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ESIA 1878 Mochongoi Molhud BCG SR 2275

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MOCHONGOI SETTLEMENT SCHEME DEPARTMENT OF LANDS, HOUSING AND URBAN DEVELOPMENT (LHUD) INTEGRATED ENVIRO NMENTAL AND SOCIAL IMPACT ASSESSEMENT (IESIA) STUDY REPORT FOR T SHOEC PIRAOLPOIMSEPDA DCETG AZETTEMENT OF OL-ARABEL FOREST FOR MOCHONGOI SETTLEMENT SCHEME IN MOCHONGOI WARD; BARINGO SOUTH SUB COUNTY; BARINGO COUNTY. PREPARED BY: LEAD SECURITIES LIMITED EIA/EA FIRM OF EXPERTS FINAL REPORT FINAL FINAL REPORT FINAL REG. NO. 7306, 0715526534 SUBMITTED BY: DEPARTMENT OF LAND, HOUSING AND URBAN DEVELOPMENT (LHUD) BARINGO COUNTY GOVERNMENT (BCG) P.O. BOX 53-30400 KABARNET, KENYA SUBMITTED TO: THE DIRECTOR GENERAL, NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY, NAIROBI, KENYA FINAL REPORT FINAL REPORT FINAL JUNE, 2021 i ii EXECUTIVE SUMMARY Mochongoi Settlement Scheme is located in Ol Arabel Forest in Mochongoi Ward, Baringo South Sub County, Baringo County. The scheme was established in the year 1989 by Presidential Directive to resettle people displaced from their lands to create space for government projects including Kirandich dam, schools, churches, the airstrip and the Government Training Institute (GTI). However the due process of the degazettement of the forest for the establishment of the settlement was not undertaken at that time. This led to the development of the informal Mochongoi settlement causing encroachment and land ownership problems. Part of the settlement scheme was degazetted and some land owners were issued with land titles while others have allotment letters (Block I). However majority of people in the settlement scheme do not have land ownership documents. On Tuesday 23rd February 2016, the people of Mochongoi Settlement Scheme petition the National Assembly through their MP Hon. Grace Kipchoim for degazettement of Ol Arabel Forest for Mochongoi Settlement Scheme and issuance of titles pursuant to Article 119 (1) of the Constitution of Kenya (2010) and Standing Order 219. The National Assembly pursuant to standing Order 227 referred the Petition to the Department Committee on Lands for processing and preparation of a report. The committee on Lands visited Baringo County and particularly Mochongoi settlement scheme to prepare a response report on the petition. The National Assembly Committee on Lands presented the findings in a report dated 2nd March 2017 with recommendation for Environment and Social Impact Assessment as a requirement for degazettement of Ol Arabel Forest for Mochongoi Settlement Scheme. The County Government of Baringo was tasked to facilitate the Integrated Environment and Social Impact Assessment (IESIA) Study. The County Government of Baringo through the Department of Land, Housing and Urban Development (LHUD) intends to regularize occupied lands in the county which have not been degazetted from forest for settlement schemes particularly Mochongoi Settlement Scheme including Block I (107) — Mochongoi, Block II (110) — Kaimalel and Block III (111) — Kimoriot. Mochongoi settlement scheme is an informal settlement requiring proper iii physical planning. This can be achieved through degazettement of the section Ol Arabel forest already occupied as a human settlement. EMCA (Amendment), 2015 advocates for a clean and healthy environment in everywhere any time for all citizens. This therefore calls upon developers/investors/settlers/famers to maintain the same as they undertake development activities. Maintenance of clean and good environment should not be one-time event but a continuous process. The degazettement of Ol Arabel Forest for Mochongoi Settlement Scheme is among projects listed under schedule II of the Environmental Management and Co-ordination (Amendment) Act (EMCA, 2015) requiring IESIA. According to Environmental Management and Coordination (Strategic Assessment, Integrated Impact Assessment and Audit) Regulations, 2018, Section 14 (1) an Integrated Environmental Impact Assessment study shall be conducted for all high-risk projects tabulated in the Second Schedule of the Environmental Management and Coordination (Amendment) Act 2015. Lead Securities Limited was contracted by the County Government of Baringo to conduct Integrated Environment and Social Impact Assessment (IESIA) for the proposed degazettement of Ol Arabel Forest for Mochongoi Settlement Scheme as part of the requirement for degazettement. In any development initiative, the focus is to improve the economic well-being of an area in terms of increased land use rate, increased cash flow and levies to County Governments. In the same line these development should always consider the environmental well-being of the current population and the generation to come and thus a balance is attained between the two hence termed as sustainable development. The IESIA study approach involved: 1) Preparation and submission of TOR for IESIA study to NEMA HQs (11/10/2019); 2) Approval of TOR for IESIA study by NEMA HQs (16/10/2019); 3) Launching of IESIA study (22/11/2019); 4) Planning and Mobilization for IESIA (12/12/2019); 5) identification of stakeholders; 6) leaders consultative meetings; 7) key informant interviews; 8) social economic survey; 9) open public consultative meeting (Barazas); 10) administrative of structured questionnaires 11) review of RIMs/Survey Maps; iv 12) inventory of public utilities; 13) Delineation of Boundary/Cut Line; 14) preparation of IESIA draft report; 15) Presentation of draft report to stakeholders for review, comments, suggestions and recommendations (18/11/2020) (validation #1); 16) Presentation of draft report to communities in the settlement scheme for review, comments, suggestions and recommendations (16-18/12/2020) (validation #2); 17) Preparation of final IESIA study report; 18) Submission of IESIA study report to NEMA HQs. It was established that: 1. The people have settled in Mochongoi Settlement Scheme and practiced crop and livestock production and other activities. 2. Mochongoi settlement scheme has been surveyed and consists of 5672 parcels of land in 37 Maps (―RIMs‖) covering a total acreage of 10,056.36 hectares (Ha). Out of these, 1409 have title deeds, 2426 have allotment letters and 3246 do not have allotment letters. Some of the land owners have paid SFT funds. 3. The National and County Government have invested in the settlement scheme including administrative boundaries comprising Two (2) Locations (Kimoriot and Mochongoi) and Five (5) Sub Locations (Kimoriot, Kamailel, Mochongoi, Kapkechir and Kapnarok); many public utilities such as primary schools, secondary schools, health facilities, water projects, infrastructure (roads, electricity) among others as detailed in section 5.4 in this report. 4. Mochongoi settlement scheme land cover at the time of study consisted of 15.3% tree cover; 4.7% Shrub cover; 8.7% grass land; 71% crop land; 0.2% bare areas and 0.1% built areas. Combining tree and shrub covers gives a total of 20% vegetation cover. This is above the 10% vegetation cover recommended under the Constitution of Kenya 2010 and Forest Conservation and Management Act No 34 of 2016. 5. Due to lack of clear boundary/cutline between the forest and the settlement scheme, there has been encroachment beyond into community reserve forest, catchment and riparian areas. The proposed degazettement of Ol Arabel Forest for Mochongoi Settlement Scheme has the immediate to long-term benefits (positive impacts) including: 1) Enables issuance of title deeds as legal land ownership documents (collateral for loan and acquisition of medical cover v etc); 2) Encourage/promote individual environmental responsibility; 3) Reduction of human- wildlife conflicts due to clear boundary between settlement scheme forest and wildlife areas/corridors; 4) Land tenure security; 5) Increased land value; 6) Establishment of permanent residences; 7) Promote social stability and security of the rural community; 8) Improved agricultural production (increased/improved crop and livestock production); 9) Promotion of food security from crop and livestock production; 10) Promoting business opportunities from agro-based industries including agro-processing and value addition; 11) Improved public health (people will construct toilets thereby reducing OD); 12) Increased income to rural community (Income generation from commercial farming and agribusiness); 13) Reduce conflicts with neighbors especially land disputes; 14) Enhance proper land development and management; 15) Encourages forest protection due to clear boundary between the forest and settlement; 16) Enables compensation for crop damages by wildlife; 17) Promotes rural employment creation; 18) Reduces Rural Poverty; 19) Improves Livelihood and living standards of the rural community; 20) Improves infrastructure (roads, electricity, water etcetera); 21) Increases Generation of Revenue to the Government; 22) Promote Economic Growth and Development among many other direct and indirect benefits. However there are adverse effects (negative impacts) including: 1) Reduction in forest cover due to deforestation, logging, and charcoal burning among others); 2) Soil erosion from crop and livestock production (over-cultivation and overstocking/ overgrazing) and other human activities leading to landscape degradation, water pollution and siltation of water pans and dams; 3) Encourages increase in population leading to increased pressure on natural resources; 4) Degradation of cultural and recreation sites; 5) Encroachment into wildlife areas and corridors leading to wildlife habitat degradation, poaching and wildlife migration; 6) Human wildlife conflict leading to
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