Location of Murang'a County Within Kenya

Public Disclosure Authorized

ATHI WATER SERVICES BOARD

INDEPENDENT COMMUNITY WATER SUPPLY ALONG THE NORTHERN COLLECTOR TUNNEL PHASE 1 TO THIKA DAM – MURANG’A WATER

Public Disclosure Authorized SUPPLY

Environmental and Social Impact Assessment Project Report

Public Disclosure Authorized Public Disclosure Authorized

May 2015

ESIA Project Report for Murang’a Water Supply May 2015

CONTENTS

CONTENTS I LIST OF TABLES V LIST OF FIGURES VI ACRONYMS VII EXECUTIVE SUMMARY VIII 1.0 INTRODUCTION 1

1.1 BACKGROUND OF THE PROJECT 1 1.2 PROJECT LOCATION 2 1.3 SCOPE OF THE ESIA STUDY 4 1.4 OBJECTIVES OF THE ESIA STUDY 5 1.5 TERMS OF REFERENCE (TOR) FOR THE ESIA PROCESS 5 1.5 METHODOLOGY 6 1.5.1 Desk review 6 1.5.2 Field visits 6 1.5.3 Socioeconomic Survey 6 1.5.3 Public consultation 7 1.5.4 Impact assessment and analysis 7 1.6 THE ESIA TEAM 8 1.7 REPORTING AND DOCUMENTATION 8 1.8 STRUCTURE OF THE ESIA PROJECT REPORT 9 2.0 PROJECT DESCRIPTION 11

2.1 INTRODUCTION 11 2.2 PROPOSED INTERVENTIONS 11 2.2.1 Kiriciungu Treatment Works 11 2.2.2 Kahuti Treatment Works 12 2.2.3 Muruka–Kenol-Makuyu Pipeline 12 2.2.4 Mareira-Sabasaba-Muthithi 12 2.2.5 Kaharati-Iganjo Pipeline 12 2.2.6 Rwathia - Mukangu pipeline 13 2.2.7 Kayahwe – Kambirwa Pipeline 13 2.3 CONSTRUCTION PERIOD 15 2.4 PROJECT COST 15 3.0 BASELINE ENVIRONMENT 16

3.1 PHYSICAL ENVIRONMENT 16 3.1.1 Topography 16 3.1.2 Climate 16 3.1.3 Soils 17 3.1.4 Geology 18 3.1.4 Water resources 18 3.2 BIOLOGICAL ENVIRONMENT 18 3.2.1 Flora and fauna 18

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3.3 SOCIO-ECONOMIC BASELINE 20 3.3.1 Administrative units and population 20 3.3.2 Marital Status 21 3.3.3 Religion 22 3.3.4 Education 22 3.3.5 Income and expenditure 24 3.3.6 Housing 26 3.3.7 Sources of Energy for lighting and cooking 26 3.3.8 Access to water 27 3.3.9 Toilet facilities 29 3.3.10 Health 29 3.3.11 Land tenure and ownership 31 3.3.12 Land use 32 3.3.13 Livestock inventory 33 4.0 LEGAL, POLICY AND ADMINISTRATIVE FRAMEWORK 35

4.1 POLICY FRAMEWORK 35 4.1.1 Environmental policy framework 35 4.1.2 National Water Policy 36 4.1.3 Land policy 36 4.1.4 Kenya Vision 2030 38 4.1.5 National Environment Action Plan Framework, 2009 - 2013 38 4.1.6 Policy on Environment and Development 39 4.1.7 The National Poverty Eradication Plan (NPEP), 1999 40 4.2 LEGAL FRAMEWORK 40 4.2.1 The constitution of Kenya 40 4.2.2 Environmental Management and Coordination Act (EMCA), 1999 41 4.2.3 Water Act, 2002 49 4.2.4 Land Related Acts 52 4.2.5 Occupational Safety and Health Act, 2007 58 4.2.7 The Penal Code (Cap. 63) 62 4.2.6 Public Health Act (Cap 242) 62 4.2.8 Physical Planning Act 62 4.2.9 The County Governments Act 2012 63 4.2.10 Employment Act 64 4.2.11 Work Injury Benefits Act (WIBA) 64 4.2.12 Explosives Act, Cap 115 65 4.3 LICENCES AND PERMITS 66 4.4 WORLD BANK OPERATIONAL POLICIES 66 4.4.1 Environmental Assessment (OP 4.01) 66 4.4.2 Natural Habitats (OP 4.04) 67 4.4.3 Physical Cultural Resources (OP 4.11) 67 4.4.4 Involuntary Resettlement (OP 4.12) 68 4.4.5 Operational Policy 4.36: Forests 68 4.5 INTERNATIONAL CONVENTIONS AND TREATIES 69 4.5.1 Millennium Development Goals (MDG’s) 69 4.5.2 United Nations Framework Convention on Climate Change (UNFCCC) 71 4.5.3 Convention on Biological Diversity 72 4.5.4 African Convention on the Conservation of Nature and Natural Resources 72 4.5.5 Kyoto Protocol 72 4.6 INSTITUTIONAL AND ADMINISTRATIVE FRAMEWORK 73 4.6.1 Ministry of Environment, Water and Natural Resources 73

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4.6.2 National Environment Management Authority (NEMA) 74 4.6.3 Athi Water Services Board 76 4.6.4 Tana Water Services Board 76 4.6.5 Water Resource Management Authority (WRMA) 77 4.6.6 Water Services Regulatory Board 77 4.6.7 Water Services Providers 77 4.6.8 County Government of Murang’a 78 5.0 ANALYSIS OF ALTERNATIVES 79 5.1 INTRODUCTION 79 5.2 NO PROJECT ALTERNATIVE 79 5.3 FUNDAMENTAL ALTERNATIVES 79 5.3.1 Development alternatives 80 5.3.2 Location alternatives 80 5.4 INCREMENTAL ALTERNATIVES 80 5.4.1 Layout alternatives 80 5.4.2 Alternative construction materials and technology 80 6.0 PUBLIC CONSULTATIONS AND PARTICIPATION 82

6.1 BACKGROUND 82 6.1.1 Objectives of the Public Consultations 82 6.2 STAKEHOLDER CONSULTATIONS 83 6.3. PUBLIC SENSITIZATION 90 6.4 PERCEPTIONS AND SUPPORT OF THE PROPOSED PROJECT 93 6.5 PROBLEMS AFFECTING PEOPLE IN THE AREA 93 7.0 ASSESSMENT OF IMPACTS AND MITIGATION MEASURES 95

7.1 INTRODUCTION 95 7.2 POSITIVE IMPACTS DURING PLANNING AND DESIGN PHASE 97 7.2.1 Employment opportunities 97 7.2.2 Creation of awareness 97 7.3 NEGATIVE IMPACTS DURING PLANNING AND DESIGN PHASE 98 7.4 POSITIVE IMPACTS DURING CONSTRUCTION PHASE 98 7.4.1 Employment opportunities 98 7.4.2 Creation of a market for construction 99 7.5 NEGATIVE IMPACTS DURING CONSTRUCTION 99 7.5.1 Interference with the physical setting 99 7.5.2 Interruption of existing installations on the pipeline route 100 7.5.3 Land take 100 7.5.4 Noise generation 101 7.5.5 Dust emissions 102 7.5.6 Disposal of spoil 103 7.5.7 Solid waste generation 103 7.5.8 Vegetation loss 104 7.5.9 Accidental Spills and Leakages 104 7.5.10 Workers accidents and hazards 105 7.5.11 Extraction and use of construction materials 105 7.5.12 Increased water demand 106 7.5.13 Archaeological and other cultural properties 106

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7.5.14 Increase in HIV/AIDS prevalence and other STIs 107 7.5.15 Spread of communicable diseases and other infections 107 7.5.16 Immigration and settlement 108 7.5.17 Growth of unplanned settlements 108 7.5.18 Child labour 108 7.6 POSITIVE IMPACTS DURING OPERATION 109 7.6.1 Improved water quality and quantity 109 7.6.2 Creation of job opportunities 109 7.6.3 Improved performance and living standards within the project area 109 7.6.4 Creation of wealth 110 7.6.5 Reduced exposure to health risks and improved nutrition 110 7.6.6 Sustainability of the Water Service Providers 110 7.6.7 Enhanced gender and participation in development 110 7.6.8 Education benefits to girl child 110 7.7 NEGATIVE IMPACTS DURING OPERATION PHASE 110 7.7.1 Reduced downstream flows 110 7.7.2 Increased domestic wastewater generation 111 7.7.3 Sludge management 111 7.7.4 Back wash water 112 7.7.5 Chemical handling 112 7.7.6 Solid waste generation and disposal 113 7.7.7 Noise generation and vibration 113 7.7.8 Emergency preparedness 114 7.7.9 Energy management 114 7.8 IMPACTS DURING DECOMMISSIONING PHASE 115 8.0 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN 117

8.1 OVERVIEW 117 8.2 CONSTRUCTION ENVIRONMENTAL AND SOCIAL MANAGEMENT PLANS 117 8.3 OPERATIONS ENVIRONMENTAL MANAGEMENT PLANS 118 8.4 MONITORING AND EVALUATION 129 8.5 DECOMMISSIONING PLAN 133 9.0 CONCLUSION AND RECOMMENDATIONS 134 10.0 APPENDICES 136

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LIST OF TABLES

Table 1-1: Administrative units covered by the project ...... 2 Table 2-1: Project Cost ...... 15 Table 3-1: Major soil types in the project area ...... 17 Table 3-2: List of tree species found in the project area...... 19 Table 3-3: Types and status of wildlife in forests within the project area ...... 20 Table 3-4: Population in the project area ...... 20 Table 3-5: Housing conditions ...... 26 Table 3-6: Sources of energy for cooking and lighting ...... 27 Table 3-7: Mode of water treatment ...... 29 Table 3-8: Health Indicators – Murang’a District ...... 29 Table 3-9: Existing land use within the proposed project study area ...... 32 Table 3-10: Land use systems in drylands ...... 32 Table 3-11: Reason for keeping the livestock ...... 34 Table 4-1: Quality standards for sources of domestic water ...... 43 Table 4-2: Maximum permissible noise levels ...... 46 Table 4-3: Maximum permissible noise levels for construction sites (measurement taken within the facility) ...... 48 Table 4-4: Provisions under the Occupational Safety and Health Act, 2007 ...... 60 Table 6-1: Summary of discussions with key stakeholders within Murang’a County ...... 83 Table 6-2: Public consultation meetings during ESIA ...... 90 Table 6-3: Photo log of various meetings held during the ESIA study ...... 92 Table 7-1: Summary of environmental and social impacts ...... 95 Table 7-2: Summary of compensation budget...... 101 Table 8-1: Environmental and Social Management Plan ...... 119 Table 8-2: Monitoring checklist ...... 130

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LIST OF FIGURES

Figure 1-1: Location of Murang’a County within Kenya ...... 3 Figure 1-2: Map of Muranga County ...... 4 Figure 2-1: Map showing the location of the proposed activities (which do not include Thika dam) ...... 14 Figure 3-1: Age of the respondents ...... 21 Figure 3-2: Marital Status ...... 21 Figure 3-3: Religion ...... 22 Figure 3-4: Distance to the nearest primary school ...... 23 Figure 3-5: Highest education level ...... 24 Figure 3-6: Primary income sources ...... 24 Figure 3-7: Monthly income ...... 25 Figure 3-8: Household monthly expenditure ...... 25 Figure 3-9: Sources of drinking water ...... 28 Figure 3-10: Volume of water used by household per day ...... 28 Figure 3-11: Main illnesses suffered from in the past 4 months ...... 30 Figure 3-12: Distance from the homestead to health service provider ...... 30 Figure 3-13: Time to the health service provider...... 31 Figure 3-14: Category of land tenure ...... 31 Figure 3.15: Types of agricultural crops produced in the last season ...... 33 Figure 3-16: Type of livestock kept ...... 34 Figure 6-1: Source of awareness ...... 93 Figure 6-2: Problems affecting people in the area...... 94 Figure 8-1: Flow chart for decommissioning ...... 133

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ACRONYMS

AIDS Acquired Immune Deficiency Syndrome AWSB Athi Water Services Board CEMP Construction Environmental Management Plan COP Conference of Parties EA Environmental Audit EIA Environmental Impact Assessment EMCA Environmental Management and Coordination Act ESMP Environmental and Social Management Plan ESIA Environmental and Social Impact Assessment Ha Hectare HIV Human Immunodeficiency Virus KAWASCO Kahuti Water and Sanitation Company Km Kilometres Km2 Square Kilometres Ksh Kenya Shillings m Metres m3 Cubic Metres MDG’s Millennium Development Goals mm Millimetres MUWASCO Murang’a Water and Sanitation Company MUSWASCO Murang’a South Water and Sanitation Company NEAP National Environment Action Plan NEC National Environment Council NEMA National Environmental Management Authority NPEP National Poverty Eradication Plan oC Degrees Celsius PAPs Project Affected Persons PPE Personal Protective Equipment STI Sexually Transmitted Infections ToR Terms of Reference TWSB Tana Water Services Board UNCED United Nations Conference on Environment and Development UNFCCC United Nations Framework Convention on Climate Change WaSSIP Water and Sanitation Services Improvement Project WRMA Water Resource Management Authority WSB Water Services Board WSP Water Services Providers WSRB Water Services Regulatory Board

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EXECUTIVE SUMMARY

1. Introduction

Athi Water Services Board (AWSB) herein referred to as the Proponent in conjunction with Tana Water Services Board (TWSB), has proposed to improve the water supply in Muranga County through a project known as Independent Community Water Supply along the Northern Collector Tunnel Phase 1 to Thika Dam - Muranga Water Supply. This is part of AWSB strategy to address the water needs of the communities living along and downstream of the proposed Northern Collector Tunnel Phase 1. This will complement the efforts of TWSB in provision of water to these communities.

The Northern Collector Tunnel Phase 1 Project includes river diversion weir and related intake hydraulic structures at Maragua, Gikigie and Irati River as well as construction of river outlet at Githika River which will convey the additional water to Thika dam. The tunnel is approximately 11.8km long and of 3m finished internal diameter with an average depth of 100m. The tunnel will be within Kigumo and Kangema Sub-Counties in Muranga County. The objective of this project is to increase water supply in Nairobi County by 121,000m3/day.

The proposed Muranga Water Supply Project is one of the subprojects implemented under the Water and Sanitation Services Improvement Project (WaSSIP) funded by the Government of Kenya and the World Bank. The proposed Muranga Water Supply project is located within Muranga County in Kangema, Kiharu, Kandara, Kigumo and Muranga South Sub-Counties.

The Environmental Management and Coordination Act (EMCA) 1999, require that an environmental and Social Impact Assessment and Resettlement Action Plan be undertaken for projects of such nature. AWSB has therefore prepared this Environmental and Social Impact Assessment (ESIA) Project Report and a Resettlement Action Plan (RAP) Report as a separate document prior to its implementation as per the National Environment Management Authority (NEMA) requirements.

2. Project Description

The components to be constructed under this project include:

1. Muruka–Kenol-Makuyu Pipeline – 34Km 2. Mareira-Sabasaba-Muthithi Pipeline – 16.5Km 3. Kaharati-Iganjo Pipeline – 6.5Km 4. Rwathia - Mukangu pipeline – 27Km

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5. Kayahwe – Kambirwa Pipeline – 12Km 6. Kahuti II Water Treatment Plant – 4,000m3/day 7. Kiriciungu Water Treatment Plant – 4,000m3/day

From the bill of quantities, the proposed Murang’a Water Supply is envisaged to cost Ksh 750,732,570.56. The breakdown is as shown in Table 1 below:

Table 1: Project Cost Murang’a Water Supply No. Description Amount (Ksh) 1 Preliminary and General 28,490,425.00 2 Dayworks 3 Kiriciungu 320,745,394.30 4 Kahuti 332,475,608.48 Bill of Quantities Total 681,711,427.78 Contingencies 10% of Bill of Quantity Total 68,171,142.78 Sub-Total 749,882,570.56 5 Costs of implementation of the ESMP 850,000.00 Total 750,732,570.56

3. Policy and Legal Framework

This report has been prepared as per the legal requirement of the Environmental Management and Coordination Act and the Environment Impact Assessment and Audit regulations 2003 as well as the World Bank Operation Policies. Other laws reviewed include;

• The Constitution of Kenya; • Water Act, 2002 • Water Resources Management Rules 2007 • The Public Health Act (Cap 242) • The Physical Planning Act, 1996 • Kenyan Land Policy • Occupation Health and Safety Act 2007 among others.

4. Public consultation and participation

Public and stakeholder consultations were held during the scoping studies as shown in chapter 6. Some of the used raised were:

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being provided was for drinking purposes only; • They requested that the valuation exercise should be done well and compensation money released as soon as possible; • The community complained that people use the pipeline wayleaves as footpaths which has led to insecurity as thieves take the advantage to steal properties from peoples’ homesteads. They were advised to fence off these areas to avoid these cases; • The community suggested that the water service providers should immediately start doing the connections so that immediately the project is over, they can be supplied with water; • The community wanted to know who will be responsible for compensation when pipes burst and destroy their properties. They were informed that this will be the responsibility of the water service providers; • They also inquired on the ownership of the project after the completion phase. They were told that the project will be handed over to the respective water service providers; • The youth should be considered for employment during the construction phase.

5. Potential Impacts and Mitigation Measures

The main objective of this assessment was to identify significant potential impacts anticipated from the proposed Murang’a Water Supply project on the environment and social aspects with a view to establishing appropriate recommendations on ensuring that the proposed project takes into consideration appropriate measures to mitigate any adverse effects to the environment. The following table is summary of the anticipated environmental impacts.

Table 2: Summary of environmental and social impacts Environmental and social Positive/ Direct / Temporary Major / Occurrence impact negative indirect /permanent Minor Design and Construction Operation Employment opportunities Positive Direct/ Permanent/ Major ü ü Indirect Temporary

Creation of awareness Positive Direct Permanent Minor ü

Creation of markets for Positive Direct Permanent Minor ü construction material Increased water quality and Positive Direct Permanent Major - ü quantity Improved performance and Positive Direct Permanent Major - ü living standards of the residents

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Environmental and social Positive/ Direct / Temporary Major / Occurrence impact negative indirect /permanent Minor Design and Construction Operation within the project area Creation of Wealth Positive Direct Permanent Minor - ü Reduced exposure to health risks Positive Direct Permanent Major - ü and improved nutrition Sustainability of the Water Positive Direct Permanent Major - ü Service Providers Enhanced gender and Positive Indirect Permanent Minor - ü participation in development Education benefits to girl child Positive Indirect Permanent Minor - ü Interference with the physical Negative Direct Permanent Minor ü ü setting Interruption of existing Negative Direct Permanent Major ü - installations on the pipeline route Land take Negative Direct Permanent Major ü -

Noise generation Negative Direct Temporary Minor ü ü

Dust emissions Negative Direct Temporary Minor ü -

Disposal of spoil Negative Direct Temporary Minor ü -

Solid waste generation Negative Direct Temporary/ Major ü ü Permanent

Vegetation loss Negative Direct Permanent- Major ü -

Accidental spills and leakages Negative Direct Temporary Minor ü -

Worker accidents and hazards Negative Direct Permanent Major ü ü

Extraction and use of Negative Direct Temporary Minor ü - construction material

Increased water demand Negative Direct Temporary Minor ü -

Archaeological and other Negative Direct Temporary Minor ü - cultural properties

Increase in HIV/AIDS Negative Direct Permanent Minor ü - prevalence and other STIs

Spread of communicable Negative Direct Temporary Minor ü -

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Environmental and social Positive/ Direct / Temporary Major / Occurrence impact negative indirect /permanent Minor Design and Construction Operation diseases and other infections

Immigration and settlement Negative Direct Temporary Minor ü -

Growth of unplanned Negative Indirect Temporary Minor ü - settlements Child labour Negative Direct Temporary Minor ü - Reduced downstream flows Negative Direct Permanent Major - ü

Increased domestic wastewater Negative Direct Permanent Major - ü generation Sludge management Negative Direct Permanent Minor - ü

Backwash water Negative Direct Permanent Minor - ü

Chemical handling Negative Direct Permanent Minor - ü

Emergency preparedness Negative Direct Permanent Minor - ü Energy management Negative Direct Permanent Minor - ü

A range of mitigation measures in chapter seven have been proposed to mitigate against each of the anticipated negative impacts.

6. Environmental and Social Management Plan

Best practice in construction environmental management will be achieved through implementation of a detailed Environmental and Social Management Plan (ESMP). The Supervising Engineer for the project will be responsible for environmental management and related social components.

The ESMP covers all necessary steps to mitigate negative impacts during all the phases of the project. The contractor will also undertake environmental monitoring during construction. Some of the parameters to be monitored include; air, noise, soil erosion, water quality and vegetation clearance.

Construction related costs for mitigation of environmental impacts will be included in the Bill of Quantities (BoQ) as part of the design and tender documentation for the water supply.

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7. Conclusion and Recommendations

The ESIA Study was carried out based on field assessments and public consultations with the community who are likely to benefit or to be affected by the proposed Project and the Proponent in compliance with the World Bank environmental policies, Environmental Management and Coordination Act, 1999 and the Environmental (Impact Assessment and Audit) Regulations, 2003.

The proposed project is a step towards providing water to the people of Murang’a County and in that case, there is overwhelming acceptance of the project by the local community (97.5% of the surveyed population).

Negative environmental and social impacts identified in the report can be mitigated as illustrated in the ESMP and proper monitoring throughout construction and operation phases of the project is advised.

The following recommendations are made with respect to the implementation of the proposed Murang’a Water Supply Project:

i. That all land to be acquired for the proposed Project be agreed on in good time and the affected land owners compensated before implementation of the Project. This should cover acquisition of new wayleaves; land for treatment works and for storage tanks.

ii. That a complete audit be undertaken and submitted to NEMA after commissioning to ensure that all the proposed mitigation measures have been complied with. iii. That construction of all facilities in the proposed Project is carried out in accordance with approved plans, regulations, policies and laws. iv. That the Operation and Maintenance of the Water Supply should comply with the international Best Practices and the principles of environmental management including the principles of sustainability, prevention, precaution, polluter pay principle and public participation.

v. That since the sum total of impacts from the proposed Project is positive, the proposed Project be authorized by NEMA and allowed to proceed, on condition that strict adherence to the Environment and Social Management Plan is observed. vi. That the Construction Supervision and Operation Management Teams on this Project should include a Licensed Environmental Lead Expert who shall maintain regular monitoring and evaluation of the project to ensure that it is

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complying with World Bank Policies, EMCA, 1999 and other Regulations in force.

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1.0 INTRODUCTION

1.1 Background of the Project

The parallel Northern Collector Tunnel Phase 1 Project includes river diversion weir and related intake hydraulic structures at Maragua, Gikigie and Irati River as well as construction of river outlet at Githika River which will convey the additional water to Thika dam. The tunnel is approximately 11.8km long and of 3m finished internal diameter with an average depth of 100m. The tunnel will be within Kigumo and Kangema Sub-Counties in Muranga County. The objective of this project is to increase water supply in Nairobi County by 121,000m3/day. The NCT Phase 1 project has undergone though a separate ESIA exercise, which is not covered as part of this ESIA.

The proposed Muranga Water Supply Project is one of the components under the Water and Sanitation Services Improvement Project (WaSSIP) funded by the Government of Kenya and the World Bank. The components to be constructed under this project include:

1. Muruka–Kenol-Makuyu Pipeline – 34Km 2. Mareira-Sabasaba-Muthithi – 16.5Km 3. Kaharati-Iganjo Pipeline – 6.5Km 4. Rwathia - Mukangu pipeline – 27Km 5. Kayahwe – Kambirwa Pipeline – 12Km 6. Kahuti II Water Treatment Plant – 4,000m3/day 7. Kiriciiungu Water Treatment Plant – 4,000m3/day

ESIA Project Report for Murang’a Water Supply May 2015

Under Part VI Section 58 of the EMCA, 1999 No. 8, any person, being a proponent of a project is required to apply for and obtain an Environmental Impact Assessment (EIA) license from NEMA before he/she can finance, commence, proceed with, carry out, execute, or conduct any undertaking specified in the 2nd Schedule of the Act. The Proponent therefore, undertook this study to comply with this requirement, and has produced this Environmental and Social Impact Assessment Project Report which includes an Environmental Management Plan as required by NEMA.

1.2 Project Location

The proposed Muranga Water Supply project is located within Muranga County in Kangema, Kiharu, Kandara, Kigumo and Muranga South Sub-Counties. The administrative units covered by the project are shown in Table 1-1 below.

Table 1-1: Administrative units covered by the project Sub-County Division Location Kangema Kanyenyaini Kanyenyaini Rwathia Muringaine Iyego Iyego Gacharaigu Kiharu Kahuro Kahuhia Weithega Kandara Muruka Muruka Nguthuru Gatitu Ruchu Githumu Gituru Muranga South Makuyu Makuyu Kamahuha Kigumo Kigumo Muthithi Githima Mariira

Figure 1-1 shows the location of Muranga County within Kenya while Figure 1-2 is a general map of Muranga County.

ESIA Project Report for Murang’a Water Supply May 2015

Figure 1-1: Location of Murang’a County within Kenya Source: http://en.wikipedia.org/wiki/Muranga_County

ESIA Project Report for Murang’a Water Supply May 2015

Figure 1-2: Map of Muranga County Source: Muranga County Website

1.3 Scope of the ESIA Study

The NEMA regulations requires that all new projects, programmes or activities requires that an environmental and social impact assessment to be carried out at the planning stages of the proposed undertaking to ensure that significant impacts on the environment are taken into consideration during the design, construction, operation and decommissioning of the Project. The scope of this ESIA study covered:

• Description of the proposed Project; • The baseline environmental conditions of the ESIA study area; • Provisions of the relevant environmental legislations; • Public consultation through public meetings, interviews and administration of questionnaires; • Prediction of any adverse impacts to the environment arising from the proposed Project; • Appropriate mitigation measures; and • Provision of an Environmental and Social Management Plan.

The output of this work led to this comprehensive Environmental and Social Impact

ESIA Project Report for Murang’a Water Supply May 2015

Assessment Project Report for purposes of obtaining an EIA licence.

1.4 Objectives of the ESIA Study

The objectives of the ESIA study are:

• To fulfil the legal requirements as outlined in Section 58 to 67 of the Environmental Management and Coordination Act (EMCA) and Part I and II of the EIA/Audit Regulations, 2003; • To obtain background biophysical information of the site and legal and regulatory issues associated with the proposed Muranga water supply project; • To assess and predict the potential impacts during site preparation, construction and operational phases of the proposed Project; • To make suggestions of possible alterations to the proposed design, based on the assessment findings; • To propose mitigation measures for the potential adverse environmental impacts and safety risks; • To allow for public participation; and • To prepare an ESIA Report including an Environmental and Social Management and Monitoring Plan.

1.5 Terms of Reference (ToR) for the ESIA process

The ToR for this Environmental and Social Impact Assessment is based on the Environmental (Impact Assessment and Audit) Regulations, 2003. According to the Regulations, the Project Report should, where possible, contain description of the following:

• Description of the nature of the proposed project; • The location of the project including the physical area that may be affected by the project’s activities; • The activities that shall be undertaken during the project construction, operation and decommissioning phases; • The design of the project; • The materials to be used, products and by-products, including waste to be generated by the project and the methods of their disposal; • The potential environmental impacts of the project and the mitigation measures to be taken during and after implementation of the project; • An action plan for the prevention and management of possible accidents during the project cycle;

ESIA Project Report for Murang’a Water Supply May 2015

• A plan to ensure the health and safety of the workers and neighbouring communities; • The economic and socio-cultural impacts to the local community and the nation in general; • The project budget; and • Any other information the Authority (NEMA) may require.

1.5 Methodology

The ESIA study was carried out based on desk review, field assessments and public consultations with the community who are likely to benefit from the project, the project affected persons and relevant County and National Government institutions.

1.5.1 Desk review

A desktop study was conducted to review available published and unpublished reports, development plans and maps in order to compile relevant baseline biophysical and socio-economic information about the study area. The biophysical information was compiled on environmental aspects such as Topography, Climate, Soils, Water Resources, land use and flora and wildlife resources. On the socio-economic environment, the study compiled information on aspects such as population, education, labour force, poverty analysis and health.

1.5.2 Field visits

Field visits were conducted in the study area in order to collect site-specific information on the biophysical and socio-economic environment and to crosscheck the secondary data.

While at the site, environmental data were recorded and potential impacts identified. In addition, environmental features relevant to the study were noted and photographs taken as record of key features.

1.5.3 Socioeconomic Survey

A socioeconomic survey was undertaken in all the locations that will be affected/benefit from the project. The main sampling unit of the survey was the household. The team consulted the area Chiefs, sub-chiefs and village elders to identify the villages and households in the primary project’s primary zone of influence and to introduce the enumerators to the households identified. The enumerators were sought

ESIA Project Report for Murang’a Water Supply May 2015 within the project area. The total number of households enumerated were 480.

The resultant data was coded uniformly for data entry purposes. The data was then entered and analyzed using the SPSS program. Quantitative data analyses were carried out using simple and relevant statistical methods such as average, percentage and frequency distribution.

1.5.3 Public consultation

Public consultations were undertaken through key informant interviews and public meetings (barazas). The consultations were meant to give an indication of whether the proposed Project is welcome and the immediate perceptions that the affected parties associate with it.

i. Public meetings

Consultations with the communities were conducted in the project area with the help of the local administration especially the chiefs and assistant chiefs. The discussions during these public meetings were centered on key emerging issues relating to the project as well as the communities. Given the large size of the project area, a total of thirteen (13) meetings were held at location levels within the project area.

ii. Key Informant Interviews

One-on-one interviews with county and national government agencies and institutions in the project area were undertaken i.e. from Kangema, Kiharu, Kandara, Kigumo and Muranga South Sub-Counties. These interviews were conducted to augment and confirm data and information obtained using the other tools and methodologies.

1.5.4 Impact assessment and analysis

The assessment and analyses methodologies for ESIA studies are based on multi- disciplinary approaches and structured to allow for holistic study and assessment of the following key components of the environment in relation to the proposed Project:

• Physical/chemical component; • Biological/ecological component; • Sociological/cultural component; and • Economic/operational component.

ESIA Project Report for Murang’a Water Supply May 2015

1.6 The ESIA Team

This Environmental and Social Impact Assessment Study was undertaken on a multi- disciplinary basis to ensure that all information was captured and collated. The team that participated in the study included:

1. Eunice Cherutich Environmentalist/Lead Expert; 2. Mwai Ndegwa Project Engineer; 3. Bernard Ndome Land Valuer; 4. Simon Mwaniki Community Development Expert; 5. Vincent Waweru Assistant Environmentalist; 6. Evans Kinyua Liaison Officer.

The project engaged skilled field assistants who are university students to assist in data the collection.

1.7 Reporting and documentation

A comprehensive ESIA Project Report containing the findings has been compiled by AWSB in accordance with NEMA guidelines for consideration and approval. In preparing the Project Report, the ESIA team paid attention to the following issues as specified in the second schedule of the Environmental (Impact Assessment and Audit) Regulations, 2003:

• Ecological considerations including: Biological diversity, sustainable use, and ecosystem maintenance; • Social consideration including: Economic impacts, social cohesion or disruption, effect on human health, communication, and effects on culture and objectives of culture value; • Landscaping including: views opened up or closed, visual impacts (features, removal of vegetation, etc.), compatibility with surrounding area, and amenity opened up or closed e.g. recreation possibilities; • Land use including: effects of proposal on current land uses and land use potentials in the Project area, possibility of multiple use, and effects of the proposal on surrounding land uses and land use potentials; and • Water including: water sources (quantity and quality) and drainage patterns/drainage systems.

ESIA Project Report for Murang’a Water Supply May 2015

1.8 Structure of the ESIA Project Report

This report is structured as follows:

Chapter 1: Introduction. This Chapter describes the background of the project, scope of the ESIA, objectives of ESIA, ToR, methodology of the ESIA, the ESIA team and reporting and documentation.

Chapter 2: Project description. Describes the proposed Muranga water supply project in terms of capacity, pipe route, treatment and project cost.

Chapter 3: Baseline Environment. Provides a description of the existing physical, biological, and socio-economic environment so as to achieve an understanding of the environmental setting of the study area.

Chapter 4: Policy, legal and administrative framework. This Chapter outlines Government policy on the environment, the relevant legislation relating to the proposed Project and the administrative framework that deal with various aspects of environmental management. Also included is the World Bank policies and other relevant international treaties and conventions.

Chapter 5: Analyses of Project alternatives. The Chapter describes the various options that were considered on the proposed project and the reasons for not using some of them. It also discusses the no project alternatives.

Chapter 6: Public consultation and participation. Describes the public consultations that took place with the communities within the project area of influence.

Chapter 7: Assessment of Impacts and mitigation measures. Identifies the potential impacts on the bio-physical and socio-economic environment during construction, operation and decommissioning phases and their mitigation measures.

Chapter 8: Environmental and social management plan. Describes the measures to be taken and the monitoring requirements and responsibilities for mitigating the potential negative impacts. It also indicates the estimated costs for mitigating the impacts.

ESIA Project Report for Murang’a Water Supply May 2015

Chapter 9: Conclusion and recommendations. Provides a brief summary of the report, its findings and recommendations.

References

Appendices

ESIA Project Report for Murang’a Water Supply May 2015

2.0 PROJECT DESCRIPTION

2.1 Introduction

The proposed Murang’a Water Supply Project involves the construction of the following components:

1. Kiriciiungu Water Treatment Plant; 2. Kahuti II Water Treatment Plant; 3. Muruka–Kenol-Makuyu Pipeline; 4. Mareira-Sabasaba-Muthithi; 5. Kaharati-Iganjo Pipeline; 6. Rwathia - Mukangu pipeline; and 7. Kayahwe – Kambirwa Pipeline.

2.2 Proposed Interventions

2.2.1 Kiriciungu Treatment Works

The proposed treatment plant will be located in a 2 acre piece of land in Kiruga area, Kandara Sub-County. The land is privately owned and will need to be acquired thus triggering the need for a Resettlement Action Plan (RAP). Vegetation on the proposed site includes tea, napier grass, bananas, eucalyptus and riverine vegetation. The treatment plant will be next to Kiriciungu River. It will be constructed to improve the water quality to Kandara town/Ruchu location. The population to benefit from this intervention is 40,000 persons. There is an existing weir which was supplying raw water to residents. This means therefore that intake works will be retained and there will be no additional abstraction.

The construction of Kiriciungu Treatment Works involves:

• 3-No treated Water transmission pipeline approximately DN 160-300mm; • Construction of 4000m³/day vertical water treatment plant each consisting of 6 no. sedimentation tanks, 4 no. Filter units, 150m³ clear water tank and 48m³ elevated backwash tank; • Pump house/air blower room and Generator’s room; • Chlorination building; • Administration Building; • Staff Houses; • Sludge Drying Beds; • Fencing of the treatment Work site and putting up a gate;

ESIA Project Report for Murang’a Water Supply May 2015

• Power mains supply and Electrical works; • Ancillary works at the treatment works consisting of access roads, site drainage and water supply; and • Associated tie-in works to the existing distribution system

2.2.2 Kahuti Treatment Works

The proposed Kahuti treatment plant will be located near the banks of South Mathioya River. There is an existing treatment works including intake works at the proposed site. This project will therefore utilise the existing intake works. Land will only be acquired for the clear water tank. The construction of Kahuti Treatment Works involves:

• 1-No treated Water transmission pipeline approximately 12km of DN 160-300mm; • Construction of 4000m³/day vertical water treatment plant each consisting of 6 no. sedimentation tanks, 4 no. Filter units parralel to the existing one; • Ancillary works at the treatment works consisting of access roads, site drainage and water supply; and • Associated tie-in works to the existing distribution system.

2.2.3 Muruka–Kenol-Makuyu Pipeline

This is an extension of the Kandara bulk water project and will serve Muruka Location, Kenol, Makuyu Location, Kabati Sub-location and Gitura Sub-location to serve a total of 124,000 people. The pipeline length is 34 km of 10 inch PVC pipes. The entire line is within the road reserve. Encroachment is minimal except in few places where there are fences, crops and temporary structures within centres.

2.2.4 Mareira-Sabasaba-Muthithi

This will involve extension of Kandara Bulk water pipeline from Mareira tank to Muthithi tank to enable Maragua Town, Kaharati and kahumbu locations receive water supply. A total of 46,000 people will benefit. The length of the pipeline is 16.5 km of 10’’ PVC pipes. The pipeline will be constructed along the road reserve from Mareira to Muthithi therefore, no need for a RAP.

2.2.5 Kaharati-Iganjo Pipeline

This proposed pipeline starts at Kaharati through Kamahuha and terminates at Iganjo centre. It is expected to serve people of Kamahuha location. This will benefit 5,000 People. The pipeline length is 6.5kms of 8 inches uPVC pipes. It will also pass through the existing road reserves. The way leave is clear except for a few sections with maize plantations.

ESIA Project Report for Murang’a Water Supply May 2015

2.2.6 Rwathia - Mukangu pipeline

The proposed project comprises a supply line from Rwathia to Mukangu in Kangema sub- county. It will also have a branch at Gitweku to augment supply in Weithaga, Gitie, Kahuti and the surrounding areas. The line will start from the proposed Kahuti treatments work. Part of the pipeline will be located along South Mathioya River and part of it along the road. The topography of the area is steep and hilly with the main cash crop being tea. This pipeline along South Mathioya River will affect private farms which will require compensation through a RAP study.

2.2.7 Kayahwe – Kambirwa Pipeline

The Projects consist of construction of a 11km gravity system from Kayahwe to Kambirwa market and three main distribution lines, Kambirwa – Muthigiriri (9.8km), Kambirwa – (8.4km) and Kambirwa – Mirira (8.2km). It starts from the existing Kayahwe Treatments works and will be located along Kayahwe River and through peoples land crossing Murang’a- Kaharati road to Kambirwa market. The terrain of the area is rugged with shrubs. This pipeline will involve compensation through RAP studies as it will affect people’s lands and assets.

The population expected to benefit from this project is about 15,000 persons. The target area includes Kambirwa Market, Itaru-ini area (by Sagana River), Mirira and Muthigiriri Market.

Figure 2-1 shows the location of these components.

ESIA Project Report for Murang’a Water Supply May 2015

Figure 2-1: Map showing the location of the proposed activities (which do not include Thika dam)

ESIA Project Report for Murang’a Water Supply May 2015

2.3 Construction Period

The works are estimated to be completed within a Construction period of 18 months with 12 months defect liability period during which the contractor is expected to maintain the system and carry out repair works which may occur to the satisfaction of the AWSB.

2.4 Project Cost

From the bill of quantities, the proposed Murang’a Water Supply is envisaged to cost Ksh 750,732,570.56. The breakdown is as shown in Table 2-1 below:

Table 2-1: Project Cost Murang’a Water Supply No. Description Amount (Ksh) 1 Preliminary and General 28,490,425.00 2 Dayworks 3 Kiriciungu 320,745,394.30 4 Kahuti 332,475,608.48 Bill of Quantities Total 681,711,427.78 Contingencies 10% of Bill of Quantity Total 68,171,142.78 Sub-Total 749,882,570.56 5 Costs of implementation of the ESMP 850,000.00 Total 750,732,570.56

ESIA Project Report for Murang’a Water Supply May 2015

3.0 BASELINE ENVIRONMENT

The project area covers five sub-counties within Murang’a County namely Kangema, Kiharu, Kandara, Kigumo and Murang’a South. The County has a total area of 2,558.8km2 with a present population of approximately 942,581 people (2009 census). It is bordered to the North by Nyeri, to the South by Kiambu, to the West by Nyandarua and to the East by Kirinyaga, Embu and Machakos counties. It lies between latitudes 0o 34’ South and 107’ South and Longitudes 36o East and 37o 27’ East.

3.1 Physical environment

3.1.1 Topography

The project area’s high altitude areas are at the foot of the Aberdare Ranges at about 2400m asl. The land falls rapidly to the East, punctuated by numerous hills and very deep valleys that are steep sided. The valleys may be as deep as 100m. Most of these valleys have streams and rivers flowing in them. However, they even out at an altitude of about 1500m, and the only prominent physical features visible are the hills. At an altitude of about 1100m, the land rolls out into dry plains. The land project area is well drained by several rivers with major ones being North and South Mathioya, Maragua, Irati, Sabasaba, Kabuku, Makindi, Thugi, Thamuru and Thika. All the rivers flow from the Aberdare ranges to the West, South Eastward to join Tana River. More than 95% of the land is generally mountainous landscape.

3.1.2 Climate

There are two rainfall seasons i.e. Long rains (March – May) and Short rains (October – November). The highest amount of rainfall is recorded in the month of April, and reliability of rainfall during this month is very high. The highest potential areas receive an average annual rainfall of between 1400mm and 1600mm. Low potential receive rainfall less than 900mm per annum. Rainfall in high and medium potential areas is reliable and well distributed throughout the year and is adequate for cultivation. However on low potential areas rainfall is unevenly distributed and therefore unsuitable for cash crop production.

Temperatures vary with altitude. In the Eastern lower areas the maximum annual temperatures range between 26°C and 30°C while the minimum annual temperature range between 14°C and 18°C. In the western area, which is mostly high altitudes, the minimum temperatures can be as low as 6°C. Temperatures are moderate in the medium potential areas. The project area has three climatic zones as follows:-

ESIA Project Report for Murang’a Water Supply May 2015

• Equatorial covering the Western region; • Sub-tropical type in the central region; and • Semi-arid in the Eastern side.

The western region, Kangema, Gatanga, and higher parts of Kigumo and Kandara, is generally wet and humid due to the influence of the Aberdares and Mt. Kenya. The eastern region, lower parts of Kigumo, Kandara, Kiharu and Maragwa constituencies receive less rain and crop production requires irrigation.

3.1.3 Soils

The predominant soils in the project area are the deep and well-drained red/brown soils. These soils are loose and combined with the hilly terrain are easily eroded and sometimes are responsible for landslides which are common in the area. Sometimes pockets of black soils are found around wetlands but these are more common in the lowlands where cotton is grown. Table 3-1 below shows the major soils found in the Project area.

Table 3-1: Major soil types in the project area Type of soils Characteristics MV1 Imperfectly drained, shallow to moderately deep, dark greyish brown, very friable, acid humic to peaty, loam to clay loam, with rock outcrops, and ice in the highest parts. Well drained, very deep, dark reddish brown to dark brown, very MV2 friable and smeary, clay loam to clay, with thick acid humic top soil, in places shallow to moderately deep and rocky Somewhat excessively drained, moderately deep, red, very friable, HU1 sandy clay loam to sand clay; in places rock. Complex of; Excessively drained to well drained, shallow, dark red to HUC brown, friable, sandy clay loam clay; in many places rocky, bouldery and stony in places with acidic humic topsoil. Well drained, very deep, dark reddish brown to dark brown, friable to LB2 firm, clay; in places with a humic topsoil. Well drained, extremely deep, dark reddish brown to dark brown, RB1 friable and slightly smeary clay, with an acid humic topsoil. Well drained, extremely deep, dusky red to dark reddish brown, friable RB2 clay, with an acidic topsoil. Well drained, extremely deep, dusky red to dark reddish brown, friable RB3 clay; with inclusions of well drained, moderately deep, dark red to dark reddish brown, friable clay over rock, pisoferric or petroferric material. Well drained, moderately to deep, dark red to yellowish red, friable, UU1 sandy clay loam to clay.

ESIA Project Report for Murang’a Water Supply May 2015

3.1.4 Geology

The geology of the County consists of volcanic rocks of the Pleistocene age and basement system rock of Achaean type. Volcanic rocks occupy the western part of the county bordering the Aberdares while rocks of the basement system are in the eastern part. Porous beds and disconformities within the volcanic rock system form important aquifers, collecting and moving ground water, thus regulating water supply from wells and boreholes.

3.1.4 Water resources

The proposed project study area is endowed with plenty of the resources. However, much of it is not harnessed to benefit the areas development. The key water sources in study area are:

• Surface water (rivers, swamps, wetlands etc); • Ground water; • Rainwater harvesting; • Springs; and • Shallow wells.

Water is used for multiple purposes among them being domestic, livestock, agriculture (irrigation minor) and industry (coffee processing). The impacts of water use and demand have affected the water quality through pollution and siltation due to poor farming methods. Swamps and wetlands have also been encroached on especially for growing food for domestic consumption during drought. This affects the volumes especially during drought.

3.2 Biological environment

3.2.1 Flora and fauna

Farmlands have significantly changed the vegetation types in the project area. Only small pockets of natural vegetation still exists in the project. Some of the tree species notable within the project area are as shown in Table 3-2.

ESIA Project Report for Murang’a Water Supply May 2015

Table 3-2: List of tree species found in the project area

No. Scientific name Local name 1. Podocarpus falcutus/latifolias Muthengera 2. Makaranga kilimadscharica Mukuhakuha 3. Markhamia lutea Muu 4. Prunus africanum Muiri 5. Tabernaemotanas stapfianas Mwerere 6. Croton macrostacheus Mutundu 7. Croton megalocarpus Mukinduri 8. Millettia dura Muhatia 9. Ocotea usambarensis Muthaiti 10. Teclea nobilis Munderendu 11. Ficus sycamores Mukuyu 12. Ficus natalensis Mugumo 13. Albizia gummifera Mukurwe 14. Bridelia micrantha Mukoigo 15. Syzygium guinense Muriru 16. Grevillea robusta Mukima 17. Eucalyptus spp Mubau/Blue gum

The above tree species are found both in the forest and farm lands. Tree nurseries have been established in the study area. These nurseries are categorized as Groups, Individual, Schools, Companies and Departmental nurseries. The main tree- planting season is April-May whereas tree planting is a continuous process as long as plant survival is assured.

Wildlife animals are found in the forests, rivers and farmland. Vervet monkies for example are very common in farm land. They cause a lot of havoc to people’s crops. Also animals like elephants used to cause havoc to the forest neighbouring community by breaking into people’s farm. This resulted in human wildlife conflict. There are few wild animals in the study area that are found in the rivers. These are Hippopotamus and Crocodile and are a threat to the community.

There are a lot of birds in the study area of various species ranging from domestic to the wild ones. Wildlife in the study area is a resource that has not yet been tapped. Table 3-3 below shows the types and status of wildlife found in the forests near the study area.

ESIA Project Report for Murang’a Water Supply May 2015

Table 3-3: Types and status of wildlife in forests within the project area Types of wildlife in the project area Status (Protected/Gazetted) Elephant Protected Buffalo Protected Bongos Protected Antelopes Not protected Black Rhinos Endangered & protected Lions Protected Leopards Protected Cheetahs Not Protected Hyenas Not Protected Wild dogs Most endangered Janet cats Not Protected Crocodiles Not Protected Hippos Not Protected Baboons Not Protected Columbus monkeys Not Protected Sykes monkeys Not Protected Vervet monkeys Not Protected Tortoise Not Protected Snakes Not Protected Birds Not Protected

3.3 Socio-economic baseline

3.3.1 Administrative units and population

Population distribution in the sub-counties covered by the project is shown in Table 3- 4 below. The project area is mainly inhabited by the Kikuyu community, with small traces of other communities found mainly in the towns and trading centers within the county.

Table 3-4: Population in the project area Sub-County Males Females Total Households Density Kangema 36,906 40,082 76,988 21,814 443 Kiharu 45,985 48,058 94,043 26,812 389 Kandara 75,836 80,827 156,663 41,234 664 Murang’a South 48,326 49,710 98,036 25,562 292 Kigumo 39,246 41,515 80,761 21,968 467 Total 246,299 (49%) 260,192 (51%) 506,491 137,390 2,255 Source: 2009 Kenya population and Housing Census

ESIA Project Report for Murang’a Water Supply May 2015

From the total number of persons interviewed during the socio-economic baseline survey, 51% were female and 49% were male. The study revealed that majority of the population fall within the age bracket of 21 to 30 years i.e. 22% (see Figure 3-1). This category is considered to be comprised of persons of high productivity and can be available to offer labour during the construction phase of this project.

Figure 3-1: Age of the respondents

3.3.2 Marital Status

From the surveyed population, 55.8% of the respondents were married while 41.6% were single.

Figure 3-2: Marital Status

ESIA Project Report for Murang’a Water Supply May 2015

3.3.3 Religion

In Murang’a Country, Christianity is the largest religion at 82.5% where 47.4% are Protestants, 23.3% are Catholics and about 11% Muslims. From the survey, approximately 79.94% of the project host communities are Christians, of which 67.33 are Protestants and 12.61 are Catholics as shown in Figure 3-3.

Figure 3-3: Religion

3.3.4 Education

Murang’a County has 1080 ECD centres with total enrolment of 31,944 pupils and 1,127 teachers. The teacher/pupil ratio is 1:28. The county has 634 primary schools, 6,324 teachers, total enrolment of 214,986 and a transition rate of 70%. The teacher/pupil ratio is 1:34. From the socio-economic survey, most primary schools are 1 to 1.4km away from the homesteads which is a reasonable distance for most of the pupils. Figure 3-4 shows how the respondents responded to the question on the distance to the nearest primary school.

ESIA Project Report for Murang’a Water Supply May 2015

Figure 3-4: Distance to the nearest primary school

The county has 292 secondary schools, 3,206 teachers and a total enrolment of 84,874 students. This represents a gross enrolment of 71.04%. The county has one university (Murang'a University College), one science and technology institute (Michuki Technical Traning Institute), forty eight youth polytechnics, three accredited colleges and four non accredited colleges. All these are middle level institutions where the youth who don’t get opportunities to join the universities go and get skills suitable for the labour market.

The county’s literacy level stands at 70.1%, where literacy level for male is 73.9% and female is 66.7%. This implies most of the county population can make informed decisions on matters affecting their socio-economic livelihoods.

From the survey, population, 49.9% had attained secondary level education while 44.6% had attained primary level of education translating to a high literacy levels in the County. See Figure 3-5.

ESIA Project Report for Murang’a Water Supply May 2015

Figure 3-5: Highest education level

3.3.5 Income and expenditure

About 74.4% of the surveyed population are in the informal employment while 25.6% are formally employed. The primary source of income for the respondents at 55.7% is farming; this is followed by a 23% in trading and salaried employment at 14.8% (Figure 3-6). The least source of income by the respondents is farm labour and construction work at 3.3%.

Figure 3-6: Primary income sources

ESIA Project Report for Murang’a Water Supply May 2015

Majority of the respondents (59.2%) earn an income of less than Ksh 10,000 followed by those earning between Ksh 10,000 and Ksh 19,000 (Figure 3-7). This shows that the income levels in the area are generally low.

Figure 3-7: Monthly income

Considering the low income levels, the household expenditure per month is also low with the majority of the households (spending between Ksh 5,000 and 9000 per month (Figure 3-8). However, with the low income and expenditure levels, majority of the responded (58.1%) said that they can easily access three meals per day. Another 37.5% claimed that it’s not easy and 2.5% said that it’s very easy.

Figure 3-8: Household monthly expenditure

ESIA Project Report for Murang’a Water Supply May 2015

According to the Welfare Monitoring Survey of 1997, people living below poverty line in Murang’a were about 39% of the total population. The hardest hit groups are the women, unemployed youth, widows and orphans, neglected retired old people, the street children and those living in marginal areas of the County.

3.3.6 Housing

Characteristics of housing for the community was assessed in terms of roofing, walls and floor to determine the quality of housing available for the use within the community. The results are as shown in Table 3-5.

Table 3-5: Housing conditions

Roofing Percentage Thatched 0.8% Corrugated Iron Sheets 95.8% Tiles 0.2% Other 0.2% Walls Mud 12.1% Stone 47.1% wooden 6.0% iron sheets 10.0% Bricks 11.5% Other 6.7% Floor Earth 32.9% Cement 62.7% Wooden 0.2% Other 4.2%

3.3.7 Sources of Energy for lighting and cooking

The main source of energy for cooking available as per Table 3-6 is firewood with a percentage of 81.1%which is locally available, 11.1% charcoal, 4% Liquid Petroleum Gas (LPG), 2.45 and electric cooker at 1.4% which is the least source of energy used by the respondents.

The main source of energy for lighting at a percentage of 56% used by most of the respondent is kerosene which is bought from local venders, this followed by electricity at a

ESIA Project Report for Murang’a Water Supply May 2015

34.4%. The least used source of energy for lighting by the respondents at a 2.9% is LPG Lamp.

From the analysis, its evident that the residents within Murang’a County use electricity, kerosene and firewood as the most popular sources of energy for lighting and cooking respectively, this implies that more money is spent as the energy alternative above are expensive, this leaves the residents with limited resources to use for water and other family needs.

Table 3-6: Sources of energy for cooking and lighting

Source of Energy for Cooking Percentage Firewood 81.1% Charcoal 11.1% electric cooker 1.4% Kerosene 2.4% Liquid Petroleum Gas (LPG) 4.0% Source of Energy for Lighting Battery Lamp 4.8% Kerosene Lamp 56.0% Solar 2.9% LPG Lamp 1.9% Electricity 34.4%

3.3.8 Access to water

The study established that a significant number (30.1%) of the community members source their water from rivers, followed by 29.5% who have piped water system to their homesteads. This is supplemented by rainwater catchment which accounted for 22.8% of community’s water source as indicated in Figure 3-9.

ESIA Project Report for Murang’a Water Supply May 2015

Figure 3-9: Sources of drinking water

A majority (62.2%) of the community members take less than 30 minutes to and from water points with another 31.8% taking between 30 minutes and 1 hour. Only 6% of those surveyed taking more than one hour.

Figure 3-10 below shows that 36.0% of the respondents use approximately 101 to 160 liters of water per day followed by 81 to 100 liters per day at 28.3%.

Figure 3-10: Volume of water used by household per day

When asked about the method of water treatment, 47.3% boil, 7.3% let it stand and settle while 5.5% use chlorine/bleach. A further 39.9% do nothing (see Table 3-7).

ESIA Project Report for Murang’a Water Supply May 2015

Table 3-7: Mode of water treatment

Water treatment method Percentage No Treatment 39.9% Boiling 47.3% Use of Bleach /Chlorine 5.5% Let it stand and settle 7.3%

3.3.9 Toilet facilities

About 96.5% of the persons in the project area use pit latrines. This is followed by the usage in flush toilets accounting for 3.5% of the surveyed population. The figure of persons having access to sanitation facilities is higher than the national average of 87.8 per cent.

3.3.10 Health

Murang'a County has about 271 health facilities which include 112 centers run by government, 125 that are privately owned and 31 run by faith based organizations. A few centers are managed by community based organizations.The most prevalent diseases are Malaria, Respiratory Tract Infections and Water Borne diseases. Table 3-8 provides a summary of some of the health indicators of Murang’a.

Table 3-8: Health Indicators – Murang’a District

Crude Birth Rate (CBR) 26/1,000 Crude Death Rate (CDR) 9/1,000 Life Expectancy 55years Infant Mortality Rate (IMR) 29/1000 Under 5 Mortality Rate 69/1000 Total Fertility Rate 5.1 HIV Prevalence Rate 17% Doctor/Patient Ratio 1:30,000 Source: Murang’a District Strategic Plan 2005 – 2010

Figure 3-11 shows the responses to illnesses suffered by the respondents and their families during the last four month period prior to the survey. Common cold was the most frequently made complaint accounting for about 54.0% of all cases. This was followed by Malaria at 24.9% then skin infections at 5.3%. Others included diarrhea, worms, tuberculosis and eye infections.

ESIA Project Report for Murang’a Water Supply May 2015

Figure 3-11: Main illnesses suffered from in the past 4 months

Most of the respondents seek health services from health centres (80.64%) followed by district hospitals (17.9%) and finally private dispensaries (1.5%). Majority of these facilities are located more than 2km away from the residents as depicted in Figure 3-12.

Figure 3-12: Distance from the homestead to health service provider

About 68% of the respondents take between 30 minutes to 1 hour to reach a health service provider while walking. The rest at 16% each take less than 30 minutes and more than 1 hour respectively as per Figure 3-13. The transport means is mostly the respondents own at 61.8%, through public or hired transport (38%) or through help from neighbours (0.2%).

ESIA Project Report for Murang’a Water Supply May 2015

Figure 3-13: Time to the health service provider

3.3.11 Land tenure and ownership

Land tenure in Kenya is classified into three categories, namely; – public land, community land and private land. Figure 3-14 below shows that the most common land tenure system in the project area is private holding at 92.3%, public land at 7.3% and 0.4% being community land.

Land ownwership

92.3%

7.3% 0.4%y

Figure 3-14:Public CategoryLand of land Private tenureLand Communit Land

ESIA Project Report for Murang’a Water Supply May 2015

Respondents were asked whether they were the owners of land where they reside. 97.9% of the respondents own land where they reside. Land tenants were notably few at 1.7% while squatters were 0.4%. Majority of the respondents at 78% had the intention of subdividing the land in future while 22% did not.

3.3.12 Land use

The Project area has a wide land use because of its wide Agro Ecological Zone range; from Tropical Alpine Zone (TA) on the highlands to LM4 (see Table 3-9 below) on the low lands. The forests occupy the highest grounds while cash crops like tea, coffee and macadamia follow the forests in that order. Horticultural crops and subsistence crops like maize and beans are found in the mid and lower zones of the project study area.

Table 3-9: Existing land use within the proposed project study area Agro-ecological Zone Current land use TA Tropical alpine UHO Forest Zone UH1 Carrots, Cabbage, Maize, Pears, Plums LH1 Tea, Dairy, I. potatoes, Cut flower UM1 Tea, Coffee, Dairy, Maize, Beans, Poultry, potatoes UM2 Coffee-main, Dairy, Maize, Macadamia, Bananas, Poultry, Avacado, Cut flower. UM3 Coffee (marginal), Bananas, Maize, Beans, Mangoes, French beans, Tomatoes. UM4 Maize, Beans, Sunflower, Mangoes, Asian Vegetables. LM3 Maize, Beans, Cotton, Mangoes. LM4 Cotton (marginal), Maize, Beans

Drylands in the proposed Project study area are basically semi-arid areas. These are in the Agro-ecological Zone IV. Most of the crops grown here are the drought resistant or varieties that are early maturing. Some horticulture farming is practiced along riverbeds while mangoes are becoming the preferred fruit tree. Uncontrolled sand harvesting and quarrying is rampant in these lands and are causing a negative impact in environmental conservation. Table 3-10 below shows the land use type in drylands.

Table 3-10: Land use systems in drylands Ecological Zone Land tenure Land use type LM4 Private ownership Maize, beans, pigeon peas, cassava, sweet potatoes, yams, mangoes, bush land and mining.

ESIA Project Report for Murang’a Water Supply May 2015

From the socio-economic survey, the most crops grown in the area is maize (31.4%) followed by bananas at 28.4%. Other crops are as shown in Figure 3.15. About 64.3% of the respondents believe that the food they produce is enough, 34.5% think that it’s not enough while 1.4% think that it’s more than enough. The source of market for their produce is mostly the nearest market centers, use of middlemen or cooperative societies.

Figure 3.15: Types of agricultural crops produced in the last season

3.3.13 Livestock inventory

The respondents were asked what type of livestock they keep. About 32.9% said that they keep cows, 26.5% said that they keep poultry and 23.1% said that they keep goats. Other livestock that were mentioned as shown in Figure 3-16 include calves, bulls, sheep, pigs, rabbits, bees and oxen.

ESIA Project Report for Murang’a Water Supply May 2015

Figure 3-16: Type of livestock kept

The reasons for keeping these animals especially cattle and goats/sheep were for milk, manure and meat production and (see Table 3-11).

Table 3-11: Reason for keeping the livestock

Cattle Percentage Sheep/Goat Percentage Meat production 18.2% Meat production 27.6% Milk Production 36.8% Milk Production 24.0% Manure production 38.1% Manure production 36.8% Savings 6.8% Savings 11.6% Draught power 0.1% Total 100 100

ESIA Project Report for Murang’a Water Supply May 2015

4.0 LEGAL, POLICY AND ADMINISTRATIVE FRAMEWORK

4.1 Policy framework

4.1.1 Environmental policy framework

The Kenya Government’s environmental policy is geared towards sound environmental management for sustainable development. This is envisaged in the principle of prudent use, which requires that the present day usage should not “compromise the needs of the future generations”. In the case of the proposed project, this is more so because it is the basis of human development. The policy emphasis is on environmental protection in order to ensure sufficient supplies for the present and future generations. The policy envisages the use of the “polluter pays principle”, where one is expected to make good any damage made to the environment.

The environmental policy aims at integrating environmental aspects into national development plans. The broad objectives of the national environmental policy include:

• 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; and • Meeting national goals and international obligations by conserving biodiversity, arresting desertification, mitigating effects of disasters, protecting the ozone layer and maintaining an ecological balance on earth.

Environmental Impact Assessment (EIA) critically examines the effects of a Project on the environment and identifies both negative and positive impacts of any development activity or Project, how it affects people, their property and the environment. EIA also identifies measures to mitigate the negative impacts, while maximizing on the positive ones. It seeks to minimize adverse impacts on the environment and reduces risks. If a proper EIA is carried out, then the safety of the environment can be properly managed at all stages of a Project-planning, design, construction, operation, monitoring and evaluation as well as decommissioning. The assessment is required at all stages of Project development with a view to ensuring environmentally sustainable development for both existing and proposed public and private sector development ventures. Environmental Audits are to be undertaken

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regularly on projects including this one, to ensure that they operate on the set environmental principles.

The Environmental (Impact Assessment/Audit) Regulations, 2003 were issued in accordance with the provisions of Environmental Management and Coordination Act (EMCA) of 1999. The Regulations must be administered, taking into cognisance provisions of EMCA, 1999 and other relevant national laws.

Relevance The project shall implement the ESMP to mitigate the impacts resulting during the construction and operational phases of the project, this will ensure that the natural environments are not destabilised by the subsequent project activities.

4.1.2 National Water Policy

The National Water Policy which was promulgated in April 1999 as Sessional Paper No. 1 of 1999 calls for decentralization of operational activities from the central government to other sectors, including local authorities, the private sector and increased involvement of communities in order to improve efficiency in service delivery. It also tackles issues pertaining to water supply and sanitation facilities development, institutional framework and financing of the sector. According to the policy, in order to enable sustainable water supply and sanitation services, there is need to apply alternative management options that are participatory through enhanced involvement of others in the provision of these services but particularly the private sector.

The overall objective of the National Water Policy is to lay the foundation for the rational and efficient framework for meeting the water needs for national economic development, poverty alleviation, environmental protection and social well-being of the people through sustainable water resource management.

Relevance The proposed project is in line with this sectoral policy as it will involve serve to increase access to water in most parts of Murang’a County.

4.1.3 Land policy

First principles, as stated in a discussion of the literature in the policy, reflect a reaction to the emphasis over the last 50 years on individual ownership of land. It adopts the

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position that individual tenure and customary tenure should co-exist and benefit from equal guarantees of tenure security.

It reflects, especially in its discussion of the need for constitutional change, a conviction of the need for land reform, stressing that the current distribution of land is inequitable and arguing that the constitution should not protect private property rights that have been acquired in “an illegitimate manner.”

In chapter 2, land policy is linked to constitutional reforms; regulation of property rights is vested in the government by the Constitution with powers to regulate how private land is used in order to protect the public interest. The Government exercises these powers through compulsory acquisition and development control. Compulsory acquisition is the power of the State to take over land owned privately for a public purpose. However, the Government must make prompt payment of compensation.

Chapter 4 of the land policy under Environmental Management Principles, The National Land Policy provides for the policy actions for addressing the environmental problems such as the degradation of natural resources, soil erosion, and pollution.

For the management of the urban environment it provides guidelines to prohibit the discharge of untreated waste into water sources by industries and local authorities; it also recommends for appropriate waste management systems and procedures, including waste and waste water treatment, reuse and recycling.

The policy goes further to advocate for environmental assessment and audit as a land management tool to ensure environmental impact assessments and audits are carried out on all land developments that may degrade the environment and take appropriate actions to correct the situation. Public participation has been indicated as key in the monitoring and protection of the environment.

Chapter 4 further advocates for the implementation of the polluter pays principle which ensures that polluters meet the cost of cleaning up the pollution they cause, and encourage industries to use cleaner production technologies.

Chapter 6 under land issues requiring special intervention asserts that “Land rights of minority communities shall be protected through a law to be passed specifically to secure their rights as individuals and groups and recognition of their resource management systems to ensure sustainability.” It further states that, “Land rights of vulnerable groups (namely subsistence farmers, pastoralists, hunters and gatherers, agricultural labourers, unskilled workers, unemployed youth, persons with disabilities, persons living with HIV and AIDS, orphans, slum and street dwellers and the aged)

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shall be addressed by creating a system for identifying, monitoring and assessment, resettling them, facilitating their participation in decision making over land and land based resources, and protecting their land rights”.

Relevance The project proponent shall implement the ESMP to ensure that the environment within Murang’a County and adjascent areas is not polluted by the subsequent activities during construction and operational phases. Health and safety measures will have to be maintained with the proximity to affected rivers.

4.1.4 Kenya Vision 2030

The Kenya Vision 2030 aspires for the country firmly interconnected through a network of roads, railways, ports, airports, water and sanitation facilities and telecommunications.

According to Vision 2030, Kenya is a water scarce country. The economic and social developments anticipated by Vision 2030 will require more high quality water supplies than at present.

The country, therefore, aims to conserve water sources and start new ways of harvesting and using rain and underground water. The 2030 Vision aims at ensuring that water and sanitation is improved and available and accessible to all.

Relevance The proposed project is in line with the vision 2030 as it will lead to improved water availability in Murang’a County.

4.1.5 National Environment Action Plan Framework, 2009 - 2013

The National Environmental Action Plan Framework is the second national environmental policy after the 1994 National Environmental Action Plan (NEAP). The development of NEAP is provided for by EMCA, 1999 which requires preparation of Environmental Action Plan at different levels; district, provincial, and national levels. The framework recognizes the intertwined linkages between economic growth and environment in Kenya. It highlights priority themes and activities for the country towards achieving sustainable environment.

The policy framework among others, proposes integration of environmental concerns into regional and local development plans, promotion of appropriate land uses and

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enforcement of EMCA, 1999 and its subsidiary and other relevant legislations. The policy framework also advocates for efficient water harvesting, storage and usage. On human settlements and infrastructure, this policy framework recognizes the associated environmental issues. These include waste management, sanitation, diseases, land use changes in conservation areas, demand for water, energy, construction materials, pollution, land degradation, biodiversity loss etc.

Multiple stakeholders’ involvement inclusive of the private sector is advocated for within the implementation of this framework towards achievement of sustainable development goals. Finally, the framework also advocates for monitoring and evaluation to ensure effective and efficient environmental policy implementation.

Relevance The project is in line with this policy as stakeholder consultations were undertaken during this ESIA phase and that the environmental issues that may be associated with the implementation of this project has been flagged out.

4.1.6 Policy on Environment and Development

This is presented as the Sessional paper No. 6 of 1999 on Environment and Development. The overall goal is to integrate environmental concerns into the national planning and management process and provide guidelines for environmentally sustainable development. Under section 4.3 of the document, provision of potable water and water for sanitation is viewed as being central to satisfying basic human needs. It is indicated that the current water development programmes focus almost entirely on water delivery with little concern for demand management and conservation. Water resources have an extremely high value and effective mechanisms for managing and conserving water could result unto economic benefits as well as sustainable use of this vital resource.

Some of the key objectives of the policy are:

• To protect water catchments; • To ensure all development policies, programmes and projects take environmental considerations into accounts, and • To enhance, review regularly, harmonise, implement and enforce laws for the management, sustainable utilization and conservation of natural resources.

Under this policy, broad categories of development issues have been covered that require sustainable approach. The policy recommends the need for enhanced re-

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use/recycling of residues including water and wastewater as well as increased public awareness raising and appreciation of clean environment. It also enhances participation of stakeholders in the management of natural resources within their respective localities.

Relevance With the provision of portable water which this project seeks to achieve, the objectives of this policy will have been achieved.

4.1.7 The National Poverty Eradication Plan (NPEP), 1999

The NPEP has the objective of reducing the incidence of poverty in both rural and urban areas by 50% by the year 2015; as well as strengthening the capabilities of the poor and vulnerable groups to earn income.

Relevance By providing affordable water to the residents of Murang’a County, the poverty and vulnerability index will be reduced somewhat.

4.2 Legal framework

4.2.1 The constitution of Kenya

In the Constitution of Kenya, 2010 Part II (Environment and Natural Resources), (I) the State clearly undertakes to carry out the following: • Ensure sustainable exploitation, utilization, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits; • Work to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya; • Protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities; • Encourage public participation in the management, protection and conservation of the environment; • Protect genetic resources and biological diversity; • Establish systems of environmental impact assessment, environmental audit and monitoring of the environment; • Eliminate processes and activities that are likely to endanger the environment; and • Utilize the environment and natural resources for the benefit of the people of Kenya.

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(II) “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”. Chapter 5 on Land and Environment emphasizes on the following:

• Land use and management shall by law benefit local communities • Community land is protected from encroachment by State. • Rivers, forests and water bodies shall be protected by law. • Equitable access to land. • All lawful land rights are secured; only someone who has stolen land needs to worry. • County governments will manage land in trust of the people in accordance with the Proposed Constitution.

Relevance Environmental and Social Impact Assessment and Monitoring is completely enshrined in to the constitution.

4.2.2 Environmental Management and Coordination Act (EMCA), 1999

Environmental Management and Co-ordination Act No. 8 of 1999, provides a legal and institutional framework for the management of the environmental related matters. It is the framework law on environment, which was enacted on the 14th of January 1999 and commenced in January 2002. Topmost in the administration of EMCA is National Environment Council (NEC), which formulates policies, set goals, and promotes environmental protection programmes. The implementing organ is National Environment Management Authority (NEMA). EMCA comprises of the parts covering all aspects of the environment.

In relation to water resources, Section 42 of the Act deals specifically with the protection of rivers, lakes and wetlands. The Act forbids interference with water bodies without the express permission from the Director General of NEMA. The permission can be granted subject to the findings of an Environmental Impact Assessment.

The Act also empowers the Minister of Environment to declare a lakeshore, wetland, coastal zone or riverbank as protected area and impose such restrictions, as he considers necessary to protect the lakeshore, wetland, coastal zone and riverbank from environmental degradation.

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The Second Schedule to the Act specifies the projects for which an EIA and EA must be carried out. In this Schedule, the proposed Project falls under Item 3 Transportation (f) water transport. According to Section 68 of the Act, all projects listed in the Second Schedule of the Act must undertake an environmental audit, keep accurate records and make annual reports to NEMA or as NEMA may, in writing, require. The Environmental (Impact Assessment and Audit) Regulations, 2003, provide the basis for procedures for carrying out EIAs and EAs.

The main objectives of the Act are to:

• Provide guidelines for the establishment of an appropriate legal and institutional framework for the management of the environment in Kenya; • Provide a framework legislation for statutes that contain environmental provisions; and • Provide guidelines for environmental impact assessment, environmental audit and monitoring, environmental quality standards and environmental protection orders.

Relevance According to EMCA, 1999 in its Second Schedule 3 (f) water transport should undergo Environmental Impact Assessment (EIA). This report has been compiled to comply with EMCA and the Environmental (Impact Assessment and Audit) Regulations, 2003. EMCA has provided for the development of several subsidiary legislations and guidelines that govern environmental management which are relevant to the proposed project. They are as analyzed below:

a. The Environmental (Impact Assessment and Audit) Regulations, 2003

The Environmental (Impact Assessment and Audit) Regulations, 2003 state in Regulation 3 that “the Regulations shall apply to all policies, plans, programmes, projects and activities specified in Part IV, Part V and the Second Schedule of the Act”.

Relevance Regulation 4(1) further states that: ‘‘…no Proponent shall implement a project: a) likely to have a negative environmental impact; or b) 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…’’

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b. Environmental Management and Coordination (Water Quality) Regulations, 2006

Regulation 8 of these regulations provides for compliance with water quality standards. It states that “all operators and suppliers of treated water, containerized water and all water vendors shall comply with the relevant quality standards in force as may be prescribed by the relevant lead agencies”.

Regulation 9 of these regulations provides for water quality monitoring. It states that the “Authority in consultation with the relevant lead agency, shall maintain water quality monitoring for sources of domestic water at least twice every calendar year and such monitoring records shall be in the prescribed form as set out in the second schedule to these regulations”.

Table 4-1 shows the quality standards for sources of domestic water.

Table 4-1: Quality standards for sources of domestic water

Parameter Guide Value (Maximum allowable) pH 6.5 – 8.5 Suspended solids 30 (mg/l) Nitrate – NO3 10 (mg/l) Ammonia – NH3 0.5 (mg/l) Nitrite – NO2 3 (mg/l) Total dissolved solids 1200 (mg/l) Ecoli Nil/100ml Fluoride 1.5 (mg/l) Phenols Nil (mg/l) Arsenic 0.01 (mg/l) Cadmium 0.01 (mg/l) Lead 0.05 (mg/l) Selenium 0.01 (mg/l) Copper 0.05 (mg/l) Zinc 1.5 (mg/l) Alkyl benzyl sulphonates 0.5 (mg/l) Permanganate Value (PV) 1.0 (mg/l)

Relevance During the construction and maintenance phases, the proposed water project especially at the treatment plants will discharge some water back to the river. This discharge must comply with the standards specified in this regulation.

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c. Environmental Management and Coordination (Waste Management) Regulations, 2006

Regulation 4 (1) states that “no person shall dispose of any waste on a public highway, street, road, recreational area or in any place except in a designated receptacle”. Regulation 4 (2) further states that “a waste generator shall collect, segregate and dispose such waste in the manner provided for under these regulations”.

Regulation 5 (1) provides for cleaner production methods. It states that “a waste generator shall minimise the waste generated by adopting the following cleaner production methods:

a. Improvement of production process through:

i. Conserving raw materials and energy; ii. Eliminating the use of toxic raw materials; and iii. Reducing toxic emissions and waste.

b. Monitoring the product cycle from beginning to end by:

i. Identifying and eliminating potential negative impacts of the product; ii. Enabling the recovery and re-use of the product where possible; and

c. Incorporating environmental concerns in the design and disposal of a product”.

Regulation 8 of the regulations provides for responsibility of waste transporters. It states that “any person granted a license to transport waste shall ensure that: 1) The collection and transportation of such waste is conducted in such a manner that will not cause scattering of the waste; 2) The vehicles and equipment for the transportation of waste are in such a state that shall cause scattering of, flowing out of waste or emission of noxious smells from such waste; 3) The vehicles for transportation and other means of conveyance of waste follow the scheduled routes approved by the Authority from the point of collection to the disposal site or plant and 4) He or his agent (s) possess at all times during transportation of the waste, a duly filled tracking document as set out in Form III in the first schedule to these regulations and shall produce the same tracking document on demand to any law enforcement officer”.

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Relevance The proponent should ensure that waste is handled, stored, transported and disposed as per this regulation.

d. The Environmental Management and Coordination (Conservation of Biological Diversity and Resources, Access to Genetic Resources and Benefit Sharing) Regulations, 2006

This legislation aims at enhancing preservation of biodiversity and safeguarding of endangered and rare plant and animal species within any human activity area.

Section 4 of the legislation expressly prohibits any activity which may have adverse effects on any ecosystem, lead to introduction of alien species in a given area or result in unsustainable utilization of available ecosystem resources.

Relevance Introduction of water infrastructure in the proposed area will result in removal of the existing natural vegetation. For this to occur, the relevant authority, NEMA in this case, will require a detailed EIA on the proposed project and projected impacts before issuing a license for commencement.

e. Environmental Management and Coordination (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009

Regulation 4 of Environmental Management and Coordination (Noise and Excessive Vibration Pollution (Control) Regulations, 2009 provides for excessive vibrations. Regulation 4(1) states that “Except as otherwise provided in these regulations, no person shall –

a) make or cause to be made excessive vibrations which annoy, disturb, injure or endanger the comfort, repose, health or safety of others and the environment; or b) cause to be made excessive vibrations which exceed 0.5 centimetres per second beyond any source property boundary or 30 metres from any moving source”.

Regulation 5 of these regulations provides for permissible noise levels. The regulation states that “No person shall cause noise from any source which exceeds any sound level as set out in the applicable column in the First Schedule to these Regulations, unless such noise is reasonably necessary to the preservation of life, health, safety or property”.

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Table 4-2 below shows the permissible noise levels as set in the First Schedule to these Regulations.

Table 4-2: Maximum permissible noise levels

Zone Sound Level Limits dB(A) Noise Rating Levels (NR) (Leq, 14h) (Leq, 14h) Day Night Day Night A Silent Zone 40 35 30 25 B Places of worship 40 35 30 25 C Residential: Indoor 45 35 35 25 Outdoor 50 35 40 25 D Mixed residential 55 35 50 25 (with some commercial and places of entertainment) E Commercial 60 35 55 25 Time Frame Day: 6.01 a.m. – 8.00 p.m. (Leq, 14h) Night: 8.01 p.m. – 6.00 a.m. (Leq, 10h)

Regulation 13 of these Regulations provides for construction at night. Regulation 13 (1) states that “Except for the purposes specified in sub-Regulation (2) hereunder, no person shall operate construction equipment (including but not limited to any pile driver, steam shovel, pneumatic hammer, derrick or steam or electric hoist) or perform any outside construction or repair works so as to emit noise in excess of the permissible levels as set out in the Second Schedule of these regulations”.

Regulation 13 (2) states that “This Regulation shall not be deemed to prohibit-

a) any work of an emergency nature; b) work of a domestic nature on buildings, structures or projects being undertaken by a person residing in such premises; or c) public utility construction, or, with respect to construction of public works, projects exclusively relating to roads, bridges, airports, public schools and sidewalks:

Provided that, if any domestic power tool, including but not limited to mechanically powered saws, sanders, grinders and lawn and garden tools used outdoors, is operated during the night time hours, no person shall operate such machinery so as to cause noise within a residential building or across a residential real

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property boundary where such noise interferes with the comfort, repose, health or safety of members of the public within any building or outside of a building, at 30 metres or more from the source of the sound”.

Regulation 14 of these Regulations provides for noise, excessive vibrations from construction, demolition, mining or quarrying sites. Regulation 14 (1) states that “Where defined work of construction, demolition, mining or quarrying is to be carried out in an area, the Authority may impose requirements on how the work is to be carried out including but not limited to requirements regarding-

a) machinery that may be used, and b) the permitted levels of noise as stipulated in the Second and Third Schedules to these Regulations”.

Regulation 14(3) further states that “Any person carrying out construction, demolition, mining or quarrying works shall ensure that the vibration levels do not exceed 0.5 centimetres per second beyond any source property boundary or 30 metres from the moving source”.

Regulation 15 of these regulations states that “Any person intending to carry out construction, demolition, mining or quarrying work shall, during the Environmental Impact Assessment studies-

a) identify natural resources, land uses or activities which may be affected by noise or excessive vibrations from the construction, demolition, mining or quarrying; b) determine the measures which are needed in the plans and specifications to minimize or eliminate adverse construction, demolition, mining or quarrying noise or vibration impacts; and c) incorporate the needed abatement measures in the plans and specification”.

Table 4-3 below shows the contents of the second schedule of these regulations.

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Table 4-3: Maximum permissible noise levels for construction sites (measurement taken within the facility) Facility Maximum Noise Level Permitted (Leq) in dB (A) Day Night (i) Health facilities, educational 60 35 institutions, homes for disabled etc. (ii) Residential 60 35 (iii) Areas other than those 75 65 prescribed in (i) and (ii) Time Frame Day: 6.01 a.m. – 6.00 p.m. (Leq, 14h) Night: 6.01 p.m. – 6.00 a.m. (Leq, 14 h)

Relevance The contractor will be required to ensure compliance with the above regulations in order to promote a healthy and safe working environment throughout the construction phase. This shall include regular inspection and maintenance of equipment and prohibition of unnecessary hooting of vehicles. f. The Environmental Management and Coordination (Wetlands, River Banks, Lake Shores and Sea Shore Management) Regulations, 2009

This is a supplementary legislation to EMCA with particular emphasis on management of wetland and wetland resources, river banks, lake shores and Sea shores. Sections 4 and 5 of Part II as well as sections 16, 17, 18 of part III of the legislation provide guidelines for conservation and sustainable use and conservation of the said environmental components, and enhance them where necessary when carrying out any activity therein.

Relevance The treatment plant components of the water supply project will, in operation; continuously abstract water from the rivers. It is thus paramount that this legislation be integrated during planning, construction and operation of the project.

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g. Environmental Management and Coordination (Fossil Fuel Emission Control) Regulations, 2006

These regulations came into operation on 1st February 2007. Regulation 4 (1) states that “any internal combustion engine is subject to inspection under these regulations and shall, as a condition of compliance with the inspection, pass such tests as may be required to demonstrate that the internal combustion engine complies with any standards and requirements for the control of air pollution or contamination as may be prescribed”. Regulation 4 (2) further states “that the emission standards to be complied with by any internal combustion engine shall be those set out in the First Schedule to these regulations”.

Regulation 5 of these regulations provide for Environmental Inspectors. It states that “the Authority may appoint such number of environmental inspectors as it may deem appropriate for purposes of carrying out emissions inspection under these regulations and may, without prejudice to the foregoing, appoint any employee of a lead agency conducting inspection of internal combustion engines on behalf of the Government”.

Regulation 7 (1) states that “the Authority may approve any substance to be used as a fuel catalyst if, in the opinion of the Authority, the substance improves fuel economy, enhances combustion and reduces harmful emissions that adversely affect human, animal and plant health and degrade the environment”.

Relevance These regulations will be applicable to equipment and machinery used by the contractor during the construction phase.

4.2.3 Water Act, 2002

According to Section 5 of this Act, the right to use of water from any water resource is hereby vested in the Minister, except to the extent that it is alienated by or under this Act or any other written law. Section 4 (1) of the same Act states that “the Minister shall have and may exercise control over every water resource in accordance with this Act”.

Sub-section 2 states “that it shall be the duty of the Minister to promote the investigation, conservation and proper use of water resources throughout Kenya and to ensure the effective exercise and performance by any authorities or persons under the control of the Minister of their powers and duties in relation to water”. Subsection

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3 further states that “the Minister shall be assisted in discharge of his duties under this Section by Director of Water”.

Section 25 (1) of this Act states that “a permit shall be required for any of the following purposes:

• Any use of water from a water resource, except as provided by Section 26; • The drainage of any swamp or other land; • The discharge of a pollutant into any water resource; and • Any purpose, to be carried out in or in relation to a water resource, which is prescribed by rules made under this Act to be a purpose for which a permit is required”.

Part II, Section 18, of this Act provides for national monitoring and information system on water resources. Following on this, Sub-section 3 of the same Section, allows the Water Resources Management Authority (WRMA) to demand from any person or institution, specified information, documents, samples or materials on water resources. Under these rules, specific records may be required to be kept by a facility operator and the information thereof furnished to the authority.

Section 23 (1) of the Act states that “the Authority shall not approve any community project unless:

• The proposed project is approved by the persons owning or occupying at least two- thirds of the particular area concerned in the project; and • Provision is made by the project for adequate alternative supply of water to be supplied to permit holders likely to be adversely affected and unable to benefit from the scheme”.

Sub-section 2 further states that no permit for the community project shall be cancelled or verified except with the consent of the Minister.

The Water Act, 2002 provides for establishment of 3 levels of institutions for the provision of services. These are:

• Water Services Regulatory Board (WSRB); • Water Services Boards (WSB); and • Water Service Providers (WSP).

The Act sets out these institutions based on the principles of:

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• Separation of water resources management from water services provision; • Separation of policy, regulation and implementation functions within the water supply and sanitation sector in order to streamline the role of the various actors in the sector; • Devolution of responsibilities for water services provision to WSPs, who • shall include the private sector, communities and companies formed by Local Authorities; • Human resource redeployment and development leading to more effective and efficient institutions; • The need to give full autonomy to water service providers to enable them perform without adverse interference or influence; and • Improved delivery of services to customers.

Relevance AWSB should ensure that a water abstraction permit for the project is obtained from WRMA. The proponent will be required to ensure that project activities throughout all phases do not cause pollution of the water resources. a. The Water Resources Management Rules, 2007

As a subsidiary to the Act, a legislative supplement, The Water Resources Management Rules, 2007 was gazetted to guide all policies, plans, programmes and activities that are subject to the Water Act, 2002. The Water Resources Management Rules empower WRMA to impose management controls on land use falling under riparian land. It also enables any person with a complaint related to any matter covered by these rules to the appropriate office in WRMA as per the Tenth Schedule which provides a format for report on complaints.

Part A of the Sixth Schedule: Conservation of Riparian and Catchment Areas of the Rules (rule 116) define the riparian land on each side of a watercourse as a minimum of six metres or equal to the full width of the watercourse up to a maximum of thirty metres on either side of the bank. It further provides activities proscribed on riparian land as:

• Tillage or cultivation; • Clearing of indigenous trees or vegetation; • Building of permanent structures; • Disposal of any form of waste within the riparian land; • Excavation of soil or development of quarries;

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• Planting of exotic species that may have adverse effect to the water resource; or • Any other activity that in the opinion of the Authority and other relevant stakeholders may degrade the watercourse.

Relevance The project will ensure that the river riparian areas are respected and are not interfered with.

4.2.4 Land Related Acts

i. The Land Act, 2012

This is an Act of Parliament intended 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. Parts 1 and 2 of section 4 of the Act outline the main guiding principles in land management and administration, binding to all land actors including state officers. These principles are to be applied when Enacting, applying or interpreting any provisions of this Act; and when making or implementing public policy decisions. The act vests management of land on National Land Commission (NLC). In discharging their functions and exercising of their powers under this Act, the Commission and any State officer or public officer shall be guided by the following values and principles;

a) Equitable access to land; b) Security of land rights; c) Sustainable and productive management of land resources; d) Transparent and cost effective administration of land; e) Conservation and protection of ecologically sensitive areas; f) Elimination of gender discrimination in law, customs and practices related to land and property in land; g) Encouragement of communities to settle land disputes through recognized local community initiatives; h) Participation, accountability and democratic decision making within communities, the public and the Government; i) Technical and financial sustainability; j) Affording equal opportunities to members of all ethnic groups; k) Non-discrimination and protection of the marginalized; and l) Democracy, inclusiveness and participation of the people; and m) Alternative dispute resolution mechanisms in land dispute handling and management.

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Acquisition of Private Land for Public Use Section 110(1) of the Act provides that land may be acquired compulsorily under this if the Commission certifies, in writing, that the land is required for public purposes or in the public interest as related to and necessary for fulfillment of the stated public purpose. In such an acquisition, this Act, in section 111(1) provides that just compensation shall be paid promptly in full to all persons whose interests in the land have been determined. The procedure for land acquisition is laid out in Part VIII of the Act. Elements for consideration under this procedure include the following:

• The Act requires that the owners, residents and their spouses should also be notified; as opposed to just the owners; • The inspector would also have to get the consent of the occupier and give them not less than seven days’ notice to enter the premises; • The Commission shall have the power of a court to summon and examine witnesses and compel the production and delivery to the Commission of documents of title to the land; • Separate award of compensation to every person. An award is final and conclusive evidence of the size of the land, the value in the opinion of the Commission and the amount of compensation payable, whether or not the person attends the inquiry; • Regulations and rules pertaining to this process are yet to be gazetted; • Section 107(4) allows for circumstances where the acquiring authority may proceed with land acquisition at stage 1; • The Commission shall make rules to regulate assessment of just compensation; • The Act does not explicitly state when the inspection will be done. Whether it is before approval of the request for compulsory acquisition or before serving the notice for acquisition. • The Commission may post pone an inquiry or adjourn the hearing of an inquiry from time to time for sufficient cause.

Provisions on Acquisition of wayleave The Land Act, 2012 provides for mechanisms of wayleave acquisition either as public right of way or communal right of way. Section 143 of the act empowers NLC to create public rights of way. A public right of way may be: (a) a right of way created for the benefit of the national or county government, a local authority, a public authority or any corporate body to enable all such institutions, organizations, authorities and bodies to carry out their functions, referred to in the Act as a wayleave; or (b) a right of way created for the benefit of the public, referred to in section 145 of this Act as a communal right of way.

A public right of way shall attach to and run with the servient land in respect of which it has been created and shall be binding on all owners from time to time of the servient land, any manner they are occupying the land, whether under a land or a derivative right thereof, or under customary law or as a successor in title to any such owner or as a trespasser.

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Section 144 (1) states that an application, for the creation of a wayleave, shall be made by any State department, or the county government, or public authority or corporate body, to the NLC.

In applying for wayleave, section 144(4) requires the applicant to serve a notice on: a) All persons occupying land over which the proposed wayleave is to be created, including persons occupying land in accordance with customary pastoral rights; b) The county government in whose area of jurisdiction land over which the proposed wayleave is to be created is located; c) All persons in actual occupation of land in an urban and per-urban area over which the proposed wayleave is to be created; and d) Any other interested person.

Subsection (5) requires NLC to publish the application along the route of the proposed wayleave calculated to bring the application clearly and in a comprehensible manner to the notice of all persons using land over which the proposed wayleave is likely to be created.

Section 145 (1) provides that a county government, an association, or any group of persons may make an application to the commission for a communal right of way. Once an application has been made to NLC, the determination for creation of a wayleave is conducted as per section 146 of the act and includes:

• NLC, after at least ninety days from the date of the serving of notices, considering all the information received and all representations and objections made by any person served with a notice and recommending to the Cabinet Secretary whether to:(i) appoint a public inquiry to give further consideration to the representations and objections; or(ii) refer the application to the County Government for its opinion on whether to approve the application; or (iii) initiate and facilitate negotiations between those persons who have made representations on the application and the applicant with a view to reaching a consensus on that application; • The Cabinet Secretary determining whether or not to create to create a public right of way, after taking account, as the case may be, of:(a) the recommendations of the Commission; or(b) the advice of the county government; or (c) the outcome of any negotiations referred to above; • The Cabinet Secretary creating a public right of way by order in the Gazette. The order comes into force thirty days after its publication in the gazette.

An appeal against an order creating the wayleave is allowed within six weeks after the order has been made. Such appeal is made to the Court on a point of law against an order made by

ESIA Project Report for Murang’a Water Supply May 2015 the Cabinet Secretary, but apart from such an appeal, an order of the Cabinet Secretary shall not be questioned by way of judicial review or otherwise in any court.

According to section 148, prompt compensation shall be payable (by the State Department, county government, public authority or corporate body that applied for the public right of way) to any person for the use of land, of which the person is in lawful or actual occupation, as a communal right of way and, with respect to a wayleave, in addition to any compensation for the use of land for any damage suffered in respect of trees crops and buildings as shall, in cases of private land, be based on the value of the land as determined by a qualified valuer.

In case of disagreement or dissatisfaction on amount or method of or time taken to make payment, the affected individual may apply to court for determination and award.

Section 148 (6) stipulates that NLC shall make regulations prescribing the criteria to be applied in the payment of compensation. However, these regulations have not yet been formulated.

ii. The National Land Commissions Act, 2012

This is an Act of Parliament to make further provision as to the functions and powers of the National Land Commission, qualifications and procedures for appointments to the commission; to give effect to the objects and principles of devolved government in land management and administration, and for connected purposes.

The mandate of the Commission, as provided for in the Act, Pursuant to Article 67(2) of the Constitution, shall be:

• To manage public land on behalf of the national and county governments; • To recommend a national land policy to the national government; • To advise the national government on a comprehensive programme for the registration of Title in land throughout Kenya; • To conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities; • To initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress; • To encourage the application of traditional dispute resolution mechanisms in land conflicts; • To assess tax on land and premiums on immovable property in any area designated by law; and • To monitor and have oversight responsibilities over land use planning throughout the country

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• On behalf of, and with the consent of the national and county governments, alienate public land; • To monitor the registration of all rights and interests in land; • To ensure that public land and land under the management of designated state agencies are sustainably managed for their intended purpose and for future generations; • Develop and maintain an effective land information management system at national and county levels; • Manage and administer all unregistered trust land and unregistered community land on behalf of the county government; and • Develop and encourage alternative dispute resolution mechanisms in land dispute handling and management.

This Commission will be integral in the management of land issues arising from the project implementation, especially as far as portals and pipelines wayleave acquisition is concerned.

iii. The Land Registration Act, Act No. 3 of 2012

This is an Act of Parliament intended to revise, consolidate and rationalize the registration of titles to land, to give effect to the principles and objects of devolved government in land registration, and for connected purposes.

Land Registry Section 7(1) of the Act provides for establishment of a land registry in each registration unit which shall keep registers of the following regarding land: • A land register, in the form to be determined by the Commission; • The cadastral map; • Parcel files containing the instruments and documents that support subsisting entries in the land register. • Any plans which shall, after a date appointed by the Commission, be georeferenced; • The presentation book, in which shall be kept a record of all applications numbered consecutively in the order in which they are presented to the registry; • An index, in alphabetical order, of the names of the proprietors; and • A register and a file of powers of attorney.

Maintenance of documents, including land title deeds

Further, section 9(1) provides that the Registrar shall maintain the register and any document required to be kept under this Act in a secure, accessible and reliable format. These documents include

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• Publications, or any matter written, expressed, or inscribed on any substance by means of letters, figures or marks, or by more than one of those means, that may be used for the purpose of recording that matter; • Electronic files; and • An integrated land resource registers.

The register, as provided for in part 2 of section 9, shall contain the following particulars; • Name, personal identification number, national identity card number, and address of the proprietor; • In the case of a body corporate, name, postal and physical address, certified copy of certificate of incorporation, personal identification numbers and passport size photographs of persons authorized and where necessary attesting the affixing of the common seal; • Names and addresses of the previous proprietors; • Size, location, user and reference number of the parcel; and • Any other particulars as the Registrar may, from time to time, determine.

These provisions are essential to any new land acquisition or transaction processes arising from implementation of the water project.

iv. The Land and Environment Court Act, 2012

This is an Act of Parliament to 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. The principal objective of this Act is to enable the Court to facilitate the just, expeditious, proportionate and accessible resolution of disputes governed by this Act.

Section 13 (2) (b) of the Act outlines that 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:

• Relating to environmental planning and protection, trade, climate issues, land use planning, title, tenure, boundaries, rates, rents, valuations, mining, minerals and other natural resources; • Relating to compulsory acquisition of land; • Relating to land administration and management; • Relating to public, private and community land and contracts, chooses in action or other instruments granting any enforceable interests in land; and • Any other dispute relating to environment and land.

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Section 24 (2) also states that the Chief Justice shall make rules to regulate the practice and procedure, in tribunals and subordinate courts, for matters relating to land and environment.

Section 30 (1) states that all proceedings relating to the environment or to the use and occupation and title to land pending before any Court or local tribunal of competent jurisdiction shall continue to be heard and determined by the same court until the Environment and Land Court established under this Act comes into operation or as may be directed by the Chief Justice or the Chief Registrar.

Any land or/and environmental cases arising from the project will be handled in accordance with the provisions of this act.

Relevance All the applicable land laws will be adhered to especially during land acquisition exercise

4.2.5 Occupational Safety and Health Act, 2007

This is an Act of Parliament that provides for the safety, health and welfare of workers and all persons lawfully present at work places to provide for the establishment of the National Council for Occupational Safety and Health and for connected purposes. Section 3 (1) states “that the Act shall apply to all workplaces where any person is at work, whether temporarily or permanently”.

Under this Act, the duties of the Occupier are provided thus in Section 6:

1. Every occupier shall ensure the safety, health and welfare at work of all persons working in his workplace. 2. Without prejudice to the generality of an occupier's duty under subsection (1), the duty of the occupier includes: a) the provision and maintenance of plant and systems and procedures of work that are safe and without risks to health; b) arrangements for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances; c) the provision of such information, instruction, training and supervision as is necessary to ensure the safety and health at work of every person employed; d) the maintenance of any workplace under the occupier's control, in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks to health; e) the provision and maintenance of a working environment for every person

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employed that is, safe, without risks to health, and adequate as regards facilities and arrangements for the employees welfare at work; f) informing all persons employed of any risks from new technologies; and g) imminent danger; and h) ensuring that every person employed participates in the application and review of safety and health measures. 3. Every occupier shall carry out appropriate risk assessments in relation to the safety and health of persons employed and, on the basis of these results, adopt preventive and protective measures to ensure that under all conditions of their intended use, all chemicals, machinery, equipment, tools and process under the control of the occupier are safe and without risk to health and comply with the requirements of safety and health provisions in this Act. 4. Every occupier shall send a copy of a report of risk assessment carried out under this section to the area occupational safety and health officer; 5. Every occupier shall take immediate steps to stop any operation or activity where there is an imminent and serious danger to safety and health and to evacuate all persons employed as appropriate. 6. It is the duty of every occupier to register his workplace unless such workplace is exempted from registration under this Act. 7. An occupier who fails to comply with a duty imposed on him under this section commits an offence and shall on conviction be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding six months or to both.

a) Health

Part VI of the Occupational Safety and Health Act, 2007, addresses provisions concerning health. These provisions are:

• Cleanliness; • Overcrowding; • Ventilation; • Lighting; • Drainage of floors; and • Sanitary conveniences.

These provisions are to be enforced by the Department of Occupational Health and Safety of the Ministry of Labour.

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b) Machinery Safety

Part VII of the Occupational Safety and Health Act, 2007 elaborately deals with machinery safety requirements, mainly from the point of view of avoiding accidents and injuries at work. Table 15 presents a summary of the requirements of the Occupational Safety and Health Act, 2007.

Table 4-4: Provisions under the Occupational Safety and Health Act, 2007 Section Provisions Section 55 All plant, machinery and equipment whether fixed or mobile for use either at the workplace or as a workplace, shall only be used for work which they are designed for and be operated by a competent person. Section 56 Every flywheel directly connected to any prime mover and every moving part of any prime mover, except prime mover referred to in subsection (3), shall be securely fenced, whether the flywheel or prime mover is situated in an engine-house or not. Every part of an electric generator, motor and rotary converter, and every flywheel directly connected thereto, shall be securely fenced. Section 63 Every hoist or lift shall be of good mechanical construction, sound material and adequate strength, free from patent defect and be properly maintained. Every hoist or lift shall be thoroughly examined at least once in every period of six months or after any modifications or extensive repairs or within a shorter period, by a person approved for the purposes of this section by the Director by certificate in writing, and a report of the result of every such examinations, in the prescribed form and containing the prescribed particulars, shall be signed by the person carrying out examination and shall be entered in or attached to the general register within fourteen days of the examination. There shall be marked conspicuously on every hoist or lift the maximum working load which it can safely carry and no load greater than load shall be carried on any hoist or lift.

c) Safety –General Provisions

Part VIII of the Occupational Safety and Health Act, 2007 describes safety general provisions.

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Section 74 (1) provides for storage. It states that “all goods, articles and substances stored in a workplace shall be stored or stacked – In such a manner as will ensure their stability and prevent any fall or collapse of the stack; • In such manner as not to interfere with the adequate distribution of the natural or artificial light, the natural ventilation systems, the proper operation of machines or other equipment, the unobstructed use of passageways, gangways or traffic lanes, and the efficient functioning of sprinkler systems, the unobstructed access to other fire extinguishing equipment within the workplace; and • On firm foundations not liable to overload any floor.

Section 76 (2) states that “Every employer shall take necessary steps to ensure that workstations, equipment and work tasks are adapted to fit the employee and the employee’s ability including protection against mental strain”.

According to Section 76 (3) “Every manufacturer, importer and supplier or an agent of a manufacturer, importer and supplier of the machinery and equipment referred to in paragraph (1) shall ensure that the equipment complies with the safety and health standards prescribed under this Act and shall provide adequate and appropriate information including hazard warning signs”.

Section 76 (4) further states that “ An employer shall not require or permit any of his employees to engage in the manual handling or transportation of a load which by reason of its weight is likely to cause the employee to suffer bodily injury”.

Other provisions covered under this Safety – general provisions include:

• Section 77: Safe means of access and safe place of employment; • Section 78: Fire Prevention; • Section 79: Precautions in places where dangerous fumes are likely to be present; • Section 81: Safety provisions in case of fire; and • Section 82: Evacuation procedures.

Part IX of the Occupational Safety and Health Act, 2007 also provides for Chemical Safety, Part X provides for Welfare – General Provisions, Part XI Health, Safety and Welfare Special Provisions and Part XII special applications.

Relevance The contractor and AWSB will be required to comply with all the provisions of the Act throughout the project cycle.

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4.2.7 The Penal Code (Cap. 63)

Section 191 of the Penal Code makes it an offence for any person or institution that voluntarily corrupts, or foils water for public springs or reservoirs rendering it less fit for its ordinary use. Similarly, section 192 of the same act prohibits making the atmosphere in any place to make it noxious to health of persons/institution in dwellings or business premises in the neighbourhood or those passing along a public way.

Relevance The contractor and the project proponent will be required to ensure strict adherence to the Environmental Management Plan throughout the project cycle in order to mitigate against any possible negative impacts associated with dust, noise and effluent discharge. This code is also applicable during the operation phase of the project.

4.2.6 Public Health Act (Cap 242)

Part IX, Section 115, of the Act states that “no person/institution shall cause nuisance or condition liable to be injurious or dangerous to human health”. Section 116 requires that Local Authorities take all lawful, necessary and reasonably practicable measures to maintain their jurisdiction clean and sanitary to prevent occurrence of nuisance or condition liable to be injurious or dangerous to human health. Such nuisance or conditions are defined under Section 118 as waste pipes, sewers, drainers or refuse pits in such state, situated or constructed as in the opinion of the medical officer of health to be offensive or injurious to health.

Relevance The project construction and operation activities are bound to expose both workers and members of the general public to situations injurious to health. All activities of the project are thus expected to abide by this act to ensure a healthy environment.

4.2.8 Physical Planning Act

This is the main Act that governs land planning and all proposed developments must be approved by the respective local authority and certificate of compliance issued accordingly. Under the Act, the director of physical planning advises the commissioner of lands on land alienation issues that fall under Government Lands Act and Trust Land Act. The director also advises the commissioner of lands and local authorities on land use, sub-division and or amalgamation of land; prepares regional

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and local physical development plans.

At the district level, the district physical planning liaison committee comprises heads of the various departments and is chaired by the District Commissioner. One of the major functions of the liaison committee is to determine development applications for change of user or sub-division of land that could have significant impact on adjacent land and or breach registered conditions in a given title deed; and also industrial location which could have negative impact on the environment and adjoining land.

The director is required to publish the regional physical development plan and also notify the local authority within whose jurisdiction the plan is to be affected.

Section 36 states that if in connection with a development application a local authority is of the opinion that proposals for industrial location, dumping sites, sewerage treatment, quarries or any other development activity will have injurious impact on the environment, the applicant shall be required to submit together with the application an environmental impact assessment report.

Section 30(1) requires a developer in any local authority to be granted development permission by the respective local authority, failure to which heavy fines will ensue; and the land registrar shall decline to register such a document. No sub-division of private land shall take place within a local authority unless the sub-division is in accordance with the requirements of an approved local physical development plan.

Relevance For each development case, the stipulated procedure laid down by this Act shall be complied with before the activities begin. It is however notable that this act is under review to align it with the new constitution. Some of its provisions like the local authorities are no longer applicable having been abolished in the new constitution.

4.2.9 The County Governments Act 2012

The local government act was repealed after the final announcement of all the results of the first elections held under the Constitution as per the County Governments Act of 2012. Under section 134 subsection (1), The Local Government Act is repealed upon the final announcement of all the results of the first elections held under the Constitution. It further states in section 134, subsection (2) reads “All issues that may arise as a consequence of the repeal under subsection (1) shall be dealt with and discharged by the body responsible for matters relating to transition”.

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The project will according to the County Government act of 2012 ensure that the project activities conform to the regulation that shall be passed.(section 135 (1) The Cabinet Secretary may make regulations for the better carrying out of the purposes and provisions of this Act and such Regulations may be made in respect of all county governments and further units of decentralization generally or for any class of county governments and further units of decentralization) comply to the set regulations and by laws.

Relevance This is the primary law governing the development of counties and thereby will be key during implementation of the project. All organs established under this law should be consulted and approvals sought from the relevant authorities in relation to the County Government of Murang’a.

4.2.10 Employment Act

This is an Act of parliament that applies to all employees employed by any employer under a contract of service. The Act came in operation in June 2008. Employment of children in the following forms is prohibited in the following sections of the Act:

53. (1) notwithstanding any provision of any written law, no person shall employ a child in any activity that constitutes worst form of child labour. 56. (1) No person shall employ a child who has not attained the age of thirteen years whether gainfully or otherwise in any undertaking. (2) A child of between thirteen years of age and sixteen years of age may be employed to perform light work which is (a) Not likely to be harmful to the child’s health or development; and (b) Not such as to prejudice the child’s attendance at school, his participation in vocational orientation or training programmes approved by Minister or his capacity to benefit from the instructions received.

Relevance AWSB and the contractor will need to understand the requirements of the Act during employment. Equal opportunity should be given to all both men and women so as to ensure equity.

4.2.11 Work Injury Benefits Act (WIBA)

It is an act of Parliament to provide for compensation to workers for injuries suffered in the course of their employment. It outlines the following:

ESIA Project Report for Murang’a Water Supply May 2015

• Employer’s liability for compensation for death or incapacity resulting from accident; • Compensation in fatal cases; • Compensation in case of permanent partial incapacity; • Compensation in case of temporary incapacity; • Persons entitled to compensation and methods of calculating the earnings; • No compensation shall be payable under this Act in respect of any incapacity or death resulting from a deliberate self-injury; • Notice of an accident, causing injury to a workman, of such a nature as would entitle him for compensation shall be given in the prescribed form to the director.

Relevance The contractor will need to abide by all the provisions of WIBA.

4.2.12 Explosives Act, Cap 115

This is an Act of Parliament that regulates the manufacture, storage, sale, transport, importation, exportation and use of explosives. Some of the key provisions of this act relevant to the project include:

• Section 8(1): No person, other than the manufacturer, shall sell, deal in or dispose of any explosive unless he is in possession of a license granted under this Act; • Section 9(1): No person shall purchase or otherwise acquire blasting materials except under the authority of, and to the extent authorized in, a written permit issued by an inspector. • Section 11(1): No person shall use, or cause to be used, any blasting materials at a depth of ten meters or more, measured from the surface along or down a shaft, adit, well or tunnel, unless he is in possession of a valid miner's blasting certificate issued to him under the Mining Act, or is under the immediate supervision of the holder of such a certificate; and • Section 13(1): No person shall convey explosives or cause them to be conveyed within Kenya, except under and in accordance with a permit in writing issued by an inspector

Explosives (Blasting Explosives) rules

These rules provide detailed requirements for ensuring safe packaging, licensing and construction of magazines, storage and reporting accidents related to handling explosives.

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Relevance Use of explosives in sections of the pipelines may occur. The contractor engaged will have to abide by all relevant provisions of this act and its rules. All licenses required for handling, transporting, storage and use of the explosives must be obtained and remain valid throughout the construction period.

4.3 Licences and permits

The Proponent should demonstrate compliance to the legislation through acquisition of the appropriate licenses and permits. Furthermore, all contractors and consultants who will be engaged during the planning and design, construction, operation and maintenance and decommissioning should demonstrate compliance to the necessary pieces of legislation. These includes: NEMA registration certificates and licenses, WRMA Permits, trade licenses, etc.

4.4 World Bank Operational Policies

4.4.1 Environmental Assessment (OP 4.01)

Environmental Assessment is used by World Bank to identify, avoid, and mitigate the potential negative environmental impacts associated with Bank lending operations. The proposed Murang’a Water Supply will result to numerous mild negative impacts to the environment which will be mitigated as the proposed project is categorized under category B under World Bank Categorizations criteria.

Category A: A proposed project is classified as Category A if it is likely to have significant adverse impact on the environment. A project with complicated impact or unprecedented impact which are difficult to assess is also classified as Category A. The impact of Category A projects may affect an area broader than the sites or facilities subject to physical construction.

Category B: A proposed project is classified as Category B if its potential adverse environmental impact is less adverse than that of Category A projects. Typically, this is site-specific, few if any are irreversible, and in most cases normal mitigation measures can be designed more readily.

Category C: A proposed project is classified as Category C if it is likely to have minimal or no adverse environmental impact. Projects that correspond to one of the following are, in principle, classified as Category C.

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Relevance The proposed Murang’a Water Supply is a project whose impacts to the environment are less adverse to the environment and can be mitigated as they are site specific. The project does not traverse in any protected habitat, international water way or indigenous persons regions.

4.4.2 Natural Habitats (OP 4.04)

This policy seeks to ensure that World Bank-supported infrastructure and other development projects take into account the conservation of biodiversity, as well as the numerous environmental services and products which natural habitats provide to human society. The policy strictly limits the circumstances under which any Bank- supported project can damage natural habitats (land and water 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 either:

• legally protected, • officially proposed for protection, or • unprotected but of known high conservation value.

In other (non-critical) natural habitats, Bank supported projects can cause significant loss or degradation only when there are no feasible alternatives to achieve the project's substantial overall net benefits and acceptable mitigation measures, such as compensatory protected areas, are included within the project.

Relevance Although the natural vegetation cover in the project area has been significantly altered, precaution is required in line with OP 4.04 to ensure the riverine resources management are sustainable.

4.4.3 Physical Cultural Resources (OP 4.11)

This policy defines the cultural property as having archaeological, palaeontological, historical, religious and unique natural values. There are no known physical cultural resources within the proposed site thus this policy may be not be triggered.

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Relevance The contractor and AWSB will be required to follow chance find Procedures and contact the National Museums of Kenya (NMK) should any archeological site or artifact encountered during construction.

4.4.4 Involuntary Resettlement (OP 4.12)

The Bank's OP 4.12 is triggered in situations involving involuntary taking of land and involuntary restrictions of access to legally designated parks and protected areas. The policy aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts.

It promotes participation of displaced people in resettlement planning and implementation, and its key economic objective is to assist displaced persons in their efforts to improve or at least restore their incomes and standards of living after displacement.

The policy prescribes compensation and other resettlement measures to achieve its objectives and requires that borrowers prepare adequate resettlement planning instruments prior to Bank appraisal of proposed projects.

Relevance The project triggers this policy as there were areas where land will be acquired i.e. at the proposed Kiriciungu treatment plant site and parts of Rwathia – Mukangu and Kayahwe – Kambirwa water pipelines. A RAP study has been carried out to provide guidance on land acquisition and compensation to the affected persons.

4.4.5 Operational Policy 4.36: Forests

The Bank's current forests policy aims to reduce deforestation, enhance the environmental contribution of forested areas, promote afforestation, reduce poverty, and encourage economic development.

Combating deforestation and promoting sustainable forest conservation and management have been high on the international agenda for over two decades. However, little has been achieved so far and the world's forests and forest dependent people continue to experience unacceptably high rates of forest loss and degradation. The Bank is therefore currently finalizing a revised approach to forestry issues, in recognition of the fact that forests play an increasingly important role in poverty alleviation, economic development, and for providing local as well as global

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environmental services.

Success in establishing sustainable forest conservation and management practices depends not only on changing the behavior of all critical stakeholders, but also on a wide range of partnerships to accomplish what no country, government agency, donor, or interest group can do alone.

The new proposed Forest Strategy suggests three equally important and interdependent pillars to guide future Bank involvement with forests:

• Harnessing the potential of forests to reduce poverty, • Integrating forests in sustainable economic development, and • Protecting vital local and global environmental services and forest values.

Relevance This policy is not triggered since the nearest forest which is Aberdare forest is not within the project area.

4.5 International Conventions and Treaties

A treaty is a binding agreement under International Law concluded by subjects of International Law, namely states and international organizations. Treaties can be called by many names including; International Agreements, Protocols, Covenants, Conventions, Exchanges of Letters, Exchanges of Notes, etc. However all of these are equally treaties and the rules are the same regardless of what the treaty is called.

Treaties can be loosely compared to contracts; both are means of willing parties assuming obligations among themselves, and a party to either that fails to live up to their obligations can be held legally liable for that breach. The central principle of treaty law is expressed in the maxim pacta sunt servanda, translated as "pacts must be respected."

Kenya has ratified the following Project-relevant international conventions:

4.5.1 Millennium Development Goals (MDG’s)

Laws governing freshwater use are meant to establish a suitable framework for the sustainable management of the resource. Furthermore, the laws provide a basis for the regulators to ensure that the resource use, whether by government or individuals or groups therefore adheres to the sound resource management.

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The Kenya Government subscribes to the following MDG’s and targets among others:

• Eradicate Poverty and Hunger by 2015. The Government intends to halve the proportion of people living on less than a dollar a day and those who suffer from hunger. • Reduce child mortality. As target for 2015, the government intends to reduce by two- thirds the mortality rate among children under five. • Improve maternal health. A target for 2015, aimed at reducing by two-thirds the ratio of women dying in childbirth. • Combat HIV/AIDS, malaria and other diseases. A target for 2015 that will bring to a halt and begin to reverse the spread of HIV/AIDS and the incidence of malaria and other major diseases. • Ensure environmental sustainability. The target by the Kenyan Government focuses on the following: • Integrate the principles of sustainable development into country policies and programmes and reverse loss of environment resources; • By 2015, reduce by half the proportion of people without access to safe drinking water; • By 2020 achieve significant improvement in the lives of at least 100 million slum dwellers. • Develop a global partnership for development. The Government targets in this goal good governance, special needs of least developed areas, debt problems, decent work for youth, affordable drugs and availability of new technologies especially Information Communication Technology (ICT).

Of necessity to the sector under review is Goal 7 Target 10 whose aim is: “To halve by 2015 the proportion of people without sustainable access to safe drinking water and sanitation services”.

Increasing the urban water supply to serving 84% of the urban and 74% of the rural population by 2015 allowing for higher levels of water consumption and meeting acceptable standards may be achieved through the following:

• Reducing unaccounted for water; • Rehabilitation of existing schemes; • Expansion of schemes to areas presently not being served; • Introducing demand management; and • Construction of new water supply schemes.

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Relevance The proposed project will contribute to ensuring sustainable access to safe drinking water and alleviating rural poverty while this ESIA study has been done for the proposed project to ensure that it reflects Environmental Sustainability especially during the time of construction and implementation.

4.5.2 United Nations Framework Convention on Climate Change (UNFCCC)

The Convention on Climate Change sets an overall framework for intergovernmental efforts to tackle the challenge posed by climate change. It recognizes that the climate system is a shared resource whose stability can be affected by industrial and other emissions of carbon dioxide and other greenhouse gases. The Convention enjoys near universal membership, with 191 countries having ratified.

Under the Convention, governments:

• Gather and share information on greenhouse gas emissions, national policies and best practices; • launch national strategies for addressing greenhouse gas emissions and adapting to expected impacts, including the provision of financial and technological support to developing countries; and • Cooperate in preparing for adaptation to the impacts of climate change. The Convention entered into force on 21 March 1994.

The landmark UNFCCC was opened for signature at the 1992 United Nations Conference on Environment and Development (UNCED) Conference in Rio de Janeiro (known by its popular title, the Earth Summit). On June 12, 1992, 154 nations signed the UNFCCC that upon ratification committed signatories' governments to a voluntary "non-binding aim" to reduce atmospheric concentrations of greenhouse gases with the goal of "preventing dangerous anthropogenic interference with Earth's climate system." These actions were aimed primarily at industrialized countries, with the intention of stabilizing their emissions of greenhouse gases at 1990 levels by the year 2000; and other responsibilities would be incumbent upon all UNFCCC parties. The parties agreed in general that they would recognize "common but differentiated responsibilities," with greater responsibility for reducing greenhouse gas emissions in the near term on the part of developed/industrialized countries, which were listed and identified in Annex I of the UNFCCC and thereafter referred to as "Annex I" countries.

Kenya signed the UNFCCC on 12th July 1992, ratified it on 30th August 1994 and

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started enforcing it on 28th November 1994.

Relevance The proponent should observe the above convention in all its operations throughout the project cycle.

4.5.3 Convention on Biological Diversity

This global convention was held to foster conservation and sustainable use of biological resources, so as to preserve their diversity for posterity. Kenya is a signatory to this convention, having ratified it in 1994. The provisions of this Convention have since been integrated in the laws of Kenya, climaxed by the development of the Kenya National Biodiversity Strategy and Action Plan in 2000 by the then Ministry of Environment and Natural Resources.

Relevance In line with the spirit of the convention, there is need to integrate biodiversity consideration in to the proposed water project as the associated activities will impact on the plant species in the area.

4.5.4 African Convention on the Conservation of Nature and Natural Resources

It was held on 15th September, 1968 in Algiers. The convention sought to awaken the continent on the need to preserve natural ecosystems and employ sustainable used of natural resources of economic importance, particularly the soil, water, flora and fauna.

Relevance The proposed water supply project should therefore be carried out in conformity to the inter-governmental agreement at the convention, of which Kenya is a signatory.

4.5.5 Kyoto Protocol

According to a press release from the United Nations Environment Programme: "The Kyoto Protocol is an agreement under which industrialized countries will reduce their collective emissions of greenhouse gases by 5.2% compared to the year 1990 (but note that, compared to the emissions levels that would be expected by 2010 without the Protocol, this target represents a 29% cut). The goal is to lower overall emissions of six greenhouse gases - carbon dioxide, methane, nitrous oxide, sulphur hexafluoride, HFCs, and PFCs - calculated as an average over the five-year period of 2008- 12.”(http://en.wikipedia.org/wiki/kyoto_protocol)

ESIA Project Report for Murang’a Water Supply May 2015

It is an agreement negotiated as an amendment to the United Nations Framework Convention on Climate Change (UNFCCC), which was adopted at the Earth Summit in Rio de Janeiro in 1992. All parties to the UNFCCC can sign or ratify the Kyoto Protocol, while non-parties to the UNFCCC cannot. The Kyoto Protocol was adopted at the third session of the Conference of Parties (COP) to the UNFCCC in 1997 in Kyoto, Japan.

th Kenya’s accession was presented on 25 February 2005 and the Protocol acceded on th 26 May 2005.

Relevance Compliance with this convention will largely inform the technical and environmental evaluation of the project if any additional funding may be required in future. There is thus a necessity that proper adherence to minimal carbon emission levels be ensured during the operational phases of the project.

4.6 Institutional and Administrative Framework

There are several organizations involved in water resource and environment management in the country. These organizations include the Ministry of Environment, Water and Natural Resources, National Environment and Management Authority, Water Resources Management Authority and the County Governments. The overall entity involved in the environmental management in Kenya is the National Environment Management Authority which has been founded and mandated under the EMCA, 1999.

4.6.1 Ministry of Environment, Water and Natural Resources

The mandate of the Ministry is to protect, conserve and manage the environment and natural resources of Kenya sustainably with a view of supporting socio-economic development, reduce poverty, improve living standards and ensure a clean environment. The Ministry’s Water Sector has its fundamental goal and purpose as conserving, managing and protecting water resources for socio-economic development. Its aim is to improve the living standards of people by ensuring proper access to available water resources.

Water resources, land, flora and fauna and the air are core components of the natural environment. The proposed development project will utilize surface water and all the other resources at one stage or another. Any extractive or depository uses of the

ESIA Project Report for Murang’a Water Supply May 2015

resources are guided by the various programmes and regulations under the ministry and consistent consultative partnerships, including adherence to relevant legal provisions will be required in the entire course of the project.

4.6.2 National Environment Management Authority (NEMA)

The objective and purpose for which NEMA was established is to exercise general supervision and co-ordination over all matters relating to the environment and to be the principal instrument of the government in the implementation of all policies relating to the environment. However, NEMA’s mandate is designated to the following committees:

a. County Environment Committee

The County and Sub County Environmental Committees contribute to decentralised environmental management and enable the participation of local communities. These environmental committees consist of the following:

• Representatives from all the line ministries; • Representatives from local authorities within the County/ Sub counties; • Two farmers / pastoral representatives; • Two representatives from NGOs involved in environmental management in the County/Sub counties; • A representative of each regional development authority in the province/district.

b. Public Complaints Committee

The Committee performs the following functions:

• Investigate any allegations or complaints against any person or against the authority in relation to the condition of the environment in Kenya and on its own motion, any suspected case of environmental degradation and to make a report of its findings together with its recommendations thereon to the Council; • Prepare and submit to the Council periodic reports of its activities which shall form part of the annual report on the state of the environment under Section 9 (3); and • Other functions and excises such powers as may be assigned to it by the Council.

ESIA Project Report for Murang’a Water Supply May 2015

c. National Environment Action Plan Committee

This Committee is responsible for the development of a 5-year Environment Action Plan among other things. The National Environment Action Plan shall:

• Contain an analysis of the Natural Resources of Kenya with an indication as to any pattern of change in their distribution and quantity over time; • Contain an analytical profile of the various uses and value of the natural resources incorporating considerations of intergenerational and intra- generational equity; • Recommend appropriate legal and fiscal incentives that may be used to encourage the business community to incorporate environmental requirements into their planning and operational processes; • Recommend methods for building national awareness through environmental education on the importance of sustainable use of the environment and natural resources for national development; • Set out operational guidelines for the planning and management of the environment and natural resources; • Identify actual or likely problems as may affect the natural resources and the broader environment context in which they exist; • Identify and appraise trends in the development of urban and rural settlements, their impact on the environment, and strategies for the amelioration of their negative impacts; • Propose guidelines for the integration of standards of environmental protection into development planning and management; • Identify and recommend policy and legislative approaches for preventing, controlling or mitigating specific as well as general diverse impacts on the environment; • Prioritise areas of environmental research and outline methods of using such research findings; • Without prejudice to the foregoing, be reviewed and modified from time to time to incorporate emerging knowledge and realities; and • Be binding on all persons and all government departments, agencies, States Corporation or other organ of government upon adoption by the national assembly.

d. Standards and Enforcement Review Committee

This is a technical Committee responsible for environmental standards formulation methods of analysis, inspection, monitoring and technical advice on necessary mitigation measures.

ESIA Project Report for Murang’a Water Supply May 2015

e. National Environmental Tribunal

This tribunal guides the handling of cases related to environmental offences in the Republic of Kenya. f. National Environment Council (NEC)

EMCA 1999 No. 8 Part III Section 4 outlines the establishment of the National Environment Council (NEC). NEC is responsible for policy formulation and directions for purposes of EMCA; set national goals and objectives and determines policies and priorities for the protection of the environment and promote co-operation among public departments, local authorities, private sector, non-governmental organisations and such other organisations engaged in environmental protection programmes. g. County Environmental Offices

NEMA has offices at county levels contributing to decentralised environmental management.

4.6.3 Athi Water Services Board

Athi Water Services Board (AWSB) is the project implementing agency. AWSB is one of the eight Water Boards under the Ministry of Environment, Water and Natural Resources created under Section 51 of the Water Act 2002 to bring about efficiency, economy and sustainability in the provision of water and sewerage services in Kenya. Core mandates of AWSB include to:

• Plan and develop National Public Water Works for bulk water supply; • Formulate Development and Investment Plans in liaison with county governments; • Provide input to the national development and financing plan; and • Provide technical assistance to Water Service Providers for county asset development

4.6.4 Tana Water Services Board

The project is being implemented jointly with Tana Water Services Board (TWSB). (TWSB) is one of the eight Water Services Boards created following the enactment of the Water Act (2002). The TWSB core functions are: • Efficient and economical provision of water services authorized by the license • Managing and developing water supply and sanitation assets

ESIA Project Report for Murang’a Water Supply May 2015

• Entering into service provision agreements with WSPs and monitoring their performance; and • Supporting communities in area of responsibility in the provision of water and sanitation

The area of coverage includes Nyeri, Meru, Murang’a, Kirinyaga, Embu and Tharaka- Nithi Counties.

4.6.5 Water Resource Management Authority (WRMA)

Water Resources Management Authority (WRMA) which is a corporate body to function under the direction of a Governing Board is responsible for water resource management. The Authority develop principles, guidelines and procedures for the allocation of water resources, assess and re-assess water resources potential, receive and determine applications for permits for water use, monitor and enforce conditions attached to the permits for water use.

Furthermore the Authority regulates and protects water resources quality from adverse impacts, manage and protect catchment areas, determine charges and fees to be imposed for the use of water from any water source, gather and maintain information on water resources from time to time to publish forecasts, projections and information on water resources and also liaise with other bodies for the better regulations and management of water resources. It establishes offices in the Catchment Areas called Catchment Area Advisory Committee whose membership consists of Government Officials, Stakeholders and Communities.

4.6.6 Water Services Regulatory Board

The Board regulates the provision of services by registered Water Services Providers through the Water Services Boards.

4.6.7 Water Services Providers

There are three water service providers (WSPs) who are working under TWSB and will benefit from this project. They include:

1. Murang’a Water and Sanitation Company (MUWASCO); 2. Murang’a South Water and Sanitation Company (MUSWASCO); and 3. Kahuti Water and Sanitation Company (KAWASCO)

WSPs are the utilities or water companies. They are state owned but have been

ESIA Project Report for Murang’a Water Supply May 2015 commercialized to improve performance and run like business within a context of efficiency, operational and financial autonomy, accountability and strategic, but minor investment. They are charged with the provision of the water and sanitation services in their different area of jurisdiction. The four WSPs will be responsible for operation and maintenance (O&M) of the project once commissioned.

4.6.8 County Government of Murang’a

Murang’a County is the project host county will have various inputs in the project implementation in line with constitutional functions of county governments. The functions of the county government relevant to the proposed project, as outlined in the Fourth Schedule, Constitution of Kenya 2010 are as follows:

• Agriculture and husbandry; • Provision of essential services such health services, county transport, education; • Control pollution and disasters management; • Monitor cultural activities, public entertainment and public amenities; • County planning and development; • County public works and services; • Implementation of specific national government policies on natural resources and environmental conservation; and • Encourage public participation in county governance and development

The county government of Murang’a is thus expected to help in coordinating various project related activities as far as general environmental conservation and public participation are concerned. This will be better achieved through the county ministry of Ministry of Environment, Water and Natural Resources.

ESIA Project Report for Murang’a Water Supply May 2015

5.0 ANALYSIS OF ALTERNATIVES

5.1 Introduction

The Environmental Impact Assessment Study should identify and assesses alternatives to the proposed development/project. Only the best alternative (one with the least adverse impacts) should be selected based on less negative impacts and cost-benefit analysis. An important alternative to be analysed always is the “no project”. This is a very important analysis because it helps the proponents measure the impacts from the project against those which would have taken place without the project. Two other types of alternatives have also been analysed - Fundamental Alternatives and Incremental Alternatives.

5.2 No Project alternative

The no-action alternative is often defined by the baseline information and is crucial in the assessment of impact because other alternatives are weighed with reference to it. This alternative would mean that the project does not proceed.

Without the project, the environmental situation will neither improve nor can we say that it will necessarily deteriorate. Development of the project on the other hand will improve water provision to the communities living within Murang’a County. The no- projection option will however lead to the following (general) major negative and long term impacts:

• The targeted populations (for water provision) will continue to use the existing water supply sources which is erratic, inadequate and expensive; • Increased exposure to health risks (water borne diseases) and high floride level due to the use of borehole water in many areas e.g. Kenol town; • Stagnating growth of the County; and • There will be loss of productivity and reduced ability to create wealth.

The No Project alternative is therefore not a viable alternative as the proposed water supply project will relieve the people of Murang’a County the water problem.

5.3 Fundamental Alternatives

Fundamental alternatives are developments that are totally different from the proposed project and usually involve a different type of development on the proposed site, or a different location for the proposed development.

ESIA Project Report for Murang’a Water Supply May 2015

5.3.1 Development alternatives

The proposed development is for the provision of potable water to most areas within Murang’a County. Due to the lack of distribution lines and adequate treated water within the County and thus the dire need of basic service provision, the fundamental alternative of a development other than the proposed water supply scheme is therefore not feasible in this instance. For this reason no alternatives will be considered.

5.3.2 Location alternatives

The current project was envisaged during the construction of Murang’a Bulk Water Supply System by Tana Water Services Board. The project was designed so as water can be reticulated to the needy areas within the County. Provisions were made to use the existing roads as far as practically possible to reduce impacts associated with land take. Thus in light of the above no location alternatives will be considered.

5.4 Incremental Alternatives

Incremental alternatives are modifications or variations to the design of a project that provide different options to reduce or minimise environmental impacts. There are several incremental alternatives that can be considered, including:

• The design or layout of the activity • The technology and materials to be used in the activity

5.4.1 Layout alternatives

The majority of the proposed development sites are under different types of vegetation; majorly tea plantations. An assessment of the fauna, flora and ecological processes within the proposed treatment work areas and the pipelines have been done during this EIA phase. It was found that the project will have minimal impact on the environment. The EIA report thus recommends the adoption of the proposed Murang’a Water Supply Project.

5.4.2 Alternative construction materials and technology

The proposed project will be constructed using modern, locally and internationally accepted materials to achieve public health, safety, security and environmental aesthetic requirements. Equipment that save energy and water will be given first priority without compromising on cost or availability factors. The use of locally sourced

ESIA Project Report for Murang’a Water Supply May 2015 stones, cement, sand (washed and clean), metal bars, pipes and fittings that meet the Kenya Bureau of Standards requirements is recommended.

Heavy use of timber during construction is discouraged because of destruction of forests. The exotic species would be preferred to indigenous species in the construction where need will arise.

ESIA Project Report for Murang’a Water Supply May 2015

6.0 PUBLIC CONSULTATIONS AND PARTICIPATION

6.1 Background

Public consultation is useful for gathering environmental data, understanding likely impacts, determining community and individual preferences, selecting project alternatives and designing viable and sustainable mitigation and compensation plans.

Extensive public consultation meetings for the Murang’a Water Supply Project took place while undertaking this ESIA study and Resettlement Action Plan. The main objective for the consultation process was to involve the community at the very early stages so as to identify likely negative impacts and find ways to minimise negative impacts and enhance positive impacts of the project.

6.1.1 Objectives of the Public Consultations

The overall goal of the consultation process is to disseminate project information and to incorporate the views of the project beneficiaries and Project Affected Persons (PAPs) in the design of the mitigation measures and a management plan.

The specific aims of the consultation process are to:

• Improve project design and, thereby, minimize conflicts and delays in implementation; • Facilitate the development of appropriate and acceptable entitlement options; • Increase long term project sustainability and ownership; • Reduce problems of institutional coordination; • Make the resettlement process transparent; and • Increase the effectiveness and sustainability of income restoration strategies, and improve coping mechanisms.

An important element in the process of impact assessment is consulting with stakeholders to gather the information needed to complete the assessment. The main objectives of community consultations were to:

• Provide clear and accurate information about the project to the beneficiary community; • Obtain the main concerns and perceptions of the population and their representatives regarding the project; • Obtain opinions and suggestions directly from the affected communities on their

ESIA Project Report for Murang’a Water Supply May 2015

preferred mitigation measures; and • Identify local leaders with whom further dialogue can be continued in subsequent stages of the project.

6.2 Stakeholder consultations

Key informant interviews were held with several Sub-County heads within Kangema, Kiharu, Kandara, Kigumo and Murang’a South Sub-Counties. A summary of the discussions are as shown in Table 6-1 below. The consultation list is as shown in Appendix 1.

Table 6-1: Summary of discussions with key stakeholders within Murang’a County Name Title Comments Response 1. Kandara Sub-County 1.J.K.Nyamumbo Deputy County -Provide a main pipeline and -As per the Water act 2002, the Sese Commissioner leave distribution to peoples provision of water services is (DCC) homesteads to be run by done by the local Water Service community based water Providers. service providers; -Emphasized that the water to -The water to be supplied will be be supplied should be treated treated. The Kahuti Treatment thoroughly as the current Plant is being rehabilitated water is turbid and unfit for while a new water treatment consumption; plant is proposed in Kiriciungu. -People running the CDF -The designs for the projects are funded projects to be given a available on request. layout plan of the pipeline for better planning in laying of distribution pipelines to peoples homesteads; -Requested for rehabilitation -The request may be considered of the current existent in the future. pipelines in the area.

2.Lydiah.W.Mwang District -Expressed concern on -The Water Company will be i Agriculture challenges faced by Murang’a involved during the construction Officer (D.A.O) South Water and Sanitation phase of the project to ensure Company (MUSWASCO) in smooth transition. water supply in the area, she proposed more facilitation of service providers to ensure sustainability of the water supply service;

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Name Title Comments Response -Valuation to be done -A competent valuer has been perfectly to avoid complains sourced by AWSB to undertake from the public; valuation of the affected parcels -Fully supports the project as and assets. it would be beneficial to the public.

3.Beatrice Gicheha Sub county -Fully supports the project as administrator long as the people of Kandara sub-County are getting water for consumption.

4.P.M.Munyambu Sub county -Fully supports the project water officer especially the construction of the Kiriciungu treatment plant as the water currently being provided to the people is turbid and unsafe for drinking; -The request may be considered -Requested for rehabilitation in the future. of pipeline network currently existent in Kandara; -A pipeline from Muruka -Focus to be given generally through Kenol to Makuyu will in all parts not only in Kenol be constructed under this and Makuyu. project.

5.D.K.Waweru Sub county -Fully supports the project as -The proposed project will fisheries officer the water being supplied increase water distribution currently is inadequate to within the County which was meet the needs of the people; lacking before. This will ensure -Public has been informed that the locals can easily get that there’s a lot of water connected. especially around Ngararia but they don’t know where the water goes to as there’s inconsistency in water supply.

6. George Karuru Sub-County -Gave the most common -The project will decrease Public Health diseases in the sub-county i.e. incidences of water borne Officer URTI, UTI, skin diseases, diseases as the water supplied diarrhea and eye infections. will be safe for drinking.

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Name Title Comments Response 7.Julius Mungai Technical -Proposed changes to the -The Sabasaba area will be manager: Kaharati-Iganjo line that it served by the Mareira-Muthithi MUSWASCO should pass through Sabasaba line. 8.John Macharia Engineering as it would best serve the Assistant: people there who have very MUSWASCO little water; -Were not aware of the -Mareira-Muthithi line is part of project plans of the Mareira- the Murang’a water supply Muthithi line; project -Wondered whether the -The board will construct new board will use new lines or lines. rehabilitate the old ones; -They need the project scope -The Water Company will be plans for better planning; involved fully during the -AWSB could offer assistance construction phase of the in the funding of distribution project. pipelines because their funds are currently low; -Muruka-Kenol-Makuyu line -The line has been designed to should at least be extended to terminate at Makuyu. reach Makuyu town; -Fully supports the project and it would be good as it goes according to the proposed plan and are pleased with the way AWSB started off with the project.

2. Murang’a South Sub-County 1.Wesley Koech DCC -Fully supports the project as it will increase water supply in many areas especially in growing towns such as Kenol where water is mostly salty; -Proposed for more -The request may be considered facilitation of water supply in the future. service providers to ensure efficiency.

2.Benson Muhia Sub county -Fully supports the project as administrator long as the people of his district get safe water for drinking;

ESIA Project Report for Murang’a Water Supply May 2015

Name Title Comments Response -Suggested that after the -This is a good proposed and it proposed project has been will be raised with Tana Water successful sewers should be Services Board for consideration. constructed in Kenol.

3.John.K.Mwangi Sub county -Supports the project as it is a fisheries officer good idea to give back to the community; -Requested for more water for -The proposed project is mainly pond maintenance. for domestic use only.

4.Saamuel.M.Rwigi Sub county -Proposed change of the -The Sabasaba area will be water officer Kaharati-Iganjo line to pass served by the Mareira-Muthithi through Sabasaba as the line. people there are in desperate need of the water due to its inadequacy; -Muruka-Kenol-Makuyu line -The line has been designed to to be extended to serve people terminate at Makuyu. Extensions of Karimiri, Murang’a TCC, can be done by the Water Ciombo and finally towards Service Providers in future. Kabiti and Makuyu town; -Fully supports the project and requests for the layout plan for better planning on his side.

3. Kigumo Sub-County 1.Mr.Langat Assistant County -Fully supports the project as Commissioner it will improve the livelihoods of the people; -Pledges to fully support the project to ensure its successful completion. 2.Fredrick.K.Muny Sub county -Fully supports the project; ua administrator -Inquired whether the -The Sabasaba area will be pipelines will reach Sabasaba served by the Mareira-Muthithi as there’s none there; line. -Involve the County -The County Government is government and Community fully aware of the project and is based organizations in the in support of the project. project as they could partner -As per the Water act 2002, the up in laying of pipelines to provision of water services is

ESIA Project Report for Murang’a Water Supply May 2015

Name Title Comments Response people’s homesteads. done by the local Water Service Providers -The local communities will be informed in laying of pipes since this will create employment for the locals.

3.David.N.Gichoni Sub county -Suggested that the line -The Sabasaba area will be water officer should also pass through served by the Mareira-Muthithi Sabasaba as the area is line. currently receiving very little water as compared to other places; -Major areas in Kigumo -This will be considered in haven’t been covered future. especially Kahumba which is the driest part in Kigumo; -Doesn’t see the importance of -This line is being layed to distributing water into the ensure to ensure that the people Muthithi tank instead that of Sabasaba get access to clean water should be taken to water. Sabasaba.

4.John.N.Ndurungo Sub county -Fully supports the project; fisheries officer -Requested for integration of -The current project is being water supply with aquaculture done to meet the demands for as the water from aqua culture domestic use. is used in people’s farms as fertilizer; -Requests for supply of water for a hatchery of catfish because most farmers are switching from tilapia to catfish. 5.Rewel M Kariuki Sub-County -Gave the most common -The project will help in Health Research diseases in the sub-county i.e. reducing the incidences of water Informative URTI, UTI, skin diseases, borne diseases in the sub-county. Officer diarrhea, eye infections and accidents inclusive of injuries; -He gave a website where all the disease prevalence’s in the county are posted (www.dhis2kenya.go.ke).

ESIA Project Report for Murang’a Water Supply May 2015

Name Title Comments Response 4.Kiharu Sub-County 1.Richard Onyango Assistant County -The ACC is aware and Commissioner supports the project being undertaken.

2.Mary Chege DAO -Requested for future -The design reports including purposes to be given a detailed the project layout are available layout plan of the projects in and can be shared with her order to get a clearer office. perspective; -Fully supports the project especially areas around Kenol and Makuyu. 3.Edward lelgo DCC -It’s the project that will spur socioeconomic growth of Murang’a; -Water coverage around -The project will ensure the Kiharu Sub-County should be percentage water coverage in equal in terms of water Kiharu increases. provision; -People to be given prior -The affected farmers have been notice before their lands are sensitized through public pegged. meetings and they will be informed through the Chief’s office when the survey and pegging works will be undertaken.

4.Danson Chege Sub county -Fully supports the project fisheries officer and should the water be in excess could be used in ponds.

5. Daniel Ng’ang’a Managing -They serve Kiharu Sub- Director: county with a population of MUWASCO 60,000 people. They have managed to serve 80% of this population; -Parts of Kayahwe-Kambirwa -Valuation will be undertaken to line will pass through private ensure that the affected persons property which will require are adequately compensated. compensation -Ensure proper consultations -The affected farmers have been are done with the affected sensitized through public

ESIA Project Report for Murang’a Water Supply May 2015

Name Title Comments Response persons; meetings which were organized -Pipeline will pass through by the area chiefs. sloping ground in some -Mitigation measures will be sections and might cause soil proposed in the ESIA Report to erosion if the soil is not ensure that soils are protected. properly compacted. This may lead to pollution of Kayahwe river. 5.Kangema Sub-County 1.Miriam .W.Tilas DCC -Communities would be more -Public meetings have been held receptive to the project if they through the local administration received the news from their to sensitize the community on administrators; the project. -People at the intake should -The people around the intakes be given consideration by will receive water. being supplied with water too.

2.Zachary Ngatia Sub county -Highly supported the project administrator as it would be a positive added value to the sub-county; -MCA to be involved in the -The MCAs have been consulted project in a political good will widely on this project. basis; -Suggested that water kiosks -This suggested may be be built in order to create considered in future. some job opportunities and management be under the community.

3. Bernard Sub county -In support of the project; Ndome Agricultural -The dominant crops within officer Kangema Sub-county includes coffee, tea, fruit trees (ovacado, passion fruits, tree tomato), beans, cabbages and tomatoes; -People might use the -People will be sensitized during domestic water for irrigation the public meetings not to use as they are in need of the water for irrigation. irrigation water. Irrigation is important as it reduces crop seasonality and improves diversity. There are two

ESIA Project Report for Murang’a Water Supply May 2015

Name Title Comments Response irrigation projects in the area although one is non- functional.

4. Ephantus Kamau General -They cover the larger part of -The affected farmers have been Manager: Kahuti Kangema Sub-county and sensitized through public Water and parts of Kiharu Sub-county; meetings which were organized Sanitation -They are in support of the by the area chiefs. Valuation will Company project and they appreciate it. be done by a valuer to ensure -The community should be that the affected persons are properly briefed on the adequately compensated. project and how -Negotiations are ongoing with compensation will be done so the land owner at the clear that they don’t feel ambushed. water tank at Kahuti treatment -Land for clear water tank at works. This will ensure Kahuti treatment works acquisition of the land on a should be quickly addressed. willing-buyer-willing-seller basis.

6.3. Public Sensitization

Public sensitization and inclusion meetings were held within the project area from 14th October 2014 to 30th October 2014 with the help of Tana Water Services Board and the respective local administration more so the area chiefs and assistant chiefs. A total of 13 meetings were held as shown in Table 6-2 below. The attendance lists and minutes of meetings are presented in Appendix 2.

Table 6-2: Public consultation meetings during ESIA Date Venue Location 1. 14/10/2014 Mathioya Tea Collection Centre Rwathia 2. 15/10/2014 Kagia Tea Collection Kanyenyaini 3. 15/10/2014 Rwathia’s Chief’s Office Rwathia 4. 16/10/2014 Gituru Tea Collection Centre Githumu 5. 16/10/2014 Assistant Chief’s Office Kenyanjeru Rwathia 6. 21/10/2014 Chief’s Camp in Nguthuru Sub-location Muruka 7. 21/10/2014 Kenol Kimomori 8. 21/10/2014 Kiairathe Centre Muringaine 9. 22/10/2014 Mbiri’s Chief Office Mbiri 10. 22/10/2014 Kamahuha Chief’s Office Kamahuha 11. 22/10/2014 Makuyu Chief’s Office Makuyu 12. 23/10/2014 Gikindu’s Chief Office in Kambirwa Gikindu 13. 30/10/2014 Muthithi Chief’s Camp Muthithi

ESIA Project Report for Murang’a Water Supply May 2015

Presented below are the main concerns and issues that arouse from the public meetings:

• That the water project is long overdue. More water should be provided to the community since they are currently using borehole water which is insufficient, expensive and with high fluoride content; • Would the water also be used for irrigation? They were informed that the water being provided was for drinking purposes only; • They requested that the valuation exercise should be done well and compensation money released as soon as possible; • The community complained that people use the pipeline wayleaves as footpaths which has led to insecurity as thieves take the advantage to steal properties from peoples’ homesteads. They were advised to fence off these areas to avoid these cases; • The community suggested that the water service providers should immediately start doing the connections so that immediately the project is over, they can be supplied with water; • The community wanted to know who will be responsible for compensation when pipes burst and destroy their properties. They were informed that this will be the responsibility of the water service providers; • They also inquired on the ownership of the project after the completion phase. They were told that the project will be handed over to the respective water service providers; • The youth should be considered for employment during the construction phase.

Table 6-3 shows the photo plates showing some of the meetings held at the different levels of consultations during the ESIA and RAP studies.

ESIA Project Report for Murang’a Water Supply May 2015

Table 6-3: Photo log of various meetings held during the ESIA study

Plate 1: The ESIA team and the area leaders Plate 2: Public meeting at Makuyu inspecting a proposed site in Kahuti

Plate 3: Public baraza at Kamahuha Chief’s Plate 4: Chief Muruka location addressing a Camp public meeting in Nguthuru

ESIA Project Report for Murang’a Water Supply May 2015

6.4 Perceptions and support of the Proposed Project

During the socio-economic survey exercise, a question on the community’s awareness and perception of the proposed project was asked. About 59.1% of the persons within the project area noted that they were aware of the proposed project while 40.9% were not aware.

Of the surveyed population who noted that they were aware of the project, 62.1% got the information from government officials while 22.1% got the information from their friends and neighbours. Another 13.5% got their information from the ESIA and RAP exercise and 1.4% from the media. This is as presented in Figure 6-1 below.

Figure 6-1: Source of awareness

About 97.5% of members of the community support the project while only 2.5% of the community does not support the project. More than half of the surveyed population (62.3%) noted that the project will affect their operations.

6.5 Problems affecting people in the area

The community gave the general problems which are facing them and according to the survey, their biggest challenge is access to water at 31.6%. Other problems as shown in Figure 6-2 include youth unemployment, infrastructure, inadequate land, insecurity, inadequate health facilities, inadequate schools and floods.

ESIA Project Report for Murang’a Water Supply May 2015

Figure 6-2: Problems affecting people in the area

ESIA Project Report for Murang’a Water Supply May 2015

7.0 ASSESSMENT OF IMPACTS AND MITIGATION MEASURES

7.1 Introduction

This Chapter identifies and discusses both positive and negative impacts associated with the proposed Project and their mitigation measures. The anticipated impacts and corresponding mitigation measures are discussed in Phases namely: design, construction, operation and decommissioning Phases.

The study has predicted and evaluated anticipated impacts using acceptable standard methods of impact prediction and evaluation. The significance of impacts is subjective, and expert judgments were used. Public participation and consultation with a wide sector of the community were conducted to reduce uncertainty. Table 7-1 below summarizes the anticipated environmental problems observed which may be created by the project.

Table 7-1: Summary of environmental and social impacts

Environmental and social Positive/ Direct / Temporary Major / Occurrence impact negative indirect /permanent Minor Design and Construction Operation Employment opportunities Positive Direct/ Permanent/ Major ü ü Indirect Temporary

Creation of awareness Positive Direct Permanent Minor ü Creation of markets for Positive Direct Permanent Minor ü construction material Increased water quality and Positive Direct Permanent Major - ü quantity Improved performance and Positive Direct Permanent Major - ü living standards of the residents within the project area Creation of Wealth Positive Direct Permanent Minor - ü

Reduced exposure to health risks Positive Direct Permanent Major - ü and improved nutrition Sustainability of the Water Positive Direct Permanent Major - ü Service Providers

ESIA Project Report for Murang’a Water Supply May 2015

Environmental and social Positive/ Direct / Temporary Major / Occurrence impact negative indirect /permanent Minor Design and Construction Operation Enhanced gender and Positive Indirect Permanent Minor - ü participation in development Education benefits to girl child Positive Indirect Permanent Minor - ü

Interference with the physical Negative Direct Permanent Minor ü ü setting Interruption of existing Negative Direct Permanent Major ü - installations on the pipeline route Land take Negative Direct Permanent Major ü -

Noise generation Negative Direct Temporary Minor ü ü Dust emissions Negative Direct Temporary Minor ü -

Disposal of spoil Negative Direct Temporary Minor ü - Solid waste generation Negative Direct Temporary/ Major ü ü Permanent

Vegetation loss Negative Direct Permanent- Major ü - Accidental spills and leakages Negative Direct Temporary Minor ü -

Worker accidents and hazards Negative Direct Permanent Major ü ü Extraction and use of Negative Direct Temporary Minor ü - construction material

Increased water demand Negative Direct Temporary Minor ü - Archaeological and other Negative Direct Temporary Minor ü - cultural properties

Increase in HIV/AIDS Negative Direct Permanent Minor ü - prevalence and other STIs

Spread of communicable Negative Direct Temporary Minor ü - diseases and other infections

Immigration and settlement Negative Direct Temporary Minor ü -

ESIA Project Report for Murang’a Water Supply May 2015

Environmental and social Positive/ Direct / Temporary Major / Occurrence impact negative indirect /permanent Minor Design and Construction Operation Growth of unplanned Negative Indirect Temporary Minor ü - settlements Child labour Negative Direct Temporary Minor ü - Reduced downstream flows Negative Direct Permanent Major - ü

Increased domestic wastewater Negative Direct Permanent Major - ü generation Sludge management Negative Direct Permanent Minor - ü Backwash water Negative Direct Permanent Minor - ü

Chemical handling Negative Direct Permanent Minor - ü Emergency preparedness Negative Direct Permanent Minor - ü

Energy management Negative Direct Permanent Minor - ü

7.2 Positive impacts during planning and design phase

7.2.1 Employment opportunities

With the planning and design phase of the proposed Project, there will be employment opportunities especially for professionals. Those involved in planning and design include engineers, surveyors, valuers, environmentalists and sociologists among others. Those employed will improve their living standards from the fees they will be paid for their services.

7.2.2 Creation of awareness

During the planning and design phase of the proposed Project, the community will be informed of the Project and their views sought on the Project. In this way, awareness will be created for both the community and the Proponent. The Proponent will also be in a position to put into practice the useful advice from the community when planning and designing the Project.

Further, there will be enhanced interaction between key parties including government and private institutions in the Project area. The key players in this process shall include

ESIA Project Report for Murang’a Water Supply May 2015

Murang’a South Water and Sanitation Company (MUSWASCO), Murang’a Urban Water and Sanitation Company (MUWASCO), Kahuti Water Supply and Sanitation Company, AWSB, TWSB, WRMA and the local community in the Project area. The national and Murang’a County administration will also be of vital importance in the disclosure.

7.3 Negative impacts during planning and design phase

The Consultant will mobilise a large team of skilled and unskilled human resource to undertake the surveys and other studies required to complete the designs. Among the activities to be undertaken are excavations for beacons and control stations establishment. These studies shall however not allow for large scale destruction and disturbance of vegetation and soils.

Mobilisation of the skilled and non-skilled labour and the process of disclosure and consultations among the residents and other stakeholders shall however lead to heightened expectations and speculations.

With the foregoing, it is envisaged that there will be minimal to no negative impacts during the planning and design stage.

Mitigation:

• Impacts during this phase of the project are not significant. However, the Design Team shall take necessary measures to document any concerns and address them on as they occur. In that regard, the Design Team shall incorporate an Environmental Expert in the team and take time to sensitise and alert the residents of the on- goings.

7.4 Positive impacts during construction phase

7.4.1 Employment opportunities

With the construction of the proposed Project, there will be employment opportunities for both skilled and unskilled workers. This will be beneficial both from the economic and social point of view. Economically, it means abundant unskilled labour will be used in production. Socially these people will be engaged in productive employment and minimise social ills like drug abuse and other criminal activities.

Several workers including casual labourers, plumbers and engineers are expected to work on the site for a period of time. Semi-skilled, unskilled and formal employees are

ESIA Project Report for Murang’a Water Supply May 2015 expected to obtain gainful employment during the period of construction.

With labour intensive construction technologies, the project will provide employment for youths and provide support to the Government of Kenya initiatives on creation of jobs.

7.4.2 Creation of a market for construction

The Project will require materials, some of which will be sourced locally and some internationally. These include plant (pump sets, switch gear, instrumentation) pipes, valves, cement, sand, hardcore and chemicals. This will provide a ready market for suppliers in and outside the project area.

7.5 Negative impacts during construction

The following negative impacts are associated with the construction of the proposed Project.

7.5.1 Interference with the physical setting

The proposed project could result into the following negative impacts to the physical setting:

• Changes in the local topography during site grading, development of treatment systems and laying of pipes among others; • Blockage of natural drainage system at valley crossings; • Excavation for creation of access routes and related structures; and • Development of informal business depending on the intensity of labour import.

Mitigation:

• The design shall in no way propose to implement developments that will hinder drainage, change the topography or introduce physical changes that are not in harmony with the physical setting of the Project area; • The structures to be developed should be aesthetically acceptable to blend in with the surrounding. These structures should not form or end up being used by the resident population as access or bridges; • The proponent shall as much as possible complete the works in such a way that natural aesthetics shall be retained at the locations; • Restoration shall be undertaken to ensure that the original setting is as much as possible retained.

ESIA Project Report for Murang’a Water Supply May 2015

7.5.2 Interruption of existing installations on the pipeline route

The various installations will cross, move in or move along installations among them:

• Property accesses; • Roads • Underground utilities e.g. electricity and telephone links; and • Fences and structures.

These services are critical and have implications with spillover effects on the social and economic performance.

Mitigation:

• Formal request for permission to cross, break in and build the water pipeline should be sought from affected property owners and the relevant institutions such as Kenya Power and roads authorities; • Formal engagement should be done with key land and other property owners neighbouring the pipeline; • Ensure dissemination of relevant information to each of the affected parties; • A work plan with clear responsibilities for each party should be developed to ensure smooth execution of the construction.

7.5.3 Land take

The proposed project will lead to land take and subsequently compensation. The project components associated with impact to people’s properties are water pipelines and Kiriciungu treatment plant. Since the area is a rural agricultural region, most of the affected properties identified were basically food crops, cash crops and trees. The pipelines under the project will be laid along the river riparian, road reserves and within individual land. An easement will be acquired where the pipeline will be laid in peoples land. Land for the treatment plant will be acquired from individual persons through willing buyer willing seller arrangement. The estimated size of the land is 2 acres.

The RAP report has estimated the properties to be affected along Rwathia – Mukangu, Kiriciungu and Kayahwe – Kambirwa Pipelines and are as summarized in Table 7-2 below. A total of 366 project affected persons were identified.

ESIA Project Report for Murang’a Water Supply May 2015

Table 7-2: Summary of compensation budget Pipeline Location Number of PAPs Amount (Ksh) Rwathia – Mukangu Pipeline Kenyanyeini – Gitugu 36 1,294,838 Rwathia 45 2,117,024 Kiairathe Section I 35 2,181,105 Kenyanjeru 29 1,736,884 Kiairathe Section II 92 2,673,799 Kanorero – Gakira - Gitweku 59 8,208,245 Sub-total 296 18,211,895 Kiriciungu Kiriciungu Pipeline 18 2,407,718 Kiriciungu Treatment Plant 4 2,972,521 Sub-total 22 5,380,239 Kayahwe – Kambirwa Pipeline Kayahwe 48 3,056,936 Total 366 26,649,070 Miscellaneous 5% of compensation cost 1,332,454 Grand Total 27,981,524

Mitigation

• A resettlement action plan report (RAP) and valuation of assets have been undertaken. The RAP report has been prepared as a standalone report. Compensation will be done before project commencement.

7.5.4 Noise generation

Construction of the proposed Project will most likely result in noise emissions as a result of the machines that will be used e.g. excavation equipment and construction vehicles delivering materials to site. Noise will also be generated from the construction workers.

Significance of noise impacts depends on whether the Project would increase noise levels above the existing ambient levels by introducing new sources of noise. Noise impacts would be considered significant if the Project would result in the following:

ESIA Project Report for Murang’a Water Supply May 2015

• Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies; • Exposure of persons to, or generation of, excessive ground-borne vibration or ground-borne noise levels; • A substantial permanent increase in ambient noise levels (more than 3 dBA) in the project vicinity above levels existing before the project; and • A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing before the project.

The Proponent through the Contractor shall put in place several measures that will mitigate noise pollution arising during the construction phase.

Mitigation

• Install portable barriers to shield compressors and other small stationary equipment where necessary; • Use of quiet equipment (i.e. equipment designed with noise control elements); • Limit pickup trucks and other small equipment to a minimum idling time and observe a common-sense approach to vehicle use, and encourage workers to shut off vehicle engines whenever possible; • Provision of appropriate personnel protective equipment; • Construct mainly during the day; and • Consider labour based construction methodologies.

7.5.5 Dust emissions

Dust will be emitted during excavation and related earthworks. Air-borne particulate matter pollution is likely to occur during the route clearance and excavation. This is likely to affect site workers, in extreme situations leading to respiratory problems.

Mitigation:

• Minimizing the number of motorised vehicles on use; • Rehabilitate disturbed areas; • Provide scour checks on over-15% slopes or when working in loose soils; • Use predetermined tracks; • Avoiding machinery working in seasonally marshy areas, pans and floodplains; • Wet all active construction areas as and when necessary to reduce dust; • Undertake staff training and allocate roles to trained/responsible staff members.

ESIA Project Report for Murang’a Water Supply May 2015

7.5.6 Disposal of spoil

Project construction will involve earthworks and excavation. This will result in the generation of some spoil materials. But there will be little carting away of excavated material. The soils may affect the surrounding environment if not adequately disposed.

Mitigation:

• Maximise the re-use of excavated materials in the works as far as feasible to ensure that no permanent spoil dumps are created; • Properly dispose off the spoil in the identified by the design team and approved by the confirmed land owners; • Care should be taken to avoid spoil location in land that could otherwise be used for productive purposes.

7.5.7 Solid waste generation

Solid wastes generated during construction include papers used for packing, plastics, cuttings and trimmings off materials among others. Dumping around the site will interfere with the aesthetic status and has a direct effect on the surrounding community. Disposal of the same solid wastes off-site could also be a social inconvenience if done in the wrong places. The off-site effects could be aesthetic, pest breeding, pollution of physical environment including water resource, invasion of scavengers and informal recycling by communities.

Mitigation:

• Construction waste should be recycled or reused as much as possible to ensure that materials that would otherwise be disposed off as waste are diverted for productive uses; • The Proponent shall put in place measures to ensure that construction materials requirements are carefully budgeted and to ensure that the amount of construction materials left on site after construction is kept minimal; • Minimization of solid waste during construction of the proposed Project through use of durable, long-lasting materials that will not need to be replaced often, thereby reducing the amount of construction waste generated over time; • Skips and bins should be strategically placed within the campsite and construction site, they should also be adequately designed and covered to prevent access by vermin and minimize odour. They should also be emptied regularly; • Measures to ensure that waste materials from the Project are disposed at suitable sites will be taken. These will include engaging only reputable truckers and

ESIA Project Report for Murang’a Water Supply May 2015

conducting appropriate spot checks to verify that disposal are done in accordance with the requirements of NEMA; • The ultimate fate of the wastes should be monitored so that they are not illegally disposed of; • Provide portable sanitary conveniences for the construction workers for control of sewage waste. A ratio of approximately 25 workers per chemical toilet should be used.

7.5.8 Vegetation loss

The construction of the proposed project will involve clearing of vegetation cover especially in proximity to proposed developments. During construction, a small amount of vegetation will be cleared to give way for the proposed water pipelines and water treatment plants. Riverine vegetation will also be cleared around the Kiriciungu, South Mathioya and Kayahwe rivers. Not only may vegetation be lost, but also faunal habitats may also be lost or at least partly destroyed. In addition, the removal of areas of vegetation could mean that the same degree of interception will no longer occur, and consequently increased run-off might be expected. However, the significance of the vegetation loss during the site clearance is minimal.

Mitigation:

• The Contractor will ensure proper demarcation of the Project area to be affected by the construction works; • Strict control of construction vehicles to ensure that they operate only within the area to be disturbed by access routes and other works; • Retention of trees and shrubs, where possible on the potential sites for screening of the visual impact; • Where the proposed route requires the removal of any vegetation, care will be taken to minimize the destruction or damage of trees. • Re planting of destroyed trees in cleared areas where works are complete.

7.5.9 Accidental Spills and Leakages

The principal chemicals held on the site during the construction site are likely to be vehicle fuel and paints. Spillage or escape of such compounds are likely to have an immediate impact upon the local water resources and consequently on the terrestrial and aquatic flora and fauna.

ESIA Project Report for Murang’a Water Supply May 2015

Mitigation:

• Maintain vehicles and machineries at manufacturers specifications; • Ensure proper storage of chemicals / materials; • During the course of the construction works, temporary drainage channels should be constructed to encourage dispersal of meteoric waters.

7.5.10 Workers accidents and hazards

Construction workers are likely to have injuries and hazards as the construction works unavoidably expose workers to occupational health and safety risks. The workers are also likely to be exposed to risk of accidents and injuries resulting from accidental falls and injuries from hand tools and construction equipment.

Mitigation:

• To reduce the workers accidents and hazards the Proponent will develop and commit the Contractors to Site Occupational Health and Safety rules and regulations as stipulated in the Occupational Safety and Health Act, 2007; • All construction workers should be advised of the dangers associated with construction work; • Workers should be provided with suitable personal protective equipment (PPE); • Provision of adequate sanitary facilities to workers; • Train all workers on Safety Health and Environment (SHE) with an aim of improving awareness; • Trenches over 1.5 m deep or wherever soil conditions dictate should be shored and secured against accidental entry by workers and the public; • Install safety signage along the work areas; • Where construction activities interfere with the movement of traffic, the site should be signed and controlled by trained flagmen/flag women and lit by night.

7.5.11 Extraction and use of construction materials

Construction materials that will be used in the construction such as hard core, cement and rough stone will be obtained from quarries, hardware shops and sand harvesters who extract such materials from natural resource banks such as rivers and land.

ESIA Project Report for Murang’a Water Supply May 2015

Mitigation:

• The Contractors will source construction materials such as sand and hard core from registered and approved quarry and sand mining firms whose projects have undergone satisfactory environmental impact assessment/audit and received NEMA approval. Since such firms are expected to apply acceptable environmental performance standards, the negative impacts of their activities at the extraction sites are considerably well mitigated; • The Contractor will only order for what will be required through accurate budgeting and estimation of actual construction requirements.

7.5.12 Increased water demand

During the construction phase of the proposed Project, both the construction workers and the construction works will create demand for water in addition to the existing demand. Water will mostly be used in the construction of the treatment works and for wetting surfaces or cleaning/curing completed structures. It will also be used by the construction workers to wash and drink.

Mitigation:

• The Proponent through the Contractor shall ensure that water is used efficiently at the site by sensitizing construction staff to avoid irresponsible water use; • Any water handling equipment, facility and systems shall be appropriate for the intended usage. Water used on the construction shall reflect the level of conservation achieved by the Contractors. Documentation of amounts of water used will therefore be mandatory.

7.5.13 Archaeological and other cultural properties

From the field studies, there are no known impact on archaeologically protected monuments and cultural properties in the proposed project areas. However, during construction works, some archaeological or cultural sites may be encountered and damaged. Where these are encountered, they should be avoided as much as possible.

Mitigation:

• The contractor should develop and implement a chance find procedure in case archaeological sites are found during the construction process. Such procedure must incorporate liaison with the National Museum of Kenya.

ESIA Project Report for Murang’a Water Supply May 2015

7.5.14 Increase in HIV/AIDS prevalence and other STIs

As the project is going to bring in a significant population of new people in the project area it is focused that rates of new infections will increase. This is due to the fact that the contractors, traders and workers will have money to attract women from the project area in a bid to solicit for sex, thereby creating avenues for spread of HIV/AIDS and other STIs.

The most vulnerable members of the community are women as they don’t have access to resources necessary for production and wealth creation, in this case land. This will further predispose them to sex pests and consequently HIV/AIDS.

Mitigation:

• The Resident Engineer should ensure that prevention and management of STIs occurrences as a result of social interaction between immigrant workers and local populations is conducted through: o Selecting appropriate locations away from concentration of human settlements for construction camps; o Education and sensitisation of workers and the local communities on STIs including provision of condoms to the project team and the public; o The contractor has to institute HIV/AIDS awareness and prevention campaign amongst workers for the duration of the contract e.g. erect and maintain HIV/AIDS information posters at prominent locations as specified by the Resident Engineer; o The contractor has to ensure that staff are made aware of the risks of contracting or spreading sexually transmitted diseases; o The contractor should ensure that the project workers are sensitised on the local culture.

7.5.15 Spread of communicable diseases and other infections

During the construction phase there is a risk of spread of communicable diseases such as tuberculosis and pulmonary infections. Aspects of the physical environment that promote transmission of diseases include: inadequate housing, disposal of wastes and ventilation which are likely to occur during the construction phase of the project. With the influx of people, there will be a likelihood of increase in diseases such as typhoid, tuberculosis, diarrhoeal diseases, respiratory diseases, dysentery and cholera.

ESIA Project Report for Murang’a Water Supply May 2015

Mitigation:

• Treat affected local and migrant workers which will control the movement of disease vectors (through contaminated water and between people); • Provision of personal hygiene facilities in good condition with adequate water supply; • Ensure awareness raising on proper sanitation and personal hygiene to promote proper health.

7.5.16 Immigration and settlement

There will be increase of immigrant workers looking for jobs during the construction phase. This will lead to increase in population which will create more pressure on the existing social utilities such as medical centres in the project area. The new immigrants with diverse cultures will also expose the area to different Kenyan cultures as the project area is mainly inhabited by members of the Kikuyu community.

Mitigation:

• Workers should be sensitized on the local cultures and beliefs to ensure there is harmony in the project area.

7.5.17 Growth of unplanned settlements

The influx of immigrant workers may lead to unplanned settlements as the workers compete for the limited resources. This will strain local resources especially accommodation.

Mitigation:

• The contractor should as much as practicable employ unskilled staff from the local population so as to reduce the pressure on housing.

7.5.18 Child labour

According to the Maragua District Strategic Plan 2005 – 2010 which now forms part of the larger Murang’a County, child labour is rampant in the project area. Brief overview of the activities ongoing in the project area during the field studies showed that child labour is rampant in the area mainly in agriculture i.e. tea picking. There may therefore be a tendency of children to seek employment during the construction phase.

ESIA Project Report for Murang’a Water Supply May 2015

Mitigation:

• The contractor should ensure that all the personnel employed should be adults and should possess valid national identification cards.

7.6 Positive impacts during operation

Just as in the construction phase, there are positive impacts associated with the operation phase of the proposed Project. These positive impacts are discussed below.

7.6.1 Improved water quality and quantity

Improved water quality will in turn reduce exposure to water borne diseases to the consumers. General hygiene in the served area will improve through use of acceptable water quality. Markets and communities within Murang’a County will greatly benefit from the project.

7.6.2 Creation of job opportunities

During operation phase, there will be employment opportunities especially, for those who will be employed to manage, maintain and the installed equipment at the treatment plants and pipeline route. This will improve the living standards of these employees. Furthermore the availability of water within Murang’a will most likely create self-employment.

7.6.3 Improved performance and living standards within the project area

Water provision is one of the MDG goals for 2015. Provision of water and clean environment has been identified as one of the key pillars for alleviation of poverty. It is therefore envisaged that the continued existence of the project area as a sustainable settlement is reliant of the supply clean potable water for each and every person. This will immensely contribute to the property value, land value and aesthetic value of the Project area while ensuring that the population in this area remains healthy and productive.

Accesses to water will in the long term result in improved income levels and health of the people, this consequently leads to poverty reduction. Reduced distances travelled and time used to collect water is then put to economic activities.

ESIA Project Report for Murang’a Water Supply May 2015

7.6.4 Creation of wealth

The proposed development will ultimately provide revenues to the exchequer and expand the wealth base for the nation as a whole. It will pump both liquefied and tied up wealth hence making the nation gain. It will also go a long way in cementing the value of the Project area and its neighbourhood as a whole.

7.6.5 Reduced exposure to health risks and improved nutrition

Improved water quality for domestic consumption reduces the risk to the health of the consumers and dependants of water resources that could translate into financial saving through less related expenditures.

7.6.6 Sustainability of the Water Service Providers

Increased revenue collection will help Kahuti Water Supply and Sanitation Company, MUWASCO and MUSWASCO to be sustainable in terms of increased revenue due to increased customer base as the proposed project will increase the number or residents being served by these three water companies.

7.6.7 Enhanced gender and participation in development

Women form a high percentage of the project areas’ population but are inadequately participating in development activities due burden of fetching water. Increased availability of water will relieve them and thereby give them an opportunity to engage in development activities.

7.6.8 Education benefits to girl child

Availability of water will remove the burden of collecting water for girl child leading to academic pursuits. Academic pursuit of the girl child at early stage leads to further education and competitiveness in the job market which is an exit route from poverty.

7.7 Negative impacts during operation phase

The following negative impacts are associated with the proposed Murang’a Water Supply Project.

7.7.1 Reduced downstream flows

The construction of two treatment plants at Kiriciungu and Kahuti may lead to

ESIA Project Report for Murang’a Water Supply May 2015 increased abstraction of water from Kiriciungu and South Mathioya Rivers. The downstream flow is likely to be affected as a result of over abstraction. However, this impact is expected to be minimal because no additional abstraction will be done at the existing intake sites.

Reduced water level will affect water temperature which may in turn affect some aquatic plants and animals as it may exceed their biologically viable temps. Lower flow levels will also mean that water will not be available for downstream users.

Mitigation:

• There should be due adherence to the safest maximum abstractable water quantities of throughout the project life; • Adhere to WRMA water use permits; • The Proponent shall monitor the hydrology to determine whether there is reduced downstream flow.

7.7.2 Increased domestic wastewater generation

The proposed Project will result in increased wastewater generation through the introduction of more water in the system. This may lead pollution of the environment. The urban rural and peri urban region in Murang’a do not have proper conventional sewerage infrastructure. Residents rely on pit latrines and septic tanks for sewer disposal and gray water through surface drain to farmland for irrigation.

Mitigation

• Plans should be put in place by the WSPs on how to address sewer and waste water especially in fast growing towns like Kenol and Kangari.

7.7.3 Sludge management

One of the main by-products resulting from the treatment plant activities is sludge. This sludge will be kept on site temporarily before disposal or other uses such as use as fertilizer. The sludge, if not properly managed can have impacts on water quality, health of people around the plant, aquatic life and the natural habitat. Potential effects of temporary sludge storage are:

• Risk of fire or explosion: at this stage of the process, the sludge has been digested and the Volatile Solid content is very low and therefore such a risk is considered

ESIA Project Report for Murang’a Water Supply May 2015

unlikely with proper monitoring and maintenance. • Odours: as the sludge has been digested, stabilized and sun dried under aerobic conditions, it does not produce any bad odour. • Insects: temporary stored sludge is not a good environment for insect growth because of its temperature, it is too hot to allow egg cycle, but it can be a food source for adult flies • Groundwater infiltration: Problems could possibly arise during rainy season.

Mitigation:

• Apply quicklime treatment to dewatered sludge in order to create a pathogen and odor free product; • Dry sludge on the drying beds before disposing off in a dedicated disposal site; • Preparation and enforcement of operational guidelines for sludge treatment / management.

7.7.4 Back wash water

Backwashing is a form of preventive maintenance to keep water treatment filters functional. Spent backwash water can either discharged without treatment to a sanitary sewer system or is treated and recycled within the plant. Used backwash water contains high concentrations of particulate material. This can have an impact on water quality and aquatic life.

Mitigation:

• Drain the waste water into an oxidation pond / tank to allow for stabilization and neutralization; • Pass the stabilized backwash water into a soak pit or a controlled wetland before the water diffuses underground with sand filtration; • Recycle the treated backwash water to the channel leading to the filters; • Carrying out water sampling tests for both bacteriological and physical element.

7.7.5 Chemical handling

One of the first steps in a conventional water purification process is the addition of chemicals to assist in the removal of particles suspended in water. Particles can be inorganic such as clay and silt or organic such as algae, bacteria, viruses, protozoa and natural organic matter. Inorganic and organic particles contribute to the turbidity and colour of water. Some of the chemicals to be used for water purification include aluminum sulfate (or alum) and chlorine and will be used in the flocculation tanks.

ESIA Project Report for Murang’a Water Supply May 2015

Improper use of these chemicals may have an impact on water and soil quality.

Mitigation:

• Chemicals used for water treatment should be appropriately handled and disposed off as provided for in the material safety data sheets; • Awareness creation amongst workers on proper handling of chemicals through training.

7.7.6 Solid waste generation and disposal

The operation of majorly the treatment plants will result in generation of solid waste e.g. plastics (wrappings and containers), paper, office wastes including e.g. used toner cartridges, kitchen (canteen) wastes etc. These waste can be a nuisance if not properly disposed.

Mitigation:

• Provision of solid waste storage bins and skips; • Monitor skips so that they do not become overfilled; • Ensure that the solid waste collected is disposed of in an approved dumpsite.

7.7.7 Noise generation and vibration

During the operation phase, permissible/acceptable human noise levels can be temporarily exceeded due to the operation of plant and equipment within the treatment plants. Noise and vibration reduction measures in the Project should be handled at project design and enhanced at operations.

Mitigation:

• The design shall propose noise and vibration proofed systems installation. These shall be monitored during operation and if the values go above ambient or specifications, the necessary measures shall be undertaken which may include: o Improvement of proofing systems; o Servicing of the offending equipment; o Development of foundations and mountings; and o Complete or partial overhaul. • Personal protective equipment shall be provided at noisy areas for use by workers and visitors.

ESIA Project Report for Murang’a Water Supply May 2015

7.7.8 Emergency preparedness

The three WSPs should be prepared to handle incidents affecting drinking water and water treatment systems. Pipelines may be washed away by natural disasters such as excessive rain and landslides. Contamination of water can also occur. This should be mitigated against since it might impact the community.

Mitigation:

• Design and implement an emergency response plan; • Coordinate with aid organizations/agencies such as with the local fire brigade; • Install fire hydrants within the proposed development; • Install a fire extinguisher at the plant and train workers on how use.

7.7.9 Energy management

During the operation of the two treatment plants, energy will be used for the running of machines and equipment and also for lighting. Efficient power use should be a priority to avoid wastages.

Mitigation:

• To ensure efficient energy consumption, energy saving policies, technologies and management strategies in the overall Project management scheme should be included; • It will be important to monitor energy use during the operation of the proposed Project and set targets for efficient energy use; • Appropriate power transformers and accessories shall be installed in conjunction with the power distribution company; • Liaise with Kenya Power to ensure that the plant receives quality energy supplies as required under each plant and equipment specifications; • A stand -by generator set shall be installed and form part of the power supply system on site. This generator shall be sound proofed and kept in good running condition by regular checks and testing.

ESIA Project Report for Murang’a Water Supply May 2015

7.8 Impacts during decommissioning phase

Decommissioning refers to the formal process of removing something from the operational status. It requires time in order to properly deal with potentially hazards and risks that may be encountered. Decommissioning a water supply systems or a section of the systems (as may be applicable) means to set up an “unneeded-for-now” segment so that it does not require maintenance and its potential destruction, both chronic and catastrophic, is eliminated or greatly reduced. The construction investment is preserved, and should the proponent wish to reconstruct, the cost is minimal.

A typical decommissioning treatment involves water evacuation from the pipe, securing of air valves and washouts, demobilization of pumps and plant and disconnection from power mains, removal of unstable fills and configuration for long- term drainage, which includes measures such as out-sloping, water-barring, ditch removal, and a variety of other site-specific solutions. It does not include full out- sloping/re-contouring of wayleaves sections, unless this is clearly necessary for sediment yield reduction, which is unusual.

Decommissioning impacts are closely related to the reason for the decommissioning and include but are not limited to:

• Positive: o Employment opportunities. • Negative o Loss of potable water for residents; o Noise and vibration; o Generation of waste; o Dust emission; and o Land use changes.

All mitigation measures referred to under the construction phase will be applicable during decommissioning. Furthermore the following shall be undertaken under the decommissioning phase.

i. Public consultation

The Proponent shall undertake a thorough consultation with stakeholders to among others establish the following:

• Determine the anticipated impacts and provide mitigation; • Develop a decommissioning schedule; and

ESIA Project Report for Murang’a Water Supply May 2015

• Create awareness among stakeholders.

ii. Decommissioning closeout

The Proponent shall carry out all works based on the findings of the stakeholders’ consultations. At the end of these works, the Proponent shall obtain Certificates of Completion from all the necessary authorities including NEMA.

ESIA Project Report for Murang’a Water Supply May 2015

8.0 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN

8.1 Overview

This Environmental Impact Assessment Project Report complies with the requirements of the Environmental Management and Co-ordination Act (EMCA) of 1999 and takes into consideration the applicable local and international standards and best practices. As a requirement in EMCA, the report should provide for a detailed Environmental and Social Management Plan (ESMP).

The ESMP presented in this Chapter summarises the key impact elements identified and the remedial measures, the actions to be taken by various parties and the monitoring activities. An indication of the time scale for implementation and cost involved is also provided. The ESMP can be further expanded during implementation with documented procedures and guidelines for work practices so as to be as responsive to the situations that various Contract Parties will encounter. The Parties should formulate procedures and practices and maintain records as required by the Act (EMCA, 1999). The implementation of the ESMP should be done within the provisions of the law and for the ultimate benefit of the stakeholders in the Project area. The effectiveness of the ESMP shall be monitored and assessed during spot checks, formal inspections and at the end of the Project when an overall audit of the works shall be carried out.

8.2 Construction environmental and social management plans

A Construction Environmental Management Plan (CESMP) is a practical and achievable plan of management to ensure that any environmental impact during the design, planning and construction phase are minimised. CESMP’s have been proposed to deal with the following issues during Project construction:

• Interference with physical setting and key infrastructure installations; • Land take; • Noise and vibrations; • Dust and air quality; • Disposal of spoil and waste management; • Vegetation loss; • Accidental spills; • Occupational health and safety; • Increased water demand; • Archaeological and other cultural properties; • Increase in HIV/AIDS prevalence and other STIs;

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• Spread of communicable diseases and other infections; • Immigration and settlement; • Growth of unplanned settlements; and • Child labour

8.3 Operations environmental management plans

An Operational Environmental Management Plan is focused on sound environmental management practices that will be undertaken to minimise adverse impacts on the environment through normal operation of a facility. The management plan further identifies what measures should be taken in the event of emergencies or incidents during the operation of the facilities.

The plan has been proposed to deal with the following issues during Project operation:

• Reduced downstream flows; • Increased domestic wastewater generation; • Solid waste management; • Sludge management; • Backwash water management; • Chemical handling; • Noise generation and vibration; • Emergency preparedness; • Energy management; and • Capacity building.

Detailed environmental and social management plan is presented below.

ESIA Project Report for Murang’a Water Supply May 2015

Table 8-1: Environmental and Social Management Plan

Impact Mitigation Measure Institutional Time Frame Budget Ksh Responsibility Construction Phase Interference with the • The design shall in no way propose to implement AWSB During design 50,000 physical setting developments that will hinder drainage, change the Contractor and topography or introduce physical changes that are not construction in harmony with the physical setting of the Project phase area; • The structures to be developed should be aesthetically acceptable to blend in with the surrounding. These structures should not form or end up being used by the resident population as access or bridges; • The proponent shall as much as possible complete the works in such a way that natural aesthetics shall be retained at the locations; • Restoration shall be undertaken to ensure that the original setting is as much as possible retained. Interference of • Formal request for permission to cross, break in and AWSB Throughout 70,000 existing installations build the water pipeline should be sought from affected Contractor construction on the pipeline route property owners and the relevant institutions such as Kenya Power period Kenya Power and roads authorities; Roads Authorities • Formal engagement should be done with key land and other property owners neighbouring the pipeline; • Ensure dissemination of relevant information to each of the affected parties; • A work plan with clear responsibilities for each party should be developed to ensure smooth execution of the construction.

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Impact Mitigation Measure Institutional Time Frame Budget Ksh Responsibility Land take • A resettlement action plan report (RAP) and valuation AWSB Pre- Cost provided of assets have been undertaken. Compensation will be construction for in the RAP done before project commencement. The RAP report is stage Report attached as Annex 1. Noise generation • Install portable barriers to shield compressors and other Contractor Throughout 100,000 small stationary equipment where necessary; construction • Use of quiet equipment (i.e. equipment designed with period noise control elements); • Limit pickup trucks and other small equipment to a minimum idling time and observe a common-sense approach to vehicle use, and encourage workers to shut off vehicle engines whenever possible; • Provision of appropriate personnel protective equipment; • Construct mainly during the day; and • Consider labour based construction methodologies.

Dust emissions • Minimizing the number of motorised vehicles on use; Contractor Throughout 80,000 • Rehabilitate disturbed areas; construction • Provide scour checks on over-15% slopes or when period working in loose soils; • Use predetermined tracks; • Avoiding machinery working in seasonally marshy areas, pans and floodplains; • Wet all active construction areas as and when necessary to reduce dust; • Undertake staff training and allocate roles to trained/responsible staff members.

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Impact Mitigation Measure Institutional Time Frame Budget Ksh Responsibility Disposal of spoil • Maximise the re-use of excavated materials in the works as Contractor Throughout 100,000 far as feasible to ensure that no permanent spoil dumps are construction created; period • Properly dispose off the spoil in the identified by the design team and approved by the confirmed land owners; • Care should be taken to avoid spoil location in land that could otherwise be used for productive purposes.

Solid waste • Construction waste should be recycled or reused as much as Contractor Throughout 200,000 generation possible to ensure that materials that would otherwise be construction disposed off as waste are diverted for productive uses; period • The Proponent shall put in place measures to ensure that construction materials requirements are carefully budgeted and to ensure that the amount of construction materials left on site after construction is kept minimal; • Minimization of solid waste during construction of the proposed Project through use of durable, long-lasting materials that will not need to be replaced often, thereby reducing the amount of construction waste generated over time; • Skips and bins should be strategically placed within the campsite and construction site, they should also be adequately designed and covered to prevent access by vermin and minimize odour. They should also be emptied regularly; • Measures to ensure that waste materials from the Project are disposed at suitable sites will be taken. These will include engaging only reputable truckers and conducting

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Impact Mitigation Measure Institutional Time Frame Budget Ksh Responsibility appropriate spot checks to verify that disposal are done in accordance with the requirements of NEMA; • The ultimate fate of the wastes should be monitored so that they are not illegally disposed of; • Provide portable sanitary conveniences for the construction workers for control of sewage waste. A ratio of approximately 25 workers per chemical toilet should be used.

Vegetation loss • The Contractor will ensure proper demarcation of the Contractor Throughout 30,000 Project area to be affected by the construction works; construction • Strict control of construction vehicles to ensure that they period operate only within the area to be disturbed by access routes and other works; • Retention of trees and shrubs, where possible on the potential sites for screening of the visual impact; • Where the proposed route requires the removal of any vegetation, care will be taken to minimize the destruction or damage of trees. • Re planting of destroyed trees in cleared areas where works are complete. Accidental spills or • Maintain vehicles and machineries at manufacturers Contactor Throughout 10,000 leakages specifications; construction • Ensure proper storage of chemicals / materials; period • During the course of the construction works, temporary drainage channels should be constructed to encourage dispersal of meteoric waters.

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Impact Mitigation Measure Institutional Time Frame Budget Ksh Responsibility Worker accidents • To reduce the workers accidents and hazards the Proponent Contactor Throughout 50,000 and hazards will develop and commit the Contractors to Site construction Occupational Health and Safety rules and regulations as period stipulated in the Occupational Safety and Health Act, 2007; • All construction workers should be advised of the dangers associated with construction work; • Workers should be provided with suitable personal protective equipment (PPE); • Provision of adequate sanitary facilities to workers; • Train all workers on Safety Health and Environment (SHE) with an aim of improving awareness; • Trenches over 1.5 m deep or wherever soil conditions dictate should be shored and secured against accidental entry by workers and the public; • Install safety signage along the work areas; • Where construction activities interfere with the movement of traffic, the site should be signed and controlled by trained flagmen/flag women and lit by night.

Extraction and use of • The Contractors will source construction materials such as Contactor Throughout No additional construction sand and hard core from registered and approved quarry construction costs materials and sand mining firms whose projects have undergone period satisfactory environmental impact assessment/audit and received NEMA approval. Since such firms are expected to apply acceptable environmental performance standards, the negative impacts of their activities at the extraction sites are considerably well mitigated; • The Contractor will only order for what will be required

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Impact Mitigation Measure Institutional Time Frame Budget Ksh Responsibility through accurate budgeting and estimation of actual construction requirements.

Increased water • The Proponent through the Contractor shall ensure that Contactor Throughout No additional demand water is used efficiently at the site by sensitizing construction costs construction staff to avoid irresponsible water use; period • Any water handling equipment, facility and systems shall be appropriate for the intended usage. Water used on the construction shall reflect the level of conservation achieved by the Contractors. Documentation of amounts of water used will therefore be mandatory. Archaeological and • The contractor should develop and implement a chance Contactor/National Throughout No additional other Cultural find procedure in case archaeological sites are found Museums of construction costs properties during the construction process. Such procedure must Kenya/AWSB period incorporate liaison with the National Museum of Kenya. Increase in • The Resident Engineer should ensure that prevention and Contactor Throughout 100,000 HIV/AIDS management of STIs occurrences as a result of social construction prevalence and other interaction between immigrant workers and local period STIs populations is conducted through: o Selecting appropriate locations away from concentration of human settlements for construction camps; o Education and sensitisation of workers and the local communities on STIs including provision of condoms to the project team and the public; o The contractor has to institute HIV/AIDS awareness and prevention campaign amongst workers for the duration of the contract e.g. erect

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Impact Mitigation Measure Institutional Time Frame Budget Ksh Responsibility and maintain HIV/AIDS information posters at prominent locations as specified by the Resident Engineer; o The contractor has to ensure that staff are made aware of the risks of contracting or spreading sexually transmitted diseases; o The contractor should ensure that the project workers are sensitised on the local culture.

Spread of • Treat affected local and migrant workers which will Contactor Throughout 50,000 communicable control the movement of disease vectors (through construction diseases and other contaminated water and between people); period infections • Provision of personal hygiene facilities in good condition with adequate water supply; • Ensure awareness raising on proper sanitation and personal hygiene to promote proper health.

Immigration and • Workers should be sensitized on the local cultures and Contactor Throughout 10,000 settlement beliefs to ensure there is harmony in the project area. construction period Growth of unplanned • The contractor should as much as practicable employ Contactor Throughout No additional settlements unskilled staff from the local population so as to reduce construction costs the pressure on housing. period

Child labour • The contractor should ensure that all the personnel Contactor Throughout No additional employed should be adults and should possess valid construction costs national identification cards. period

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Impact Mitigation Measure Institutional Time Frame Budget Ksh Responsibility Operation Phase

Reduced downstream • There should be due adherence to the safest maximum KAWASCO, Throughout The WSPs to flows abstractable water quantities of throughout the project life; MUSWASCO and operation maintain a • Adhere to WRMA water use permits; MUWASCO phase running budget • The Proponent shall monitor the hydrology to determine for whether there is reduced downstream flow. Environmental Management Increased domestic • Plans should be put in place by the WSPs on how to address KAWASCO, Throughout during operation wastewater sewer and waste water especially in fast growing towns like MUSWASCO and operation of the Project. generation Kenol and Kangari. MUWASCO phase The budget will therefore be Sludge management • Apply quicklime treatment to dewatered sludge in order to KAWASCO, Throughout established at create a pathogen and odor free product; MUSWASCO and operation operations • Dry sludge on the drying beds before disposing off in a MUWASCO phase phase. dedicated disposal site; • Preparation and enforcement of operational guidelines for sludge treatment / management.

Back wash water • Drain the waste water into an oxidation pond / tank to KAWASCO, Throughout allow for stabilization and neutralization; MUSWASCO and operation • Pass the stabilized backwash water into a soak pit or a MUWASCO phase controlled wetland before the water diffuses underground with sand filtration; • Recycle the treated backwash water to the channel leading to the filters; • Carrying out water sampling tests for both bacteriological and physical element.

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Impact Mitigation Measure Institutional Time Frame Budget Ksh Responsibility Chemical handling • Improve chemical handling, avoid leakages and spillages; KAWASCO, Throughout • Appropriate record keeping of data on chemicals and MUSWASCO and operation material safety data sheets; MUWASCO phase • Awareness creation amongst workers on proper handling of chemicals through training.

Solid waste • Provision of solid waste storage bins and skips; KAWASCO, Throughout generation and • Monitor skips so that they do not become overfilled; MUSWASCO and operation disposal • Ensure that the solid waste collected is disposed of in an MUWASCO phase approved dumpsite.

Noise generation and • The design shall propose noise and vibration proofed KAWASCO, Throughout vibration systems installation. These shall be monitored during MUSWASCO and operation operation and if the values go above ambient or MUWASCO phase specifications, the necessary measures shall be undertaken which may include: o Improvement of proofing systems; o Servicing of the offending equipment; o Development of foundations and mountings; and o Complete or partial overhaul. • Personal protective equipment shall be provided at noisy areas for use by workers and visitors. Emergency • Design and implement an emergency response plan; KAWASCO, Throughout preparedness and • Coordinate with aid organizations/agencies such as with the MUSWASCO and operation response local fire brigade; MUWASCO phase • Install fire hydrants within the proposed development; • Install a fire extinguisher at the plant and train workers on how use.

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Impact Mitigation Measure Institutional Time Frame Budget Ksh Responsibility Energy Management • To ensure efficient energy consumption, energy saving KAWASCO, Throughout policies, technologies and management strategies in the MUSWASCO and operation overall Project management scheme should be included; MUWASCO phase • It will be important to monitor energy use during the operation of the proposed Project and set targets for efficient energy use; • Appropriate power transformers and accessories shall be installed in conjunction with the power distribution company; • Liaise with Kenya Power to ensure that the plant receives quality energy supplies as required under each plant and equipment specifications; • A stand -by generator set shall be installed and form part of the power supply system on site. This generator shall be sound proofed and kept in good running condition by regular checks and testing.

Capacity building • Provide a forum for human resources development on KAWASCO, Throughout environmental conservation; MUSWASCO and operation • Establish a schedule for continuous improvement of human MUWASCO phase capacity on environmental management; • Develop in-house guidelines on environment, health and safety management. Total Budget 850,000

ESIA Project Report for Murang’a Water Supply May 2015

8.4 Monitoring and Evaluation

Monitoring is an important tool in establishing the success or failure of a project in regards to compliance to environmental safeguards. Evaluation is also important in assessing the achievement of the mitigation measures set out in the Environmental and Social Management Plan, performance and efficiency of the project in regards to ESMP.

Monitoring and evaluation process will involve the assessment of the following benchmarks

• The implementation process of guidelines stipulated in the ESMP • Evaluate impact of the project to the environment and social setting of Murang’a County (categorize and weight positive and negative) • Monitoring of the involvement of the community through public consultations in decision makings and the implementation of the project.

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Table 8-2: Monitoring checklist

Schedule Activities Execution Supervision Funding Comments Prepare site specific ESMP, Draft Plan submitted not later than 2 Year 1. including contractor’s camp and Contractor AWSB/TWSB Contract month after contract notification Final Months 1-3 any required material sites. plan before end of month 3. Construction Safe working procedures to be Contractor AWSB/TWSB Contract Verify applicability of written safe period written and followed by working procedures. Regular inspection contractors of construction works Working areas to be temporarily AWSB/TWSB out of bounds to non-works Contractor Contract Regular inspection of construction sites personnel Construction waste to be stored AWSB/TWSB in a secure, designated area prior Contractor Contract Regular inspection of construction sites to removal to a designated waste landfill site Daily checks of machinery for AWSB/TWSB Regular inspection of construction sites Contractor Contract leaking oil No washing of machinery at AWSB/TWSB Regular inspection of construction sites Contractor Contract construction site Regular monitoring of water AWSB/TWSB Water to be analyzed for turbidity, oil resources both ground and Contractor Contract and heavy metals surface Separation of topsoil and subsoil AWSB/TWSB during excavation works, with Contractor Contract Regular inspection of construction sites careful replacement of topsoil after pipe is laid

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Schedule Activities Execution Supervision Funding Comments Works performed strictly during AWSB/TWSB Regular inspection of construction sites. normal weekday working hours Contractor Contract See also Section Impact Monitoring: Air to minimize noise nuisance Quality and Noise Minimize dust and traffic AWSB/TWSB Regular inspection of construction sites. emissions by good operation Contractor Contract See also Section Impact Monitoring: Air management and site supervision Quality and Noise AWSB/TWSB Apply dust suppression measures Regular inspection of construction sites. (water sprinkling), especially Contractor Contract See also Section Impact Monitoring: Air during long dry periods Quality and Noise If any archaeological artefacts are AWSB/TWSB found, work must stop /consultant immediately and the respective Contractor National Museums Contract Regular inspection of construction sites local authorities and experts of Kenya informed Contractor should on a regular Contract Based on the project grievance redress / basis collect and address any information sharing mechanism. inquiries and complaints from the Contractor AWSB/TWSB public on the project.

Minimize time of replacement Contract Records from water supply management work and interruptions of water Regular inspection of construction sites Contractor AWSB/TWSB supply

Sensitization on HIV/AIDS and Contract Records of meetings held and number of other STIs Contractor AWSB/TWSB condoms distributed.

ESIA Project Report for Murang’a Water Supply May 2015

Schedule Activities Execution Supervision Funding Comments No incidences of child labour Contract Inspection of the contractor employee Contractor AWSB/TWSB records. Operation Sludge management KAWASCO, KAWASCO, Annual inspection of sludge from the Phase MUSWASCO MUSWASCO flocculation chambers before disposal to and TWSB and landfills MUWASCO MUWASCO /Consultant Backwash water management KAWASCO, Back wash water should be directed KAWASCO, MUSWASCO through a wetland before release into MUSWASCO TWSB and the river. This should be monitored and MUWASCO every time the filters are washed. MUWASCO /Consultant Chemical handling chlorine and KAWASCO, - Proper custody of chemicals according KAWASCO, flocculants MUSWASCO to manufactures instruction MUSWASCO TWSB and -Regular training of staff on and MUWASCO occupational health and safety issues MUWASCO /Consultant

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8.5 Decommissioning plan

In order to achieve proper decommissioning for the proposed Murang’a Water Supply Project, Figure 8-1 below provides a flow chart with key steps that should be followed.

Step 1 Initiation Development of an Objective Worksheet and checklist Proponent incorporating references, legal and policies

Step 2: Prepare Decommissioning Design Conduct design review to validate elements of the design and ensure design features are incorporated in the decommissioning Proponent design. Public consultations

Step 3: Prepare and Award Contract Prepare a contract that incorporates validated project Proponent information and award to a contractor as per the Procurement

rules.

Step 4 Implementation and Inspection Implement design elements and criteria on the Project in Contractor, Proponent accordance with specifications and drawings. Inspect during and Supervising decommissioning and at Project completion to ensure that all Engineer design elements are implemented according to design specifications.

Step 5: Non-Conformance, Corrective/Preventive Action Determine root cause. Propose corrective measures All responsible Propose future preventive measures.

Step 6: Project Review and Close Out Contractor demobilises, hand over and closes out. All responsible

Figure 8-1: Flow chart for decommissioning

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9.0 CONCLUSION AND RECOMMENDATIONS

The Environmental and Social Impact Assessment (ESIA) Study was carried out based on field assessments and public consultations with the community who are likely to benefit or to be affected by the proposed Project and the Proponent in compliance with the World Bank environmental policies, Environmental Management and Coordination Act, 1999 and the Environmental (Impact Assessment and Audit) Regulations, 2003.

The proposed project is step towards providing water to the people of Murang’a County and in that case, there is overwhelming acceptance of the project by the local community (97.5% of the surveyed population.

Negative environmental and social impacts identified in the report can be mitigated as illustrated in the Environmental and Social Management Plan and proper monitoring throughout construction and operation phases of the project is advised. It is important to allocate and utilize the budget for implementation of the ESMP provisions to ensure sustainability of the project.

The following recommendations are made with respect to the implementation of the proposed Murang’a Water Supply Project:

ii. That a complete audit be undertaken and submitted to NEMA after commissioning to ensure that all the proposed mitigation measures have been complied with.

iii. That construction of all facilities in the proposed Project is carried out in accordance with approved plans, regulations, policies and laws.

iv. That the Operation and Maintenance of the Water Supply should comply with the international Best Practices and the principles of environmental management including the principles of sustainability, prevention, precaution, polluter pay principle and public participation.

v. That since the sum total of impacts from the proposed Project is positive, the proposed Project be authorized by NEMA and allowed to

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proceed, on condition that strict adherence to the Environmental and Social Management Plan is observed.

vi. That the Construction Supervision and Operation Management Teams on this Project should include a Licensed Environmental Lead Expert who shall maintain regular monitoring and evaluation of the project to ensure that it is complying with the World Bank Policies, EMCA, 1999 and other Regulations in force.

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10.0 APPENDICES

• Stakeholder Consultation List • Minutes of Meetings and Attendance List

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Appendix 1: Stakeholder Consultation List

Appendix 2: Minutes of Meetings and Attendance List