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Esia) for the Horn of Africa Initiative: Isiolo – Mandera Corridor: Elwak – Rhamu Road Section (142Km) Upgrading Project

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Esia) for the Horn of Africa Initiative: Isiolo – Mandera Corridor: Elwak – Rhamu Road Section (142Km) Upgrading Project REPUBLIC OF KENYA MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING AND URBAN DEVELOPMENT REVIEW AND UPDATE OF THE ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) FOR THE HORN OF AFRICA INITIATIVE: ISIOLO – MANDERA CORRIDOR: ELWAK – RHAMU ROAD SECTION (142KM) UPGRADING PROJECT MAY 2021 Horn of Africa Initiative: Isiolo – Mandera Corridor: Elwak – Rhamu Road Section (142KM) Upgrading Project DECLARATIONS I, on behalf of the Kenya National Highway Authority (KeNHA), submit this Comprehensive Environmental and Social Impact Assessment Report for the Proposed Upgrading to Bitumen Standards of Elwak-Rhamu Road Section 142km (A13). Signed at on this day of 2021 Signature Designation: I, CHARLES LWANGA MUYEMBE, submit this Comprehensive Environmental and Social Impact Assessment Report Proposed Upgrading to Bitumen Standards of Elwak-Rhamu Road Section 142km (A13). The Report has been prepared in accordance with the Environmental Management and Coordination Act, Cap 387 and the Environmental (Impact Assessment and Audit) Regulations, 2003. Signed at NAIROBI on this 11th day of May 2021 Signature Designation: EIA/AUDIT LEAD EXPERT REG. NO.1283 Updated ESIA Report for Elwak Rhamu Road Section ii May 2021 Horn of Africa Initiative: Isiolo – Mandera Corridor: Elwak – Rhamu Road Section (142KM) Upgrading Project TABLE OF CONTENTS List of tables viii List of Figures viii List of acronyms and abbreviations ix EXECUTIVE SUMMARY xii 1 INTRODUCTION 1 1.1 Background 1 1.2 Overall Project Objectives 1 1.3 Need for ESIA review and update 1 1.4 Project Location 2 1.5 Objectives of the ESIA Study 4 1.6 Project Justification 4 1.7 ESIA Methodology 5 1.8 Project Proponent Details 11 1.9 Structure of the Report 12 2 POLICY, LEGAL AND REGULATORY FRAMEWORK 14 2.1 Policy Framework 14 2.2 Legal Framework 20 2.2.1 The Constitution of Kenya, 2010 20 2.2.2 Environmental Management and Coordination Act (EMCA) Cap 387 20 2.2.3 Water Act, 2016 22 2.2.4 Kenya Roads Act, 2007 22 2.2.5 Traffic Act, 2014 23 2.2.6 Occupational Health and Safety Act (OSHA) 2007 23 2.2.7 Employment Act, 2007 26 2.2.8 The Labour Institutions Act 26 2.2.9 The Labour Relations Act 26 2.2.10 Work Injury Benefits Act (WIBA) Chapter 236 26 2.2.11 Wildlife Conservation and Management Act, 2013 26 2.2.12 Public Health Act, Chapter 242 27 2.2.13 HIV/AIDS Prevention and Control Act, 2006 27 2.2.14 National Construction Authority Act, 2011 27 2.2.15 Land Act (No. 6 of 2012) 28 2.2.16 The National Lands Commission Act, 2012 28 2.2.17 The Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act, 2012 28 2.2.18 National Gender and Equality Commission Act, 2011 29 2.2.19 The Land Registration Act, 2012 29 2.2.20 Community Land Act, 2016 29 2.2.21 Land and Environment Court Act, 2012 31 2.2.22 Land Laws (Amendment) Act 2016 31 2.2.23 Physical and Land Use Planning Act, 2019 31 2.2.24 Climate Change Act, 2016 32 2.2.25 Urban Areas and Cities Act No. 13 of 2011 33 2.2.26 The National Museums and Heritage Act (2006) 33 2.2.27 Energy Act, 2019 33 2.2.28 Mining Act, 2016 33 2.2.29 Intergovernmental Relations Act 34 2.2.30 Access to Information Act, 2016 34 2.3 Institutional Framework 34 2.3.1 Ministry of Transport, Infrastructure, Housing and Urban Development 34 2.3.2 Kenya National Highways Authority 35 2.3.3 The National Environmental Management Authority 36 2.3.4 Water Resources Authority (WRA) 36 2.3.5 National Transport and Safety Authority 36 2.3.6 Kenya Roads Board (KRB) 37 2.3.7 Mandera County Government 37 Updated ESIA Report for Elwak Rhamu Road Section iii May 2021 Horn of Africa Initiative: Isiolo – Mandera Corridor: Elwak – Rhamu Road Section (142KM) Upgrading Project 2.3.8 Directorate of Occupational Safety and Health Services (DOSHS) 37 2.3.9 Energy and Petroleum Regulatory Authority (EPRA) 38 2.4 International Treaties and Conventions 38 2.4.1 The 1985 Vienna Convention for the Protection of the Ozone Layer 38 2.4.2 The 1987 Montreal Protocol on Substances that Deplete the Ozone Layer 38 2.4.3 The United Nations Convention on Climate Change (“1992 UNFCCC”) 39 2.4.4 The Kyoto Protocol 39 2.4.5 Convention on Biological Diversity 39 2.4.6 The international convention on the protection of the rights of all migrant workers and members of their families ,December, 1990 39 2.4.7 Convention on the Rights of Persons with Disabilities (ICRPD), 2006 40 2.4.8 ILO Convention No. 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, 1999. 40 2.4.9 ILO Convention 138 on Employment Age, 1973 40 3 PROJECT DESCRIPTION 42 3.1 Existing Road Condition 42 3.1.1 Existing alignment 42 3.1.2 Right of Way 43 3.1.3 The horizontal and vertical alignment design review 44 3.1.4 Existing Drainage Structures 45 3.1.5 Existing Traffic Situation 45 3.2 Proposed Project design 48 3.2.1 Proposed Engineering Works 50 (a) Design speed 50 (b) Design for junctions 50 (c) Major Realignments 50 (d) Minor realignments 50 (e) Parking Bays/ bus bays 50 (f) Lay bays /Truck parking 50 3.2.2 Road reserves 51 3.2.3 Temporary works 51 3.3 Material sources 51 3.3.1 Gravel Borrow Pits 51 3.3.2 Hard Rock Sources 53 3.3.3 Sand Resources 53 3.3.4 Water resources 53 4 ENVIRONMENTAL AND SOCIAL SETTING 55 4.1 Physical Environment 55 4.1.1 Climate 55 4.1.2 Topography and Soils 55 4.1.3 Geology 56 4.1.4 Drainage and Hydrology 57 4.1.5 Water resources 58 4.1.6 Flooding conditions 59 4.1.7 Air Quality and Noise 59 4.1.8 Water Quality 60 4.2 Biological Environment 60 4.2.1 Ecosystem/ Ecoregion 60 4.2.2 Habitat/ Vegetation Communities 61 4.2.3 Wild Vegetation 64 4.2.4 Wildlife 66 4.3 Social Environment 69 4.3.1 Administration 69 4.3.2 Population 69 4.3.3 Settlements 70 4.3.4 Religion 71 4.3.5 Education 72 4.3.6 Health 73 4.3.7 Land Tenure and Uses 76 4.3.8 Infrastructure 77 Updated ESIA Report for Elwak Rhamu Road Section iv May 2021 Horn of Africa Initiative: Isiolo – Mandera Corridor: Elwak – Rhamu Road Section (142KM) Upgrading Project 4.3.9 Security 78 4.3.10 Water and sanitation 79 4.3.11 Livelihood Activities 82 4.3.12 Gender and inequality 84 5 STAKEHOLDER CONSULTATION AND PUBLIC PARTICIPATION 85 5.1 General Information 85 5.2 Objectives of Public Participation 85 5.3 Methodology 86 5.3.1 Stakeholder Identification and Mapping 86 5.3.2 Stakeholder Engagement and Public Consultations during previous study 86 5.3.3 Public consultations during review and update of the ESIA 87 5.3.3.1. Key stakeholder consultations 87 5.3.3.2. Public Consultation Meetings 90 5.4 Disclosure and Consultation During Project Duration. 94 5.5 Public / Community Meetings 94 6 CLIMATE CHANGE AND ADAPTATION 98 6.1 Introduction 98 6.2 Climate Change Vulnerability In Mandera County. 98 6.3 Potential Contribution Of The Proposed Road To Climate Change 99 6.3.1 Deforestation 99 6.3.2 Overgrazing 99 6.3.3 Population pressure 100 6.3.4 Firewood use and charcoal burning 100 6.3.5 Agricultural activities 100 6.3.6 Increased economic Activities and consumption rates. 100 6.4 Climate Change and Transport Infrastructure 100 6.5 Climate Change adaptation component 101 6.6 Project’s Climate Change Effects. 101 6.6.1 Prolonged drought 101 6.6.2 Flooding 101 6.6.3 Increased wind strengths 102 6.7 Adaption/Mitigation Measures 102 7 ALTERNATIVES TO THE PROJECT 103 7.1 Alternative Modes of Transport 103 7.2 Alternative Alignments 103 7.3 Strategic competing alternatives 104 7.4 Upgrading the existing road without any changes in route alignment 104 7.5 Alternative construction materials and technology 105 7.6 Solid waste management alternatives 105 7.7 “No Action” Scenario 105 8 POTENTIAL IMPACTS AND MITIGATION MEASURES 106 8.1 Construction Phase Impacts 106 8.1.1 Employment Opportunities 106 8.1.2 Business Opportunities for Local Suppliers and Service Providers 107 8.1.3 Knowledge and skills transfer 107 8.2 Negative Impact During The Pre-Construction /Construction Phase 108 8.2.1 Excessive Noise and vibration 108 8.2.2 Contamination by liquid waste and hydrocarbon spills 109 8.2.3 Construction dust and air pollution 110 8.2.4 Generation of solid waste 111 8.2.5 Increased soil erosion incidences 112 8.2.6 Increased incidences of poaching and human-wildlife conflicts 113 8.2.7 Loss of vegetation 113 8.2.8 Spread of invasive and alien species 114 8.2.9 Habitat loss and disturbance 115 8.2.10 Impacts on Material Borrow Sites. 116 8.2.11 Workmen’s camp 117 8.2.12 Land take and disruption of livelihoods 118 8.2.13 Potential conflict and disputes 122 8.2.14 Impacts on Traffic and associated accidents 123 Updated ESIA Report for Elwak Rhamu Road Section v May 2021 Horn of Africa Initiative: Isiolo – Mandera Corridor: Elwak – Rhamu Road Section (142KM) Upgrading Project 8.2.15 Disruption of Public Utilities 124 8.2.16 Spread of HIV/AIDS and Other STDs 125 8.2.17 Occupational safety and health hazards 125 8.2.18 Security challenges 127 8.2.19 Impacts related to high temperature and humidity levels 127 8.2.20 Community safety and health 128 8.2.21 Increased water demand 128 8.2.22 Impacts on cultural resources and archaeological sites 129 8.2.23 Social change 130 8.2.24 Construction works induced traffic and inconveniences 131 8.2.25 Spread of communicable diseases 132 8.2.26 Spread of Covid 19 among workers and community members 133 8.2.27 Conflicts between construction workers and local communities 133 8.2.28 Crime management 134 8.2.29 Child protection, Sexual Exploitation and Abuse (SEA) of underage girls 135 8.2.30 Absenteeism in schools 136 8.2.31 Gender equity and mainstreaming in employment
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