to market. Overhead vs It is cheaper to develop and High displacement costs and Use OHDL As per ESMP underground maintain. exposure to accidents and cables EMR in OHDLs Wooden poles vs Wood is cheaper, readily Sourcing of wood impacts on Use of wooden As per ESMP steel and concrete available and has inherent natural carbon sink. poles. poles surge protect properties. The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line

7 CHAPTER SEVEN: POTENTIAL IMPACTS FROM THE PROJECT

7.1 Generic Social and Environmental Impacts

7.1.1 Outcome of impact prediction The Mwachabo power distribution line as proposed will require space in terms of both vertical and horizontal projection and depending on the current physical and social characteristics of this space, some impacts are likely to be triggered whose analysis is the subject of this chapter.

Impact prediction for this ESIA Study basically relied on four tools namely;- • The generic checklist for impact prediction issued by NEMA as the Third Schedule to Legal Notice 101. Appendix 7.1 presents a matrix based on this Schedule. • The Checklist for Environmental Characteristics developed by the Department of Environmental Affairs of the Republic of South Africa (Appendix 7.2).

7.1.2 Analysis of impact severity Predicted impacts were analyzed for severity through screening for diverse attributes/ features including magnitude, persistence, potential for reversibility, cumulative and tendencies, potential to occasion secondary and cyclic impacts etc. Potential impacts were subsequently ranked on a scale of 2P, P, O, N and 2N reflecting Highly Positive, Positive, Neutral, Adverse and Highly Adverse category of impacts respectively. Table 7.1 below provides a summarized outcome of impact prediction and interpretation based on application of the four checklists to the design, construction, and operation phases of the proposed power distribution line and substation.

7.2 Description of potential impacts

7.2.1 Overview of impacts

Scale of impacts: The tally of potential impacts and their trends as identified in respect of the proposed Mwachabo power distribution line are summarised as follows:-

Impact category Total Long-term Irreversible Cumulative Potential for effect effect effect secondary impact Total impacts areas 34 17 3 Positive impacts 17 10 Negative impacts 17 7 2 6 9 Net impact pre 0 mitigation

It must be pointed out that the scope of adverse impacts associated with construction of 35.3 kilometers of a medium voltage power distribution line in an otherwise low density agricultural settlement is inherently low. Thus, for the proposed Mwachabo power distribution line, a total of 34 impacts out of which 17 are positive were identified. Other trends can be summarized as follows:-

• Only 17 negative impacts are likely to be occasioned by the proposed construction and operation of the 10 kilometres of power distribution line as proposed and, all are observed to be of low severity. The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line

• Ten of the 17 positive impacts are likely to be long-term in prevalence while 7 out of 8 adverse impacts have a long-term effect with 2 of them being potentially irreversible. • Nine out of sixteen adverse impacts have potential to cause secondary impacts while 6 of them have cumulative tendency i.e., they have potential to aggravate an already existing problem. • The project has a marginal net positive impact pre mitigation which will require to be enhanced through adoption of an effective impact mitigation strategy.

Presentation of impacts: From this analysis, it is apparent that the bulk of adverse impacts (Ns) will manifest at the construction stage while most benefits (Ps) will be realized during the operation phase. In line with this trend, impact mitigation will be targeted more on the construction phase activities. Without exception, all adverse impacts have potential to occasion secondary impacts and thus merit mitigation. For purposes of this study, impact prediction has captured the three core phases of the proposed development namely;-Design, Construction and Operation phases. Similarly, impacts analysis as presented in Table 7.1 has captured and followed all the four phases of the project. Brief highlight of impacts at each stage of the project are presented in sections below.

7.2.2 Impacts at Design Stage Positive Impacts of design Stage: Generally, the design phase is associated with positive impacts mainly manifested through creation of business opportunities for professionals involved in the design work, support staff hired in the enumeration survey, etc, while the country benefits from generation of additional planning data which will influence policy decisions within long time frames. Certainly, the database compiled from design report will find consumption far beyond the confines of this project.

Adverse impacts at Design Stage: Adverse impacts would mainly be manifested through site disturbances and accidents associated with field survey work.

7.2.3 Positive Impacts at Construction Stage (i)Creation of business opportunities: The proposed distribution lines will comprise of 35.3 Km of conductors and 5 transformers supported by 126 poles. Construction work wills therefore some modest entail investment estimated at Ksh 41.15 million, the bulk of which will go into procurement of construction material and hiring of the contractor. Construction of the distribution line will thus open up extensive trade opportunities while other economic benefits will accrue through creation of employment opportunities for both skilled and semi- skilled labour engaged in construction. At local level, communities will benefit from short-term employment opportunities in the construction activity.

(ii)Creation of opportunity for change: Relocation of buildings and property from the right of way has destabilizing effects to PAPs. However, the same process provides opportunity to occasion changes such as the need to regularize land and property subdivisions and transfers, the need to settle boundary disputes, the need to formalize inheritance etc which, in the long-run provides a stronger foundation for economic growth.

Table 7.1: Matrix for impact prediction and interpretation Project Source of Potential Impact Severity Persistence Trigger to Triggers to Phase Impact * secondary cumulative impacts impacts Design Stage Design Creation of temporary opportunities for gainful P Short-term Studies, field employment surveys and Generation of additional site-specific data P Long-term inventories /study reports Capacity building and sensitization P Long-term Minor accidents during survey work N Short-term Reversible Minor Construction Supply of Business opportunities in supply and transport P Short term Phase materials of construction materials Generation of GHG in the transportation of N Short-term Reversible Climate change GHG build-up construction materials and impacts Road hazards in material transportation N Short-term Reversible Irreversible Traffic build up impacts impacts Construction Short-term opportunities for business and P Short-term work employment in construction Revenue to GoK and Local Authorities through P Short-term taxes Opportunity for change P Long-term Damage of property (tree crops) from ROW N Long term Reversible Escalating Can aggravate corridor poverty poverty Deforestation and loss of Carbon sink from N Long-term Reversible GHG build-up Aggravates a felling trees global concern Occupational health and safety concerns for N Short-term Reversible Impacts of None construction crew injuries and occasional death Solid wastes from construction activity N Short-term Reversible Littering, Solid waste is a injuries, etc growing problem Loss of nesting grounds for avifauna, bees, and N Long-term Reversible Risks to pop Increasing loss dry season fodder from tree removal stability due to human encroachment Impact on existing and future infrastructures 2N Long-term Reversible Higher costs in Least Concern service delivery Operation Presence of Economic gains from improved and stabilized 2P Long-term The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line

Project Source of Potential Impact Severity Persistence Trigger to Triggers to Phase Impact * secondary cumulative impacts impacts Phase powered lines power supply Enhanced delivery of services in medicare, 2P Long-term education, admin, telecommunication, etc Financial gains in oil to electricity substitution, P Long-term and elimination of maintenance costs for diesel engines, etc Employment creation, reduced cost of 2P Long-term investment Cutting down on GHG emissions due to 2P Long-term petroleum to electricity substitution Reduction in solid waste from lead acid P Long-term batteries, dry cells, candle residues, waste oil/ spares from gensets etc Adverse Exposure to Electromagnetic fields (EMF) N Long-term Irreversible Hazards to Increasingly a impacts from public health problem charged high worldwide voltage power Impact on avifauna and other wildlife from N Long term Reversible Risks to Cumulative lines presence of charged wires population stability Permanent visual intrusion into space N Long-term Irreversible Rare Intrusion by power lines a growing problem Hazards in attempted vandalism of 2N Long-term Reversible None This is a grave transformers concern nationally. Disincentive on use of other Renewable Energy 2N Long-term Reversible A growing Sources e.g. RETs problem Net environmental worth of 17 (17 positive outputs, mainly long-term), Some adverse impacts the project pre-mitigation 17(17 adverse outputs, 9 long-term, 3 irreversible), irreversible Net score=0 (Net neutral impact before mitigation) *N=low adverse impact; 2N=moderately severe impact; 0= no impact; P=positive impact, 2P= significantly positive impact.

7.2.4 Negative impacts at Construction Stage (i) Impacts associated with removal and lopping of trees in the right of way:

By design, 33 kV power lines require little in terms of way leave in which case, their construction does not entail extensive removal of trees and structures. However, the requirement that all trees underneath power lines be removed to avoid incidence of accidents from powered lines has impacts as follows:-

Loss of livelihood: On farm trees are part of the family capital and productive resources which generate cash income upon harvesting and sale or from harvesting of fruits. Thus premature felling as occasioned by construction of power lines represents a major loss on the side of the farmer who has spent resources to nature the trees. In some cases, some families have no hope of ever benefitting from the proposed power supply in which case, removal of their trees without adequate compensation pushes them further into poverty.

Degradation of habitat for fauna and flora biodiversity : Removal of tree cover in a marginal climatic potential area interferes with the survival of dependent vegetation due to loss of shade, stemflow, nutrient cycling and other ecological support functions performed by mature trees. Further, removal of mature seeding trees undermines the self-perpetuating capacity of affected species which in addition to loss of nesting grounds for insects and avifauna, fodder and forage for browsers, shade and shelter etc, has critical implications to the health of wildlife populations (see plate 7.2).

Plate 7.1: Birds nesting on a tree at Kamtonga market

(iii Hazards associated with transport and delivery of construction materials: Construction of a 35.3 kilometer power distribution line with require about 133 poles and several rolls of concoctors all of which will be transported by road whose transportation raises concerns in terms of impact on local roads and safety of other road users (see plate 7.3). The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line

Plate 7.2: Transportation of construction materials has potential to undermine safety of other road users

(iv) Concerns in the storage of construction materials and components: Privatization of services in construction of power distribution and distribution lines in Kenya have created a huge demand for transformers, conductors etc which poses huge challenges in the management of such stores given the increasing cases of theft of the same. Against such a background, the storage of power distribution materials worth millions of shillings can easily escalate incidence of crime whereby resultant searches and arrests serve only to antagonize the project from host communities.

(v) Occupational Health and Safety impacts on workers: Construction, testing and commissioning of a power distribution line in an area reputed to be infested with wildlife will expose workers to multiple occupational hazards such as injury and loss of life from accidental falling, motor accidents, electrocution, mauling by animals, etc which are costly to both affected families in terms of loss of income and the government through loss of productive labour and increased dependency. Though such risks prevail only during the construction phase, their impacts can be long lasting depending on the degree of injury sustained.

(vi) Generation of construction waste : Junk in form of scrap metal, plastics, pvc cords, etc will be generated from construction activity. Such waste, estimated at 10% of all construction materials has potential to pose environmental challenges unless appropriately disposed.

7.2.5 Impacts at the Operation Phase Extension of the distribution lines is potentially very beneficial especially on economic and environmental fronts. We highlight some of the benefits here below.

Creating opportunities to promote economic growth: Energy is identified as one of the infrastructural enablers of the ‘’three pillars” of Vision 2030 and with only 4% of the rural population having access to electricity; the rate of economic development must remain understandably low. Kenya is therefore expected to use more energy in the commercial sector on the road to Vision 2030 and as incomes increase and urbanization intensifies, household demand for energy will also rise. The challenges facing the power sub-sector include a weak power distribution and

The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line distribution infrastructure, high cost of power, low per capita power consumption and low countrywide electricity access. Preparations have been made to meet this growth in demand for energy under the Vision as follows:-

• The government has continued to finance extension of electricity supply in the rural areas as part of the basic infrastructure to stimulate economic growth and employment creation. This is intended to increase electricity access in rural areas currently at 4% to 12% by the year 2012. • The Kenya Electricity distribution Company (KETRACO) has been created with full mandate to expand the electricity distribution grid and the government is also encouraging the Kenya Power and Lighting Company to adopt affordable connection policies so as to boost the number of customers in the rural areas. • A Rural Electrification Authority (REA) charged with the mandate of implementing the Rural Electrification Programme came into operation in July 2007. In addition, Ethiopia and Kenya have undertaken a feasibility study and secured financing to facilitate the transfer of power to Kenya from a number of large Ethiopian hydropower projects that provide power at lower costs compared to that generated locally.

Against this background, construction of the proposed Mwachabo power distribution line is seen as a positive intervention towards implementation of GOK strategies for economic growth especially in rural areas. Positive benefits will manifest as follows:- • Provision of electric power will open up market centres to investments such as engineering services, welding, banking, computer services, etc that are difficult to provide in absence of grid electricity. • Electricity supply to rural centres will widen opportunities for gainful employment, human resource development and rural commerce all of which are recipe for rural transformation. • Once connected to power distribution networks, some institutions such as schools and water supply projects currently relying on diesel generators and pump sets will now shift to a relatively cheaper, cleaner and more reliable energy source and in the process, cut down on financial strains imposed by purchase of diesel fuels. In the process, schools taking advantage of continuous supply of electricity will light for longer hours and thus mount more aggressive study/tuition programmes thus greatly improving on quality of delivery of education. • Similarly, health institutions connecting to power distribution networks can henceforth adopt power driven technologies and thus widen the array of services –imaging, immunization, sterilization, theatre, etc, hitherto difficult to provide. • Improved lighting in homes will motivate school / college going students to comfortably undertake evening studies, and women and men will gain some precious time for themselves to extend income generating work into the evening hours. • Use of electricity for lighting and heating will also improve quality of indoor ambient conditions thus improving the health of the people.

Cutting down on smoke and GHG emissions: Within some urban households, supply of electric power could see a possible reduction in use of biomass energy such as charcoal and firewood for cooking and heating through adoption of electric stoves and other energy saving appliances thus improving domestic air quality with a possible impact on family health. However, owing to economic and social considerations (type and quality of meals), most rural folk connecting to electricity still opt for charcoal and firewood in cooking instead only preferring to use electricity for lighting and watching television. Thus, substitution from petroleum fuels to

The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line electricity will immediately cut down smoke emitted from burning of fuels (in lighting, heating and motion) and thus improve on air quality for local residents including those operating the gen-sets.

Cutting down on waste oils and spares: Routine operation and maintenance of diesel-powered engines releases waste oils, spares etc, all of which are environmentally hazardous especially when in contact with water. The phasing out of diesel engines upon substitution to electricity will go some way towards eliminating environmental pollution associated with operation of diesel powered engines.

7.2.6 Adverse impacts from powering and operating the distribution line Operation of the power distribution line has numerous socio-environmental benefits as enumerated above. However, for such benefits to be felt down to all intended beneficiaries there is need to insure against trends and actions with potential to trigger adverse impacts that can erode accrued benefits. Such potential adverse impacts and their causes are briefly highlighted here below.

Influence on land-use/ future development: Like any other infrastructure, installation of power lines has a strong influence on any future development. Thus, given that power lines normally follow existing way leaves, improper siting has potential to complicate or compromise future development-especially road expansion. This has been identified as a potential source of conflict with the roads sector. The Roads Act 2007 currently identifies the Roads Sector as the custodian of all road reserves which requires their total consultation in any proposed utilization of the road reserve.

Visual intrusion effects: Construction of a distribution line with 10-14 m high poles supporting conductors where none existed before will change entire landscapes and introduce visual obstacles where none existed before. This can be frustrating to local residents who will have to get used to changed neighborhoods and possibly trends.

Disincentive on use of other energy sources eg RETs: It is the Policy of the Kenya Government to encourage use other RETs (Renewable Energy Technologies) such as solar converters, wind-driven generators, etc to supplement supply of grid electricity whose supply is inadequate to meet peak demand. However, the practice in Kenya is for such practice to be abandoned once connection to grid electricity is assured. As such, in a country whose firm generation capacity is inadequate to meet the demand, supply of grid electricity provides a strong dis-incentive against exploration of other, equally viable options for lighting and heating in rural areas. This is a long- term trend whose reversal requires intervention at policy level.

Impacts on avifauna: The Taita Hills and vicinity (Sagalla, Kasigau, etc.) are recognised as Important Bird Areas (IBAs) famous for the Southern Banded Snake Eagle, Taita Falcon and Abbott's Starling as well as the 3 globally- endangered species Taita Thrush, Taita White-eye and Taita Apalis which are endemic to these hills.

Birds occasionally find the electrical wires a resting place and are ever in danger of death and injury from electrocution and collision with bare conductors. The problem is however more pronounced on transmission lines and towers of 25 m height and above. Thus whenever bare conductors are used in power transmission, the spacing would be critical as this would affect the lives of birds and especially those with a wide wingspan. The latter are usually fewer and run a higher risk of elimination due to

The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line either habitat destruction or other forms of killing and introduction of bare conductors thus increases threats to survival.

7.2.7 Core concerns about the project From analysis undertaken elsewhere above, potential adverse impacts from the proposed construction of a power distribution line are quite modest and of low to moderate severity ranking. Towards attempting mitigation, two adverse impacts however stand out as follows:- • Project will displace trees and hence occasion some modest but fundamental economic and ecological impacts. • The project is likely to occasion conflict with the Roads Act 2007 over utilization of road reserves. Impacts however, have readily available means for mitigation and would therefore not stand in the way for project implementation. An impact mitigation programme is outlined in sections below.

8 CHAPTER EIGHT: THE ENVIRONMENTAL MANAGEMENT PLAN

8.1 Overview This chapter outlines the environmental and social management strategy to be pursued in the development and operation of proposed power distribution lines. The strategy comprises of both an impact Mitigation Plan and an Environmental and Social Monitoring Plan

8.2 The Impact Mitigation Plan Preparation of this Project Report has preceded project implementation in which case, recommendations made here-in have a fair chance of being incorporated into and influence final outcome of the project design process. This study recommends that findings be incorporated into project design as a core mitigation strategy. Towards mitigation of specific impacts, action will be taken as allowed for in Table 8.1 below.

8.3 Mitigation at design stage The design stage is crucial to impact mitigation for any project. Firstly, at the design stage, projects enjoy unlimited flexibility which makes alterations possible towards modifying components with potential to occasion adverse impacts. As such, many potential impacts can easily be offset through modification of the project design. In the case of proposed power lines, REA should take advantage of the design stage to engage road sector stakeholders to mutually agree on modalities of using the road reserve. Such an action will forestall conflict over use of the same space during construction and operation of the power lines.

As well, the design stage allows for identification and commitment of resources towards impact mitigation. It is thus hoped that, at this point, REA will identify and commit resources towards compensating farmers for property to be displaced by the proposed power distribution line project.

8.4 Mitigation at construction stage

8.4.1 Mitigation of impacts associated with tree removal Mitigation will principally aim at minimizing the number of trees to be removed which will require route alignment to avoid areas of concentrated trees.

• Where tree removal is inevitable, proposed removalbe coordinated with the County Agricultural Officer in line with the Agriculture (Farm Forestry) Rules 2009. • REA will pay just compensation to affected farmers. • As part of the Corporate Social Responsibility Programme, REA facilitate replacement of all lost trees so as to rebuild cover vegetation, associated biodiversity and carbon sinks. The target here is to support recreation of at least 10 ha of woodlots comprised of fruit trees, agroforestry trees (casuarinas, grevillea and indigenous spp) as will be removed from the ROW. This may take the form of funds set aside to purchase seedlings for issue to schools or institutions with land to spare for reforestation.

Table 8.1: Matrix for impact mitigation Project Phase Source of Potential Impact Severity Mitigation Impact after Impact mitigation Design Stage Design Creation of temporary opportunities for P Studies, field gainful employment surveys and Generation of additional site-specific data P inventories /study reports Capacity building and sensitization P Minor accidents during survey work N Deploy competent staff 0 Construction Supply of Business opportunities in supply and P Phase materials transport of construction materials Road hazards in material transportation N Contractor to observe the Highway Code 0 Construction Short-term opportunities for business and P work employment in construction Revenue to GoK and Local Authorities P through taxes Opportunity for change P Damage of property (tree crops) from ROW N Provide just compensation for any loss P corridor Generation of GHG in the transportation of N Reduce distances covered in material N construction materials sourcing Occupational health and safety concerns for N Deploy sober, competent crew with N construction crew supervision. Provide PPEs. Solid wastes from construction activity N Apply the 3 Rs concept. 0 Impact on existing and future infrastructures 2N REA to consult road sector stakeholders in N the design and construction of power lines in road reserves Operation Presence of Economic gains from improved and stabilized 2P Phase power lines power supply Enhanced delivery of services in medicare, 2P education, admin, telecommunication, etc Financial gains in oil to electricity substitution, P and elimination of maintenance costs for diesel engines, etc Employment creation, reduced cost of 2P investment Cutting down on GHG emissions due to 2P The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line

Project Phase Source of Potential Impact Severity Mitigation Impact after Impact mitigation petroleum to electricity substitution Reduction in solid waste from lead acid P batteries, dry cells, candle residues, waste oil/ spares from gensets etc Adverse Exposure to Electromagnetic Fields (EMF) N Threat not fully appreciated N impacts from Impact on avifauna and other wildlife from N Use of insulted conductors 0 charged high presence of charged wires voltage power Permanent visual intrusion into space N Adoption of insulated conductors which are N lines compatible with trees Hazards in attempted vandalism of 2N Public sensitization campaign N transformers Disincentive on use of other Renewable N REA to mount efforts to promote N Energy Sources e.g. RETs alternatives to grid power Net environmental worth of 17P (17 positive outputs, mainly long-term), 18P (18 positive outputs, mainly long-term), the project pre-mitigation 16 (16 adverse outputs, 9 long-term, 3 irreversible), 8N (8 adverse(irreversible) outcomes Net score=1P (Marginal positive impact before Net score=10P (Major positive impact after mitigation) mitigation)

8.4.2 Mitigation of potential conflict in the use of road reserves The Roads Act 2007 identifies the Roads Sector as bona fide custodian of road reserves in Kenya. However, given that road reserves have traditionally also accommodated other public infrastructure, there is need to formulated a mutually acceptable code of practice to facilitate coexistence between roads and other infrastructure. The same will require to be sealed in law in the long run. In the interim, all sectors targeting to use road reserve for infrastructure development should engage with relevant road sector stakeholders (KeNHA, KeRRA, KURA) at the planning stage.

8.4.3 Management of Occupational Health and Safety Hazards Though the scale of the proposed construction is small, it will involve climbing of poles to mount electrical conductors and insulators which, coupled with activities associated with commissioning of powered lines are wrought with high inherent risks of accidents. Mitigation will be undertaken as follows:-

(i) Health and Safety requirements: The Contractor shall do everything in his power to secure the safety of his crew, third parties and this property. Towards this, the Contractor shall comply with all standard and legally required health and safety regulations gazetted under the Occupational Health and Safety Act (OSHA) 2007 and the Factories and Other Places of Work Regulations and shall submit Method Statements covering the procedures for the main activities which could generate emergency situations through accidents or neglect of responsibilities. These situations include, but are not limited to accidents at the work place including wildlife invested areas, accidental fires; accidental leaks and spillages and vehicle and plant accidents.

Specific to accidents at work place: • The Contractor shall also ensure that the necessary equipment for work in hazardous area – protective boots, PPEs, helmets, etc are provided. • The Contractor shall provide a standard first aid kit to field staff; • The Contractor shall be responsible for the protection of the public and public property from any dangers associated with construction activities, and for the safe and easy passage of pedestrians and traffic in areas affected by the construction activities; • All works which may pose a hazard to humans and domestic animals are to be protected, fenced, demarcated or cordoned off as instructed by the RE. If appropriate, symbolic warning signs must be erected; • Speed limits appropriate to the vehicles driven are to be observed at all times on access and haul roads. Operators and drivers are to ensure that they limit their potential to endanger humans and animals at all times by observing strict safety precautions; • No unauthorized firearms are permitted on site.

(ii) Fire Prevention and control: The Contractor shall take all reasonable and precautionary steps to ensure that fires are not started as a consequence of his activities on site. Activities are specified as follows:- • The Contractor shall ensure that there is basic fire-fighting equipment available on site; • Flammable materials should be stored under conditions that will limit the potential for ignition and the spread of fires; • Hot’ work activities shall be restricted to a site approved by the RE; 57

• Smoking shall not be permitted in those areas where there is a fire hazard. These areas shall include any areas (e.g. bushlands) where vegetation or other material can make liable the rapid spread of an initial flame. • The Contractor shall ensure that all site personnel are aware of the fire risks and how to deal with any fires that occur. This shall include, but not be limited to regular fire prevention talks and drills and, posting of regular reminders to staff. • Any fires that occur shall be reported to the RE immediately and then to the relevant authorities; • In the event of a fire, the Contractor shall immediately employ such plant and personnel as is at his disposal and take all necessary action to prevent the spread of the fire and bring the fire under control; • Costs incurred through fire damage will be the responsibility of the Contractor, should the Contractor’s staff be proven responsible for such a fire.

(iii) Control of Solid Waste: All storage and construction sites are to be kept clean, neat and tidy at all times. No burying or dumping of any waste materials, metallic waste, litter or refuse shall be permitted. The Contractor must adhere to Environmental Management and Co-ordination (Waste Management) Regulations 2006. The Contractor shall implement measures to minimize waste and develop a waste management plan to include the following:-

• All personnel shall be instructed to dispose of all waste in a proper manner; • At all places of work the contractor shall provide litter collection facilities; • The final disposal of the site waste shall be done at the location that shall be approved by the RE, after consultation with local administration and local leaders; • The provision of sufficient bins (preferably vermin and weatherproof) at the camp and work sites to store the solid waste produced on a daily basis; • Wherever possible, materials used or generated by construction shall be recovered at the conclusion of each task for safe disposal including recycling. • Provision for responsible management of any hazardous waste generated during the construction works.

(iv) General materials handling, use and storage: All materials shall be stored within the Contractors camp unless otherwise approved by the RE; • Stockpile areas shall be approved by the RE; • All imported fill, soil and/or sand materials shall be free of weeds, litter and contaminants. Sources of imported materials shall be listed and approved by the RE; • The Contractor shall ensure that delivery drivers are informed of all procedures and restrictions (including ‘No go’ areas) required; • Any electrical or petrol driven pumps shall be equipped and positioned so as not to cause any danger of ignition of the stored product; • Collection containers (e.g. drip trays) shall be placed under all dispensing mechanisms for hydrocarbons or hazardous liquid substances to ensure no contamination from any leaks is reduced; • Regular checks shall be conducted by the Contractor on the dispensing mechanisms for all above ground storage tanks to ensure faulty equipment is identified and replaced in timely manner;

• Only empty and externally clean tanks may be stored on bare ground. All empty and externally dirty tanks shall be sealed and stored on an area where the ground has been protected.

8.4.4: Management of Health and Safety Hazards within institutions and market centers All construction work within school compounds will be confined to non-school days including week ends. At all times however, the Safety Code promoted by the KPLC will always be observed by the Contractor.

8.4.5 : Modalities for conflict resolution In every administrative location within the traversed, the contractor will seek to enlist 2 respected village elders who will resolve all disputed associated with the power distribution line. This is the same team who will mobilize the community towards a final handing over meeting where all outstanding disputes will be addressed before the Contractor hands over the project. The Final payment will only be released upon submission of minutes from the final handover meeting showing clear attendance and signed by the said elders’ teams.

8.5 Mitigation of Impacts at Operation Stage Proposed mitigation activities at this stage are focused on minimizing hazards associated with presence of electricity. Hazards of electrocution, fire outbreak etc cannot be eliminated entirely. However, professional design and implementation of electricity supply schemes coupled with implementation of a public sensitization campaign will greatly reduce incidence of accidents.

Towards promoting use of RETs: Towards ensuring that supply of grid electricity does not discourage use of other RETs, solutions can only be sought at policy level. However, adoption of a pricing mechanism that provides electricity consumers with incentives to conserve grid power through adoption of available conservation packages including use of RETs is one option towards sustaining the search for alternatives. Indeed, the disincentive towards search for other energy alternatives is the main drawback associated with supply of electricity. It is a drawback that has no readily available means for mitigation currently.

Mitigating impacts of electrocution: Accidental electrocution is mainly mitigated through reservation and maintenance of the wayleave. REA will undertake routine maintenance of the ROW to clear all vegetation and settlements. . All power poles will be girdles with spiked wire to discourage climbing and will be fitted with warning (Hatari) signs to alert all to the danger posed by presence of charged power lines.

8.6 Effectiveness of the Mitigation programme

8.6.1 Viability of Mitigation Effectiveness of the proposed mitigation programme has been assessed based on analysis of impact prevalence before and after mitigation (Table 8.2) based on this analysis, this Environmental and Social Impact Assessment Study observes that, there is a great potential to mitigate adverse impacts and hence improve the net worth of the proposed distribution lines. From Table 8.2, it is apparent that

The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line application of mitigation measures as identified and recommended has potential to reduce tally of adverse impacts (Ns) from 16 to 8 while simultaneously increasing the positive ones (Ps) from 17 to 18. Thus, subtracting the Ns from the Ps gives an overall net tally of 10P implying a very positive net impact after mitigation.

Table 8.3: Analysis of impacts scenario before and after mitigation Nature of impact Pre-mitigation tally Post-mitigation tally Positives 17P 18P Negatives 16N 8N Net 1P 10P Residue impacts 8N Irreversible adverse impacts 3 3

Overall, the proposed project enjoys a highly positive benefits profile as it will strongly support initiatives towards poverty alleviation and reversal of environmental-degradation both of which are critically important policy aspirations of the Kenya Government. This Study recommends that project development should proceed but factor in the mitigation measures recommended herein. Implementation of this EMP will however require close follow-up and scrutiny to ensure achievement and substance of this esteemed net positive profile of the project. Requirements for monitoring are explored below.

8.6.2 Prevalence of residue impacts This study observes that 8 of the 16 adverse impacts associated with the project will persist even after mitigation. These are the impacts whose probability can be reduced substantially through mitigation but cannot be eliminated entirely. Their management requires implementation of a strict monitoring programme as outlined elsewhere below.

8.6.3 Management of decommissioning Design of power distribution lines assumes an economic life of 25-30 years for wooden poles and 40 years for distribution cables which imply that, at some point, the system will require to be decommissioned either in whole or by components. Concerns associated with decommissioning would include occupational health and safety hazards, accumulation of scrap metal waste, electrical conductors, insulators and other components which apart from taking up productive space would also pose diverse hazards (health and safety, harboring of vermin, etc) to local inhabitants and their property. The ESMP unveiled below has explicit requirements for management of decommissioning phase impacts.

8.7 Monitoring requirements

8.7.1 The concepts Monitoring involves the collection and analysis of data about project activities. The data should be easy to collect and easy to understand. The focus of monitoring is to use the knowledge gained to correct and adjust project implementation and management in order to achieve project objectives. Monitoring allows project participants to keep track of project activities, to determine whether project objectives are being achieved, and to make whatever changes are necessary to improve project performance.

To be successful, monitoring begins with clear project design followed by identification and elaboration of appropriate criteria and indicators. This document provides guidance about incorporating monitoring and evaluation elements in each stage of the project cycle.

Indicators and means of verification in M&E : Indicators form the key elements of any monitoring and evaluation system. The advantage of identifying indicators is that it provides management and staff with a clear set of targets at each level of performance and ensures that progress can be measured against the targets. Indicators also make possible the comparison of inputs with the completion of outputs and achievement of objectives and goals, thus providing the basis for performance evaluation. For purposes of this Project Report, indicators have been formulated to facilitate monitoring of compliance in implementing the project.

8.7.2 Procedure for M&E in project development Table 8.3 below provides the matrix of Environmental and Social Management and Monitoring as proposed for the development of a 33 kV distribution line. From this plan, it is clear that most mitigation activity will take place at the construction stage having been allowed for at the design stage. This study recommends this ESMP to be applied further as follows:-

(i) The ESMP will be integrated into the Design Report- as a standalone chapter and also to moderate design decisions (ii) Further, it will be integrated into the BOQs to ensure funding allocation of environmental and social mitigation. (iii) Ultimately, Contracts for Construction will bear clauses from the ESMP to ensure that the contractor is legally bound to implement impact mitigation

The ESMP in table 8.2 provides a detailed framework of issues, indicators and responsibilities in monitoring the project.

Table 8.4: Matrix for Environmental and Social Management and Monitoring (ESMP) Project Phase Source of Potential Impact Mitigation measures Budget Responsible Objectively Monitoring * Impact (Ksh 000) Cost Head Verifiable Indicators Authority Design Stage Design Creation of temporary opportunities for Studies, field gainful employment surveys and Generation of additional site-specific data inventories /study reports Capacity building and sensitization Minor accidents during survey work Deploy competent staff Exercise already completed Construction Supply of Business opportunities in supply and Phase materials transport of construction materials Road hazards in material transportation Transporters to follow Contract for Contractor Ditto REA BOM highway code material supply Construction Short-term opportunities for business and work employment in construction Revenue to GoK and Local Authorities through taxes Damage of property (tree crops) from ROW Just compensation for all 2,000 REA Negotiated REA BOM corridor displaced assets agreements with PAPs REA to support local 2,000 REA No of seedlings REA BOM reforestation projects raised and planted Occupational health and safety concerns for Deploy sober, competent Contract for Contract for Clause in contract for REA BOM construction crew crew with supervision. Construction Construction construction Provide PPEs. Solid wastes from construction activity Apply the 3 Rs concept. Contract for Contract for Clause in contract for REA BOM construction Construction construction Mitigation of conflict over use of road REA to consult road sector Internal REA Clause in the REA REA BOM reserve stakeholders in the design and budget code Service Charter construction of power lines in road reserves Law review to allow legally Internal REA Draft Bill or REA BOM 62

Project Phase Source of Potential Impact Mitigation measures Budget Responsible Objectively Monitoring * Impact (Ksh 000) Cost Head Verifiable Indicators Authority coordinated multiple use of budget Regulations road reserves Operation Presence of Economic gains from improved and Phase powered lines stabilized power supply Enhanced delivery of services in medicare, education, admin, telecommunication, etc Financial gains in oil to electricity substitution, and elimination of maintenance costs for diesel engines, etc Employment creation, reduced cost of investment Cutting down on GHG emissions due to petroleum to electricity substitution Reduction in solid waste from lead acid batteries, dry cells, candle residues, waste oil/ spares from gensets etc Adverse Exposure to Electromagnetic Fields (EMF) Threat not fully appreciated impacts from but small for low voltage lines charged high Impact on avifauna and other wildlife from Use of insulted conductors Contract for Contract for Clauses in design REA BOM voltage power presence of charged wires supervision supervision report and contract lines Hazards in attempted vandalism of REA to mount community 1,000 REA No of sensitisation transformers sensitization campaign meetings held Disincentive on use of other Renewable Outreach programme to 2,000 REA Internal Ditto REA BOM Energy Sources e.g. RETs promote alternatives to grid budget power

8.7.3 Requirements for Compliance Monitoring Compliance monitoring will be mainstreamed into the overall project monitoring system. Compliance monitoring will be based on the ESMP (Table 8.3) and will mainly vest on three institutions namely the REA in the capacity of Employer, ERC in the capacity of regulator in the power sector and NEMA in the capacity of environmental regulator. The roles of all stakeholders in facilitating achievement of project goals are enumerated in sections below. Tools will be used for monitoring as follows:-

• Completion certificates issued by the Resident Engineer (Supervisor of Works) on behalf of the REA • REAs internal monitoring reports • Monitoring reports submitted to NEMA annually • Monitoring reports produced by the ERC in capacity of regulator in the power sector.

Overall, the responsibility for securing overall soundness and viability of the project vests with the REA in the capacity of proponent and employer in this project.

8.8 Roles and Responsibilities in implementing the EMP This Environmental and Social Impact Assessment identifies several crucial players in executing impact mitigation measures for the proposed development of 33 kV distribution line. They include:-

The Design Engineer: The design stage of the project is crucial as the point when mitigation measures are inbuilt into the project design and those with financial implications allowed for in the BOQs. Given this consideration, the Design Engineer plays a very crucial role in incorporating findings from the environmental assessment into the project design and ensuring compliance by contractors.

The Project Contractor(s ): For purposes of this ESIA, the Project Contractor will play the crucial role of offsetting impacts associated with construction activities including those along the material supply chain. Employment of professionally competent contractors is therefore crucial to achievement of the goals of this ESIA. Clauses binding the contractor to implement impact mitigation in course of civil works will be inbuilt into the Contract for Works and subsequently supervised by the Design Engineer.

REA: In its capacity as the Employer in the project the REA has overall responsibility of securing the technical and economic viability of the REP in line with performance contract and national policy aspirations. REA will also ensure that the proposed project complies with all statutory requirements.

The National Environment Management Authority-NEMA : EMCA 1999 allows for formation of the National Environmental Management Authority NEMA as the body charged with overall coordination of environmental protection in Kenya. To fully pursue this mandate, NEMA has gazette Legal Notice 101 of June 2003 which among others require that Annual Audit reports be filed for any project granted Environmental Licensing by the Authority. In line with this regulation, audit reports in respect of this power distribution line will be filed by REA annually.

The Electricity Regulatory Commission (ERC): Among many functions, the ERC is mandated to license and undertake technical audit of activities of all players in the Power Sector in Kenya and is therefore a crucial stakeholder in the power sector. The Standards Act, Chapter 496 of the Laws of Kenya empowers the ERC to enforce safety regulations and to ensure that electrical apparatus and

The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line works meet the standards set by the Kenya Bureau of Standards or, where no such standards exist, with the relevant international standards approved by the Kenya Bureau of Standards.

8.9 Budget for Environmental and Social Mitigation The sum of Ksh Seven million (7,000,000) will be required to finance both social and environmental mitigation of the project.

9 CHAPTER NINE: CONCLUSION AND RECOMMENDATIONS

9.1 The Project The subject of this Project Report is the proposed 35.3 Km long Mwachabo power distribution line project being developed by the Rural Electrification Authority-REA on behalf of the Kenya Government. The Report has been prepared for REA by Repcon Associates in line with the Environmental Management and Coordination Act, 1999 and Legal Notice No. 101 of June 2003. The report examines the project in terms of the proposed development, possible adverse impacts at both construction and operation phases and provides an Environmental and Social Plan.

9.2 Study Methodology pursued The systematic investigative and reporting methodology specified for conduct Project Reports by Legal Notice 101 of EMCA was adopted in this Study. Baseline data on project design was generated through discussion with the client and review of project documentation. Opinions formed were revalidated through field work entailing site investigations and interviews with potentially affected people and secondary stakeholders.

9.3 Findings from the Study

9.3.1 Overview of impacts It must be pointed out that the scope of adverse impacts associated with construction of 35.3 kilometers of a medium voltage power distribution line in an otherwise low density agricultural settlement is inherently low. Thus for the proposed power line, this study has identified a total of 34 impacts, 17 of which are positive. Other trends in impacts are as follows:-

• Half of the 34 impacts likely to be occasioned by the proposed construction and operation of the 35.3 kilometres of power distribution line are negative. • Ten of the 17 positive impacts are likely to be long-term in prevalence while 7 out of 8 adverse impacts have a long-term effect with 2 of them being potentially irreversible. • Nine out of sixteen adverse impacts have potential to cause secondary impacts while 6 of them have cumulative tendency i.e., they have potential to aggravate an already existing problem. • The project has a net neutral impact pre mitigation which will require to be enhanced through adoption of an effective impact mitigation strategy.

9.3.2 Nature of the potential positive impacts anticipated Positive implications of the project emanate from its potential to create short-term business and employment opportunities to both professional staff and workers during the design phase while, at construction phase, traders will benefit from opportunities to supply construction material while locals will be employed in works. Upon commissioning, the project could supply electric power to one dispensary, several schools and 5 rural trading centers where the potential to unlock business potential is real. Through adoption of electric power and cutting down on use of fossil fuels, the

9.3.3 Nature of the Potential adverse impacts/concerns Core adverse impacts could include the following:-

Displacement of trees and property : The proposed route of traverse is a semi arid rangeland dominated by low growing acacia woodland formation whose height is well below the standard height of power distribution lines in which case potential damage is likely to be minimal.

Hazards to road users: Construction activity including transport of materials to the site and actual building of the power distribution line poses occupational health and safety hazards to both construction crew and third parties.

Conflict over use of road reserves: Unless properly coordinated, construction of power lines has recently been observed to occasion conflicts over the use of road reserves and the same can recur in regard of proposed power line.

Hazards posed by powered lines: Further, presence of the line changes the local landscaper and skyline and such intrusion into space is a kind of pollution, not mentioning the perpetual hazards introduced by presence of a powered line.

9.4 The Environmental and Social Management and Monitoring Plan An Environmental and Social Management and Monitoring Plan (ESMP) comprising both an Impact Mitigation Plan (IMP) and Monitoring Plan (MP) has been developed for the project.

9.4.1 The Impact Mitigation Plan: The bulk of impacts including nuisances, occupational health and safety issues, social impacts of construction crew etc are associated with construction activity and will thus cease once construction ends. Requisite intervention has been identified as follows:-

Mitigation of impacts of tree removal: All proposed tree removal will have to be coordinated with County Agricultural Officers in Line with the Agriculture (Farm Forestry) Rules 2009. Further, REA will pay just and prompt compensation for all trees removed or lopped. Further, towards rebuilding lost vegetation cover, REA will identify and support a local group to raise and plant tree seedlings in the route of traverse. REA will follow and monitor progress of said trees to ensure achievement of highest survival possible.

Mitigation of Health and safety impact: The Contractor will be bound in contract to implement the Code of Safety as outlined in 8.4 above. The core mitigation strategy is to optimize on construction time so as to reduce the time taken to complete all civil works. The Contractor will deploy sober competent staff working under competent supervisors. In addition to provision of protective gear, all workers will be covered under the Workman Compensation Scheme.

Mitigation of potential for conflict in use of the road reserves: At the design stage, REA will engage all road sector stakeholders to agree on mutually acceptable sharing of the target road reserves but in the long run, this matter will require legal resolution.

Mitigation of hazards associated with presence of a powered line: Towards curbing vandalism of the power distribution line and associated hazards, the REA will mount public sensitization campaigns in the affected area and will ensure that the property is promptly handed over to the 67

The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line community. As well, the contractor should be held liable for all vandalism during the defect liability period.

9.4.2 Effectiveness of the Mitigation Plan Based on analysis of impact prevalence before and after mitigation it is evident that, application of mitigation measures as identified and recommended has potential to totally eliminate most impacts and greatly tone down others. However, 8 of the eighteen adverse impacts associated with the project will persist even after mitigation. These are the impacts whose probability can be reduced substantially through mitigation but cannot be eliminated entirely. Their management requires implementation of a strict monitoring programme which has already been outlined within this report.

9.4.3 Total Cost in Environmental and Social Mitigation A total Ksh 7 million will be required to offset the social and environmental impacts associated with the project.

9.5 The Monitoring Strategy The Mitigation strategy proposed is largely focused on ensuring that mitigation action will be implemented. Requirements for this are as follows:-

i) The responsibility for ensuring total environmental worth of the proposed project vests with REA in the capacity of proponent. Towards this, the proponent will retain and deploy the team of highly motivated environmental and social scientists to monitor and report on all stages of the project. ii) The ESMP as outlined above be integrated into the Design Report with appropriate allocation of funds in the Bills of Quantities. iii) The Contractor will prepare routine reports which will be ascertained by the Supervising Consulting Engineer before Payment Certificate can be issued. iv) The contract for construction should bear clauses binding the contractor to implement impact mitigation as part of the civil works. Environmental stabilization works will be covered under the defect liability period. v) REA will mount own internal monitoring to ensure that impact mitigation has been implemented and will file annual audit reports with NEMA. vi) The proposed project will adhere to all other laws of the land and will seek and obtain all requisite statutory permits.

9.6 Recommendations of this Project Report The proposed development of a power distribution project is largely aligned to reigning GOK Policies for national development. The project enjoys a highly positive benefits profile as it will strongly support initiatives towards poverty alleviation and reversal of environmental-degradation both of which are critically important policy aspirations of the Kenya Government. This Study recommends that project development should proceed but factor in the mitigation measures recommended herein. REA in the capacity of proponent will require to closely monitor activities especially at construction stage and simultaneously avail funds for environmental and social restoration.

Our recommendation is for the project to be licensed to proceed to the next level of development.

REFERENCES

1. Foliart D. E., Pollock B. H, G. Mezei, R Iriye, J M Silva, K L Ebi, L Kheifets, M P Link, and R Kavet, 2006 : Magnetic field exposure and long-term survival among children with leukemia. British Journal of Cancer 16; 94(1): 161-164. Cancer Research UK. 2006 2. ERB (2005): Environmental, Health & Safety Policy Framework for the electric power sub-sector. ERB Head Office, Nairobi. 3. OGALLO, L. (1979), Rainfall variability in Africa. Monthly Weather Revision, 107: pp. 1133-1139. 4. Republic of Kenya, Ministry of Energy, 2000: Study on Energy, Demand, Supply and Policy Strategy for Households, Small Scale Industries and Services Establishments in Kenya. Ministry of Energy, Nairobi. 5. UNEP & WMO, (1991): Greenhouse Gas Inventory Reporting Instructions Final Draft. IPCC Draft Guidelines for National Greenhouse Gases Inventories Vol I. IPCC & OECD joint programme. 6. UNEP & WMO, 1991): Greenhouse Gas Inventory Reporting Instructions Final Draft. IPCC Draft Guidelines for National Greenhouse Gases Inventories Vol I. IPCC & OECD joint programme.

APPENDICES: Appendix 1.1: Statutory registration for Repcon Associates Appendix 1.2: NEMA registration for Study Team Appendix 1.3: List of documents and data sources consulted Appendix 2.1: Bills of Quantities for the power distribution line Appendix 5.1: Nairobi based consultations Appendix 5.2: Project specific consultations in Taita Taveta County Appendix 7.1: Third Schedule to Legal Notice 101 Appendix 7.2: Leopold Matrix

Appendix 1.1: Statutory registration for Repcon Associates

Appendix 1.2: NEMA registration for Study Team

Appendix 1.3: List of documents and data sources consulted

REFERENCES

Appendix 2.1: Bills of Quantities for the power distribution line

Appendix 5.1 Nairobi based consultations

Appendix 5.2: Project specific consultations in Taita Taveta County

Appendix 7.1: Third Schedule to Legal Notice 101

THIRD SCHEDULE

GENERAL GUIDELINES FOR CARRYING OUT AN ENVIRONMENTAL IMPACT ASSESSMENT STUDY

An environmental impact assessment study shall be conducted in accordance with the general environmental impact assessment guidelines and administrative procedures issued by the Authority. An environmental impact assessment study shall include the following:

1. Sources of Impact 2. Project Inputs 3. Project Activities 4. Areas of Impact on the Natural and Human Environments 5. Environmental Impacts (General Impacts on the Natural and human Environment) 6. Environmental Guidelines and Standards (National Legislation, International guidelines. International Conventions and Treaties) 7. Mitigation Measures 8. Environmental Management Plan 9. Environmental Monitoring and Auditing.

Appendix 7.2: Leopold Matrix

Summary Matrix of Environmental Impact Assessment for proposed the Mwachabo Market and Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33kV power distribution line POTENTIAL IMPACTS OF PROJECT DECISION

1. Agricultural Lands a) Are there cultivable lands in the area? Yes No Unk b) Will project decision result in more or improved cultivable land? Yes No Unk c) Will project decision result in less or damage cultivable land? Yes No Unk

ESTIMATE IMPACT ON AGRICULTURAL LAND:

ND HA MA LA LA O LB HB

2. Soil Erosion a) Will project decision help to prevent soil loss or erosion Yes No Unk b) Will project decision directly cause or worsen soil loss or Yes No Unk erosion? c) Could project decision indirectly lead to practices that could Yes No Unk cause soil loss or erosion? d) Is it necessary to consult a soils scientist Yes No Unk

ESTIMATED IMPACT ON SOIL EROSION:

ND HA MA LA LA O LB HB

3. Slope Stability a) Does project decision involve actual modification of slopes Yes No Unk b) Will project decision affect stability of slopes indirectly Yes No Unk c) Will project decision result in slope stability? Yes No Unk d) Could project decision cause people livestock or property to be Yes No Unk located where existing unstable slopes could be a hazard? e) Is it necessary to consult a geo-technical engineer? Yes No Unk

ESTIMATED IMPACT ON SLOPE STABILITY:

ND HA MA LA LA O LB HB

4. Energy - Mineral Resources a) Do energy - mineral resources exist in project area? Yes No Unk b) Will project decision help to develop, now or in the future, Yes No Unk important energy-mineral resources? c) Will project decision cause significant consumption of additional Yes No Unk

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energy -mineral resources such as engine fuels? d) Could project decision prevent or impede future development of Yes No Unk essential energy-mineral resources? e) Is it necessary to consult with a minerals agency or mining Yes No Unk engineer?

ESTIMATED IMPACT ON ENERGY/ MINERAL RESOURCES: ND HA MA LA LA O LB HB

5. Surface Water Quantity a) Do surface water resources exist in project area? Yes No Unk b) Is information available on present and future demands on water Yes No Unk resources as result of the project? c) Will project decision help to increase or preserve available Yes No Unk surface water supplies by such things as improved drainage / run- off conditions? d) Will project decision increase demand or cause loss of available Yes No Unk surface water directly or indirectly? e) Is it necessary to consult a hydrologist? Yes No Unk

ESTIMATED IMPACT ON SURFACE WATER QUANTITY:

ND HA MA LA LA O LB HB

6. Surface Water Quality a) Is information available on present water quality? Yes No Unk b) Will project decision lead to additional natural or man made Yes No Unk discharges into surface waters? c) Will project decision help to improve or protect surface water Yes No Unk quality? d) Could project decision cause deterioration of surface water Yes No Unk quality either directly or indirectly? e) Is it necessary to consult a water quality engineer or agency? Yes No Unk

ESTIMATED IMPACT ON SURFACE WATER QUALITY:

ND HA MA LA LA O LB HB

7. Ground Water Quantity a) Do ground water resources exist in project area? Yes No Unk b) Is information available on present and future demands on water Yes No Unk resources as result of the project? 101

The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line c) Will project decision help to increase or preserve available ground Yes No Unk water supplies by such things as improving recharge conditions? d) Will project decision increase demand or cause loss of available Yes No Unk ground water either directly or indirectly? e) Is it necessary to consult a hydrogeologis? Yes No Unk

ESTIMATED IMPACT ON GROUNDWATER QUALITY:

ND HA MA LA LA O LB HB

8. Ground Water Quality a) Is information available on present water quality? Yes No Unk b) Will project decision cause any natural or man made discharges Yes No Unk into ground aquifers? c) Could project decision cause deterioration of ground water quality? Yes No Unk d) Could project decision cause deterioration of ground water quality Yes No Unk either directly or indirectly? e) Is it necessary to consult a ground water quality specialist? Yes No Unk

ESTIMATED IMPACT ON GROUND WATER QUALITY.

ND HA MA LA LA O LB HB

9. Air Quality a) Is information available on existing air quality? Yes No Unk b) Will project decision produce any air emission directly? Yes No Unk c) Will project decision help to reduce existing air pollution sources Yes No Unk such as open burning operations? d) Could project decision lead to practices that worsen air quality such Yes No Unk as causing increased road traffic or industrialization? e) Could project decision lead to a change in engine use or fuel Yes No Unk combination that could cause serious air problems?

ESTIMATED IMPACT ON AIR QUALITY:

ND HA MA LA LA O LB HB

10. Noise a) Is noise now a problem in project area? Yes No Unk b) Will project help in reducing undesirable noise conditions? Yes No Unk c) Will project cause temporary or sustained increases in noise Yes No Unk generation conditions such as heavy machinery or road travel? d) Could project cause movements of people to high noise level Yes No Unk

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locations? e) Is it necessary to consult a noise specialist? Yes No Unk

ESTIMATED IMPACT ON AIR QUALITY:

ND HA MA LA LA O LB HB

11. Aquatic Ecosystems

a) Are there any aquatic ecosystems of which the types listed below Yes No Unk which, by nature of their size, abundance or type, can be considered significant or unique?

River? Streams? Lakes? Ponds? b) Are these systems essentially: Pristine? Moderately degraded? Yes No Unk Severely degrade? Unk Yes No Ponds? Unk Yes No c) Are these systems used by the local people: i) Consumptively For drinking water? Yes No Unk For Irrigation? Yes No Unk For livestock? Yes No Unk ii) Non-consumptively For washing and bathing? For waste Disposal? For Transportation? For Harvest of non-domesticated plants or animals as food, fiber animals as food, fiber fur or other useful products? d) Will the project directly affect consumption use of water? Yes No Unk e) Will the project directly or indirectly affect either non-consumptive or consumptive uses of these ecosystems by: Use or production of toxic material (both during No Unk construction and / operation) which might enter these Yes No Unk systems? Yes Unk No Alteration of drainage? Yes Unk Increasing erosion? Yes No Causing increase in populations so as to place added stress on their systems? ESTIMATED IMPACT ON AQUATIC ECOSYSTEMS: ND HA MA LA LA O LB HB

12. Wetland Ecosystems

b) Are these systems

Pristine? Yes No Unk

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Moderately degraded? Yes No Unk

Severely degraded? Yes No Unk c) Are these systems used by local people For:

Drinking water? Yes No Unk

Livestock Water? Yes No Unk

Washing and Bathing? Yes No Unk Waste Disposal? Yes No Unk Agriculture? Yes No Unk Harvest on non-domesticate plants or animals as food, fur, or Yes No Unk fiber? e) Will the project either directly or indirectly affect wetlands by:

Changing population or land use practices so as to Yes No Unk increase Drainage of wetlands for use as agricultural, industrial or urban land?

Use or production (either during construction and / Yes No operation of toxic materials which might enter wetlands? Unk Use the water directly? Yes No Unk Alter drainage patterns so as to affect wetlands? Yes No Unk Increase erosion so as to affect wetlands? Yes No Unk

ESTIMATED IMPACT ON WET LAND ECOSYSTEMS:

ND HA MA LA LA O LB HB

13. Terrestrial Ecosystems a) Are there any aquatic ecosystems of which the types listed below which, by nature of their size, abundance or type, can be considered significant or unique?

Yes No Unk Forest? Yes No Unk Savanna?

Grassland? Yes No Unk

Desert? Yes No Unk

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Pristine? Yes No Unk

Moderately degraded? Yes No Unk Severely Degraded? Yes No Unk c) Are these present trends towards alteration of these ecosystems through cutting, burning, etc. to produce agricultural, industrial, or urban land? Yes No Unk d) Does the local population use these ecosystems to obtain non- domesticated:

Food plants? Yes No Unk Medicinal Plants Yes No unk Wood Products? Yes No Unk Fiber?

Fur? Yes No Unk

Food Animals? Yes No Unk

Yes No Unk e) Will the project require clearing or alteration of:

Small areas of land in these ecosystems? Yes No Unk

Moderate areas of land in these ecosystems? Yes No Unk Large areas of land in these ecosystems? Yes No Unk f) Does the project rely on any raw materials (wood, fiber) from these Ecosystems? Yes No Unk g) Will the project decrease use of products from these ecosystems by producing or providing substitute No Unk materials? Yes h) Will the project cause increased population growth in the area, bringing about increased stress on these Yes No Unk ecosystem?

ESTIMATE IMPACT ON TERRESTRIAL ECOSYSTEMS:

ND HA MA LA LA O LB HB

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14. Endangered species a) Is the existence of endangered species in the project area:

Very unlikely Yes No Unk Probable Yes No Unk Highly probable Yes No Unk Documented fact Yes No Unk b) Are these species:

Of scientific interest only? Yes No Unk

Of scientific interest and highly sought after by local people for food, hides, sale to animal dealers. c) Will the project affect the habitat of these animals:

Directly by destruction of habitat? Yes No Unk

Indirectly by altering habitat through changing drainage, land use? Yes No Unk d) Will the project increase ease of access to these Yes No Unk habitats? e) Will the project increase population in the project are, Yes No Unk thus placing increased pressure on these species and / or on their habitat?

ESTIMATED IMPACT ON ENDANGERED SPECIES

ND HA MA LA O LB HB

15. Migratory Species a) In the project area are there any:

Migratory fish Yes No Unk

Migratory birds Yes No Unk

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Migratory animals Yes No Unk b) Are these species used by local people for food, fur, or other products? Yes No. Unk c) Will the project require any dams, roads, pipelines or other alignments which could interfere with these No Unk migratory animals? Yes d) Will the project destroy any habitat (resting, feeding reproductive) which are critical to these species? Yes No Unk e) Will increased population place additional stress on these species? Yes No Unk

ESTIMATED IMPACT ON MIGRATORY SPECIES

ND HA MA LA O LB HB

16. Beneficial Plants a) Do non domesticated plants occur in the project area which are used or sold by local peoples as: Food? Yes No Unk Fiber? Yes No Unk Ornament? Yes No Unk Forage? Yes No Unk Building Materials No Unk b) Do these plants occur in :

Undisturbed habitat? Yes No Unk

Moderately disturbed habitat? Yes No Unk Severely disturbed habitat? Yes No Unk c) Are these plants:

Utilized heavily? Yes No Unk

Utilized moderately? Yes No Unk

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Utilized only occasionally? Yes No Unk

d) Is this use:

Peculiar to the local population? Yes No Unk

Universal in the region / country? Yes No Unk

e) Will the project:

Decrease habitat for these plants? Yes No Unk

Increase access to these plants? Yes No Unk Provide substitute products or the necessary money

to replace the use of these plants through increased Unk population? Yes No

ESTIMATED IMPACT ON BENEFICIAL PLANTS

ND HA MA LA LA O LB HB

17. Beneficial Animals

a) Do non domesticated animals occur in the project area Yes No Unk which are used or sold by local people as: Souvenir products? Yes No Unk

Food? Yes No Unk Fur? Yes No Unk Pets? b) Do these animals occur in:

Undisturbed habitats? Yes No Unk

Moderately disturbed habitat? Yes No Unk

Severely disturbed habitat? Yes No Unk

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Utilized heavily? Yes No Unk

Utilized moderately? Yes No Unk

Utilized only occasionally? Yes No Unk d) Is this use:

Peculiar to the local population? Yes No Unk

Universal in the region/county? Yes No Unk e) Will the project:

Decrease habitat for these animals? Yes No Unk

Increase habitat for these animals? Yes No Unk

Increase access to these animals? Yes No Unk

Provide substitute products or the necessary Yes No Unk money to replace the use of these animals?

Increase use of these animals through increased Yes No Unk population?

ESTIMATED IMPACT ON BENEFICIAL ANIMALS:

ND HA MA LA LA O LB HB

18. Pest Plants a) Are there currently any pest plant problems in the project area? Yes No Unk b) Are there any potential pest plant species known to exist in the project area? Yes No Unk c) Are these pest plants associated with:

Severely disturbed land? Yes No Unk

Agricultural land? Yes No Unk

Stagnant or polluted water? Yes No Unk

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Increased habitat for pest plants? Yes No Unk

Decreased habitat for pest plants? Yes No Unk

Provide opportunity for control of pest plants? Yes No Unk

Increase the possibility of introduction of pest plants through increased commerce? Yes No Unk

ESTIMATED IMPACT ON PEST PLANTS:

ND HA MA LA O LB HB

19. Pest Animals a) Are there currently any problems with pest animals in the project area? Yes No Unk b) Are there any animals in the project area which, under altered ecological conditions, have the potential for

becoming pest species Yes No Unk c) Are these species associated with:

Severely disturbed land? Yes No Unk

Agricultural land? Yes No Unk

Aquatic Habitats? Yes No Unk d) Will the project:

Increased habitat for pest animals? Yes No Unk

Decreased habitat for pest animals? Yes No Unk

Provide opportunity for control of pest animals? Yes No Unk Increase the possibility of introduction of pest

animals through increased commerce? Yes No Unk Provide the opportunity for control of pest animals? Yes No Unk

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ESTIMATED IMPACT ON PEST ANIMALS:

ND HA MA LA O LB HB

20. Disease Vectors a) Are the known disease problems in the project area transmitted through vector species such as mosquitoes, flies, snails, etc? Yes No Unk b) Are these vector species associated with :

Aquatic habitats? Yes No Unk

Forest habitats? Yes No Unk

Agricultural habitats? Yes No Unk

Degraded habitats? Yes No Unk

Human settlements? Yes No Unk c) Will the project:

Increase vector habitat? Yes No Unk

Decrease vector habitat? Yes No Unk

Vector control? Yes No Unk d) Will the project work force be possible source of introduction of disease vectors not currently found in Yes No Unk the project areas? e) Will increased access to any commerce with the project area be a possible source of disease vectors Yes No Unk not presently occurring in the project area? f) Will the project provide opportunities for vector control through improved standards of living? Yes No Unk

ESTIMATED IMPACT ON DISEASE VECTORS:

ND HA MA LA LA O LB HB

21: Disease Vectors a) Are vector-borne diseases an important part of the

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local public health situation? Yes No Unk b) Are these clinics or other disease control programs in operation or planned for the area? Yes No Unk c) Will the project decision result in an increase in disease vector density or distribution? Yes No Unk d) Will the project decision result in workers of other persons entering the area with contagious or vector Yes No Unk borne diseases?

e) Will the project decision result in clearing operations that could expose workers to disease vectors? Yes No Unk g) Will the project decision increase the hazard of accident to the local population to receive health Yes No Unk care? h) Is it necessary to consult with a public health specialist? Yes No Unk

ESTIMATED IMPACT ON PUBLIC HEALTH:

ND HA MA LA O LB MB HB

22. Resource/Land-use a) Are the natural resources of the area under intensive use pressure? Yes No Unk b) Are lands in the project area intensively developed? Yes No Unk c) Will the project decision increase pressure on land resources? Yes No Unk d) Will the project decision result in workers or other persons entering the area with contagious or vector Yes No Unk borne disease?

112

The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line e) Will the project decision result in clearing operations that could expose workers to disease vectors? Yes No Unk f) Will the project decision increase the hazard of accident to the local population? Yes No Unk g) Will the project decision improve opportunities for Yes No Unk the local population to receive health care? h) Is it necessary to consult with a public health Yes No Unk specialist?

ESTIMATED IMPACT ON PUBLIC HEALTH

ND HA MA LA LA O LB HB

Conventional / Non-conventional Energy sources a) Will the project increase the demand for conventional energy sources (petroleum, hydropower)? Yes No Unk b) Will the project increase the demand for nonconventional energy sources (fuelwood, dung, Yes No Unk agricultural wastes)? c) Should an energy planner be consulted? Yes No Unk

ESTIMATED IMPACT ON ENERGY SOURCES:

ND HA MA LA O LB HB

23. Distribution Systems a) Are the production / distribution networks for agricultural and manufactured commodities fully understood? Yes No Unk b) Will the project decision enhance the equitable distribution of these products? Yes No Unk c) Will the project decision increase the demand for certain commodities within or outside the area? Yes No Unk

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The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line d) Will the project decision decrease the demand for certain locally produced goods? Yes No Unk e) Will the project decision improve the ease with which consumers in the area obtain commodities? Yes No Unk f) Will the project decision improve the ease with which consumers in the area obtain commodities? Yes No Unk f) Is it necessary to consult a social anthropologist? Yes No Unk

ESTIMATED IMPACT ON DISTRIBUTION SYSTEMS

ND HA MA LA O LB HB

25. Employment

a) Is there potenti al work force in the area fully employed? Yes No Unk b) Will the project decision substantially increase the rate of employment? Yes No Unk c) Will the project decision remove job opportunities in the area? Yes No Unk d) Will the project decision result in drawing workers from other local employers? Yes No Unk e) Is it necessary to consult with a socioeconomist? Yes No Unk

ESTIMATED IMPACT ON EMPLOYMENT

ND HA MA LA LA O LB HB

26. At-Risk Population a) Are the adverse impacts of the project unequally distributed in the target population? Yes No Unk b) Have the at-risk groups been identified? Yes No Unk

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The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line c) Have all possible actions been identified that would lessen the impact on at-risk groups? Yes No Unk d) Is the assistance of a social anthropologist required to Yes No Unk adequately answer these questions?

ESTIMATED IMPACT ON AT-RISK POPULATION

ND HA MA LA LA O LB HB

27. Migrant population

a) Are there presently certain mobile groups in the target population? Yes No Unk b) Will the p roject decision result in immigration of people to the area? Yes No Unk c) Are local institutions and agencies adequately geared to handle this influx? Yes No Unk d) Will the project decision result in the movement of people out of the area? Yes No Unk e) Can their probable destinations be predicted? Yes No Unk f) Are local institutions and agencies or receiving agencies able to handle these migrant groups? Yes No Unk g) Is it necessary to consult a social anthropologist? Yes No Unk

ESTIMATE IMPACT ON MIGRANT POPULATION

ND HA MA LA O LB HB

28. Community Stability a) Are the interrelationships of various social groups in the project area understood? Yes No Unk

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The Rural Electrification Authority: Project Report for the proposed Mwachabo Market & Pry/Manoa Disp/ Chunga Unga, Dighai, Kamtonga and Mkuki Markets (Mwatate Constituency) 33 kV power distribution line b) Will the project decision establish institutions that will improve these interrelationships? Yes No Unk c) Will the project decision establish create competition Yes No Unk among social groups that would reduce community cohesion? d) Is it necessary to consult a social anthropologist? Yes No Unk

ESTIMATED IMPACT ON COMMUNITY STABILITY

ND HA MA LA O LB HB

29. Cultural and Religious Values a) Have studies been conducted of the cultural values of the project area? Yes No Unk b) Are the cultural characteristics unique to the project area adequately known? Yes No Unk c) Will the project decision adversely affect the religious attitudes of area residents? Yes No Unk d) Are there special superstitions or religious taboos that will affect the acceptance of the project by the target Yes No Unk population? e) Is it necessary to consult a social anthropologist? Yes No Unk

ESTIMATED IMPACT ON CULTURAL AND RELIGIOUS VALUES

ND HA MA LA O LB MB HB

30. Tourism and Recreation a) Is there at present a significant degrees of tourism in the area? Yes No Unk b) Is there un-exploited tourism or recreation potential in the area? Yes No Unk c) Will the project decision result in more effective

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utilization of present or future tourism opportunities? Yes No Unk d) If so, will this adversely affect an existing or potential tourist or recreation attraction? Yes No Unk e) Will the project decision adversely affect an existing or potential tourist or recreation attraction? Yes No Unk

ESTIMATED IMPACT ON TOURISM AND RECREATION

ND HA MA LA O LB MB HB

31. Nutrition a) Have adequate data been gathered on the nutritional levels in the project area? Yes No Unk b) Do these data differentiate among various population sub-groups, by age, sex or social level? Yes No Unk

C) Will the project decision result in changed food habits in the target population? Yes No Unk d) Will these changes result in improved nutritional characteristics? Yes No Unk e) Are the services of a nutrition specialist required? Yes No Unk

ESTIMATED IMPACT ON NUTRITION

ND HA MA LA O LB MB HB

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